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Backup Documents 05/26/2009 Item #17B 17 B ? 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: CDESJZonine Date: Petition No. (If none, give brief description): PUDA-2008- aples Botanical Gardens PUD Petitioner: (Name & Address): Ms. Margaret Perry, AI' , 11sonmiller, Inc., 3200 Bailey Lane, Suite 200, Naples, FL 34105; R. Bruce Anderson, Roetzel & Andress, 8S0 Park Shore Dr., 3rd floor, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) The Botanical Gardens, Inc., 4820 Bayshore Dr., Ste D, Naples, FL 34 I] 2; Florida Gulf Coast University Foundation, Inc., 1050 I FGCU Blvd., S., Ft. Myers, FL 33965 Hearing before BCC BZA Other Requested Hearing date: Mav 26, 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 PUDA-2008-AR-13792, Naples Botanical Garden, Inc. and the Florida Gulf Coast University Foundation, Ine" represented by R. Bruce Anderson of Roetzel and Andress LPA; and Margaret Perry, AICP, of Wilson Miller, Inc., are requesting an Amendment to Ordinance Number 03-29, The Naples Botanical Garden Planned Unit Development (PUD), by amending Section 4.14, Design Guidelines; Section 6.2, Development Parameters; Section 6.4, Pennitted Uses and Structures to allow interim or temporary structures; Section 6.5 Development Standards so the interim or temporary structures have a greater setback distance than the principal structures; revisions to Section 7.2, Transportation Commitments of the PUD Document; and adding Section 7.6 to provide Deviations from the Land Development Code (LDC). The subject property (171.2:>: acres) is located at 4820 Bayshore Drive at the southwest corner of the intersection of BayshoTe Drive and Thomasson Drive, in Section 23, Township 50 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes PO Number: 45000096189 for Account: 068779 No If Yes. what account should be charged for advertising costs: SIvU: 4 /2.// ocr Datcl List Attachments: DISTRIBUTION INSTRUCTION~ A, For hearings before Bec 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 Office, retaining a copy for file. *.*.*....*....*.***...****************.*****************..**.***....***...**............***.......... FOR CLERK'S OFFICE USE ONLY: I roll J , D"" R=ivod, ~u/ dl U"" of Publi, bwi"", ~ 2&11/ Dote Ad""""" ~9 """ .". .~ 178 ORDINANCE NO. 09 . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, AMENDING ORDINANCE NO, 03-29, THE NAPLES BOTANICAL GARDEN PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING SECTION 4,14, DESIGN GUIDELINES; SECTION 6,2, DEVELOPMENT PARAMETERS; SECTION 6.4, PERMITTED USES AND STRUCTURES; SECTION 6.5 DEVELOPMENT STANDARDS; AND SECTION 7.2, TRANSPORTATION OF THE PUD DOCUMENT FOR THE NAPLES BOTANICAL GARDEN; BY ADDING SECTION 7.6 TO PROVIDE FOR DEVIATIONS FROM THE LAND DEVELOPMENT CODE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 24, 2003, the Board of County Commissioners approved Ordinance No. 03-29, which established the Naples Botanical Garden Planned Unit Development (PUD); and WHEREAS, said Ordinance Number 03-29 was previously amended by Ordinance Number 04-38 and approved by the Collier County Board of County Commissioners on June 22, 2004 to correct a scrivener's error, WHEREAS, R. BRUCE ANDERSON, representing Naples Botanical Garden, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 03-29, as amended, the Naples Botanical Garden Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Section 4.14, Design Guidelines, of the PUD Document for the Naples Botanical Garden is amended as follows: 4,14 Design Guidelines Words struck thr-01:lgh are deleted; words underlined are added. Page 1 178 A. Development of structures within the Naples Botanical Garden PUD, due to their unique characteristics in a natural setting, shall comply with the Purpose and Intent Section of Division 2.8 Section 5.05.08, Architectural and Site Design Standards of the LDC..M amended, only. Structures within the Naples Botanical Garden PUD will not be consistent with the actual architectural guidelines of Divisi6R 2.8 Section 5.05.08 as amended. The applicant will follow the alternative compliance process for review of architectural and design standards as outlined in Section S.05.08.F. of the LDC as amended, to allow for innovative design of structures within Naples Botanical Garden, except that maintenance, interim or temporary structures do not reauire architectural and design standard review. The applicant shall comply with Section 4.06,05 FOlmdations Plantings of the LDC for interim or temporary structures as well as the maintenance structures. HOVl6yer, the fellovling requirements shall apply: 1. Swetl:H:l!IS shall eemply with Seetlatl 2.8.2.5, Non Commereiel Deyelepmeat ef the LDC, 2, Struotures sRiWl eemply with SeetioR 2.8.5, EX:0t'lptiOO6 Bft8 IRtefln:etMiens efthe tDe where aeeessary t6 alIew fer inao.l&tj';e desigB sf st:ru.etufes within