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Backup Documents 09/15/2009 Item #17F 1 7~F~ I COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location. etc,) **.**********.*******************.**~*.***************.*..*.*******.*********.**********************.. Originating Dept/ Div: CDES.lZoninl! Person: John-David Moss, ATCP Date: P,HI;on No (ll """. g;w bno! ''''ript;on i PUDZ,2009,AR ,14141, ltah~ Am,ri,~ Cl"b ~ Pditlon~, (N'm' & Ad're~I' Rob,rt L. O"~" Alep, Hol, Moot", 950 E"ore W 'y, N"I,,- FL 34110 ~ \ ~ \ 0\ Name & Address of any person(s) to be notified by Clerk's OffIce' (If more space IS needed, attach separate sheet) Richard D, Yovanovich. Esq., Goodlette, Coleman, and Johnson, PA, 4001 Tamiami Trail, Suite 300, Naples. FL 34103; Naples Italian American Club. Inc., 7035 Airport Pulling Rd" N., Naples, FL 34109 Hearing before BCC BZA Other Requested Hearing date: Seutember 15, 2009 Based on advertisement appearing 15 davs before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (include legal description & common location & Size: Petition: PUDZ-2009-AR-14141. The Naples-Italian American Club, Inc. represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester PA is requesting a Rezone from the Agriculture (A) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District to allow up to 20,000 square feet of civic, social or fraternal organizations and 34.000 square feet of commercial and professional office uses. The approximately 5.0-acre subject property is located at 7035 Airport Pulling Road, Section 2, Township 49 South, Range 25 East, Collier County, Florida. Companion petition(s), it any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes. what account should be charged fOf advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: "-rh .~ gill IdJ Date List Attachments: 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 Original Clerk's Office B, Other hearings: Initiating Division head to approve and submit original to Clerk's Ottice, retaining a copy for file. *.*..w.****.*.******~***.**.******t..w.******..***..****.********************************************** FOR CLERK'S OFFICE USE ONLY: " / Date Received: Date of Public hearing: ,_ I Date Advertised: ~.,-"-_.._-,_.,."",, ~- "'<l'-Il",1\l!T '-' ""--_._.__."...---........~_.,"~.,_........""..,_.,_..^.~._- 17F Teresa L. Polaski . . From: Ram irezHeather [HeatherRam irez@colliergov.net] Sent: Wednesday, August 12, 2009 11 :20 AM To: Minutes and Records Attachments: PUDZ-2009-AR-14141 Legal Ad.pdf <<PUDZ-2009-AR-14141 Legal Ad.pdf>> Here is 3 of 6 ads. Please let me know the latest that you need the Ordinances, I have 4 of the 6 that are still waiting on them. Heather L. Ramirez ~ Planning Technician Zoning & Land Development Review 2800 N. Ilorseshoe Drive Naples, FL 34104 (239)252-2930 The Department of Zoning &. Land Development n,eview will be closed on Fridays until furthur notice, All cmaiI messages will be answered in the order they are recieved on Monday morning. 1 ""-,,,.-...-. ~ -"'~-'-"--''''~'''~'''''-~",,'''-",''""--~-'~'''''''''-''^'''''^'''''''''''"~''......._.........~ ~~._-- ORDINANCE NO. 09- - l?F AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 5+/- ACRE PARCEL TO BE KNOWN AS THE IT ALIAN- AMERICAN CLUB CPUD, LOCATED AT 7035 AIRPORT -PULLING ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The Naples Italian-American Club, Inc., represented by Robert L. Duane, AI.C.P., of Hole Montes, Inc. and Richard Yovanovich of Coleman, Yovanovich & Koester, PA petitioned the Board of County Commissioners to change the zoning classification of the herein described real property, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located at 7035 Airport- Pulling Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 5 +/- acre parcel to be known as the Italian-American Club CPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. PUDZ-2009-AR-14141 RE v, 8/1 0/09 10f2 ~~"'"""""..'~.._._---_._-,..." ."'-, '11'11 _.__._"""--"'-~----.._.. ",""""'" "'--'..- l?F The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND nUL Y ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: DRAFT Heidi Ashton-Cicko Section Chief, Land UsefTransportation Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments Exhibit G: Conditions of Approval 09.CPS-00928113 PUDZ-2009-AR-14141 REV. 8/10/09 20f2 ,.~---- ,-"----,,- __lItIf_____.,'_,....""""""...__~___".__.~____._'_.~'_ EXHIBIT A 17F PERMITTED USES ITALIAN AMERICAN CLUBHOUSE CPUD COMMERCIAL AREA No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses and Structures - Tract A: I. Permissible Land Uses: 1. Civic, social and fraternal associations (SIC Group 8641) II. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals, pursuant to the LDC. Permitted Accessorv Uses and Structures - Tract A: I. Uses and structures that are accessory and incidental to the above principal uses including recreational facilities for a civic, social or fraternal organization, including bocce ball outdoor area, signs, water management facilities, and covered parking. III. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. Principal Uses and Structures - Tract B: 1. Permitted Principal Uses and Structures: Permissible Land Uses - C1 (Modified): Commercial Professional & General Office Permitted Use (SIC Group in Parenthesis) 1. Accident & Health Insurance Services (6321) 2. Accounting services (8721) 3. Adjustment services (7322) 4. Advertising (consultants) agencies (7311 ) 5. Architectural services (8712) 6. Auditing service, accounts (8721 ) 7. Banks, Federal Reserve (6011) 8. Banks, commercial: national (6021 ) 9. Banks, commercial: not chartered (6029) 10. Banks, commercial: state (6022) 11. Banks, savings: Federal (6035) August 4.2009 '"' ""-.-"'1. --- -"""_.~"......_."'