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Backup Documents 11/10/2009 Item # 8B 80 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PU8LIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) ......................................................***~*.**..............*.....***.**.**..* Originating Deptl Div: CDES.lZonin2 Person: Kay Deselem, AICP '-l:.I Date: 101" /09' Petition No. (lfnone, give brief description): PUDA-PL2009-11 0, Winding Cypress Petitioner: (Name & Address): Ms. Anita Jenkins. Wilsonmiller.lnc. 3200 Bailey Lane, Naples, FL 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Divosta Homes, LP, c/o Chris Hasty, 9240 Eslero Park Commons Blvd, Estero, FL 33928 Hearing before BCe BZA Other Requested Hearing date November 10. 2009 Based on advertisement appearing 15 davs before hearing. Ncwspaper(s) to be used: (Complete only if important): XXX Naples Daily News . Other Legally Required Proposed Text: (Include legal description & common location & Size: PUDA-PL2009~IIO: DiVosta Homes, LP, represented by Chris Hasty of Pulte Homes, Inc. and Margaret Perry. AYCP of WilsonMiller, Inc., is requesting an amendment to the Winding Cypress PUD, adopted in Ordinance No. 02-35 and amended in Ordinance No. 02-48, to alter the side yard setback between structures on Tract A as depicted on the PUD Master Plan but maintain a minimum of 10 feet between structures. The subject site is located in the southeast corner of Collier Boulevard (CR-951) and Sahal Palm Road in Sections 26,34,35, Township 50 South, Range 26 East and Sections 2 and), Township 51 South, Range 26 East. Collier County, Florida. Companion pctition(s), if any & proposed hearing date: Does Petition Fee include advertising cost'? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: lq/o~/o 7 Date List Attachments: DISTRIBUTION INSTRUCTIONS _For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved. be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ............*.*****..*.***.**..**..***..**.******.*****.*.*....*.*.**.****......*...**.*.......**. FOR CLERK'S OFFICE SE ONLY: Date Received: (D Ir' DateofPUbliChearing:~ Date Advertised: lo(aS-IOcr r 88 ORDINANCE NO, 09-_~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 02.35, AS AMENDED 6V ORDINANCE NO, 02-48, BY AMENDING SECTION 3, TABLE I SIDE YARD SETBACKS FOR TRACT A; BY ADDING EXHIBIT C, MAP SHOWING AMENDMENT AREA; I:JV ADDING EXHIBIT D, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD SETBACK DETAIL IN TRACT A; AND PROVIDING AN EFFE:CTIVE DATE, WHEREAS, on June 25, 2002, the Board of County Commissioners adopt~ Ordinance No, 02- 35, the Winding Cypress Planned Unit Development, in accordance with the Planned Unit Development document attached thereto (the "PUD Documenr); and WHEREAS, on October 8, 2002, the Boerd of County Commlsslone'. adopted Ordinance No, 02- 48, to oorrect Scrivener's Errors io the Winding Cypress Plannad Unit Dovelopment; and WHEREAS, Chris Hasty of Puile Homas, Inc, and Margaret Parry of WilsonMiller, Ino.. representing DIVosta Homes, L,P.. petitioned tha Board of County Commisslonars to amend Ordinance No. 02-48, the Winding Cypress Planned Unit Development, end the PUD Document. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMiSSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO TABLE I OF SECTION 3 OF ORDINANCE NO. 02-48, THE WINDING CYPRESS PUD Table I of Section 3 or the PUD Documenl is hereby amended to read as follows: TABLE I WINDING CYPRESS DEVELOPMENT STANDARDS FOR URU RESIDENTIAL AREAS - TRACT A SINGL~ PAno & rvvo SINGLE FAMILY MULTI- FAMILY ZERO lOT FAMilY & ATTACHED & FAMILY DETACHED LINE D_UPLEX TOWN HOME Minimum S1lB Are. 2 800 SF 2 SOO SF 3.500 SF 2?MSF 12000 SF Minimum 35' 35' 35' 20' SllBWldlh 100' Minimum -, Site Denth 65' 65' 100' 40' 90' Fronl Yard Setback 15,"1 15' '1 10"1 15"4 15"4 (pnnClp~~~nd AcCOMO Rear Yard Sfrtback 10' 10' 10' IPrinclcall 10' 20' ~~d. Yald Setback 5' ~ 5' 5' Princinal'- '2 7,5' ~d. Yar~~tbaCk , Accasso ~ "2 5' ., S' 5'" 5' ~..r Y.