Naples BeQlRiaal GardeR. B. Decorative walls and/or fencing shall be provided in accordance with the standards of Section 2,6.11.1,2 5.03.02,E,2 of the LDC. At a minimum, the two out-parcels depicted on the PUD Master Plan and the overflow parking and/or potential future expansion area on the east side of Bayshore Drive shall meet the requirements of Section 2.6.11.4.2 5,03.02.E.2 of the LDC for a decorative wall. SECTION TWO: Section 6,2, Development Parameters, of the PUD Document for the Naples Botanical Garden is amended as follows: 6.2 Development Parameters The PUD Master Plan, Exhibit "A", depicts the proposed use areas, The maximum development intensity is based on a floor area ration (F.A.R.) of ,05 which translates to a maximum square footage of 372,438 square feet. Institutional, recreational, administrative, research and educational facilities, accessory retail and housing uses including other support facilities are included uses within the 372,438 square feet. Within the allotted development intensity there will be a 200 seat cafe within a 5,000 square foot structure and indoor and outdoor seating areas. An accessory retail use area of up to 5,000 square feet shall also be permitted within the entrance building, Donnitory housing for the research center also is included within the total maximum permitted floor area, Interim or temporary structures may be used to provide the facilities described in Section 6.4. A temporary use oennit is not required, and the interim or temoorary structures shall be approved through the site development plan process, SECTION THREE: Section 6.4, Permitted Uses and Structures, of the PUD Document for the Naples Botanical Garden is amended as follows: 6.4 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or in part, for other than the following: Words struek through are deleted; words underlined are added. Page 2 178 A. Principal Uses: 1. Arboretta and botanical garden (group 8422) 2. Amusement and recreational services (natural wonders and tourist attraction: commercial only) and exhibition operation (group 7999) 3. Non..commercial research organizations (group 8733) 4. Commercial, physical and biological research (group 8731) 5. Commercial, economic, sociological, educational research (group 8732) 6. Auditoriums 7. futerim or temporary structures to provide the princival and accessory uses. The interim or temporary structures shall be allowed for an initial period of three (3) years. If needed. requests for extensions for uses of tile interim or temporary structures beyond three (3) years may be approved administratively for two (2) three (3) year extensions utilizine: the insubstantial chane:e to the approved SDP process. Reauests for additional extensions may be approved by the Board of County Commissioners through the public oetition process. Certificates of occupancy for a permanent structure will not be issued Ulltil the interim or temporary structure housiml a varticular use is removed from the site, SECTION FOUR: Section 6.5, Development Standards, of the PUD Document for the Naples Botanical Garden is amended as follows: B. Minimum Setbacks A minimum setback of fifty (50) feet shall be maintained on all sides of the property for principal structures, However, the existing administration building located at the intersection of Bayshore Drive and Thomasson Drive shall be permitted a minimwn setback of fifteen (15) feet from Bayshore Drive after the optional conveyance of right- of-way for the widening of Bay shore Drive. The interim or temoorary structures shall be set back a minimum of three hundred (300) feet from the property line along Bayshore Drive. five hundred (500) feet from the proPerty line along Hamilton Avenue and the southern property boundary and one hWldred fifty (50) feet from the proDertv line along. Thomasson Drive. Maintenance structures along Bayshore Drive shall be permitted a minimum setback ofthirty (30) feet, Accessory structures shall be set back twenty (20) feet from property lines where landscaping buffers are required. SECTION FNE: Section 7.2, Transportation, of the PUD Document for the Naples Botanical Garden is amended as follows: H. The developer shall provide 5-foot wide sidewalks inclusive of bike lanes along the length of its property limits on hm Stret!t, Thomasson Drive and along Bayshore Drive from Thomasson Drive to the out parcel located on the west side ofBavshore Drive opposite Republic Drive consistent with LDC provisions and the following: I. All sidewalk and bike lane design criteria used shall be in accordance with the Minimum Standards, as adopted by the Florida Department ofFDOT - Design Standards, as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. Words strack through are deleted; words underlined are added, Page 3 178 '." 