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Agenda 07/22/2008 Item #17KAgenda Item No. 17K July 22, 2008 Page 1 of 128 EXECUTIVE SUMMARY RZ-2008 -AR- 12842: Toll - Rattlesnake, LLC, represented by Robert Duane, AICP, of HoleMontes Inc., is requesting a rezone of the easternmost 10± acre portion of the First Assembly Ministries Education & Rehabilitation PUD from the Planned Unit Development (PUD) zoning district to the Agricultural (A) zoning district. The subject property is located along the northern side of the extension of The Lord's Way, in Section 14, Township 50, Range 26, Collier County, Florida. (Companion to Petition PUDA- 2007 -AR- 12043) To have the Board of County Commissioners (BCC) consider an application to rezone the above referenced property zoned PUD to the Ag=ricultural zoning district. CONSIDERATIONS: The subject 10 -acre site was included in the rezone for the First Assembly Ministries Education and Rehabilitation Campus Planned Unit Development (PUD) with the adoption of Ordinance Number 99 -59 on September 14, 1999. That project is partially constructed with a place of worship and rehabilitation units within mobile homes. The petitioner now proposes to remove this 10 -acre site from this PUD because it is to be included in the legal description for a proposed rezone to the Toll- Rattlesnake DRI /PUD project which is currently on hold due to request by the petitioner to the Southwest Florida Regional Planning Council for the DRI petition to be allowed more time to "facilitate continued analysis of transportation and mitigation of projected impacts; continued analysis of potential site impacts and opportunities to reduce impacts within environmentally sensitive lands as well as on -going discussions with stakeholders" [Excerpt from the applicant's agent's April 4, 2008 letter to the Southwest Florida Regional Planning Council]. As noted in the staff report, rezoning the 10 acres to the Agricultural zoning district will "hold" the parcel until the Toll- Rattlesnake petitions are ready for public hearings and allow the First Assembly PUD to be amended so the parties involved in that project can go forward with their development plans. No development has occurred on the 10 acre site to date. Because the proposed Agricultural zoning request is being done as a temporary measure as explained above, there are no development plans proposed as part of this rezoning. Actual development plans for the subject site will be addressed as part of the Toll - Rattlesnake petitions. A companion petition, PUDA- 2007 -AR- 12043, for the First Assembly Ministries PUD is required to revise the legal description and Master Plan to reflect the lessing out of the subject 10 -acre site. Toll- Rattlesnake, RZ- 2008 -AR -12842 Executive Summary for July 22, 2008BCC Page 1 of 5 Agenda Item No. 17K July 22. 2008 Page 2 of 128 FISCAL IMPACT: The rezoning, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the rezoning is approved, a portion of the land could be developed. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of coneurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Mixed -Use District, Urban Residential Fringe Subdistrict as identified on the Future Land Use Map (FLUM) of the GMP. This Subdistrict allows residential density of 1.5 dwelling units per acre (du/ac) and a variety of community facility, recreation, essential service and other uses generally allowed throughout the Urban designation. The Rural Agricultural zoning district allows maximum residential density of 0.2 du /ac. (1 du per 5 ac.), a variety of agricultural uses, and numerous conditional uses (e.g., child care facility, church, adult living facility). Specific uses for this subject site have not been determined; uses for this site will be addressed as part of the Toll - Rattlesnake DRI and PUD petitions. In order to promote smart growth policies, and adhere to the existing development character of Collier County, adherence to Policies 7.1 and 7.3 is required. Policy 7.1 encourages connection to collector and arterial roads. This subject site does not currently have frontage on an arterial or collector road. Currently, The Lord's Way is a private roadway and the petition appears to be entitled to access thru private covenants. If the site is developed as part of the Toll- Rattlesnake project, access will be incorporated into that project's internal roadway network. Policy 7.3 encourages new and existing developments to provide interconnection to other development. The petitioner has not (nor is he required to) submit a site plan for review as part of the rezoning request. Access issues will be addressed either in subsequent rezoning actions or as part of the site plan approval process. As noted above, if the site is developed as part of the Toll - Rattlesnake project, access will be incorporated into that project's internal roadway network. Toll- Rattlesnake, RZ- 2008 -AR -12842 Executive Summary for July 22, 2008BCC Page 2 of 5 Agenda Item No. 17K July 22, 2008 Page 3 of 128 Transportation Element: Transportation Division Planning staff has reviewed the proposed rezoning petition included in the application back -up material to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policies. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five -year planning period unless specific mitigating stipulations are approved. Because the proposed rezoning can be viewed as a "down- zoning," Transportation staff did not require the petitioner to provide a Traffic Impact Statement (TIS) as part of this request to rezone to the Agricultural zoning district, noting that transportation impacts of any development will be addressed as part of the Toll- Rattlesnake DRI and PUT) petitions currently under review. Transportation Division Planning staff recommends that this petition be found consistent with policy 5.1 of the Transportation Element because the land use action associated with the 10.27 acre "down- zoning" results in a net reduction of trips on the adjacent roadway network. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the petition and determined that the site qualified for Environmental Impact Statement exemption based on the LDC section 10.02.02.A.7.h. However, the site is located at the panther primary zone and Red Cockaded Woodpecker habitat range. Environmental staff believes the petition can be found consistent with GMP CCME policy 7.1.2 because a wildlife survey was submitted and found complete. Wildlife impacts will be addressed via the applicable development mechanism when development is sought. This site is included in the Toll- Rattlesnake DRI and PUD petitions and evaluation of environmental issues is being addressed as part of those reviews. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to the Agricultural zoning district. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff is recommending that the petition be found consistent with the CCME as well. Therefore, zoning staff recommends that the petition be found consistent with the overall GMP, and thus based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the goals, objective and policies of the overall GMP. Toll- Rattlesnake, RZ- 2008 -AR -12842 Executive Summary for July 22, 2008BCC Page 3 of 5 Agenda Item No. 17K July 22, 2008 Page 4 of 128 ENVIRONMENTAL ISSUES: This project did not trigger any thresholds that would have required the submittal of an Environmental Impact Statement, thus this petition did not require review by the Environmental Advisory Council. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard the petition on June 5, 2008, and with a unanimous vote (6 -0) recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval with the stipulation that no land clearing activities shall occur on the subject site as long as the subject site is zoned Agricultural except for clearing activities required for the control of exotic vegetation pursuant to County regulations. Because the CCPC approval recommendation was unanimous, this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from a Planned Unit Development (PUD) Zoning District to an Agricultural (A) Zoning District as a holding zone. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. Decisions regarding this type of rezone are quasi - judicial, and all testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. Should you consider denying the rezone, to assure that that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Approval of this request to rezone requires four affirmative votes of the Board. Criteria for Straieht Rezones Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or Toll- Rattlesnake, RZ- 2008 -AR -12842 Executive Summary for July 22, 2008BCC Page 4 of 5 Agenda Item No. 17K July 22, 2008 Page 5 of 128 projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. is the change suggested out of scale with the needs of the neighborhood or the county? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.1I], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The proposed Ordinance was prepared by the County Attorney's Office and is sufficient for Board action. This item is legally sufficient for Board action. MMSS RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition RZ- 2008 -AR- 12842 with the stipulation recommended by the CCPC. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Toll- Rattlesnake, RZ- 2008 -AR -12842 Executive Summary for July 22, 2008BCC Page 5 of 5 Page I of 2 Agenda Item No. 17K July 22. 2008 Page 6 of 128 file: / /C: \AgendaTest \FxnorIAII I_.Inly% 2022 %202 009 \17. %?OSIJMMARY % ?11A6F7NF)AA 7/15/7f1f1R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17K Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ- 2008 -AR- 12842: Toll- Rattlesnake. LLC, represented by Robert Duane. AICP, of Hole Montes Inc.. is requesting a rezone of the easternmost 10 acre portion of the First Assembly Ministries Education & Rehabilitation PUD from the Planned Unit Development (PUD) zoning district to the Agricultural (A) zoning district. The subject property is located along the northern side of the extension of The Lords Way.. in Section 14, Township 50, Range 26, Collier County, Florida. (Companion to Petition PUDA- 2007 -AR- 12043) Meeting Date: 7/22/2008 9.00:00 AM Prepared By Kay Deselem, AICP Principal Planner Date Community Development & Zoning & Land Development Review 6/23/2008 4:44:30 PM Environmental Services Approved By Ray Bellows Chief Planner Date Community Development 8 Zoning 8 Land Development Review 6/26/2008 2:06 PM Environmental Services Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 6/26/2008 2:13 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & 613012008 10:50 AM Environmental Services Environmental Services Admin. Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 7/1/2008 8:26 AM Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 7/812008 2:33 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning &Land Development Review 7/8/2008 3:05 PM Environmental Services Approved By file: / /C: \AgendaTest \FxnorIAII I_.Inly% 2022 %202 009 \17. %?OSIJMMARY % ?11A6F7NF)AA 7/15/7f1f1R Page 2 of 2 Agenda Item No. 17K July 22. 2008 Page 7 of 128 file: / /C:AAeendaTest \Exoort\1LJ- July %2022% 202008 \17. %20SI1MMARY %20AGF.NDA \___ 7/1i0(linR Community Development & Joseph K. Schmitt Environmental Services Admins[rator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 7/8/2008 8:19 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/912008 9:27 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 71912008 9:59 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/9/2008 4:36 PM file: / /C:AAeendaTest \Exoort\1LJ- July %2022% 202008 \17. %20SI1MMARY %20AGF.NDA \___ 7/1i0(linR A6VK6AyT1 W-70a Page 8 of 128 `u STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 5, 2008 SUBJECT: RZ- 2008 -AR- 12842, TOLL - RATTLESNAKE, LLC (COMPANION TO PETITION PUDA- 2007 -AR- 12043) PROPERTY APPLICANT /AGENT: APPLICANT: AGENTS: Toll- Rattlesnake, LLC Robert L. Duane, AICP 28341 S. Tamiami Trail, Suite 4 Hole Montes, Inc. Bonita Springs, FL 34134 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezoning of the easternmost 10:l:-acre portion of the First Assembly Ministries Education & Rehabilitation PUD from the Planned Use Development (PUD) zoning district to the Agricultural (A) zoning district. GEOGRAPHIC LOCATION: The subject 10± -acre property is located along the northern side of the extension of The Lord's Way, in Section 14, Township 50, Range 26, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject 10 -acre site was included in the rezone for the First Assembly Ministries Education and Rehabilitation Campus Planned Unit Development (PUD) with the adoption Of Ordinance Number 99- 59 on September 14, 1999. That project is partially constructed with a place of worship and rehabilitation traits within mobile homes. The petitioner now proposed to remove this 10- acre site from this PUD because it is to be included in the legal description for a proposed rezone to the Toll - Rattlesnake DRI/PUD project which is currently on hold due to request by the petitioner to the Southwest Florida Regional Planning Council for the DRI petition to be allowed more time to "facilitate continued analysis of transportation and mitigation of projected impacts; continued analysis of potential site impacts and opportunities to reduce impacts within environmentally sensitive lands as well as on- First Assembly rezoning, RZ- 2008 -AR -12848 June 5. 20D8 CCPC Page 1 of 7 2}/ \ } . . / 1, 0 O _2 2 O N « 2 O w « Q O � q , •/ . � � � � \ ■ _ y .. t % & % Nit' ;2— .( Tli �} �| � � / • / ~ ƒa� � | . � 0 O _2 2 O N « 2 O w « Q O � q Agenda Item No. 17K July 22, 2008 Page 10 of 128 going discussions with stakeholders" [Excerpt from the applicant's agent's April 4, 2008 letter to the Southwest Florida Regional Planning Council]. Rezoning the 10 acres to the Agricultural zoning district will "hold" the parcel until the Toll- Rattlesnake petitions are ready for public hearings and allow the First Assembly PUD to be amended so the parties involved in that project can go forward with their development plans. No development has occurred on the 10 acre site to date. Because the proposed Agricultural zoning request is being done as a temporary measure as explained above, there are no development plans proposed as part of this rezoning. Actual development plans for the subject site will be addressed as part of the Toll - Rattlesnake petitions. A companion petition, PUDZ- 2007 -AR- 12043, for the First Assembly Ministries PUD is required to revise the legal description and Master Plan to reflect the lessing out of the subject 10 -acre site. SURROUNDING LAND USE AND ZONING: North: undeveloped agriculturally zoned land (proposed to be part of the pending Toll - Rattlesnake DRI and PUD project (see PUD map excerpt on following page) East: Swamp Buggy Grounds, with a zoning designation of PUD (proposed to be part of the pending Toll - Rattlesnake DRI and PUD project (see PUD map excerpt on following page) South: The Lords Way, a private roadway, and then undeveloped lands with a zoning designation of Rural Agricultural West: other portions of the First Assemblies PUD project, proposed to be developed as a multi- family development known as Fountain Lakes in the companion petition, PUDZ- 2007 -AR- 12043 Aerial Photo (subject site depiction is approximate) First Assembly rezoning, RZ- 2008- AR•12848 June 5, 2008 CCPC Page 2 of 7 HOMES OF ISLANDIA ' ----I I 31P CONSERVATION AREA L FIRST ASSEMBLY TOLL—RATTLESNAKE NAPLES LAKES m OF GOD (DRI) (P) COUNTRY CLUB 0! GODD TURN 14 1 U / CEN(P R C -5 % ... McMULLEN Q PARK (P) SIERRA MEADOWS cowEN TOLL— RATTLESNAKE (DRI) (P) Inml�cn COLLEGEWOOD CENTER An excerpt from the PUD Map (Note: P = pending) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Agenda Item No. 17K July 22, 2008 Page 11 of 128 The subject property is designated Urban Mixed Use District, Urban Residential Fringe Subdistrict as identified on the Future Land Use Map (FLUM) of the GMP. This Subdistrict allows residential density of t.5 dwelling units per acre (du/ac) and a variety of community facility, recreation, essential service and other uses generally allowed throughout the Urban designation. The Rural Agricultural zoning district allows a maximum residential density of 0.2 du/ac. (1 du per 5 ac.), a variety of agricultural uses, and numerous conditional uses (e.g., child care facility, church, adult living facility). Specific uses for this subject site have not been determined; uses for this site will be addressed as part of the Toll - Rattlesnake DRI and PUD petitions. In order to promote smart growth policies, and adhere to the existing development character of Collier County, adherence to Policies 7.1 and 7.3 is required. Policy 7.1 encourages connection to collector and arterial roads. This subject site does not currently have frontage on an arterial or collector road. Currently, The Lord's Way is a private roadway and the petition appears to be entitled to access to it thru private covenants. If the site is developed as part of the Toll- Rattlesnake project, access will be incorporated into that project's internal roadway network. Policy 7.3 encourages new and existing developments to provide interconnection to other development. The petitioner has not (nor is he required to) submit a site plan for review as part of the rezoning request. Access issues will be addressed either in subsequent rezoning actions or as part of the site plan approval process. As noted above, if the site is developed as part of the Toll- Rattlesnake project, access will be incorporated into that project's internal roadway network. First Assembly rezoning, RZ- 2008 -AR -12848 June 5, 2008 CCPC Page 3 of 7 Agenda Item No. 17K July 22, 2008 Page 12 of 128 Transportation Element: The Transportation Division Planning staff has reviewed the proposed rezoning petition included in the application back -up material to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policies. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five -year planning period unless specific mitigating stipulations are approved. Because the proposed rezoning can be viewed as a "down- zoning," Transportation staff did not require the petitioner to provide a Traffic Impact Statement (TIS) as part of this request to rezone to the Agricultural zoning district, noting that transportation impacts of any development will be addressed as part of the Toll- Rattlesnake DRI and PUD petitions currently under review. Transportation Division Planning staff recommends that this petition be found consistent with policy 5.1 of the Transportation Element because the land use action associated with the 10.27 acre "down - zoning" results in a net reduction of trips on the adjacent roadway network. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the petition and determined that the site qualified for Environmental Impact Statement exemption based on the LDC section 10.02.02.A.7.h. However, the site is located at the panther primary zone and Red Cockaded Woodpecker habitat range. Environmental staff believes the petition can be found consistent GMP CCME policy 7.1.2 because a wildlife survey was submitted and found complete. Wildlife impacts will be addressed via the applicable development mechanism when development is sought. This site is included in the Toll - Rattlesnake DRI and PUD petitions and evaluation of environmental issues is being addressed as part of those reviews. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to the Agricultural zoning district. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff is recommending that the petition be found consistent with the CCME as well. Therefore, zoning staff recommends that the petition be found consistent with the overall GMP, and thus based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Section 10.03.05.I of First Assembly rezoning, RZ- 2008 -AR -12848 June 5, 2008 CCPC Page 4 of 7 Agenda Item No. 17K July 22, 2008 Page 13 of 128 the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The CCPC uses these same criteria as the basis for its recommendation to the Board of County Commissioners (BCC), who in turn uses the criteria to support its action on the rezoning request. The evaluation is completed as a separate document and is attached to the staff report (See Attachment A). Environmental Review: Environmental Services staff has reviewed the petition to address any environmental concerns. This petition was not required to submit an Environment Impact Statement (EIS) nor was a hearing before the Environmental Advisory Commission required because the site qualifies for an exemption per LDC Section 10,02.02.A.7.h. The site is not located within a Special Treatment (ST) overlay which would also have required the submittal of an EIS. Transportation Review: Transportation Division Planning staff recommends approval, however nothing in the Transportation Planning staff review should be construed as any form of approval, or recommendation for the adjacent Toll Brothers DRI; or the adjacent First Ministries zoning action. Utility Review: The subject site is located within the Collier County Water -Sewer District boundary, and is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Public Utilities Division. All portions of this project to be developed shall be required to comply with current Ordinance 2007 -60. According to County records, there are existing 20 -inch and 36 -inch water mains on Collier Boulevard and an existing 12 -inch force main on Collier Boulevard. This site is located in the zone of the existing South Hawthorn Wellfield for the South County Regional Water Treatment Plant (SCRWTP) expansion wellfield to 20 million gallons per day (MGD). The Rules and Regulations for protection of wellfields need to be followed. All existing well sites and pipeline easements located on and close to this project need to be shown on all future site development plan applications. Housing and Human Services: This project does not propose any affordable housing component and was not reviewed by Housing and Human Services. Zoning and Land Development Review: As noted previously, the site is current included within the First Assemblies PUD and is being rezoned to the Rural Agricultural zoning district in anticipation of its inclusion in the Toll - Rattlesnake DRI and PUD project. The plans for that project will be evaluated as those petitions go through the public hearing process. The requested agricultural zoning will function as a holding zone until the Toll - Rattlesnake petitions go forward, and allow the First Assemblies PUD to develop without this tract inclusion. As an agriculturally zoned tract, the uses are innocuous and will not adversely impact the adjacent properties if the property retains its Agricultural zoning in the future. Staff s compatibility analysis of the uses and development standards for this site will be presented as part of the Toll - Rattlesnake projects. Staff will consider the uses proposed and their intensities and /or densities; the development standards such as building heights, setbacks, landscape buffers; building mass; building location and orientation; the amount and type of open space and its location; and traffic generation/attraction of the proposed uses at that time. First Assembly rezoning, RZ- 2008 -AR -12848 June 5, 2008 CCPC Page 5 of 7 Agenda Item No. 17K July 22. 2008 Page 14 of 128 As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, undeveloped agriculturally zoned land that will be part of the overall Toll- Rattlesnake project abuts this parcel to the north. The Swamp Buggy establishment abuts the project to the east, but that tract is also proposed to be incorporated into the Toll- Rattlesnake PUD project. To the south is The Lords Way, currently a private roadway, then vacant agriculturally zoned land. To the west is the remainder of the First Assemblies PUD project from whence this project seeks separation. In summary, staff is of the opinion that the proposed rezoning to Agriculture Zoning District will not create any compatibility issues between this property and the surrounding area if the rezoning is approved. Therefore, staff believes the proposed rezoning can be deemed compatible with the neighborhood. NEIGHBORHOOD INFORMATION MEETING (NIM): This parcel was included in the discussions during the NIM for the First Assemblies PUD amendment thus it was determined that a separate NIM would not be required for this petition. No concerns were raised about the rezoning of this 10 acre tract. Please see the NIM information contained in the staff report for Petition PUDZ- 2007 -AR -12043 for details about that meeting. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition RZ- 20078 -AR -12842 to the Board of County Commissioners with a recommendation of approval of the rezoning request from the PUD Zoning District to the Agricultural Zoning District. PREPARED BY: & A,- S_ q -OF WRV SELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW First Assembly rezoning, RZ- 2008 -AR -12848 June 5, 2008 CCPC Page 6 of 7 Agenda Item No. 17K July 22, 2008 Page 15 of 128 REVIEWED BY: MARJ� MSTUDENT- STIRLING DATE ASSISTANT COUNTY ATTORNEY RAYMO IY V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW S SAN M. LSTENES, AICP, DIRECTOR �' DATEo DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 21ma "13 SCHMITT ADMINISTRATOR D TE TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the July 22, 2008 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: Attachment: Rezone Findings First Assembly rezoning, RZ- 2008 -AR -12848 June 5, 2008 CCPC Page 7 of 7 � - S- 0 8 DATE Exhibit A REZONE FINDINGS RZ- 2008 -AR -12842 Agenda Item No. 17K July 22, 2008 Page 16 of 128 Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable; 1. Whether the proposed change will be consistent with the goals, objectives, & poIicies of the Future Land Use Map (FLUM) and the elements of the Growth Management Plan (GMP). The GMP and FLUM discussion of the staff report (beginning on page 3 of that document) provides a detailed analysis of this project's consistent with the FLUM Map and the elements of the GMP. The subject property is designated Urban Mixed Use District, Urban Residential Fringe Subdistrict, as identified on the FLUM of the GMP. This Subdistrict allows residential density of 1.5 dwelling units per acre (du/ac) and a variety of community facility, recreation, essential service and other uses generally allowed throughout the Urban designation. The staff report provides the support to justify a recommendation that this petition be deemed consistent with the GMP. 2. The existing land use pattern; As described in the staff report, the existing land use pattern; therefore has been found consistent with GMP Policy 5.4 of the FLUE which requires new land uses to be compatible with, and complementary to, the surrounding land uses. See staff report, page 5 for the Zoning Review discussion that supports this recommendation. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject tract's existing zoning is PUD, and the tract is included in the Toll - Rattlesnake PUD rezone pending petition currently under review. In the interim, this rezoning to the Rural Agricultural zoning district will function as a holding zone. The parcels to the north and south are also zoned Rural Agricultural and would allow uses similar to what would be permitted if the Agricultural rezoning is approved. Therefore, staff is of the opinion that this petition (if approved) will not result in an isolated district unrelated to adjacent properties. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed zoning boundaries follow the property ownership boundaries and result in a rectangular shaped tract. The location map on page 2 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. May 9, 2008 Page 1 of 4 Aaenda Item No. 17K V July 22, 2008 The proposed change is warranted to assist with the project's inclusion within &9td1 of 128 Rattlesnake DRI /PUD project. Rezoning this site to agricultural will allow the First Assemblies PUD to go forward with its revised development plans and hold this site for inclusion in the Toll- Rattlesnake project. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; As described in the staff report, the proposed rezone to the Agricultural Zoning District will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Based upon the Transportation Planning staff review, the permitted uses associated with the 10.27± acre down- zoning results in a net reduction of trips on the adjacent roadway network. Therefore, this petition will not increase traffic congestion or create types of traffic incompatible with surrounding land uses. 8. Whether the proposed change will create a drainage problem; The proposed change from PUD to the Agricultural Zoning District should not create drainage or surface water problems. In additional, the LDC provides the prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this rezoning is approved, any subsequent development would need to comply with the applicable LDC standards for development within the Rural Agricultural zoning district. As its name implies, this zoning district is designed to provide property development regulations for less urban development. Property development regulations of the zoning district do not encourage compact development that could significantly reduce light and air to adjacent areas; thus the rezoning, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value EXHIBIT A Rezone Findings RZ- 2008 -AR -22842 May 9, 2008 Page 2 of 4 Agenda Item No. 17K July 22, 2008 determination is driven by market value. There is no guarantee that the projecNIl15%of 128 marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Properties to the north and east are undeveloped or developed with the Swamp Buggy races establishment (east) but both properties are included in the pending Toll - Rattlesnake project as is the subject site; this rezoning should not affect either parcels to the north or east. The area to the south across The Lords Way is undeveloped agriculturally zoned land and should not be affected by this rezoning. The parcel to the west is the already developing First Assemblies PUD and the subject of a companion petition. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property is shown on the current PUD zoning's Master Plan as Tract D in the northerly portion of the site and Tract B in the southerly portion of the site. These areas are within the Campus Area Plan areas, pursuant to Section III of Ordinance No. 99 -59, the prevailing PUD regulations for this parcel. That section of that ordinance sets forth the particular uses that would be permitted on this tract. While the subject property can be developed under the existing PUD zoning, the petitioner has changed his mind about the development of that PUD and is seeking an amendment to establish different development parameters. This petition is a companion to that petition to allow this proposed agricultural zoned property to be developed tinder a different development plan within a different PUD —the Toll - Rattlesnake PUD. The petitioner has opted to seek this rezoning in accordance with the rezone procedures outlined in the LDC, which is an allowable alternative to strict adherence to development within an approved PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed agricultural zoning development complies with the GMP, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be EXHIBIT A Rezone Findings RZ- 2008 -AR -12842 May 9, 2008 Page 3 of 4 Agenda Item No. 17K July 22. 2008 acceptable throughout the urban designated areas of Collier County. Therefore sislalof 128 the opinion that the proposed change is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. While it is possible to find other agricultural zoned properties, the petitioner needs to remove the subject site from the currently PUD zoning district so he can go forward with another development proposal as described in the companion petition. The determinants of the zoning are with consistency with all the elements of the GMP. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The proposed agricultural zoned property could result in site alteration, However, any development would require some site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff persons have concluded that no LOS will be adversely impacted because the proposed development is consistent with all Elements of the GMP. EXHIBIT A Rezone Findings RZ- 2008 -AR -12842 May 9, 2008 Page 4 of 4 yco m r O N ..rO� .O N 0 N T� � � m �m a M. i Q 75 Z Z O N Z O a U O J 322 J 1 yy q g�g 33g o €y Ep Iss P 3 g pp aa ppv. � t'lb y$�g C 9 a R jig Q 75 Z Z O N Z O a U O J COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW W W W.COLLIERGOV.N ET Agenda Item No. 17K July 22, 2008 Page 21 of 128 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 Sr*NDARDfit EZON P I�ATI 1�7 L „ PETITION NO (AR) PROJECT NAME RZ-2008 -AR -12842 REV: 2 PROJECT NUMBER FIRST ASSEMBLIES — AG REZONE Project: 2007120010 DATE PROCESSED Date: 3/14/08 DUE: 4/11/08 ASSIGNED PLANNER Above to be completed by staff APPLICANT /AGENT INFORMATION NAME OF APPLICANT(S) TOLL - RATTLESNAKE, LLC ADDRESS 28341 S. TAMIAMI TRAIL, STE.4 CITY BONITA SPRINGS STATE FL ZIP 34134 TELEPHONE # 239 - 949 -2304 CELL # FAX # 239- 949 -2292 E -MAIL ADDRESS: GHAINS @TOLLBROTHERSINC.COM NAME OF AGENT ROBERT L. DUANE, HOLE MONTES, INC. ADDRESS 950 ENCORE WAY CITY NAPLES STATE FL ZIP 34110 TELEPHONE # 239- 254 -2000 CELL # FAX # 239 - 254 -2099 E -MAIL ADDRESS: BOBDUANE @HMENG.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE 11128 12006 Agenda Item No. 17K July 22, 2008 Page 22 of 128 ASSOCI%ST�ONSr , :x a r_�r„ . f.A Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: NAPLES LAKES COUNTRY CLUB HOA, INC. MAILING ADDRESS C/O TED BEISLER, 4784 INVERNESS CLUB DR. CITY NAPLES STATE FL ZIP 34112 NAME OF HOMEOWNER ASSOCIATION: NAPLES HERITAGE GOLF & COUNTRY CLUB MAILING ADDRESS C/O PHILLIP PLESSINGER, PRES., 7890 NAPLES HERITAGE DR. CITY NAPLES STATE FL ZIP 34112 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address ,APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11128/2006 Percentage of Ownership Agenda Item No. 17K July 22. 2008 Page 23 of 128 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership Toll - Rattlesnake, LLC 100% Toll FL VII Limited Partnership 86.45% Sembler Family Partnership #42 Ltd. 13.55% C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest_ Nome and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address APPLICATION FOR PUBLIC ITEARING FOR STANDARD REZONE- I ItZ812006 Percentage of Ownership Agenda Item No. '17K July 22: 2008 Page 24 of 128 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property, acquired ® leased ❑ 9/29/05 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 11/282006 Agenda Item No. 17K July 22, 2008 Page 25 of 128 PR'O NTY •= 'DESt:R'IR,LIO,FL ^- ,.. '' Legal Description of Subject Property: (if space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 " to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township /Range 14 150 / 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00416920004; 00416840003 Metes & Bounds Description: See attached legal description Size of property_ 1341 ft. X 334 N. = Total Sq. Ft. 447.361 Acres 10.27 Address/general location of subject property: no site address (borders The Lord's Way); 3726 Victory Circle Zoning N A S A E PUD W PUD ADJACENT ZONING AND LAND USE' Land Use Vacant Vacant Swamp Buggy Days PUD and Vacant Institutional uses and Vacant Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Section/Township/Range / Subdivision: Lot: Block: Plat Book: Page # Property I.D. #: Metes & Bounds Description: SEE ATTAC14ED APPLICATION FOR PUBLIC REARING FOR STANDARD REZONE- 1112=006 Agenda Item No.'17K July 22, 2008 Page 26 of 128 REZONEREQUEST::,. ^ This application is requesting a rezone from the zoning district(s) to the Present Use of the Property: Proposed Use (or range of uses) of the property: zoning district(s). Pursuant to Section 10.03.05.G. of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations aDC Section 10.03.05.G.) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether The proposed change will constitute a grant of special privilege to an individual owner os contrasted with the public welfare. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 7 ]2812006 Agenda Item No. 17K July 22. 2008 Page 27 of 128 73. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 74. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 75. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 7 06, art. 11], as amended. 1 S. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that Hearing? Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre - application meeting. a. A copy of the pre - application meeting notes; b. if this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing und/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County, C. An architectural rendering of any proposed structures. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-I M812006 Agenda Item No: 17K July 22, 2008 Page 28 of 128 d. An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previovs twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and /or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07.B.1.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. Section 10.03.05.B.3. of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 1112812086 Agenda Item No. 17K Juiy 22, 2008 Page 29 of 128 OLD -I�, nw� P STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: Toll - Rattlesnake, LLC 2. MAILING ADDRESS: 28341 S. Tamiami Trail, Ste. 4 CITY Bonita Springs STATE FL ZIP 34134 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 14 Township: 50 Range: 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00416920004 and 00416840003 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c . FRANCHISED UTILITY SYSTEM ❑ ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK AVERAGE DAILY B. SEWER -PEAK AVERAGE DAILY APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11/282006 Agenda Item No. 17K July 22, 2008 Page 30 of 128 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided_ Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE —I I2A2006 Agenda Item No. 17K July 22.. 2008 Page 31 of 128 First Assembly Ministries AR -12043 Standard Rezone Application EVALUATION CRITERIA Standard Rezone Considerations (LDC Section 10.03.05.G 1. The rezoning of the subject property from a PUD to the agriculture district is in essence a holding zone until the subject property can be incorporated into the Toll - Rattlesnake Hammock DRI MPUD. At that time, the subject property will be subject to a more detailed GMP review for compliance. Rezoning the subject property to the A district that allows two dwelling units amongst other uses is below the density of 1.5 D.U.s per acre permitted by the Density Rating System for urban residential fiinge subdistrict. Objective no. 7 of the Future Land Use Element and Policy 7.3 requires all new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of their land use. In order to address Policy 7.1 (other policies under objective no. 7 are not applicable given the nature of the proposed development). Compliance with objective no. 7 of the GMP is best made in the broader context of the DRI MPUD review for Toll- Rattlesnake Hammock. The conceptual DRI MPUD Master Plan for Toll - Rattlesnake shows interconnection with their properties. Toll Brothers does not contemplate shared access with the First Assembly Ministries' MPUD located to the west of the subject 10 acres. The proposed rezoning can also be found consistent with policy 5.4 of the Future Land Use Element that requires all rezoning to be complimentary and compatible with existing land uses. The proposed rezoning to A can be found consistent with this policy until subject changes to the zoning of the subject property is made. 2. The subject property is vacant and generally surrounded by vacant lands to the north, south, east and west zoned for the Swamp Buggy Day PUD to the east and the First Assembly Ministries PUD to the west. Lands to the north and south are vacant zoned AG lands. The subject property as noted will be incorporated in the Toll - Rattlesnake Hammock DRI MPUD including surrounding properties. (See attached conceptual plans of lands to be included in the DRI to the cover letter of this Application.) The land use pattern at the present time is conducive to supporting the proposed rezoning required. 3. The proposed rezoning does not create an isolated district, as it is surrounded by vacant lands some of which are also zoned for agriculture uses at the present time. HA2 00 512 00 50 5 41WW O Acre Rewne1080I23 Evaluation Criteria_Remne Appbcadon .doe Agenda Item No.'17K July 22, 2008 Page 32 of 128 4. N /A. 5. NIA. 6. N /A. 7. The subject property that allows for two dwelling units will have little or no impact on public facilities. 