~7.tback 5' 5' 0' 5'" Accoaso 10' Maximum Height' 35' 35' 35' 50' 50' Distance Between N1A N1A NIA princinal StructurEI'll 10' 15' Minimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF Words &tr~ are deleted; words undftrlil"lsd aro addlilld, Revised #3 August 20, 2009 PUDA.PL2009~ 11 D. Winding Cypress PCD Pagel 013 Gonoral Noto.: For any lot or parcel, which is sorvsd by both e stroot and en elley, tho Jot line adjacent to 1M elley shall be treated.. · rear lot Ine, and the satbaok shall be measured from the edge of pavement. Tha olley easement shaU be a minimum of 20' wide, with 10' pavement Common archllecturnl foaMO' euch !!l archways, aroors, and courtyard entry features shall be exempt fmm the minimum yard requirements listed above. Minimum 101 areas for any unIt type may be exceeded. Tho unit type, and not the minimum lot area, ehall define the development standards to be applied by the Customer Servlcus Department during an application for a building permit. For all patio or zero lot line units. a conceptual exhibit showing typical building configuration shall be submitted to Customer 8eMceS Dcpartment with the eppllcatlon for the first building permit The conceptual eXhibit may be modified" needed. All dlstanGe8 ars in feet unless otherwtee noted. With approval from the Developer. front yards. shall be mooSlRd as follows: A- If the parcel is served by a publIC right-of-way, setback is measured from the adjacent r1ght..of-way line. Sidewalks shaU be located in the rlght-of-way. B. 11 the parcells served by a PINata road, setbacK i~ mBiilsumd from the back of curb (If curbed) or edge of pavement (If not curbed). '1 This setback shall be reduced to 10' for side entry garages. front porches. and combination front porchlfront enby garages. '2 The slda comer setback sh..1 be the same as the required front principai structure setback. '3 Height shall be measured from the first habitable finished floor elevation of the un~, '4 Setback 10 be measured from edge of pavement or back of curb, whichever is applicable, of road that SeMIS the un~, .5 Side yard setback shall be either 0' on one side and 10' on the other, or 3'-1 on one side and 6'.11" on the other. ~cture8 to be constructed wltttin the hatched area of Tract A es deoicted on tho. attached Ex.hibit C. side vard setback shal be either 0' on one side and 10' on the other. or a mlntmtlm of 3'. ,. as lone as the total distance between structures is a minimum of 10 f961 , '6 Accessory Pool Enc;losurelscreen lanai setback may be reduced to 0' when attached to privacy wall, '7 Accessory Pool Enclosure/screen lanai setback from Lake Maintenance Easement may be reduced to O' provided architectural bank treatment is incorporated. '6 A Pallo Home 19 a detached 0( semi-detached unit for a .Inglefamilywith one (11 dwelling unil from ground to roof wherein each dwelling unit lot Is enclosed by a wall located at lI1e lot line, thus creating a private yard bQtwe6~ the house end the wall SECTION TWO: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE NO. 02.35, TO ADD EXHIBIT C, MAP SHOWING AMENDMENT AREA Exhibit C, Map Showing Amendment Area Is hereby added to the PUD document and attached hereto and incorporated by reference herein. SECTION THREE: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT. OF ORDINANCE NO, 02.35, TO ADD EXHIBIT 0, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD SETBACK