Backup Documents 09/28/2010 Item # 8ACOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
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Originating Dept/ Div: Growth Man.- P &R/Land Dev. Svcs. Person: David Weeks Date: 9/3/10
Petition No. (If none, give brief description): Section 24 Settlement Agreement
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before XXX BCC BZA Other
Requested Hearing date: September 28, 2010 Based on advertisement appearing 10 days before hearing, q-1510
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs:
Reviewed by:
9,3 � � O�Q��
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Division Administr for or Designee Date
yavi� wee. / Atc, 6,Mp 11A -Aj&-
List Attachments: Advertisement Request for BCC Hearing
DISTRIBUTION INSTRUCTIONS
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 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
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE-ONLY;- o Q' S -I
Date Received: - iy Date of Public hearing: .. b Date Advertised:"
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September 28, 2010 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement on Wednesday, September 15, 2010 and
furnish proof of publication to David Weeks, Comprehensive Planning Section of the Land
Development Services Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The
advertisement must be � one column;rrvide line item ad. The advertisement mint be placed
in that portion of the newspaper where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
COMPREHENSIVE PLANNING SECTION
FUND & COST CENTER: 111 - 138317 - 649100 -00000
PURCHASE ORDER NUMBER: 4500112358
ACCOUNT NUMBER: 068778
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NOTICE OF PUBLIC HEARING AND
NOTICE OF INTENT TO CONSIDER STIPULATED SETTLEMENT AGREEMENT
Notice is hereby given that the Collier County Board of County Commissioners will hold a Public
Meeting on Tuesday, September 28, 2010 in the Boardroom, 3rd Floor, W. Harmon Turner
Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida.
The meeting will commence at 9:00 A.M.
The purpose of the hearing is to consider executing a settlement agreement pertaining to DOAH
CASE NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI-1 101 -(A)-(N), between the
Florida Department of Community Affairs et al and Collier County, Florida et al.
The Agreement title is as follows:
SECTION 24 SETTLEMENT AGREEMENT, DOAH CASE
NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI- 1101 -(A)-
(N) BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS ET AL AND COLLIER COUNTY, FLORIDA ET AL, IN
RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS'
STATEMENT OF INTENT TO FIND THAT PORTION OF
COMPREHENSIVE PLAN AMENDMENT 07 -1ER PERTAINING
TO THE FUTURE LAND USE MAP DESIGNATION AND TEXT
PROVISIONS FOR SECTION 24, TOWNSHIP 49 SOUTH,
RANGE 26 EAST NOT IN COMPLIANCE, ISSUED ON MAY 1,
2007.
All interested parties are invited to appear and be heard. Copies of the proposed settlement
agreement are available for inspection at the Land Development Services Department,
Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours
of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these
documents should be directed to the Land Development Services Department, Comprehensive
Planning Section. (239- 252 - 2306). Written comments filed with the Land Development Services
Department, Comprehensive Planning Section prior to Tuesday, September 28, 2010, will be
read and considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Board of County
Commissioners with respect to any matter considered at such meeting or hearing, he will need
a record of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
If you are a person with a disability who needs an 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 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.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioners,
and
FLORIDA WILDLIFE FEDERA'T'ION
and COLLIER COUNTY AUDUBON
SOCIETY
Petitioners-] n- Intervention
V.
COLLIER COUNTY
Respondent
and
BUCKLEY ENTERPRISES, HIDEOUT
GOLF CLUB, LTD, JOHN L. COWAN
and JANE ANN COWAN, TRUSTEES,
Respondents -in- Intervention.
DOAH Case No. 07- 2317GM
SECOND PARTIAL STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the
State of Florida, Department of Community Affairs; Petitioners -in- Intervention Florida Wildlife
Federation and Collier County Audubon Society; Respondent Collier County; Respondents -in-
Intervention Buckley Enterprises, Hideout Golf Club, LTD, and John L. Cowan and Jane Ann
Cowan, Trustees, as a complete and final settlement of all claims related to Ordinance No. 07 -18
raised in the above - styled proceeding.
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RECITALS
WHEREAS, the State of Florida, Department of Community Affairs (DCA or
Department), is the state land planning agency and has the authority to administer and enforce
the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter
163, Part II, Florida Statutes, and
WHEREAS, Collier County (Local Government) is a local government with the duty to
adopt comprehensive plan amendments that are "in compliance;" and
WHEREAS, the Local Government adopted Comprehensive Plan Amendment 07 -1ER
(Plan Amendment) by Ordinance Nos. 07 -18 on January 25, 2007; and
WHEREAS, the Plan Amendment proposes changes to the Future Land Use Map and the
Future Land Use Element as it pertains to Section 24; and
WHEREAS, the Department issued its Statement of Intent on May 1, 2007, and
published its Notice of Intent regarding the Amendment on May 2, 2007; and
WHEREAS, as set forth in the Statement of Intent, the Department contends that the
Amendment is not "in compliance" for failure to protect certain natural resources; and
WHEREAS, pursuant to Section 163.3184(l 0), Florida Statutes, DCA has initiated the
above - styled formal administrative proceeding challenging the Amendment; and
WHEREAS, the Florida Wildlife Federation and the Collier County Audubon Society
were granted petitioners -in- intervention status on June 4, 2007; and
WHEREAS, Buckley Enterprises, Hideout Golf Club, Ltd, and John L. Cowan and Jane
Ann Cowan, Trustees were granted respondents -in- intervention status on July 24, 2007; and
WHEREAS, the Local Government and the respondents -in- intervention dispute the
allegations of the Statement of Intent regarding the Amendment; and
WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy
litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their
respective mutual best interests to do so;
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NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the
receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree
as follows:
GENERAL PROVISIONS
1. Definitions. As used in this agreement, the following words and phrases shall
have the following meanings:
a. Act: The Local Government Comprehensive Planning and Land
Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes.
b. Agreemen t: This stipulated settlement agreement.
c. Comprehensive Plan Amendment or Plan Amendment: Comprehensive
Plan amendment 07 -1 ER adopted by the Local Government on January 25, 2007, as Ordinance
No. 07 -18.
d. DOAH: The Florida Division of Administrative Hearings.
e. In compliance, or into compliance: The meaning set forth in Section
163.3184(1)(b), Florida Statutes.
f. Notice: The notice of intent issued by the Department to which was
attached its statement of intent to find the plan amendment not in compliance.
g. Petition: The petition for administrative hearing and relief filed by the
Department in this case.
h. Remedial Action: A remedial plan amendment, submission of support
document or other action described in the statement of intent or this agreement as an action
which must be completed to bring the plan amendment into compliance.
i. Remedial Plan Amendment: An amendment to the plan or support
document, the need for which is identified in this agreement, including its exhibits, and which
the local government must adopt to complete all remedial actions. Remedial plan amendments
adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with
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and substantially similar in concept and content to the ones identified in this Agreement or be
otherwise acceptable to the Department.
Statement of Intent: The statement of intent to find the Plan Amendment
not in compliance issued by the Department in this case.
k. Support Document: The studies, inventory maps, surveys, data,
inventories, listings or analyses used to develop and support the Plan Amendment or Remedial
Plan Amendment.
2. Department Powers. The Department is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the Plan
Amendment is in compliance.
3. Negotiation of Agreement. The Department issued its Notice and Statement of
Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that
effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the
issues in the Petition, Notice and Statement of Intent through this Agreement. It is the intent of
this Agreement to resolve fully all issues between the parties in this proceeding.
4. Dismissal. If the Local Government completes the Remedial Actions required by
this Agreement, the Department will issue a cumulative Notice of intent addressing both the
Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The
Department will file the cumulative Notice of Intent with the DOAH. The Department will also
file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for
realignment of the parties, as appropriate under Section 163.3184(16)(£), Florida Statutes.
5. Description of Provisions not in Compliance and Remedial Actions; Legal Effect
of Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies
the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance.
Exhibits A and B are incorporated in this Agreement by this reference. This Agreement
constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will
be in compliance.
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6 Remedial Actions to be Considered for Adoption. The Local Government agrees
to consider for adoption by formal action of its governing body all Remedial Actions described
in Exhibit B no later than the time period provided for in this Agreement.
7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after
execution of this Agreement by the parties, the Local Government shall consider for adoption all
Remedial Actions or Plan Amendments and amendments to the Support Documents. This may
be done at a single adoption hearing. Within 10 working days after adoption of the Remedial
Plan Amendment, the Local Government shall transmit 3 copies of the amendment to the
Department as provided in Rule 9J- 11.0131(3), Florida Administrative Code. The Local
Government also shall submit one copy to the regional planning agency and to any other unit of
local or state government that has filed a written request with the governing body for a copy of
the Remedial Plan Amendment and a copy to any party granted intervenor status in this
proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a
letter which describes the remedial action adopted for each part of the plan amended, including
references to specific portions and pages.
8. Acknowledgment. All parties to this Agreement acknowledge that the "based
upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan
Amendment.
9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days
after receipt of the adopted Remedial Plan Amendments and Support Documents, the
Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the
adopted amendments in accordance with this Agreement.
a. In Compliance: If the adopted Remedial Actions satisfy this Agreement,
the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment
and the Remedial Plan Amendment as being in compliance. The Department shall file this
cumulative notice with DOAH and shall move to realign the parties or to have this proceeding
dismissed, as may be appropriate.
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Not in Compliance: If the Remedial Actions do not satisfy this
Agreement, the Department shall issue a Notice of Intent to find the Plan Amendment not in
compliance and shall forward the notice to DOAH for consolidation with the pending
proceeding.
10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be
counted toward the frequency restrictions imposed upon plan amendments pursuant to Section
163.3187(1), Florida Statutes.
11. Purpose of this Agreement; Not Establishing Precedent. The parties enter into
this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the Plan Amendment. The acceptance of proposals for
purposes of this Agreement is part of a negotiated agreement affecting many factual and legal
issues and is not an endorsement of, and does not establish precedent for, the use of these
proposals in any other circumstances or by any other local government.
12. Approval by Governing Body. This Agreement has been approved by the Local
Government's governing body at a public hearing advertised at least 10 days prior to the hearing
in a newspaper of general circulation in the manner prescribed for advertisements in Section
163.3184(16)(c), Florida Statutes. This Agreement has been executed by the appropriate officer
as provided in the Local Government's charter or other regulations.
13. Changes in Law. Nothing in this Agreement shall be construed to relieve either
party from adhering to the law, and in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or regulation shall take precedence and
shall be deemed incorporated in this Agreement by reference.
14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect
the rights of any person not a party to this Agreement. This Agreement is not intended to benefit
any third party.
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15. Attorney Fees and Costs. Each party shall bear its own costs, including attorney
fees, incurred in connection with the above - captioned case and this Agreement.
16. Effective Date. This Agreement shall become effective immediately upon
execution by the Department and the Local Government.
17. Filing and Continuance. This Agreement shall be filed with DOAH by the
Department after execution by the parties. Upon the filing of this Agreement, the administrative
proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with
Section 163.3184(16)(b), Florida Statutes.
18. Retention of Rijzht inal Hearing. Both parties hereby retain the right to have a
final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this
Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to
have this matter set for hearing if it becomes apparent that any other party whose action is
required by this Agreement is not proceeding in good faith to take that action.
19. Construction of Agreement. All parties to this Agreement are deemed to have
participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the
parties agree that such ambiguity shall be construed without regard to which of the parties
drafted the provision in question.
20. Entire Agreement. This is the entire agreement between the parties and no verbal
or written assurance or promise is effective or binding unless included in this document.
21. Governmental Discretion Unaffected. This Agreement is not intended to bind the
Local Government in the exercise of governmental discretion which is exercisable in accordance
with law only upon the giving of appropriate public notice and required public hearings.
22. Multiple Originals. This Agreement may be executed in any number of originals,
all of which evidence one agreement, and only one of which need be produced for any purpose.
23. Captions. The captions inserted in this Agreement are for the purpose of
convenience only and shall not be utilized to construe or interpret any provision of this
Agreement.
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In witness whereof, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
Charles Gauthier, AICP, Director
Division of Community Planning
Date
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Approved as to force and legality:
Lynette Norr
Assistant General Counsel
Date
COLLIER COUNTY
ATTEST:
DWIGHT E. BROCK, Clerk
Date
Approved as to form and legality:
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Steven T. Williams
Assistant County Attorney
3 �d
Date
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
Date
,BA..