8. Drainage will be further evaluated with future development of the subject property. 9. N /A. 10. N /A. 11. N /A. 12. N /A. 13. N /A. 14. N /A. 15. N /A. 16. N /A. 17. Impacts as noted are negligible until the subject property can be evaluated in the broader context of development with surrounding properties. 18. Other factors will be considered at a future date where applicable by the BCC. H12005\2005054 \WP \10 Acre Rczond080123 F dluation Cnicria_Rezone Application .doc Agenda Item No. 17K July 22, 2008 Page 33 of 128 REZONE - STANDARD (Rn APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Additional set if located in the Boyshore /Gateway Triangle Redavela ment Area ) Completed Application (download from websile for current form) 20 Pre-Application meeting notes 20 Deeds Le al's 2 List Identifying Owner & all parties of corporation 2 Owner A ant Affidavit si ed & notaraed 2 Coro feted Addressiin Checkr"f ro m f into of 2 Environmental Impact Statement (EIS) and digital electronic copy of EIS or or exemption justification 3 COQ hlistorical Survey or waiver request 4 Utility Provisions Statemem w /sketches Su"ey, signed & sealed M/T,t{ Qfotsdic} LO/AK (k Traffic Impact Statement [TIS) or waiver 4 4 7 s/ Aerial photographs (taken within the previous 12 months min. scoied ]"=2001, showing FLUCCS Codes Legend, and project boundary 5 Electronic copy of all documents and plans (CDRom or Diskette) 1 Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry Q 239-690 -3500 for information regarding `Wridfire Mitigation & Prevention Plan ", LDC Section 2.03.06 A.2.a.(b)i.c. Fees: r 1 1 ' Application Fee: $6,000 + $25 per axe l�l� nr�!` s(�„tf'{`p�i'V -j�� `" � Sc4,a_Ql.itQ� [� $100.00 Fire Code Review U PBY\ .$l.tbyY1111 Q.l $750.00 Comprehensive Planning Consistency Review ❑ tljR$500.00 Pre - application fee (Applications submitted 9 months or more after the date of the lost pre - appGc on meeting shall not be credited towards application fees and a new pre - application meeting will be required). ❑ $2500.00 Environmental impact Statement review fee CO1�Ti.C_T- CFIR+S -0At2_a SvBrie r ❑ $729 -00 Legal Advertising costs for CCPC meeting (to be reconciled upon receipt of invoice from Naples Daily News). ❑ $363.00 Legal Advertising costs for BCC meeting Transportation Fees, if required: E -MAtt. f'Syv:irE.MEt -STS ❑ $500.00 Methodology Review Fee, if required ^ ❑ $750.00 Minor Study Review Fee, if required QER I � lV,24M1 a rt'®s I � � ` ❑ $1,.500.00 Major Study Review Fee, if required '1'oFW "t OlX'. ?�(2W�N St�v� c-o 11''1 C �-7 //�� I.f}.SE. ?'�.6QLtollii FOa- fZFLIu t Ra- Fee Total $ 711) S Applicani %Agent Signature Date Agenda Item No. 17K @@ July 22, 2008 0P.1rJ`KALage 34 of 128 AFFIDAVIT! eiw i-- P Coief k7jezirL PA /1 iNc-x tvtsto,�+ v( 0;:- "TO S We I, oF� J;cca �fL s� �ratr 'S �/h2 7u�SHAP nic- :?g6v9 /"r&Aof ZOF F;iESFI>rtc, / �¢ Being first cf'uly sworn, depose and say that we /I am /are the GLC owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be al- tered. Public hearings will not be advertised until this application is deemed complete, and all required informa- tion has been submitted. As property owner We /I further authorize Robert L Duane to as tern regarding this Petition. , Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was identification. State of Florida County of Collier Signature of any mat- �,4yrb ?� AtV-St0,'`1 Typed or /// Printed nTName //�Aof Owne/r �G� y� p COMP �TJ ✓� ,14 P,44lAIE -4 QF I�IL� FL_v1L LP 1";57YMX i� 7UGL— Est TTIZ5;N) {Ec� -daed forp. me this day of 2002_, by ccc: personally known tom r has produced as RZ- 2008 -AR -12842 REV:1 FIRST ASSEMBLIES — AG RZ Project: 2007120010 Date: 2/11/08 DUE: 313108 (Signature of Notary Public - ST a of Florida) cats iva tnv MV o0MM15510N t DD 902135 EBPIRES: March 22, 2008 9�ntleATM NaA7 Pu[k UMem+Aen (Print, Type, or Stamp Commissioned Name of Notary Public) AFFORDABLE HOUSING EXPEDITED REVIEW PUDA- 2007 -AR -12043 REV: I Project: 19990098 DUE: B /10!07 Date: 7120/07 Agenda Item No. 178 July 22, 2008 Page 35 of 128 HOLE MONIES ENGNffSS• PLAlMS- SIRiVEYM LANDSCAPE AACHtEGiIIAE 950 Encore Way • Naples. Fbrida 34110 • Ph": 239.2542000 • Fa: 239.254.2099 January 31, 2008 Mr. Jim Seabasty Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: 10 Acre Toll Brothers Rezoning PUD Rezone Application HM File No. 2005.054 Dear Mr- Seabasty: RZ- 2008 -AR -12842 REV:1 FIRST ASSEMBLIES — AG RZ Project: 2007120010 Date: 2/1108 DUE: 313/08 Attached are 24 copies of a rezoning request to rezone 10.27 acres from the First Assembly of God Church PUD (Ordinance 99 -59) to the "A" Agricultural Zoning District. The subject property is located in Section 14, Township 50 South, Range 26 East (refer to the attached aerial). Access can be provided to the subject property from C.R. 951 and from The Lord's Way or in the alternate through the Toll - Rattlesnake DRI MPUD (see attached aerial photo of subject property). Also attached is a check in the amount of $8,217.00 to process the petition. A Pre - Application Meeting was held on December 5, 2007 with Kay Deselem presiding. Copies of the minutes are attached to this request. This is a "Fast Track" project and is a companion item to the First Assemblies Ministries MPUD -AR- 12043. Backeround This petition is a companion item to an MPUD Rezoning Petition for the First Assembly Ministries Planned Unit Development, PUDA -AR- 12043. The rezoning will allow the subject property to be incorporated at a future date into the Toll - Rattlesnake Hammock DRI MPUD that is the owner of subject property. A conceptual Master Plan for the Toll - Rattlesnake DRI MPUD is attached to this correspondence depicting the location of the subject property. The pending application for the MPUD Rezoning Application for the First Assembly of God PUD has in affect transferred the underlying development rights for the subject property's 1027 acres into the MPUD Application for First Assembly Ministries. The proposed agriculture zoning district will allow one dwelling unit per five acres or two dwelling units for the subject property. Since the Future Land Use designation for the subject property is the Urban Residential Fringe Subdistrict, up to 1.5 dwelling units per H:\200P2005054WRM 0 Acre Reaonc\]s080116- petinon cover 1a. doe Naples • Fort Myers • Venice Agenda Item No. 17K July 22, 2008 Page 36 of 128 Page 2 January 31, 2008 Mr. Jim Seabasty First Assembly of God — PUD Rezone HM File No. 2005.054 acre will be allowed for the subject property upon future rezoning of the property. The resulting density under the agriculture zoning district will have a negligible impact on public facilities and presumably will be re- evaluated in a broader context of the Toll- Rattlesnake Hammock DRI MPUD at a future date based upon whatever entitlements are requested for the property. It should be further noted that the subject property is part of a Third -Party Agreement between Toll Brothers, MDG Capital the developer of the multi - family tract in the First Assembly MPUD, and First Assembly Ministries, outlining the responsibilities of the parties in further actions regarding the rezoning of the subject property (see attached Third - Party Agreement). Environmental As a result of follow -up conversations with Chris Diarco following the pre - application meeting, it was determined that a FLUCCs map and endangered species survey was required to support the petition and that a waiver was required from the requirement to submit an EIS. The wildlife survey and FLUCCs map is attached in a report prepared by Boylan Environmental Consultants, Inc. With regard to the EIS waiver, LDC Section 10.02.02 A.7, the context of this waiver is that the subject property is being rezoned from a PUD for First Assembly Ministries to "A' Agriculture and as noted, the subject property will ultimately be incorporated into Toll - Rattlesnake Hammock DRI MPUD. As a result, there are no specific plans for the subject property until it is rezoned by Toll Brothers and incorporated into their long -term development plans. At that time more detailed plans can be evaluated resulting in the primary basis for the EIS waiver because there are no specific plans to evaluate at the present time. In summary, the waiver is requested pursuant to LDC Section 10.02.02 A.7, however the criteria set forth in this section does not lend itself well to the unique nature of this request. Nevertheless we trust you agree that at the time the subject property is rezoned environmental impact can be more thoroughly evaluated. Transportation A waiver from the requirement to prepare a TIS is proposed as part of this request as the traffic impacts are negligible. Please see attached correspondence from Collier County 11:\200520050541WP110 Acre Rcwne \js080116- petition coverttr.doc Agenda Item No. 17K July 22, 2008 Page 37 of 128 Page 3 January 31, 2008 Mr. Jim Seabasry First Assembly of God — PUD Rezone HM File No. 2005.054 Transportation Staff acknowledging the minor incidental nature of the proposed agreement. In closing, a Neighborhood Information Meeting is not required for the subject property (see attached email from Ray Bellows). Very truly yours, HOLE MONIES, INC. Robert L. Duane, A.I.C.P. Planning Director /Associ ate RLD /mmm /jlc cc: Bill Klohn Mark Tolson Richard Yovanovich David Torres H:\2005\20050541WP•d0 Acre Rewne\js080 116- petition coves Itr.doe r. 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T W WTM THE ISSUANCE OP TITLE WSU r.a t�Aa. Cw.+T. 1A ssti t� 7rao o. 17K 2008 of 128 U-U V p—j I 1-10-LA l Agenda Item No. 1 July 22, 2C OF Page 39 of 1 A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIOA f/yNi/I"a. ?I'7T9171i7 A TRACT OR PARCEL GK' LAND 9RTTAMD OT n1F STA TE OF a0WA, C MIY Or QxLdER LYING IN SEC7KW 14, TONNSTW 50 SOUK RANCE 25 FAST, Cal" CWNTY, fLOWA MW DE EAST MLF OF IME EAST MF Or TILE =qw- ST MAW GIF M NORIHNEST WARIER aF SAO SECIM "G FWAU SOW ANO GERM" AS FOUONS "M',WC AT ME SOUTHEAST CORNER OF SAO FRACIM THENCE S 8TJ1'J6' W ALONG 114E SOUTH LWE OF SAO FRAC7xk FOR 334. 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THE MARX IS AN ALUMWUM Disc SEr 1N TOP Cr A C'ONCTIE MO MOU STAMPM 5027 202 9246 1992 SCALE FACTOR 0.99998891. 2) PID- AJ56O7 JANUARY 2002 THE MARK 1S A SURVEY 01SC SET W A CYWCRCTE HEADWALL STAMPED Z 526 2001 CERP SCALE FACTOR 0.99999947 — J) PTO- A.16599, 1TFcw6? 2(102 THE MARX 6 A FLANGE ENCASED ROO WIH ACCESS CAP STAMPED W 526 2001 LRld° SCALE FACTOR O999999J7 THE A KWAGE SCALE FACTOR IS 0.99999592 ABOVE AND UNDERG?OUAO AIPROWATENTS WbE NOr LOCA7ED UNLESS OBTERNISE SNDNN. PARM S(T&ECT TO 645 tLEVIS, RTQITS -OF -WAY, RESTR(CIM5 AND REMMYONS OF RECOM PA2017 6YM7AOV.S 1027 ACRES A0T OR LESS Agenda Item No. 17K July 22 2008 �. Page 40 of 128 PUD MODIFICATION AND COOPERATION AGREEMENT T111S PUD MODIFICATION AND COOPERATION AGREEMENT (this "AMeement') is made and entered into as of the 1st day of June, 2007, by and among Toll- Rattlesnake, LLC, a Florida limited liability company ( "Tolj" ), MDG Fountain Lakes, LLC, a Florida limited liability company ("IjQG "), and First Assembly of God of Naples, Florida, Inc., a Florida non - profit corporation ("First Assembly "). WITNESSETH WHEREAS, each of First Assembly, MDG, and "toll owns certain land to the east of Collier Boulevard (C-R, 95 1) in the vicinity of the junction with Rattlesnake Hammock Road, Collier County, Florida, as generally described in Exhibit A attached hereto and hereby made a part hereof (each, a "Pro and, collectively, the "Pmoeriies' ; WHEREAS, the First Assembly Property and the MDG Property each lies entirely within the boundaries of the First Assembly Ministries Education & Rehabilitation Campus Planned Unit Development (the "First Assembly PUD "), as described by Collier County Ordinance No. 99 -59 (the "First Assembly PUD Ordinance"; WHEREAS, approximately 10 acres of the Toll Property, as more particularly described in Exhibit B attached hereto and hereby made a part hereof (the "Toll Exclusion Parcel ") also lies within the boundaries of the First Assembly PUD; WHEREAS, First Assembly, MDG, and Toll have determined that each party can most effectively develop its respective Property and effect the land use and entitlement modifications and approvals necessary therefor by causing the Toll Exclusion Parcel to be removed from the First Assembly PUD and from the jurisdiction of the First Assembly P(JD Ordinance; and WHEREAS, First Assembly, MDG, and Toll desire to enter into this Agreement to facilitate the foregoing removal of the Toll Exclusion Parcel from the First Assembly PUD and to establish a broader cooperative relationship with respect of the parties' ongoing development of their respective Properties, all as more particularly hereinafter set fortb. IT IS, THEREFORE, in consideration of the premises, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficieocy of which are hereby acknowledged, hereby weed by and among the parties hereto, each being legally advised in the premises and intending to be legally bound hereby, as follows, to-wit I. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. Purpose. The purpose of this Agreement is to establish the respective rights and obligations of the parties with respect to the removal of the Toll Exclusion Parcel from the First Assembly PUD and from the jurisdiction of the First Assembly PUD Ordinance and to facilitate cooperation among the parties with respect to the ongoing development of their respective Properties. TAMP_514653.6 tla/ Z00'3 Gar78 RZ- 2008 -AR -12842 REV:1 FIRST ASSEMBLIES — AG RZ Project: 2007120010 Date., 2/1/03 DUE: 313/08 ----- --------- 14/ Agenda Item No. 17K July 22, 2008 Page 41 of 128 3. Rezonin . a. Prosecution by MDG. MDG agrees to cause, at MDG's sole tort and expense, the Toll Exclusion Parcel to be rezoned by Collier County such that the Toll Exclusion Parcel shall be removed from the First Assembly PUD and rezoned to Zoniog Classification "A" (Rural Agricultural) or such other Zoning Classification as may be acceptable to Toll, in its sole discretion (thee -Rezoning"). MDG shall prepare, promptly following the date of this Agreement, the necessary petition for the Rezoning, which petition shall be subject to the approval of First Assembly and Toll, which approvals shall not be unreasonably withheld, conditioned, or delayed. MDG covenants to duly submit such rezoning petition to Collier County (with all applicable fees and supporting materials), not later than the earlier of (i) the date that is forty -five (45) days following the date of approval by Collier County of MDG's pending Comprehensive Plan Amendment (which approval must be received prior to the filing of a PUD Amendment) or (ii) August 1, 2007, and to cause the Rezoning to be completed not later than the date that is nine (9) months followino the date of filing of the PUD Amendment (and accompanying rezoning application as to the Toll Exclusion Parcel). NW shall, in any case, provide First Assembly and Toll with a minimum of a two (2) week review and approval period (which review and approval shall be limited to verifying that the Toll Exclusion Parcel will be removed from the First Assembly PUD and rezoned in accordance with this Agreement and any conditions applicable to such removal and rezoning) prior to submitting the petition for the Rezoning, or any related documents or amendments thereto, to any governmental authority. Should either First Assembly or Toll not respond within a three (3) week period (from date materials are supplied by oortified mail return receipt requested) then approval of the nou- responding party shall be deemed given. b. Prosecution by Toll. W In the event that (x) N DG should fail to timely prepare, submit for First Assembly and Toll review and approval, or submit to Collier County, the petition for Rezoning as described in subsection (a) above, or (y) MDG, Toll, and First Assembly should fail to approve such petition (or any reasonable modification thereof) within sixty (60) days following the date of this Agreement and prior to submission to Collier County, then Toll, in its sole discretion, may elect, by giving written notice to the other parties to this Agreement, to prosecute the Rezoning as provided in subsection (a) at Toll's sole cost and expense. (ii) ht addition, Toll, at its option, exercisable at any time after October 1, 2007, may elect to prosecute, at Toll's sole cost and expense, an independent petition for the Rezoning (such independent: petition limited to the removal of the Toll Exclusion Parcel from the PUD and rezoning of the Toll Exclusion Parcel in accordance with this Agreement, notwithstanding that the approved MDG- prepared Rezoning petition under subsection (a) may be more comprehensive in its scope), provided that if MDG's petition for the Rezoning under subsection (a) is then pending, applicable Collier County codes and administrative practice do not preclude the MDG petition and the Toll petition from being prosecuted or otherwise proceeding at the same time. (iii) Toll may, in any cvcnt, elect to prosecute, on its own behalf and that of the other parties to this Agreement, any appeal of an adverse determination on the petition for Rezoning or defense of any appeal filed against a favorable determination on the petition for Rezoning. TAMP_514653 6 \l`\ rrnr cnn•z c0974 Agenda Item No. 17K July 22, 2008 Page 42 of 128 C. land Use Actions During Pendency of Rezonins. Until the Rezoning has been completed, no parry to this Agreement, without the unanimous written approval of all other parties to this Agreement, shall- (i) make any submissions to, nor meet 'with, any governmental authority for the purpose of filing, changing, or modifying any existing zoning, plat, site plan, or other development plan affecting all or any portion of property subject to the First Assembly PUD of changing or modifying any such submission previously made with the prior unanimous written consent of the parties to this Agreement; (i) take any action or make any submissions to rescind or terminate any approval previously granted by such party with respect to any such matter, or (iii) otherwise cause, permit, or suffer the rezoning of all or any portion of the property subject to the First Assembly PUD, provided, however, that (x) Toll may take all such actions as Toll deems necessary or appropriate to cause the Toll Exclusion Parcel to be rezoned to Zoning Classification "PUD" (Planned Unit Development) within the boundaries of a platmod unit development affecting both the Toll Exclusion Parcel and other portions of the Toll Property adjacent thereto and with respect to its planned development thereupon, it being acknowledged and agreed that Toll intends to develop the Toll Exclusion Parcel and other portions of the 'roll Property as part of and within a larger residential golf course community and as part of a Development of Regional impact, (y) MDG may take all such actions as MDG deems necessary or appropriate to obtain the approvals and entitlements necessary to construct and develop two hundred ninety -six (296) multifamily units or fee simple villas on NIDG's Property and, in connection therewith, Toll shall relinquish to MDG any and all claims, rights, title, or interest to residential density units or to claim any interest in any residential density units which could be approved or constructed upon the Toll Exclusion Parcel by virtue of the Toll Exclusion Parcel's inclusion within the First Assembly PUD, provided, however, that Toll reserves for the benefit of the Toll Exclusion Parcel, all claims, rights, title, and inicrest to the maximum residential density permitted for the Toll Exclusion Parcel under ,Zoning Classification "A" (Rural Agricultural) and to rezone the Toll Exclusion Parcel under its proposed planned unit development and Development of Regional Impact with the density outlined in the Urban Residential Fringe Subdistrict of the Collier County Future land Use Element, and (z) the unanimous written approval of all other parties to this Agreement is not required for actions taken by a party hereto under subsections (i), (ii) or (iii) above if such action does not adversely affect the PUD amendment, the Rezoning or any other agreement of the parties as set forth herein. d. Lxoiration of Rczonine Obligations_ Unless otherwise agreed by the parties in writing the parties' respective obligations under this Section 3 shall expire on the earlier of (i) the successful completion of the Rezoning and expiraiion of all applicable appeal periods or (ii) the date that is twelve (12) months following the date of this Agreement, provided that if the Rezoning has not been completed by such date and all applicable appeal periods have not yet expired, then the parties' obligations under this Section 3 shall automatically continue for successive periods of three (3) months each, unless Toll should elect otherwise in writing, 4. Pledge of Suonork Each of the panics hereto covenants and agrees, on its awn behalf and that of its agents, successors and assigns, to support (and take no steps to oppose) any efforts by the other parties hereto to develop their respective Properties for principally residential purposes (bur, specifically including, as to the Toll Property, Toll's intended Mated Use PUD consisting of residential, office and commercial uses), and each agrees, on not less than two (2) weeks notice, to execute such letters of support or letters of no objection, as either may reasonably request, pertaining to the other party's proposed actions affecting zoning, land use, or entitlement matters concerning the requesting party's Property. TAMP_514653.6 3 i-- Agenda I!em No. 17K July 22, 2008 Page 43 of 128 5. Termination of Easements, First Assembly's and MDG's respective covenants of support extend specifically. but without limitation, to Toll's efforts to cause to be vacated or terminated various public and/or private roadway, ingress and egress, utility and other easements encumbering portions of the Toll Property. Each of First Assembly and MDG covenants and agrees, on its own behalf and that of its agents, successors and assigns, to support (and take no steps to oppose) all Toll efforts regarding the vacation or termination of such easements, hereby releases and disclaims any and all easement rights upon any portion of the Toll Property (whether public or private in nature and whether or not founded upon a recorded instrument), and agrees, on not less than two (2) weeks notice, to execute such letters of release, confirmation, or no objection or recordable waivers and releases of easement rights, as Toll may reasonably request concerning any such easements at no cost to either First Assembly or MDG. 6. Further Assurances. Each of the parties hereto agrees to do, execute, acknowledge, and deliver, or cause to be done, executed, acknowledged, and delivered, all such further acts and assurances as shall be reasonably requested by the other parties in order to carry out the intent of this Agreement and give effect thereto. Without in any manner limiting the specific rights and obligations set forth in this Agreement, the parties hereby declare their intention to cooperate with each other in effecting the terms of this Agreement and to coordinate the performance of their respective obligations under the terms of this Agreement. 