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Agenda 05/25/2021 Item #16K 8 (Order of Taking 5 Parcels Project #60168)05/25/2021 EXECUTIVE SUMMARY Recommendation to approve a Joint Motion for Stipulated Order of Taking and Stipulated Final Judgment in the total amount of $312,013.55 including statutory attorneys’ fees and costs, for the taking of five parcels: 1199FEE, 1201FEE, 1203FEE1, 1203FEE2, and 1205FEE required for the Vanderbilt Beach Road Extension Project, Project No., 60168. _____________________________________________________________________________________ OBJECTIVE: To settle full compensation for the taking of five parcels: 1199FEE, 1201FEE, 1203FEE1, 1203FEE2, and 1205FEE required for the construction of Vanderbilt Beach Road Extension, Project 60168. CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the condemnation of Parcels 1199FEE, 1201FEE, 1203FEE1, 1203FEE2, and 1205FEE for the construction of roadway, drainage and utility improvements required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr., in order to protect the health, safety and welfare of the citizens of Collier County. The fee simple acquisition area for each parcel consists of a strip taking along the rear, southerly boundary of each parent property. All five properties are owned by Unicasa Development, Inc. Four parcels (1199FEE, 1201FEE, 1203FEE1, and 1203FEE2) are each approximately 16,500 square feet reducing the parent tracts from 2.50 acres to 2.12 acres. Parcel 1205FEE is approximately 18,000 square feet and will reduce the parent tract from 2.73 acres to 2.32 acres. The five properties are currently being developed with single-family homes. An aerial photograph is attached to this item for reference. The County’s original appraisal in July 2020, when all five properties were undeveloped, estimated full compensation at $196,400 including severance damages. The property owners made an initial demand for approximately $300,000. The attached Stipulated Final Judgment reflects a negotiated total compensation amount of $265,000, which accounts for the fact that severance damages have increased due to development of the properties, plus statutory attorneys’ fees in the amount of $22,638.00 and expert fees totaling $24,375.55 comprised of noise study fees of $1,372.85, design costs of $2,730.20, engineering costs of $12,772.50, and appraisal costs of $7,500.00 for all five parcels. If approved by the Board, the County is required to deposit $312,013.55, plus the Clerk’s deposit fee of $170.00. Based on the current lot sizes, and the impact of the condemnation and at the request of the property owner’s attorney, the parties have agreed to include the following language in the Final Judgment consistent with LDC Section 9.03.07: “If at any time the owner (current or future) is denied the right to build an allowed use under the Estates zoning district based on lot size requirements resulting from the condemnation, the County will process a variance relating thereto, at its expense. Should said variance be denied, the County will amend such regulations, codes and/or ordinances, specific to the owner's property, as needed so as to reduce the minimum lot size requirement to bring the owner's property into compliance.” Based on the attached memorandum dated February 18, 2021 from Anita Jenkins, Zoning Director, no such variance is required. The Transportation Engineering Division recommends approval of this Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the Joint Motion and Stipulated Final Judgment with the Circuit Court. FISCAL IMPACT: Funds in the amount of $312,183.55 are available in the Vanderbilt Beach Road Expansion Project Capital Fund, Project 60168. The primary funding source for the acquisition is impact fees. Should impact fees not be sufficient within the project, the secondary funding source will be gas taxes. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range 16.K.8 Packet Pg. 1956 05/25/2021 Transportation Plan and the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - CMG RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment and authorize the payment of funds as stated herein. PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division, Growth Management Department ATTACHMENT(S) 1. Joint Motion for Stip Order of Taking Stip Final Judgment(3) (DOC) 2. Location Map (PDF) 3. Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (DOCX) 16.K.8 Packet Pg. 1957 05/25/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.8 Doc ID: 15906 Item Summary: Recommendation to approve a Joint Motion for Stipulated Order of Taking and Stipulated Final Judgment in the total amount of $312,013.55 including statutory attorneys’ fees and costs, for the taking of five parcels: 1199FEE, 1201FEE, 1203FEE1, 1203FEE2, and 1205FEE required for the Vanderbilt Beach Road Extension Project, Project No., 60168. Meeting Date: 05/25/2021 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Jessica Hayes 05/13/2021 4:50 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 05/13/2021 4:50 PM Approved By: Review: Transportation Engineering Robert Bosch Additional Reviewer Completed 05/17/2021 12:55 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 05/17/2021 3:52 PM Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/17/2021 4:31 PM Growth Management Department Trinity Scott Additional Reviewer Completed 05/17/2021 5:05 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/18/2021 