DETAIL IN TRACT A Exhibit D, Typical Patio or Zero Lot Line Home Side Yard Setback Oatallln Tract A Map Is heraby added to the PUO document and attached hereto and incorporated by reference herein. Words 61J:U~k tl:lrQugh f:lf'8 deleted; words underlined are added. Revised #3 Augusl20, 2009 PUDA-Pl2009,llO. Winding Cypress pun Peg. 2 of 3 I B SECTION FOUR: EFFECTIVE DATE This Ordinance shell become effective upon filing with the Department of State, PASSED AND DULY ADOPTEO by super-majority vote by the Board 01 County Commissioners of Collier County, Florida, this _ day of ,2009, ATTEST: DWIGHT E, SROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Depuly Clerk DONNA FIALA, Chairman Approved 88 to lorm and Legal suffiolency: )"~\~l\ Heidi Ashton-Cicko Il~, Section Chief, Land USefTransportallon ExhlbU C: Map showing emendmenl ar... Exhibit D: TyPical Patio 0' Zero Lot Line Home Side Yard Setbaok Detail in Tracl A CPlO9-<:PS-00956\12 Words &&RJ(;lt I~FQl:li'" are deleted; WQrds underlined are addod. Revill" #3 AugUI1 20. 2009 PUDA.PL2009,IIO, Winding Cypress PUD Pogo 3 of 3 88 , ~ I ~ 1;1 III 0;1'1 3ill 8111 III WINDING CYPRESS TRACT A PUD AMENDMENT EXHIBIT" C" AUGUST 2009 )( NG NOSO!> ~!:l~. ,t/I s\ -AfiCl\JDM[N-' \, 0 4 -pud ommel11:! 08~09 . . wg r-~ ~~_n____uu ~~__n... .__.nU..__ n~~_n___~: i I I i ! co >- a i -' I ";..-:' : i l__:~ ~___. ___~t__. ~__. _~_~__~___~_~__... ......__.._j !. f,uU 'mU..u,m ......m,m" ". u' u m.'1 i:J~ !, -- i < >- i g t~ 1 , ~ 01', j ~ -,.... I I "'T .~~.....~..n__ ___..~._____~__~J a,._ , ~~~,~, ~~~~~~.- 'i ; ~ i' " I! Ii ffi Ii ~ [i : , 15 ,[ ~ ./ / ! r! ~! 'Z-:i :F~,! J'1! b ~~ i~ " ~~ ~ ~* ; "'8 p !> ~ I I ! I !i P d I i I 1,1 II H lh i I jl j ~ I '. I! ! , . ! i I 8e Acct. #068779 October 16, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 RE: PUDA-PL2009-110, Winding Cypress Dear Legals: Please advertise the above referenced petition on Sunday, October 25, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 t 8D NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 10, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 02-35, AS AMENDED BY ORDINANCE NO, 02-48, BY AMENDING SECTION 3, TABLE 1 SIDE YARD SETBACKS FOR TRACT A; BY ADDING EXHIBIT C, MAP SHOWING AMENDMENT AREA; BY ADDING EXHIBIT D, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD SETBACK DETAIL IN TRACT A; AND PROVIDING AN EFFECTIVE DATE. PETITION: PUDA-PL2009-110, DiVosta Homes, LP, represented by Chris Hasty of Pulte Homes, Inc., and Margaret Perry, AICP of WilsonMiller, Inc., is requesting an amendment to the Winding Cypress PUD, adopted in Ordinance No. 02-35 and amended in Ordinance No. 02-48, to alter the side yard setback between structures on Tract A as depicted on the PUD Master Plan but maintain a minimum of 10 feet between structures. The subject site is located in the southeast corner of Collier Boulevard (CR-951) and Sabal Palm Road in Sections 26, 34, 35, Township 50 South, Range 26 East, and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida. A copy of the proposed Ordinance is on Board and is available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 88 Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts 'j~nbLofe()llier '-"""'1_ \ \, CLERK OF THE GlRCUIT COURT COLLIER COUNTYCOURYHOUSE 3301 TAMIAMI '$AIL EAST P.O. BOX 41.3044 . NAPLES, FLORIDA141 0 1-3044 b..:." : ~-! l;'., , 88 Clerk of Courts Accountant Auditor Custodian of County Funds October 16, 2009 Divosta Homes, LP c/o Chris Hasty 9240 Estero Park Commons Blvd. Estero, FL 33928 RE: PUDA-PL2009-110, Winding Cypress Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 10,2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 25, 