7_ No Partnership. The execution of this Agreement shall not create or be construed as creating a partnership, joint venture, or other joint enterprise between or among any of the parties hereto and/or any of their respective principals, partners, members, or affiliates and shall not be construed as creating any special or fiduciary relationship between any of such partial_ B_ Tniunetive Relief In the event of a breach or attempted breach of this Agreement, any party hereto shall be entitled to obtain an order specifically enforcing this Agreement or an injunction prohibiting any such breach; the parties hereby acknowledge the inadequacy of legal remedies and the irreparable harm which would be caused by any such breach, and /or to relief by other available legal and equitable remedies from the consequence of such breach_ Any action taken or document executed in violation of this Agreement shall be void and may be set aside upon the petition of another party. 9. Enforcement. if any action or proceeding is brought by any party against another pertaining to or arising out of this Agreement, the finally prevailing party shall be entitled to recover all reasonable costs and expenses (including, without (imitation, attorneys' fees), incurred on account of such action or proceeding, whether incurred out of court or in litigation, including fees and costs incurred for representation on appeals, expert witness fees and costs for paralegal assistance. 10. Venue. All panics acknowledge that the venue for the purpose of enforcing this Agreement shall be in Collier County, Florida. 11. Notices. Whenever in this Agreement it shall be required or permitted that notice be given by any party hereto to another, such notice shall be in writing and shall be deemed to have been duly given and to have become effective (i) upon delivery or refusal of delivery, if given in person, (ii) upon delivery (with electronic confirmation of receipt), if given by facsimile transmission, (iii) on the next business day after having been sent by a reputable overnight delivery service for next business day delivery, delivery charges prepaid, or (iv) rhrcc days after being sent by U.S. mail, as certified or registered mail, return receipt requested, postage prepaid_ Notices shall be addressed to the parties at their respective addresses as set forth on Exhibit A or at such other address or addresses as any TAMP_514653 5 4 rrnf cnn•� cac>w .---\ Agenda Item No. 17K July 22, 2008 Page 44 of 128 party may from time to time specify in writing in lieu thereof. Each party hereto will promptly furnish to the other parties hereto a copy of any notice it may receive from any third person which may affect the rights of any party hereunder. 12. Covenants Running With Laud. The terms of this Agreement are covenants running with the land and inure to the benefit of, and are binding upon, the parties and their respective successors and assigns, including all owners of all or any portion of the real property interests covered hereby. All of the terms, covenants, conditions, and agreements contained in this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. 13. Entire Ageement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral and written, among the parties to this Agreement with respect to the subject matter hereof. 14. interpretation_ The headings of the various sections in this Agreement are inserted for the convenience of the parties and shall not affect the meaning, construction or interpretation of this Agrocment. This Agreement and any related instruments shall not be construed more strictly against one party than against the other party by virtue of the fact that the initial drafts were made and prepared by counsel for one of the parties, it being recognized that this Agreement is the product of negotiations between the parties hereto- is. Severability. if any provision of this Agreement shall, for any reason, be held in violation of any applicable law or held to be unenforceable, then the validity of such specific provision shall not be held to invalidate any other provision herein, all of which such other provisions shall remain in full force and effect 16. Authoriiv. Each individual executing this Agreement on behalf of a party to this Agreement represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such party. 17. Couoterpartc and Facsimile. This Agreement may be executed in multiple counterparts, each of which shall constitute an original and all of which when taken together shall constitute one instrument. Signatures transmitted by facsimile transmission or otherwise appearing on a facsimile transmission of this Agreement shall be treated in all manner and respects and have the same binding legal effect as original signatures. The parties hereto hereby agree that neither shall raise the use of a facsimile machine as a defense to the enforceability of this Agreement and forever waive such defense. [ The remainder of this page is intentionally left blank J TAMP 514653.6 5 1 i ^. Agenda Item No. 17K July 22. 2008 Page 45 of 128 IN WITNESS WHEREOF, the undersigned have; executed this Agreement as of the day and year first above written_ Witnesses: Print Print Print Name: 1) G- c<ire_i�.��,. _ Pri t ame:_� �5[JC.Si4n% TAMP 514653.6 Toll- Rattlesnake, LLC, a Florida limited liability company By: SemblerFamily Partnership U2, Ltd., a Florida limited partnership Manager By- SembleT Retail It Inc., a Florida corporation General Partner By: Name: Title: 'By- Toll FL V11 Limited Partnership, a Florida limited partnership Manager By: Toll FL GP Corp., a Florida corporation General Partner By: — Name: Title: M[bG Fountain Lakes, LLC, a Florida limited liability company By: MDG Capital Corporation, a Florida Corporattion p�gmgMember By: 4r William Klohn, Preside¢t Agenda Item No. 17K July 22, 2008 r_ Page 46 of 128 Jun. 4. 2007 6:34PM fla —rest acct No. 4249 P. 6 IN %MNESS WHEPMF, the ond=%;ped have: execute¢ this Agreerutnt as of :he day mid year first above - nittrw a,`ytarssrs Tvtl- AatQaaakt, LLC. a O Fida limited liability company J / - WI MOAi .'tint NOq r- w Mrs �T!ao �:n6i3.6 IIO/ 800 "d 69629 6 lly: Sembler Family F --rtnerzhip 442. Ltd.. a Florida limited partnership Mamtff By. Sermblcr Rttail U. Inc- a Florida postlon General $6i ter J l By, is { Nana: 2Y Tide: e a At, 'fop FL V4! Limitcd For-nership. a Florida limited partmership Munawr Fly Toll FL GP C -. a Florida a oration General P cr L Nz c Title: AtAG Fountain Lakcs, a Floridu limited liability ccm, cr $y: MDG Capital Corporation. v Florida oorpotadom. Ncanaging,;&mb� 9y: \V IJ= L. Klohn" PrCSidOT 1 TAMP 514553,#. J. LR ✓/� Mr.AL91\- tMt NN - Print Namr -- Kcviy) fne, -,cACZ 7 of 9 Agenda Item No. 17K July 22. 2008 Page 47 of 128 First Anetnhly of God efi\aples, Florida, Iae� a F�ogd on. profit corporatioq 1 /�i • , President Agenda Item No. 17K July 22, 2008 Page 48 of 128 Parties Party Promorty "Poll - .Rattlesnake, LLC Approximately2,220 acres of land lying in Sections 11, 12, 13, 14, 23, 24, and 25 of T_ 50 S., R_ 26 E. and Sections 19 c/o Toll Bros., loc. and 30 of T. 50 S., R_ 27 E., Collier County, Florida as more 28341 South "Famiami Trail, Suite 4 particularly described in the following deeds: Bonita Springs, Florida 34134 Attention: David Torres I- Warranty Deed recorded in Official Reoords Book Fax: (239) 949 -2292 3895, Page 868_ 2. Warranty Deed moorded in Official Records Book 4033, Page 1638. I- Quit Claim Deed recorded in official Records Book 3962, Page 2571. Excepting from the foregoing the land described in that First Assembly of God of Naples, 'fax Folio l! 0416560008 (being approximately 43.31 acres Florida, Inc. of land lying in the South Half of the Northwest Quarter of Section 14, T. 50 S_, R. 26 E., Collier County, Florida)_ 8892 Collier Boulevard Naples, Florida 34114 Attention: David Mallory Fax: L� TAMP 514653.6 I� / certain Quit Claim Decd recorded in Official Records Book 4002, Page 1563. MDG Fountain Lakes, LLC 'fax Folio 4 0418400700 (being approximately 23.648 acres of land lying in the South Half of the Northwest Quarter of 21801mmokalee Road, Suite 309 Soc on 14, T. 50 S., R.26 E., Collier County, Florida). Naples, Florida 34110 Attention: Bill Klohn Fax: (L� R6 - with a copy to: Mark J. Woodward, Esquire Woodward, fires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 Fax: (239) 649-7342 First Assembly of God of Naples, 'fax Folio l! 0416560008 (being approximately 43.31 acres Florida, Inc. of land lying in the South Half of the Northwest Quarter of Section 14, T. 50 S_, R. 26 E., Collier County, Florida)_ 8892 Collier Boulevard Naples, Florida 34114 Attention: David Mallory Fax: L� TAMP 514653.6 I� / Agenda Item No. 17K July 22. 2008 Page 49 of 128 F)C=ff B The Toll Exclusion Parcel Tax Polio 9 0416840003 and it 0416920004 (being The East Half (E Y_) of the East Half (E V2) of the Southeast Quarter (SE' /) of the Northwest Quarter (NW %.) of Section 14, Township 50 South, Range 26 East, Collier County, Florida.) TAMP 514663 6 l Agenda Item No. 17K July 22, 2008 Page 50 of 128 Toll Brothers Property Section 14; Township SOS; Range 26E Collier County, Florida Protected Species Survey RZ- 2008 -AR -12842 REV:1 FIRST ASSEMBLIES — AG RZ Project: 2007120010 Date: 211108 DUE: 313108 Boylan Environme taL, -- Gnsultants, c. Welland & Wddtfe SnnrJrrl " r nlal Pemdaing. Jm- nm 11000 Metro Parkway, Suite 4 Fort Myers, Florida, 33966 Phone -, (239)418 -0671 Fax: (239) 418-0672 January 24, 2009 Agenda Item No. 17K July 22. 2008 Page 51 of 128 INTRODUCTION Two environmental scientists from Boylan Environmental Consultants, Inc conducted a field investigation on the 10.72 acre property on January 23, 2008. The propose of this field investigation was to identify the presence of protected species and species habitat, Additional lime was spent conducting FLUCFCS mapping. The survey was conducted between the hours of 8;00 a.m. and 11:30 a.m. During the site inspection on January 23, 2008 the temperature was in the mid 60's to mid 70's ranging from 66.0 °F to 77.0 °F. It was partly cloudy outside with an average of 8.10 mph South westerly winds. Weather information acquired fiem k%qt+'.}± ;uhrrnii4cr.: ound_um The site is located in portions of Section 14, Township 50 South, Range 26 East, in Collier County, Florida. Specifically, it is located some distance east of CR 951 and north of Better Way Boulevard in Naples. � S azo. +�o�ro• IQvy ws+.erere�• Kf m rp � P Y p Y} A n b N Lt � \A- CP. 664 CR 664 Data use subject to license. ft t] 2007 DeLorme. Street Atlas USA® 2008. 0 600 1200 1800 2400 3000 vw w.delorme.com Data Zoom 13 -3 2 Agenda Item No. 17K July 22, 2008 Page 52 of 128 SURVEY METHODOLOGY The property was surveyed for the presence of listed species in accordance with the overlapping belt transects method. This method is comprised of a several step process. First, vegetation communities or land -uses on the property or study area are delineated on an aerial photograph based on nomenclature of the Florida Land Use, Cover and Forms Classification System ( FLUCFCS). Next, the FLUCFCS codes or land -use types found on the property are cross - referenced with the Collier County Protected Species List. This protected species list names the species that have a probability of occurring in any particular FLUCFCS community. Then, each community is searched in the field for the species within that particular FLUCFCS type. An intensive pedestrian survey is conducted using parallel belt transects that are approximately 10- 40 feet apart, depending upon both the thickness of vegetation and visibility, as a means of searching for plants and animals. In addition, periodic "stop-look- listen" and quiet stalking methods are conducted for animals. Signs or sightings of these species are then recorded and are marked in the field with flagging tape. The table at end of this report lists the FLUCFCS communities found on the property and the corresponding species that have the potential to occur in those communities. Transects were walked approximately as shown on the attached protected species survey map. Particular attention was placed upon locating potential fox squirrel nests and eagle's nests within the forested portions of the property. Nearly 100 percent of the property that was considered as potential tortoise habitat was surveyed. SITE CONDITION$ On January 23, 2008 the temperature was in the mid 60's to mid 70's with a light south westerly breeze. There were clear to partly cloudy skies. Listed below are the vegetation communities or land -uses identified on the site as shown on the attached FLUCFCS map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation 1999) for definitions. Attached is a jurisdictional determination letter from the SFWMD, dated June 8, 1999 which states that the property does not contain any jurisdictional wetlands. 411E1 Pine Flatwoods with exotics (approximately 1.22 acres) This community was dominated by slash pine with a saw palmetto under -story. Scattered throughout the community were cabbage palms, melaleuca (5 -15% coverage), salt bush, rusty lyonia, beauty bevy, love vine, poison ivy, grape vine, chocolate weed, penny royal and black root 411E2 Pine Flatwoods with exotics (approximately 4.00 acres) This community contained slash pine, melaleuca (25 40% coverage), cabbage palms, earleaf acacia, saw palmetto, coca plum, spotted spurge and poison ivy. Agenda Item No. 17K July 22, 2008 Page 53 of 128 This community contained slash pine with large amounts of melaleuca (approximately 95% coverage) and scattered brazilian pepper (5 -10% coverage). 424 Melalenea ( approximately 1.48 acres) This eommurtity was dominated by a dense melaleuca strand. This community was co- dominated by pine, cypress and cabbage palms with scattered earleaf acacia and laurel oaks. The under -story contained wax myrtle, spotted spurge, grape vine and various herbaceous species. The community contained approximately 35- 49% melaleuca coverage. 814 Primitive Trail ( aporoximately 0.25 acres) This community consists of a cleared dirt trail that vertically bisects the northern portion of the property. Table 1: FLUCFCS COMMUNITIES BY PERCENTAGE FLUCFCS DESCRIPTION ACRES PERCENT 411E1 Pine Flatwoods with exotics 1.22 12% 411E2 Pine Flatwoods with exotics 4.00 37% 411E4 Pine Flatwoods with exotics 2.18 200/0 424 Melaleuca 1.48 14% 438E2 Mixed Hardwoods with exotics 1.59 15% 814 Primitive Trail 0.25 2% TOTAL: 1 10.72 100% 'Total Upland SPECIES PRESENCE 10.72 ac. 1000/0 During our field survey for protected species on the property, we did not observe any protected species or signs thereof. No nest -like structures or tree cavities were noted. No tortoise burrows were identified. We observed burrows belonging to armadillos, which were not marked in the field. There was no evidence that these burrows were being used by gopher tortoises. The various listed species that may occur in the FLUCFCS communities have been tabulated on the attached table. Agenda Item No. 17K July 22, 2008 Page 54 of 128 Table 2: Collier County Protected Species Survey Summary Protected species having the potential to occur in the corresponding FLUCFCS community or land -types with corresponding field survey results. ]<LUCFCS CodeJAreB PotenEial protected Speclea % Surveyed Spectts present Spl pes Absent Densiiy (Acre] Vrstbtltty. (Feet) 411 Beautiful Pawpaw 90 X 20 Big Cypress Fox Squirrel 90 X 20 Fasten htdigo Snake 90 X 20 FakahatcheeBurmannin 90 X 20 Florida Black Bear 90 X 20 Florida Coontie 90 X 20 Florida Panther 90 X 20 Gopher Frog 90 X 20 Gopher Tortoise 90 X 20 Red- Cockaded Woodpecker 90 X 20 Satinleaf 90 X 20 Southeastern American Kestrel 90 X 20 Twisted Air Plant 90 X 20 424 NONE — — 20 438 Florida Black Bear 90 X 20 814 NONE — — 20 5 Ar F Q Ud. : I Ui CL 0 5 15 *6 cc uo FZ LL) Lu I F Q Ud. : I Ui CL 0 5 15 *6 cc IL 0 U) 0 00 °0 0 OC U) LU r j 0 LL cc CO 0 I-- F Q Ud. : I 5 15 *6 0 0 00 °0 0 0 0 F Q Ud. : I N O N a� O v: ri ti v c v 2 CN$°� 11Z W C7 N ,°eN.rt�n ! u �3 d m O P Y N u. u F F F wWw 3 2 CC v r. F*7Vu2WW� zr k ri ti v c TI ;�e W a W ..m Q� v CN$°� tW1iri °oo N N egg ! u �3 d m O P Y N N 0 u F F F wWw 3 2 3 3 3 0 zr d r4 r4 '42 ro)V1 Aawa� a. d �ryy �i y UaK<rvvooE TI ;�e W a W ..m Q� BE I,1 2 III CL O cc a- w u> = 4 O cc m J gill c q �w c v °oo N N egg ! u �3 i2 0. m O P Y N u BE I,1 2 III CL O cc a- w u> = 4 O cc m J gill c q �w c Agenda Item No. 17K July 22, 2008 Page 57 of 128 South Florida Water 0- �e—n6i-s—ict tr June 8, 1999 Mr. Jim Keltner Boylan Environmental Consultants, Inc, 11000 Metro Parkway, Suite 4 Fort Myers, FL 33912 Dear Mr. Keltner: Subject- Assembly of God 2 S 14lT50SIU6E, Collier County The District offers the following in response to you request for a jurisdictional determination of wetland boundaries and other stuface waters located within the subject propetty. A site inspection was conducted by Dawn Underwood, Staff Environmental .analyst, of the Natural Resource Management Division, on March 10, 1999. The aerial photographs and project boundaries (defined by the solid line on the attached aerial) define the area that was inspected. Based on the information provided, ilre project site contains wetlands or other surface waters as defined by Chapter o2 -340 F.A.C. The limits of due wetlands and other surface waters are indicated on the attached Exhibit I. Works in these areas will require a permit from this agency. hr addition, the attached memorandum further describes the areas inspected. "Phis correspondence is an informal preapplication jurisdictional determination pursuant to Section 373.421(6) acrd FAC 62- 312.040(7). It does not bird the District, its agents or employees, nor does it convey any Iega1 rights, expressed or implied. Persons obtaining this mfonnal preapplicatiou jurisdictional determination are not entitled to rely upon it for proposes of compliance with provisions of law or District rules. A biuduigjurisdictional determination may be obtained by subnrittir� an application to the South Florida Water Management Dist) ict for a 1'onnal delernrination pursuant to Chapter 40E -4.042 F.A.C. or by ..pply ing for a permit. l imrrnn,g LW,J: M ichad Collins, Cnnfnrmn Michael D. Mintrn, Vice Ciutimuin Mln:.hdi W.13rrgrr Wm Mf. Caner Aiicnla= J. Om irrrc:,Jr Otnndn a. rcm:m.ie: Harkley K rhumton 'arni Lj. Cl "son ro.di K. Willia= o•u��cshrml.g�.ty James I fatvcv, Interim Ewum -,, Direew Michael Slayton, DEpute Ewrwim Dimar,;e Tnv111 (:nmplvlt, Ihpury Esennn < 1)ircarn' Agenda Item No. '17K July 22, 2008 Page 58 of 128 Mr. Jim Keltuer Assembly of God 2 June 8, 1999 Page 2 of A file has been set up at the Fort Myers office with pre- application materials. If you have any further questions, please contact Dawn Underwood at 941/338 -2929. SincereIy� ren M. fo on Supervisin Professional Fort Myers Service Center KMJ /du Attachment (Aerial and Memorandum) Cc: Collier County 1 F, CIE 4. Agenda Item No. 17K July 22, 2008 Page 59 of 128 RZ- 2008 -AR -12842 REV:1 FIRST ASSEMBLIES — AG RZ Project: 2007120010 Date: 2/1/08 DUE: 313/08 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST NAME OF APPLICANT: Bill Klohn, MDG Fountain Lakes, LLC MAILING ADDRESS: 2180 Immokalee Rd., Ste. 309 CITY Naples STATE FL ZIP 34110 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): LEGAL DESCRIPTION: Section: 14 Township: 50 Range: 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00416920004 and 00416840003 Metes & Bounds Description: See attached sketch. 