2. The developer shall provide a 5-foot wide sidewalk along the length of its property limits on Fern Street, Thomasson Drive and on Bayshore Drive from Thomasson Drive to the out parcel located on the west side of Bayshore Drive a point opposite the overflovl parking lot. Pursuant to the provisions of the Land Development Code. the develol,?er shall provide a payment 0[$78.125.00 (based upon FDOT standards) in lieu of constructimr a sidewalk along the east side of Hamilton Avenue and a sidewalk along the west side of Bayshore Drive from the out parcel opposite Republic Drive to the preserve area. This payment in lieu will be used for sidewalk improvements along Bavshore Drive as part of the Bavshore Drive South improvement proiect. Five-foot wide sidewalks shall be constructed in accordance with County Standards. No sidewalk nor sidewalk mitigation shall be required where: Bayshore Drive abuts a preserve area. 3. Phase I will iRelude B side"'lBlk BleRg the west Bide efBayshefe 'Dfi"'.'(I! hat RaYBhefe Drive and Thomasson Drive k) the flrojeet's me:iB effifeftee. Another siEle'.veAk will be provided along the south side (';If Thomassen Drive frem the interGeetien of ThORlaOOOR Drive and Bayshare Dri~'e to the &xisting entrlltlee into the parking lot. AH ether sidev.<a1ks shall be pro-.'ided in two (2) year meremeats WI eaeb phase is completed and net t8 eKeeea a teml period of six (6) years. I. The developer. his successors. or assisms shall provide a fair share contribution toward the capital cost ofa traffic signal and turn lanes (or alternative intersection roundabout desism) at the intersection of Bavshore Drive and Thomasson Drive at such time that the improvements are constructed. Payment shall be provided to the applicable Public agencv(ies) responsible for designing and constructin~ the improvements. ifju&tified hy apprapriate traffie ".'&ITwH:s, ], The developer(s) shall provide a seoarate right turn lane on Bavshore Drive for the southbound to westbound traffic movement into the Main EntrancelVisitor Parking Area. iHla all 9ite related 1flHlap6ftatlea improvemefit(s) i:fteffilling, but not limited 00, &By and all Reeessary tW'n lBfle(s) imprevemem(s) at the deyelopment entranee(s) prior te the issUBflee sf the fH'st perme.Reftt CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. Wben said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary. right- of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by the Collier County Transportation Staff. The sOOje()t develef3ffieat t~ lwe ilBpfovemeAts shaJl be as follews: 1. Oa the west appreaek ef Themassaft on'/e, the sepafiite left turn hme for the eaGtheana ta n0J1h.baund tmffia m9Y8meftt aRt-e Bay&hore Drive shall be ImgtfleRea as rel1Hiree. t9 facilitate left tl:l{'flfi at this interseetiOR fer ..ebides eKiting ento Themasson Drive, 2. 08 the south approach of Bay shore Drive, en additiooal lane [-or northbeU8:G tmffie shall be provided to facilitate throogh, left turn and right turn mO".'e1'fteBt9 at Thomasson Drive, This Ildditioaal hme shall extend south frElm TlulmBS9Elfl Dri.'tl to the Main Entranee/Visiter Parking Area (approximately 960 feet). 3. On the north Bpproaeh ofBaYBhere Dri'le, a sefJa.rate right turn lane for the seuthbeood to weGt.aeund Wliffie mevement into the Mail'} ootraooeNisitar Parkmg AFea shall ee pr-avided. Words struck through are deleted; words \!Ilderlined are added, Page 4 178 .~ 4, Oft the seuth &pJ3raaeh afBIlYSRefe Driv-a, Il s0J3erate left turn laRe fer the AortheeWlQ t9 '.vestbollnd waffle ftlEWemeflt iRk'} the Mwn EntraneeNisiter Per-kiag Area shall b0 pr8'Yieee. if saia imJ3fewemeftt is aetetmiaed necessary after the e'lertlew parlEiBg faeility eft the east side of BaysBere Drive is impra';edlepened, IrK. All turn lane design criteria shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FOOT) - Design Standards, as amended, as required by Florida Statues ~ Chapter 316, Uniform Traffic Control Law, The turn lane queue length determinations shall be in accordance with the criteria/calculations within the Highway Capacity Manual- Chapter 17. M-L. All work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance. N-M, If a gate is proposed at any and/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways, Gates shall be recessed a minimum of 50 feet from the edge of the public roadway for the main/visitor's entrance; the research/education entrance and overflow parking entrances and/or potential future expansion area. Gates at other locations shall be a minimum of 25 feet from the edge of the roadway, SECTION SIX: The PUD Document for the Naples Botanical Garden is amended to include new Section 7.6, Deviations from the LDC, as follows: 7.6 Deviations from the LDC 1. Deviation from LDC Section 5.03.02.A.1.a,i. Chain link fence shall be t>ermitted to be constructed at the preserve boundary on the southern property line and chain link fence shall be permitted and set back a minimum often (10) feet from the public rig;ht-of-way. except when located adjacent to a preserve where the setback shall be a minimum of five (5) feet. 2. Deviation from LDC Section 5.03.02.A.l,a.ii.