_.,,,---'.....,-- 12. Banks, savings: not federally chartered (6036) 17F 13. Barber Shops, except for barber schools (7241 ) 14. Beauty Shops, except for barber schools (7231) 15. Bookkeeping Services (8721) 16. Business Consulting Services, not elsewhere classified (8748) 17. Civic, social and fraternal associations (8641 ) 18. Collection Services (7322) 19. Conunodity Contracts Brokers & Dealers (6221) 20. Computer maintenance and repair (7378) 21. Computer processing services (7374) 22. Computer programming services (7371 ) 23. Credit clearinghouses (7323) 24. Credit Reporting Services (1323) 25. Credit unions, Federal (6061) 26. Credit unions, State: not federally chartered (6062) 27, Data processing consultants (7379) 28. Data processing services (7374) 29. Debt counseling, no other miscellaneous services (7299) 30. Dentist office/clinic (8021) 31. Direct mail advertising service (7331) 32. Doctors - Medicine offices & clinics (8011) 33. Doctors - Osteopathy offices & clinics (8042) 34. Doctors - Chiropractors offices & clinics (8041 ) 35. Engineering services: industrial, civil, electrical, mechanical, marine and (8711 ) design 36. Essential Services, subject to LDC 2.01.03 including existing Radio and (3663 ) television broadcasting and corrununications equipment 37. Fire, Marine & Casualty Insurance Services (6331) 38. Funeral home or parlor (7261) 39. Health practitioners - not elsewhere classified (8049) 40. Home health care services (8082) 41. Hospital & Medical Healthy Services (6324) 42. Insurance Carriers, not elsewhere classified (6399) 43. Investment Advice (6282) 44. Life Insurance Services (6311 ) 45. Land Subdividers & Developers (6552) 46. Landscape architects, consulting & planning (0781 ) 47. Legal services (8111 ) 48. Loan brokers (6163) 49. Management Services (8741) 50. Management Consulting Services (8742) 51. Mortgage Bankers & Loan Correspondents (6162) 52. Miscellaneous Business Credit Institutions (6159) 53. Membership Organizations, not elsewhere classified (8699) 54. Optometrists - offices & clinics (8042) 55. Pension, Health and Welfare Funds Services (6371) 56. Personal Credit Institutions (6141) 57. Photographic Studios, Portrait (7221) 58. Podiatrists - offices & clinics (8043) 59. Public Relations Services (8743) 60. Radio, Television & Publishers Advertising Representatives (7313) """--"""-'-~',._._._----_.' -- ..""---_..., ..'" ------., _""--'~'~-----~"""'_.'_'""'-"'-- 61. Real Estate Agents and Managers (6531) 17F j 62. Secretarial and Court Reporting Services (7338) r. 63. Security Brokers, Dealers & Flotation Companies (6211 ) 64. Security and Commodity Exchanges (6231) 65. Services Allied with the Exchange of Securities or Commodities, not (6289) elsewhere classified 66. Shoe Repair Shops and Shoeshine Parlors (7251 ) 67. Short-Term Business Credit Institutions, except agricultural (6153) 68. Surety Insurance Services (6351 ) 69. Tax Return Preparation Services (7291 ) 70. Title Abstract Offices (6541 ) 71. Title Insurance Services (6361) 72. Travel Agencies (no other transportation services) (4724 ) 73. Veterinary Services, excluding outdoor kenneling (0742) II. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals, pursuant to the LDC. Permitted Accessory Uses and Structures - Tract B: 1. Uses and structures that are accessory and incidental to the above principal uses including signs, water management facilities, and covered parking. III. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. August 4, 2009 ~"------ ~JiOJ , .....~;---- .. .. __"'__""""""--",_,~'..r__'_'~'~",~_ 17F ~ EXHIBIT B DEVELOPMENT STANDARDS IT ALlAN AMERICAN CLUBHOUSE CPUD Development of the Italian American Clubhouse CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan (SDP), excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district, the C-l, Commercial Professional and General Office District, of the LDC shall apply. Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or final subdivision plat. TABLE I COMMERCIAL DEVELOPMENT STANDARDS A. PRINCIP AL STRUCTURES MINIMUM LOT AREA N/A MIMINUM LOT WIDTH N/A MINIMUM FRONT YARD 25 feet MINIMUM SIDE YARD 25 feet MINIMUM REAR YARD 25 feet MIMINUM DISTANCE BETWEEN Yl the sum of the building height PRlNCIP AL STRUCTURES MAXIMUM BUILDING HEIGHT 3 stories, not to exceed 45 feet zoned building heil:!ht or 50 feet actual buildinl:! heil:!ht B. ACCESSORY STRUCTURES FRONT SETBACK 15 feet SIDE SETBACK 10 feet REAR SETBACK 10 feet MINIMUM D18T ANCE BETWEEN 10 feet ACCESSORY STRUCTURES MAXIMUM BUILDING HEIGHT NOT 1 story, 25 feet zoned building height and 30 TO EXCEED feet actual building height GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. July 10,2009 ,~,_w___""_""_"" ~ - 'I '", '1f~ 1IIIl4 "l'R" -_._,-'-...-_- ....,..._,_.'_,~"v.__'"".....-~._"","_____ 17r C. DEVELOPMENT INTENSITY Tract A: The maximum size of the Italian American Club or similar other civic, social or fraternal associations shall be 20,000 square feet gross leasable floor area. Tract B: The maximum development intensity for limited commercial and professional offices and related uses shall be 34,000 square feet of gross leasable area. Of the 34,000 square feet for professional offices and limited commercial uses, the maximwn size of financial institutions within the overall general office area shall be 4,000 square feet. Additional square footage beyond the allowable 4,000 square feet is permitted as administrative office space to support the financial institution on a second floor or area that is not accessible to the general public to support the financial institution. D. PARKING Parking for the Italian American Club or other civic, social or fraternal association is based on 1 space per 3 seats to meet their onsite parking needs. (See Exhibit E, Deviation No.1). Parking for special events computed at 1 space per 100 square feet over and above the requirement of 1 space per 3 seats shall be met on the adjacent office building parcel located to the east of the Italian American Club on Tract B to meet their offsite special events parking needs, The Italian American Club or similar type of fraternal organization shall enter into a shared parking agreement within the owner of Tract B of this CPUD to meet their parking requirement for special events. E SPECIAL EVENTS Special events for the Italian American Club shall only occur after 5:00 p.m. on weekdays, and any time on Saturdays and Sundays and legal holidays and shall be limited to a maximwn of8 special events per year. If the parking lot for the office building located to the east on Tract B has not been constructed, parking shall be permitted in grassed areas on an interim basis until construction commences subject to SDP approval. (See also Exhibit E, Deviation No.1). F. PRESERVE AREA No preserve area is required. G, INTERNAL BUFFERS Should the project be developed as multiple parcels, there shall be no buffer required between users on the multiple parcels. (See also Exhibit E, no. 3.) July 10,2009 ~,---- . Ill,. -.....