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c . FRANCHISED UTILITY SYSTEM ❑ ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) _ e . SEPTIC SYSTEM ❑ 6 . TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ 7. TOTAL POPULATION TO BE SERVED: 3.4 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 1.45 gpm AVERAGE DAILY 523.6 gpd B. SEWER -PEAK 1.05 gpm AVERAGE DAILY 340 gpd APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11/28/2OD6 Agenda Item No.'17K July 22, 2008 Page 60 of 128 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and scbematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is Iocated within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and comiection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 101IT97 APPLICATION FOR PUBLIC REARING FOR STANDARD REZONE I1R62006 COLLIER COUNTY Agenda Item No. 17K July 22, 2008 RZ- 2008- AR- 12842Page EV 128 FIRST ASSEMBLIES — AG RZI Project: 2007120010 Date: 211108 DUE: 313108 WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ray V. Bellows, Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Toll Borthers Property 10 Acre Parcel LOCATION: (Common Description) North of A Better Way Boulevard and some distance west of County Road 951. SUMMARY OF WAIVER REQUEST: The site was reviewed by the States Division of Historical Resources during the permitting process for the SFWMD and ACOE permits that exitst on the property. Please see the attached letter from the state dated March, 25, 1997. (Properties located within an area of Historical and Archaeological Probability but with a low potential for historica [larch aeologicaI sites may petition the Community Development & Environmental Services Administrator or his designee to waive the requirement for a Historical /Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical /archaeological sites.) Historic Prc motion/Formsi91130104 Agenda Item No. 17K July 22, 2008 Page 62 of 128 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Bill Klohn - MDG Capitol Coorporation Mailing Address: 2180 Immokalee Road, Suite 309 Naples, Fl. 34110 Phone: (239) 594-8700 FAX: (239)596-4399 B. Name of agent(s) for applicant, if any: Bob Duane - Hole Montes Mailing Address: 950 Encore Way Naples, Fl. 34110 Phone: (239) 254 -2000 FAX: (239)254 -2098 C. Name of owner(s) of property: Toll - Rattlesnake, LLC Mailing Address: 28341 S. Tamiami Trail, Ste. 4, Bonita Springs, FL 34134 Phone: (239) 949 -2304 FAX: 239 - 949 -2292 Note: If names in answers to A and /or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: n!a Plat Book not plated Page Unit Block Lot Section 14 Township 50 S Range 26 E I Iisrorlc Prescrvaricn /Fonns/ 11/30/07 2 Aaenda Item No. 17K July 22, 2008 Page 63 of 128 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: square feet, or 10.72 acres Width along roadway: 334 Depth: 1341 C. Present use of property: vacant D. Present zoning classification: pud SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development & Environmental Services Administrator may seek counsel of the chairman of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph 2. Historical Land Use Description: 3. Land, cover, formation and vegetation description: 4. Other: Review by the States Division of Historical Resources Histv,ic P¢scrvutiomTortnS /1 1/30 /04 3 Agenda item No. 17K July 22, 2008 Page 64 of 128 B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8'/:" x,1,4 ") folder, 1� -� Signature of Applicant or Agent Bob Duane. Printed Name of Applicant or Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: 2. I Approved on: By: Approved with Conditions on: (see attached) Denied on: (see attached) Historic P¢scrvntion/Fonns /11/30/04 M Agenda Item No. 17K QRIGINALPage o5 of 1028 pro 41CLt3 Dtvtstow �( o i�u P �o�e f�x1t � P ^ice We I, O;� I-pt L FJ_ :1aT C.(0{ft MCiK9c + N4rt pF oLL Nitflt E5M9 Ct� being first duly sworn, depose and say that we/l amore the L(� owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be al- tered. Public hearings will not be advertised until this application is deemed complete, and all required informa- tion has been submitted. As property owner We/l further authorize Robert L Duane ters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was identification. State of Florida County of Collier Signature as `Da-✓ 1 6 any mat- 70f—,?E�5 p4✓�s(0�j f V JO 7atc. f=1_ V7— LP 7Zxc-- %A Tit l -: A 444 OOZE by LLL Typed or Printed Name of Owner -a U- 'FiL�CPfK. 1f.q/TNEX OF �Err6�X n ER Oi� ed me this -)-V- day of Sv�ve 2 personally known-to--m----pr has produced (Signature of Notary Public - Stye of Florida) a `.. MY COMMISSION r DD 302135 EXPIRES: Mardi 22 2006 6u Tvuft y Pions � (Print, Type, or Stamp Commissioned Name of Notary Public) AFFORDABLE HOUSING EXPEDITED REVTEW PUDA- 2007 -AR -12043 REV_ 1 Project: 19990088 Date; 7/20/07 DUE: 8 /10107 S FLORIDA DEPARTMENT OF STATE Sandra B. Mortham SecreGuy of State DIVISION OF HISTORICAL RESOURCES R.A. Gray Building 500 South Btonough Street Tallahassee, Florida 32399 -0250 March 25, 1997 Director's Office (904) 488 -1480 Nh-. Jim Keltner Boylan Environmental Consultants, Inc. 10231 Metro Parkway, Suite 202 Ft. Myers, Florida 33912 Telempier Number (FAX) (904) 488 -3353 RE: Cultural Resource Assesstnent Request USACOE Nationwide Permit Application Assembly of God Tract Collier County, Florida Dear Mr. Kellner: Agenda Item No. 17K ,July 22, 2008 Page 66 of 128 In Reply Refer To: Scott B. Edwards Historic Sites Specialist (904) 487 -2333 Project File No. 971173 In accordance with the procedures contained in 36 C.F.R-, Part 800 ( "Protection of Historic Properties "), we have reviewed the referenced project for possible impact to historic properties listed, or eligible for listing, in the National Register of Historic Places. The authority for this procedure is the National Mstoric Preservation Act of 1966 (Public Law 89 -665), as amended. A review of the Florida Master Site File iudieates that no significant archaeological or historical sites are recorded for or likely to be present within the project area. Furthermore, because of the project location and/or nature it is unlikely that any such sites will be affected. Therefore, it is the opinion of this office that the proposed project will have no effect on historic properties listed, or eligible for listing, in the National Register offlistoric Places. If you have any questions concerning our continents, please do not hesitate to contact us. Your interest in protecting Florida's historic properties is appreciated. GWP /Ese Archaeological Research (904) 487 -2299 Sincerely, J George W. Percy, Director Division of Historical Resources and State Historic Preservation Officer Florida Folklife Programs Historic Preservation Museum of Florida History (904) 397 -2192 (904)487.2333 (904) 489 -1484 Agenda Item No. 17K July 22.. 2008 Page 67 of 128 SUNwart. uiw M ns+cur- ul.wcwmmn� rwwwnr * .ncw �mvc sma -�.rc (u� m zcuq • wt Ks wmwnttr i m[ (xor ro .gyp 's`r`7 �wcaa r.smne one BELLE MEADS QVAIDL CLE AREAS OF HIn'ORICAI /AR HA I CA PROBABI 0 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Aaenda Item No. 17K 2800 NORTH HORSESHOE DPjyE 22, 2008 NAPLES, FLORIDA 34104 Page 68 of 128 (239) 403 -2400 FAX (239) 643 -6968 ft-R+ 12- -�,c4 9 REZONE -STANDARD PRE - APPLICATION MEETING NOTES Date: 11-507 Time: n1 Firm: tAy0 e. MoaI2S Y Project Name: \ 2ST ASSEtAsu2g G tMznQ (` K) Applicant Name: :%gsT ASS�1tgtlES/rTbl(- Phone: zJrti 700T7 e Owner Name: VAL. a54",�092 Owner Address: Assigned Planner: Meeting Attendees: (attach Sign In Sheet) Meeting Notes �htoc.�E Pfa Ap in NO F Ej--- C_0LLE -gyp RZ- 2008 -AR -12842 REV:1 FIRST ASSEMBLIES — AG RZ Project: 2007120010 Date: 211108 DUE: 3/3/08 PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner nrior to the due data SCHOOL DISTRICT A# PARKS & REC — Amanda Townsend M/.4 SUPERVISOR OF ELECTIONS IMMOKALEE WATERISEWER DISTRICT A DR/EM1 —EMER. MGMT —Jim �/ UTILITIES ENGINEERING — Zamira Deltoro Von Rintein /` BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT CDES Coordinator — Linda B. Route Sheet only �/ x Executive Director July 22, 2008 REZONE - STANDARD Page 69 of 128 (RZ) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area Y 1 Completed Application (download from website for current form) 20 V Pre-Application meeting notes 20 Deeds Le al's 2 List identifying Owner & all parties of corporation Owner/Agent Affidavit signed & notarized 2 Completed Addressing Checklist molt rAo 0 2 Environmental Impact Statement (EIS) and digitol/electronic copy of EIS or exemption justification 3 U0k-rr C=r' c n^we r-09- Historical Survey or waiver request 4 Utility Provisions Statement w /sketches Survey, signed $sealed Suftvq e1 o Aagj w�AR hZ Traffic Impact Statement (TIS ) or waiver 4 4 7 t/ Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary 5 Electronic copy of all documents and plans (CDRom or Diskette) N4 1 If located in RFMU (Rural Fringe Mixed Use) Receiving Land A_ reas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239- 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. Fees: Application Fee: $6,000 + $25 per acre (IDPI Fac $100.00 Fire Code Review U P� StA�mt01 \J $750.00 Comprehensive Planning Consistency Review ❑ 41PI$500.00 Pre - application fee (Applications submitted 9 months or more offer the date of the last pre - application meeting shall not be credited towards application fees and a new pre - application meeting will be required). ❑ $2500.00 Environmental Impact Statement review fee C Pks i>{ec�p SuBKc ❑ $729.00 Legal Advertising costs for CCPC meeting (to be reconciled upon receipt of invoice from Naples Daily News). ❑ $363.00 Legal Advertising costs for BCC meeting Transportation Fees, if required: 1E -NAtI. Mid Ip-E11El l ❑ $500.00 Methodology Review Fee, if required 1 El $750.00 Minor Study Review Fee, if required QER 1-,5 ID',2.1FAM en t ❑ $1,5D0.00 Major Study Review Fee, if required -y-o - ?aU=2Ep_W -,rJ St�coNTIZ<�C 'a'�a.sl lE 1-'v Ltii GOP- Fee Total $ t-la- -w.sc-5 App(icantlAgent Signature Date Department of Zoning & Land Development Review 2800 North Horseshoe Drive Nap3es, Florida 34104 (239)403 -2400 Fax: (239)643 -6968 or (239 )213 -2916 Fax To: �(� From: Y�a�-- ll Fax: a 4 z�-c 9 Date: Phone: ;tS4 Pages: t-tRsr ASSU� .t3�13 10 -Ac. Re: CC: ❑ Urgent Comments: Aaenda Item No. 17K July 22, 2008 Page 70 of 128 ❑ For Review ❑ Please Comment ❑ Please Reply ❑ PIease Recycle Agenda I'.em No. P.7K1 July 22, 2008 z x t Immediate TX Result 'ReDort ( Dec. 5. 2001 3 :56PM j x z rXage71of128 u 2) Date Time Destination Mode ----------------------------------------------- Dec, 5. 3: 54PM 92542099 G3TES) TXtime Page Result User Name ----------------------------------------- 2'23' P. 21 OK S . Batch C . Confidential S Transfer P Polling M Me mp ry L Send leter 0 For ardina E ECM S Steoderd D Cete' F Fine U Super Fine ) Re dacti H Stored /D. Server LAN —Fax + Delivery O RX N.tiae Rea. A RX Notice > Mail E>: IP —FAX C3 Folder Fig No. 0737 Y � � N 0 N � r N m m a a Q bti C v+ rrW��yy V / Vl Ia V Z LU W W F- 0 w CL 1 0 1 ce C 0 E^ i 0 m m C a m c 'c 0 N 0 C d E a 2 m O C2 W Z Z a C6 C6 0 W Z 0 N N a LU d .Q E Z d 0 O L CL N V3 Lu L O a a G W LU W ca Z„ W' Z O x CL fL`o N LU W O Z � O H i s Z m o V W a Z Fj r7 N W N /V Q w U 0 U 4 N d_ d L N c c m .y w N } S 2 d n`. Details Agenda Itepago. I a I e J--r-1--1 ___- ,r_.._ Prop rty Record Sketches fCurrent Ownership I Folio No. 00416920004 Property Address NO SITE ADDRESS jury cc, cVuo Page 73 of 128 Owner Name TOLL- RATTLESNAKE LLC Addresses 26341 S TAMIAMI TRL STE 4 Clityl BONITA SPRINGS I State FL Zip 34134 -3225 Legal 14 50 26 E112 OF SE114 OF 4 SE714 O;F NW714 i Section Township Range Acres Map No. No. 14 U 50 H 26 _ 1 _Strap 502614 008.0(M SB14 Sub No. 100 ACREAGE HEADER Millage Area '� I1Nllapa "b Use Code 99 NON - AGRICULTURAL ACREAGE 39 11.065 2007 Final Certified Tax Roll (Subject to Change) If all Values shown below equal this parcel was created after the Final Tax Roll Latest Sales History Land Value $375,000.00 Date Book - Page Amount (+ ) Improved Value 11 $0,0101 0912005 395@ - 9b9 $ 107,700,DDO.OD I =) Market Value $ 375,000.00 0612002 3054 • 1480 $ 350,000.00 ( -)SOH Exempt Value $ 0.00 081 1997 2738.:. -31.49 $ 170,000.00 (_) Assessed Value $ 375,000.00 081 1997 2338. -.3143 $ 0.00 I -) Homestead and other Exempt Value $ 0.00 1=) Taxable Value $ 375,000.00 SOH = "Save Our Homes" exempt value due to rap on assessment increases. i The Information is Updated Weekly. http: /,'www.collierapprai ser.com/R ecordDetaiLasp? Map= No &FoliolD= 0000000416920004 12/5/2007 Details Agenda ItePagg.110fl July 22, 2008 Property Record E Sketches age 74 of fI a Current Ownership i Folio No. I ll Property Addressil 3726 VICTORY CIR j4 Owner Name TOLL- RATTLESNAKE LLC Addresses 128341 S TAMIAMI TRL STE 4 Cql BONITA SPRINGS I Zpl 34134 -3225 Legall 14 50 26 E112 OF NEV4 OF SEV4 OF NW114 Section TownOship R26ge A NS814o. 14 6� 502614 007.0DOSS14 Sub No. t00 ACREAGE HEADER Millaae Area "� N{illaae 'Use 70 INSTITUTIONAL 39 11.065 2007 Final Certified Tax Roll (Subject to Change) It all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 375,000.00 ook- Page Amount ( +) Improved Value $0.001 l98 @cfl66 S 107,700,OD (= Market Value $ 375,000.00 054 -1460 5350,000.00 ( -) SOH Exempt Value $ 0.00 ;i�k- 3L44 E 170,000.00 ( =) Assessed Value 5375,000.00 ( -) Homestead and other Exempt Value 11 5 0.00 ( =) Taxable Value 1 $ 375,000.DO SOH = "Save Our Homes" exempt value due to cap on assessment increases. i The Information is Updated Weekly. httxx• /Axnxnxr rAIIi iersnnmkf-.r . enm/ ROCOTdDetail .asD ?MaD— No &FolioID= 0000000416840003 12/5/2007 -P03 5-0 AperW9W o. 17K F� �� '� ge 7 of �28 COLLIER COUNTY GOVERNMENT py 2800 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT 4 "', NAPLES, FLORIDA 34104 ADDRESSINo CHECKLIST Please complete the followinit and fax to the Addressing Dapartrrrerd at 239-659.5724 or submit M person to the Ad&nsctg Department at the above address. Form must be signed by Addressing personnel prior to pro- oppacation meeting. Not al Rents will apply to *very project, Rem% In bold type ore required. Forms older Ihan 6 months will require additional review rind approval by the Addressing Doparfinent. PETITION TYPE (dnK* pefdion type b0ow, complete a spWale Addressfrrg Chocidist for each Petition rype) BL (Bras" Permit) Q SDP (Site Development Plan) BD (SMI Dock (tension) U SDPA (SOP Arnendrnent) C rnh,aVC rwx Permit U SOPI (Insubsiential Change to SDP) CU (Conditional Use) SIP (Site Improvement Plan) t XP (E,xcovation Permit) SIPI (Insubstantial Change to SIP) FP (Final Plot SNR (Street Nance Change) LLA (Lot Line Adjustment) SNC ( StreM Name Change - Unpiattetp PNC (Project Name Change) ❑ MR (frsnsfor of Development Rights) PPL (Plans d Plat Review) ❑ VA (Variance) PSP (Preliminary Subdivision Plot) U VRP (Vegetation Removal Permtl) PUD Rezone LL,,,,JJ VRSFP (Vegetation Removal & Silo Fit Permit) RZ (Standard Rezone) H OTHER LEGAL DESCRIPTION of subject property or properties (copy of longthy description may be attached) See attached legal description — Po-r CA-A S r1 , S 'q. - 1 •` ) I+ - S-d — Z r� FOLIO (Property ID) NUMBER(s) of above raft.-M to, or associate with, legal desefrptron if mare then one) 00410920004 (borders The Lord's Way) 00416940003 (3762 Victory Circe) STREET ADDRESS or ADDRESSES (as applicable. if already assigned) LOCATION MAP must be attached showing exact locotion of projectlrft in rolallon to nearest public read right -of -way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applIcable) PROPOSED STREET NAMES (If applicable) SITE DEVELOPMENT PLAN NUMBER (for exislog projectVaifeS only) SDP - or AR # 12043 Agenda Item No. 17K July 22. 2008 DeselernKay Page 75 of 128 Subject: Updated: Telephone Pre -App; First Assembly Ministries MPUD; Bob Duane, Meeting Status: agent; Kay Deselm, planner Location: Kay Deselem Start: Wed 12/5/2007 1:00 PM End: Wed 12/5/2007 2:00 PM Recurrence: (none) Meeting Status: Accepted Required Attendees: CDS -C; DeselemKay; bobduane@hmeng.com Applicant is aware that Kay is to initiate call at 1 pm. Meeting Request Number: 3310 Meeting Type: preapplication Requested By: Robert Duane on 28- Nov -07 Phone: 254 -2000 entail: bobduane @bmeng.com Representing: Hole Montes, Inc. Folio: 00416560008 Zoning First Assembly Ministries MPUD AR 12043 SPD /SIP Subject Type: Rezone Location: Lords Way Naples 34114 Description: Telephone Pre application First Assembly Ministries MPUD AR 12043 Rezoning from PUD to A Agriculture Please call Bob or Janice to set up time at 254 -2000 Thank you LAND DEVELOPMENT ADDRESSING CHECKLIST - PAGE 7y'40 Agenrl QW101 8. 17K July 22, 2008 Page 77 of 128 Page t d 2 Projed or uevOoprnent names proposed for, or already appeoring n. condorninium doctments (1f apolicralinn; indicate whethrot propmod or e%:stn7g) Plea" Check Qrte: ® ChaaJdX Is to be FuzCd bade C3 Pownally Picked Up APPLICANT NAME. Robert L. Duarte pf Sole Mantes. Inc. PHONE 26+4 -2000 FAX 254-2099 Signature on Addressing Chaektist does not constitute Project andfor Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY -1 Primary Number G 13 Address Number (�30Z Address Number Address Number Approved by: A"-e z t ' l-6-; 0- r + Daw. Updated by:` Date: IF OLDER THAN 5 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 GXSrrontl pPrra5Cn FW"'AddteG" Chcckst r a20Mrr.tow RZ- 2008 -AR -12842 A J Cm ly 2, 2008 FIRST ASSEMBLIES – AG Ike 78 of 128 Project: 2007120010 Date: 211/08 DUE: 313108 TO: File FROM: Dawn Underwood; Staff Environmental Analyst, NRM Division THROUGH: Karen M, Johns 4/ervising Professional, NRM Division DATE: June 8, 1999 SUBJECT: Assembly of God 2 Collier County, S14/T50S/R26E On March ID, 1999 a field visit with Jim Keltner and Jeremy Sterk of Boylan Environmental Consultants, Inc. was performed on the above referenced project. The project encompasses approximately two 10 acre parcels located east of the permitted Assembly of God facility. 