FLORIDA WILDLIFE FEDERATION
By:
Approved as to form and legality:
Nancy Anne Payton Thomas Reese, Esquire
Date
COLLIER COUNTY AUDUBON SOCIETY
Bradley Cornell
Date
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Date
Approved as to form and legality:
Thomas Reese, Esquire
Date
BUCKLEY ENTERPRISES
By:
Date
HIDEOUT GOLF CLUB, LTD
By:
Date
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Approved as to form and legality:
Richard Yovanovich, Esquire
Date
Approved as to form and legality:
Richard Yovanovich, Esquire
Date
JOHN L. COWAN and JANE ANN COWAN, TRUSTEES
t
John L. Cowan
Date
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Approved as to form and legality:
Michael A. Durant, Esquire
Date
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EXHIBIT A
STATE OF FLORIDA
DEPARTMENT OF COIN4 MUNITY AFFAIRS
IN RE: COLLIER COLUNTY
COMPREHENSIVE PLAN AMENDMENT
07-1 ER AIWENDING FUTURE LAND USE ocket No. 07- ER- I`r'OI- 1101- (A) -(N)
ELEMENT yIAF AND TEXT, THE CAPITAL
II•rtPROVEMENTS ELEMENT.
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLATY AMENDMENTS
I+IOT_i1tT COI`viPLLA.NCE
The Florida Department of Community Affairs (Department), pursuant to Rule 9J-
1 1.012(6), Florida Administrative Corte, hereby issues this Statement of Intent to find the Collier
County Comprehensive Plan Future Land Use Map series relating to Section 24 in North Belle
Meade and the associated text amendments to the Future Land Use Element adopted by
Ordinance Number 07 -18, on January 25, 2007 not "'in compliance ", and also finds the Capital
Improvements Element, adopted by Ordinance Number 07 -07, on January 25, 2007, not "in
compliance" based upon the Objections, Recommendations and Comments Report issued by the
Department on July 28, 2406, which is hereby incorporated by reference. The Department finds
that the Amendments are not "in compliance" as defined in Section 163.3184(1)(b), Florida
Statutes, because they are not consistent with Chapter 163, fart II, Florida Statula, the State
Comprehensive Plan (Chapter 187, Florida Statutes), and Rule 9J -5, Florida Administrative
Code, for the following reasons:
I. CONSISTENCY WITH-CHAPTER 163 FLORIDA STATUTES r1 RULE 9J -5
FLORIi7A ADMTNIST&ATIVE CODE
A. CANCONSISTgNT PROVISIONS
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05/23/2007 12:00 8509222679 DCA GENERAL COUNSEL PAGE 06/12
1. Ordinance No. 07 -18; Future Land Use Element and May Series Amendment: The
inconsistent provisions of the Future band Use Element and Map series pertain to changes to
North Belle Meade Overlay as follows:
Natural Resource Protection: The Future Land Use Map as it pertains to Section 24,
and the teat changes on page 45 of the strike through and underline version of the plant as
it pertains to Section 24 are not in compliance because:
1. It is internally inconsistent with the provisions of 131A, on page 44 of the
strikethrough and underline version, pertaining to Red Cockaded Woodpeckers
(RCW) because the best available data indicate that Section 24 contains RCW habitat
and therefore should be designated as Sending Lands consistent with the definition of
Sending Lands in the County's comprehensive plan. According to the
Comprehensive plan Sending Lands "are those lands that have the highest degree of
environmental value and sensitivity and generally include significant wetlands,
uplands, and habitat for listed species ".
2, The Future Land Use Map as it pertains to the Section 24 is also inconsistent with
Mule 9J- 5.013(2)(b)4 which requires the County to conserve, appropriately use and
protect wildlife habitat. This is because the best available data indicate that RCW
habitat is present on Section 24 and as such the property should be designated as
Sending Lands.
3. Furthermore, these amendments are not "in compliance" because they fail to respond
appropriately to the best available data regarding environmental characteristics of
Section 24. Rule 9J- 5.005(2)(a) FAC, requires the comprehensive plan, as well as
plan amendments to be based upon relevant and appropriate data and analyses.
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(Chapter 163.3177(6)(a), (d), & (8)., Florida Statutes (F.S.); 91- 5.005(2) and (5), 9J-
5k06(3)(b)4., (3)(c)l., & 6.; 91- 5.013(2)(b)3., & 4., & (2)(c)5., 6., & 9., Florida
Administrative Code (FAQ).
2. Ordinance #. OM7,, Capital Improvements Element Changes: The inconsistent
provisions of the Amendment under this subject heading are as follows:
1. The Schedule of Capital Improvements covers four years instead of five years as
required. This is inconsistent with the requirement that local ;governments adopt and
maintain as part of their comprehensive plan a Five -Year Schedule of Capital
Improvements.
2. The funding sources for the identified improvements are not stated per year of
improvement, instead, it is stated for all the projects listed on the schedule for each type
of capital facility. For example, in the case of roads, revenues will come from gas tax,
impact fees, bond, carry f'orwa'rd, grants, developer contribution (i.e., Ave Maria), general
fund, and transfers. As a result, it is not possible to determine if the project is funded by
committed or planned sources in order to demonstrate the financial feasibility of the
schedule. State law requires that projects be funded with committed sources of funds for
years 1 through 3, and with committed and or planned sources in the 4`h and P years.
3. The projected revenues for each of the identified sources are not provided; as a result, it
is not passible to demonstrate and determine the financial feasibility of the schedule, i.e.,
to determine that the County will indeed generate the funds from those sources to pay for
the improvements.
(Chapter 163.3164(32), 163.3177(2) & (3)(a), 163.3177(6)(a), (c), (8), & (10)(e), F.S.,
and 91- 5.005(2)(a), (c), & (e), 93- 5.006(2)(x), 91- 5.01I(1)(b), (I)(t), (2)(b) 1. & 2., &
(2)(c)1., and 91- 5.016(1), (2), (3)(b)l, 3, 4, 5, (3)(c)6, & 8, and (4), and 9J- 5.019(4)(c)1.,
F.A.C]
May 23 2007 11:54 8A y
05/23/2007 12:00 8509222679 DCA GENERAL COUNSEL PAGE 08/12
i
13. Recommended remedial actions: The above inconsistencies may be remedied by taking the
following actions;
1. Ordinance No. 07- 14;_p`uture Lug Use Element and Man Series Amendment:
Revise the North Belle Meade Future Land Use Overlay Map to change the land use
designation for Section 24 from Neutral Lands to Sending Lands in order to be consistent
with the Sending Lands provisions of the flan, as well as with amended Section of the
plan pertaining to ]red- Cockaded. Woodpeckers (RCW), (page 44) of the revised Future
Land Use Element (strikethrough and underline version). At the same time, the Colony
should delete the additional requirements and limitations imposed on development in
Section 24 (page 45) of the revised Future Land Use Element (strikethrough and
underline version) and treat the Section 24 Sending Land the same way as other Sending
Lands in North Belle Meade.
2. Ordinance No. 07 -07; Capital Improvements Element Cbanses:
1. Revise the Five —Year Schedule of Capital improvements to cover five years as required.
2. Indicate the funding soumos for each improvement included on the schedule for every
year listed for that improvement. if the funds are coming from multiple sources, indicate
the percentage of the funds for that project that will come from each stated f4 ading
source. If project is to be funded by State, County, or private contributions, the
schedule should indicate that, and in addition show the percentage that will come from
each contributor. For private contributions, the agreement between the county and the
private contributor that guarantees the funds should be referenced in the schedule and
included as an attachment. For the first three years the funds must come from committed
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sources while for the remaining two years it could come from committed and or planned
funding sources. You could use abbreviations to denote the funding sources and provide,
as a footnote, the meanin , of each abbreviation.
3. Provide data and analysis projecting the revenues and expenditures of the County for
each of the sources that will be used to hind the capital improvements listed on the
schedule and covering the duration of the schedule. The projections should include a
brief historical perspective of the County's ability to raise money from each source and
based on that provide a projection of funds for the future. The analysis should show that
there are sufficient funds, after the expenditures are removed, to pay for the capital
improvements listed on the schedule.
II. CONSISTENCY WTTH TIDE $TATS COMPREHENSIVE PLAN
A. Inconsistent provisions. The Amendment is inconsistent with the State
Comprehensive Plan goals and policies set forth in Section 187.201, Florida Statutes, including
the following provisions:
1. Natixrsl Systems and Recreation Lands Goal (9)(a), Policy(b)l., 3., a., regarding the
protection of wildlife and wildlife habitats, with respect to Ordinance No. 07 -18; and
2. Land Use Goal (15)(a), Policy(b)2., regarding the development of a system of incentives
and disincentives which encourages a separation of urban and rural land uses while protecting,
among other things, wildlife habitats, with respect to Ordinance No. 07 -18; and
3. Public Facilities Goal (l 7)(a), Policies (b)6, & 9, regarding the provision of public
facilities, with respect to Ordinance No. 07 -07,
8. Recornmended remedial action. These inconsistencies maybe remedied by revising
the Amendment as described earlier in this statement of intent.
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C N C —U -$IONS
I . The Amendment is not consistent with the State Comprehensive Plan.
2. The Amendment is not consistent with Chapter 9J -5, Florida AdMinistrative Code.
3. The Amendment is not consistent with the requirements of Chapter 163, Part 1I, Florida
Statutes.
4. The Amendment is not "in compliance," as defined in Section 163.3184(1)(b) Florida
Statutes,
5. In order to bring the Comprehensive Plan amendment into compliance, the County may
complete the recommended remedial actions described above or adopt other remedial actions
that eliminate the inconsistencies.
sue_
Executed this day of May 2007, at Tallahassee, Florida.
Mike McDaniel, Chief,
Comprehensive Planning
Division of Community Planning
Department Of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 323 99-2 100
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EXHIBIT B
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS et al. v. COLLIER COUNTY et
al.
DOAH CASE NUMBER 07- 2317GM
DCA Docket Number 07- ER -NOI- 1101- (A) -(N)
This proposal will settle the issues cited in the Department's Statement of Intent to find
the Collier County Comprehensive Plan amendment adopted by Ordinance 07 -18 Not in
Compliance.
The terms below apply to Section 24, Township 49 South, Range 26 East, located in the
North Belle Meade Overlay of Collier County (Section 24).
Sending Lands non - residential uses as they exist at the time of the adoption of this
agreement, in Section II.B.1.C) of the Future Land Use Element of the
comprehensive plan, are allowed, except as otherwise provided in this Agreement
for certain properties. Some or all Neutral Lands non - residential uses are allowed
on certain properties as provided for later in this Agreement.
Residential uses are allowed. The development density shall be one (1)
residential dwelling unit per lot of record or legal non - conforming lot of record as
it exists on the date of adoption of this Agreement if no clustering takes place.
For any clustered development, the maximum density shall be one (1) residential
dwelling unit per five (5) acres, or 0.2 residential dwelling units per acre. The
minimum gross acreage for clustering a single residential development shall be 64
acres.
4. For any clustered development, the lot size shall not exceed an average of one
acre, exclusive of areas to be dedicated, conveyed or set aside for right -of -way
8 Po.
purposes. Depending on the recommendations of the Red - cockaded Woodpecker
(RCW) Habitat Management Plan required in paragraph 12 for clustered
development, the lot size may be required to be less.
5. Interim, private water and sewer facilities shall be allowed to serve clustered
developments until such time as County central water and sewer service becomes
available.
6. For any clustered development, a minimum of eighty percent (80 %) of the native
vegetation shall be preserved in a manner which is consistent with the
Conservation and Coastal Management Element, Policy 6.1.2e. -g., as it exists on
the date of the adoption of this agreement.
For any development that is not clustered, ninety percent (90 %) of the slash pine
trees shall be preserved, and a greater amount may be preserved at the discretion
of the property owner, unless the RCW Habitat Management Plan recommends a
lesser amount.
Any clustered residential development requires participation in a RCW Habitat
Management Plan and the requirements set forth in Paragraph 12 of this
Agreement. Any non - residential development consistent with Neutral Lands non-
residential uses, as authorized later in this Agreement for certain properties,
requires participation in a RCW Habitat Management Plan and the requirements
set forth in Paragraph 12 of this Agreement.