- . _....__~ ~.~ .'"'ll'"'1. ""lr .- W _____~__--~~.c,'"._ l?F ..-.-~..~\jlO"_I"-. ,. ~T~'" IS, _." _.....__._ Z 0 NED A (CU} i ~------------------- -------,------------------------------------- ~ 15' WIDE TYPE 'B' BUFFER ! I p. I I , ! , r ,I . , . Pi ?.1 e I " t . ", >0 C"l'" ( e ~ !! ~ C"l'" I m.... ~ I' I I "'''' I "'~ ~ il~ ~I~ !il~ ~ I. ~ ." ", ;::;: i!l!'. .,.. a~~ >0 J~ g~ Dl ~6: ~ ~ ~ J ~si m... Dr i~ 8 ~ S ~ "'''' :J ji ~ ~ i :D "'\J I ....i :" :"- ~ C"))> ~-4 ~ ~ ~ I: I (') -03 '" i!?l I ~ ~ c... ~ Cm ... :D _ ~~ r'" 11I0 s: I: limo CI~. :::~ ~ ! mn Om ~... "ft-i<"tI C') i~""~ OJ ,'" cl~ l!f~", ~ ~ , ~ :J ':;! ~... ." ~~~~ 0 ~ I~ m ~o ~::il ~~ .. '" N E 0<1> ",< ~. - I;" m'" "'" mj ~ ~ I 0" I - "'... 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'-, r; ~~: I ~'il" ~ . .. t .- '"'""'-. \ r' ("l r ~ ~n-l I _:I _________ I ~ I I' l~. lo g i; · ,k=::=::~::~::':<Q~~--=~::~::~-.:;1 -- . ---- I U ai, '" - ~ I ! ~~t~~~-~~;T~~;~~~~~-;~(~~~;l~~~;~~~~~~~~-~-:-~~+~~:~ -j ~ I . - __-A-I~ULLING--ROAIJ--. ----- -- -~--,... -- -.,,;/ ___ """"""'~"'-'"'- nw --,--"'....,. . _""..,..._~.o...>N.>..'''~c_ All-14141 17F ITALIAH AHEJlIIWf CLUB Exhibit 0 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN N.02014'OO'W., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, FOR A DISTANCE OF 2038.10 FEET; THENCE RUN S.89"S1'41"W., PARAllEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2, FOR A DISTANCE OF '00.07 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD NORTH, STATE R9AD 31, HAVING A 200.00 FOOT WIDE RIGHT-OF-WAY; THENCE CONTINUE S.B9"S1'42''W., FOR A DISTANCE OF 660.00 FEET; THENCE RUN N.02"'4'OO"W., FOR A DISTANCE OF 330.00 FEET TO A POINT ON THE SOUTH RIGHT -OF-WAY LINE OF ORANGE BLOSSOM DRIVE, HAVING A 200,00 FOOT WIDE RIGHT-OF-WAY; THENCE RUN N.89"51'42"E., ALONG THE SOUTH RIGHT-Of-WAY LINE OF SAID ORANGE BLOSSOM DRIVE, FOR A DISTANCE 0*0.00 FEET TO A POINT ON THE VIlEST RIGHT-Of-WAY LINE OF SAID AIRPORT-PULLING ROAD NORTH; THENCE RU S.02.14'OO"E., ALONG THE WEST RIGHT-Of-WAY LINE OF SAID AIRPORT-PULLING ROAD NORTH, FOR A DISTANCE 0 330.00 FEET TO THE POINT OF BEGINNING; CONTAINING 5.00 ACRES, MORE OR LESS. - -..-- ----~. ---.'--.'- - _._~----...- - -- It""" 1Il~1l. , __" .- ----~~..,-.~.._-'"- 17F 'f EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM THE LDC ITALIAN AMERICAN CLUBHOUSE CPUD 1. Deviation No.1 seeks relief for Tract A from LDC Subsection 4.05.04.G, Table 17, which requires a minimum of one parking space per 100 square feet for private clubs; or one space per every three seats set up at any given time, whichever is greater to allow the less stringent parking calculation method to prevail so that 83 parking spaces are required for Tract A instead of 200. 2. Deviation No.2 seeks relief from LDC Section 4.05.04 D, parking space requirements, which requires that developers providing parking lots in excess of 200 parking spaces may surface fifteen percent (15%) of the required off-street parking spaces in grass which shall be compacted, stabilized, well drained and surfaced with a durable grass cover to provide additional overflow parking for special events on Tract B. All grass parking spaces on Tract B shall be located along the outlying perimeter of the parking lot. Driveways, handicapped spaces and access aisles shall be paved. All grassed parking spaces shall be included in the water management calculations for site development plan review. This deviation is to provide additional overflow parking for special events on Tract B. The proposed grassed parking area will be subject to SDP approval. 3. Deviation No.3 seeks relief from LDC Subsection 5.04.05.A.l, Temporary Events, which allows non-renewable permits of up to 14 days' duration for special promotional sales or other similar uses, such that during any calendar year, the sum total of all permits for such events on the site does not exceed 28 days, to permit special events on the site up to eight times a year and up to five days' duration, for a total of 40 days during any calendar year. Such events would be permitted only on weekends, legal holidays and after 5:00 pm weekdays. '''.----.......-.- T iI"".'"'<l..~___._" . -'.'," "'---,"-,~,~.,.._"~.^.'->_..>- 17F EXHIBIT F DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT ITALIAN AMERICAN CLUBHOUSE CPUD 1. TRANSPORTATION REQUIREMENTS 1. An Orange Blossom Drive/Airport Road intersection improvement plan prepared by owner must be a viable project and approved by the Transportation Division prior to any zoning action or development order approval; and construction pursuant to an approved plan must be completed prior to the issuance of any certificate of occupancy for any permitted uses other than the Italian American Club or similar civic, social or fraternal organizations, as limited in the TIS. The Italian American Club CPUD fair share is estimated to be 4.84% and payable at the time of issuance of the first building permit. 2. The clubhouse facility and accessory uses for the Italian American Club or similar civic, social or fraternal organizations shall be excluded from the requirements set forth in Section I, if it can be demonstrated that the transportation impacts of the facility and accessory uses do not require the initiation or construction of Orange Blossom Drive/ Airport Road intersection improvements. This determination will be made at the time of SDP approval. . 3. The Developer agrees to provide required pedestrian and vehicular interconnections to the parcels to the South and West of this project as approximated by Exhibit C in this document. (Vehicular interconnection to the West is not required). 