2009, You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Sc ere sa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colIierclerk.com Fax (239) 252-2755 Email: colIierclerk@colIierclerk.com Dwight E. Brock Clerk of Courts i~e~}L:ofeqllier CLERK OF THE CslRCtJIT COURT COLLIER COUNTY f::OURrflOUSE 3301 TAMIAMI l'~IL EAST PO, BOX 413044 NAPLES, FLORIDA 14101-3044 ,1~- ! i:.r,:; 188 Clerk of Courts Accountant Auditor Custodian of County Funds i~r r! October 16, 2009 Ms. Anita Jenkins Wilsonmiller, Inc. 3200 Bailey Lane Naples, FL 34105 RE: PUDA-PL2009-110, Winding Cypress Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 10, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 25, 2009, You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~ eresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Teresa L Polaski 8.B. To; Subject; legals@naplesnews,com PUDA-PL2009-110, Winding Cypress Lega Is, Please advertise the following on Sunday, October 25, 2009, Thanks ~ Wl1 ~ PUDA-PL2009,110 PUDA,PL2009,110 .doc .dot Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierclerk,com) 1 Teresa L. Polaski 88 From: Sent: To: Subject: Attachments: postmaster@collierclerk,com Friday, October 16, 2009 9:05 AM Teresa L, Polaski Delivery Status Notification (Relay) ATT32404,txt; PUDA-PL2009,110, Winding Cypress 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 1 Teresa L. Polaski 88 From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews,com] Friday, October 16, 2009 9:23 AM Teresa L. Polaski RE: PUDA,PL2009-110, Winding Cypress OK From: Teresa L. Polaski [mailto:Teresa.Polaski@collierderk,com] Posted At: Friday, October 16, 2009 9:05 AM Posted To: Legals - NDN Conversation: PUDA,PL2009-110, Winding Cypress Subject: PUDA,PL2009-110, Winding Cypress Legals, Please advertise the following on Sunday, October 25, 2009, Thanks <<PUDA-PL2009-110,doc>> <<PUDA-PL2009-110,dot>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa, Po las ki@collierclerk.com) 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. 1 Teresa L. Polaski 88 From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews,com] Friday, October 16, 20094:05 PM Teresa L. Polaski Ad Confirmation UAS61 F,jpg ATTACHED please review your notice. Thank you for Date Publication Ad Number Total Ad Cost Emely placing your ad. 1e/16/e9 NDN 1821756 $3e7.82 1 NOTICE Of INTENT TO CONSIDER ORDI, NANCE Now:e Is hereby given ihat en Tuesday, Novr.-mber 10, 2009, in the Boardroom, 3rd floor, .A.dtni/)Istration Building, Collier County GOVErnment Center, 3301 Ea::>tl<il' mldml Trail. Naples, F1orld~. the Bo.ard of County Commissioners willcon<;:ider th~ enactment of a CO~lnty Ordinance. The meeting will commence at 9:00 AM. The title of the proposed Ordinance is as -Tol- low>; t8E AN ORDINANCE Of IHE BOARD OF CO'JNTY COMMISSIONERS Of COLLIER COUNTY, fLORIDA, AMENDING ORDI. NANCE NO 02,35, AS AMENDED BY OR. DiNANCE NO 02.48, BY AMENDING 5EC. TION 3, TA.BLE 1 SIDE YARD SETBACKS fOR TIlACT A; BY ADDING EXHIBII C. MAP SHOWING AMENDMENT AREA: BY ADDING EXHIBIT D, TYPiCAL PATIO Oil ZERO LOT LINE HOMl SIDE YARD SET. BACK DETAil IN TRACT A; AND PROVID. IN(; AN EFfEClIVE DATl, PETITION. PUDA-PLlOD9.' '0. DiVe..t,] Homes, LP. r~pfGsented by Chm Hasty of Ptj!te HOIT1~s. In(, <!fld Margaret Perry, AlCP ()t WiI'ionMiller. 111(, IS reque:i.tlog an .lmendm!?m: to the Winding Cypress PUD. .1d0pted :n OrdloiHHf,I No 02-3S and .1mendgd in Ordinance No 02-48. to altf!r the- side yard ~etbi'lck between'Structurlts on Tract A '-"5 di:!pl(t~d on the PUD Mailer Pi<ln but maltltaln a mll)IOllJfT'1 of I() f~~t b~hl\1ep.n ..truLtur~'.. The subject site i..lo- Glt~dln th@ sOlHheast (orner of Collier Boulevard (CR-951) and Sabal Palm I~n<)d In Sectiom 26, 34. 