(a). Black chain link fence shall be permitted at a height of five (5) feet. If the applicant opts to use the black chain link fence it may be used along the southern property line. Thomasson Drive and Hamilton Avenue. and the portion ofBavshore Drive where the preserves are located, 3, Deviation from LDC Section 5,05.08, Maintenance. interim or temporary structures do not reouire architectural and design standard review. SECTION SEVEN: The PUD Master Plan for the Naples Botanical Garden PUD is as indicated on Exhibit "A," attached hereto. SECTION EIGHT: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State, Words struck through are deleted; words underlined are added.tPage 5 .. ...~. ...,.:~,~~;..,.~.~ '.......,i;,~,;:.: --,,~.; ",.. _._-,._~~"- 178 '1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2009. AITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman . Deputy Clerk Approved as to Form and legal Sufficiency STEVEN T, WILLIAMS i'f...,) Assistant County Attorney .,. 7'()~ Attachment: Exhibit A - PUD Master Plan Words struck throagfl are deleted; words underlined are added. Page 6 , II ., I II 1""_3_.!! I r. '. .1.. . . I.~-j~'tlllo" "j." .=;: i 'I .I,gl !iAS_.' ....; I ;~~;' - I ~ i I ; e ~ II; Iii h" ! f r J q i I !2j:;a ~ j !l , ~ r ~ i!J .. I ~ I. ! I i ~ i I I uill ! duUr 13 ~~ II mnf1m.fil~ Iii I U ~~ . as UJUl::J~trllli2:l n !! ~as ~l n ~.A I!! IIi :! le,~i t/i J! fI i" g h i i~; 'I; I ~ ifhi ! I,dl! ~ III'" ~ ~~,J=J z- I' ,! ir I' ,I,i I" ;;.=-:( \;0_______ i I ,. " " " " " 17B I -I ~: I t If ~. g' ~ .; IS I ~ ci ,; .0: l " " ~ I ~ 5 i I <> i i I I I J ! . I , ~ 'tq ! ~ . I J I I J I J I I , 17B Acct. #068779 April 27, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 RE: PUDA-2008-AR-13792, Naples Botanical Gardens PUD Dear Legals: Please advertise the above referenced petition on Sunday, May 10,2008, 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 178 . . NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 26, 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. 03-29, THE NAPLES BOTANICAL GARDEN PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING SECTION 4.14, DESIGN GUIDELINES; SECTION 6.2, DEVELOPMENT PARAMETERS; SECTION 6.4 PERMITTED USES AND STRUCTURES; SECTION 6.5, DEVELOPMENT STANDARDS; AND SECTION 7.2, TRANSPORTATION OF THE PUD DOCUMENT FOR THE NAPLES BOTANICAL GARDEN; BY ADDING SECTION 7.6 TO PROVIDE FOR DEVIATIONS FROM THE LAND DEVELOPMENT CODE AND PROVIDING AN EFFECTIVE DATE. PETITION: PUDA-2008-AR-13792, Naples Botanical Garden, Inc. and the Florida Gulf Coast University Foundation, Inc., represented by R. Bruce Anderson of Roetzel and Andress LPAj and Margaret Perry, AICP of Wilson Miller, Inc., are requesting an Amendment to Ordinance Number 03-29. The Naples Botanical Garden Planned Unit Development (PUD,by amending Section 4.14, Design Guidelinesj Section 6.2, Development Parametersj Section 6,4, Permitted Uses and Structures to allow interim or temporary structuresj Section 6.5 Development Standards so the interim or temporary structures have a greater setback distance than the principal structuresj revisions to Section 7.2, Transportation Commitments of the PUD Documentj and adding Section 7,6 to provide Deviations from the Land Development Code (LDC). The subject property (171.2 +/- acres) is located at 4820 Bayshore Drive at the southwest corner of the intersection of Bayshore Drive and Thomasson Drive, in Section 23, Township 50 South, Range 25 East, Collier County, Florida. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard, NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of 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. 178 Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with 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 Vergaral Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts ('ie~~t}E:9'reQllier CLERK OF filE jt~RC\JIT COURT COLLIER COUNTY ,tOUR~}lOUSE 3301 TAMIAMI tlMIL EAST P.O. BOX 413044 NAPLES, FLORIDA\~41 0 1-3Q44 ~h.( " ":1_Tr( 178 Clerk of Courts Accountant Auditor Custodian of County Funds :;t.J April 27, 2009 Wilson Miller, Inc. Margaret Perry, AICP 3200 Bailey Lane Suite 200 Naples, FL 34105 RE: PUDA-2008-AR-13792: Naples Botanical Gardens PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 10, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk ~ Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: colliercJerk@collierclerk.com Dwight E. Brock Clerk of Courts ';3~n.