4. The existing easternmost vehicular access drive onto Orange Blossom Drive shall be removed or permanently closed-off by the property owner prior to the issuance of any certificate of occupancy for any further development or redevelopment of the site. 5. Vehicular use areas, buildings and structures, landscape buffering and open space and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the south. These commitments will be satisfied at the time of SDP approval or no later than at the time the property owner to the south develops the property. II. DEDICA nON OF RIGHT OF WAY July 10,2009 ~,,"",,,,--,..-. ~ '__WI<'" . ~_1'~'U~ pqr- ~ ...-" "M ~v : ._...._...-"'""1'0/".. ,~-~,...._,.._"""",_..".",....~ -..."""" ,,-_._---~_."-,~.,~_.,~,,;,_.- 17F ~~ . 1. The Developer agrees to dedicate at no cost to Collier County two apportioned tracts of roadway easement right of way in fee simple deed, free of any liens or encumbrances, to Collier County within 60 days of the County's written request, as approximated by Exhibit C - CPUD Master Plan, in this document. COMMON SIGNAGE AND ARCHITECTURAL ELEMENTS 1. Development within the CPUD shall have common site, signage and building architectural elements, including on-site directional signs assisting motorists toward southbound egress through the property to the south should access to the south be available onto Airport Road. These commitments will be satisfied at the time ofSDP approval. July 10,2009 ,.,."'--.--..---....-,....-,..,..-.. , ...id_...U.bll.~~'"'-.... IIUIl'''''''' -----_......_----,~-~--"-~~....,._'-'"'~,._'"-- 17F EXHIBIT G CONDITIONS OF APPROVAL August 10, 2009 1. Temporary grass parking spaces for users of Tract A shall be pennitted on Tract B until Tract B is developed. These temporary spaces shall be located along the perimeter of Tract B and shall be compacted. stabilized, well-drained and surfaced with a durable grass cover. In addition, all driveways, access aisles and handicap spaces shall be paved, 2. Parking on Tract B by patrons of the private club on Tract A shall only be permitted during the club's special events (defined below in Condition No.4) at which time parking on Tract B shall be permitted by patrons from 6-11 p.m. on weekdays; and on weekends and legal holidays until 11 p.m. 3. Once Tract B is developed, parking on Tract B by users of Tract A shall be prohibited during any of the operating hours of the uses permitted on Tract B, including weekends and holidays. 4. "Special events" shall be limited to those events open to the general public, such as but not limited, to fairs, celebrations, festivals and other such events that require parking on Tract B. No special events shall be permitted on the site past 11 p.m. 5. No more than 8,500 square feet of the 34,000 square feet of gross leasable area permitted on Tract B shall be used for medical offices. ...... r___ 1.1' -,..._--._~,.,."....... _""'_",""",~_",,~,'<__""'__..~<k_'__ 17F Acct. #068779 August 13, 2009 Attn: Legals Naples Daily News 1075 Central A venue Naples, Florida 34102 Re: PUDZ-2009-AR-14141, Italian American Club Dear Legals: Please advertise the above referenced notice on Sunday, August 30, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500096189 , ..~,...~--"",.--....,-- r -""- " __'"__"W,._"'4_ 17F NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, September 15, 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 NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 5 +/- ACRE PARCEL TO BE KNOWN AS THE ITALIAN- AMERICAN CLUB CPUD, LOCATED AT 7035 AIRPORT-PULLING ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ-2009-AR-14141, The Naples-Italian American Club, Inc. represented by Robert Duane, AICP of Hole Montes, Inc. and Richard Yovanovich of Goodlette, Coleman, Johnsonr Yovanovich & Koester PAr is requesting a Rezone from the Agriculture (A) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District to allow up to 20rOOO square feet of civicr social or fraternal organizations and 34rOOO square feet of commercial and professional office uses. The approximately 5.0-acre subject property is located at 7035 Airport Pulling Road, Section 2r Township 49 Southr Range 25 Eastr Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 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 .,",--...-- ....- _......#1- .... '*'--.,..... - _..~.,._._- 17F materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal lS based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available In the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) I . ......... - .~-_.- c-------, e' }~~!y~~~r~" u qllier 17F CLERK OF THE CS-lRCtJIT COURT ~ . Dwight E. Brock COLLIER COUNTY ,cOURTHOUSE Clerk of Courts 3301 TAMIAMI 4AIL EAST Clerk of Courts P.O. BOX 413044 \ Accountant NAPLES, FLORIDA1:101-3?44 Auditor Custodian of County Funds .J. i 1~ , ~. \. ? r?,,~__p"<; August 13, 2009 Hole Montes, Inc. Robert L. Duane, AICP 950 Encore Way Naples, FL 34110 Re: Petition: PUDZ- 2009-AR-14141, Italian American Club Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 15, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 30,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~/~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com "",--~"."- ~I>.-.'" .0lP..__~ --, " _1;<>...._ ~ . _'IN. .....',..""_._~."'... r __. -,- ~b(~rrql1ier 17 F CLERK OF THE CS.~RClJIT COURT Dwight E. Brock COLLIER COUNTY~UR1HOUSE 3301 TAM lAM I .. IL EAsT Clerk of Courts Clerk of Courts P.O. BOX 4\2044\ Accoun~ant ':3 ~ AudItor NAPLES, FLORIDA.4101-3 44 C d. fC F d ..1./. ; usto Ian 0 ounty un s l~,' \. j ""...... August 13, 2009 Naples Italian American Club, Inc. 7035 Airport Pulling Rd., N. Naples, FL 34109 Re: Petition: PUDZ-2009-AR-14141, Italian American Club Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 15, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 30, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com ~ .... R'''Ml_.'''''...._I'....'lII'R .. 1>'~'W"".____ ",.1"'!> ....- C.._^~._^~.~~' '-. 