35. Towmhip SO South. Range 26 East. and Se-(tIOns 2 an.d J. Town!>hlp 51 South, Range 16 East, Collier COIJnlY, ~lorid~, A copy of the propcsed Ordii1ancp IS on tde Wllh the Clerk 10 the Board and is d\lilil.lble tor ins.rJ~(:Tion_ AllinllH@stild partie~ ar"" ,nvi't(od to att@nd and be hearo. NOTE All per~ons wishing to jpeak on ilny ilg@ndel item rrithT rpglster with rh", County Man<Jger pflor to presemaTlonaf the agencla Item IO be addre<:ised. Individual ~peakers will be limite.d to 5 minuTe<; on any iu-m. The sE'lection of an individual to sp@ak aft b@half af an orga- Ili;z;nicn or group is en(ollraged. If r02(' c.gnrlerJ by the Chairman, ,1 s-poke:;pl"rson tor a group or organizmion may be al lotted Hl minlJt€'~ to <.peak on an item. Person" wishing 10 h<)\I@ written or graph. I( materials indudl"d in the Board agenda pa(ket~ must <;l1brnit~ilid material illTlin^ Imum oi J wE>eks prior to the respectiVE> publiC hearing. In any (ase, wrimm ma. terial5 inh>nd@d to bE! cof)Sid>.!red by th@ Board shall be submitted to the ilppropri. ilte (Qlrnty staff a minimum of seven days prior to thl." publi~ hearing. All material uh:l('.'1 in prl'>'ipntatlom hefmllil the Bo.ard will b@(ofl11? a permanent part of the r12' card. ArlY person who decides 10 appeal <'l de-d. sian of th@ Board will n~ed arf.!(ard of the proc~!Jdings pertaining lh@niilto and ther,;,forl;o, milY need to en~ure that.l ver. batim record of the proc!Jl\'dings i'i madE!', which l"@(ord includes the testimony clnd evjd~n(e UpOrl which thf;> appeali" bast!'d. If YOu are a person withdisab'l!ity who r:H~ed5 any (jcccmmodationin ordet to panicir>atL' In this prQc.eedin9. you are en- titled, at no cost to you, to the provisiofl of certain assistanCe. Please contilc1 ~he (allier CfJunty.fac:ilities Man:agement De. partment, loc.l!ted at 3301 TarJ1iami Trarl E'J~t, Bllilding W, Naples, Florida 34112, (l39}252.1:LiSO. As:si!aert IiHeninQ d~vke~ tor the hearing impair~d ar>?:iwallable in thE' County (ommi:;sioners" Office, BOARD OF COUNlYCOMMISSIONERS COUJER COUNTY, flORIDA DONNA fiALA, CHAIRMAN DWIGHT E, BROCK, CLERK By; Teresa Polaski. Dept.:ty Clerk (SEAL) October 25. 2009 No'!82 1 756 I , AD SPACE: 104 LINE i FILED ON: 10/26/09 I ;;:~;:;;:-:;-;;;:;~;._~~~.._------.-- Sworn to and Subscribed before me this ~q~ day of ()C\OG~v Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News B2C/Z~~ING D3PARTMENT <:LERK OF C:RC'l.r:T CR'=' SAPA SCHKEEBER3ER POBOX 413('44 Np.PLES F~, ::;:; 10:' REFERENCE: 068779 59594129 P.O. #4500096189 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. 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, 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 publication in the said newspaper. PUBLISHED ON: 10/25 10/25 Personally known by me 88 ~OF~~I'" Plrties-iar.'j heard. . ~Ifu,'....'!~,'~~...... ,,; ~...... '-" "r. .,-.ihe ~.." ' _le ""i'Itttfon of ',:tII' ..'td', Item- ,10 be addressed. ~r~'WIlI be IImlteclto 5 rn1nut@Son,any,.liiin. 'l1\t seltctiqnof In ~'!dIV\dutl,to ..,.k"OfIbeh1!f oftn!'l'ga- <OI'Igtd.:,lf;fft- Q,l'J1r _\.,"'~'" ,-"'-" ' ~or~~ _.~__; , th=T~" .~",:'~_' priot:,to tI.,' ~ive" ,'" ,,,.., .,~'IQ 1l'Y'~~~ma- 1 'to1M!'. '-, -bY the Boarp sha" be stlbmitted to the .ppropri. 'w, CO:~nty staff " rn1nbTl;,,!m ,of seven 4ays !!'