9:39 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/18/2021 9:53 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/18/2021 11:37 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/18/2021 12:41 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/19/2021 10:07 AM Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM 16.K.8 Packet Pg. 1958 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 21-CA-1002 v. Parcels: 1199FEE; 1201FEE; 1203FEE1; 1203FEE2; 1205FEE UNICASA DEVELOPMENT, INC., A FLORIDA FOR PROFIT CORPORATION Respondent ______________________________________________/ JOINT MOTION FOR ENTRY OF A STIPULATED ORDER OF TAKING AND FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, UNICASA DEVELOPMENT, INC., by and through the undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated Order of Taking and Final Judgment as to Parcels 1199FEE; 1201FEE; 1203FEE1; 1203FEE2; and 1205FEE attached hereto as Exhibit “A.” Dated: ______________________ Dated: _______________________ ____________________________ ___/s/ Kenneth A. Jones__________ COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ Florida Bar No. 502650 Florida Bar No. 200158 Collier County Attorney’s Office Hahn Loeser & Parks, LLP 3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300 Naples, FL 34112 Fort Myers, FL 33901-2904 Telephone: (239) 252-8400 Telephone: (239) 337-6727 COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENTS Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with the Florida Courts E-Filing Portal on this ____ day of ________ 2021. BY: ______________________________ COLLEEN M. GREENE, ESQUIRE 16.K.8.a Packet Pg. 1959 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and 1 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 21-CA-1002 v. Parcels: 1199FEE; 1201FEE; 1203FEE1; 1203FEE2; 1205FEE UNICASA DEVELOPMENT, INC., A FLORIDA FOR PROFIT CORPORATION Respondent ______________________________________________/ STIPULATED ORDER OF TAKING AND FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, UNICASA DEVELOPMENT, INC., by and through counsel, for the entry of a Stipulated Order of Taking Final Judgment as to Parcels 1199FEE; 1201FEE; 1203FEE1; 1203FEE2; and 1205FEE, for Project No. 60168, and it appearing to the Court that proper notice was given to the parties having any equity, lien, title or other interest in or to the real property described therein, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that: 1. The Court has jurisdiction of this cause, the parties hereto and the subject matter hereof. 2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. The property described herein as Parcels 1199FEE; 1201FEE; 1203FEE1; 1203FEE2; and 1205FEE is being acquired for a public purpose and is reasonably necessary to serve this public purpose. 4. The Declaration of Taking and Estimate of Value filed in this cause by the Petitioner was made in good faith and based on a valid appraisal. 16.K.8.a Packet Pg. 1960 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and 2 5. Respondent, Unicasa Development, Inc, shall recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Two Hundred Sixty-Five Thousand and No/100 Dollars ($265,000.00) for full compensation, including damages and statutory interests, in connection with “said parcels.” 6. Respondent, Unicasa Development, Inc, shall recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Twenty-Two Thousand Six Hundred Thirty-Eight Dollars ($22,638.00) for all attorney’s fees and costs, and no other attorney’s fees or costs shall be awarded in this matter. 7. Respondent, Unicasa Development, Inc, shall recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Twenty-Four Thousand Three Hundred Seventy-Five Dollars and 55/100 ($24,375.55) for all expert fees and costs, and no other expert fees or costs shall be awarded in this matter. 8. Within twenty (20) days from the date of this Order, Petitioner shall deposit into the Court Registry the sum of Three Hundred Twelve Thousand Thirteen Dollars and 55/100 ($312,013.55), and the right, title and interest to Parcels 1199FEE; 1201FEE; 1203FEE1; 1203FEE2; and 1205FEE described in composite Exhibit “A,” attached hereto and made a part hereof by reference shall vest in Petitioner. 9. If at any time the owner (current or future) is denied the right to build an allowed use under the Estates zoning district based on lot size requirements resulting from the condemnation, the County shall process a variance relating thereto, at its expense. Should said variance be denied, the County shall amend such regulations, codes and/or ordinances, specific to the owner's property, as needed so as to reduce the minimum lot size requirement to bring the owner's property into compliance. 10. The Collier County Tax Collector may have a claim to the proceeds to be paid for Parcels 1199FEE; 1201FEE; 1203FEE1; 1203FEE2; and 1205FEE for unpaid ad valorem taxes assessed against said Parcels through the date of taking. Accordingly, pursuant to the authority under Section 73.061, Fla. Stat., the 16.K.8.a Packet Pg. 1961 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and 3 Clerk is directed to pay to the Collier County Tax Collector any taxes shown to be due and owing from the funds required herein to be placed in the court registry. 11. Upon deposit, as set forth above, and without further notice of this Court, the Petitioner shall be entitled to possession of the property described herein. 