9. Specific additional development standards and use limitations /allowances for the
Hideout Parcels in Section 24:
2
1 8 V`
a. Hideout will be authorized to cluster and construct 37 residential dwelling
units on its parcels, in a single cluster, within the areas colored green on
the attached map of Section 24. These dwelling unit figures are based
upon total Hideout ownership in Section 24 (approximately 187 acres).
b. Clustered residential development by Hideout shall take place only in the
parcels colored green on the attached map, and shall be located in an area
of the property determined by the RCW Habitat Management Plan to be
most appropriate for development. For the location of the clustered
development, the RCW Habitat Management Plan shall consider areas
already developed and highly impacted, as well as areas contiguous to
areas in the southeast part of Section 24 that are already developed and
highly impacted.
c. No development shall take place on the two Hideout parcels adjacent to
the existing Hideout Golf Course (identified by striping pattern on the
attached map of Section 24).
d. All other cluster provisions and requirements for Neutral Lands shall be
applicable to the three green Hideout parcels (identified on the attached
map of Section 24) set aside for development purposes. These cluster
provisions and requirements are set out in the Rural Fringe
Comprehensive Plan Amendments adopted June 19, 2002, by Ordinance
number 2002 -32, and incorporated into the comprehensive plan, and
subsequently adopted into the Collier County Land Development Code,
Ordinance No. 04 -41, as amended.
3
I`8A
e. The three Hideout parcels colored green (identified on the attached map of
Section 24) are limited to residential uses and associated accessory uses,
essential services, and parks, open space, and recreational uses, as well as
necessary infrastructure to serve such development — all as provided for in
the Rural Fringe Mixed Use District Neutral Lands of the Future Land Use
Element in the Comprehensive Plan, and as stated in paragraph 121(4)(b)
of this Agreement.
f. For the three Hideout parcels colored green and the two striped Hideout
parcels (as depicted on the attached map of Section 24), which total
approximately 81 acres, the native vegetation requirement in accordance
with paragraph 6. of this agreement shall be approximately 65 acres.
g. Hideout's approximately 65 acres of native vegetation shall be conveyed
to Conservation Collier, a Home Owners Association, or other like entity,
for the purposes of conservation and preservation. The conveyance shall
be in the form of a conservation easement (CE), or other instrument
acceptable to the entity.
(1) The entity in whose favor the CE is granted shall be obligated to
implement and maintain the RCW Habitat Management Plan that
will be developed for this area in association with the Safe Harbor
Agreement as described below.
(2) Such entity shall provide financial assurances to Collier County, in
the form of a bond, letter of credit, or equivalent, of its ability to
4
8 A E"
implement and permanently maintain this RCW Habitat
Management Plan.
h. As set forth in paragraph 8., for any clustered residential development and
for any non - residential development, Hideout will participate in the
Habitat Management Plan and all other requirements of Paragraph 12 of
this Agreement.
i. For any future redevelopment of the seven Hideout parcels colored yellow
(identified on the attached map of Section 24) to change the use from golf
course, these parcels are allowed to develop with any of the non-
residential uses provided for in the Rural Fringe Mixed Use District
Neutral Lands of the Future Land Use Element in the Comprehensive
Plan, and are subject to all requirements and limitations of Neutral Lands.
10. Specific additional development standards and use limitations for the Cowan
parcels in Section 24:
a. In accordance with paragraph 2 of this Agreement, on Cowan's parcels
totaling 97.7 acres, Cowan is entitled to develop one (1) residential
dwelling unit on each of his six (6) lots of record as they exist on the date
of adoption of this settlement agreement if no clustering takes place.
b. For clustered development, in accordance with paragraph 3 of this
Agreement, the maximum density shall be one (1) residential dwelling
unit per five (5) acres, or 0.2 residential dwelling units per acre, not to
exceed 19 residential dwelling units on the Cowan property.
8A"A
If Cowan chooses clustered development, Cowan, or his assigns, will
participate in an RCW Habitat Management Plan and the requirements
outlined in Paragraph 12 of this Agreement, and shall expend a sum of
money to promptly implement the RCW Habitat Management Plan for
Cowan's parcels totaling 97.7 acres. This initial amount ( "Initial
Management Amount ") shall be no greater than $30,000.00. Once the
RCW Habitat Management Plan is implemented, Cowan, or his assigns,
agrees to fund the Initial Management Amount plus five percent (5 %) per
year, which shall accrue annually, as an inflation adjustment.
d. Up to two (2) clustered developments shall be permitted on Cowan's 97.7
acres. The cluster(s) shall be located in an area(s) of the property
determined by the best available data, including the RCW Habitat
Management Plan, to be most appropriate for development.
e. Development within the Cowan southernmost approximately_ 16 -acre
parcel (Lot 35, Naples Farm Sites, Inc., identified on the attached map of
Section 24, the "Lot 35 Parcel ") next to the existing Hideout Golf Course
(the seven parcels colored yellow on the attached map of Section 24) shall
consist of road access and up to three clustered dwelling units. These
dwelling units shall be part of the total number of clustered dwelling units
assigned to the Cowan property. Accordingly, if three dwelling units are
developed in the Lot 35 Parcel, then three dwelling units shall be
subtracted from the total number of dwelling units, and Cowan may
develop the remainder of units in a single cluster elsewhere on Section 24
G'1
1. 8A144
Cowan property as set forth above. The lot sizes of the Lot 35 Parcel
clustered dwelling units shall not exceed an average of one acre per lot,
exclusive of areas to be dedicated, conveyed or set aside for right -of -way
purposes.
f. If clustering occurs, all other cluster provisions and requirements for
Neutral Lands shall be applicable to the Cowan parcels set aside for
development purposes. These cluster provisions and requirements are set
out in the Rural Fringe Comprehensive Plan Amendments adopted June
19, 2002, by Ordinance number 2002 -32, and incorporated into the
comprehensive plan, and subsequently adopted into the Collier County
Land Development Code, Ordinance No. 04 -41, as amended.
g. The Cowan parcels are limited to residential uses and associated accessory
uses, essential services, and parks, open space, and recreational uses, as
well as necessary infrastructure to serve such development — all as
provided for in the Rural Fringe Mixed Use District Neutral Lands of the
Future Land Use Element in the Comprehensive Plan, and as stated in
paragraph 121(4)(b) of this Agreement.
h. If clustering occurs, Cowan's approximately 78 acres of native vegetation
shall be conveyed or granted by a conservation easement (CE) or deed (as
determined by Cowan or his assignee) to Conservation Collier, a Home
Owners Association, or other like entity, its successors and assigns, a non-
exclusive easement, license, and privilege to enter upon, maintain,
preserve and conserve such property and wildlife.
7
8A 1 '
(1) The entity in whose favor the CE is granted shall be obligated to
implement and maintain the RCW Habitat Management Plan that
will be developed for this area referenced in paragraph 10c above
and in association with the Safe Harbor Agreement as described
below.
(2) Such entity shall provide financial assurances to Collier County, in
the form of a bond, letter of credit, or equivalent, of its ability to
implement and permanently maintain this RCW Habitat
Management Plan.
i. As set forth in paragraph 8., for any clustered residential development and
for non - residential development, Cowan will participate in the Habitat
Management Plan and all other requirements of Paragraph 12 of this
Agreement.
11. Specific additional development standards and use allowances for the Buckley
parcels in Section 24:
a. In accordance with paragraph 2 of this Exhibit B, on Buckley's parcels
totaling approximately 81 acres, Buckley is entitled to develop one (1)
residential dwelling unit on each of his six (6) lots of record as they exist
on the date of adoption of this settlement agreement if no clustering takes
place.
b. For clustered development, in accordance with paragraph 3 of this Exhibit
B, the maximum density shall be one (1) residential dwelling unit per five
f
(5) acres, or 0.2 residential dwelling units per acre, not to exceed 16
residential dwelling units.
c. If Buckley chooses to cluster development, Buckley will participate in an
RCW Habitat Management Plan and the requirements set forth in
Paragraph 12 of this Agreement and agree to expend a sum of money to
promptly implement the RCW Habitat Management Plan. This amount
shall be $30,000.00 plus five (5) percent per year as an inflation
adjustment. Once the RCW Habitat Management Plan is implemented,
Buckley agrees to fully fund the ongoing maintenance costs.
d. Only one clustered development shall be allowed on Buckley's
approximately 81 acres, and that cluster shall be located in an area of the
property determined by the best available data, including the RCW Habitat
Management Plan, to be most appropriate for development. For the
location of the clustered development, the RCW Habitat Management Plan
shall consider areas already developed and highly impacted, as well as
areas contiguous to areas in the eastern portion of Section 24 that are
already developed and highly impacted.
e. If clustering occurs, all other cluster provisions and requirements for
Neutral Lands shall be applicable to the Buckley parcels set aside for
development purposes. These cluster criteria are set out in the Rural
Fringe Comprehensive Plan Amendments adopted June 19, 2002, by
Ordinance number 2002 -32, and incorporated into the comprehensive
8A
plan, and subsequently adopted into the Collier County Land Development
Code, Ordinance No. 04 -41, as amended.
f. If Buckley chooses to cluster residential development, the native
vegetation requirement in accordance with paragraph 5. of this agreement
is approximately 65 acres.
g. If Buckley chooses to cluster residential development, approximately 65
acres of native vegetation shall be conveyed to Conservation Collier, a
Home Owners Association, or other like entity, for the purposes of
conservation and preservation. The conveyance shall be in the form of a
conservation easement (CE), or other instrument acceptable to the entity.
(1) The entity in whose favor the CE is granted shall be obligated to
implement and maintain the RCW Habitat Management Plan that
will be developed for this area in association with the Safe Harbor
Agreement as described below.
(2) Such entity shall provide financial assurances to Collier County, in
the form of a bond, letter of credit, or equivalent, of its ability to
implement and permanently maintain this RCW Habitat
Management Plan.
h. Notwithstanding the provisions of paragraph l l .a. -g. above, the Buckley
parcels are not restricted to residential use, but rather are allowed to
develop with any of the uses provided for in the Rural Fringe Mixed Use
District Neutral Lands of the Future Land Use Element in the
Comprehensive Plan.
10
8A 4
i. The following conditions apply if Buckley chooses to develop any of the
non - residential uses provided for in the Rural Fringe Mixed Use District
Neutral Lands of the Future Land Use Element:
(1) Rural Fringe Mixed Use District Neutral Land uses, with the
exception of facilities for the collection, transfer, processing and
reduction of solid waste and the exception of earth mining, may be
developed if Buckley participates in a RCW Habitat Management
Plan and agrees to expend a sum of money to promptly implement
the associated RCW Habitat Management Plan. This amount shall
be $30,000.00 plus five (5) percent per year as an inflation
adjustment. Once the RCW Habitat Management Plan is
implemented, Buckley agrees to fully fund the ongoing
maintenance costs.
(2) Non - residential Rural Fringe Mixed Use District Neutral Land uses
shall be located in an area of the property determined by the best
available data, including the RCW Habitat Management Plan
studies, to be most appropriate for non - residential development.
(3) For Non - residential Rural Fringe Mixed Use District Neutral Land
uses in Section 24, native vegetation shall be preserved in a
manner which is consistent with the Habitat Management Plan and
the County's Conservation and Coastal Management Element,
Policy 6.1.2e. -g., as it exists on the date of the adoption of this
agreement.
11
12. Safe Harbor Agreement
L i 4
OT
a. Hideout (and Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) shall apply for and pursue a Safe
Harbor Agreement with associated RCW Habitat Management Plan with
the U.S. Fish and Wildlife Service for the approximately 81 acres (Cowan
97.7 acres and Buckley 81 acres) of land they own in Section 24 that are
described in paragraph 9.f.
b. If approved, the RCW Habitat Management Plan will require such
management techniques as the mechanical or manual thinning of trees and
understory, and the removal of combustible materials to levels which
would permit a "controlled burn" that would not destroy, but would
maintain, the presence of a sufficient amount of slash pine trees for RCW
foraging and cavity tree nests.
c. Hideout (and Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) agrees to pay all legal and
permitting fees related to their effort to obtain approval of the Safe Harbor
Agreement. Additionally, if successful in obtaining a Safe Harbor
Agreement, Hideout (and Cowan or Buckley at such time either Cowan or
Buckley chooses to cluster residential density) agrees to expend a sum of
money to promptly implement the associated RCW Habitat Management
Plan. This amount shall be $30,000.00 plus five (5) percent per year as an
inflation adjustment. Once the RCW Habitat Management Plan is
implemented, Hideout (and Cowan or Buckley at such time either Cowan
12
8 A 10
or Buckley chooses to cluster residential density) agrees to fully fund the
ongoing maintenance costs.
d. The Safe Harbor Agreement and associated RCW Habitat Management
Plan must provide that Hideout (and Cowan or Buckley at such time either
Cowan or Buckley chooses to cluster residential density) can develop 37
residential dwelling units (Cowan 19 units and Buckley 16 units) in the
areas colored green (Cowan blue, and Buckley uncolored) as set forth on
the attached map. The RCW Habitat Management Plan must also delineate
the maximum area that may be cleared, in accordance with the applicable
provisions of the Growth Management Plan, within the green areas
(Cowan blue, Buckley uncolored) set forth on the attached map. The Safe
Harbor Agreement must allow 20% of Hideout's approximately 81 acres
(approximately 16 acres) (Cowan 19.54 acres and Buckley approximately
16 acres) to be cleared when development occurs.
e. The County, Department of Community Affairs (DCA), Florida Wildlife
Federation (FWF), and Collier County Audubon Society (CCAS)
acknowledge that once the RCW Habitat Management Plan is
implemented, the County shall defer to the federal and state agencies as to
protection of other state and federal listed species that may be present on
the approximate 81 acres of land owned by Hideout (97.7 acres owned by
Cowan and approximately 81 acres owned by Buckley) and described in
paragraph 91. Hideout (and Cowan or Buckley at such time either Cowan
or Buckley chooses to cluster residential density) agrees to comply with
IF91
8A "
all federal and state listed species criteria for development within the areas
that will be allowed to be cleared pursuant to the Safe Harbor Agreement.