_<ftbthe~lC_rJflg",'Allmaterlal _ in.' PI'fiIflItttttOtl('bdlre the Board will bec:oml' a pmrlInent part of there- ~"" ;.WltW,disabHitv who In orii~ to you are en- (tie provision contact the ment De- l Tamiami Trail , Florida 34112, listening devices .he .!12~. I\eJring 'lrttpalied are available. in """,ntyComm\$$~Offlce. SSlONERS t:'l~_'1l'17~" 2 Or::P,. "~m'~~~"'~';':'O KAROL E KA~"AS ~. '" '" . i Notary Public - State 01 Florida \~. ~",j My Comm. Expires Ju129, 2013 "'::'~()Ff\cr:;~~~~ Commission # DO 912237 '",,,,,' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 B P', 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 arc to be iorwarded to the Board Ol11ce only after the Roard 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 Chainnan's sismature, draw a line throue.h routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig CDES Administration S ~ ldlol O~ 2. \.V 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County 1\1\'1109 {/-c Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one orlhe addressees above, including Sue Filson. need to contact slaff fix additional or missing infannatian. All original documents needing the BCe Chairman's slgnllture are to be delivered to the Bee office on]y after the Bee has Hcted to approve the item.) Name of Primary StatT Kay Deselem Phone Number 252-2931 Contact Agenda Date Item was 11/10109 Agenda Item Number 8,B, Approved bv the BCC Type of Document Ordinance ~ooq~&:? I Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances. resolutions, etc, signed by the County Attorney. s Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and possibl State Officials,) All handwritten strike-through and revisions bave been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whicl1ever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC omce within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the Bee on November 10,2009, and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Ves (Initial) XV NI A (Not A licable) 2, 3, 4, 5, 6, N/A XV :KIJ XV X'D I: Fonns! County Fonns! Bce Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date December 1, 2009 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2009-61: Amending the Winding Cypress PUD Attached for your records, please find a copy of the Ordinance referenced above (Agenda Item #8B), adopted by the Board of County Commissioners on Tuesday, November 10, 2009, The Minutes and Records Department has retained the original for the Board's official records. If you should have any questions, please contact me at 252-8406. Thank you. Attachment (1) 8 B ". 8 B 1 ORDINANCE NO, 09- 61 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 02-35, AS AMENDED BY ORDINANCE NO. 02-48, BY AMENDING SECTION 3, TABLE I SIDE YARD SETBACKS FOR TRACT A; BY ADDING EXHIBIT C, MAP SHOWING AMENDMENT AREA; BY ADDING EXHIBIT D, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD SETBACK DETAIL IN TRACT A; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, on June 25, 2002, the Board of County Commissioners adopted Ordinance No 02- 35, the Winding Cypress Planned Unit Development, in accordance with the Planned Unit Development document attached thereto (the "PUD Document"); and WHEREAS, on October 8, 2002, the Board of County Commissioners adopted Ordinance No, 02- 48, to correct Scrivener's Errors to the Winding Cypress Planned Unit Development; and WHEREAS, Chris Hasty of Pulte Homes, Inc, and Margaret Perry of WilsonMiller, Inc" representing DiVosta Homes, l.P" petitioned the Board of County Commissioners to amend Ordinance No, 02-48, the Winding Cypress Planned Unit Development, and the PUD Document NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AMENDMENTS TO TABLE I OF SECTION 3 OF ORDINANCE NO. 02-48, THE WINDING CYPRESS PUD Table I of Section 3 of the PUD Document is hereby amended to read as follows: TABLE I WINDING CYPRESS DEVELOPMENT STANDARDS FOR nRn RESIDENTIAL AREAS - TRACT A SINGLE PATIO & TWO SINGLE FAMILY MULTI, FAMILY ZERO LOT FAMILY & ATTACHED & FAMILY DETACHED LINE DUPLEX TOWN HOME Minimum Site Area 2,800 SF 2,800 SF 3,500 SF 2,200 SF 12,000 SF Minimum 35' 35' 