12. Upon deposit, as set forth above, the Clerk shall disburse to Respondent, Unicasa Development, Inc, the total sum of Three Hundred Twelve Thousand Thirteen Dollars and 55/100 ($312,013.55), less the amount of any ad valorem taxes paid to the Collier County Tax Collector, by mailing a check to Kenneth A. Jones, Esq., Hahn Loeser & Parks, LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901. The amount disbursed to the Collier County Tax Collector shall be calculated using the per diem rate, listed below, for all days in the 2021 tax year, up to and including the date of entry of this Order: Parcel 1198FEE = $.25 per day. Parcel 1201FEE = $.25 per day. Parcel 1203FEE1 = $.25 per day. Parcel 1203FEE2 = $.25 per day. Parcel 1205FEE = $.27 per day 13. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Records Book 5933, Page 2292 of the Public Records of Collier County, Florida is dismissed. 14. The Order of Taking and Final Judgment will be recorded in the Official Records of Collier County, Florida. Exhibit “A” Parcel No. 1199FEE A portion of Tract 22, Golden Gate Estates, Unit No. 17, as recorded in Plat Book 7, Page 5, of the Public Records of Collier County , Florida, lying in Section 35, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: The South 100 FEET of the West 165 feet of said Tract 22. Containing 16,500 square feet more or less. 16.K.8.a Packet Pg. 1962 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and 4 Parcel No. 1201 Fee A portion of Tract 22, GOLDEN GATE ESTATES, UNIT NO. 17, as recorded in Plat Book 7, Page 5 of the Public Records of Collier County, Florida, lying in Section 35, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: The South 100 feet of the East 165 of said Tract 22. Containing 16,500 square feet more or less. Parcel 1203FEE1 The South 100 feet of the West 165 feet of Tract 27, Golden Gate Estates Unit 17, according to the map or plat thereof as recorded in Plat Book 7, Page 5, of the Public Records of Collier County, Florida. Containing 16,500 square feet more or less. Parcel 1203FEE2 The South 100 feet of the East 165 feet of Tract 27, Golden Gate Estates Unit 17, according to the map or plat thereof as recorded in Plat Book 7, Page 5, of the Public Records of Collier County, Florida. Containing 16,500 square feet more or less. Parcel 1205FEE The South 100 feet of the West 180 feet of Tract 38, Golden Gate Estates Unit 17, according to the map or plat thereof as recorded in Plat Book 7, Page 5, of the Public Records of Collier County, Florida. Containing 18,000 square feet more or less. 16.K.8.a Packet Pg. 1963 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and AERIAL Unicasa Development, Inc. Parcels 199FEE, 1201FEE, 1203FEE1, 1203FEE2, 1205FEE / PARCEL 1205FEE PARCEL 1199FEE PARCEL 1201FEE PARCEL 1203FEE1 PARCEL 1203FEE2 16.K.8.b Packet Pg. 1964 Attachment: Location Map (15906 : Joint Motion for Stipulated Order of Taking and Stipulated Final Judgment) Growth Management Department Planning and Zoning Division MEMORANDUM To: Jeffrey A. Klatzkow, Collier County Attorney From: Anita Jenkins, Division Director Date: February 18, 2021 Subject: Collier County v. Unicasa - Vanderbilt Beach Road Land Development Code (LDC) Interpretation of LDC 9.03.07 Pursuant to your request for a LDC interpretation, LDC 1.06.01 provides the County Manger’s designee, which is the Zoning Director, shall have the authority to make all interpretations of the text of the LDC. The specific request regarding the subject matter is to determine whether LDC 9.03.07.C in and of itself controls the issues that Estates lots that no longer are 2.25 acres, as a result of a Collier County right-of-way acquisition, are still legal and buildable. Per LDC 4.02.00., Estates lots require a minimum dimensional lot area of 98,010 square feet (2.25 acres). When public acquisition reduces dimensional standards resulting in an Estate lot less than 98,010 square feet, this creates a “nonconforming lot.” To address these circumstances of nonconformities created or increased by public acquisition, LDC 9.03.07 directly applies. Prior to any public acquisition, the subject Estates lots meet the minimum dimensional lot area of 98,010 square feet. Following public acquisition of 100 feet of right-or-way, as depicted in red below, these Estates lots will be less than the minimum dimensional lot area, resulting in a nonconformity. 16.K.8.c Packet Pg. 1965 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking In this case of a nonconformities created by public acquisition, LDC 9.03.07 directly applies to the determination of the lots remaining legal and buildable. LDC 9.03.07.A provides for the applicability, defining “acquisition” to mean any method of acquiring private property for public use, including dedication, condemnation, or purchase for present or planned public use by Collier County , as is the case in this matter . Following, LDC 9.03.07.C.1 directly applies to the Estates lots where the acquisition is creating nonconformities of required lot dimensions, providing “lot dimensions rendered nonconforming or more legally nonconforming as a result of a portion being acquired for public use, may be reduced by the same dimension area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition.” This means, with the subject Estates lots, the public acquisition is reducing the lots required minimum dimensions, and per LDC 9.03.07.C, these lots are allowed to have reduced dimensions equal to that of the acquisition area and they will remain legal and buildable. The building permit process for these legally nonconforming and buildable lots is the same and no additional procedures are necessary. When the owner is ready to build on the lot, staff will verify the warranty deed noting the amount of right-of-way acquisition area and will apply LDC 9.03.07.C which reduces the required minimum lot dimension by the same acquisition area square footage. Cc: Thaddeus Cohen, Department Head 16.K.8.c Packet Pg. 1966 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking 9.03.07 - Nonconformities Created or Increased by Public Acquisition A. Applicability. 