£ The County, DCA, FWF, and CCAS agree to not comment to any of the
state and federal permitting agencies during the permitting process for the
Hideout (and for Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) parcels so long as the following
takes place:
(1) The projects are clustered; and
(2) The Safe Harbor Agreement with associated RCW Habitat
Management Plan is approved and being implemented; and
(3) The referenced CE or fee simple title is granted to the appropriate
entity for management of the RCW habitat; and
(4) Permit applications are consistent with this Stipulated Settlement
Agreement and all provisions of the Collier County comprehensive
plan, except they are not subject to:
(a) the Conservation and Coastal Management Element, Objective
2.1 and subsequent policies; Goal 6 and subsequent objectives
and policies, excluding policies 6.1.2e. -g., 6.1.4, 6.1.5, and
6.1.7; and, Goal 7 and subsequent objectives and policies; and,
(b) the Future Land Use Element, Rural Fringe Mixed Use
District, Neutral Lands, paragraph 2.1 ; Clustering,
subparagraph d), minimum project size; Paragraph 3.
Allowable Uses, subparagraphs 3.a), d) through h), j) through
14
MOO
p), r) and s) [these excepted uses are prohibited]; paragraph 5.
Density Blending [this provision is not available for these
parcels].
g. The FWF and CCAS further agree to use their best efforts to persuade the
National Wildlife Federation and Audubon Society of Florida to refrain
from commenting to any state or federal permitting agencies during the
permitting process for the Hideout developments (and Cowan or Buckley
developments at such time either Cowan or Buckley chooses to cluster
residential density) so long as the following takes place:
(1) See Subparagraphs 12.f. (1) through (4) immediately above.
h. Should Hideout (and Cowan or Buckley at such time either Cowan or
Buckley chooses to cluster residential density) be unable to secure an
acceptable Safe Harbor Agreement with associated RCW Habitat
Management Plan, or should the cost of implementing the RCW Habitat
Management Plan exceed the sum of $30,000.00 plus the inflation factor
set forth herein and no additional funding can be obtained, then Hideout
(and Cowan or Buckley at such time either Cowan or Buckley chooses to
cluster residential density) shall be deemed to have satisfied their Safe
Harbor Agreement and associated RCW Management Plan obligations
pursuant to this Agreement with the contribution of $30,000.00 toward
management of the RCW habitat. In such an event, the remaining
provisions and requirements relating to density, clustering, preservation
and any other applicable development standards of this Stipulated
15
8A ,•
Settlement Agreement, and the Collier County GMP, except as excepted
in paragraph 12.£(4) of this Agreement, remain effective and applicable to
the Hideout (and Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) parcels in Section 24.
The Collier County Comprehensive Plan will be amended as necessary to recognize and
implement this Stipulated Settlement Agreement. This amendment will be initiated by
Collier County at Collier County's expense, except that public notice expenses will be
paid on a proportionate share basis by Collier County and the intervener property owners
entering into this agreement.
16
� 1
•
Acct. #068778
September 8, 2010
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Section 24 Settlement Agreement
Dear Legals:
Please advertise the above referenced notice on Wednesday, September 15, 2010
and kindly send the Affidavit of Publication, in triplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500112358
LOT
September 28, 2010 Board of County Commissioners Public Hearing
Advertising Requirements
Please publish the following Advertisement on Wednesday, September 15, 2010.
The advertisement musi:be a.rte column° wide line item ad. This advertisement must be
placed in that portion of the newspaper where legal notices and classified advertisements
appear.
Please reference the following on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
COMPREHENSIVE PLANNING SECTION
PURCHASE ORDER NUMBER: 4500112358
ACCOUNT NUMBER: 068778
NOTICE OF PUBLIC HEARING AND
NOTICE OF INTENT TO CONSIDER STIPULATED SETTLEMENT AGREEMENT
Notice is hereby given that the Collier County Board of County Commissioners will hold a Public
Meeting on Tuesday, September 28, 2010 in the Boardroom, Td Floor, W. Harmon Turner
Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida.
The meeting will commence at 9:00 A.M.
The purpose of the hearing is to consider executing a settlement agreement pertaining to DOAH
CASE NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI-1 101 -(A)-(N), between the
Florida Department of Community Affairs et al and Collier County, Florida et al.
The Agreement title is as follows:
SECTION 24 SETTLEMENT AGREEMENT, DOAH CASE
NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI- 1101 -(A)-
(N) BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS ET AL AND COLLIER COUNTY, FLORIDA ET AL, IN
RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS'
STATEMENT OF INTENT TO FIND THAT PORTION OF
COMPREHENSIVE PLAN AMENDMENT 07 -1ER PERTAINING
TO THE FUTURE LAND USE MAP DESIGNATION AND TEXT
PROVISIONS FOR SECTION 24, TOWNSHIP 49 SOUTH,
RANGE 26 EAST NOT IN COMPLIANCE, ISSUED ON MAY 1,
2007.
All interested parties are invited to appear and be heard. Copies of the proposed settlement
agreement are available for inspection at the Land Development Services Department,
Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours
of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these
documents should be directed to the Land Development Services Department, Growth
Management Division — Comprehensive Planning Section. (239- 252 - 2306). Written comments
filed with the Land Development Services Department, Comprehensive Planning Section prior
to Tuesday, September 28, 2010, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Board of County
Commissioners with respect to any matter considered at such meeting or hearing, he will need
a record of that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
If you are a person with a disability who needs an 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 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.
8A ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
m
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Wednesday, September 08, 2010 8:38 AM
To: Naples Daily News Legals
Subject: Section 24 Settlement Agreement
Attachments: Section 24 Memo 9 -28 -10 .doc; Sec 24 Settlement 9- 28- 10.doc; Sec 24 Settlement
9- 28- 10.doc
Good Morning,
Please advertise the attached on Wednesday, September 15, 2010.
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)
Ann P. Jennejohn
From: postmaster @collierclerk.com
Sent: Wednesday, September 08, 2010 8:38 AM
To: Ann P. Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT242118.txt; Section 24 Settlement Agreement
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
8 A ,'
Ann P. Jennejohn
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Wednesday, September 08, 2010 9:26 AM
To: Ann P. Jennejohn
Subject: RE: Section 24 Settlement Agreement
AM
Emely Pagdn
Gegallilept.
Naples Daify News
1100 Immokalee lead
Naples, AFL. 34110
Legal Line: 239- 213 -6061
Email: legalsOnaplesnews.com
From: Ann P. Jennejohn [ maiIto: Ann.Jennejohn @coilierclerk.com]
Sent: Wednesday, September 08, 2010 8:38 AM
To: Legals NDN
Subject: Section 24 Settlement Agreement
Good Morning,
Please advertise the attached on Wednesday, September 15, 2010.
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)
Please visit us on the web at www.collierelerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskc&collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the Coll ierClerk.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.
Ann P. Jennejohn
From:
Pagan, Emely [EPagan @Naplesnews.com]
Sent:
Wednesday, September 08, 2010 1:55 PM
To:
Ann P. Jennejohn
Subject:
Ad Confirmation
Attachments:
UAS2B34.jpg
ATTACHED please REVIEW notice & confirm 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.
PUB. Date SEPT. 15, 2010
•8A
Ann P. Jennejohn
From:
Pagan, Emely [EPagan @Naplesnews.com]
Sent:
Wednesday, September 08, 2010 1:55 PM
To:
Ann P. Jennejohn
Subject:
Ad Confirmation
Attachments:
UAS2B34 Jpg
ATTACHED please REVIEW notice & confirm 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.
PUB. Date SEPT. 15, 2010
Publication NDN
Ad Number 1868104
Total Ad Cost $259.38
Emely Pagan
213 -6061
NOTICE OF PUBLIC HEARING AND Q A NOTICE i>F TNTENT TC5 Ct}NSIRER STIPULATED SETTLEMENT AGf�EEMEhf v
Notice Is h ereb��iv�n that the olller County Board of county Cc�missionem III
Inc l.d a Rid ore eetirl j cart Tutlsday, 8. 201 ! in the 'Boardroom, Ird
Flog, W. Harmon Turner Buiidir ��I . F,), Collier, County, overriment Center
3301 E. Tannia ] Trail, Naples, Floriba. The meeting ill commence at r00 AJVI.
The purpose of the hearing is to consider executing a settlement agreement per-
tainin' to DO H CASE NUMBER 07- 2311+�M, DCA Docket Number 07 -EfR -i OI.1101
�A)- (N), between the Florida Department of Community ,affairs et al and Collier`
County, Florida yet al.
The Agreement title is as follows.
SECTION 24 SETTLEMENT AGREEMENT5. 1 AH CASE NIUMSE 0 -2 1'7iGrA, [ACA
Docket Number 07 -ER -fiJ l - -1 iai- (A) -( ) GETW.EEN THE FLOR DEPARTMENT CAF='
COMMUNITY, AFFAIRS ET AL AND COLLIER COUNTY; i- 613l'DA ET AL, IN RESI PONS E
TO THE DEPT► TMEI'�T F CO UNITY AFf IRS' STATEMENT OF 1I' TEI' TTO FIi'4JL
THAT PORTION OF COMPREHENSIVIE PLAN' AMENDMENT 07 -1 ER PERT i NIN TO
THE FUTURE LAND USE MAP DESIONATION AND TEXT PROVISIONS FOR SECTION
24, TOWNSHIP 49 SOUTH, RANGE 26 EAST NOT IN COMPLIANCE. ISSUED ON MAY
1, 200
All interested parties are invited to .;appear and be heard. Copies of the proposed
setcle,ment agreement are available for inspection at The Lard Development Sere
ices Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive,
Naple f Florida between the hours of 8 :00 A.M..and 5:60 P.M., Monday through Fri-
day. Any questions pertal4iing to these ►dcrcyments should be directed to the Land
Development Services Department, G -roWTh Management Division - Cornpre'hensive
Planning Section. (2'39-252-2306), Written comments filed with the Land bevelopr
went Services, Department, Comprehensive Planning Section prier t ► Tuesday, Sep -
tember 28,2010, will be read and rrinsld'ered at The public hearing,
if a person decides to appeal any decision made by the Collier County Board of
County Commissioners with respect to any matter considered at such itieeting Dr
hearing, he �w�iII need a record of that pr6cee+ding, and for such purpose he may
need to en5ur�e that a verbatim record of the proceedings N made, which record in-
cluders the testimony and evidence upon which the appeal is to be based.
if you are a person with La disability, who needs an accommodation in order tai par-
ticipate in the proceeding, you are entitled at no cost tea you, to the provision of
certain assistance. Please contact the Collier, C ounty_Facilities Management Depart-
Merit, located at 330`1 Tarniarni Trail East, Building W, Naples, Florida 34,112, 239
252 -8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT', FL0.14iDA
FRED W. C+ YLE,. H IRMAN,
D'wt'st[G HT E. B R C:.f , CLERK"
By. 1s/P'atricia :N or an
Deputy Clerk (SEAL)
September 1 S. 2:410 Not 8104
L a
Ann P. Jennejohn
From: Naples Daily News [naplesnews @clicknbuy.com]
Sent: Wednesday, September 15, 2010 12:36 AM
To: Ann P. Jennejohn
Subject: Thank you for placing your classified advertisement.
Ad # 1868104
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER STIPULATED
SETTLEMENT AGREEMENT Notice is hereby given that the Collier County Board of County
Commissioners will hold a Public Meeting on Tuesday, September 28, 2010 in the Boardroom, 3rd Floor, W.