-~~~Y~~Ofeqllier CLERK OF THE l3lRCtJIT COURT COLLIER COUNTY,COURTHOUSE 3301 TAMIAMI 1"BAIL EAST P.O, BOX 4b044 \ NAPLES, FLORIDA"t41 0 1-3044 'l ;;J.JI Ft~:~ { 178 l Clerk of Courts Accountant Auditor Custodian of County Funds ,:.,;:: ,./ April 27, 2009 The Botanical Gardens, Inc. 4820 Bayshore Drive Suite D Naples, FL 34112 RE: PUDA-2008-AR-13792: Naples Botanical Gardens PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 10,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK /1ii1L Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts i'W-~~'-----~'~'~~'''--'''';'-",\ ":et}w.nty~pf'eq IIi er {L jr'-'" f~~ CLERK OF THE (SIRCDIT COURT COLLIER COUNTY 1::OUR1HOUSE 3301 TAMIAMI ~IL EAsT p.o. BOX 4~3044 \ NAPLES, FLORIDA~1101-3Q44 178 ",\)/. . d~ \ "" Clerk of Courts Accountant Auditor Custodian of County Funds ~~\,,',) April 27, 2009 Florida Gulf Coast University Foundation, Inc. 10501 FGCU Blvd. South Ft. Myers, FL 33965 RE: PUDA-2008-AR-13792: Naples Botanical Gardens PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 10, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts r""-""_. ~"..~., ~;erlwnf}L:~6feQ llier ~y^,l'? \., CLERK OF THE t~Rc0IT COURT COLLIER COUNTY 'cOURTHOUSE 3301 TAMIAMI o/IL K\ST P.O. BOX 41.3044 \ NAPLES, FLORIDA:]4101-3044 7~/ ',~,');;' 17B Clerk of Courts Accountant Auditor Custodian of County Funds April 27, 2009 Roetzel & Andress R. Bruce Anderson 850 Park Shore Drive 3 rd Floor Naples, FL 34103 RE: PUDA-2008-AR-13792: Naples Botanical Gardens PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 10,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239)252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 178 Martha S. Vergara From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, April 28, 20094:53 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT440530.txt; PUDA-200B-AR-13792 - Naples Botanical Gardens PUD '[8 !- ,~ -' f~.~.; ./1 .. U ATT440530.txt PUDA-2008-AR-137 (231 B) 92 - Naples Bo... 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 Page 1 of 1 178 J Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, April 28, 2009 4:53 PM To: 'Iegals@naplesnews.com' Subject: PUDA-2008-AR-13792 - Naples Botanical Gardens PUD Attachments: PUDA-2008-AR-13792.doc; PUDA-2008-AR-13792.dot 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 (mC3r1:hc:l_,YeIQC3J:c:l@!;:_QJ1ieJ:derk,!;:Qm) 4/28/2009 Page 1 of 1 17 B ., ( f Martha S. Vergara From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Wednesday, April 29, 2009 8:21 AM To: Martha S. Vergara Subject: RE: PUDA-2008-AR-13792 - Naples Botanical Gardens PUD ok From: Martha S. Vergara [mailto:Martha.Vergara@colliercierk.com] Posted At: Tuesday, April 28, 20094:53 PM Posted To: Legals - NDN Conversation: PUDA-2008-AR-13792 - Naples Botanical Gardens PUD Subject: PUDA-2008-AR-13792 - Naples Botanical Gardens PUD 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 (martJla--, vesgara@colliercierk.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. 4/29/2009 Naples Daily News Naples, FL 34102 Affidavlt of Publication Naples Daily News - - - - - - ~ - - - - ~- - - - - - - - - - - ~ ~ - - - ~ - - - - - - - - - ~ - - - ~ - - - - ~ - + - - BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59574428 4500096189 2008-AR-13792NOTICE State of Florida County of Collier Before the undersigned authority, personally appeared Chris Doyle, who on oath says that he serves as the President and Publisher 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: 05/10 05/10 AD SPACE: FILED ON: 196 LINE 05/11/09 17B Signature of Affiant - -;:-: t~ ~ ~ -;/;:]2- - - - - - + ~ - - ~ - ~ - - - - - - - - - - - - ~ - - - - - Sworn to and Subscribed before me this l~\ day of Personally known by me C~"'L1 ,. ~, __ C'" x... fY)(t__c\ 200C( CJ,,~j~. . & ,,,)11.,,,.., '9i \ UN'" , ,~.. 14 "C- l., I l'iL ,.:' ti \~~ Commission DO 65047"" ~;~::~:;.;.:q~f Expires June 29 ~01'1'" '/~'."'-:'Oq...~ . ,_ 'l~ 'J'8fl!;~\'\~ R0ndfO nru i rov Fain Irsura':(:/j 600-:>/3:) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 B t~~ 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 I!k!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature draw a line throu routin lines #1 throu #4, corn lete the checklist, and forward to Sue Filson line #5 . Office Initials Date 2, gTt.n/c M /I(CJ..,~ 3. (2AO 1, Judy Puig CDES Administration 4, 5. Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person ';ho created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact'staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Melissa Zone Contact Agenda Date Item was 5-26-2009 A roved b the BCC Type of Document Attached Phone Number 252-2958 Agenda Item Number 17B Ordinance & exhibits Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, I, 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. 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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! 6. Tbe document was approved by tbe BCC on ~.