1 _� —$The 10 acre parcel immediately east of the existing development is an upland site dominated by melaleuca and slash pines, The second site is located east of the Florida Sports Park facility, just south of the Assembly of God project_ This parcel consists primarily of a wetland community dominated by slash pine, scattered cypress and a heavy coverage of melaleuca. The northwest corner of the site is an upland community dominated by slash pines and saw palmetto. The site also includes a small upland island dominated by slash pine and saw palmetto located within the wetland area Staff recommends that monitoring of the water table at the project site be initiated as soon as possible in order to establish an accurate control elevation which will maintain or improve the function of the wetlands. o-160 5D!" Agenw,09 ("do. 17K FILE N CUM of 128 COLLIER COUNTY GOVERNMENT 2600 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES. FLORIDA 34104 �_ ADDRESSING CHECKLIST �� Plam oomptete the following and fax to the Addressing Dapertrnenl 111 230-659-5724 or submit In person to the Addressing Department at the above address. Form must be signrd by Addrecsing peraorwwl prier to pro- opprfeation meelhg. Not ON Xeme will apply to every project. Items In hold type are required. Forms olow than 6 monthe will require addilionol review and approval by the Addressing Department. e : xrre PETITION TYPE (rd ooch petition type be ow. camplate a separate Addne=kV Chack}ist for each PotNion type) n 13L (Blasting Permit) Q SDP (Site Development Plan) 80 (Boal Dock P49nston) (,J SDPA (SOP Amendment) CunivaVC6cus Porma jJ SDPI (Insubstantial Change to SDP) [] CU (Conditional Use) SIP (Site Improvement Plan) EXP (Excavation Permit) SIPI ( insubstantial Change to SIP) j� FP (Final Prat ❑ LLA (Lot Line Adjustment) SNR (Strret Name Change) SNC (Sireal Nrane Change - Unplalted) 0 PNC (Project Name Change) Q TOR (Tronsfor of Development Righm) PPL (Plans 8 Plat Reviaw) ❑ VA (V anance) r PSP (Preliminary Subdivision Plat) PUD Rezone U VRP (Vepcialton Removal Perrnll) IJ VRSFP (Vegetation Removal S Silo Fit Permit) [) RZ (Standard Rezone) H OTHER LEGAL DESCRIPTION or subject property or properties (copyoilcngthy descrip(ion may be attached) See atthed regal description — 90--c c-r- -A s '1 - A 11 • I ,L I LA- - <.X> -- FOLIO (Property 10) NUMBER(&) of above (attocn to, or assoeiofc with, legs/ desMpbon Amoro Then one) 00410920004 (borders The Lord's Way) 00410840()03 (3762 Victrxy Circle) STREETADORESS or ADDRESSES (as applicable, it already assigned) LOCATION MAP must be anaehed showing txor.1 location of project/site in relation to nearest public road right-of-way • SURVEY (copy - needed only for unpletted properties) PROPOSED PROJECT NAME (ifappllcable) PROPOSED STREET NAMES (41 appticable) SITE DEVELOPMENT PLAN NUMBER (for oxisfifV projecryhites N)yy) SDP - or AR # 12043 Agenda Item No. 17K July 22, 2008 DeselemKay Page 80 of 128 Subject: Updated: Telephone Pre -App; First Assembly Ministries MPUD; Bob Duane, agent; Kay Deselm, planner Location: Kay Deselem Start: Wed 12/5/2007 1:00 PM End: Wed 12/512007 2:00 PM Recurrence: (none) Meeting Status: Accepted Required Attendees: CDS-C; DeselemKay; bobduane@hmeng.com Applicant is aware that Kay is to initiate call at 1 pm. Meeting Request Number: 3310 Meeting Type: preapplication Requested By: Robert Duane on 28- Nov -07 Phone: 254 -2000 eMail: bobduane@,hmeng.com Representing: Hole Montes, Inc. Folio: 00416560008 Zoning First Assembly Ministries MPUD AR 12043 SPD /SIP Subject Type: Rezone Location: Lords Way Naples 34114 Description: Telephone Pre application First Assembly Ministries MPUD AR 12043 Rezoning from PUD to A Agriculture Please call Bob or Janice to set up time at 254 -2000 Thank you DeselemKay From: Mark Woodward [MWDodward(dwpl- legal.com] Sent: Wednesday, June D4,2008 5:36 PM To: Denise Larson; student—M; mstrain®colliergov.net; DesebmKay Cc: Bill Klohn Subject: RE Toll-Rattlesnake, LLC Ownership Agenda Item No. 117K July ' Page 8 � 1 This tine represents MDG Fountain Lakes and we have been asked to provide information regarding the owns shiplcorporate structure of Toll- Rattlesnake, LLC a Florida Limited Liability Company who owns the easterly 10 acre parcel that Is the subject of a PUD /Agricultural rezoning petition. From a search of the public records and from information provided to Hole Montes from the attorney for Sembler Famiy Partnership #42, Ltd the following is the ownership structure of Toll- Rattlesnake, LLC: The Manager of Toll- Rattlesnake, LLC is Sambler Family Partnership 042, Ltd, a Florida Limited Partnership The General Partner of Sembler Family Partnership #42, Ltd is Sembler Retail II, Inc a Florida Corporation. Officers and Directors of gambler Retail II, Inc. are: 1) Melvin F. gambler, Director/Chairman 2) Crag H. Sher, Director/Vice PresidenVfreasurar /Secretary 3) Brent W. Sembler, Director/Vice President/Secretary 4) Gregory S. Sembler, Director/President 5) Jeffrey S. Fuqua, DinctorNce President/Secretary 6) Ronald P. Wheeler, Vice President The Limited Partners of Sembler Family Partnership #42, Ltd are: 1) Melvin F. Sembler Family Trust, u /a/d March 14, 1975 2) Brent W. Sembler Family Trust, Wald July 14, 1989 3) Gregory S. Sembler Family Trust, u/a/d September 21, 1989 4) Craig H. Sher Family Trust, u /a/d March 27, 2006 Should additional information be required please advise. Woodward Pires 6 Lombardo PA Mark J Woodward, Esq. 6/4/2008 Aaenaa item No. t r July 22. 2008 Page 82 of 128 FLORIDA DEPARTMENT OF STATE Division of Corporations May 9.2008 SEMBLER FAMILY PARTNERSHIP #42, LTD. 5856 CENTRAL AVENUE ST. PETERSBURG, FL 33707' SUBJECT: SEMBLER FAMILY PARTNERSHIP #42, LTD. DOCUMENT NUMBER: A05000001736 In compliance with the request on your 2008 Annual Report, the oertlifoats of status for the subject limited partnership is enclosed. Should you have any questions regarding this matter, please telephone (850) 245- 6051. Buck Kohr Registration Section Latter No. 40SA00029663 P.O. BOX 6327 - TaUxhas"e, Florida 82814 ,:I .. I - --- - --- - - - - - - - - - - - - - - - - - ---- - - - - - Agenda Bern No. 17K www.stmbiz.Q`g - Department of State July 1i 1f 2 Page 8 c�� $ Home Contact Us E- Filing Servlcee DooumeM Searches Form Heap enlylotpOn_List Next on List Return To list Ever-ft Name History Entity Detail by Entity Name Florida Limited Liability Cornpan TOLL - RATTLESNAKE, LLC Filing Information Document Number L05000021004 FEt Number 204037661 Date Flied 0310212005 stab FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 09212005 Event Effective Date NONE Principal Address 5858 CENTRAL AVE. ST. PETERSBURG FL 33707 US Changed 04/302008 Mailing Address P.O. BOX 41847 ST. PETERSBURG FL 33743 -1847 Changed 04/302008 Reaistered Agent Name & Address SEMBLER, GREGORY S 5858 CENTRAL AVE. ST. PETERSBURG FL 33707 US Nam Changed: D41302008 Address Changed: 04!302008 Manager /Member Detail Name & Address Title MGR SEMBLER FAMILY PARTNERSHIP #42, LTD 6853 CENTRAL AVENUE ST. PETERSBURG FL 33707 US http:// www .sunbiz.orglscriptsicordet.exe? action- DETFIL &inq_doc_ number- LO500002l004 &inq_came_f... 61V2008 Agenda Item No. 17K July 22, 2008 Page 85 of 128 2007 LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT # L05000021004 ,. E q U FILED ToF.L.raTTe.esNAxe, Llc ""L25 Py f2: 35 SECRE TAR Y OF S IATE TALL "Able R.de d Bueeee M..eq Addnee 2B341TA1l1WTUL SURE 4 29341TA1BMTRAILSUITE4 WVA 34134 AHASSEF.,FLORIDA SPRK%FL US B%IFfA SPR1M FIL 34134 US QV 1®1,10"1„"®1, 071=wNO ov-Lu: GQEOp (11AIR DO NOT WRITE IN THIS SPACE 4, FM I,1~ Applied For 20- 4037681 Nd L CoelMeal. d Mats Dtdr.d ❑ MOD R tsa,. end Adam.. d Qwmd ftgWbwvd Aped 2T, RALPH DO NOT WRITE 2&UI WA 20711 TAMI TRAIL, SUITE � WMTA SPRINGS. FL 74134 IN THIS SPACE a iM dlv..1.,1Md wwub rte etdanrd la d1. ourPaea d rA.nplp 4 rapelnetl d15n a n1p.l.rad span, a e.dt Ind1t iur d RQldt 1 n de4W aadamep Bo ddpdhr d r.epu Dur.d .pna. B RNATUIF . nrnrr __o.,r.�_eeree.+eale..eer. .YM--11 >A rr It 15a0J)i �K tee by Sopteember 44, "W n r. N.wAC�w MEwFJIS /1AANABaM mu LIGR a11t BEMSLFR FAMILY PARTNERSW 142, LTD. SM 0011111 Fib! CENTRAL AVENUE art -D.M Sr. PETERSBURG, FL 37707 1 oo l ogoa7S 1 dN Milt MGR TOLL FL 'Al UNITED PARTNERSMP 07 7/07' -UI 1 �� IBk50.OU =W A=l 2150 GLBRALTER ROAD M-0 -M HORSHAM, PA 18044 1ru well m's`s DO NOT WRITE IN THIS SPACE Aftit grwelsow on -a s 1m. tdc 4M77� PM1•AM mad cow M01161 M -e -M 11. I Mrob. aedr7 Yd P. wl n men Vop"d _4M Me MV dpet nd 41uW17 b Ve, a.ellddolr cw** d H o1d10eR 114 Rode. >V!s 14.111ar mwarK b ManaYO1 YldintW .n eY. �atbn 4 mx .rd eco and 4,d m7 den.t✓. dW tteve leMp ssaa mm�eyMWaSWI dw 0 0% Ows laaw t 1��M\ nM1dr M 11��Bar d d.t pw�8dt1aoft 1.11W IeaMe 0�11P.nY n h amp .. �Lt J . tY remo! a rY Or I'011 rL Gr Corp. e cameral Partner o! Solt FL VII LLdtad .I� SIGNATUR : �. ., M.__s �'�710'1 .awn1� e.e mM it l.�,..sar. �..1..n.a.� 0•. .t..,e... Agenda Item No. 17K July 22, 2008 2008 LIMITED PARTNERSHIP ANNUAL REPORT prFILED Page 86 of 128 DOCUMENT# A05000001755 seemary of state Entlty Nine: TOLL FL VII LIMITED PARTNERSHIP Cnrtent Principal Piece of Business: New Principal Place of Business: 250 GIBRALTAR ROADD HORSHAM, PA 19D44 US Current Mailing Address: 250 GIBRALTAR ROADD HORSHAM, PA 19044 US FO leanber: 20.7432591 FEI Numbw Applied Fw I I Naar and Address of Current Registered Agent C T CORPORATION SYSTEM 120D SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 US 250 GIBRALTAR ROAD HORSHAM, PA 18044 US Now Mailing Address: 250 GIBRALTAR ROAD HORSHAM, PA 19044 US Fla Nurnbw I IM Appeoeb4 l I Cwtaeate of Otlrr DeeYed I I Name and Address of New Registered Agent The above named entity submits this staternent for the purpose of clanging its registered office or registered agent, or bode, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date GOMMAL PARTNER INFORMATION: topAar ne: P040MU2900 Nair: TOLL FL GP CORP. Addlen: 250 GILBRALTAR ROAD Cay.IFAp: HORSFNM, PA 19044 ADORE= CHAN 112 ONLY: Addy e : 250 GNOMLTAR ROAD CI}-SI -Zip: HORSPAK PA 19044 I hereby certify that the information supplied with this filing does not cualify forth exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report is true and accurate end that my electronic: signature snail have the sane legal effect as it made under oath; that I am a General Partner of the limited partnership or the recetrer or trustee empowered to execute this report as required by Chapter 020, Florida Statutes, SIGNATURE: MARK WARSHAUER, VP OF TOLL FL GP CORP. VP 041012008 Electronic Signature of Signing General Partner Dab www.sunbizo,rg: Department of State Home Contact Us Efiling Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Coraoration TOLL FL GP CORP. Filina Information Document Number P94000082800 FEI Number 232796288 Date Filed 11/1011 994 State FL Status ACTIVE Last Event MERGER Event Date Filed 10/29/2003 Event Effective Date 10/31/2D03 Principal Address 250 GIBRALTAR ROAD HORSHAM PA 19044 Changed 05/03/2005 Mailing Address 250 GIBRALTAR ROAD HORSHAM PA 19044 Changed 05/03/2005 Registered Agent Name & Address CT CORPORATION SYSTEMS 1200 S. PINE ISLAND RD, PLANTATION FL 33324 US Officer /Director Detail Name & Address Title CD TOLL, ROBERT 250 GIBRALTAR ROAD HORSHAM PA 19044 Title COOD BARZILAY, ZVI 250 GIBRALTAR ROAD Document Searches Agenda Item No. ,,z 17gqK Page 8EF 28of 3 Forme Help httpJ/ www .sunbiz.orglscriptsleordet.exe? action =DETFIL &inq_dGc_ number— P94000082gW&inq_came_f... 6/412008 www.sunbiz.org Department of State HORSHAM PA 19D44 Title CFOD RASSMAN, JOEL H 250 GIBRALTAR ROAD HORSHAM PA 19044 Title V VVfARSHAUER, MARK J. 250 GIBRALTAR ROAD HORSHAM PA 19044 Title SUPS SNYDER, MICHAEL 1 250 GIBRALTAR ROAD HORSHAM PA 19044 Tide AVP LARKIN. DAVID 250 GIBRALTAR RD HORSHAM PA 19044 Annual Reports Report Year Filed Date 2006 051021200E 2007 0411812007 2008 04/2912008 Document Images 04/16/2007 -- ANNUAL REPORT View Image in PDF forrnet 05!022006 - ANNUAL REPORT View image in PDF fonnal OSK132005 - ANNUAL REPORT View ima in PDF format 0510$12004 - ANNUAL REPORT View ima sin PDF format 10129/1003 -- Merger View innsgsin,PDF format 04/382003 - ANNUAL REPORT View image in PDF format 05/072002 - ANNUAL REPORT View ima a in PDF format 04/302001 -ANNUAL REPORT View ima a In PDF format 03/072000 - ANNUAL REPORT View ima .in PDF format 0422,/1999 —ANNUAL REPORT View image in PDF fornst 02/1311998 -ANNUAL REPORT View image in PDF format 0211811997 -ANNUAL REPORT View image in PDF format 02/06/1996 - ANNUAL REPORT Vlew,lmage in PDF foriflat_ 04/03/1995 - ANNUAL REPORT f View .ime a in PDF format Note; This is not official record. Sea documents if question or conflict Previous on List Next on List Return To List Agenda Item No. 17K joly= W3 Page Sn 1 -b bttpJ/ www .sunbiz.org/scripts/cordet.exe? action --DETFIL&inq_ doe — number— P94000082800 &inq_came_f... 6/4/2008 `2007 FOR PROFIT CORPORATION ANNUAL REPORT Agenda Item Na.- 1 i K July 22, 2008 FILED Page 89 of 128 Agr 18, 2007 8:00 am nnwn4s44.4y �.O C *w 4w DOCUMENT # P94000082800 16.46aa 7 vi 17iLatc; 1, 604,044n 0418 -2007 90149 047 •••150.00 TOLL FL GP CORP. IIAII14r Prm r awn NM,q ApOrn no ®RALTAR MAD 250 OWTAR MAD $ NOW PA 19D44 Ha6114A1, PA 19014 400 6617 2. 1Wcmr dB«0en -NO P.O. am 1 MipA0a401 9uAR, Ap. W. rc SIAa. Aq. 4, re 0/001007 APP CRMM 17a" CAy1 ar City a arm a R3 NInOIr ry to �,+ly 2a- 27962!8 N,cAwr.ir. to ca.rY i. Ca4knar rvft*Ou 44 D F R�aFIY l 4w M A04rr0 r GMSI ft,,W� 1, awO rr ANr�4faw AWN NOW CT CORPORATION SYSTEMS 12M S. PINE ISLAND RD. Boor Aa01r R•o. eft U 4 A=IPM ) PLANTATION. FL 33324 244X00 FIL 9. Rr 04vM am0 0^rY aubiala Yin r004ery[ br 0r PaP1M q aWgYq 4 rao0r 1001�404aC r 4001 r0e9W0 r M410L I M1MY 4w r01 rr0y ft p6Yprlar a np4b00 apr0. SIGNATURE FMA H MaI FEE Oa S IMAM LS 65AD m AAXr At" 4, 2007 Fee WE! M $Ma n Tnat RVtl ColrlraflA D A~ 1a URICERS AaD dRECTDR9 It AND 110118MM 0111 au CD 04rr eM ❑4Y4a DAAra WAR TOLL. ROBERT I NAM E =09=Ea 250 GIBRALTAR ROAD PWl 01T -0•At HORSHAM. PA 190" C"-V.AP all PO L]aln RU Damp, DARa1a 411E BARZIAY,M rr MMAURS 230 GIBRALTAR ROAD a1Bomm CRY•a -a' HORSHAM. PA 190M c"-V -W all TDV ❑ uln MI, 13000 DA4AlIa 444 RASSMAN. JOEL H .,,E ZMN a M0 GIBRALTAR ROAD aa41 a pas 4n•9-! HORSK4M.PA 19044 IAV.tI.s 101 V D us am D amp D Amp NK VIARSHALAER, MARK J. 0„4 Ao AMro 250 GIBRALTAR ROAD pal0 ae70y aR•a -s HORSHAM. PA 190" 00r.n.p ru VS E03 am 4M DGNP DAeA" .r4 SNYDER, MICHAFI I 1p« O APD MO GIBRALTAR ROAD ppm Aowm O'a•0 -t NORSHAX PA lVW COMMA, "*A Doan Ifu A9! 090V a 14"4 David Larkin 1°i°'a 1ti SEE ATTAC= LISTAA °B1p°°R T50 GfLraltar Goad m -e-s an.p -s 1t I1rr04r oOrtlN UW g000anrlol OWPAM M149Y easy IN 9% "WON" 0001100 F avow Ilk H01100 s a1ea I41Y tall, 140 MMAAMI M�Oi'M�C trl X14 nPaia wPdanYnl.Mor Yu4 Wha14f.�Pr1.411W 4«4 FP nnr Ypidd nA.ri4Mli Offlr� r14�4ra6MKYf 01Mmannenr 0o i«wrrYUara 0a0 t04a14a WgA"b/C1llraff, Foos aA4na01r Na aAr1Aa0• Won al 4Mar404090r4MSIRR Moe Mse III a,prlMb. Kart S. Rarabmer SIGNATUR , ca President 4/09/07 « 4alav1Y4rlir1l� lr 4w.Awa A i [ACHMENT 20#7 FOR PROFIT CORPORATIO ANNUAL REPORT TOLL FL GP CORP. Officer I Title: Name: Address: Title: Name: Address: Title: Name: Address: Title: Name: Address: Title: Name: Address: Title: Name: Address: Title: Nome: Address: Title: Name: Address: Title: Name: Address: Title: Name: Address: Title: Name: Address: Title: Name. Address: DOCUMENT NO. P9400008200D cation eootioeed Regional President Edward Weber 250 Gibraltar Road, Horsham, PA 19044 Division President J. Michael Dormelly 5300 W. Atlantic Avenue, Delray Beach, FL 33484 Division President Bruce LingerkIt 9301 Old Kings Road South, Jacksonville, FL 32257 Group President Ralph Reinert 28341 S. Tarriami Trail, Bonita Springs, FL 34134 Division Senior Vice President Kenneth Thirtyacre 28341 S. Tamiami Trail, Bonita Springs, FL 34134 Division Vice President Ronald Blum 5300 W. Atlantic Avenue, Delray Batch, FL 33434 Division Vice President Brian Loftus 9301 Old Kings Road South, Jacksonville FL 32257 Division Vice President Cynthia Morse 2966 Commerce Park Drive, Suite 100, Orlando, FL 32819 Division Vice President Kevin Stine 2966 Commerce Park Drive, Suite 100, Orlando, FL 32819 Division Vice President David Torres 28341 S. Tamiami Trail, Bonita Springs, FL 34134 Via President James Manner 28341 S. Tamiami Trail, Bonita Springs, FL 34134 Assistant Secretary Kenneth Greenspan 250 Gibraltar Road, Horsham, PA 19044 Agenda hem No. 17K July 22.. 2008 Page 90 of 128 i STATEMENT OF CORRECTION FOR FLORIDA OR FOREIGN LIMITED PARTNZRSMP OR LIMITED LIABILITY LIMITED PARTNMMP SEMSLER FAMILY LTD Agenda Item No. 17K July 4.. 2008 Page,91 of 128 Pursuant to the provisions of section 620.1207, Florida Statutes. this limited partnership or limited liability limited partnership submits the following outifiewe ofoorpeetioo. FIRST: The reason for filing this certificate of correction is: ❑ The record contained false or erroneous information. Z The record was defectively signed. SECOND: This statementcorreors the C$eprt�ilflicaatteeoof�OLIMIt�ed Peftnei 1p filed with the Florida Department of State m Se�il MUNr m «+Ub g O Onsert due dowmeot filed Wth Dept. orit ) THIRD: The false or erroneous information or defect is as follows: FOURTH: The false or erroneous information or defect is corrected as follows: The signature block is hereby corroded to read Twnbler ReW a Im Page I of 2 '9 t i STATEMENT OF CORRECTION FOR FLORIDA OR FOREIGN LIMITED PARTNZRSMP OR LIMITED LIABILITY LIMITED PARTNMMP SEMSLER FAMILY LTD Agenda Item No. 17K July 4.. 2008 Page,91 of 128 Pursuant to the provisions of section 620.1207, Florida Statutes. this limited partnership or limited liability limited partnership submits the following outifiewe ofoorpeetioo. FIRST: The reason for filing this certificate of correction is: ❑ The record contained false or erroneous information. Z The record was defectively signed. SECOND: This statementcorreors the C$eprt�ilflicaatteeoof�OLIMIt�ed Peftnei 1p filed with the Florida Department of State m Se�il MUNr m «+Ub g O Onsert due dowmeot filed Wth Dept. orit ) THIRD: The false or erroneous information or defect is as follows: FOURTH: The false or erroneous information or defect is corrected as follows: The signature block is hereby corroded to read Twnbler ReW a Im Page I of 2 '9 1 Agenda Item No. 17K July 22, 2008 Page 92 of 128 Signature of a general partner': Mvow (/addf� or dd.Nns on of�egort7o bt a lln,lnd lla61r1ry itwN'alparhwaAt'sinlMwa4 aJf aowvt po.riKrt nrmalgn. ljoddleg addltlowl gsn�mlP'ar+aa'(il. do nrna�PW+�'r�aoul +bRA Sem Re II II, Inc. By: Cra' Sher, Its President Signature(s) of new general partner(s), if any: Filing Fee: SS2,50 Certified Copy (optional): S52.50 Certificate or Status (optional): $8.7S www.supbiz.dja - Department of State PI1v105 on List Next on List Retum To List EvAlft No Name History Detail by Entity Name Florida Profit Corporation SEMBLER RETAIL 11, INC. Filing Information Document Number P05000031019 FEI Number 202425828 Data Filed 02/25/2005 Stab FL status ACTIVE Effective Date 02/18/2005 I.astEvent AMENDMENT Event Dab Filed 08/2212007 Event Effective Date NONE Principal Address 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Malting Address 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Registered Agent Name & Address SEMBLER, GREGORY S 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 US Name Changed: 04130/2008 Officer /Director Detail Name & Address Title DC SEMBLER, MELVIN F 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Title DVTS SHER, CRAIG H 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Agenda Item No. 17K July �^, f 2 Page 91`tC90213 r En NWW Zp http:// www .sunbiz.orWscriptsloordet.exe ?action- DE7FIL &inq_doc_ number— PO5000031 O19 &inq_oama_f... 614/2008 www.sunbiz.org - Department of State . 1 Title DVS SEMBLER, BRENT W 5856 CENTRAL AVENUE ST PETERSBURG FL 33707 Title DP SEMBLER, GREGORY S 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Title DVS FUQUA, JEFFREY S 1450 SOUTH JOHNSON FERRY RD NE SUITE 100 ATLANTA GA 30319 Title V WHEELER, RONALD P 5859 CENTRAL AVENUE ST PETERSBURG FL 33707 Annual Reports Report Year Filed Date 2006 04/27/2006 2007 D4/2712007 2008 D4/3012D08 Document Images 08,=D07 — Amendment f View image in PDF former 040T/2007 - ANNUAL REPORT f View ima a in 7P formst 04/27/2006 — ANNUAL REPORT View ima a in PDF formal 0212512905.— Domestic Profit View ima • is PDF formal Now This is not official record. See documents if question or conflict Premious on List Next on List Return To List Even As No Name History Agenda Item No. 17K July ' ? Rf2 Page 4 6 httpJ /www.sunbiz. org /scripts/cordet.exe? action— DETFIL,&incLdoc_ number- P05000031019 &inq_csme_£.. 614/2008 2007 FOR PROFIT CORPORATION ANNUAL REPORT Agenda Item No. 17K July 22, 2008 Page 95 of 128 DOCUMENT # P05000031019 1. EMBLE FILED SEiABLER RETAIL Ii, INC. C7 APR 27 AM 10: 27 Kf Sir �IYt RMONnrndtw.e. "O&WItIAGCrrM 5558C81IRUAVENUE sOSBCENIRAI AVENUE :._St tt �MIO,i ST PF.TERSB K FL 33707 ST PETERSBURG, FL 33701 10 „'1„®1” „I' L Prilaq dAM. d er.wr.. w P.O BP. • s. M.f.y Araee Sur. #VU «. «c w,a, Ap «. do 04132007 Oho-P CR26034 (12100) Ch i St” Gb 6 Slaw l Ic Nww" r�OPt«d Fv 20-2125828 NN LP Cwnry 7p CO." S. Caacdrd Stoke Dien F««'tt««AO t. Xrrr «nr ANn.. d Cw Wmd AWa T. holooNd AddA.o./NN Nrw. SFIER. CRAIG H 5600 CENTRAL AVENUE sb«N Ad& M (P.O. Bar WOOW law Aao*W*) ST PETERSBURG, FL 33707 CRY FL r*Cce, wane In. wl.rrr.nc Iv w aroos d drq^q u rpinw«d dlb a r«piar«d « pall. a d«XL h dN SW« d Fhrd«. 