Harmon Turner Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples,
Florida. The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider executing a
settlement agreement pertaining to DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07- ER -NOI-
1101(A) -(N), between the Florida Department of Community Affairs et al and Collier County, Florida et al. The
Agreement title is as follows: SECTION 24 SETTLEMENT AGREEMENT, DOAH CASE NUMBER 07-
2317GM, DCA Docket Number 07- ER -NOI- 1101- (A) -(N) BETWEEN THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS ET AL AND COLLIER COUNTY, FLORIDA ET AL, IN RESPONSE TO THE
DEPARTMENT OF COMMUNITY AFFAIRS' STATEMENT OF INTENT TO FIND THAT PORTION OF
COMPREHENSIVE PLAN AMENDMENT 07 -1ER PERTAINING TO THE FUTURE LAND USE MAP
DESIGNATION AND TEXT PROVISIONS FOR SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST
NOT IN COMPLIANCE, ISSUED ON MAY 1, 2007. All interested parties are invited to appear and be heard.
Copies of the proposed settlement agreement are available for inspection at the Land Development Services
Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of
8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be
directed to the Land Development Services Department, Growth Management Division Comprehensive
Planning Section. (239- 252- 2306). Written comments filed with the Land Development Services Department,
Comprehensive Planning Section prior to Tuesday, September 28, 2010, will be read and considered at the
public hearing. If a person decides to appeal any decision made by the Collier County Board of County
Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with
a disability who needs an 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 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 W. COYLE, CHAIRMAN DWIGHT
E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk (SEAL) September 15, 2010 No 1868104
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online
shoppers that visit our classified section every day. You can also choose to add shipping and delivery options
for the buyer.
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 1 time in the issue
on September 15, 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 affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publicat� the sai ewspaper.
( Signature of affiant)
Sworn to and subscribed before me
This 17`h day of September, 2010
�IQVi F &IC4D
(Signature of notary public)
z ;`lv KAROL E KANGAS
Notary Public - State of Florida
9l X3 My Comm. Expires Jul 29, 2013
'•;,; y ;; Commission # DO 912237
8A
NOTICE OF PUBLIC HEANNG ID
ATED M
NOTICE. OF INTENT TO CONSIDER ST1PlA ENT AGREEMENT
Notice is here y� that the Collier C Bo #id County Commissioners will
hold a Pubik M� "on Tuesday: +. 28, %10 in the Boardroom, 3rd
Moor, W. 'HBrmbn Turner Building (Bldg. F), Collier County Government Center,
3301 E. Tamiami Trail, Naples, Florida. The meeting will commence at 9:00 A.M.
The purpose of the hearing is to consider executing a settlement agreement per-
taining to DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07- ER- N01 -1101-
(A)4N), between the Florida Department of Community Affairs et al and Collier
County, Florida et at
The Agreement title is as follows:
SECTION 24 SETTLEMENT AGREEMENT, DOAIt CAE NUMBER 07- 2317GM, DCA
Docket Number 07-ER- NOI- 1101-(A}(N) BETWEEN THE fLO)11DA 'DEPARTMENT OF
COMMUNITY AFFAIRS ET AL AM COLLIER COtt#y�MtTy,� FLOM t7;,AL, IN RESPONSE
TO THE,DEPARTMENT'pp�� tOMKAUNITY AFFAIRS' STATEMENT OF INTENT TO FIND
THAT PORTION OF ;APREHEM" PLAN AMENDMENT 07 -IER PERTAINING TO
THE FUTURE LAND USE MAP. DESIGNATION AND TEXT PROVISIONS FOR SECTION
24, TOWNSHIP 49 SOUTH, RANGE 26 EAST 'NOT IN COMPLIANCE, ISSUED ON MAY
1, 2007.
All interested parties are invited to appear and be heard. Copies of the proposed
settlement agreement are available for inspection at the Land Development Serv-
ices Department, Comprehensive Planning Section, .2800 N. Horseshoe Drive,
Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Fri-
day. Any questions pertaining to these documents should be directed to the Land
Development Services Department, Growth Management Division - Comprehensive
Planning Section. (239 - 252- 2306). Written comments filed with the Land Develop-
ment Services Department Comprehensive Planning Section Prior to Tuesday, Sep-
tember 28, 2010, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the, CpOier County Board of
County Commissioners with reWect =to any matter, consi4v6d -.at such meeting or
hearing, he will need a record of that proceeding, and for such purpose he may
need to ensure that a verbatim record of the proceedings is made, which record in-
cludes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs an accommodation in order to par-
ticipate in the proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Maria ant Depart-
ment, located at 3301 Tamiami Trail East; Building W, Naples, Florida 34112, (239)
252 -8360. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA '
FRED,W COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Patricia Morgan
Deputy Clerk (SEAL)
a
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sienahire. draw a tine thmuoh m..r;.,., 1; ui .t.-,..." uA
- - - _ .. _....
Route to Addressee(s)
.... „ . ,....,.... Rte, --p— thr cnvu —st, and
Office
iorward to sue r uson
Initials
line N.5).
Date
List in routing order
a ro riate.
Initial)
A licable)
1. Judy Puig
GMD Planning &
Agenda Item Number
8A
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Regulation/Operations
9
3011c)
2.
resolutions, etc. signed by the County Attorney's Office and signature pages from
3.
contracts, agreements, etc. that have been fully executed by all parties except the BCC
4.
Chairman and Clerk to the Board and possibly State Officials.
5 Ian Mitchell, Supervisor, BCC Office
Board of County
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Commissioners
�
6. Minutes and Records
Clerk of Court's Office
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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 BCC has acted to approve the
item.)
Name of Primary Staff
David Weeks
Phone Number
252 -2306
Contact
a ro riate.
Initial)
A licable)
Agenda Date Item was
September 28, 2010
Agenda Item Number
8A
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Attached
Compliance Agreement
Number of Original
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRITC'TI(1NC & r~MVrul lrc•r
— F L ik,45,5 Ngvc cHAIX'14AI 51611 rkc NV 06114 -rV1-TX s)wmp P4,r
I: Forms/ County Forms/ BCC Forms/ Original D35;ry 'Routing Slip WWS 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
a ro riate.
Initial)
A licable)
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,
�GL�
resolutions, etc. signed by the County Attorney's Office and signature pages from
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
/V
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.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
J(,w
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the-'$CC office tthin 24 hours o CC approval.
Some documents are time sensitive a id require forwardmg o assee within a certain
/V
time frame or the BCC's actions -are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 9/28/2010 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
G✓
County Attorney's Office has reviewed the changes, if applicable.
— F L ik,45,5 Ngvc cHAIX'14AI 51611 rkc NV 06114 -rV1-TX s)wmp P4,r
I: Forms/ County Forms/ BCC Forms/ Original D35;ry 'Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
k A
MEMORANDUM
Date: October 7, 2010
To: David Weeks, GMP Manager
Land Development Services Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A Compliance Agreement between Florida's DCA
and the County, including Petitioners -in- Intervention
to set forth proposed Remedial Amendments to the
GMP regarding Section 24 in North Belle Meade
Attached for further processing, are eight (8) original copies of the document
referenced above (Agenda Item #8A) approved by the Board of County
Commissioners on Tuesday, September 28, 2010.
After the documents have been fully executed, we request an original is
returned to the Minutes and Record's Department so there is a complete
record for the Board of County Commissioners.
Thank you.
Attachments (8)
8A "'4
MEMORANDUM
Date: November 5, 2010
To: David Weeks, GMP Manager
Land Development Services Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement:
DOAH Case No. 07- 2317GM
Attached for your records is a certified copy of the agreement referenced
above (Item #8A) approved by the Board of County Commissioners on
Tuesday, September 28, 2010.
The Minutes and Records Department will hold the original for the Board's
Official Record.
Thank you.
Attachment
8A `1
STATE OF FLORIDA ._
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS, ;
Petitioners,
and
FLORIDA WILDLIFE FEDERATION
and COLLIER COUNTY AUDUBON
SOCIETY
Petitioners -in- Intervention
V.
COLLIER COUNTY
Respondent
and
BUCKLEY ENTERPRISES, HIDEOUT
GOLF CLUB, LTD, JOHN L. COWAN
and JANE ANN COWAN, TRUSTEES,
Respondents -in- Intervention.
INSTR 4491141 OR 4619 PG 1652
RECORDED 11/1/2010 2:40 PM PAGES 35
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $299.00
DOAH Case No. 07- 2317GM
SECOND PARTIAL STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the
State of Florida, Department of Community Affairs; Petitioners -in- Intervention Florida Wildlife
Federation and Collier County Audubon Society; Respondent Collier County; Respondents -in-
Intervention Buckley Enterprises, Hideout Golf Club, LTD, and John L. Cowan and Jane Ann
Cowan, Trustees, as a complete and final settlement of all claims related to Ordinance No. 07 -18
raised in the above - styled proceeding.
�8A
RECITALS
WHEREAS, the State of Florida, Department of Community Affairs (DCA or
Department), is the state land planning agency and has the authority to administer and enforce
the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter
163, Part II, Florida Statutes; and
WHEREAS, Collier County (Local Government) is a local government with the duty to
adopt comprehensive plan amendments that are "in compliance;" and
WHEREAS, the Local Government adopted Comprehensive Plan Amendment 07 -IER
(Plan Amendment) by Ordinance Nos. 07 -18 on January 25, 2007; and
WHEREAS, the Plan Amendment proposes changes to the Future Land Use Map and the
Future Land Use Element as it pertains to Section 24; and
WHEREAS, the Department issued its Statement of Intent on May 1, 2007, and
published its Notice of Intent regarding the Amendment on May 2, 2007; and
WHEREAS, as set forth in the Statement of Intent, the Department contends that the
Amendment is not "in compliance" for failure to protect certain natural resources; and
WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the
above - styled formal administrative proceeding challenging the Amendment; and
WHEREAS, the Florida Wildlife Federation and the Collier County Audubon Society
were granted petitioners -in- intervention status on June 4, 2007; and
WHEREAS, Buckley Enterprises, Hideout Golf Club, Ltd, and John L. Cowan and Jane
Ann Cowan, Trustees were granted respondents -in- intervention status on July 24, 2007; and
WHEREAS, the Local Government and the respondents -in- intervention dispute the
allegations of the Statement of Intent regarding the Amendment; and
WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy
litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their
respective mutual best interests to do so;
2of12
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the
receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree
as follows:
GENERAL PROVISIONS
1. Definitions. As used in this agreement, the following words and phrases shall
have the following meanings:
a. Act: The Local Government Comprehensive Planning and Land
Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes.
b. Agreement: This stipulated settlement agreement.
C. Comprehensive Plan Amendment or Plan Amendment: Comprehensive
plan amendment 07 -1 ER adopted by the Local Government on January 25, 2007, as Ordinance
No. 07 -18.
d. DOAH: The Florida Division of Administrative Hearings.
e. In compliance or into compliance: The meaning set forth in Section
163.3184(1)(b), Florida Statutes.
f. Notice: The notice of intent issued by the Department to which was
attached its statement of intent to find the plan amendment not in compliance.
g. Petition: The petition for administrative hearing and relief filed by the
Department in this case.
h. Remedial Action: A remedial plan amendment, submission of support
document or other action described in the statement of intent or this agreement as an action
which must be completed to bring the plan amendment into compliance.
i. Remedial Plan Amendment: An amendment to the plan or support
document, the need for which is identified in this agreement, including its exhibits, and which
the local government must adopt to complete all remedial actions. Remedial plan amendments
adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with
3of12
8A""M'
and substantially similar in concept and content to the ones identified in this Agreement or be
otherwise acceptable to the Department.
j. Statement of Intent: The statement of intent to find the Plan Amendment
not in compliance issued by the Department in this case.
k. Support Document: The studies, inventory maps, surveys, data,
inventories, listings or analyses used to develop and support the Plan Amendment or Remedial
Plan Amendment.
2. Department Powers. The Department is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the Plan
Amendment is in compliance.
3. Negotiation of Agreement. The Department issued its Notice and Statement of
Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that
effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the
issues in the Petition, Notice and Statement of Intent through this Agreement. It is the intent of
this Agreement to resolve fully all issues between the parties in this proceeding.
4. Dismissal. If the Local Government completes the Remedial Actions required by
this Agreement, the Department will issue a cumulative Notice of Intent addressing both the
Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The
Department will file the cumulative Notice of Intent with the DOAH. The Department will also
file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for
realignment of the parties, as appropriate under Section 163.3184(16)(f), Florida Statutes.
5. Description of Provisions not in Compliance and Remedial Actions; Legal Effect
of Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies
the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance.
Exhibits A and B are incorporated in this Agreement by this reference. This Agreement
constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will
be in compliance.