~ U ~{')9 (enter date) and all cbang made during the meeting bave been incorporated in the attached document. The Coun Attorne's Office bas reviewed the cban es, ita licable. Yes (Initial v:(J ) I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17B .f ORDINANCE NO. 09 - 26 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 03-29, THE NAPLES BOT ANICAL GARDEN PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING SECTION 4,14, DESIGN GUIDELINES; SECTION 6.2, DEVELOPMENT PARAMETERS; SECTION 6.4, PERMITTED USES AND STRUCTURES; SECTION 6.5 DEVELOPMENT STANDARDS; AND SECTION 7.2, TRANSPORTATION OF THE PUD DOCUMENT FOR THE NAPLES BOTANICAL GARDEN; BY ADDING SECTION 7.6 TO PROVIDE FOR DEVIA TIONS FROM THE LAND DEVELOPMENT CODE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 24, 2003, the Board of County Commissioners approved Ordinance No, 03-29, which established the Naples Botanical Garden Planned Unit Development (PUD); and WHEREAS, said Ordinance Number 03-29 was previously amended by Ordinance Number 04-38 and approved by the Collier County Board of County Commissioners on June 22, 2004 to correct a scrivener's error. WHEREAS, R, BRUCE ANDERSON, representing Naples Botanical Garden, Inc" petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 03-29, as amended, the Naples Botanical Garden Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Section 4.14, Design Guidelines, of the PUD Document for the Naples Botanical Garden is amended as follows: 4.14 Design Guidelines Words struck through are deleted; words underlined are added. Page 1 178 .~ A. Development of structures within the Naples Botanical Garden PUD, due to their unique characteristics in a natural setting, shall comply with the Purpose and Intent Section of Division 2.8 Section 5.05.08, Architectural and Site Design Standards of the LDC~ amended, only. Structures within the Naples Botanical Garden PUD will not be consistent with the actual architectural guidelines of Division 2.8 Section 5.05.08 as amended. The applicant will follow the alternative compliance process for review of architectural and desi!m standards as outlined in Section 5.05.08.F. of the LDC as amended, to allow for innovative design of structures within Naples Botanical Garden, except that maintenance, interim or temporary structures do not require architectural and design standard review. The applicant shall comply with Section 4.06.05 Foundations Plantings of the LDC for interim or temporary structures as well as the maintenance structures. However, the follo'Ning requirements shall apply: 1. Struct1.H'es shall comply with Seotion 2.8.2.5, Non Commercial De'lelopment of the LDC. 2. Struct1.H'es shall comply with Section 2.8,5, Exceptions and Interpretations of the LDC '.vhcre necessary to allow for innovative design of structures 'Nithin Naples Botanical Garden. B. Decorative walls and/or fencing shall be provided in accordance with the standards of Section 2,6.11.1.2 5.03.02.E.2 ofthe LDC. At a minimum, the two out-parcels depicted on the PUD Master Plan and the overflow parking and/or potential future expansion area on the east side of Bayshore Drive shall meet the requirements of Section 2.6.11.4.2 5.03.02.E.2 of the LDC for a decorative wall. SECTION TWO: Section 6.2, Development Parameters, of the PUD Document for the Naples Botanical Garden is amended as follows: 6.2 Development Parameters The PUD Master Plan, Exhibit "A", depicts the proposed use areas, The maximum development intensity is based on a floor area ration (F,A.R.) of ,05 which translates to a maximum square footage of 372,438 square feet. Institutional, recreational, administrative, research and educational facilities, accessory retail and housing uses including other support facilities are included uses within the 372,438 square feet. Within the allotted development intensity there will be a 200 seat cafe within a 5,000 square foot structure and indoor and outdoor seating areas. An accessory retail use area of up to 5,000 square feet shall also be permitted within the entrance building. Dormitory housing for the research center also is included within the total maximum permitted floor area. Interim or temporary structures may be used to provide the facilities described in Section 6.4. A temporary use permit is not required, and the interim or temporary structures shall be approved through the site development plan process. SECTION THREE: Section 6.4, Permitted Uses and Structures, of the PUD Document for the Naples Botanical Garden is amended as follows: 6.4 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or in part, for other than the following: Words struck through are deleted; words underlined are added. Page 2 178 J A. Principal Uses: 1. Arboretta and botanical garden (group 8422) 2, Amusement and recreational services (natural wonders and tourist attraction: commercial only) and exhibition operation (group 7999) 3, Non-commercial research organizations (group 8733) 4. Commercial, physical and biological research (group 8731) 5. Commercial, economic, sociological, educational research (group 8732) 