17F 3entln~f'eollier t., ., CLERK OF THE t~RCtJIT COURT Dwight E. Brock COLLIER COUNTY ,COURTHOUSE Clerk of Courts 3301 TAMIAMI THAlL EAST Clerk of Courts P.O. BOX 41}044 Accountant NAPLES, FLORIDA 101-3044 Auditor Custodian of County Funds August 13,2009 Goodlette, Coleman, Johnson, Y ovanovich, and Koester, P A Richard D. Yovanovich, Esq. 4001 Tamiami Trail N. Suite #300 Naples, FL 34103 Re: Petition: PUDZ- 2009-AR-14141, Italian American Club Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 15, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 30, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com ".- "... ".".",,",-~ ...._,-"-,-".,- ---"41\... M. tI"_,~ , ..-~__ ", P IF -,.". .,... ij ---.-' 17F Martha S. Vergara From: Martha S. Vergara Sent: Monday, August 17, 2009 3:30 PM To: 'Iegals@naplesnews.com' Subject: PUDZ-2009-AR-14141, Italian American Club Attachments: PUDZ-2009-AR-14141.doc; PUDZ-2009-AR-14141.doc Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verqara@collierclerk,com) 1 ."';,....---.,--,- -......... ""',. 1I....1~ .. .- --......,.. -...."'->-"...._---~--.....--_."";.,,- 17r Martha S. Vergara From: postmaster@collierclerk.com Sent: Monday, August 17, 20093:30 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT613755.txt; PUDZ-2009-AR-14141, Italian American Club 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 ,,~----'...'"' v T .....r u _. 11 .IN' 1<_.". r r ... ",,,,,,-~-,,,","--~.,,,,,,""'--- 17F Martha S. Vergara From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Tuesday, August 18, 2009 10:25 AM To: Martha S. Vergara Subject: RE: PUDZ-2009-AR-14141, Italian American Club ok From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Monday, August 17, 20093:30 PM Posted To: Legals - NDN Conversation: PUDZ-2009-AR-14141, Italian American Club Subject: PUDZ-2009-AR-14141, Italian American Club Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verga ra@collierclerk.com) Under Florida Law, e-mail addresses are public recards. 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 <INI___~lJif' "'<l7 ._-- Naples Daily News 17F Naples, FL 34102 Affidavit of Publication . .... ". ~ ,N01lell Of' IN1I'Id'TO CONSI R 0IIClIN Naples Dally News ...... . ..' .. ..... .. ........ ..' -- - :~~~:::::~ - ~:~=~~::~ - - - -- - - - - - - - - -- -- -- - - - --- -+- .~ CLERK OF CIRCUIT CRT ~Ili'" ..... ... .. S AMMERMANN/FINANCE DEPT E pf' '---~&: '" . ... A. POBOX 413044 .AS NAPLES FL 34101 REFERENCE: 068779 P.O. #4500096189 59587409 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance 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 F~ next preceding the first publication of the ..... . ".. '.. :. .... ....... .... .....mtllIt IlilbmltHlld ' a.... 3 Weeks priQl: to attached copy of advertisement; and affiant p~-- further says that he has neither paid nor ; .(Ul ~~ , '. .. "'~..., . '. ..... ~.'. ... ~IC hear- promised any person, firm or corporation any ~atw ..=~=_the discount, rebate, commission or refund for the :~'.-~" purpose of securing this advertisement for ,..............~..- f," "',"" \'.i ' ,', .,',/ '.' publication in the said newspaper. a .. . .:.. ..... .' ....... ~.. , .,f._ \IIIi!M ... . ... \It..... . PUBLISHED ON: 08/30 08/30 ~~ ~~'1tI~ . ri" at.cost to )'4lt!,' to the Of . . ,..... ~.the 0111... ur >' _.~: located fc NQtes. . 341 . .. .....v:a: terilll ~ for.: '1bJe n coumy llOARl)Of' C04.lJtTV COf!NSS10NERS AD SPACE: 188 LINE ~F=,~=A ::~~~::~~ -:: - ~::::::~~ ~-t? ~ r0- - - - - - +-. g:~~- Nrit.'~lg / \ C \ Sworn to and Subscribed before me this $~ day of ~ e~htr 20~ Personally known by me ,,,HUll, ...'~t!}.V p"~;-'''' KAROL E KANGAS ~m'" f. .! Notary Public . State of Florida \"'.... '.<j My Comm. Expires Jut 29, 2013 "'~;€ o~ "o":~~ Commission # 00 912237 '111 "",,, ,., '~'~h^ - ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l?F 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 # I through #4 as appropriate for additional signatures, dates, and!or information needed. If the document is already complete with the exce tion of the Chairman's si anne, draw a line throu h routin lines #I I throu #14, com lete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office Initials Date (List in routin order 1. Judy Puig CDES Administration 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County g {r:r f Commissioners I . oj 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce 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 BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Phone Number d. 5). ~;). 31 Contact Agenda Date Item was Agenda Item Number 11F A roved by the BCC Type of Document ~ -/'1 ~ Number of Original 1 Attached a1)CJz.- Documents Attached INSTRUCTIONS & CHECKLIST 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, 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 ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. 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 whichever is a licabJe. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip V should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be a a of our deadlines! 6, The document was approved by the BeC on (enter date) and all changes made during the meeting have been incorporat d i the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicabk. I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 _^~,,;,"'''h''''''_._''''<''''''-''''''''_'__''__''''_ ....._'..._,~._"'_,..",..,.."'.,..__..".>__""_~~^...."'..,.,,',.,,',.::k"'".,"".1;,"'~,l""'~"._;'''._1I<'"''''''''-'''' ,""-' , .. ",-,,~,_,~''"l'. "_~_"_.""_~".,~,~~,.,,,",,,,.,,._"._____.__ 17F MEMORANDUM Date: September 29, 2009 To: J ohn- David Moss, Principal Planner Zoning and Land Development Review From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2009-46 Enclosed please find one (1) copy of the document as referenced above, (Agenda Item #17F), which was adopted by the Board of County Commissioners on Tuesday, September 15,2009. If you have any questions, please call me at 252-8411. Thank you. Enclosure _._--"-,---~-".~----- ......