1 w Wlridr MR rnd «avp ms to rMNY M dldpWar d rpira.0 spaft sgNAnaNI nL E NOMM "MIS $100.00 «. Etymon ConapW R cM 16.00 1t.Ir b �(� 1 � 1 221�CO4 �. AhM Wy 1, =007 F» wlR w $sw.00 TrulFwq Oargrrll. ❑ wMfA""M -- 0I044--015 401S8.75 t0. OFFICERS AND DI RECTORS it. AOOITIONSICHANOEl TO OFFICM NO 090070R3 IN II III1T R«t. D SEMBLER MELVIN F ❑ Drs Inl1 "A PC ��Q �1Tr4��`, MVA -WA/ P �� OAKUM 9ItLRVg A/(W' SNNt"= 5858 CENTRAL AVENUE twi A77ND CCCI C40-^ aR -tT -' ST PETERSBURG. FL 33707 tXT.N•i s;iio mu D 13 WAR Su ❑$400 r«[ tOeT.t00E SHE R, CRAM H 5858 CENTRAL AVENUE RAW SMEIMOINt 0Ani d" A S-r$1 eeArnw— /t"Nug CM-W& ST PETERSBURG, FL 33707 a1Y-11t•7F Sr JORTWAV A kA er. rL 23767 tau D 13 Drs gilt Z>VS 6tu.w ❑AYIN «,WI SEMMER, BRENTw INS (wmil G.�1 bReNr W. NNROWM US$ CENTRAL AVENUE to nA== rpcBATTICAL- a1T-N•;! ST PETERSBURG, FL 33707 #0 Rt & ill tpl, og37o7 VITA D ❑ �"` s�mAteRt A'N4 ❑`�` VIVA SEMBLER. GREGORY S . ;. Co A6 GA+y T. 3PATNam 5358 CENTRAL AVENUE SMINNM re 5.9 GEN'NQjOL. AVONtw atT•N.■ ST PETERSBURG. FL 33707 atl-Gi -aJ IIRI D ❑ pry 711 fLONw OAINi« Au.aP N" FUQUA, JEFFREY S ■Nd ca A Titc r -170? SAIRIA061 1450 SOUTH JOHNSON FERRY RD NE SURE 100 tmtAm iyTO z i+o N roe F64ey RD, N.IF S6&rrd 14 pn.a.M ATLANTA, GA XOIQ alT -a•! mt ❑ No S ❑ o.. j6AtrM 34 d a¢c.ee SIIELI�DIiSf taut�s rise, ceAJ�eaNnc�i� eNUd cm.S.n «Tm.Ft g7'dRS 0 �y IL hd' * W /$Nits[ M 0*V rtifw� tWd IIiR Nnp rew rYl ?raft 4 M ManpdaN Oarl«Yrd h S,`XpNr I 1p, Rald� Nr,dw. l MdlNp�y hd dN MPlwadal rKVla wpPl.mWd OF WaayrM rlal^M•IP�"«dr«IIM d bcaponpnwwncNwatr lM MwMMpd dt.d MtrrNO.ud«rOrKdW laipdTCN SiRIa III «hb npOrlrrplbp MQNpIN«D7. FIaMa6Wwt;NN INI nM nNrN q«NdhF«di NlwllNdr tt« dr4rpPd.aan rt.erPN.a +Wh «n U. on dna n CAW I liw wRpwaM. SIGNATURE: -ak-0 '7-27 A $p rr. C.Kr-!& /f. JF}CJ' a ATTACHMENT TO 2007 UBR I ANNUAL REPORT FOR SEMBLER RETAIL 11, INC. - 20- 2425828 DOC. 4P06000062295 Block #11: Addition: Title Name Street Address City -ST -Zip V Murphy, David E. 5858 Central Avenue St. Petersburg, FL 33707 Agenda Item No. 17K July 22, 2008 Page 96 of 128 f w L Agenda item No. 17K July 22, 2008 Page 97 of 128 2008 LIMITED PARTNERSHIP ANNUAL. REPORT Due By May 1, 2008 DOCUMENT #A05000001736 F/�FO Og SEMBLER FAMILY PARTNERSHIP 042, LTD. '�R30 /,q �Q p Nt co&Min n MortAaa.. 5656CBR KAVI3K SWICENfWAV NK PEMt F(Qpp~��,,�..E ST. PE7FYSM R. 33707 ST. b t FL 33707 "Wq pryp ®M,1®1'®,11"'1 1 Y 1 dA.MVY -N. P.O. 2w lUrlrp Atltlre 6AR.APLL Lb. Apt., NG ouafos chw cR3ma6I1zOq Clgafmr CYyLSm. 4 MN"rtw I I Apprp For 243463674 I INW�p� vp Cal" zoo a 0wF0ar «frR.rAirtd X irT�� rW L Mw br AL«.n.rc n ftsvr 7,N�=dAdd�wfNwr $HER, CRAIG Nw S W7) 8LC71Z 9% 6666CENTRALAVENUE 0t rl Atlbwr(PA.M rN «AC.tpON.I ST. PETERSBURG, FL 337D7 5 S CE.vre�,c- uv� °'" ST• Rs31cR6 FL p 9,rw8b"M.0e.nb- rtirbr..ta ft wp= r wOV b"pans rfm w npww.Ww «an Dan r.br Mwa Irnbrrr.«�rr .oerat a..bFf.esrr y.r. --.7 6a3 ,Ifl,r,u� wr►�rrr ...r wrrror.w. wpi FILE NOIEBE Ft$ W fwo m NNW "1, awn, F"wm be $000.00 A GENMAL PARTNER THAT a A BUSIRM E M NUW BE REWTOM0 ANO ACTIVE V TH TM OFFICE ROM G" lPwbr MAY NOT he oMhf.dM do Iw34wr"wndwwd ROM M Rlyd ♦e rN"fF•Owrnl T wvw. SL WNERAL PARTNFR INfdWATIDN CKVQ8 ONLY D AMnr P050=1010 Irrl SELMLER RETAL II, INC. PW Rm 5M CENTRAL AVENUE nR -N -T► ST. PETERSBURG. FL 33M an w a o Otlrr tnierrpaet .N� snma«m 0R'c'a aR -tr -s oxmmr MWANbt wd tIIMI$ww w0A0nr f0r6ppRFt a Awrmm M-51-M ON -O -Tr Donn" r wwmaO w�te • tn�rAZlet Nnrbtr t0E AMM by T1 W AMW CP.ff.b W-1R20 1l I Iw.pr eeF Mt w. Ybrtift I I M b4 tl rot p b l�..gngYy�.YYWMO ti C�rw 11P. R`Id. f1NMF 14NM/ �y "«►y Iib.1t1011 lnda♦Om wOartM ru. MO Nenr.«d rw rN r+w ft .e NJ0W.Irlwwt.�.a iMr wec wr lrn.Owrr►w+rd(r MMdPNwrN1 «rrr.>♦Ir «Nor. blgOwMW b�m,Oyrr Ht Mgpl[• I.*kW b)CN.PW M F4N. OWAW SIGNATURE: - / %'' °' �KOn1�c�A Wh4& c>�2 yiS� -off 7.273 c OYIWY. T ?wR1�M1w W1i0t MO/.wRLL1Yww .w ��.. E . 1. Agenda Item No. 17K July 22, 2008 _ Page 98 of 128 Ardeles of Amendment to Articles of Incorporation Of Semblar Retell 11, Inc. (Name of corporation as currently filed with drc Florida Dept. of Sam) P05000031019 (Document Number of capon6on (if known) Pursuant to the provisions of section 607,1006, Florida Statutes, this PWda Projh Corporofbn adopts the following amencintent(s) to its Articles of Incorporation: Ij,W CORPORATE NAME fifchanging): (Must eontain the word "corporation,' "company; or "ineoryorawe or the abbrevisdon "Cory.," "Inc.; or TW) (A professional corporation must contain the word "ohaured ", "professional asroeialion,' or the abbrevlanon "P.A. ) AMENDMENTS ADOPTED- (OTHER THAN NAME CHANGE) Indicate Article Number(s) and/or Article Title(s) being amended, added or delged: (BE SPECIFIC) The Intent of this amendment is to change the title of Ronald P. Wheelers office from Seaetery to Vice President. :a; (Anech additional pw Ifnecesiary) 0 v a cry > N -n s o °� tV r+ NO If an amendment provides for exchange, reclassification, or cancellation of issued diaroe, provisions for implementing the amendment if not contained in the amendment itself (If not applicable, bdkxm MA) (wmMaro The date of each ameadment(s) adoption: August 16• 2007 ! Effective date if a IDD [cable: (no more than 90 days after unatdment fib dto) 1 Adoption of Antendment(s) (CHECK ONE Agenda Item No. 17K July 22, 2008 Page 99 of 128 Q The amendment(s) wasiwem approved by the shareholders. The number of votes cast for the amendment(s) by the shareholders was/were sufficient for approval. ❑ The amendment(s) was/were approved by the shareholders through voting groups. The following statement must be separately providedfor each votinggroyp entitled to rose separately on the amendment(s): "The number of votes cast for the smertdment(s) wits/were sufficient for approval by (voting group) ❑ The amendment(s) was/were adopted by the board of directors widmt shareholder action and shareholder action was not required. ❑ The amendment(s) was/were adopted by the incorporators without shareholder action and shareholder action was not required. Signature (By a director, pruidentorphelloffloer. if di ecton or oflirns have not Isom mlected, by in incorporst • ifin the handy ofs receiver, bu t e, orodtereourt appointed fiduciary by thol fiduciary) Craig H. Sher ('typed or printed mats of poison signing) President (Tale of parson algaing) PILING FEE: S35 Agenda Item No. 17K July 22, 2008 Page 100 of 128 2007 LIMITED PARTNERSHIP ANNUAL RUPORT Due By May 1, 2007 B DOCUMENT # A0500DO01736 c FILED ,. EngNnr SEMMER FAMILY PARTNERSHIP 042, LTD. _ 7 APR 27 AM 8. 98 °7"ON N°dSLa*° Msika ECRETARY OF S1AT 5858CEUMAVENUE 5858 WaftAYENUE ST. Ill K 33707 51.PETBISBIMG,FL 33707 T LLAHASSF.F. FLORII 01021007 No CIV4.P OlOE00102106} c PEI Nr O„ 20. 3463674 w E crf6cfffiT6YatTAMM $105 AO h rmwft SHER, CRAIG 5851 CENTRAL AVENUE ST. PETERSBURG. FL 33707 EN d mgsbmd aqr SONATNIE Abf ■W 1. 2007,. ha WN be 6MOOA0 I ` 1 A GENERAL PARTNER THAT It A BUSINEVI ENTITY MST ST JIM RiGWOW AND ACM WRN THIS OFFICE. 1 NOTE: Orwd ft , WAY NOT be did w dw ft r w rnwWrmg RRUt M aM W dhM a awwW r/br. fam!%Tl rubmwJ1al6 NO SEMBLER RETAIL 11, W. PWRAR3T 6656 CENTRAL AVENUE WT -9-W ST. PETERSBURG, FL 33 00W6 +T Aug fiR Mww W, E41f NCd9al PIg Wmmm Q"-sT -M 90owwo 0 NO fal )a= W, P.m mcmil me iRBIImm W,.a -R O=Wgf iN( Wfil Ofi6 On -SHE iffi,lffantis i ia>,v+ti arnwrlLwr 1 mw f SIGNATURE: Q1 Agenda Item NOPfi S I of 1 July 22, 2008 Page 101 of 128 DeselemKay From: Mark Woodward [MWoodward @wpl- legal.com] Sent: Wednesday, June 04, 2008 5:36 PM To: Denise Larson; student—m; mstrain @colliergov.net, DeselemKay Cc: Bill Klohn Subject: RE: Toll- Rattlesnake, LLC Ownership This firm represents MDG Fountain Lakes and we have been asked to provide information regarding the ownership /corporate structure of Toll- Rattlesnake, LLC a Florida Limited Liability Company who owns the easterly 10 acre parcel that is the subject of a PUD /Agricultural rezoning petition. From a search of the public records and from information provided to Hole Montes from the attorney for Sembler Family Partnership #42, Ltd the following is the ownership structure of Toll- Rattlesnake, LLC: The Manager of Toll- Rattlesnake, LLC is Sembler Family Partnership #42, Ltd, a Florida Limited Partnership. The General Partner of Sembler Family Partnership #42, Ltd is Sembler Retail II, Inc a Florida Corporation. Officers and Directors of Sembler Retail II, Inc. are: 1) Melvin F. Sembler, Director /Chairman 2) Craig H. Sher , Director/Vice President/Treasurer /Secretary 3) Brent W. Sembler, Director/Vice President/Secretary 4) Gregory S. Sembler, Director /President 5) Jeffrey S. Fuqua, Director/Vice President/Secretary 6) Ronald P. Wheeler, Vice President The Limited Partners of Sembler Family Partnership #42, Ltd are: 1) Melvin F. Sembler Family Trust, u /a /d March 14, 1975 2) Brent W. Sembler Family Trust, u /a /d July 14, 1989 3) Gregory S. Sembler Family Trust, u /a /d September 21, 1989 4) Craig H. Sher Family Trust, u /a /d March 27, 2006 Should additional information be required please advise. Woodward Pires & Lombardo PA Mark J Woodward, Esq. 6/4/2008 Agenda Item No. 17K July 22: 2008 Page 102 of 128 • �Y WC� FLORIDA DEPARTMENT OF STATE Division of Corporations May 9, 2008 SEMBLER FAMILY PARTNERSHIP #42, LTD. 5858 CENTRAL AVENUE ST. PETERSBURG, FL 33707 SUBJECT: SEMBLER FAMILY PARTNERSHIP #42, LTD. DOCUMENT NUMBER: A05000001736 In compliance with the request on your 2008 Annual Report, the certificate of status for the subject limited partnership is enclosed. Should you have any questions regarding this matter, please telephone (850) 245- 6051. Buck Kohr Registration Section Letter No. 408A00029663 P.O. BOX 6327 - Tallahassee, Florida 32314 FE- W W y_ U W U W aJ Q F y a Aaenda Item No. 17K July 22, 2008 Page 104 of 128 2008 LIMITED PARTNERSHIP ANNUAL REPORT Due By May 1, 2008 DOCUMENT #A05000001736 Ga F/�`D kr'? 1. B Name SE LER FAMILY PARTNERSHIP #42, LTD. 48 8.30 J� (• I Place of Business Mailing Address CENTRAL AVENUE 5858 CENTRAL AVENUE F( Jq��Q ST, PETERSBURG, FL 33707 ST. PETERSBURG, FL 33707 I �� YN �W � gill 2 Pmclpal Place Of Business - NO P.O. BOX a 3. Mailing Address IIW� Y81 WII x111 WY0fi1 02282008 Chi CRZEOD3 (12/06) Suite. Apt A. etc. Suite. Apt. e, etc. City 8 State City 8 State 4. 1 NunlDer Appbetl Far Nrn Appbcable 20- 3463674 Zp Country Zip Country 5. Certificate ot Sfetus Desired X $8.75 Adceeral fee R,e timid S. Name and Address of Current Registered Agard 7. Name and Adtlnes Of N. Registered Ages Nam'S�n BLs,2 �'- SHER, CRAIG street Address (P.O. Box Nur S Na Acceptebla) 5858 CENTRAL AVENUE ST. PETERSBURG, FL 33707 �(- S Sg CrE/JTIZ/3L h�IEIUU� Cay s7 e7--f/Zs,Bki FL '°7o7 8. The above named entity subunits This seamment for ea purpose of changing its registered OKce or registered agent, n both, in the Sink of Florida. 1 am tantiar v 11% and accept ilmobbgation cif rag agent SIGNATURE aVdWr. e'Pda Nnd �daprx e"a l4xwruW. ¢ilF FILE NOW!!! FEE IS $500.00 After May 1, 2008, Foe will be $900.00 A GENERAL PARTNER THAT IS A BUSINESS ENTITY MUST BE REGISTERED AND ACTIVE WITH THIS OFFICE NOTE: General Partners MAY NOT be changed on the form; an amendment must be filed to change a general partner. 12. GENERAL PARTNER INFORMATION 13, ADDRESS CHANGES ONLY DOOMNIt PD500DO31019 S0117w,s aaME SEMBLER RETAIL II, INC. slasi5coc35 5858 CENTRAL AVENUE Si M Ott -sf M ST. PETERSBURG, FL 33707 D,'UaRrr1 MEDMDrQSS aA1e mM 10DIti tm -S -iv afY -sr -M DopAeft/ STFw *DIM M" 'TIZI17eDISS Lnr.sr -nP Cm -Si -M =1611 i/ SiFIRi sDD0.S5 NVk S11E9 x0165 Lift -Si -nP day .sT tp DOOAkffl l 55aFFi eDDPESS Nark SVEFT /dabs CT S -M UfY -SI -N DDL t.w I smEEr,d))" wA'f SlFSrslltf 5 CITY- $L -ZIP om-n -M 14 1 hereby cartiN mei the inlormMbn supplied with tMs fling does nIX quailly b d,e cxanpiiors conairred in Chapter 119. Rorga Statutes. hrM1tar ceM1Ny tMt the infwmetbn indicated m s report is true and accurate and that my signature stall have the same legal edea as I made under oath; that I am a General Partner of the 6mited partnership or the receiver or trustee empowerad to execute this remon a, required by Chapter 620, Florida $WW as / / / BNR�I� A �i(J/ �L �2 Y =Zr-�� %>-7'3,F% (o SIGNATURE: ' / % _._ pGwNXFAIe TPEO aR PmNT�N4M¢pF 816NWee[MaWtl'PRMEa pen tanrx,e POV• .1w www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events Name History Detail by Entity Name Florida Limited Liability Company TOLL- RATTLESNAKE, LLC Filing Information Document Number L05000021004 FEI Number 204037661 Date Filed 03/02/2005 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 09/21/2005 Event Effective Date NONE Principal Address 5858 CENTRAL AVE ST. PETERSBURG FL 33707 US Changed 04/30/2008 Mailing Address P.O. BOX 41847 ST. PETERSBURG FL 33743 -1847 Changed 04/30/2008 Registered Agent Name & Address SEMBLER, GREGORY S 5858 CENTRAL AVE ST. PETERSBURG FL 33707 US Name Changed: 04/30/2008 Address Changed: 04/30/2008 Manager /Member Detail Name & Address Title MGR SEMBLER FAMILY PARTNERSHIP 442, LTD, 5858 CENTRAL AVENUE ST. PETERSBURG rr "L 33707 US Agenda Item Noy "? 1 oft July 22, 20 8 Document Searches Forms Help Entity Name Search http: / /v.-Ativ. sunbiz. c)rg!scri pts /cordet.exe? action= DETFIL &inq_doc_ number— L05000021004 &inq_came_E.. 6/4/2008 www.sunbiz.org - Department of State Annual Resorts Report Year Filed Date 2006 01/13/2006 2007 07/25/2007 2008 04130/2008 Document Images 07/25/2007 -- ANNUAL REPORT View image in PDF format 01/13/2006 --ANNUAL REPORT View image in PDF format 09/21/2005 -- Amerr?ed and Restated Articles f View image in PDF format 09/13/2005 -- Name ZP,ange View image in PDF format 03/02/2005 -- Florida Limited Leolites View image in PDF format Note: This is not official record. See documents if question or conflict. Agenda Item NoPa 2 of July 22.. 2008 Page 106 of 128 i Previous on List Next on List Return To List Events Name History Entity Name Search Henn r Onl,at US DOCUment Searches E Filing Services Forms Help CoUyi'ight and Privacy Policies Copyright :, 2007 State of Florida, Department of State. http: / /www. stinbi z. oro /scri ptslcordet.exe? action= DETFIL &inq_doc_ number= LO5000021004 &inq_came_f... 6/4/2008 Agenda Item No. 17K July 22, 2008 Page 107 of 128 2007 LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT # L05000021004 1. Entry Name FILED TOLL- RATI'LESNAKE, LLC 0 07 JUL 25 PM 12135 SE(;i?E TA r Y ' Principal Race of Business hoeing Address 28341 TAMUJAI TRAIL, SUITE 4 28341 TAMIAMI TRAIL, SUITE 4 IATE TA L L A H A S SEF BONITA SPRINGS, FL 34134 US BONITA SPRINGS, FL 34134 US UK t� 1S I��Itl�I�11NI�I�1��U�I1WI101��p� DO NOT WRITE IN THIS SPACE Chg -LLC CR2E083 (,1/05) .FEINm7NO 4. FEI Number Appibtl Ftr 20- 4037661 Not Applieable S. Cedilicale of Sirius Cleared p $5.00 Additional Fee Required 6. Nsme and bdmu sl Cunent Registered Agerd REINERT, RALPH 28341 TAMIAMI TRAIL, SUITE 4 DO NOT WRITE BONITA SPRINGS, FL 34134 IN THIS SPACE III. The above named amity submits this statement for the pmpdse of changing its registered office or registered agent, or both, in the State at Ronida. 1 em lemlliar with, and accept the obligations of registered agent SIGNATURE Flli g Fee Is $50.00 �` r Delete by Septmb 1 eer 4, 200 x B. MANAGING MEMSERSIMANAGERS TOLE MGR trN.E SEMBLER FAMILY PARTNERSHIP 042, LTD. SfRel filth WS CENTRAL AVENUE ON -ST.nP ST. PETERSBURG, FL 33707 icon- 1 0680S7J 1 000E SO MGR TOLL IL VII LIMITED PARTNERSHIP STItEO mm�ES 250 GILBRALTER ROAD 07 /27/07 -- 01015- -009 * *50.00 ClIni HORSHAM, PA 19044 TILE aNE STREET RMMIESS -ST .AP _ DO NOT WRITE IN THIS SPACE STREET IgaE4 on -ST BP TINE NsAE SIaEEi.1pWE4 �Ir -srnP Kiwis s"07 A�p'E.Ss city -ST.m 11. I heroiy cenity that Ise inlomathon supplied w,th this IVIN does not duality for the aremplipnb cvdsrtetl N Chapter 119. Pestle Statutes. I lusher deddY that the inlameSm indicated on This /even Is true and accurate and that my sigrenae shag have the same legal all" as M made that I under path; em a maregblg member or manager d the I'vnitetl IWNI can rang a Ise receiv I e r e M Clu ter �t.tp �±adrs�Eauexl' �' oal4oi�'FL GP Corp.Partner of Toll FL VII Limited SIGNATUR 14anages �,h4p' eu�rvu uw rv.m a rawito n soawp awraowp reasic a atrrrma® mrmetrtame o+. orar.wm. Agenda Item No. 17K 2008 LIMITED PARTNERSHIP ANNUAL REPORT FILED July 22, 2008 Apr 01, 20 We 108 of 128 DOCUMENT# A05000001755 Secretary of State Entity Name: TOLL FL VII LIMITED PARTNERSHIP Current Principal Place of Business: New Principal Place of Business: 250 GIBRALTAR ROADD HORSHAM, PA 19044 US Current Mailing Address: 250 GIBRALTAR ROADD HORSHAM, PA 19044 US FEI Number: 20- 3482591 FEI Number Applied For( i Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION.. FL 33324 US 250 GIBRALTAR ROAD HORSHAM. PA 19044 US New Mailing Address: 250 GIBRALTAR ROAD HORSHAM, PA 19044 US FEI Number Not Applicable ( I Certificate of Status Desired 1 I Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date GENERAL PARTNER INFORMATION: Document #: P94000082800 Name: TOLL FL GP CORP. Addren: 250 GIBRALTAR ROAD City -St -Zip: HORSHAM. PA 19044 ADDRESS CHANGES ONLY: Address: 250 GIBRALTAR ROAD City -St -Zip: HORSHAM, PA 19044 I hereby certify that the information supplied with this fling does not cualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath. that I am a General Partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620, Florida Statutes, SIGNATURE: MARK WARSHAUER, VP OF TOLL FL GP CORP. VP 04101/2006 Electronic Signature of Signing General Partner Date www.sunbiz.o� - Department of State Home Contact Us Previous on List Next on List E•Filing Services Return To List Events No Name History Detail by Entity Name Florida Profit Corporation TOLL FL GP CORP. Filing Information Document Number P94000082800 FEI Number 232796288 Date Filed 11/1011994 State FL Status ACTIVE Last Event MERGER Event Date Filed 10/29/2003 Event Effective Date 10/31/2003 Principal Address 250 GIBRALTAR ROAD HORSHAM PA 19044 Changed 05/0312005 Mailing Address 250 GIBRALTAR ROAD HORSHAM PA 19044 Changed 05/03/2005 Registered Agent Name & Address CT CORPORATION SYSTEMS 1200 S. PINE ISLAND RD. PLANTATION FL 33324 US Officer /Director Detail Name & Address Title CD TOLL, ROBERT I 250 GIBRALTAR ROAD HORSHAM PA 19044 toIM- KeZeL BARZILAY, ZVI 250 GIBRALTAR ROAD Document Searches Agenda Item NoPagd I of 3 July 22, 2008 Forms Help Entity Name Search http: / /wwwsunbiz. orgiscri ptslcordet.exe? action= DETFIL &inq_doc_ number= P94000O82800 &inq_came_f... 6/4/2008 www.sunbiz.org , Department of State HORSHAM PA 19044 Title CFOD .tASSMAN, JOEL H 250 GIBRALTAR ROAD HORSHAM PA 19044 Title V WARSHAUER, MARK J. 250 GIBRALTAR ROAD HORSHAM PA 19044 Title SVPS SNYDER, MICHAEL 1 250 GIBRALTAR ROAD HORSHAM PA 19044 Title AVP LARKIN, DAVID 250 GIBRALTAR RD HORSHAM PA 19044 Annual Reports Report Year Filed Date 2006 05/0212006 2007 04/18/2007 2008 04/29/2008 /ocument Images 04/18/2007 -- ANNUAL REPORT f View image in PDF format 05/02/2006 -- ANNUAL REPORT View image in PDF format 05/03/2005 -- ANNUAL. REPORT View image in PDF format 05/05/2004 -- .ANNUAL REPORT View image in PDF format 10/29/2003 -- Merger View image in PDF format 04/28/2003 -- ANNUAL REPORT l View image in PDF format 05/07/2002 -- ANNUAL REPORT View image in PDF format 04/30/2001 — ANNUAL REPORT View image in PDF format 03/07/2000 -- ANNUAL REPORT View image in PDF format 04/22/1999 -- ANNUAL REPORT View image in PDF format 02/13/1998 -- ANNUAL REPORT View image in PDF format 02/18/1997 -- ANNUAL REPORT View image in PDF format 02/06/1996 -- ANNUAL REPORT View image in PDF format 04/03/1995 -- ANNUAL REPORT View image in PDF format ote: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Agenda Item NoPagg 2 of 3 July 22, 2008 Page 110 of 128 http: / /www. sunbi z. or,,/scri pts /cordet.exe ?action= DETFIL& inq _doc_ number= P94000082800 &inq_came_f... 6/4/2008 "2007 FOR PROFIT CORPORATION ANNUAL REPORT Agenda Item No. 17K FILED9el111 of 11128 Apr 18, 2007 8:00 am Secret f St t DOCUMENT # P94000082800 ary 0 a e 1. Entry Name 04 -18 -2007 90149 047 "- 150,00 TOLL FL GP CORP. PrkACpal Place of Business Mauvq Address 250 GIBRALTAR ROAD 250 GIBRALTAR ROAD S HORSHAM, PA 19044 HORSHAM, PA 19044 O 0 6617 I0��1�n,11 IaaA�1NII �1n11y�fflI �p1Np1y1�p��pH�1ppp��y�� aa1�ry ��ppN1I111A�0 Inu1�� ■'q1 N ��1111 IIIIIIIII WWW MO 119 SQ WQ �� ® ®u� u INI�IN�WINN Iai�I �laa �1��Y�9� 2. IiinclPa Placed Basins N. P.0 Be. a a, Making Moran Snla, Apt, 1. elc Salta Apt . e, are 04082007 Chg-P CR2E034 (12106) Cry 6 State Clty 6 Sidle e. Appfad for 23- 2796288 No Applleibe 1 Zip COUnoy Zip Country $8.75 A0tional 5. CedNkate d $teNS t7eWed ❑ dFee Required S. Name and AOOM88 d Current lstered Agent 7. Wes and Addrpa OF New Registered Aland Name CT CORPORATION SYSTEMS 1200 S. PINE ISLAND RD. Street Address (P.O. Box Number is Not Aoceptivi PLANTATION, FL 33324 City FL I 2lpcoda 1. The above named entry submits ]his statement Ip the purpose of oarping Its registered deco or registered agent, a both, n the State of Florida. I am brrvlar with, and accept the Obligations d registered agent. SIGNATURE spr... iruovi.rv.e ry�x drpbww ran wurrerwnw.ww. IMmE xuyrweµn ppnrw nyeow.. wwenal MlE FILE NONRII FEE IS $160.00 0. Elector Campaign Financing aQ M: Bs Agee Nay 1, 2007 Fee will be (660.00 Trust Fund Conhltwtwn. ❑ Added to Fees Adt 10. OFFICERS AND DIRECTORS it. ADDITIONS /CHANGES TO OFFICERS ANDDIRECTORS IN II IMF CO ❑ news ME ❑ c rage ❑ rAdatim NNE TOLL, ROBERT I syq S1aETagea-55 250 GIBRALTAR ROAD STREV Al)DE S1 CITY SM1aP HORSHAM, PA 1901 Dry -Star IMF PD ❑ Ride WE ❑ DaOe ❑ A1dtlm a" BARZILAY. ZIA xua SW sIN ESS 250 GIBRALTAR ROAD STREET A11M On 51.11? HORSHAM, PA 1904 cm. ST .M MILE TDV ❑ peMe tME ❑ ChNO p Amem faIIE RASSMAN, JOEL H BASE PFW yOtNS 250 GIBRALTAR ROAD SPEO/ppNSS OTT -ST -w HORSHAM, PA 1904 CITY-ST err TAME V ❑ Oekte nE ❑ Dahl ❑ Mkid n sag WARSHAUER, MARK J. li STNO 01101 250 GIBRALTAR ROAD STRSD ILOIESS 00 SL V, HORSHAM, PA 19154E my -ST -pP TITLE VS ❑ base ME ❑ Oar17t ❑ Addition NME SNYDER, MICHAEL I NW MET wDESS 250 GIBRALTAR ROAD srntO,mEss CITY 5T -IP HORSHAM, PA 19044 tm.