35' 20' 100' Site Width Minimum 65' 65' 100' 40' 90' Site Deoth Front Yard Setback 15' " 15' ., 15' ., 15' " 15' " (Principal and Accessorv) Rear Yard Setback 10' 10' 10' 10' IPrincioal) 20' Side Yard Setback 5' '5 5' 5' 7,5' (Princioal) _ '2 Side Yard Setback 5' '5 5' 5' '6 (Accessory) . '2 5' Rear Yard Setback 5' 5' 5' 5' '7 10' (Accessorv) Maximum Height 35' 35' 35' 50' 50' Distance Between N/A N/A N/A 10' Princioal Structures 15' Minimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF Words .tr"ok Ihro"~h are deleted; words underlined are added, Revised #3 August 20, 2009 PUDA-PL2009-110, Winding Cypress PUD Page 1 of 3 8a General Notes: For any lot or parcel, which is served by both a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line, and the setback shall be measured from the edge of pavement. The alley easement shall be a minimum of 20' wide, with 10' pavement. Common architectural features such as archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above, Minimum lot areas for any unit type may be exceeded, The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configuration shall be submitted to Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed, All distances are in feet unless otherwise noted, With approval from the Developer, front yards shall be measured as follows: A, If the parcel is served by a public right,of,way, setback is measured from the adjacent right.of-way line, Sidewalks shall be located in the right,of,way, B, If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed), '1 This setback shall be reduced to 10' for side entry garages, front porches, and combination front porch/front entry garages, *2 The side corner setback shall be the same as the required front principal structure setback, *3 Height shall be measured from the first habitable finished fioor elevation of the unit. '4 Setback to be measured from edge of pavement or back of curb, whichever is applicable, of road that serves the unit. '5 Side yard setback shall be either 0' on one side and 10' on the other, or 3'-1 on one side and 6'-11" on the other, For those structures to be constructed within the hatched area of Tract A as depicted on the attached Exhibit C, side vard setback shall be either 0' on one side and 10' on the other, or a minimum of 3'- 1" as lonq as the total distance between structures is a minimum of 10 feet, '6 Accessory Pool Enclosure/screen lanai setback may be reduced to 0' when attached to privacy wall. '7 Accessory Pool Enclosure/screen lanai setback from Lake Maintenance Easement may be reduced to 0' provided architectural bank treatment is incorporated, '8 A Patio Home is a detached or semi-detached unit for a single family with one (1) dwelling unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall SECTION TWO: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE NO. 02-35, TO ADD EXHIBIT C, MAP SHOWING AMENDMENT AREA Exhibit C, Map Showing Amendment Area is hereby added to the PUD document and attached hereto and incorporated by reference herein, SECTION THREE: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE NO. 02-35, TO ADD EXHIBIT 0, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD SETBACK DETAIL IN TRACT A Exhibit D, Typical Patio or Zero Lot Line Home Side Yard Setback Detail in Tract A Map is hereby added to the PUD document and attached hereto and incorporated by reference herein, Words &lR.JGk-l1lfoo!jA are deleted; words underlined are added, Revised #3 August 20, 2009 PUDA-PL2009,110, Winding Cypress PtJD Page 2 of 3 88 SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this I (JJ41 day of ^! CA/!", '1/':K , ,2009, ATTEST: DWIGHT E: BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUPiTY, FLORIDA , {II;" J' , h??'v-, <.;i,(-4.