1. For purposes of this section, "acquisition" means any method of acquiring private property for public use, including dedication, condemnation, or purchase. 2. This section applies to the acquisition for present or planned public use by the following party or parties: (i) Collier County; (ii) another governmental entity; (iii) public or private utility companies providing public service; and/or (iv) a private party or parties under agreement with Collier County or other government entity. B. Lot Area 1. Unimproved Lots: If an unimproved lot has sufficient area for the subdivision of three (3) or fewer conforming lots, and part of the lot is acquired for public purpose, then it may be subdivided after the acquisition to the same number of lots that could have been achieved prior to the acquisition. Each newly created lot must contain at least eighty (80) percent of the required minimum lot area. 2. Improved or Unimproved Lots. No conforming lot otherwise qualifying for a lot split or lot line adjustment pursuant to the provisions of this Code may be denied approval solely on the grounds that the resulting lot or lots would be less than the required minimum area for such lot(s) in the applicable zoning district as a result of acquisition, from Feb. 14, 2006, if the newly created lots contain at least eighty (80) percent of the required minimum lot area. C. Other Nonconformities: 1. Required yards on improved lots, lot coverage on improved lots, and lot dimensions rendered nonconforming or more legally nonconforming as a result of a portion being acquired for public use, may be reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition; and 2. Any structure that is not located within the acquisition area, but is made nonconforming in terms of a required yard or setback as a result of the acquisition, need not be relocated, except as follows: a. The County Manager or designee determines that leaving the structure or a site related condition in its pre-acquisition location may create an unsafe condition, in which case the structure shall be relocated the minimum distance necessary to address the public safety concern or the site related condition shall be modified to a safe condition; and b. A front yard of at least ten (10) feet in depth shall be maintained for all building structures. c. The resulting degree of nonconformity of the area and dimensions of a lot and the required yards with this Code's then current requirements are considered lawful unless or until the remaining lot or lots in combination are: (i) recreated or replatted, combining the subject lot or lots with an adjacent lot or lots resulting in a unified plan of development; or (ii) improved such that the value of the proposed improvements are equal to or greater than 50 percent of the total replacement value of the structures and site improvements on the lots or lot combinations existing at the time of improvement. The replacement value shall be calculated by a Florida licensed property appraiser. In the occurrence of either condition (i) or (ii) above, the lot or lots must comply with the requirements then established by this Code or as may be set forth within a PUD if applicable. Otherwise, any legal and conforming site modification or change of use shall not trigger a requirement to 16.K.8.c Packet Pg. 1967 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking bring the nonconformity created by the acquisition into conformance with the then required provisions. 3. Any other site related nonconformity or site related condition resulting from the acquisition, including those rendered more nonconforming, shall be considered legally nonconforming, including stormwater management facilities, landscaping, open space, native vegetation, conservation areas, buffers and preserves, on- or off-site parking, vehicle stacking, throat lengths, or non-structural architectural design standards. All such nonconformities are allowed to remain legally nonconforming and in their existing location(s) and/or configuration(s), provided they continue to function adequately to meet their intended purpose, except where it is determined by the County Manager or designee that such newly created or increased nonconformity or site related condition constitutes an unsafe condition. In those cases where it is determined that the newly created or increased nonconformity or related condition constitutes an unsafe condition, the nonconformity or site related condition shall be relocated or modified in accordance with paragraph 2.a. above, as applicable. In any case, such nonconformities are subject to the limitations set forth in paragraph 2.c., above. D. Post Take Plan. This section addresses the development, review and approval of post-take cure plans for remainder properties to mitigate and/or eliminate the negative and potentially costly impacts resulting from the taking of a property for public purposes. In such cases, it may be determined to be in the public interest to allow some deviations from applicable LDC or PUD provisions, or Conditional Use requirements, in order to accommodate site modifications and/or enhancements, designed to cure, remedy, mitigate, minimize or resolve otherwise negative site impacts resultant from public acquisition. 