6. Auditoriums 7. Interim or temporary structures to provide the principal and accessory uses. The interim or temporary structures shall be allowed for an initial period of three (3) years, If needed, requests for extensions for uses of the interim or temporary structures beyond three (3) years may be approved administratively for two (2) three (3) year extensions utilizing the insubstantial change to the approved SDP process, Requests for additional extensions may be approved by the Board of County Commissioners through the public petition process. Certificates of occupancy for a permanent structure will not be issued until the interim or temporary structure housing a particular use is removed from the site. SECTION FOUR: Section 6.5, Development Standards, of the PUD Document for the Naples Botanical Garden is amended as follows: B. Minimum Setbacks A minimum setback of fifty (50) feet shall be maintained on all sides of the property for principal structures. However, the existing administration building located at the intersection of Bayshore Drive and Thomasson Drive shall be permitted a minimum setback of fifteen (15) feet from Bayshore Drive after the optional conveyance of right- of-way for the widening of Bayshore Drive, The interim or temporary structures shall be set back a minimum of three hundred (300) feet from the property line along Bayshore Drive, five hundred (500) feet from the property line along Hamilton Avenue and the southern property boundary and one hundred fifty (150) feet from the property line along Thomasson Drive. Maintenance structures along Bayshore Drive shall be permitted a minimum setback ofthirty (30) feet. Accessory structures shall be set back twenty (20) feet from property lines where landscaping buffers are required. SECTION FIVE: Section 7.2, Transportation, of the PUD Document for the Naples Botanical Garden is amended as follows: H. The developer shall provide 5-foot wide sidewalks inclusive of bike lanes along the length of its property limits on Fern Street, Thomasson Drive and along Bayshore Drive from Thomasson Drive to the out parcel located on the west side of Bay shore Drive opposite Republic Drive consistent with LDC provisions and the following: 1. All sidewalk and bike lane design criteria used shall be in accordance with the Minimum Standards, as adopted by the Florida Department of FDOT - Design Standards, as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. Words struck through are deleted; words underlined are added, Page 3 178 ;,f 2. The developer shall provide a 5-foot wide sidewalk along the length of its property limits on Fern Street, Thomasson Drive and on Bayshore Drive from Thomasson Drive to the out parcel located on the west side of Bavshore Drive a point opposite the overflow parking lot. Pursuant to the provisions of the Land Development Code, the developer shall provide a payment of $78,125.00 (based upon FDOT standards) in lieu of constructing a sidewalk along the east side of Hamilton Avenue and a sidewalk along the west side ofBavshore Drive from the out parcel opposite Republic Drive to the preserve area. This payment in lieu will be used for sidewalk improvements along Bavshore Drive as part of the Bayshore Drive South improvement proiect. Five-foot wide sidewalks shall be constructed in accordance with County Standards. No sidewalk nor sidewalk mitigation shall be required where Bayshore Drive abuts a preserve area. 3. Phase I 'Nill include a sidevlulk along the "ycst side of Bayshore Driye from Bayshore Drive and Thomasson Drive to the projeet's main entrance. ;\nother sidey;alk 'Nill be provided along the south side of Thomasson Dri','e from the intersection of Thomasson Dri'le and Bayshore Drive to the existing entrance into the parking lot. All other sideYlalks shall be provided in two (2) year increments as each phase is completed and not to exceed a total period of six (6) years. I. The developer, his successors. or assigns shall provide a fair share contribution toward the capital cost of a traffic signal and turn lanes (or alternative intersection roundabout design) at the intersection of Bavshore Drive and Thomasson Drive at such time that the improvements are constructed. Payment shall be provided to the applicable Public agencv(ies) responsible for designing and constructing the improvements. if justified by appropriate traffic warrants. J. The developer( s) shall provide a separate right turn lane on Bayshore Drive for the southbound to westbound traffic movement into the Main EntranceNisitor Parking Area. and all site related transportation improvement(s) including, but not limited to, any and all necessary tumlane(s) improyement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits, When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right- of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by the Collier County Transportation Staff. The subject development tumlane improvements shall be as follo''vs: 1. On the west approaeh of Thomasson DriYe, the separate left turn lane for the eastbound to northbound traffic movement onto Bayshore Drive shall be lengthened as required to facilitate left tums at this intersection for vehicles exiting onto Thomasson Dri';e. 2, On the south approach of Bayshore DriYe, an additional lane for northbound traffic shall be provided to facilitate through, left turn and right turn moyements at Thomasson Drive. This additional lane shall extend south from Thomasson Drive to the Main Entrance/Visitor Parking ,\rea (approximately 960 feet). 