~ DONNA FIALA, Chairman BY: "n~). on .1::.-") b.A" . ~~~, ' ,C ~ ,~. '<De t: ~ '., ., M~.::.~~';t .t....... .,.. ,', ,,' " . 't ,";:~;,:>S>' Approved as to form and Le:]UffiCiencY S'di A~ht'o~:~iCkO · . ( Section Chief, Land Use/Transportation (110 Exhibit C: Map showing amendment area Exhibit D: Typical Patio or Zero Lot Line Home Side Yard Setback Detail in Tract A CP\09-CPS,00956\ 12 Words otrusk thro"~h are deleted: words underlined are added, Revised #3 August 20, 2009 PUDA,PL2009-]] 0, Winding Cypress PUD Page 3 of 3 ~ 11II I WINDING CYPRESS TRACT A PUD AMENDMENT EXHIBIT" C" AUGUST, 2009 ,1.','9 21, :::OC9 V5 13.39 L:JOLI'/t.V,x',E ',I(j\W,SUf\ ~5<:"h:b:',s\f"U~ "'.kl:DIAfI~T\:)CuU)OG~!j-- pu::J-arr,mells- 813-09-,,01 ,jwg . - -, _m__u_umuu m-1 CD f- a --' ~ : oi ~i : ~ l__~_~_______ .__J_____n______nmn__n_______ no ____J nnn_ ___ n -- - __nun u_n__ n .un_ -- ---- u. -"'"1 <( f- a --' w Z ~~ s~ w ) / ! ~ e z w Q > < . " o ~ w " "b u- 0, ~. "e Q~ w~ ~w mm Ze 00 ~. ~: r- O(..J ~ ~~ 8a I: I " I ! ~ i m ~ ! ! ! I . I ~I 15 ~ ~ - ~ 11 ~ ~ ~ ~ ~ ; ! I !l 1 J I I Iii II I. Ii! ~Il . ! I' j ~ . I ~ ' , . I' I Iii! STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-61 Which was adopted by the Board of County Commissioners on the 10th day of November, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of November, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to BOqrdbf County Commissioners O-uu ~~?,C. By: Ann Jennej ohI:J;; Deputy Clerk 88 -:. RECYCLE CENTER AND HAZARDOUS WASTE , 8 B - 4Y!a:t )1'1 bo LOc;rt"r~ I AM ROBERT JENKINS I AM HERE REPRESENTING FALLING WATWRS FALLING WATERS IS A COMMUNITY OF 800 RESIDENCES FALLING WATERS IS LOCATED SOUTHWEST OF THE INTERSECTION OF SANTA BARBARA AND DAVIS THE FALLING WATERS RESIDENTS ENDORSE RECYCLING. IN FACT, THERE ARE RECYCLEING CONTAINERS THRUOUT THE COMMUNITY. THE RECYCLE MATERIAAl IS COLLECTED WEEKLY BY WASTE MANAGEMENT. IN OUR ASSOCIATION MEETINGS THERE IS STRONG APPROVAL OF RECYCLING, BUT STRONG OBJECTION TO THE PROPOSED RECYCLING AND HAZARDOUS WASTE CENTER THE SITE OF THE PROPOSED CENTER IS NOW ZONED RESIDENTIAL. THE PROPOSED SITE IS IN A RESIDENTIAL AREA THE CENTER SHOULD BE IN A COMMERCIAL OR INDUSTRIAL AREA SOME SPECIFIC OBJECTIONS ARE: THERE IS A SCHOOL DIRECTLY EAST OF THE PROPOSED SITE. THE CENTER WOULD BE AN ATTRACTION FOR CURIOUS STUDENTS. I KNOW OF INSTANCE IN NEW JERSEY WHERE A YOUNG BOY CLIMBED A FENCE AND THEN OUT OF CURIOUSITY CLIMBED INTO A DUMPSTER THE DUMPSTER CONTAINED SOLVENT SOAKED RAGS. THE BOY WAS OVER COME AND WAS FOUND DEAD THE NEXT MORNING. THIS CAN AND DID HAPPEN!! THE RESIDENTAL COMMUNITIES IN THE AREA ARE CONCERNED THAT THE CENTER WILL ADVERSL Y AFFECT THE VALUE OF THEIR PROPERTY. AFTER DISCUSSING THIS WITH SOME REALTORS. I BELEIVE THEIR CONCERNS ARE VALID. THE CENTER WILL ADVERSL YTHEIR PROPERTY VALUES. COLLIER COUNTY PROPERTY MANAGEMENT RECENTLY ADVISED THAT THE VALUE OF RESIDENTIAL PROPERTY IS $150.000 PER ACRE, THIS MEANS THE VALUE OF THE 5 ACRE SITE IS $750,000.SUREL YOTHER MORE APPROPIATE SITES CAN BE AQUIRED FOR LESS THAN $750.000. AGAIN, THE SITE IS ZONED RESIDENTIAL AND THE NEIGHBORHOOD IS RESIDRNTIAL AND A RECYCLE CENTER IS INAPPROPIATE. LAST FRIDAY I RECEIVEED AN EMAIL COPY OF THE NAPLES RECYLlNG PRESENTATION. PAGE 18 WAS A CONCEPT PLAN FOR THE BENBRIDGE RECYCLING CENTER ON SANTA BARBARA BLVD.. THE PLAN SHOWS THE CENTER WILL PROCESS THE FOLLOWING: TIRES SCRAP METAL BIOIMAS (GREEN TRASH) CONSTRUCTION AND DEMOLITION TRASH SCRAP PAAPER BAILER PAINTS, OILS & SOLVENTS GENERAL A CENTER HANDLING AND PROCESSING THESE ITEMS SHOULD _ BE IN A INDUSTRIAL OR COMMERICAL AREA!! NOT IN A RESIDENTIAL AREA!! THANK YOU FOR YOUR ATTENTION