•.t -ere ME O Crime n¢E AVP ❑ (gtagt (�YAailae a� nOE David Larkin sna1 ** SEE ATTACHED LIST** SwEl y>r�ss 250 G ltar ibra Road T^`' -0-m an ST -aF Horsham PA 19044 IL I hereby cemly Ina] the idamawen suppled with tits Thin be$ quality fa the ex"Pli" cpaatatl in Chsptar 119, Florida Statum. I h10ta cerlNy Oral mie ad,rnme" indicated on Nis repad a supplanental report is true e e and that my signalure shell have the same legal affect as I made under oath; met I am en officer as dlecta d me ca,wal. w na recawwr er trustee a rp ar t e e this report as requited by Chapter 607, Florida Statutes; and that my name appears In Block 10 or Block 11 N changed, a w an a On an addr wd t e empowered. Mark S. Warsbauer SIGNATUR ce President 4/09/07 aru ANS Raa snvTSS xxeE On utweparruaoa pwECroa o.s on..swss A I FACHMENT 40b /79 2007 FOR PROFIT CORPORATION ANNUAL REPORT TOLL FL GP CORP. Officer Information continued DOCUMENT NO. P94000082800 Title: Regional President Name: Edward Weber Address: 250 Gibraltar Road, Horsham, PA 19044 Title: Division President Name: J. Michael Donnelly Address: 5300 W. Atlantic Avenue, Delray Beach, FL 33484 Title: Division President Name: Bruce Lingerfelt Address: 9301 Old Kings Road South, Jacksonville, FL 32257 Title: Group President Name: Ralph Reinert Address: 28341 S. Tamiami Trail, Bonita Springs, FL 34134 Title: Division Senior Vice President Name: Kenneth Thirtyacre Address: 28341 S. Tamiami Trail, Bonita Springs, FL 34134 Title: Division Vice President Name: Ronald Blum Address: 5300 W. Atlantic Avenue, Delray Beach, FL 33484 Title: Division Vice President Name: Brian Loftus Address: 9301 Old Kings Road South, Jacksonville, FL 32257 Title: Division Vice President Name: Cynthia Morse Address: 2966 Commerce Park Drive, Suite 100, Orlando, FL 32819 Title: Division Vice President Name: Kevin Stine Address: 2966 Commerce Park Drive, Suite 100, Orlando, FL 32819 Title: Division Vice President Name: David Torres Address: 28341 S. Tamiami Trail, Bonita Springs, FL 34134 Title: Vice President Name: James Manners Address: 28341 S. Tamiami Trail, Bonita Springs, FL 34134 Title: Assistant Secretary Name: Kenneth Greenspan Address: 250 Gibraltar Road, Horsham, PA 19044 Agenda Item No. 17K July 22, 2008 Page 112 of 128 STATEMENT OF CORRECTION FOR FLORIDA OR FOREIGN LIMITED PARTNERSHIP OR LIMITED LIABILITY LIMITED PARTNERSHIP SEMBLER FAMILY PARTNERSHIP name currently on file with W Agenda Item No., 17K July f ?. 2008 Page 113 of 128 O>' 9�iOi ✓Gy � `ri tt O 9J. �OF 9 Pursuant to the provisions of section 620.1207, Florida Statutes, this limited partnership or limited liability limited partnership submits the following certificate of correction. FIRST: The reason for filing this certificate of correction is: El The record contained false or erroneous information, 0 The record was defectively signed. SECOND: This statement corrects the Certificate of tLLii�m} Limited Partnership rSeptecmi%leerIT, 81"0neaed) fled with the Florida Department of State on � (Insert date document filed with Dept. of State) THIRD: The false or erroneous information or defect is as follows: FOURTH: The false or erroneous information or defect is corrected as follows: The signature block is hereby corrected to read "Sembler Retail II Inc" Page I of 2 -- Agenda Item No. 17K w. July 227 2008 Page 114 of 128 Signature of a general partner*: (Wow /j adding or deleting an election to be a limited liability limileci parinerahip statement, all general parmers must sign. If adding additional general pariner(s), Ilia navy general pariner(s) must sign). By: Cray Sher, its President Signature(s) of new general partner(s), if any Filing Fee: $52.50 Certified Copy (optional): $52.50 Certificate of Status (optional): $8.75 www.sunbiz.o;q - Department of State Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Corporation SEMBLER RETAIL II, INC. Filing Information Document Number P05000031019 FEI Number 202425828 Date Filed 02/25/2005 State FL Status ACTIVE Effective Date 0 211 8/2 00 5 Last Event AMENDMENT Event Date Filed 08/22/2007 Event Effective Date NONE Principal Address 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Mailing Address 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Registered Agent Name & Address SEMBLER, GREGORY S 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 US Name Changed: 04/30/2008 Officer /Director Detail Name & Address Title DC SEMBLER, MELVIN F 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Title DVTS SHER, CRAIG H 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Agenda Item NoPagt4 1 of 2 July 22, 2008 Entity Name Search http: / /www. sunb i z. or � /scripts /cordet. exe? action= DETFIL &inq_doc_ number— P05000031019 &inq_came_E.. 6/4/2008 www.sunbiz.org - Department of State Title DVS REMBLER,BRENT W 358CENTRALAVENUE ST PETERSBURG FL 33707 Title DP SEMBLER, GREGORY S 5858 CENTRAL AVENUE ST PETERSBURG FL 33707 Title DVS FUQUA, JEFFREY S 1450 SOUTH JOHNSON FERRY RD NE SUITE 100 ATLANTA GA 30319 Title V WHEELER, RONALD P 58F9 CENTRAL AVENUE ST PETERSBURG FL 33707 Annual Reports Report Year Filed Date 2006 04127/2006 2007 04/27/2007 2003 04/30/2008 08/22/2007 -- Amer,dinent View image in PDF format 04/27/2007 -- ANNA_. =V REPORT View image in PDF format 04127/2006 REPORT PDF format 02/25/2005 -- Dor est c Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events No Name History Agenda Item NoPA916 2 of 2 July 22. 2008 Page 116 of 128 i http://www.sunbiz.oj,,/,-,cripts/cordet.exe9action= DE'FFIL&inq doe number--PO5000031019&inq came f.. 6/4/2008 2007 FOR PROFIT CORPORATION ANNUAL REPORT Agenda Item No. 17K July 22, 2008 Page 117 of 128 DOCUMEWT #P05000031019 1. Ertity, Name c= I L E C SEMBLER RETAIL II, INC. 07 APR 27 AM 10: 27 ' .- r. - A _... Principal Pascal of Business Meting Addres& 5858 CENTRAL AVENUE 5858 CENTRAL AVENUE ST PETERSBURG, FL 33707 ST PETERSBURG, FL 33707 oil �1®�1R� �apl ��O�II II A�II �ryp�� II y��I �pM�ry��'pI I' II it III IW III 111111I119I111�011111111 1It 04232007 MMM CIg_P NA1 I' BBBCMMR1112 110 11 1E03411 (1112//008) 1111�IMtltl 11 2. Princlow Place of Business - No P.0 Box 0 3. Mailing Address Suit, Apt. A. etc. Suite Apt . f etc City d Stale City 8 State a. FEEL Number I j Applied For 20- 2425828 FTNI APPkcable Zip country Lp Country 5. Certificate, of Status Oeaired $8.75 Additional Fee Required 6. Name and Address of Current Registered Agent 7. Name and! Address oe New Iffilheirried Nin Name SHER, CRAIG H Street Address (P.O. Box Number i5 NOT Acceptable) 5858 CENTRAL AVENUE ST PETERSBURG, FL 33707 City FL I zipcma I. The above named entity cubl this statement of the owpose of changing its registered office a regislered agent or both, M the Slate of Florida. I am familiar with, and accept the obligation& of registered agent SIGNATURE sMnum. nvwaR•oa namea,epieM,w oocx <�ouu< Rv icwa acre R<pwtlMa •F+N Rq^NR.e,no-.rsR wrYn,mnwl�np) wrE FILE NOWIII FEE IS $150.00 9. Election Campaign Financing $5,00 May Be 0010122SO41 After May 1, 2007 Fee will Ids, $55 0.00 Truth Fund Contribution. ❑ Added to Fal 2/07--01044--015 *MlEB. 75 10. OFFICERS AND DIRECTORS 11. ADDITIONSICHANGES TO OFFICERS AND DIRECTORS IN II TITLE D L2 Delete Iii Dc 5& Change ❑Addition C- ril'y�[.dR,M6LViN F< MANE SEMBLER, MELVIN F NAME �� NU,E- STREET ADDRESS 5858 CENTRAL AVENUE sTR¢IAnDIEn 6858 Gam — (Th Seep ST PETERSBURG, FL 33707 cm' -Shim r-1- 3 3707 TITLE RAW D SHER, CRAIG H ❑ Delete TIRE NAME D Charger ❑ Addli S* 51REFTADDREss 5858 CENTRAL AVENUE SMUTAYDREss Sg C—EN'77e4IL/WIFAl l CIttl ST PETERSBURG, FL 33707 cry s, -D, 5; ei-VRSAS tilt Q FL 33u70 TIRE D ❑ Delete TITLE Y.r I$ Change ❑ Addition NAME SEMBLER, BRENTW NAME CqM84 -6i )%ReNr W.I, STREET ADORES$ 5858 CENTRAL AVENUE STREET ADDRESS 9s8 cENnilitt L AVENUE CITY SbdP ST PETERSBURG, FL 33707 Cm St tin Sr- PeYSRS 814A6 FL 33707 TRAM[ Cl Delete J�Ctege ❑ Atltlill6n eL SEMBLER, GREGORY S HAW Scat &Qy 6 46 Cr a4y S. STREETAWRESS 5858 CENTRAL AVENUE STRE[TADDR[SS 9'85F CENYAOL- AVENVI CRy -StaP I ST PETERSBURG, FL 33707 Drvi 981314 L -5-%7 TIT D ❑ Delete TITLE TT z)V5 tea Change ❑Adddbn NAME FUQUA, JEFFREY S NAM[ P U-La lL A re -FRRey S. STREET ADDRESS 1450 SOUTH JOHNSON FERRY RD NE SUITE 100 $MITT ADDl 1450 S T$AI N reAl FEAP,Qy RDA.V•IIF SILEre CIMST -ZIP ATLANTA, CA 30319 alv. $LaR - 30 If WILE 1 ❑ Delete TITLE ❑ Change 1K Addition NAME GAME 21 RONR1 -e6 P. STREEIADDRESS STRE[f ADORE53 sss� Hpia �'%. rtr va+m CRY.ST. TIP CITY- ST.N ee-TE ST. PETERSB o f.. 3370 Ill 12- I hereby cer0ly That Ina Inlrnmallon Sul In Ihls filing does not qua dly for the exemptions contained in Chapter 119, Florida Stalute6. I hurther crellfy that the inlorm ion Indicated on Inis report w Pill III r is tr ano eccwaI end III my sigirl mall have the some legal effect as it made under oath; that I am an office, or tlireclor of the corporahlen or the �ecerver a Tine a red ICI execute Isis vapor; as required by Chapter 607, Florida Statutes; and that my name appears in Block 10or Block i l it changed, or on an dltaChmen' wM1P an d ey.o." r like emoowaradSIGNAT Oi RgN�Ya efnCER OR Was'. Ww ONMYMVw. IA/4 /6r µ. SliIi i Agenda Item No. 17K July 22, 2008 Page 118 of 128 ATTACHMENT TO 2007 UBR / ANNUAL REPORT FOR SEMBLER RETAIL II, INC. - 20- 2425828 DOC. #P06000062295 Block #11: Addition: Title V Name Murphy, David E. Street Address 5858 Central Avenue City -ST -Zip St, Petersburg, FL 33707 Agenda Item No. -17K July 22, 2008 rose000sior9 (Requestoes Name) (Address) (Address) (City /State /Zip /Phone t) ❑ PICK -UP E] WAIT M MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer' Office Use Only 08/22/07 -- 01030- -007 *►455.00 0 _<C, - z c�v Q oo� cJ ➢2m V, N r n 3, J� r11 GC'1 � NI N 7 2 CP CD N C A_ CJ c. CIwAoll AUG 2 2 2007 3. rim IT ). Agenda Item No. 17K I. July 22, 2008 Page 120 of 128 CORPORATE When you need ACCEss'to the world' ACCESS, INC. 236 Fast 6th A�nut Taliahasmt, Florida 31130,'1 P.O. P.0, RoxA7W) (32315-7066) (850) 222-2666 or (S(111) %9-1666. Fax (850) 222.1666 WALK IN PICK UP: 9-a 11 't (1-AiTIFIED COV'Y in lo-vocopy ('Its LEI 1.'II,IN(; -9 IS , -1 n I I N VvIVAND M)CHMENTO- i�—NAM I. —AND O(WI M�N I'll) ---. I -- - - . - 1 7;�-� -)-( )-t I , -M, r� 1, 0) it ( )II I -i m N I I �,, � m I - \N I - SPECIAL INSTRI ICTIONS: , 1 , Articles of Amendment to Articles of Incorporation of Sembler Retail II, Inc. (Name of corporation as currently with the Florida Dept. P05000031019 (Document number of corporation (if known) _.. Agenda - !tem- No.17K -- July 22, 2008 Page 121 of 128 Pursuant to the provisions of section 607.1006, Florida Statutes, this Florida NoJk Corporation adopts the following amendment(s) to its Articles of Incorporation: NEW CORPORATE NAME (if changing): (Must contain the word "corporation," "company," or "incorporated" or the abbreviation "Corp.," "Inc.," or "Co. ") (A professional corporation must contain the word "chartered ", "professional association," or the abbreviation' P.A. ") AMENDMENTS ADOPTED. (OTHER THAN NAME CHANGE) Indicate Article Numbers) and /or Article Title(s) being amended, added or delated: (BE SPECIFICI The intent of this amendment is to change the title of Ronald P. Wheeler's office from Secretary to Vice President. (Attach additional pages If an amendment provides for exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself: (if not applicable, indicate NIA) (continued) srN"t v° na n xrn � r chit' N � Z --o -o nrac .. 7r6 rj (Attach additional pages If an amendment provides for exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself: (if not applicable, indicate NIA) (continued) The date of each amendment(s) adoption: August 16, 2007 Effective date if applicable: (no more than 90 days after amendment file date) Adoption of Amendment(s) (CHECK ONE Agenda Item No. 17K July 22, 2008 Page 122 of 128 ❑Q The amendment(s) was /were approved by the shareholders. The number of votes cast for the amendment(s) by the shareholders was/were sufficient for approval. ❑ The amendment(s) was /were approved by the shareholders through voting groups. The following statement mast be separately provided for each votinggroup entitled to vote separately on the amendment(s): "The number of votes cast for the amendment(s) was/were sufficient for approval by (voting group) ❑ The amendment(s) was/were adopted by the board of directors without shareholder action and shareholder action was not required. ❑ The amendment(s) was /were adopted by the incorporators without shareholder action and shareholder action was not required. Signature (fsy a director, president or the officer - if directors or officers have not been selected, by an incorporat - if in the hands of a receiver, trustee, or athercourt appointed fiduciary by that fiduciary) Craig H. Sher (Typed or printed name of person signing) President (Title of person signing) FILING FEE: S35 1 w w S U Q, L_ r 2007 LIMITED PARTNERSHIP ANNUAL REPORT Due By May 11 2007 BK Agenda Item N.C. 17K July 22, 2008 Page 123 of 128 DOCUMENT # A05000001736 1. Entity Nate p SEMBLER FAMILY PARTNERSHIP #42, LTD. 10 Y 7 APR 27 AM 8: 08 3ECRETAPty OF SLATE Principal Plaw of Ouaeress Mai Addrees 5858 CENTRAL AVENUE 5858 CENTRAL AVENUE ST.PETERSBURG,FL 33707 ST.PETERSBURG,FL 33707 Tif LLAII�a1pµa1�e,aHls,aleAlp■ Sa. SaryarylIae ma■Iaay.,, //�IEF..ae.aea prypFFlpp�pI�LORIDAIy .y,p,pl'1'11�sy1y�a�a',',11■yppN■ayemmae■..yy tp +es °ray ../-'s �'M$�a a`f ♦y�M1BY�T"e L� e- K-- r .aEr Zte'Cie » r WRITE11Nr HIS SPACE 03072007 NO Crap { (al7 P EOm (17!06) a, FEl Nw ba 20-3463674 n Na AppYpalMa @{ :•,.;f- -rii,° !fi'...rc s ir = yerY«w `r .+IA I•.. 7i,._ °' r }t, a¢T• f.�, i4 7. CMNIcms of Status Oosired q $8.75 AddilbMl Y'1 Fee Required a. Name and Addrese of Cumnl Rphbnd ApeM M SI Tye q �wa�,.. - �� *_yam ••N! �T7` ng'ffi'r<,'+.e SHER, CRAIG 5858 CENTRAL AVENUE ST. PETERSBURG, FL 33707 h x y F '* � + ,, � � -F " � « .• +r �.• n a �Di' OT. r' I l SPACEwe, ° w a xa Im ,t'i,a e. The above named entity Saba this Statement forme purpose of charging its rpialeretl Mllw a rpMaed 198K or both, n the Smro M FWft 1 am INN w1h and accept e ISM, the obNpationc of reprsteratl agent. SIGNATURE 6bw,n. mwao nMw„a.e d,gxc,en,.o aW v aop,cW. w¢ FILE MOWHI FEE IS (500,00 Altar May 1, 2007, Fes will be $000.00 A GENERAL PARTNER THAT IS A BUSINESS ENTITY MUST SE REGISTERED AND ACTIVE WfTH THIS OFFICE. NOTE: General Partners MAY NOT be changed ort tM form; an amen than! must be filed to change a general partner. 12. GENERAL PARTNER INFORMATION IIiyWy mr ,yl$' ,1w M500003 OT9 Doolittle R,Sa STR[T,p0E4 SEMBLER RETAIL II, INC. wa f 5858 CENTRAL AVENUE Lm SI -31, ST. PETERSBURG, FL 33707 F�r A 0.1 { ��_4 . '� + ei+ ?� �' - n..r'hyl♦ � ^'$ � ,.: - IXILNNFNT, ST.DP xaxt SIeEET NAPF.4' n 5l- P ',.rADO NQT ^W, RIT t;„ a: t =�;IN oOpp,On, "Is I ,,,gyp s`, -T, I- iISjxSPACE: , Y�d ' � �l 4SP N'9 STRW[NNYC55 nrvst.nP .{u. yr' ¢Lp �I *>L �"�rq 3 r *Zx �. y i uya, s', �3�u. N.(li {lJa,. $1 yax°1��??�,ti .. rT..i. '}fi♦ WLW011, wlE ffA'7TPZ.MaA. i SV2,1I .-�tl k,t'P F.- r y\ ` 5� r ,'s - STRER MaESS y •� �I,M>�' t r i -, '7. -�•. s 7sr }t F �— � Ytny{ryip¢+ teltw+prtr NIX cm.sf.7,P �Ii �1 I >� �n 4.•' '4}r t� ?f��"`�tii r ( r6r'', y�,. t• t�4rfa� `4 �,3:i.°�i�iF'.�..�s...$Fr �A�t.at.�' Sfi.°.i�6,£"+i `� that the Inlo,mation p red INS filing does not wally Iw the exemptions contained in Chapter 119, Fonda SlaWan. I fuah , warty, that the inform on !tile report is True and cC lea that my Sgmilure Shax nave the same legal effect as N mots under war: that I an a General Palner ol the linhed partnership 14. I hereby cCnhy intlRaed or the re arvx m vuSlee empower d t exec- Mils raped as required by Chapter NEO. Florida $htwes SIGNATURE: -�%-0 �3? SIGM+r Oa... y.. R a4eMea.'.'�'Y .'R lea pae,emoi CKH-1i 4. s*eX r Agenda Item No. 17K" July 22. 2008 I �kv�wnwo17jC. (Requestols Name) (Address) (Address) (CitylState/Zip /Phone i/) PICK-UP WAIT F1 MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer: vaice use unit 000104330840 0EI2S /07- -OIM1- -003 **52.50 n Yn f't O rn V � x L xm c n x rT7 "C Fla N m. C.J -%t•. r r D oom O qz J N n Yn f't O rn V � x L xm c n x rT7 "C Fla N a C.J D o„ r r D hoenda Item No. 17K July 22. 2008 Page 125 of 128 IRPORATE ?.hen You need ACCESS to the world" ACCESS, \ INC. 236 Fact 6(h Awituc . Tallahassee, Florida 32303 P.O. Box 37066 (323157066) ( &50) 222 -2666 or (800) 969 -1666. Fax (850) 222 -1666 / �. v WALK IN PICK UP: �7r'9,� N ❑ CERTIFIED COPY �p 0 ©_ L� PHOTOCOPY rat t ❑ CIJS - - -- �� -- _ v FILING �. s�L �cg- rc-,� e,,: i� 6e4 (CORPORA I'K NAMh: AND DOCI NT N) 2. 3. 4. J. 101 (CUIiPuRA l'h: NAME AND DOCl IMI•:NT O (601 PORA'I'I: NAMI,, AND DOCI IM N'f a) -- ( CORPUR .A'I'P;NAMh:ANDDOCIIMh:N'I'N) ' (CORP0R,CI'I'. N A M V AND DOUIMI•:NI' #) (CORPORATI -• NAM F, AND DO)CI IWNT O SPECIAL INSTRUC11ONS: Agenda Item No. 17K July 22. 2008 Page 126 of 128 ORDINANCE NO. 08 - 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 OF THE EASTERNMOST 10 +/- ACRE PORTION OF THE FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION PUD FROM A PLANNED USE DEVELOPMENT (PUD) ZONING DISTRICT TO A RURAL AGRICULTURAL (A) ZONING DISTRICT LOCATED ALONG THE NORTHERN SIDE OF THE EXTENSION OF LORD'S WAY IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, Hole Montes, Inc., representing Toll - Rattlesnake, LLC, 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 real property more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, the easternmost 10 +/- acre portion of the First Assembly Ministries Education and Rehabilitation Campus PUD is changed from a Planned Unit RZ- 2008 -AR -12842 Page 1 of 2 Revised 6/6/08 ;X)'� Agenda Item No. 11 K July 22, 2008 Page 127 of 128 Development (PUD) Zoning District to a Rural Agricultural (A) Zoning District, subject to the following condition: 1. No land clearing activities shall occur on the subject site as long the subject site is zoned Agricultural except for clearing activities required for the control of exotic vegetation pursuant to County regulations. 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 a super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of .12008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA M Approved as to form and legal sufficiency: IM , Deputy Clerk TOM HENNING, CHAIRMAN p z .-Jtt � -41� Marjori Student - Stirling Assistant County Attorney RZ- 2008 -AR -12842 Page 2 of 2 Revised 6/6/08 _7ry7 "_ � RZ- 2008 -AR -12842 Legal Description Agenda Item No._1.7K____ July 22, 2008 Page 128 of 128 A MWr OR PARCEL a<LAAD MAIAIED N RE STALE OF FLOWA, C"rY CF Ca= LMYC dN SECWN 14, MNm W 50 StirFR! RANGE 26 f AST, CaLIR COWTY, FLaWA SM TFE EAST NNf LF' LIE EAST NALF OF ME SOfR/�AST OWM? OF RE NaRWOM O1FA U a7 SAD SECfi L SOW RATHER BOVO AND AESCPoBED AS F%LOMS Lars W A RE SiOUINEAST CORNER OF SW FRACBM D NCE S 8731 78' W N WC THE SOUTH LW a< SAN7 FRACrKK F174 33619 FEE7 TD THE SOIFTHMEST CORNER OF SW FRAC70t MYM N 89'4811' E ALONG THE MIST OE OF SW FRACTION FOP 1,341.38 FEET 10 11E NUMNUT CORNER OF SW MACAW I VAX N 87207- E MAW RE NORIH LW OF SAID FRACIKN FAR J34.14 FEET 70 ME NW7HEAST CORNER OF SAS FRACRA1b 1HENLE S 0O'46W R ALONG 7HE EAST LoE LF" SND FRACRON FLN 1,34!88 FEET 70 71E PANT a<B wova PARCEL ""T TO EA,A71FN7$ MGY75 —gf WAY, RESW706 AND &SMA7KWS OF RELT.78. bit A