-...... m<;,.,_''''''~''''"" ".. -"""^"<'~~"'--'--_._"-"-'- 17F t J MEMORANDUM Date: September 29, 2009 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2009-46 and 2009-47 Attached, for your records you will find one (1) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, September 15,2009. If you should have any questions, please call me at 252-8411. Thank you. Attachments _._-,"",---~-'--~"'-"'--''''' '" ~ -- 17F ORDINANCE NO. 09- 46 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 5+/- ACRE PARCEL TO BE KNOWN AS THE IT ALIAN- AMERICAN CLUB CPUD, LOCATED AT 7035 AIRPORT -PULLIN G ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, The Naples Italian-American Club, Inc., represented by Robert L. Duane, A.I.C.P., of Hole Montes, Inc. and Richard Yovanovich of Coleman, Yovanovich & Koester, PA petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located at 7035 Airport- Pulling Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 5 +/- acre parcel to be known as the Italian-American Club CPUD, in accordance with Exhibits A through G attached hereto and incorporated by reference herein. PUDZ-2009-AR-14141 REV. 9/3/09 1 0[2 "",~~"",.',=""'- i-<:i_ _--~~-'~_.""'.__.. , --~"., ""-"-'~ "... .,"--~~<'", 17F The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this Ie;; day of ~. ,2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT .E. BROCK, CLERK COLLIER COI1NTY, FLORIDA . , / ;' I /#~~7~ J-L.~. By: DONNA FIALA, Chairman .... . St :~':, \;, > Approved as to form and legal sufficiency: . \ eidi Ashton-Cicko Section Chief, Land Use/Transportation Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments Exhibit G: Conditions of Approval 09-CPS-00928/20 PUDZ-2009-AR-14141 REV. 9/3/09 20f2 ._'~--" -.,,-.-...........-, .. """'-"-"-'- nle'<l I'iI .~,-"'"''''~-~.~--- ~ .. 17F EXHIBIT A PERMITTED USES IT ALlAN AMERICAN CLUBHOUSE CPUD COMMERCIAL AREA No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses and Structures - Tract A: 1. Permissible Land Uses: SIC Group 1. Civic, social and fraternal associations (8641 ) II. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals, pursuant to the LDC. Permitted Accessory Uses and Structures - Tract A: 1. Uses and structures that are accessory and incidental to the above principal uses including recreational facilities for a civic, social or fraternal organization, including bocce ball outdoor area, signs, water management facilities, and covered parking. III. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. Principal Uses and Structures - Tract B: 1. Permitted Principal Uses and Structures: Permissible Land Uses - CI (Modified): Commercial Professional & General Office Permitted Use (SIC Group in Parenthesis) 1. Accident & Health Insurance Services (6321) 2. Accounting services (8721 ) 3. Adjustment services (7322) 4. Advertising (consultants) agencies (7311 ) 5. Architectural services (8712) 6. Auditing service, accounts (8721 ) 7. Banks, Federal Reserve (6011) 8. Banks, commercial: national (6021) 9. Banks, commercial: not chartered (6029) 10. Banks, commercial: state (6022) August 25,2009 .~ ---_._-'-~".~ ~ . -"'.-,,""--'-" ..._,.~~~._- - 17F 11. Banks, savings: Federal (6035) 12. Banks, savings: not federally chartered (6036) 13. Barber Shops. except for barber schools (7241 ) 14. Beauty Shops, except for barber schools (7231 ) 15. Bookkeeping Services (8721) 16. Business Consulting Services, not elsewhere classified (8748) 17. Civic, social and fraternal associations (8641) 18. Collection Services (7322) 19. Commodity Contracts Brokers & Dealers (6221 ) 20. Computer maintenance and repair (7378) 21. Computer processing services (7374) 22. Computer programming services (7371) 23. Credit clearinghouses (7323) 24. Credit Reporting Services (1323) 25. Credit unions, Federal (6061 ) 26. Credit unions. State: not federally chartered (6062) 27. Data processing consultants (7379) 28. Data processing services (7374) 29. Debt counseling, no other miscellaneous services (7299) 30. Dentist office/clinic (8021) 31. Direct mail advertising service (733 1) 32. Doctors - Medicine offices & clinics (8011) 33. Doctors - Osteopathy offices & clinics (8042) 34. Doctors - Chiropractors offices & clinics (8041 ) 35. Engineering services: limited to industrial, civil, electrical. mechanical, marine and design (8711) 36. Essential Services, subject to LDC 2.01.03 including existing radio and television broadcasting and communications equipment (3663) 37. Fire, Marine & Casualty Insurance Services (6331) 38. Health practitioners - not elsewhere classified (8049) 39. Home health care services (8082) 40. Hospital & Medical Healthy Services (6324) 41. Insurance Carriers, not elsewhere classified (6399) 42. Investment Advice (6282) 43. Life Insurance Services (6311) 44. Land Subdividers & Developers (6552) 45. Landscape architects, consulting & planning (0781 ) 46. Legal services (8111 ) 47. Loan brokers (6163) 48. Management Services (8741) 49. Management Consulting Services (8742) 50. Mortgage Bankers & Loan Correspondents (6162) 51. Miscellaneous Business Credit Institutions (6159) 52. Membership Organizations, not elsewhere classified (8699) 53. Optometrists - offices & clinics (8042) 54. Pension, Health and Welfare Funds Services (6371) 55. Personal Credit Institutions (6141) 56. Photographic Studios, Portrait (7221 ) 57. Podiatrists - offices & clinics (8043) August 25, 2009 )~ - - , . J . .'--.~.. ""..'_,.....'''..,,,,,'.'...._1 . ..."- I?F 58. Public Relations Services (8743) 59. Radio, Television & Publishers Advertising Representatives (7313) 60. Real Estate Agents and Managers (6531) 61. Secretarial and Court Reporting Services (7338) 62. Security Brokers, Dealers & Flotation Companies (6211) 63. Security and Commodity Exchanges (6231) 64. Services Allied with the Exchange of Securities or Commodities, not elsewhere classified ( 6289) 65. Shoe Repair Shops and Shoeshine Parlors (7251 ) 66. Short-Term Business Credit Institutions, except agricultural (6153) 67. Surety Insurance Services (6351 ) 68. Tax Return Preparation Services (7291) 69. Title Abstract Offices (6541) 70. Title Insurance Services (6361) 71. Travel Agencies (no other transportation services) (4724) 72. Veterinary Services, excluding outdoor kenneling (0742) II. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals, pursuant to the LDC. Permitted Accessorv Uses and Structures - Tract B: I. Uses and structures that are accessory and incidental to the above principal uses including signs, water management facilities, and covered parking. III. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. August 25, 2009 (f ~ "..._.".'--_.,."..,....__..-,~ ~"",,",,,,,",",~._.,--,,- 17F EXHIBIT B DEVELOPMENT STANDARDS IT ALlAN AMERICAN CLUBHOUSE CPUD Development of the Italian American Clubhouse CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan (SDP), excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district, the C-I, Commercial Professional and General Office District, of the LDC shall apply. Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or final subdivision plat. TABLE I COMMERCIAL DEVELOPMENT STANDARDS A. PRINCIP AL STRUCTURES MINIMUM LOT AREA N/A MIMINUM LOT WIDTH N/A MINIMUM FRONT YARD 25 feet MINIMUM SIDE YARD 25 feet MINIMUM REAR YARD 25 feet MIMINUM DISTANCE BETWEEN 1;2 the sum of the building height PRINCIPAL STRUCTURES MAXIMUM BUILDING HEIGHT 3 stories, not to exceed 40 feet zoned building height or 45 feet actual building height B. ACCESSORY STRUCTURES FRONT SETBACK 1 5 feet SIDE SETBACK I 0 feet REAR SETBACK 1 0 feet MINIMUM DISTANCE BETWEEN 1 0 feet ACCESSORY STRUCTURES MAXIMUM BUILDING HEIGHT NOT 1 story, 25 feet zoned building height and 30 TO EXCEED feet actual building height GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. .^.1l!;1i5t 25, 2009 September 3, 2009 \~l <' ._""'_._...~.u'"'___.....___.._.,__._..m_..."~~___~ ""-,,,,,--...,.. ^w.._.,.,~,....,___... ""<1__ ..... ~ -..........""-'-..-----.,..",--,,..------ 17F C. DEVELOPMENT INTENSITY Tract A: The maximum size ofthe Italian American Club or similar other civic, social or fraternal associations shall be 20,000 square feet gross leasable floor area. Tract B: The maximum development intensity for limited commercial and professional offices and related uses shall be 34,000 square feet of gross leasable area. Of the 34,000 square feet for professional offices and limited commercial uses, the maximum size of financial institutions within the overall general office area shall be 4,000 square feet. Additional square footage beyond the allowable 4,000 square feet is permitted as administrative office space to support the financial institution on a second floor or area that is not accessible to the general public to support the financial institution. D. PARKING Parking for the Italian American Club or other civic, social or fraternal association is based on 1 space per 3 seats to meet their onsite parking needs. (See Exhibit E, Deviation No.1). Parking for special events computed at 1 space per 100 square feet over and above the requirement of 1 space per 3 seats shall be met on the adjacent office building parcel located to the east of the Italian American Club on Tract B to meet their offsite special events parking needs. The Italian American Club or similar type of fraternal organization shall enter into a shared parking agreement within the owner of Tract B of this CPUD to meet their parking requirement for special events. E SPECIAL EVENTS 1. "Special events" shall be defined as those events open to the general public, such as but not limited, to fairs, celebrations, festivals and other such events that require parking on Tract B. 2. Except for "special events," the maximum capacity at the social club on Tract A shall be limited to 300 people. 3. The applicant shall use the shared parking for any special events on Tract A that necessitate more than 100 parking spaces, and shall seek a temporary use permit to do so to determine whether adequate parking is available. 4. Temporary grass parking spaces for users of Tract A shall be permitted on Tract B until Tract B is developed. These temporary spaces shall be located along the perimeter of Tract B and shall be compacted, stabilized, well-drained and surfaced with a durable grass cover. In addition, all driveways, access aisles and handicap spaces shall be paved. 5. Once Tract B is developed, parking on Tract B by users of Tract A shall be prohibited during any of the operating hours of the uses permitted on Tract B, including weekends and holidays. i\llgllst 25, 2009 September 3, 2009 \~ {- --,".,,~--",----- ..... . -'.,"'~'''''''' ~_.-,_" ""d..~.....;,,"'_ jI _ ~ ..----... 17F 6. No special events shall be permitted on the site past 11 p.m. F. PRESERVE AREA No preserve area is required. G. 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I" . \ m . ~ , i liT--- ~ ~ 1;; ffi ; 1 k / ndJ . . , ~ ''1'" , ,,,,,. ... ,~ ",..oc ,u m _ _ _ _ ~ V ~ ~ n ffi I <> f ~ -1.""". _____________________.:L--______________ ."1,,,,<ij'<iI ~ (no) " a 3 N 0 Z ",'.n'"oI'-'''' '0 """,.", "'"',,0' -" OOOl'" ~ ,)".'H', "~'0f"1,,",,",OOO",,"Old:''''''',e,",,^,OOOO'\9:>:l, j ~,""_,~.____.~_,_".,__,'_'~'_~,o_____ ,,-_..~.,'. ..,.,-,,,'..~~-,""--_.._---,_._,-----",--~'~'"-~._~~--- AB.-14141 17F lTALIAR AHERIDAB CLUB Exhibit D LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER, OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCE AT THE'SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE eON N.02014'OO'W., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, FOR A DISTANCE OF 2038.10 FEET; THENCE RUN S.89051'42"W., PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2,FOR A DISTANCE OF 100.07 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBEO, THE SAME BEING A POINT ON THE WEST RJGHT'()F-WAY LINE Of AIRPORT-PULLING ROAD NORTH, STATE R<?AD 31, HAVING A 200.00 FOOT WIDE RIGHT-OF-WAY; THENCE CONTINUE S.890S1t42'W., FOR A DISTANCE OF 660.00 fEET; THENCE RUN N.02014'00"W., FOR A DISTANCE OF 330.00 FEET TO A POINT ON THE SOUTH RIGHT'()F-WAY LINE OF O~NGE BLOSSOM DRIVE, HAVING A 200.00 fOOT WIDE RIGHT-Of-WAY; THENCE RUN.N.890C>1'42ltE., ALONG THE SOUTH RIGHT-OF-WAY LINE Of SAID ORANGE BLOSSOM DRIVE, FOR A DISTANCE O~.OO FEET TO A POINT ON THE weST RIGHT.Of.WAY LINE OF SAID AIRPORT-PULLING ROAD NORTH; THENCE RU S.02014'OO"E., ALONG THE WEST RIGHT-Of-WAY liNE OF SAID AlRPORT-PULLfNG ROAD NORm, FOR A DISTANCE 0 330.00 FEET TO THE POINT OF BEGINNING; CONTAINING 5.00 ACRES, MORE OR LESS. . .,0 . ----~..."