4of12
8A
6 Remedial Actions to be Considered for Adoption. The Local Government agrees
to consider for adoption by formal action of its governing body all Remedial Actions described
in Exhibit B no later than the time period provided for in this Agreement.
7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after
execution of this Agreement by the parties, the Local Government shall consider for adoption all
Remedial Actions or Plan Amendments and amendments to the Support Documents. This may
be done at a single adoption hearing. Within 10 working days after adoption of the Remedial
Plan Amendment, the Local Government shall transmit 3 copies of the amendment to the
Department as provided in Rule 9J- 11.0131(3), Florida Administrative Code. The Local
Government also shall submit one copy to the regional planning agency and to any other unit of
local or state government that has filed a written request with the governing body for a copy of
the Remedial Plan Amendment and a copy to any party granted intervenor status in this
proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a
letter which describes the remedial action adopted for each part of the plan amended, including
references to specific portions and pages.
8. Acknowledgment. All parties to this Agreement acknowledge that the "based
upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan
Amendment.
9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days
after receipt of the adopted Remedial Plan Amendments and Support Documents, the
Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the
adopted amendments in accordance with this Agreement.
a. In Compliance: If the adopted Remedial Actions satisfy this Agreement,
the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment
and the Remedial Plan Amendment as being in compliance. The Department shall file this
cumulative notice with DOAH and shall move to realign the parties or to have this proceeding
dismissed, as may be appropriate.
5of12
Tr
l
b. Not in Compliance: If the Remedial Actions do not satisfy this
Agreement, the Department shall issue a Notice of Intent to find the Plan Amendment not in
compliance and shall forward the notice to DOAH for consolidation with the pending
proceeding.
10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be
counted toward the frequency restrictions imposed upon plan amendments pursuant to Section
163.3187(1), Florida Statutes.
11. Purpose of this Agreement: Not Establishing Precedent. The parties enter into
this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the Plan Amendment. The acceptance of proposals for
purposes of this Agreement is part of a negotiated agreement affecting many factual and legal
issues and is not an endorsement of, and does not establish precedent for, the use of these
proposals in any other circumstances or by any other local government.
12. Approval by Governing Body. This Agreement has been approved by the Local
Government's governing body at a public hearing advertised at least 10 days prior to the hearing
in a newspaper of general circulation in the manner prescribed for advertisements in Section
163.3184(16)(c), Florida Statutes. This Agreement has been executed by the appropriate officer
as provided in the Local Government's charter or other regulations.
13. Changes in Law. Nothing in this Agreement shall be construed to relieve either
party from adhering to the law, and in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or regulation shall take precedence and
shall be deemed incorporated in this Agreement by reference.
14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect
the rights of any person not a party to this Agreement. This Agreement is not intended to benefit
any third party.
6of12
•
15. Attorney Fees and Costs. Each party shall bear its own costs, including attorney
fees, incurred in connection with the above - captioned case and this Agreement.
16. Effective Date. This Agreement shall become effective immediately upon
execution by the Department and the Local Government.
17. Filing and Continuance. This Agreement shall be filed with DOAH by the
Department after execution by the parties. Upon the filing of this Agreement, the administrative
proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with
Section 163.3184(16)(b), Florida Statutes.
18. Retention of Right to Final Hearing. Both parties hereby retain the right to have a
final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this
Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to
have this matter set for hearing if it becomes apparent that any other party whose action is
required by this Agreement is not proceeding in good faith to take that action.
19. Construction of Agreement. All parties to this Agreement are deemed to have
participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the
parties agree that such ambiguity shall be construed without regard to which of the parties
drafted the provision in question.
20. Entire Agreement. This is the entire agreement between the parties and no verbal
or written assurance or promise is effective or binding unless included in this document.
21. Governmental Discretion Unaffected. This Agreement is not intended to bind the
Local Government in the exercise of governmental discretion which is exercisable in accordance
with law only upon the giving of appropriate public notice and required public hearings.
22. Multiple Originals. This Agreement may be executed in any number of originals,
all of which evidence one agreement, and only one of which need be produced for any purpose.
23. Captions. The captions inserted in this Agreement are for the purpose of
convenience only and shall not be utilized to construe or interpret any provision of this
Agreement.
7 of 12
�I
In witness whereof, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
By: 0.Q 4 � A-k--L -rte
Charles Gauthier, AICP, Director
Division of Community Planning
Ico IWIto
Date
8of12
as to form and legality:
Assistant General Counsel
Date
XI
COLLIER COUNTY
ATTEST:
DWIGHT E. BROCK, Clerk
r
Approved as to form and legality:
Steven T. Williams
Assistant County Attorney
� I
Date
9 of 12
X4101
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, C
q 12,,Yllp
Date
e I
FLORIDA WILDLIFE FEDERATION
By: j_'_1 -�2
Nancy e ne Payton
Ori Zo Zo/ D
Date
COLLIER COUNTY AUDUBON SOCIETY
By: 2-'I� e���w
Bradley Comell
'9 /-"'//c
Date
10 of 12
Approved as to form and legality:
Thomas Reese, Esquire
Z3 /0
Date
Approved as to form and legality:
Y yC a--ktac, e
Thomas Reese, Esquire
Date
8A 'r
BUCKLEY ENTERPRISES
By:
30—/0
Date
HIDEOUT GOLF CLUB, LTD
By:
�'o
Date
11 of 12
Approv,A as to form and legality:
A�
Richard Yovanovic , Esquire
"Q )I Ilo
Date
Approved s to form and legality:
Richard Yovanovich, Esquire
101011)
Date
8A '1
JOHN L. COWAN and JANE ANN COWAN, TRUSTEES
By:
John L. Cowan
/C' -) /0
Date
12 of 12
Approved as to form and legality:
t-C4 .
Michael A. Durant, Esquire
1 to
Date
8A
' '8A
May 23 2007 11:53
05/23/2007 12:00 8509222679 DCA GEN RAL COUNSEL PAGE 05/12
EXHIBIT A
STATE OF FLORIDA
DEPARTMENT OF COMML NITY AFFAIRS
IN RE: COLLIER COUNTY
COMPREHENSIVE PLAN AMENDMENT
D7 -1 ER AMENDING FUTURE LAND USE ket No. Q7- ER- ;V'OI -1 10 1 -(A)-(N)
ELEMENT NIAP AND TEXT, THE CAPITAL
WWROVEMENTS ELEMENT.
S_ TAATEMENT GF WENT TO FIND
COHERE ENSTVE PLAN Akin- _N4ENTS
NOT IN Cd LLANCE
The Florida DepaErttnent of Community AffWrs (Department), pursuant to Rule 91-
11.012(6), Florida Administrative Code, hereby issues this Statement of intent to find the Collier
County Comprehensive Plan Future Land Use Map series relating to Section 24 in North Belle
Meade and the associated text amendments to the Future Land Use Element adopted by
Ordinance Number 07 -18, on January 25, 2007 not "in compliance ", and also finds the Capital
Improvements Element, adopted by Ordinance Number 07 -07, on January 25, 2007, not "in
compliance" based upon the Objections, Recommendations and Comments Report issued by the
Department on July 28, 2006, which is hereby incorporated by reference. The Department finds
that the Amendments are not "in compliance" as defined in Section I63.3184(1)(b), Florida
Statutes, because they are not consistent with Chapter 163, Part II, Florida Statutes, the State
Comprehensive Plan (Chapter 187, Florida Statutes), and Rule 9J -5, Florida A&Whistrative
Code. for the following reasons:
I• CQUISISIENCY WITH CHAPTER 163 FLORIDA TATUTES AND RULE 9J -5
FLORIDA AD&1 I3TRA11VE CODE
A- II ffCON_SIST1ENT PROVISiotIs
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1. Ordinance Yo. 07 -18: Future Land Use Element and Mau Series Amendment: The
inconsistent provisions of the Future Land Use Element and Map series pertain to changes to
North Belle Meade Overlay as follows:
Natural Resource Protection: The Future Land Use Map as it pertains to Section 24,
and the text changes on page 45 of the strike through and underline version of the plats as
it pertains to Section 24 are not in compliance because:
1. It is internally inconsistent with the provisions of 31A, on page 44 of the
strikethrough and underline version, pertaining to Red Cockaded Woodperkers
(RCW) because the best available data indicate that Section 24 contains RCW habitat
and therefore should be designated as Sending Lands consistent with the definition of
Sending Lands in the County's comprehensive plan. According to the
Comprehensive plan Sending Lands "are those lands that have the highest degree of
environmental value and sensitivity and generally include significant wetlands,
uplands, and habitat for listed species".
2. The Future Land Use Map as it pertains to the Section 24 is also inconsistent with
Rule 9J- 5.013(2)(b)4 which requires the County to conserve, appropriately use and
protect wildlife habitat This is because the best available data indicate that RCW
habitat is present on Section 24 and as such the property should be designated as
Sending Lands.
3. Furthermore, these amendments are not "in compliance" because they fail to respond
appropriately to the best available data regarding environmental characteristics of
Section 24. Rule 91- 5.005(2)(a) FAC, requires the comprehensive plan, as well as
plan amendments to be based upon relevant and appropriate data and analyses.
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(Chapter 163.3177(6)(a), (d), & (8)., Florida Statutes (F.S.); 91- 5.005(2) and (5), 9J-
5.006(3)(b)4., (3)(c)l ., & 6.; 9J- 5.013(2)(b)3., & 4., & (2)(c)5., 6., & 9., Florida
Administrative Code (FAQ).
2. Ordinance #: 07,07: Capital Improvements Element Chances: The inconsistent
provisions ofthe Amendment under this subject heading are as follows:
1. The Schedule of Capital Improvements covers four years instead of fire years as
required. This is inconsistent with the requirement that local governments adopt and
maintain as part of their comprehensive plan a Five -Year Schedule of Capital
Improvements.
2. The funding sources for the identified improvements are not stated per year of
improvement. Instead, it is stated for all the projects listed on the schedule for each type
of capital facility. For example, in the case of roads, revenues will come from gas tax,
impact fees. bond, carry forward, grants, developer contribution (i.e., Ave Maria), general
fund, and transfers. As a result, it is not possible to determine if the project is funded by
committed or planned sources in order to demonstrate the financial feasibility of the
schedule. State law requires that projects be funded with committed sources of #funds for
years 1 through 3, and with committed and or planned sources in the Vh and 5`h years -
3. The projected revenues for each of the identified sources are not provided; as a result, it
is not possible to demonstrate and determine the financial feasibility of the schedule, i.e.,
to determine that the County will indeed generate the Funds from those sources to pay for
the improvements.
(Chapter 163.3164(32), 163.3177(2) & (3)(a), 163.3177(6xa), (c), (8), & (10)(e), t'.S.,
and 9J- 5.005(2)(a), (c), & (e), 9J- 5.006(2 )(a), 9J- 5.011(1)(b), (1)(0, (2)(b) 1. & 2., &
(2)(c)l., and W- 5.016(t), (2), (3)(b)l, 3, 4, 5, (3)(c)6, & 8, and (4), and 9J- 5.019(4)(c)l.,
F -A -C]
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B. Recommended remedial actions: The above inconsistencies may be remedied by taking the
following actions:
t. Ordinance Yo. 47 -1$: Future Land Use Element and llaa Series Amendment:
Revise the North Belle Meade Future Land Use Overlay Map to change the land use
designation for Section 24 from Neutral Lands to Sending Lands in order to be consistent
with the Sending Lands provisions of the Flan, as well as with amended Section of the
plan pertaining to Red - Cockaded Woodpeckers (RCW), (page 44) of the revised Future
Land Use Element ( strikethrough and underline version). At the same time, the County
should delete the additional requirements and limitations imposed on development in
Section 24 (page 45) of the revised Future Land Use Element (strikethrough and
underline version) and treat the Section 24 Sending Land the same way as other Sending
Lands in North Belle Meade.
Z. Ordinance No. 0707: Capital Improvements Element Cbanzes:
1. Revise the Five —Year Schedule of Capital Improvements to cover five years as required.
2. Indicate the funding sources for each improvement included on the schedule for every
year listed for that improvement. If the funds are coming from multiple sources, indicate
the percentage of the funds for that project that will come from each stated funding
source. If project is to be funded by State, County, or private contributions, the
schedule should indicate that, and in addition show the percentage that will come from
each contributor. For private contributions, the agreement between the county and the
private contributor that guarantees the fitnds should be referenced in the schedule and
included as an attachment. For the first three years the funds must come from committed
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sources while for the remaining two years it could come from committed and or planned
funding sources. You could use abbreviations to denote the funding sources and provide,
as a footnote, the meaning of each abbreviation.