3. On the north approaeh of Bayshore Drive, a separate right tumlane for the southbound to westbound traffic movement into the Main Entrance/Visitor Parking ;\rea shall be provided. Words struck through are deleted; words underlined are added, Page 4 178 4. On the south approach of Bayshore Drive, a separate left turn lane fDr the northbound to 'lIestbound traffic movement into the Main Entrance/Visitor Parking Area shall be pro'/ided if said improvement is determined necessary after the overflov{ parlcing facility on the east side of Bay shore Drive is improved/opened. :b-K. All turn lane design criteria shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Design Standards, as amended, as required by Florida Statues - Chapter 316, Uniform Traffic Control Law. The turn lane queue length determinations shall be in accordance with the criteria/calculations within the Highway Capacity Manual- Chapter 17. M-1. All work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance. N-M. If a gate is proposed at any and/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways, Gates shall be recessed a minimum of 50 feet from the edge of the public roadway for the main/visitor's entrance; the research/education entrance and overflow parking entrances and/or potential future expansion area. Gates at other locations shall be a minimum of 25 feet from the edge of the roadway. SECTION SIX: The PUD Document for the Naples Botanical Garden is amended to include new Section 7.6, Deviations from the LDC, as follows: 7.6 Deviations from the LDC 1. Deviation from LDC Section 5.03.02.A.1 ,a.i. Chain link fence shall be permitted to be constructed at the preserve boundary on the southern property line and chain link fence shall be permitted and set back a minimum often (0) feet from the public right-of-way, except when located adiacent to a preserve where the setback shall be a minimum of five (5) feet. 2. Deviation from LDC Section 5.03.02,A,1.a.ii.(a). Black chain link fence shall be permitted at a height of five (5) feet. If the applicant opts to use the black chain link fence it may be used along the southern property line, Thomasson Drive and Hamilton Avenue, and the portion of Bayshore Drive where the preserves are located, 3, Deviation from LDC Section 5.05.08. Maintenance, interim or temporary structures do not require architectural and design standard review. SECTION SEVEN: The PUD Master Plan for the Naples Botanical Garden PUD is as indicated on Exhibit "A," attached hereto. SECTION EIGHT: Effective Date, This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. Words struck through are deleted; words underlined are added, Page 5 178 ~~~f ..:. . PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisdlJ; day Of~, 2009, .\ . ArtmiT:' nWIffi.HTE, B'.RO~,:Clerk BOARD OF COUNTY COMMISSIONERS COLLIER TY, FLORIDA ~d~ BY: DONNA FIALA, Chairman Approved as to Form and legal Sufficiency ~ 7.wlL STEVEN T. WILLIAMS ,:.J Assistant County Attorney '~.1'o'l Attachment: Exhibit A - PUD Master Plan Words struck through are deleted; words underlined are added. Page 6 ~~ ..' ! ~,' ., ! .~ 3 L;511' :: ~ 'li~ '" l :r:l tl ~ j ~ ~ I , i g .t:;:~:2 ~ . ~ l' :ij;i "i ~ 0 " ~~ en "" fl! ~ ~ ~ ~~ ,. II. ,~ illil ~ i;~~Q Q ..,!!P: ~ ~;II~liili ~ "'~ ~ l'J... ~ t: .. ~ .. ~ " ... ~ ~ ~ ~ ! , ! , ~ ~ l i ~ ~ ~ ~ : ~ i ~ II: i" h ! J ~ i ~ rnoDDDD~ , ~ ~ ! - , ~-~. . , ~ i~ · Ii ~ , , , - , ^ , ~:s '0 ~~ ~9 ~~ 8;_ I' e ~o;:; ~~R " 91 g~'" " f[~ ~2: ~~ , i , ~ I I ~ .! I ~ 8 : ~ ;:r 1lI ~~ II q ~p II , I "111'111 iii~;.!I~ . ,III _."-=:'-"- . . ~ . . :~ ; 'I;:. !.: I ~~;, ~\5 ___----"1;_ _ -. n IE; i::'" ----"; '<:<----------~.~.::--..= -~-::.'-- _~3~ i", la:' o '.!: :1: !~: ;'1 Ii'. " Ii: _ "_0: _:~--~,..--c:-~-"~:.---~ ~:; ~ 3i"iN3m NOlllM'H IltJi:t _'.ig , l I ~ 8 ~ $ ~ ~ .~ w t; ~ ci ~ ~ 1 i ;. .. ,.1' " ~~ u < 15 z' 0 w ~ 0' ~ ~' ~ ' <i 5 ~ ~ g 6 m m ~ ~ ~ ~ < ~ z < z c i ~ , ~ I I i' I .! j' ~l ! ~ I' i 1"1 ~ ill ,,- lil ! - - -- jl I qii :1 179 . ~ 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 2009-26 Which was adopted by the Board of County Commissioners on the 26th day of May, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boa~gn~f County commiss~.9If.ek.s.. ..t-'~it.. )-.' '.1 By: Martha Deputy , ' \,~>,A