._-----~_. ,,--,--,'-.'---' ~~ f ..-..,- >'--'- l'f V'i ....._'...0"'",.,..>.'0.._ ,.'""--~ '"'",... -~.._""'- 17F EXffiBIT E LIST OF REQUESTED DEVIATIONS FROM THE LDC IT ALlAN AMERICAN CLUBHOUSE CPUD 1. Deviation No.1 seeks relief for Tract A from LDC Subsection 4.05.04.G~ Table 17, which requires a minimum of one parking space per 100 square feet for private clubs; or one space per every three seats set up at any given time, whichever is greater to allow the less stringent parking calculation method to prevail so that 83 parking spaces are required for Tract A instead of200. 2. Deviation No.2 seeks relief from LDe Section 4.05.04 D, parking space requirements, which requires that developers providing parking lots in excess of200 parking spaces may surface fifteen percent (15%) of the required off~street parking spaces in grass which shall be compacted, stabilized, well drained and surfaced with a durable grass cover to provide additional overflow parking for special events on Tract B. All grass parking spaces shall be located along the outlying perimeter of the parking lot. Driveways, handicapped spaces and access aisles shall be paved. All grassed parking spaces shall be included in the water management calculations for site development plan review. This deviation is to provide additional overflow parking for special events on Tract B. The proposed grassed parking area win be subject to SDP approval. 3. Deviation No.3 seeks relief from LDC Subsection 5.04.05 .A.l, Temporary Events, which allows non-renewable permits of up to 14 days' duration for special promotional sales or other similar uses~ such that during any calendar year~ the sum total of all permits for such events on the site does not exceed 28 days, to permit special events on the site up to eight times a year and up to five days' duration, for a total of 40 days during any calendar year. Such events would be permitted only on weekends, legal holidays and after 5 :00 pm weekdays. \~ ~ .~'"---""'-" ... -,..~..""-,..,~,-., ><WJ_ 17F EXHIBIT F DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT IT ALlAN AMERICAN CLUBHOUSE CPUD I. TRANSPORTATION REQUIREMENTS 1. An Orange Blossom Drivel Airport Road intersection improvement plan prepared by owner must be a viable project and approved by the Transportation Division prior to any zoning action or development order approval; and construction pursuant to an approved plan must be completed prior to the issuance of any certificate of occupancy for any permitted uses other than the Italian American Club or similar civic, social or fraternal organizations, as limited in the TIS. The Italian American Club CPUD fair share is estimated to be 4.84% and payable at the time of issuance of the first building permit. 2. The clubhouse facility and accessory uses for the Italian American Club or similar civic, social or fraternal organizations shall be excluded from the requirements set forth in Section I, if it can be demonstrated that the transportation impacts of the facility and accessory uses do not require the initiation or construction of Orange Blossom Drivel Airport Road intersection improvements. This determination will be made at the time of SDP approval. 3. The Developer agrees to provide required pedestrian and vehicular interconnections to the parcels to the South and West of this project as approximated by Exhibit C in this docwnent. (Vehicular interconnection to the West is not required). 4. The existing easternmost vehicular access drive onto Orange Blossom Drive shall be removed or permanently closed-off by the property owner prior to the issuance of any certificate of occupancy for any further development or redevelopment of the site. S. Any combination of allowed uses stated in Exhibit A of this PUD shall not be allowed to exceed the maximum square footage or units listed for each catellory of use. The trip generation stated in the Traffic Impact Study (TIS) used for the approval of this zoning action shall be construed as a maximum trip generation (184 total PM peak hour trips~ or 126 adlusted. PM Peak hour net new external trips) for any combination of the allowed uses. The Fair Share payable at the time of issuance of the first building permit shall be 4.84% of the improvements to the intersection of Airport and Orange Blossom Drive. August 25, ZOO9 \~ ~ --".--......- ~... ... w .w 'lUll' "'0/. , -, 17F II. DEDICATION OF RIGHT OF WAY 1. The Developer agrees to dedicate at no cost to Collier County two apportioned tracts of roadway easement right of way in fee simple deed, free of any liens or encumbrances, to Collier County within 60 days of the County's written request, as approximated by Exhibit C - CPUD Master Plan, in this document. COMMON SIGNAGE AND ARCHITECTURAL ELEMENTS 1. Development within the CPUD shall have common site, signage and building architectural elements, including on-site directional signs assisting motorists toward southbound egress through the property to the south should access to the south be available onto Airport Road. These commitments will be satisfied at the time of SDP approval. August 25, 2009 \.. If ~,-"~ ,._-, - ~ >.""'~"" ... "-'<-'~~ 17F EXHIBIT G CONDITIONS OF APPROVAL August 25, 2009 1. Parking on Tract B by patrons of the private club on Tract A shall only be permitted during the club's special events, at which time parking on Tract B shall be permitted by patrons from 6-11 p.m. on weekdays; and on weekends and legal holidays until 11 p.m. 2. No more than 8,500 square feet of the 34,000 square feet of gross leasable area pennitted on Tract B shall be used for medical offices. f ~ ~ .~-_.-_..,~._--","",'''''' , " _.'~~---'~"'....... -~~'----' . 17F ! ~ 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 2009-47 Which was adopted by the Board of County Commissioners on the 15th day of September, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of September, 2009. DWIGHT E. BROCK/,".;,N~. . '_ .', ~/r) Clerk of courtsa:rd. clei~. Ex-officio to BQ~rd'jof . :. ~. County Commi~i~pers ~ ., " ~ I .'" ;, , ~~ .,!(;, ..: ' . .. .,' ." <~)l.,. -~ ~ ". -. ." Polaski, Clerk .~ . ..~. ~-_.- . _.._,_"w -