3. Provide data and analysis projecting the revenues and expenditures of the County for
each of the sources that will be used to fund the capital improvements listed on the
schedule and covering the duration of the schedule. The projections should include a
brief historical perspective of the County's ability to raise money from each source and
based on that provide a projection of funds for the future. The analysis should show that
there are sufficient funds, after the expenditures are removed, to pay for the capital
improvements listed on the schedule.
II. C—ON ISTWU WITH THE STATE COMPREHENSIVE PLAN
A. Inconsistent provisions. The Amendment is inconsistent with the State
Comprehensive Plan goals and policies set forth in Section 187.201, Florida Statutes, including
the following provisions:
1. Natursl Systems and Recreation Lands Goal (9)(a), Policy(b)L, 3., 4., regarding the
protection of wildlife and wildlife habitats, with respect to Ordinance No. 07 -18; and
2. Land Use Goal (i SXa), Policy(b)2., regarding the development of a system of incentives
and disincentives which encourages a separation of urban and rural land uses while protecting,
among other things, wildlife habitats, with respect to Ordinance No. 07 -18; and
3. Public Facilities Goal (I 7)(a), Policies (b)6, & 9, regarding the provision of public
facilities, with respect to Ordinance No. 07 -07.
B. Recommended remedial action. These inconsistencies may be remedied by revising
the Amendment as described earlier in this statement of intent.
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C L'SIm
I. The Amendment is not consistent with the State Comprehensive plan.
2. The Amendment is not consistent with Chapter 9J -5, Florida Administrative Code.
3. The Amendment is nat consistent with the requirements of Chapter 163, Part 1I, Florida
Statutes.
4. The Amendment is not "in compliance," as defined in Section 163.31 g4(1)(b) Florida
Statutes.
5. In order to bring the Comprehensive Plan amendment into compliance, the County may
complete the recommended remedial actions described above or adopt other remedial actions
that eliminate the inconsistencies.
Executed this day of May 2007, at Tallahassee, Florida.
a.
Mike McDanieI, Chief,
Comprehensive Planning
Di,-ision of Community Planning
Department of Community Affairs
2555 Shuraard Dak Boulevard
Tallahassee, Florida 323 99-2 100
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EXHIBIT B
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS et al. v. COLLIER COUNTY et
al.
DOAH CASE NUMBER 07- 2317GM
DCA Docket Number 07- ER -NOI- 1101- (A) -(N)
This proposal will settle the issues cited in the Department's Statement of Intent to find
the Collier County Comprehensive Plan amendment adopted by Ordinance 07 -18 Not in
Compliance.
The terms below apply to Section 24, Township 49 South, Range 26 East, located in the
North Belle Meade Overlay of Collier County (Section 24).
1. Sending Lands non - residential uses as they exist at the time of the adoption of this
agreement, in Section II.B.1.C) of the Future Land Use Element of the
comprehensive plan, are allowed, except as otherwise provided in this Agreement
for certain properties. Some or all Neutral Lands non - residential uses are allowed
on certain properties as provided for later in this Agreement.
2. Residential uses are allowed. The development density shall be one (1)
residential dwelling unit per lot of record or legal non - conforming lot of record as
it exists on the date of adoption of this Agreement if no clustering takes place.
3. For any clustered development, the maximum density shall be one (1) residential
dwelling unit per five (5) acres, or 0.2 residential dwelling units per acre. The
minimum gross acreage for clustering a single residential development shall be 64
acres.
4. For any clustered development, the lot size shall not exceed an average of one
acre, exclusive of areas to be dedicated, conveyed or set aside for right -of -way
purposes. Depending on the recommendations of the Red - cockaded Woodpecker
(RCW) Habitat Management Plan required in paragraph 12 for clustered
development, the lot size may be required to be less.
5. Interim, private water and sewer facilities shall be allowed to serve clustered
developments until such time as County central water and sewer service becomes
available.
6. For any clustered development, a minimum of eighty percent (80 %) of the native
vegetation shall be preserved in a manner which is consistent with the
Conservation and Coastal Management Element, Policy 6.1.2e. -g., as it exists on
the date of the adoption of this agreement.
7. For any development that is not clustered, ninety percent (90 %) of the slash pine
trees shall be preserved, and a greater amount may be preserved at the discretion
of the property owner, unless the RCW Habitat Management Plan recommends a
lesser amount.
8. Any clustered residential development requires participation in a RCW Habitat
Management Plan and the requirements set forth in Paragraph 12 of this
Agreement. Any non - residential development consistent with Neutral Lands non-
residential uses, as authorized later in this Agreement for certain properties,
requires participation in a RCW Habitat Management Plan and the requirements
set forth in Paragraph 12 of this Agreement.
9. Specific additional development standards and use limitations /allowances for the
Hideout Parcels in Section 24:
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a. Hideout will be authorized to cluster and construct 37 residential dwelling
units on its parcels, in a single cluster, within the areas colored green on
the attached map of Section 24. These dwelling unit figures are based
upon total Hideout ownership in Section 24 (approximately 187 acres).
b. Clustered residential development by Hideout shall take place only in the
parcels colored green on the attached map, and shall be located in an area
of the property determined by the RCW Habitat Management Plan to be
most appropriate for development. For the location of the clustered
development, the RCW Habitat Management Plan shall consider areas
already developed and highly impacted, as well as areas contiguous to
areas in the southeast part of Section 24 that are already developed and
highly impacted.
c. No development shall take place on the two Hideout parcels adjacent to
the existing Hideout Golf Course (identified by striping pattern on the
attached map of Section 24).
d. All other cluster provisions and requirements for Neutral Lands shall be
applicable to the three green Hideout parcels (identified on the attached
map of Section 24) set aside for development purposes. These cluster
provisions and requirements are set out in the Rural Fringe
Comprehensive Plan Amendments adopted June 19, 2002, by Ordinance
number 2002 -32, and incorporated into the comprehensive plan, and
subsequently adopted into the Collier County Land Development Code,
Ordinance No. 04 -41, as amended.
T416A,
e. The three Hideout parcels colored green (identified on the attached map of
Section 24) are limited to residential uses and associated accessory uses,
essential services, and parks, open space, and recreational uses, as well as
necessary infrastructure to serve such development — all as provided for in
the Rural Fringe Mixed Use District Neutral Lands of the Future Land Use
Element in the Comprehensive Plan, and as stated in paragraph 121(4)(b)
of this Agreement.
f. For the three Hideout parcels colored green and the two striped Hideout
parcels (as depicted on the attached map of Section 24), which total
approximately 81 acres, the native vegetation requirement in accordance
with paragraph 6. of this agreement shall be approximately 65 acres.
g. Hideout's approximately 65 acres of native vegetation shall be conveyed
to Conservation Collier, a Home Owners Association, or other like entity,
for the purposes of conservation and preservation. The conveyance shall
be in the form of a conservation easement (CE), or other instrument
acceptable to the entity.
(1) The entity in whose favor the CE is granted shall be obligated to
implement and maintain the RCW Habitat Management Plan that
will be developed for this area in association with the Safe Harbor
Agreement as described below.
(2) Such entity shall provide financial assurances to Collier County, in
the form of a bond, letter of credit, or equivalent, of its ability to
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implement and permanently maintain this RCW Habitat
Management Plan.
h. As set forth in paragraph 8., for any clustered residential development and
for any non - residential development, Hideout will participate in the
Habitat Management Plan and all other requirements of Paragraph 12 of
this Agreement.
i. For any future redevelopment of the seven Hideout parcels colored yellow
(identified on the attached map of Section 24) to change the use from golf
course, these parcels are allowed to develop with any of the non-
residential uses provided for in the Rural Fringe Mixed Use District
Neutral Lands of the Future Land Use Element in the Comprehensive
Plan, and are subject to all requirements and limitations of Neutral Lands.
10. Specific additional development standards and use limitations for the Cowan
parcels in Section 24:
a. In accordance with paragraph 2 of this Agreement, on Cowan's parcels
totaling 97.7 acres, Cowan is entitled to develop one (1) residential
dwelling unit on each of his six (6) lots of record as they exist on the date
of adoption of this settlement agreement if no clustering takes place.
b. For clustered development, in accordance with paragraph 3 of this
Agreement, the maximum density shall be one (1) residential dwelling
unit per five (5) acres, or 0.2 residential dwelling units per acre, not to
exceed 19 residential dwelling units on the Cowan property.
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c. If Cowan chooses clustered development, Cowan, or his assigns, will
participate in an RCW Habitat Management Plan and the requirements
outlined in Paragraph 12 of this Agreement, and shall expend a sum of
money to promptly implement the RCW Habitat Management Plan for
Cowan's parcels totaling 97.7 acres. This initial amount ( "Initial
Management Amount ") shall be no greater than $30,000.00. Once the
RCW Habitat Management Plan is implemented, Cowan, or his assigns,
agrees to fund the Initial Management Amount plus five percent (5 %) per
year, which shall accrue annually, as an inflation adjustment.
d. Up to two (2) clustered developments shall be permitted on Cowan's 97.7
acres. The cluster(s) shall be located in an area(s) of the property
determined by the best available data, including the RCW Habitat
Management Plan, to be most appropriate for development.
e. Development within the Cowan southernmost approximately_ 16 -acre
parcel (Lot 35, Naples Farm Sites, Inc., identified on the attached map of
Section 24, the "Lot 35 Parcel ") next to the existing Hideout Golf Course
(the seven parcels colored yellow on the attached map of Section 24) shall
consist of road access and up to three clustered dwelling units. These
dwelling units shall be part of the total number of clustered dwelling units
assigned to the Cowan property. Accordingly, if three dwelling units are
developed in the Lot 35 Parcel, then three dwelling units shall be
subtracted from the total number of dwelling units, and Cowan may
develop the remainder of units in a single cluster elsewhere on Section 24
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Cowan property as set forth above. The lot sizes of the Lot 35 Parcel
clustered dwelling units shall not exceed an average of one acre per lot,
exclusive of areas to be dedicated, conveyed or set aside for right -of -way
purposes.
f. If clustering occurs, all other cluster provisions and requirements for
Neutral Lands shall be applicable to the Cowan parcels set aside for
development purposes. These cluster provisions and requirements are set
out in the Rural Fringe Comprehensive Plan Amendments adopted June
19, 2002, by Ordinance number 2002 -32, and incorporated into the
comprehensive plan, and subsequently adopted into the Collier County
Land Development Code, Ordinance No. 04 -41, as amended.
g. The Cowan parcels are limited to residential uses and associated accessory
uses, essential services, and parks, open space, and recreational uses, as
well as necessary infrastructure to serve such development — all as
provided for in the Rural Fringe Mixed Use District Neutral Lands of the
Future Land Use Element in the Comprehensive Plan, and as stated in
paragraph 121.(4)(b) of this Agreement.
h. If clustering occurs, Cowan's approximately 78 acres of native vegetation
shall be conveyed or granted by a conservation easement (CE) or deed (as
determined by Cowan or his assignee) to Conservation Collier, a Home
Owners Association, or other like entity, its successors and assigns, a non-
exclusive easement, license, and privilege to enter upon, maintain,
preserve and conserve such property and wildlife.
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(1) The entity in whose favor the CE is granted shall be obligated to
implement and maintain the RCW Habitat Management Plan that
will be developed for this area referenced in paragraph l Oc above
and in association with the Safe Harbor Agreement as described
below.
(2) Such entity shall provide financial assurances to Collier County, in
the form of a bond, letter of credit, or equivalent, of its ability to
implement and permanently maintain this RCW Habitat
Management Plan.
i. As set forth in paragraph 8., for any clustered residential development and
for non - residential development, Cowan will participate in the Habitat
Management Plan and all other requirements of Paragraph 12 of this
Agreement.
11. Specific additional development standards and use allowances for the Buckley
parcels in Section 24:
a. In accordance with paragraph 2 of this Exhibit B, on Buckley's parcels
totaling approximately 81 acres, Buckley is entitled to develop one (1)
residential dwelling unit on each of his six (6) lots of record as they exist
on the date of adoption of this settlement agreement if no clustering takes
place.
b. For clustered development, in accordance with paragraph 3 of this Exhibit
B, the maximum density shall be one (1) residential dwelling unit per five
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(5) acres, or 0.2 residential dwelling units per acre, not to exceed 16
residential dwelling units.
c. If Buckley chooses to cluster development, Buckley will participate in an
RCW Habitat Management Plan and the requirements set forth in
Paragraph 12 of this Agreement and agree to expend a sum of money to
promptly implement the RCW Habitat Management Plan. This amount
shall be $30,000.00 plus five (5) percent per year as an inflation
adjustment. Once the RCW Habitat Management Plan is implemented,
Buckley agrees to fully fund the ongoing maintenance costs.
d. Only one clustered development shall be allowed on Buckley's
approximately 81 acres, and that cluster shall be located in an area of the
property determined by the best available data, including the RCW Habitat
Management Plan, to be most appropriate for development. For the
location of the clustered development, the RCW Habitat Management Plan
shall consider areas already developed and highly impacted, as well as
areas contiguous to areas in the eastern portion of Section 24 that are
already developed and highly impacted.
e. If clustering occurs, all other cluster provisions and requirements for
Neutral Lands shall be applicable to the Buckley parcels set aside for
development purposes. These cluster criteria are set out in the Rural
Fringe Comprehensive Plan Amendments adopted June 19, 2002, by
Ordinance number 2002 -32, and incorporated into the comprehensive
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plan, and subsequently adopted into the Collier County Land Development
Code, Ordinance No. 04 -41, as amended.
f. If Buckley chooses to cluster residential development, the native
vegetation requirement in accordance with paragraph 5. of this agreement
is approximately 65 acres.
g. If Buckley chooses to cluster residential development, approximately 65
acres of native vegetation shall be conveyed to Conservation Collier, a
Home Owners Association, or other like entity, for the purposes of
conservation and preservation. The conveyance shall be in the form of a
conservation easement (CE), or other instrument acceptable to the entity.
(1) The entity in whose favor the CE is granted shall be obligated to
implement and maintain the RCW Habitat Management Plan that
will be developed for this area in association with the Safe Harbor
Agreement as described below.
(2) Such entity shall provide financial assurances to Collier County, in
the form of a bond, letter of credit, or equivalent, of its ability to
implement and permanently maintain this RCW Habitat
Management Plan.
h. Notwithstanding the provisions of paragraph l l .a. -g. above, the Buckley
parcels are not restricted to residential use, but rather are allowed to
develop with any of the uses provided for in the Rural Fringe Mixed Use
District Neutral Lands of the Future Land Use Element in the
Comprehensive Plan.
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i. The following conditions apply if Buckley chooses to develop any of the
non - residential uses provided for in the Rural Fringe Mixed Use District
Neutral Lands of the Future Land Use Element:
(1) Rural Fringe Mixed Use District Neutral Land uses, with the
exception of facilities for the collection, transfer, processing and
reduction of solid waste and the exception of earth mining, may be
developed if Buckley participates in a RCW Habitat Management
Plan and agrees to expend a sum of money to promptly implement
the associated RCW Habitat Management Plan. This amount shall
be $30,000.00 plus five (5) percent per year as an inflation
adjustment. Once the RCW Habitat Management Plan is
implemented, Buckley agrees to fully fund the ongoing
maintenance costs.
(2) Non - residential Rural Fringe Mixed Use District Neutral Land uses
shall be located in an area of the property determined by the best
available data, including the RCW Habitat Management Plan
studies, to be most appropriate for non - residential development.
(3) For Non - residential Rural Fringe Mixed Use District Neutral Land
uses in Section 24, native vegetation shall be preserved in a
manner which is consistent with the Habitat Management Plan and
the County's Conservation and Coastal Management Element,
Policy 6.1.2e. -g., as it exists on the date of the adoption of this
agreement.
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12. Safe Harbor Agreement
a. Hideout (and Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) shall apply for and pursue a Safe
Harbor Agreement with associated RCW Habitat Management Plan with
the U.S. Fish and Wildlife Service for the approximately 81 acres (Cowan
97.7 acres and Buckley 81 acres) of land they own in Section 24 that are
described in paragraph 9.f.
b. If approved, the RCW Habitat Management Plan will require such
management techniques as the mechanical or manual thinning of trees and
understory, and the removal of combustible materials to levels which
would permit a "controlled burn" that would not destroy, but would
maintain, the presence of a sufficient amount of slash pine trees for RCW
foraging and cavity tree nests.
c. Hideout (and Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) agrees to pay all legal and
permitting fees related to their effort to obtain approval of the Safe Harbor
Agreement. Additionally, if successful in obtaining a Safe Harbor
Agreement, Hideout (and Cowan or Buckley at such time either Cowan or
Buckley chooses to cluster residential density) agrees to expend a sum of
money to promptly implement the associated RCW Habitat Management
Plan. This amount shall be $30,000.00 plus five (5) percent per year as an
inflation adjustment. Once the RCW Habitat Management Plan is
implemented, Hideout (and Cowan or Buckley at such time either Cowan
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or Buckley chooses to cluster residential density) agrees to fully fund the
ongoing maintenance costs.
d. The Safe Harbor Agreement and associated RCW Habitat Management
Plan must provide that Hideout (and Cowan or Buckley at such time either
Cowan or Buckley chooses to cluster residential density) can develop 37
residential dwelling units (Cowan 19 units and Buckley 16 units) in the
areas colored green (Cowan blue, and Buckley uncolored) as set forth on
the attached map. The RCW Habitat Management Plan must also delineate
the maximum area that may be cleared, in accordance with the applicable
provisions of the Growth Management Plan, within the green areas
(Cowan blue, Buckley uncolored) set forth on the attached map. The Safe
Harbor Agreement must allow 20% of Hideout's approximately 81 acres
(approximately 16 acres) (Cowan 19.54 acres and Buckley approximately
16 acres) to be cleared when development occurs.
e. The County, Department of Community Affairs (DCA), Florida Wildlife
Federation (FWF), and Collier County Audubon Society (CCAS)
acknowledge that once the RCW Habitat Management Plan is
implemented, the County shall defer to the federal and state agencies as to
protection of other state and federal listed species that may be present on
the approximate 81 acres of land owned by Hideout (97.7 acres owned by
Cowan and approximately 81 acres owned by Buckley) and described in
paragraph 9.f. Hideout (and Cowan or Buckley at such time either Cowan
or Buckley chooses to cluster residential density) agrees to comply with
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all federal and state listed species criteria for development within the areas
that will be allowed to be cleared pursuant to the Safe Harbor Agreement.
f. The County, DCA, FWF, and CCAS agree to not comment to any of the
state and federal permitting agencies during the permitting process for the
Hideout (and for Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) parcels so long as the following
takes place:
(1) The projects are clustered; and
(2) The Safe Harbor Agreement with associated RCW Habitat
Management Plan is approved and being implemented; and
(3) The referenced CE or fee simple title is granted to the appropriate
entity for management of the RCW habitat; and
(4) Permit applications are consistent with this Stipulated Settlement
Agreement and all provisions of the Collier County comprehensive
plan, except they are not subject to:
(a) the Conservation and Coastal Management Element, Objective
2.1 and subsequent policies; Goal 6 and subsequent objectives
and policies, excluding policies 6.1.2e. -g., 6.1.4, 6.1.5, and
6.1.7; and, Goal 7 and subsequent objectives and policies; and,
(b) the Future Land Use Element, Rural Fringe Mixed Use
District, Neutral Lands, paragraph 2.. ; Clustering,
subparagraph d), minimum project size; Paragraph 3.
Allowable Uses, subparagraphs 3.a), d) through h), j) through
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p), r) and s) [these excepted uses are prohibited]; paragraph 5.
Density Blending [this provision is not available for these
parcels].
g. The FWF and CCAS further agree to use their best efforts to persuade the
National Wildlife Federation and Audubon Society of Florida to refrain
from commenting to any state or federal permitting agencies during the
permitting process for the Hideout developments (and Cowan or Buckley
developments at such time either Cowan or Buckley chooses to cluster
residential density) so long as the following takes place:
(1) See Subparagraphs 12.f. (1) through (4) immediately above.
h. Should Hideout (and Cowan or Buckley at such time either Cowan or
Buckley chooses to cluster residential density) be unable to secure an
acceptable Safe Harbor Agreement with associated RCW Habitat
Management Plan, or should the cost of implementing the RCW Habitat
Management Plan exceed the sum of $30,000.00 plus the inflation factor
set forth herein and no additional funding can be obtained, then Hideout
(and Cowan or Buckley at such time either Cowan or Buckley chooses to
cluster residential density) shall be deemed to have satisfied their Safe
Harbor Agreement and associated RCW Management Plan obligations
pursuant to this Agreement with the contribution of $30,000.00 toward
management of the RCW habitat. In such an event, the remaining
provisions and requirements relating to density, clustering, preservation
and any other applicable development standards of this Stipulated
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Settlement Agreement, and the Collier County GMP, except as excepted
in paragraph 12.f.(4) of this Agreement, remain effective and applicable to
the Hideout (and Cowan or Buckley at such time either Cowan or Buckley
chooses to cluster residential density) parcels in Section 24.
The Collier County Comprehensive Plan will be amended as necessary to recognize and
implement this Stipulated Settlement Agreement. This amendment will be initiated by
Collier County at Collier County's expense, except that public notice expenses will be
paid on a proportionate share basis by Collier County and the intervener property owners
entering into this agreement.
16
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NAPLES FARM SITES, INC.
SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST
PREPARED BY: GIS /CAD MAPPING SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
DATE: 6/2010 FILE: NFS- 244926.DWG
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PREPARED BY: GIS /CAD MAPPING SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
DATE: 6/2010 FILE: NFS- 244926.DWG
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
(J
Petitioners,
and
FLORIDA WILDLIFE FEDERATION
and COLLIER COUNTY AUDUBON
SOCIETY
Petitioners -in- Intervention
V.
DOAH Case No. 07- 2317GM
COLLIER COUNTY
Respondent
and
BUCKLEY ENTERPRISES, HIDEOUT
GOLF CLUB, LTD, JOHN L. COWAN
and JANE ANN COWAN, TRUSTEES,
Respondents -in- Intervention.
STATUS REPORT NOTICE OF FILING COMPLIANCE AGREEMENT,
AND REQUEST FOR STAY OF PROCEEDINGS
Petitioner Department of Community Affairs, pursuant to the
Order Continuing Case in Abeyance entered July 26, 2010, and
Section 163.3184(16)(b), Florida Statutes, hereby submits this
Status Report, Notice of Filing Compliance Agreement, and
Request for Stay of Proceedings.
P 8 A
Status Report
1. A settlement has been reached regarding the remaining
issues in this case.
Notice of Filing Compliance Agreement
2. Petitioner Department, Respondent Collier County
(County), and Intervenors Florida Wildlife Federation, Collier
County Audubon Society, Buckley Enterprises, Hideout Golf Club,
Ltd., and John L. Cowan and Jane Ann Cowan, Trustees, have,
pursuant to Section 163.3184(16), Florida Statutes, entered into
a Stipulated Settlement Agreement (Agreement) regarding all the
remaining disputed issues in this proceeding. The Department
hereby gives notice of filing a true and correct copy of the
Agreement, which is attached hereto as Exhibit A.
Request for Stay of Proceedings
3. The Agreement is being filed pursuant to Section
163.3184(16)(b), Florida Statutes, which provides as follows:
Upon filing by the state land planning
agency of a compliance agreement executed by
the agency and the local government with the
Division of Administrative Hearings, any
administrative proceeding under ss. 120.569
and 120.57 regarding the plan or plan
amendment covered by the compliance
agreement shall be stayed.
4. The Department respectfully requests this proceeding
be stayed pursuant to this statutory provision.
2
I
"8p•,n
5. The Agreement provides that a remedial amendment will
be adopted by the County within 60 days. Section 164.3184(8),
Florida Statutes provides the Department 30 days to review the
remedial amendment and publish its cumulative Notice of Intent,
and affected persons 21 days to challenge the finding of the
Notice of Intent.
WHEREFORE, the Department respectfully requests that this
Notice be accepted; that this Request be granted; that this
matter be stayed; and that such other relief be granted
consistent with this Notice and Request as is just and fair.
Respectfully submitted on this 18th day of October, 2010.
Florida Bar No. 0010717
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(850) 488 -0410 Phone
(850) 922 -2679 Fax
Ke
r8A"^q
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing was furnished to each of the persons listed below by
U.S. Mail on this 18th day of
Thomas W. Reese, Esquire
2951 61st Avenue South
St. Petersburg, FL 33712
TWReeseEsq@aol.com
Steven T. Williams, Esquire
Office of the County Attorney
Harmon Turner Bldg, 8th Floor
3301 East Tamiami Trail
Naples, FL 34112
StevenWilliams @colliergov.net
Richard D. Yovanovich, Esquire
Goodlette, Coleman & Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
ryovanovich @cyklawfirm.com
Michael A. Durant, Esquire
Conroy, Conroy & Durant, P.A.
2210 Vanderbuilt Beach Road, Suite 1201
Naples, FL 34109
mdurant @ccdlegal.com
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