1. The Administrative Code shall establish the submittal requirements for a Post Take Plan and the applicant shall provide the following: a. The boundary or special purpose survey shall be signed and sealed by a professional surveyor and mapper licensed to practice in the State of Florida. b. The appropriate fee as established by the Board of County Commissioners. 2. The property owner or the County may request the following deviations from the LDC, PUD or Conditional Use requirements, as may be applicable: a. Landscape Buffers may be reduced from the required width or depth; but shall not result in a buffer of less than 5 feet in width or depth. Landscape buffers which have been completely eliminated by the acquisition may be replaced beyond the acquisition area; but shall not result in a buffer of less than 5 feet in width or depth. All required plant materials and irrigation requirements shall remain within the reduced buffer area or shall be relocated or installed as a condition of the Post Take Plan approval. b. Water management facilities, including retention, detention and conveyance may occupy up to 75 percent of a landscape buffer width, if there is a minimum remaining planting area of at least 5 feet. c. Required native vegetation, preserve, or open space requirements may be reduced by an amount not to exceed 10 percent. 3. Deviations other than those set forth in paragraphs D.2.a. through D.2.c. above, or exceeding the minimums or maximums established therein, may also be approved, subject to the following procedures: a. In addition to the requirements for submittal of a Post Take Plan established in the Administrative Code within 60 days of the date of submittal of the Post Take Plan to Collier County the applicant shall also notify property owners in accordance with notice procedures established in LDC section 10.03.06 S, as may be applicable. 16.K.8.c Packet Pg. 1968 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking b. The notice shall: (1) list the requested deviations other than those set forth in paragraph 2, above, or exceeding the minimums and maximums established in that subsection; (2) provide a brief narrative justification for such deviation(s); and (3) provide a copy of the Post Take Plan (in 11 by 17 inch or 8.5 by 11 inch format). 4. Approval Criteria and Process. a. If no written objection is received within 30 days of the date of mailing of the notice, the Post Take Plan is deemed approved. b. If an abutting property owner who receives a notice submits a written objection to Collier County within 30 days of the date of mailing of notice, the matter shall be scheduled for public hearing before the Collier County Planning Commission (CCPC). In such cases, the Board of County Commissioners delegates the authority to review the Post Take Plan to the CCPC and includes this review as part of the CCPC powers and duties under the Collier County Code of Laws and Ordinances section 2-1156 - 2-1164. Public notice for the hearing shall comply with LDC section 10.03.05 C, as may be applicable, and shall specifically note the location of the property and the requested deviations. The CCPC, in considering whether to approve, approve with conditions, or deny the proposed Post Take Plan, shall consider the following: i. Whether the deviation is the minimum amount necessary to mitigate for the impacts of the acquisition, while still protecting the public health, safety, and welfare; and ii. Whether the County or property owner has or will mitigate for impacts from the requested deviation(s) on neighboring properties by maintaining or enhancing compatibility through various measures, including but not limited to the installation of additional landscape plantings or the installation of fences or walls; and iii. Whether the requested deviations are consistent with and further applicable policies of the GMP and the requirements of the LDC, PUD, or Conditional Use, as may be applicable. 5. Within 30 days of approval, approval with conditions, or denial of a Post Take Plan by the CCPC, the applicant, affected property owner, or abutting property owner may appeal the decision to the Board of Zoning Appeals. For the purposes of this section, an aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to any interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). If an appeal is filed by an abutting property owner, and said appeal is successful, Collier County shall reimburse said appellant for the appeal application fee and any associated advertising costs. E. This section (9.03.07) applies to acquisitions which occurred prior to the adoption of this ordinance if the purchase or dedication of the property has not closed, or the condemnation proceeding relating to the property acquired has exhausted all available appeals. 16.K.8.c Packet Pg. 1969 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking