Loading...
Agenda 11/27/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA November 27, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCe Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 of 11 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. October 9, 2007 - BCCIRegular Meeting C. October 18,2007 - Value Adjustment Board Special Magistrate Davia Mazur D. October 23-24, 2007 - BCC/Regular Meeting E. October 24, 2007 - BCC/LDC Meeting F. October 29, 2007 - Value Adjustment Board Special Magistrate Stephen Cunningham G. October 30, 2007 - Value Adjustment Board Special Magistrate Stephen Cunningham H. October 30, 2007 - BCC/Land Development Code Meeting I. October 31, 2007 - Value Adjustment Board Special Magistrate Scott Watson J. October 31, 2007 - Vaiue Adjustment Board Special Magistrate Davia Mazur K. November 2, 2007 - BCC/Pre-Legislative Session Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Donald Champlin, Road Maintenance 2. Kelly Grandy, Library 3. Miguel Herrera, Road Maintenance 4. Susan Rossi, CDES Operations B. 25 Year Attendees 1. Helen Ortega, EMS 4. PROCLAMATIONS A. Sandra Arnold-Lawson be congratulated for receiving the Certified Emergency Manager (CEM) designation from the International Association of Emergency Manager (IAEM). To be accepted by Sandra Arnold-Lawson. B. Proclamation to recognize the CCPC for their work on the AUIR. To be accepted by Planning Commission members. C. Proclamation to recognize members of the Productivity Committee for their work on the AUIR. To be accepted by Productivity Committee members. D. Proclamation to recognize Matthew Berning, Troop 2001 Life Scout Eagle candidate, for his efforts to organize an electronics recycling round up event and to designate December 1, 2007, as a Day of Recycling for Electronic Waste in Collier County. To be accepted by Life Scout Eagle Candidate Matthew Berning. 2 of 11 5. PRESENTATIONS A. Presentation by Chip Merriam, Deputy Executive Director, South Florida Water Management District, regarding the local Comprehensive Pian as it relates to S.B. 360 and 444. B. Recommendation to recognize Jim von Rinteln, Emergency Management Coordinator, Bureau of Emergency Services, as Employee of the Month for November 2007. C. Contractor Presentation on the New, Collier County, Courthouse Annex; Project No. 52533; Kraft Construction eM at Risk Contract. D. This item to be heard at 11 :00 a.m. Swearing in ceremony for the newly eiected Florida House of Representatives Member, District 101. 6. PUBLIC PETITIONS A. Public petition request by Mary Mayville, Collier County Agricultural Fair & Exposition, Inc., to discuss reinstatement of a permanent beer license. B. Public petition request by Mark Adamczyk to discuss the construction of a County park in the Delasol community. C. Public petition request by Patrick White to discuss Orders Finding Violation relating to property owned by Jerry and Kimberlea Blocker. D. Public petition request by Craig Brugger to discuss waiver to contract with FGUA for their Goiden Gate Wastewater Plant Injection Well. E. Pubiic petition request by Robert Lockhart to discuss CEB Case No. 2004-026 and related fines. Item 7 and 8 to be heard no sooner than 1 :00 p.m" unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-l0648: Naples Motorcoach Resort Inc., represented by Robert L. Duane, AICP, of HoleMontes, Inc., and Richard D. Yovanovich, esquire, of Goodlette, Coleman, & Johnson, P.A., is requesting a rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. This project proposes to allow development of up to 200 motorcoach lots as well as various amenities such as a boat ramp and boat slips. The subject property, consisting of 23.2 acres, is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. 3 of 11 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2007-AR-11970, American Dream Builders, represented by James McCord, is requesting a Conditional Use for the extension of a Model Home/Sales Center, which has been in existence since 1997. The subject property is located in Golden Gate Estates on Tract 119, in Unit 26, at the Southwest corner of 13th Ave SW and Collier Boulevard (CR 951), Section 15, Township 49 South, Range 26 East, Collier County, Florida C. This item continued from the June 12, 2007 and October 23,2007 BCC meetings. This item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-l0698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LPA and Margaret Perry, AICP, of Wilson Miller, Inc., is requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property, consisting of 17.7 acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1-75/lmmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. This item to be heard at 10:00 a.m. Presentation by Andrea B. Sims of The Waters-Oidani Executive Recruitment, a division of the Waters Consulting Group, Inc. B. Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. C. Appointment of member to the Collier County Code Enforcement Board. D. Appointment of member to the Affordabie Housing Commission. E. Appointment of member to the Immokalee EZDA. 10. COUNTY MANAGER'S REPORT A. Obtain direction from the Board of County Commissioners on accepting after-fhe-fact developer applications for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units and provide direction to staff to amend the Consolidated Impact Fee Ordinance. Board direction on this item will directly impact the following items on todays agenda: lOB, 10C, 100, 10E, 10F, lOG, 10H, 101, 10J, 10K, 10L, 10M and 10N. B. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Garry Jean Baptiste and Syndy Jean Baptiste (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 26, Block 11, Naples Manor Lakes and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007041982 in the amount of $26,204.83. c. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Araceli Ramirez (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020738 in the amount of $12,442.52. D. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Roberto Maciel Chavez and Gloria Maciel (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 15, Trail Ridge and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2006064370 in the amount of $13,616.20. 4 of 11 E. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with David Licot and Nancy Licot (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 121, Trail Ridge and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007012026 in the amount of $19,372.52. F. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean S. Jean Noel and Marie J. Montfort (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 5, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020743 in the amount of $12,442.52. G. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Clairicia Achille (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020740 in the amount of $12,442.52. H. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Monica Martinez (Owner) for deferral of 100% 'of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 14, Trail Ridge and authorizes a reimbursement of the fees paid by Habitat for Humanity of Coliier County inc on Building Permit 2006064365 in the amount of $13,616.20. I. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Miguel Vera Vera and Maria Elena Vera (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 16, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County inc on Buiiding Permit 2007020728 in the amount of $12,442.52. J. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marise Omeus (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit iocated at Lot 18, Trail Ridge and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2006064384 in the amount of $13,616.20. K. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Guerline Mathieu (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 13, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Coliier County Inc on Building Permit 2007020732 in the amount of $12,442.52. L. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Inel Tanis and Almonise Tanis (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 19, Block 14, Naples Manor Lakes and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007052698 in the amount of $26,240.68. M. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Nicolas Huerta Lara and Juana Cortes Alvarez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 16, Trail Ridge and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2006064377 in the amount of $13,616.20. 5 of 11 N. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean C. Jean Pierre and Marie Jose Jean Pierre (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 11, Block 6, Naples Manor Lakes and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007041987 in the amount of $26,204.83. O. Recommendation that the Board of County Commissioners provide direction related to the acceptance of after-the-fact developer applications from Habitat for Humanity of Collier County, Incorporated for 48 properties and the reimbursement of impact fees paid prior to issuance of a Building Permit and execution of an impact fee deferral agreement (Amy Patterson, Impact Fee/EDC Manager, Community Development & Environmental Services Division) P. Recommendation that the Board of County Commissioners evaluate and consider each option presented with respect to including less than five acre illegal Rural Fringe Mixed Use District (RFMUD) Sending Land properties into the Transfer of Development Rights (TOR) Program for the purposes of programmatic participation relative to TOR severance. (Joe Thompson, Planner, Comprehensive Planning, Community Development & Environmental Services Division) Q. Recommendation for the Board of County Commissioners to approve a funding change for the Goodlette Frank Road Project (60005); Collier Bouievard South Project (60001); and the Davis Boulevard Project (60073) in the amount of $2,279,900. (Norman Feder, Transportation Services Administrator) R. This item to be heard at 4:00 p.m. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Strada Bella (Olde Cypress PUDlo The roadway and drainage improvements will be privately maintained.(Stan Chrzanowski, Senior Engineer, Engineering & Environmental Services Department, Community Development & Environmental Services Division) S. Recommendation to adopt a Resolution (Initiating Resolution) of the Board of County Commissioners of Collier County, Fiorida, pursuant to Part II of Chapter 171, Florida Statutes (Florida's interlocal Service Boundary Act) to commence the process for negotiating an interlocal service boundary agreement regarding 204.19 acres of land, more or less, described as the Hole in the Wall Golf Club, proposed to be annexed into the City of Naples. (Jim Mudd, County Manager) T. Recommendation to approve a modification to Agreement 07-EC-33-09-21-01-486 between the State of Florida, Division of Emergency Management and Collier County accepting an additional $1,693,940 towards the construction of a new County Emergency Operations Center (EOC) within the Emergency Services Center (ESC) and approve the Budget Amendment necessary to recognize and appropriate $1,693,940 as revenue. (Jim von Rinteln, Emergency Management Coordinator) U. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11 (Companion Item to 10V) (Joe Schmitt, Community Development Administrator) V. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11 (Companion Item to 10U) (Joe Schmitt, Community Development Administrator) W. Recommendation to amend the Countys Purchasing Policy to further modernize the Countys business practices. (Steve Carnell, Purchasing Department Director) 6 of 11 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------.-----.--.----------------------------.--------------.----------------------------.--------------_._------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to have the Board of County Commissioners (BeC) prioritize the watersheds for development of the Watershed Management Plans. 2. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 3. To accept final and unconditional conveyance of the water utility facility for Falling Waters North Preserve. 4. Release and Satisfactions of Lien 5. To accept final and unconditional conveyance of the water utility facility for Calusa Island Village. 6. Recommendation to approve final acceptance of the water and sewer utility facility for VeronaWalk, Phase 2A. 7. Recommendation to approve final acceptance of the water and sewer utility facilities for VeronaWalk, Phase 2B. 8. Recommendation to approve final acceptance of the water and sewer utility conveyance for VeronaWalk,Phase 2C. 9. Recommendation to approve final acceptance of the water and sewer utility facilities for Heritage Bay, Phase 1 B. 10. Recommendation to approve final acceptance of the water and sewer utility facilities for Forest Park, Phase 4 11. Recommendation to approve final acceptance of the water and sewer utility facilities for North Naples Research and Technology Park. 12. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the finai plat of Ave Maria Unit 6, Bellerawalk Phase 1 B, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7 of 11 B. TRANSPORTATION SERVICES 1. Recommendation to authorize Board of County Commissioners Chairman to enter into a Local Agency Program (LAP) Agreement with the Florida Department of Transportation, on behalf of Collier County, for receipt of Federal dollars in the amount of $134,000 for landscaping enhancements for SR 93/1-75 at Golden Gate Parkway. 2. Recommendation for the Board of County Commissioners to approve a funding source change for past and future expenditures in the amount of $500,000 for Fleet Maintenance expenses and the Collier Area Transit facility repair and renovation expenses. 3. Recommendation to approve a budget amendment to transfer funds into a new stormwater project known as the Golden Gate City Stormwater Outfall Replacements, Project Number 510291, in the amount of $66,500. 4. To obtain Board of County Commissioner approval of an Easement Agreement and acceptance of a Drainage, Access and Maintenance Easement from the District School Board of Collier County for the purpose of maintaining the current drainage pattern in Section 34, Township 49S, Range 26E. 5. Recommendation for the Board of County Commissioners to approve a budget amendment to move unspent landscape maintenance fees that rolled from fiscal year 2007 into fiscal year 2008 to the Bridge Repair/Rehabilitation Program in the amount of $621 ,721.61. C. PUBLIC UTILITIES 1. Recommendation to award Bid Number 07-4192 for the purchase and installation of one 200 KW Generator for the Goodland Repump Station in the amount of $62,999 to Power Pro Tech Services and approve a budget amendment within the Goodland Water District Fund 441. 2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 3. Recommendation to Award Bid Number 07-4181 for landscaping of Public Utilities Division facilities in the estimated amount of $400,000 to Florida Land Maintenance, Amera- Tech Incorporated, and Ground Zero Landscaping. 4. Recommendation to approve five Work Orders for the development of the 2007 Master Plans for a not to exceed total of $781,940. Under Contract #05-3785, Fixed Term Contract for Professional Utilities Engineering Services, with Greeley & Hansen LLC four Work Orders for the 2007 Water, Wastewater, Irrigation Quality Water and Water Supply Master Plans for a total of $678,940. Under Contract #07-4071, Fixed Term Contract for Financial Consulting Services, with Public Resources Management Group, Inc. one Work Order for the 2007 Water, Wastewater and Irrigation Quality Water Rate and Impact Fee Studies for $103,000. Projects Numbers 70070, 75007, 73066, 72516, 75005 and 75018 cover these Work Orders. 8 of 11 D. PUBLIC SERVICES 1. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an Amended Subrecipient Agreement with Collier County Housing Development Corporation (CCHDC). This amendment is to extend the timeline for the development of Cirrus Pointe. The HOME grant was provided to the CCHDC to acquire approximately 10 acres of land, which was purchased in December, 2005 including the developers fee of $30,000 for a total of $320,000. Cirrus Pointe will construct 108 units of which 32 units will be for new affordable housing units in Collier County. 2. Recommendation to approve the after-the-fact submittal of the attached Older Americans Act grant application to the Area Agency on Aging to provide nutrition programming, in-home support services and case management for elderly residents in Collier County. 3. Recommendation to approve an agreement between the Board of County Commissioners and Benderson Development Company to allow the usage of the Golden Gate Kmart Plaza for parking during Snowfest. E. ADMINISTRATIVE SERVICES 1. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the fourth quarter of FY 07. F. COUNTY MANAGER 1. Recommend approval of an interlocal agreement with the City of Naples to lease office space for use by the Coliier County Film Commission Office. 2. Recommend approval of the award of RFP #07-4175, Collier County Tourism Department Public Relations Assistance, and corresponding tourism agreement between Collier County and BCF of Florida, inc. in the annual amount of $140,000 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Community Redevelopment Agency to approve a Resolution terminating a Site Improvement Grant Agreement between the CRA and Sona Gallery and Echo LLC due to applicants failure to meet terms of the agreement 2. Report to the Collier County Community Redevelopment Agency (CRA) providing an update on a proposed public referendum allowing the CRA to incur debt and to delay the desired referendum until November 4, 2008. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Collier Citizen of the Year event on Thursday, November 15 at The Naples Elks Lodge; $35.00 to be paid from Commissioner Henning's travel budget. 2. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending as a "celebrity server" at the Farm City BBQ on November 21, 2007. $18 to be paid from Commissioner Coletta's travel budget. 3. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Leadership COllier 20th Annual Platinum Holiday Party on December 6, 2007. $45 to be paid from Commissioner Coletta's travel budget. 9 of 11 4. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending Greater Naples Better Government Committee Holiday Social on December 18, 2007. $10 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of November 3, 2007 through November 9, 2007 and for submission into the official records of the Board. 2. To obtain Board approval for disbursements for the period of November 10, 2007 through November 16,2007 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1. Recommendation to approve a re~conveyance of unused portions of certain dedicated rights~ of-way in Immokalees Newmarket Subdivision. 2. Request by the Housing Finance Authority of Collier County for approval of resoiution authorizing the Authority to issue single family housing revenue bonds to be used to finance a qualifying singie family project to provide affordable workforce housing. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.PE-2007-AR-12164, Keith Basik, Larry Basik, Jeff Basik of Naples Big Cypress Market Place, represented by Patrick White, Esquire, of Porter, Wright, Morris and Arthur, LLP, is requesting a Parking Exemption for an irregularly shaped parcel of just less than ten acres to allow over flow parking facilities of approximately 372 total additional parking spaces in excess of minimum required parking for Naples Big Cypress Market Place. The subject property is located at 220 Basik Drive, at the Northwest corner of US 41 and Trinity Place, Section 17, Township 51 South, Range 27 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.PUDEX-2007-AR-12177 (NG) Hammock Woods, LLC, represented by David R. Underhill, Jr., of Banks Engineering, and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, and Johnson, P.A., is requesting a two~year extension for the Sierra Meadows PUD from December 14, 2007 to December 14, 2009 in accordance with LDC Section 10.02.13.D.5(a). The subject property consists of 90.8 acres and is located on the southwest corner of the intersection of Rattlesnake-Hammock Road (CR 864) and Collier Boulevard (CR 951), in Section 22, Township 50 South, Range 26 East, Collier County, Florida. 10 of 11 C. Request that the Board of County Commissioners Adopt an Ordinance to Regulate Security of Certain Convenience Store Businesses to Protect the Physical Security of Convenience Business Retail Employees and Individuals who Patronize such Businesses. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING. 2007 November 27. 2007 Item 3A2: Kelly Grandy will not be in attendance to receive her 20-year service award. (Staff's request.) Continue Item 6C to the December 11. 2007 BCC meetinq: Public petition request by Patrick White to discuss Orders finding Violation relating to property owned by Jerry and Kimberlea Blocker. (Petitioner's request.) Item 8A continued to the December 11. 2007 BCC meetinq: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-10648: Naples Motorcoach Resort, Inc., represented by Robert L. Duane, AICP of HoleMontes, Inc., and Richard D. Yovanovich Esquire, of Goodlette, Coleman & Johnson, P.A., is requesting a rezone from the Mobile Home Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C- 5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. This project proposes to allow development of up to 200 motorcoach lots as well as various amenities such as a boat ramp and boat slips. The subject property, consisting of 23.2 acres, is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (Petitioner's request.) Item 10A: In the executive summary under Considerations, second page, paragraph two, it refers to "48 additional deferral agreements processed". The correct number is 41. (Staff's request.) Item 100: The title in the index for this item uses the number 48 in reference to the number of impact fee deferrals. The correct number is 41, as stated in the executive summary. (Staff's request.) Item 16A1; Attachments for this item (Table 1 Prioritization Rankings and Figure 1 WMP Watersheds map) were omitted from the agenda packet. Copies have been distributed and are available for review. (Staff's request.) Move 16D1 to 10X: Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an Amended Subrecipient Agreement with Collier County Housing Development Corporation (CCHDC). This amendment is to extend the timeline for the development of Cirrus Pointe. The HOME grant was provided to the CCHDC to acquire approximately 10 acres of land, which was purchased in December, 2005 including the developers fee of $30,000 for a total of $320,000. Cirrus Pointe will construct 108 units of which 32 units will be for new affordable housing units in Collier County. (Commissioner Halas' request.) Item 16G2: In the executive summary under Background, last sentence should read, ". . . .. language to incur debt on the January 29, 2008 (rather than 2007) Presidential Primary ballot." (Staff's request.) Item 16D3: Under Considerations, 4th sentence should read: "Due to (rather than "do to") continued growth. . . . ." (Staff's request.) Time Certain Items: Item 5D to be heard at 11 :00 a.m. Swearing in ceremony of Matt Hudson, the newly elected Florida House of Representatives Member, District 101, by Collier County Judge Ramiro Manalich. Item 9A to be heard at 10:00 a.m. Presentation by Andrea B. Sims of The Waters-Oldani Executive Recruitment, a division of the Waters Consulting Group, Inc. Item s1 OA throuQh 100 to be heard at 3:00 p.m. Item 10R to be heard at 4:00 p.m. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Strada Bella (Olde Cypress PUDlo The roadway and drainage improvements will be privately maintained. Agenda Item No. 4A November 27.2007 Page 1 of 2 - PROCLAMATION WHEREAS, Sandra Ar""ld-L<rwsan joined the Collier County Government staff in ZOOZ as the Communications and Customer Relations Coordinator; and, WHEREAS, before joining Collier County. Sondra was a Navy journalist for Admiral Robert C. Chaplin, Commander u.s. Naval Forces .Tapan, and a news anchor and reporter for American Forces Network in Europe; and, WHEREAS, she has supported the Bureau of Emergency Services during two presidential decfared disasters (Hurricanes Charley and Wilma), as well as numerous other local emergencies; and, WHEREAS, since ZOOZ, Sandra has: completed the Florida Governor's Hurricane Conference Basic Public Information Officer's Course; earned the Federal Emergency Management Agency's (FEMA) Emergency Management Institute's Professional Development Series Certificate; Completed FEMA's Advanced Public Information Officer's Course; became Accredited in Public Relations (APR); and. - WHEREAS, ultimately, this has earned Sandra the Certified Emergency Manager (CEM) designation from the Internationol Association of Emergency Managers (IAEM) - of which only 700 individuals internationally currently hold. NOW THEREFORE, be it proclaimed by the Boord of County Commissioners of Collier County, Florida, that Sandra Arnold-Lawson be congratulated for this achievement and recognized as a valuable asset to Collier County. DONE AND ORDERED THIS 1 Zth Day of November, Z007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA JAMES COLETTA. CHAIRMAN ATTEST: .- DWIGHT E. BROCK, CLERK 2of2 COLLIER COIJNTV BOARD OF COUNTY COMrJlISSIONERS Item Number: Item Summary: tl,'" i'" jr,i ;\r ::,I(J.,Lt,w,;nr' IJ"~ c.rJ1'~t'::;itiI3tf;c! lor rect"V'i (j tne Certih~:;i t,IT'c'rqf'n~',,' M<Jnagc'r ';~'!,1,..~ meltler: In)," 'ne Ir,t""'naIOIBj i S~[F:'ClIiOI cf E,tNT3,'L(>' r,,1a~lauror ,.o::Mj, Tr) I)", ,,:'(-;pe /',:"':cw' U)';,'ur', Meeting Date: "I,-:'r ",;.r,I' I're-pared By ,""'-""1<<'" ','<f.-f.(.t"f(:i:, <1(;:<:'('12 [-!r;- i_'~f', ;:.lo~r<i ,':1 C;ounl<- Conmll~si"r'Fc:"O ~~::c Off,e, '(,li;W:;'I}(I"1: '!h:4JAr\' Approved 8)' ',"',0'- "'(';liW'C r'!!~""JD"",c: 'w' (;,"n- d,l( "'''''''';'<'''',,' ')fli:-' i;{2'UI~' '\flJlrnwd By un\, I'_t" ';f,'j,', file:! Ie; \AgcndaT est\Export\93- Novem ber%2027, 0/0202007\04, %20PROCl ,A MA TI ONS\4., 11/20/2007 Agenda Item No. 48 November 27, 2007 Page 1 of 2 - PROCLAMA TION WHEREAS, a vital part of the mission of Collier Caunty Government is to ensure that capital improvements for governmental services and infrastructure are provided to accommodate the Countys expanding population base/ and, WHEREAS, volunteer members of the Collier County Planning Commission (CCPC) perform an extremely important role within this prevision of capital improvements through their review of the Annual Update and Inventory Report (AUIR)/ and, WHEREAS, during the preporation for the three days of the AUIR workshops, and the workshops themselves~ the cepe members provided countless hours of volunteer effort/ and" WHEREAS, the 'result of the time given during the AUIR workshops by the CCPC membership provided the Board of County Commissioners (BCC) with specific recommendations related to the individual components of the AUIR from a planning perspective unique to the cepe membership: and, - WHEREAS. the specific recommendations provided to the BCC allow for that body to arrive upon decisions related to the proposed capital improvements within the AUIR that are mast reflective of the wants and needs of the community, while balanced against fiscal budgetary limitations. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Callier County, Florida, that we express the deepest appreciation to the Collier County Planning Commission members for their gift to our citizens. DONE AND ORDERED THIS 27th Day of November, 2007. BOARD OF COUN7Y COMMISSIONERS COLUER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK :! Of? COLLIER COUNTY BOARD Of COUNTY COMM!SSIONERS Item NlImber; IE: Item Summary: f-'r;:.;i,nHlllonU:,'!'i<,)pnl:(;Ir-,c iu" H'~T \nTf', ~."! ii'll,' ',I.HF:': t..,. ,c,.'C'tmj ,":" Plil:1rllnq Qf,W11;'ilonrlls",u",rs Meeting Date: ; ~I l(i-' C(, 0(1 i ,e'l ^Ilprllved 0,- S'l'c' "iI~;':H; t~CGUli\-'", ,ii~~:""C' fo tl"',' 8V" T)3!r, 80Md.-:" ::aunli ::ammjssiPIVT.o r<;c.Oflic': 11!Si2(1l1i .;::':: PM Approved By '",,,,,-;'/;"'\O;IJ 0"''''''\'';''''''-\-10" I.\co""C c,~' C,':;un', ,o.;mn""'"'."HN "'fl; file://C:\AgendaTest\Export\93- Novell1bt~/o2027, oAi202007\04. %20PROCLA MA TJ ONS\4.. J 1/20/2007 Agenda Item No. 4C November 27,2007 Page 1 of 2 - PROCLAMA rrON WHEREAS, a vital part of the mission of Collier County Government is to ensure that capital improvements for governmental services and infrastructure are provided to accommodate the County's expanding population base: and, WHEREAS, volunteer members of the County Government Productivity Committee (CGPC) perform an extremely important role within this provision of capital improvements through their review of the Annual Update and Inventory Report (AUIRJ' and. WHEREAS, during the preparation for the three days of the AUIR workshops, and the workshops themselves, the CGPC members provided countless hours of volunteer effort; and; WHEREAS, the result of the time given during the AUIR workshops by the CGPC members provided the Board of County Commissioners (Bee) with specific recommendations related to the individual components of the AUIR from a fiscal pe....spective unique to the CGPC membership; and" - WHEREAS. the specific recommendatIons provided to the BCC allow for thot body to arrive upon decisions related to the proposed capital improvements within the AUIR that are most reflective of the wants and needs of the community, wht'le balanced against fiscal budgetary limitations. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we express the deepest appreciation to the Collier County Productivity Committee members for their gift to our citizens. DONE AND ORDERED THIS 27th Day of November, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA JAMES COLETTA, CHAIRMAN A TrEST: DWIGHT E. BROCK, CLERK .--- Page 1 of 1 " P"JQr~ 2 COLLIER COUNTY BOARD 01' COUNTY COtJIM1SSIONE'RS Item Number: Item Summary: "dP'i,<r1<JlIY' ;~In'.,,' rrWmlHY" 'J!' 'n, ",,',,(,1 ".,., ,-,""if' OJ,,,,,, Vlcn"'ltn',' jr lw er". ',; D\' ;""c(j'J,r:t:'fil" 'j:!'l'1'i,l('~'o' "',"T'i;''''C< Meeting Date: U',ll.'( ,r,' PrcPllre1l8y ";;;'-,I,o:>,,,,,-,!,l' ~ ~,'Cml'!", Aic!" ihc, ~ - ,;, ~,- B<'li,rd 'OJ ,.>,Ur1t" '_',mn1'~,S'OHH<_ Jfi'cF 1/'0;'20(1" f':,'4'1~ ~,t{ Approved R~ c;\V' ;"ii~,N' r{;H''''l'''' ,I", .'~ ,t.~ '::~ ;;",,', ,_" (,>, (;n' -G"11t'o.'w'nt."-,-' '-n',v , : '~~ '21 "~Pi Appnl\'l'd II) '.',l.;(b :0'''''''',011;'0,'' , ,*- "'ni '')fi file://C:\AgendaTest\Exp0l1\93- November%2027, %202007\04. %20PROCLAMA TI ONS\4. 1]/20/2007 Agenda Item No. 40 r';iovember 27,2007 Page 1 of 2 - PROCLAMA TION WHEREAS, electronIC: waste, in the form of PCs. TVs, and other electronic devices, is the fastest growing part of the waste stream in America and in Collier County: . and, JlVHEREAS, just one computer monitor can contain 4 to 8 pounds of leae/, mercury, and cadmium, that if not recycled properly, could leach into our environment as well as take up precious landfill space: and. WHEREAS, with the onset of a new generation of operating systems, computers, flat screen TVs, and the 2009 digital TV mandate, recycling unwanted computers and rvs is more important now than ever before,. and" WHEREAS, Matthew Berning, a Life Scout Eagle Candidate of Troop 2001, feels strongly that all of Collier County should do their part to protect our precious environment and has dedicated hL<: Eagle Scout Service project to 0 public awareness campaign called '"Poison PC", Toxic D's: Recycle E- yVa;~;fe ;'<esponslb/y'" ana: - vVHEREAS, Matthew Berning has organized as a part of his Eagle Scout Service project a community roundup recycling event ff: conjunct/on with Best Buy and the ColI/er County Solid Waste Management Department to be held on December J', 2007, when Collier County residents can recycle 'Poison pes and Toxic TVs' and other e-waSfe responsibly. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Co/lier County, Florida, that December 1, 2007, be designated as ':4 Day af Recycling for Electronic Waste" DONE AND ORDERED THIS 2Tth Day of November, 200T. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ,- PageJofl A;l'-!I,rJ~1 Itel'~ ~,!O NiJvembCi27, P,MJ8:C' 012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4,', ~;IC ':"nullo" I' "ecoW,!ZC :";,a!tI1i-N' ':;W:Hl~. T'n)':)p ~:C\()1 ".t,: L V-9~""'7L oW 2"" ;!''(If'I!V rr~r~vc.il '~. mu",-< v. ,; (::)11' ;: i)~JI!; ca",'jid"U! lDr n i ,; nndln0",Si')f'8tfC'i,'C""i!ler 'ie,- d'- f'>v ~~,< ':;Hng tv ::::1'.' 'CO'I,' '-.^,'",s" (':c""'" -"W.'v ;)F .,.evept'. i n';, ~ 'Ie ,,',.:;.:"11' ::,,:, 'If'. ;',,', "(Im~ i\A,litr,rJ'i ,"COT;'!'''' Meetillg Date; n ~\ ; r, ..-:,Iv! J'rcJ)ured By r':'Jt,'iCWi'r\10d,,,; i.dllllnif,lnn",' ',ioJctr;,t.ll<-: Bce r~tl Boned 01' ~;O(jrl1}' (;arnllw,,,jOrle",. [SU' 'iGUfiO'<'::4!J:4f::PI\1 Appru"l'd Ry "i"""e, r':v,C',,~'i\'(' "be.-" :'<<tl bm,,, ""unj', '''N'' ';S'{J'H" V" il.pflrnved Uy ",';'HlC; \';';,"""",,, '''(;u~' .'n",'"". -"n;' fiJe://C:\AgendaT cSt\EXp011\93w Novcm ber%1202 7,%202007\04. %20PROCLAMATl 01\'5\4.. ] 1/20!2007 brock_m Agenda Item I'Jo. 5A Novembel' 27, 2007 Page 1 of 3 r- From: muddj Sent: Wednesday, November 14,20079;24 AM To: brock_m ee: bodinejudi Subject: FW: Comp Plan and Water Supply Plan Overview Mary-Jo, Please add this to the presentation section. Attach this email as backup. Thanks, Jim From: Tears Jr, Clarence [mailto:ctearsjr@sfwmd.govJ Sent: Wednesday, November 14, 20079:05 AM To: mudd.J Subject: FW: Camp Plan and Wats- Supply Plan Overview Jim. It looks like the 27th will work Based on your current agenda when do anticipate Chip's presentation to begin? Thanks Clarence __ From: Elias, Lourdes On Behalf Of Merriam, Chip Sent: Wednesday, November 14, 2007 8:57 AM To: Tears Jr, Clarence Subject: RE: Camp Plan and Wats- Supply Plan Overview Clarence, It looks like Chip is available on the 27th for this. Let me know if this works and please send me the details. Thanks! .t.ouwlcs 'M. 'EflaJ Executive Assistant Water Resources South Florida Water Management District (561) 6822706 (56]) 682.5011 (fax) lelias@sfwrnd.gov From: Tears Jr, aarence Sent: Thursday, November 08, 2007 4:53 PM To: Merriam, Chip Subject: FW: Camp Plan and Water Supply Plan Overview -- Chip, Does the 27th work for you? III I 4/2007 Thanks CLarence Agenda item No. 5/,\ November 27.2007 Page 2 of3 From: mudd.J [malltD:JamesMudd@coltiergOY.net] Sent: Thursday, November 08, 2007 4:52 PM To: Tears Jr, Clarence SUbject: RE: Camp Plan and Water Supply Plan Overview Clarence, How about Nov 27th In the am? Jim From: Tears Jr, Clarence [mailtD:ctearsjr@sfwmd_gov] Sent: Thursday, November 08, 2007 4:36 PM To: mudd.J SUbject: Camp Plan and Water Supply Plan Overview Jim, Chip Merriam the Deputy Executive Director of the District is requesting 10 minutes at an upcoming Commission meeting to go over the local Comprehensive Plan as ~ relates to S.B. 360 &444. Thanks Clarence 11/14/2007 Page] of J ':'v_ -,cJf? COLLIER COUNTY kOtq.~[; D~ CClurHY C:OMMISSIONE'P'S Item Number; Item Summary; ,,'IGE '/',ah"- V;C1 ,"~er.-,,,,,t 1"'>1" r~I'-" ?-V'.:j", Meeting Dale: Apprllvctl By iI'ucr" " r"~"F UP oha,,;ol-"uw', , omr""'~I'):1cr 'un, I,,"; '}C"- 'I_~!. 'H'" ,I:', 'w file:! 1C:\AgcndaTcst\Export\93- :"Jovcmbcroio202 7. %202001,05.'~ o20PRESENTA T] ()~S\5" 1]/20/2007 Agenda Item No. 58 November 27, 2007 Page 1 of 2 - EXECUTIVE SUMMARY Recommendation to recognize Jim von Rinteln, Emergency Management Coordinator, Bureau of Emergency Services, as Employee of the Month for November 2007. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Jim von Rinteln, Emergency Management Coordinator, Bureau of Emergency Services, as Employee of the Month for November 2007. CONSIDERATIONS: Jim van Rintein, Emergency Management Coordinator, has been nominated as the "Employee of the Month" for November 2007. Jim is instrumental in County hurricane, tornado and wildfire evacuations and responses. He is an innovative thinker with the ability to analyze problems and identify efficient and cost effective solutions. With :)ver twenty five years experience in he fieid, jirr; is often called upon to provide expert advice and gUidance to emergency management agencies across the state, In his free time. he instructs the Community :::mergencj1 Response Team, conducts emergency preparedness seminal-s and actively seeks opportunities to improve emergency awareness. His ',fast knowledge, natural leadership ability and strong organizational skills resulted in his selection as the project manager for the Emergency Services Center. Over the past three years, Jim has remained the driving force behind the funding, programming and construction efforts on this project that broke ground in February of this year. His professionalism and devotion to duty reflect greatly on Collier County and make Jim truly deserving of this award. FISCAL IMPACT: The selected "Employee of the Month" receives a $150.00 cash award. Funds are available in the Bureau of Emergency Services Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Jim van Rinteln as "Employee of the Month" for November 2007. PREPARED BY: Brittney Mahon, Employee Recognition Coordinator, Department of Human Resources >>- Page ] of J COLLIER COUNTY BOARD OF COUNTY COMM!SSiOI~E.R.S Item Number: CE'. Item Summary: F'::,,~/ rnrl)'Ow:;a!;lY to r()~U'lf1;n_ UTI "'fl i''iI~\'''ln i:'ITIt'rcl,::)('_' M" ia;.jPT'''';' -'''I'm ',,')lor L: 1,'0,') -'j ["-''E'r~w:'' '",rVICdc d~ c:rlwlny"c" ;,\ th ".';ont'l it; '"",j\''t'nbc:;'' K)/ Meeting Date: CT scncV"~J PreparetJ By Britlne',.' rl"JfWl1 E:rnp,oy"(' (-~"GO;,lnL\l"p '/,Qrd:nJ!o' ''''i' i-"jn"II1'slc,'_\L~", Sf)r~ll'()i' fiumfm Rp'.;(.,,~,,~ 1'13!20')7 .22!,,~-1 or,1 Appruved By .",.,1" r,krri~t ;'lUrlwr, "er;Ol"ce:. [nr"'.;tw [:2te '\:'nlfr..Slr~n~", Se",iG('~ HUI1\.nF,esnw"",' :,';'()[J; ::: 1~; ,'~/ Arpro\'l>u By i,'i.,,, I'HU "",,,,.,',,>1,'-/': ;.,.,1'1\"" -"'.lrn,m"""'J'/f.Se'!IO', J'-.,,,,-,, t"iit,.". C.,,',,,,;> ".,.;,(,; :"1',-' Approndlly i'PL':',-' i\'h;',,'" 'T,-,I;"" ""f'Jrnl"" 1""""'I'J 'c,:;:,,:r;-,:;.jh Apprnv{'d fly -\ppruved 1-"1\ Approved By "',"11 u",,,.<(), ':;(Jr;,m,";ri)",E<rs '.;)unt\,';,''',;'U'.<:c)1-!'c' S.'-t,M file:/ /C:\AgendaT est\Exp0r1\93- Novemher%202 7,%202007\05. %20PRESENT A TJ ONS\5,. 11/20/2007 Page] of I ,",uend<'1ltem NO.5:: !'Ju"t:mber 27, 2007 Paqc 1 of3 COLLIER COUNTY BOARD OF C<)UNTY COMMISSIONERS ~. Item Number; ItemSummllry; nti'o'OCHJI' "'reseI'l18!:r,' :Il; '''" ,11;(" ':;nu'-ity ';0; ,"lr:;:>,15 ,- "."I",ei -'rnl,"..! ~ju 'ilfl'_.n;lS ),K.'_I(;-' 2M 1'<1'<1\ "'11',"cl Meeting Date: ~ 1:" '~ :;r 'J : 0 c' on . \1'/: Prcpllloed B)' Hank..'ones "lliriri:'r-r""c;:V,'''''JQ'o '",1.( ':;'drninj',tr,llj"f,:~,.'rviu)' r',",;'il;\10"I""Hl-w.,,:..m"'rll I /1 ;~.' ]r:~-I ('~', f:-_[i. Approved Dr Stell!"C<lrnell Ur-:;I',;o'mp-'(,'-' t!in.'~t., ");'l' AO"I;""r.tr~i.Il1c. ;',('r\'1i:W Cl')' n:> , "1 ,niY\-;' ~ Approved B)' f'i'(,,,lde,'-'r',u ",-, ;-t'a"cT i',jr"i,.,,~t,:)( '.', Y,"vIUl fi'0 ",;",", Appruved Dy ~;"'" '''mp C'M "'hi"'" """'\ir'i"f:1T',jC ^Ilprul'ed B~' Approvt'u By 1l'. k,,' ~)h .- Approved By "",,> -,r. ":"~',,'" Cf;,;nL -";"'0:"""'-" Df\'ic' "';-(;Ct" ;i.;'r;;'(;f:~"'~''';; (U""" ,'0'-:": ""-'I, Approved By .Ja'ilt'~ \' ~',u:jd ':"""'1" i<:JI1;";,c 1:1 ,,~C b()~rddCO(lllt\ '~G;U]t~ rv.'tn;\Cj(f', :-ft,,:" I j'j f~I~(i(,7 ~ .50 ["rf COllltllll>SlOnerr, fi1e:l/C:\AgelldaTest\Exp0l1\93~ No\'cmhcr'%2027, %,202007\05.l}(,20PRESENT ATJ ONS\5 J 1/2012007 .Agenda Item No. 5C November 27. 2007 Page 2 of 3 CONTRACTOR PRESENT A nON FORM Board Presentation Date: NOVEMBER 27, 2007 Contract Nnmber, Project Title, Proiect Number: Contract #04-3576; PO # 45-00025867; Collicr Courthouse Annex; Project 52533 Firm Name: Kraft Construction Company, Inc. Project Manal!er: Don Olney Proiect Description: Site preparation and bnilding construction of a 137,984 sq.ft., 7 Story, Courthouse Annex connected to the Collier County Courthouse by a 4 story Atrium. The building will house administrative functions in support of the Collier County Courthouse: Clerk of Courts (probate, cashiering, traffic, administration, recording, civil and criminal functions), State Attorney Offices, and Public Defender Offiees. Oril!inal Start Date: Concept Phase: 1/200 I Design: 6/200 I Construction: 01/02/2007 i Oril!inal Contract Amount: Building (7 Stories; 3 finished and 4 shell only) $36,685,528 Revised Contract Amount: Building (7 Stories; all 7 finished) $39,279.123 Oril!inal Completion Date: ] l/12/2008 Revised Completion Date: 3/2/2009 Reason(s) for Variance: Scheduled completion date increased due to added interior finishing to top 4 floors. Reason(s) for Variance: Addition of interior finish on top 4 floors and deduction of Direct Material Purchases (over $335,000 in tax savings). Actions Planned/Taken to Minimize Variance: Continued Value engineering to reduce costs. Actions Planned/Taken to Minimize Variance: Value Engineering changes to reduce construction schedule and weekly attention to schedule details may advance completion. Current Project Status: On Schedule Design: 100%; Building Construction; 24%; Re-Permitting for Interior Finishing of Top 4 Floors - In Progrss. Agenda Item No. 5C November 27 2007 Page 3 of 3 ~. Agenoa Item I~o. SA November 27 2007 Page'1 of 5 COLLIER COUN1Y MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 November 9, 2007 Mary Mayville Collier County Agricultural Fair & Exposition, Inc. 751 39'" Avenue NE Naples, FL 34120 Re: Public Petition Request to Discuss Reinstatement of a Pennanent Beer License Dear Ms. Mayville: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 27, 2007, regarding the above referenced subject. ~ Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board shouid be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, /'7 ~ // ~v. Mudd7 County Manager JVMfjb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Marla Ramsey, Public Services Administrator .'- NDV-09-2007-FRI 11:05 AM COLLIER COUNTY FAIR FAX No. 2394556701 Agenefa m No. 6A NQvember 27, 2007 Page 2 01 5 Reauest to Speak under' Public Petition Please print Name: Collier County Aaricultural Fair & Exposition. Inc. 751 39th Avenue NE Address: Naoles, FL 34120 Phone: (239) 455--1444 Date of the Board Meetlnll vou wish to soeak: November 27, 2007 Please exnlain In datal/the reason vou are reauestlno to soeak (attach additional PQQe if necessary): The past Board of Directors of the Collier County Aoricultural Fair & Exposition. Inc. allowed the Dermanent beer license to lapse. The present Board of Directors is attemDtino to re-instate thSlt permanent beer license. The current Board of Directors has comPleted the OSPR ABT-6001 and 6036 forms aiono with the fincerprint cards. The Department of Health has Inspected and issued a satisfactory certificate. However, the Department of Zoning has declined approval crono eatino pieces and bars/lounces afe those for which they 'normally" aoorove permanent 'alcohol licenses. A copv of our letter to them and their response Is attached. Our lease aareement states that the Collier County Aaricultural Fair & Exoosltion. Inc. has conditional use for utilization of prooertY for the pUfPose of operatino a falraround facility and is, considered a recreational facility and shall be for the benefit of the ceneral public. We are deslanated for fairs. concerts, festivals, etc, In addition to the Annual County Fair we host numerous Demolition Derbv's, Concerts. Home & Garden Shows, Boat Shows throuohout the calendar year. In March 2008, we anticipate hostina the 3-dav Annual Country Jam alona with the CollierCounty Parks and Recreation. We are onlv allowed three (3) 11213-day temoorarv beer licenses In the calendar vear. This does not allow us to vend beer at all the events. especiallv if they are week-Iona. c:\Do"""onto ond ll8lIingllColior County Foil\Oell<lop1l'ubllo PotIIIon Roq....t Form-complotod._ NQV-09-2007-FRI 11:05 AM COLLIER COUNTY FAIR FAX No. 2394556701 AgenJa ~ No. 6A Nqvember '27 2007 D age 3 01 5 Please emls!" in detail the action YOU are aski"a the Commission to take (attach additional Daae If necessary): We are re8Dectfullv aski"a the Cammi88ion to vote In favor of allowina the Collier County Aarlcultural Fair & ExDosltion. Inc. to aaDly for the reinstatement of a permanent beer license with the slaned approval bv the DeDartment of Zonlna , C:\Oocumenlll ond 8eIllngtIColftar County Falr\D8OktOplPublia PetItion Requeot Form-comploted.doo NGY-09-2007-FRI 11:05 AM COLLIER COUNTY FAIR FAX No. 2394556701 AgendB.lflW No. 6A November 27.2007 . Page 4 of 5 / ~1~1/' ~" dII~~ $ .~l I".:,~~_' THE COLLIER COUNTY AGlUCULTURAL FAIR & EXPOSITION, INC. 751 39'hAvenueNE Naples, FL 34120 (239) 455-1444 Fall (239) 455-6701 e-mail; infu@colliercountvfair.coln www.colliercountyfair.com September 28, 2007 Mr. Ross ClochenaUf Plarining Manager Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. GochenaUf, TIlis letter is per your request in our endeavor to obtain R pelmanent beer license at the Collier County Fairgrounds. . Ow'lflllBe agreement states that the Collier County Agricultural Fair & E1I.position, Inc, has conditional use fur utilization of property for the purpose of operating a fairground facility and is considered a recreational facility and shall be fOT the benefit of the general public. Weare designated for fairs, concerts, etc. In addition to the Annual County Fair we host numerous Demolition Derby's, Boa! Shows, Concerts, HOlDe & Garden Shows (just to name a few) throughout the calendar year. In March 2008, we will host !be 3-day Annual Country Jam along with the CollieT County parb lII1d Recreation. While we arc familiar with the temporary 1/213-day pennit through the Division of AIcohplic Beverages and Tobacco, we are allowed onIy three (3) of these throughout the coIendar year. This'certainly does not allow us to vend beer a! all the events we host, especially ifUley are week-long. At the past events where we held a temporary pennit for beer sales it was very profitable allowing us to even host an additional event. As we understand it, prior to the current Fair Board Il!t:lInbers, the Collier COWlty Agricultural Fair & Exposition, Inc. did hold" permanent liquor license. However, it lapsed during the re- seating of prior BOBl'ds, We would appreciate your favorable and timely response to our request. Sincerely, CJQ.cft (Beer Rick Bell President . NeV-09-2007-FRI 11:05 AM COLLIER COUNTY FAIR . . FAX No, 2394556701 .'oa9nJ~ 00&n I~o. 6'0 "covernber 27 ~71 of J Page ::c or 5 !!D' Mayville From: To: ec: Sent: Attach: Subject HI, Mary "gochenaurj' <RoeaGochenaur@colllergov.nel> <falrmansger@colllemountyfalr.com> "lslene.Su.l\n" <SusanIBtenas@Colliergov.nel>; "gochenl\urj' <RoIl8Gochenaur@oolliergov.net>; "CailltlaAshley" <AshleyCaserte@oolllergov,net>; "cIementsJ<" <KarenCiements@oolllergov.net>; "davlecraig" <CllIigDavls4!lcolllergov.nel>; "fronLdetlk" <Iront_delk@colliergov.nel>; "hedrlch_d" <:DHedtlch@colllergov.net>; "LopelaJen" <:JllnLopala@colllergov.nel>; "McNaRBruce" <BruceMcNaIICCOlllergov.net>; "Sanc/lezJuen" <:JuanSanc/laz@oolliergav.net>; "SawyerMichllel" <MlchaeISawyer@oolliergov.nel>; "soler_o" <CheryISOler@colllergov.net>; "willoughby _0" <ChrtellneWlaoughby@ool~ergov .net>; "Wl'ightBob" <BobWrightillloollergov.net> Wednesday, October 17, 2007 9:17 AM . LETTER TO ROSS GOCHENAUR 09 28 2007.doo FVV: COLLIER COUNTY FAIR REQUEST alcohol permit I apologize again for how long this nas Iaken. I disculll!ed the Zoning Department's role in approving alcohol permits with Susan Istenes, the Zoning Managar, yesterday. The Land Development Code )LOC) simply says that the Zoning Director may approve such Iicell8llS, not the circumstances under which we may grant approval other than compliance with localional restrictions. The LDC deal. with use issues, and II is up to us to detennlne il the use, Including the event involved, Is allowe<l in the zoning district, and thatthare is is no conflict with the LDC, Typically, esiablillhments that serve lood and/or alcohol as a principal or accessory use (eating placas and bars or lounges) are those for whioh we normally approve permanenl alcohol licenses. Currently, we have approved temporary alcohol licenses for speolflc events at the fairground as an accessory usa to the event In question. In this way, we are able to evaluate whether the event is compatible with the ~onlng, and if serving alcohQj is a typioal accessory use associated with such an event Many different events are held at the fairgrounds, and serving alcohol would not be appropriate lor all of them. Allowing temporary alcohol permits on a case-by-case basis is our only means of controlling the use, and we will have to continue Issuing temporary permits, rather than approving a permanent permit, for Ihis reaSOn, Please convey this Informallon to Mr.Bell, and apologize to him as well lor the delay. I'm sorry the result Is a negative response, bu it is my decision that this is the only way to handle the situation in accordance with the provisions of Ihe LDC. Sincerely, Ross Gochenaur Planning Manager """.,....-..- From: Mary Mayville [~lto:falrmanager@CORlercOuntyfalr,comJ Sent: Friday, September 2B, 2007 3:07 PM ro: gochanaucr SubjllCt: COWER COUNTY FAIR ~UI;ST , Dear Mr. Gochenaur, With regards to our. request fol' a permanent beer license, attached is a letter from Mr. Rick Bell, President of the Collier :::OUnty Fait, rhank you very much for your time. Vlary L. Mayville :ntedm Fair ManageI' 10/171'2007 .- Aaenda Item No 6B N~ovember 27,2007 Page 1 of 2 COLLIER COUNIY MANAGER'S OFFICE 3301 East Tamiami Ttail . Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 November 13, 2007 Mark Adamczyk Peck & Peck Suite 103, Wachovia Bank Building 5801 Pelican Bay Boulevard Naples, FL 34108-2709 Re: Public Petition Request to Discuss the Construction of County Park in The Delasol Community Dear Mr. Adamczyk: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 27, 2007, regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. ~e:l~ ~~~ County Manager JVM/jb cc: David Weigel, County Attorney Marla Ramsey, Public Services Administrator Name: Mark E. Adamczyk, Delasol homeowner and Attomey representing the Delasol Homeowner's Associ;;ltinn Inr. .L\genda Item No. 68 November 27. 2007 RECEIVED Page 2 of 2 OFFICE OF THE COUNTY MANAGER Reauest to Soeak under Public Petition NOV 1 3 2007 ACTION Address: Peck & Peck Suite 103, Wachovia Bank Building 5801 Pelican Bay Boulevard Naples, FL 34108-2709 Phone: 239-566-3600 (fax 239-566-3977) Date of the Board Meetina you wish to soeak: November 27, 2007 Please exolain in detail the reason you are reouestina to soeak: Collier County is beginning to develop a 1 acre County park in the Delasol community (Madeira PUDlo The homeowner's oppose the development of the park because it would allow direct public access to the residential area of Delasol via a boardwalk from the end of Euclid Ave. to the park and directly thru the park into Delasol on an open pathway. A major portion of the total expense ($700,000) for the park's construction is for the boardwalk and the pathways - the proposed playground is very modest. The homeowners find it unprecedented and unacceptable that the County would spend this much money on what amounts to a public path into their community. They do not believe adequate consideration of the park concept was given at the time of PUD approval. Only in the final debate surrounding the PUD was a gated community without interconnectivity approved. Please eXDlain in detail the action yOU are askina the Commission to take: At a recent homeowner's meeting it was nearly unanimous that the homeowners would like the Commission to stop the development of the park, save the funds (est. $500,000 of County funding and $200,000 of State funding), and leave the 1 acre as it is - a green space. Hand Delivered 11/13/07 Agenda Item No. 6C November 27, 2007 Page 1 of 2 COlliER COUN1Y MANAGER'S OFFICE 3301 East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 November 13, 2007 Patrick G. White, Esq. Of Counsel Porter Wright Morris & Arthur LLP 5801 Pelican Bay Boulevard, Suite 300 Naples, FL 34108-2709 Re: Public Petition Request to Discuss Orders Finding Violation Relating to Property Owned by Jerry and Kimberiea Blocker Dear Mr. White: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 27, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the govemment complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. aerelY, . ~~W~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Agenda Item No. 6C November 27.2007 Page 2 of 2 Reauest to Soeak under Public Petition Name: Patrick G. White, Esq., Attorney for Jerry and Kimberlea Blocker Address: 5801 Pelican Bay Blvd., Suite 300 Naples, FL 34108-2709 Phone: 239-593-2963 (office) 239-593-2990 (fax) Date of the Board Meetina vou wish to speak: November 27,2007 Please eXDlain in detail the reason vou are reauestina to speak: To discuss alternative means to resolve pending Collier County Code Enforcement Board (CEB) cases. On Thursday, November 29,2007, the CEB will be considering whether or not to impose fines in three related, connected cases, which seek to have the existing use of more than five decades legitimized. As an alternative to rezoning the subject properties, which would also require an amendment to the County's Growth Management Plan (GMP), Mr. & Mrs. Blocker request that in the interest of fairness and equal treatment that the CEB be asked to amend its Orders Finding Violation to allow County staff and Mr. & Mrs. Blocker to use the Immokalee Initiative's Site Improvement Plan (SIP) process to abate the present code violations. Under the existing regulations of both the GMP and LDC, non-conforming mobile home parks are given the right to come into compliance with today's regulations if they follow the SIP process. Because the date specified in the LDC has passed to voluntarily enter the SIP process, however, in order to use the SIP process the CEB must order respondents to abate their violations under that section of the LDC. Thus, by law, the CEB may re-open the window and allow a violator to cure the violation in the same manner as dozens of park owners have previously done under the Immokalee Initiative. As mentioned, this use has been present on-site since the mid-1950's. Mr. & Mrs. Blocker have been unable to find any map of the then effective zoning districts and then existing zoning laws that when taken together prohibit the current use. As a non- conforming use Mr. & Mrs. Blocker are entitled to use the SIP process if the CEB amends its Orders. Please explain in detail the action vou are askina the Commission to take: To recommend that the CEB modify its Orders Finding Violation to allow County staff and Mr. & Mrs. Blocker to use the Immokalee Initiative's Site Improvement Plan process to abate their code violations. Hand Delivered 11/13/07 NAPLES13318lS v,OI Agenda Item No. 6D November 27.2007 Page 1 Of 2 COLLIER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 November 14, 2007 Mr. Craig Brugger Youngquist Brothers, Inc. 15465 Pine Ridge Road Fort Myers, FL 33908 Re: Public Petition Request to Discuss Waiver to Contract with FGUA for their Goiden Gate Wastewater Piant Injection Well Dear Mr. Brugger: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 27, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board mernbers. If you require any further infonnation or assistance, please do not hesitate to contact this office. JVM/jb cc: David Weigel, County Attorney Jim DeLony, Public Utilities Administrator p,qenG3 It8m No. 60 I~.overrmm 27, 2007 :2 of 2 Reouest to Speak under Public Petition Please print Name: Craig Brugger / Youngquist Brothers Inc. Address: 15465 Pine Ridge Road, Fort Myers, FL 33908 Phone: 239-489-4444 Date of the Board Meetino YOU wish to speak: Nov 27th . 2007 Please explain in detai/the reason vou are reouestino to speak (attach additional paoe if necessary): We have a contracted with FGUA to drill a injection well at their Goiden Gate Waste Water Plant. Our bid and contract was based on 24 hour, 7 day work schedule. This around the clock schedule is due to nature of deep well construction, such as Installing thousands of feet steel casings that can not be stopped until they are completed. Cementing and testing the well casing is also a continuous process that lasts over 24 hrs. This has to be done this way to insure that the casing is installed and cemented before the underground formation collapses. Youngquist Brothers has performed numerous injection well projects for Collier County Utilities with minimal or no complaints. Please explain in detail the action vou are askino the Commission to take (attach additional paoe if necessary): We are asking for a waiver for working 24 hours per day, seven days a week. Drilling days only instead of 24/7, will cost FGUA and their customers an additional $1.9million. This was an alternate bid item. YBI has drilled 8 deep Injection wells & the associated dual zone monitors on the 7/24 schedule without issue. C:\Documents and Settings\bodinejudi\Local Settings\Ternporary Internet Flles\OLK20\Public Petition Request Fonn (2) (2).doc Agenda Item No. 6E November 27. 2007 Page 1 of 3 COllIER COUN1Y MANAGER'S OFFICE 3301 East Tamiami Ttail . Naples, Florida 341]1. (239) 774-8383 . FAX (239) 774-4010 November 15, 2007 Mr. Robert Lockhart 1361 Lake Shore Drive Naples, FL 34103 Re: Public Petition Request to Discuss CEB Case No. 2004-026 and Related Fines Dear Mr. Lockhart: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 27, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on YOUt petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Fioor of the W. Harmon Turner Building (Building "FO) of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. James V. County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator HOV-1~-e7 12:35 PM LOCKHART 941 262 59'86 A d I P.02 gen a tern I o. 6E November 27 2007 Page 2 013 , R- olD ~ 'I .- PutIIIc PwIlIion Pleeae print ~~~_~L \.PK~ ~~~I%I._~S~ ~. t.l~L,Et, FL. ~~O~ ___ ...._._.._____..._.._.'...l_ Phone: _.~.':'.I59'WD Date oHhe Rt-.t Meetina 'tOP wish tllpMk: ~..'k 1~l..___ DIa-- ......-n m -..... r "'fl VOl/ ... real~ to ....-.k ,-IIdditiol'le! Dm81f1'lA1 ~ #l: Pee. 'D1~aN ~!'!~. ~ID w~SL I lAu""'Y-.. ~~ I w.t.; 1'7 1UE. _ 0tlL-1 #lw.w~.~ ~ _,.__ /J., Rs~et.J,""olo..\ 10 ~ 1-\ E1J elJ ~ Prto~ . ~ c.ep, CJQ:. ~o. 'Z.c04---e-z.".' Pf.o~ It!? ~ It.! Cer-\ fLH&JCE, I eo..w \=Iw e; P1o-I D .wJt>__ ~ :I: . ~~T1~ ~O~ "Rl l>ol).J.(L ~.,j,.-.po LI~ -(:%~~ ~~f ~~~_'! PIa_u _In m ~IM -mnn YOU are.uina 1M Con..Ii_on to !like 1&"*,1) additional-if... -_": ~I..E. j!l tE;oL..\I~ I..tldJ ft:2-. ~ ,A:n1ta\~ ~ .I: ~ ~ RJ&u~ f9'tJ_tJf?~~-:.._ ~ ~,~o.j or UBJ , -.......---".. -...-- -~'---~-.,_. C"",_ F"'_. 00101o 7.--.............r_''lIcr_....._ LocKHART ENGINEERING, INc. 941 262 5996 P.03 Aqenda Item 0 '3;= N~overnber 27 2'ob? ;:. c> ':\ (If ':' ROBERt It L , Pt Pmhillu NOV-iS-a? 12:3~ PM LOCKHART - . . . ..,. .~,' .~~~...:..';. J . Ii] . CIVIL .;; SITE I'I.ANNING ,: ZONINO ATI'ACHMKNT "A" Request reduction of Code Enforcement Lien to amount.of $10,00. the receipt whereof is hereby acknowledged, in exchange for a future cOll'lldtrnent for a total of S9 houn of Community Service time in the capacity as a Registered Professional Civil Bngineering Consultant to asaist any appropriate County Department and/or for special projects, as directed by the Board, Satisfaction of Lien to be recorded in Public Records upon execution of this agreement_ 13M L"k~hore Drive . Naples, Florida 34103 Phone/FlX' 1239) 2 2-5986 Agenda Item !\io. 8A November 27 _ 2007 Page, of 190 - EXECUTIVE SUMMARY Petition: PUDZ-2006-AR-I0648: Naples Motorcoach Resort Inc., represented by Robert L. Duane, MCP, of HoleMontes, Inc., and Richard D. Yovanovich, esquire, of Goodlette, Coleman, & Johnson, P.A., is requesting a rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, lTRVC & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. This project proposes to allow development of up to 200 motorcoach lots as well as various amenities such as a boat ramp and boat slips. The suhject property, consisting of 23.2 acres, is located on the southwest side of Tamiami Trnil, East, approximately three quarters of a mile east of Collier BoulevanJ (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida OBJECTIVE; To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced rezone to CPUD and render a deeision regarding the petition. CONSIDERATIONS: The petitioner requests that the BeC approve a rezone of the recently cleared 23.2x acre subject property to allow development of a maximum of 200 motorcoach lots and amenities such as a clubhouse. swimming pools, tennis courts, a one-story, IS-foot high (actual height) boat storage facility to house a maximum of32 boats, and a maximum 0[27 boat slips along .- Henderson Creek, The subject property was the site of the Greystone Mobile Home Park, however that use has been discontinued and the subject property has been cleared. The petitioner is seeking six deviations as part of this PUD rezoning petition. Staff's initial analysis of the proposed deviations is contained in the attached staff report. Staff had originally supported Deviations #1 through #4 and #6, but recommended denial of Deviation #5. The petitioner's agent has modified Deviation #5 since the staff report was prepared and staff now supports the modified deviation request. All stipulations associated with staff recommendations for the deviations have been incorporated into the PUD documents. .- TIlls project is located within the Collier County Water/Sewer District. As noted in the staff report, Utilities staff requested the petitioner to provide a 40 by 50 foot wellfield site and provide access to a public street. The petitioner complied with the wellfield request on April 6, 2007, however this is not reflected in the current Planned Unit Development Master Plan. On the basis of the County's 2007 Water Supply Development Plan, the project lies within a targeted area for a wellfield for the future Southeast Water Treatment Plant. FISCAL IMPACT: The PUD rezone, 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 PUD rezone is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. 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 (CIE) of the GroWth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities, Additionally, in order to meet the requirements of concurrency management, the developer of every local development order Naples Motorcoach Resort CPUD PUDZ-2006-AR-10648 Executive Summary for 11/27107 Bee Page 1 of6 /\genda Item No" SA !\jDvember 27, 2007 Page 2 of '[ 90 approved by Collier County is required to pay 50 percent of the estimated Transportation ImpllL't 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. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. 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 IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, and is within the Coastal High Hazard Area, all as identified on the Future Land Use Map (FLUM) of the GMP. This designation allows the proposed Travel TrailerlRecreational Vehicle (ITRV) use. A motorcoach is a type ofTTRV use and it is considered a commercial use. The GMP allows motorcoach units in the Subdistrict within the Coastal High Hazard Area subject to compliance with certain criteria. Staff has analyzed the project in light of that criteria and has determined that the project is compliant. For details, please refer to the Staff Report prepared for the Collier County Planning Commission. Transportation Element; Transportation Division Planning staff has reviewed the CPUD Traffic Impact Statement (TIS) included in the application back-up material and the CPUD docwnents to ensure the CPUD docwnents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policy 5.1. Those policies require the review of all rezone requests with consideration of its 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 LOS within the 5 year planning period unless mitigating stipulations are approved. The project review was based on the current TIS guidelines and with respect to GMP Transportation Element Policy 5.1. The project traffic was distributed on the adjacent roadway network and analyzed through project build out with consideration given to the five-year planning period. The Naples Motorcoach Resort PUDZ can be considered consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. The adjacent roadway network is currently over capacity when considering background traffic plus banked traffic, and cannot accommodate additional trips. However this project proposes a net reduction of 65 PM Peak Hour, Peak Direction trips. The project is therefore consistent throughout the five-year planning period. US-41 has a negative remaining capacity of approximately 288 trips, and is currently at LOS "F." Conservation and Coastal Management Element: Pursuant to Policy 6.1.8 and the Land Development Code, an Environmental Impact Statement was not required. However, in accordance with Policy 7.2.1 the project was required to be evaluated for consistency with the Manatee Protection Plan. Environmental staff have reviewed that information provided by the applicant and have found the project consistent with the stated objectives of the Collier County Manatee Protection Plan (to reduce boat-related manatee mortalities, achieve an optimal sustainable manatee population. and to protect manatee habitat) by reducing the number of boats which could use the facility and by restricting any expansion of the boat facility in the future. There is no existing native vegetation that needs to be retained on site to be deemed consistent with Policy 6.1.1. No jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Naples Motorcoach Resort CPUD PUDZ-2006-AR-10648 Executive Summary for 11/27107 BCC Page 2 016 /\genc;a Item No 8A NOV9tTmer 27 2007 P~ge ::; ~)f '190 GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. 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, as revised before, during and after the CCPC hearing (see CCPC discussion later in the report), is consistent with the FLUM and the FLUE. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the goals, objective and policies of the overall GMP if stafPs recommendation is adopted. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordabie- Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. This petition was not required to submit an Environmental Impact Statement (EIS). The site is not located within a Special Treatment overlay which would also have required the submittal of an EIS. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because an EIS was not required and there are no impacts to wetlands, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on October 18, 2007; a motion was made and seconded to forward petition PUDZ-2006-AR-I0648 to the BCC with a recommendation of approval by a vote of 7 to 0 subject to the following stipulations: Prior to the Board of County Commissioner's hearing, the PUD documents shall be modified to address the following: 1. The actual height of the boat storage facilities shall be limited to 15 feet (see Exhibit A., Section B.5 and Exhibit B Boat Storage Building Maximum Building Height); and 2. Motorcoach units shall be limited to a minimum length of 35 feet and a maximum length of 45 feet (Exhibit A, Permitted Uses, A.l. Definition); and 3. Clarity Exhibit A.B.2 "Small Utility Buildings" shall be limited to 1,000 sqUllJ'e feet; and 4. Revise Exhibit A.B.5 and Exhibit F to indicate that the covered boat storage facility is limited to a maximum of 32 spaces in one tier (story) only. The covered boat storage facilities can be accommodated in two separate structures within the Tract 1. Furthermore, no boat trailer storage (with or without boats) shall be permitted on the subject site except within the covered boat storage facility; any other boat or boat trailer storage is prohibited; and 5. Revise Exhibit E, Deviation #5 and Exhibit F.2. to indicate that the required landscape buffer area and number and types of plantings shall not be reduced but instead the same sqUllJ'e footage and number and types of plantings shall be relocated within each individual recreation and Naples Motorcoach Resort CPUD PUDZ-2006-AR-l0648 Executive Summary for 11/27107 Bee Page 30f6 Agen-ja item i~o. 8l.. r\JovemlJ8r 27 2007 PagE; 4 of i C-)(l clubhouse areas outside the wheel stops, e.g., between the parking spaces and the structures rather than between the road right-of-way and the parking spaces; and 6. Revise Exhibit B to reflect a minimum setback along US 41 for the bathhouse shall be 50 feet instead of 25 feet; and 7. Revise Exhibit F to remove item 5, and revise item 6 to indicate that the motorcoaches shall be removed from the site if a hurricane watch is issued; and 8. Replace the language in Exhibit F.2 with the following; The developer shall provide a IS-foot wide buffer area that is comprised of four rows of native trees, planted at a maximum of 25 feet on center in staggered rows on the Henderson Drive side of the covered boat storage area. Trees shall be a minimum of] 8 feet tall at time of planting. There shall be two rows of shade/canopy trees that include no clustering; and two rows trees of varied species that can be clustered. The IS-foot wide buffer shall also include a double staggered hedgerow that is a minimum of 6 feet high at time of planting. The buffer area shall also include a wall that is a minimum of 8 feet high. Half of the required shade/canopy trees shall be planted on the Henderson Drive side of the wall. (See Exhibit C-I); and 9. Revised Exhibit B, Boat Storage Building front setback to allow a ] O-foot setback instead of a 20-foot setback (for the internal roadway); and J O. Remove the well casement. Because there were letters of objection submitted regarding this petition, this petition cannot be placed on the summary agenda. LEGAL CONSIDERATIONS: This is a site specific request to rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. Site Specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Additionally, the applicant is amending some of the development standards including the removal of conditional uses and reducing the height. These proposals should also be reviewed utilizing any of the applicable criteria below. Criteria for PUD Rezones Ask yourself the following questions_ The answers assist you in making a determination for approval or not. I. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? The County Attorney has found unified control and suitability of agreements. Naples Motorcoach Resort CPUD PUDZ-2006-AR-l0648 Executive Summary for 11/27107 BCC Page 4 of6 ,L\gencia Item No_ SA t..Jovember 27, 2007 Page ::' of 190 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the GMP. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (a~ proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular ca~e, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. 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 projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? Naples Motorcoach Resort CPUD PUDZ-2006-AR-l0648 Executive Summary for 11/27107 BCC Page 5 016 Agenda item No, BA November 27, 2007 PaGe 6 of :[-)0 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant o.fspecial privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property reasonably cannot be used in accordance with existing zoning? 22. Is the change suggested out of scale with the needs of the neighborhood or the County? 23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 24. 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. 25. Consider: The impact of dcvelopment resulting from the proposed PUO rezone on the availability of adequate public facilities and senlices consistent with thc LOS adopted in the Collier County GMP and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.1 06, art.II}, as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BeC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, induding but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-2006-AR- 10648 subject to the conditions of approval that have been incorporated in the Ordinance of Adoption. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Naples Motorcoach Resort CPUD PUDZ-2006-AR-10648 Executive Summary for 11/27107 BCC Page6of6 Page I of ] Agenda Item ND, BA November n, 21]07 Page 7 uIE,JO COLLIER COUNTY BOARD 0;:: COUNTY COMMISSIONERS Item Number: Item Summary: nilS j\(-~ '8QI:I(% 'r;iJj "Ii ;:artIGiPant::, bE: ',worn in an,j 61, c,,,r\!', GI~;ciO:;IJC('; tn; c,nvlct,"c! by ,;:"nlll ~S,lW Thin!."", --",'!;!ICW' f'UD?2COI>AR-1DGt,3 hiJ:.)le~; Mot0r~u,"dl Resort in,: rt':..'rl1sem, ,! by ~,~"-'er1 ~);j3n(''- !c':p ill H(>IBMume~. Inc ""lei F;'I01,lrU [) '(\V:'i1lC''''U' "',S'1i"'-P -, '--;OQdieli!', l,'Jlenan Ii joh )~,()r, "',A.. 10 rhll1lY"lnq nJ,.D"f' frum tl"o", MGbll~" I')ml' "HVt' - r:,jirTRvl"",niINH,!I"i;I')";Ii" Cc',rnpgi','l;r,(! )1111 ""nrn"ner'::i3i:_U'1IU: "'1-;':;1' ,TPW;i; I,~; t'1" "Till': c:;' C ii'" P lil '11";;." , "lj', t') 'O'v"", lPIT1"-'1\: [,j ~',i r I'~! ,) nr::ec' D(1 "('10'''' i d l'r)( i'J,lples Pv'ID1'J:'GUo.U: I,;, ~)n-"i"C' pia: (:';\:) tf :-1iO\,-' U /'-',1 'P" ~''1' r, ur 2r.'l': 'now ('CW'-, U\S 8', "'W',J:;;"l':rlll,e',SU;'! . ~,," t"":-;','iiJS oWI'i,"" ,,"')1)8"\ c'.:r:s:!;llll~ riC",,'t, S Il ~dle<J 'J'1 ti1~ <;umw'," S:(ii' 0 arlllbrn "la',1 _ 3~' dllP"Qi;rfi'Jle:~ TI1r'6' 'lllv'tH' '" ,,,,,It) 6'':0'', Qi 1"D;'fl'v ,;::":lr(1'1 ""..'ns1nJ "lWU', F' "'(1'.',j'; '(,'",l' ~': r:;U",1 -' ,-red,', Meeting Date; -/I:-'U:;"'(Ji" ire Prepured By ';"\' "I'I1L,,;;.;J'\-m,,(" [,,,,,, - ',n,(\'",,';" ~>,."',hw,,c 't ,':rnT'" ,N'" '~",.,"i ',,,,,,,,, L,M)d-j"'-j' IGO'..""""j f:,c"..,,:,,,__ :'roO'" Appnn'cd By 0::-:>011 Allprnl'l'd lSy App~(jwd B~' ..w,:r",,,'"'' "''',C l r~n ,por.:~ti,-", y,'\__""" '''''"s;:,''':''v ,',<.I"',,', Approved By ", "-,,'1" MurrJV, ;" ~~I' l."".n,;t, ,-,,,,,j [j(",'elvf H",m' ''''L'ctc, r.)~l< ,;ornmuni1'.' [)""""''-'"''',.r& E'nv,ronn",n:ai ~~"rVIC0': ;:::"",n:;>;. Gnc! [mv",I(}~;r,.,,,,,\ kPil<\"W 1111.-1,21)1)" If'1,'tH/ A[lp~oved By .Iud" ",1);9 OtJernhu\,; Anabst [Jan, Community Dcvelopnl{jrlt I;. Cortlmunity Development & [;nvironmcmal Services b\'.lironmcntal Servic.!!; Admin 1\!,41;!0071145IlJJ Approved By f'i',orlenoo ~',lvw~,rt Exe~t!liv(, Sccret~ry [I,ll!' Community Devolopment.. CommUflity Df)v~'lopment 8, EnVlwnmcnlal Serviccs Enviwnmcnt,il Service", Admin 11't4/200i 12 m; ;0 ~,; Approved By .I[1~'"ph K. SChrnit' Community Devei"pml1nt &. E:wironmen1al Service" AdminstraIOI f);nf' Community Ueveloprner\t-S Environmental Service~ (:\"mn,ur,it," Dev()IQP'lI~'nt C;._ b1Vironmentll! Ser~ices;:"jmir1 ilI14::;:Ot)77'4El"M Appl'oved B}' OMS Coordinator AlJpiic.atlOn& ""alyst Date Admi"isuJtiveServicos Inionnallopl"chnoiog:, 11i15120073A2Pt1 Approved By Marktsackson 5udgejl-m~I:,'st tl<>te County M~naget'~ Office Offie" of Management f. !:Iud",e! 11/16/20079:.27,e.M Appr-ovedBy JarfWS V """,dd '::;Guntyrif..1nagor DJte Board ofCou"ty Commi~sio'H1rs COUf1t\' W;an~f''''''~ Off'e" 11!1612007&'OfJPNi file://C:\AgendaTest\Export\93- November%2027 .%202007\08,%20ADVERTISED%20P._, ] \12012007 Agenda item !,-jo. SA November 27. 200? Page 8 of 190 Co~~r County . STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DlVIS]ON HEARING DATE: OCTOBER I R, 2007 SUBJECT: PUDZ-2006-AR-I0648: '\IAPLES MOTORCOACH RESORT COMMERCIAL PLANNED UNIT DEVELOPME1\'T (CrUD) PROPERTY APPLICANT/AGENT: APPLICANT: AGEJ\'TS: Naples Molorcoach Resort. Inc. 2400 Crestmoor Road, Suite 200 Nashville. TN 37215 Robcli L. Duane. AICr HoleMonles. Inc. 950 Encore Way Naples, FL 341]0 Richard D. Yovanovich. Esquire Goodlette. Coleman & Johnson 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject site from the Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), and Heavy Commercial Zoning Districts (C-5) to the Commercial Planned Unit Development District (CPUD) zoning district for the Naples Motorcoach Resort. GEOGRAPHIC LOCATION: The subject property is located on the southwest side of Tamiami Trail, East (US 4]), approximately three quarters of a mile east of Collier Boulevard (CR (51), in Section 3, Township 5] South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The proposed 23.2ct-acre CPUD, if approved, will allow development of a maximum of 200 motorcoach lots and amenities such as a clubhouse, swimming pools, tennis courts, a two-story, 35-foot high (actual height) boat storage facility to house a maximum of 36 boats, a maximum of 27 boat slips along Henderson Creek, and open parking spaces for a maximum of 10 boat trailers. The petitioner is seeking six deviations as part of this PUD rezoning petition. Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 1 0114 A.aenda Item No. SA N~oYember 27. 2007 Page 9 of '90 The aerial photo provided below is the most current information available from the Collier County Property Appraiser. Since that photo was taken the site has been cleared, but the photo shows the Greystone Mobile Home Park and convenience store that no longer exist. SURROUNDING LAND USE AND ZONING: South: West: US 41 (Tamiami Trail), then undeveloped tracts within the Winding Cypress DRI/PUD project, with a PUD zoning designation San Marcos Mission Catholic Church, with a zoning designation of Agricultural (A), with a conditional use for a church Henderson Creek Mobile Home Park, with a Mobile Home (MH) zoning designation Henderson Creek, then Holiday Manor Mobile Home Cooperative, with a MH zoning designation, and developing commercial uses within the i\rtesa Pointe PUD. with a zoning designation of PUD Northwest: East: Aerial Photo (subject site depiction is approximate) NOTE: The site has been cleared since this photo was taken. Naples Motorcoach Resort CPUD, PUDZ-2006-AR-l0648 October 18, 2007 CCPC Page 2 of 14 .L\oencja item [\)0 SA r\j~ovelllber 27, 2"i]rq Page 10 of 190 r WIll/DING CYPRESS DRJ PUO WINDING CYPRESS ORI RSF~3 ~ GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY; Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict. and is within the Coastal High Hazard Area, all as identified on the Future Land Use Map (FLUM) of the GMP. This designation allows the proposed Travel Trailer/Recreational Vehicle (TTRV) use. A motorcoach is a type ofTTRV use and it is considered a commercial use. The "density" of the TTRV use is not considered a residential use pursuant to the GMP, thus it is not subject to the "density" of the Density Rating System of the GMP. The LDC contains provisions for the TTRV measure of intensity of use based upon the number of units per acre, referring to that measure as "density." The GMP allows motorcoach units in the Subdistrict within the Coastal High Hazard Area subject to the following criteria, each followed by staff comment in italics: a) the density is consistent with that pem1itted in the Land Development Code; b) the site has direct principal access to a road classified as an arterial in the Transportation Element; and c) the use will be compatible with surrounding land uses. The proposed motorcoach use is limited in LDC Table 2.0S.0IA. to a maximum of 12 TTRV units per acre. This project proposes a TTRV maximum density of 8.62 units per acre, which is in compliance with the LDC requirements and thus the project is consistent with a) above. The project is shown with direct access to US 41, an arterial roadway. therefore the petition is consistent with b) above. Staff does not believe. however, that the project, as it is currently designed, is compatible with item c) above. FLUE Policy 5.4 requires that all new development be compatible with and complementary to the surrounding land uses. The Land Development Code (LDC) Section 4.07.02.B and generally accepted planning principles recognize the concept that when a project proposes elements of development that could have a negative impact on the neighborhood, then those elements should be intemalized rather than extemalized. The theory is that those persons who most benefit from the Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 3 of 14 lJ..aenda Item No. 3.L\ N~ovember 27.2007 Page '1 of 190 causative factor should bear the burden of the impacts. For example, if a project proposes structures or densities in excess of what exists on the surrounding parcels, then those structures and densities should be located nearer the center of the project rather than on the perimeter of the project. Specifically, staff is concerned about the proposed location of the boat storage facilities along Henderson Drive. The boat storage facility is proposed to be a two-story, 35 foot high (actual height) structure. The developer has sited that structure along the project's perimeter. This facility is one of the tallest structures proposed within this project and one of the larger facilities within the project (see Master Plan). In reviewing the appropriateness of requested uses, development standards such as building heights, setbacks, landscape buffers, and potential building mass, building location and orientation, and the amount and type of open space and location of that open space are considerations of compatibility. The building's orientation and massing does not show any particular sensitivity to the proposed perimetcr location. Rather than smaller buildings in an cnd-to-end contiguration that would most likely be used for the motorcoach lots along Henderson Drive to prcsent a morc similar facade to the traveling public's view, i.e.. those persons traveling along Henderson Drive, the boat storage facility's orientation prcsents the most inlensc oricntation and massing to thc public. Additionally, looking at the acrial photo, it can readily been seen that the church located across Henderson Drive scts back from the road right-ot:way approximately] 00 feet. The proposed boat storage facility is proposed to setback only ] 5 feet from the Henderson Dlive right-ot:way. Staff believcs this proximity is inappropriate. Additional setback could ameliorate the boal storagc facility's impact, but a better alternative would be to totally relocate the facility more interior to thc project. It seems more logical to place a boat storage facility closer to thc crcek where the boats will be uscd. It seems that the applicant may be wishing to retain the aesthetically plcasing view of the water for the project's lot owncrs at the expcnse of the traveling public who gct no benefit from the facility. The petitioner is placing the most obnoxious clement of thc project where it will have the least impact upon those persons who will have the most benefit from the facility. This is contrary to good planning practice regarding externalizing/internalizing impacts, as noted above. Staff review also notes that boats in the dry storage will be removed by forklift. Because the dry storage is located on the opposite side of the project site and is not located adjacent to, or even near, the boat ramp, the forklift will be required to transport each boat on the internal roadway system. This poses an unnecessary increased safety risk, particularly in light of the requested deviations in sidewalk and roadway widths. In an attempt to mollify staffs concerns, the applicant proposes to provide a buffer for the boat storage facility within the 15- foot-wide setback area that will be comprised of an eight-foot-high wall along with a five- foot high hedge and 16- 18 foot high trees, planted 25 foot on center (see PUD Exhibits C-l and F.3). The LDC would require a I5-foot-wide type D buffer, based upon Transportation Planning Department's evaluation that Henderson Drive has a 100 foot right-of-way and the requirements set forth in LDC Section 4.06.02.CA. Interestingly, Exhibit C- I does not depict the trees at time of planting, but rather depicts what is characterized in the "Buffer Type 'B' table as the "Growth Habit" thus portraying a potential future rendition of what the buffer mav look like, if certain trees are planted. To explain, in the PUD written document, the developer is proposing to provide a buffer that contains an unspecified number of rows Naples Motorcoach Resort CPUD. PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 4 of 14 Aqenda item No 8/\ iI:wember- 27. 2007 Page 12 of :90 of trees. The developer does not provide the specified species of trees that will be planted. The developer only states that the trees will be 16- 18 feet tall when planted and a 5-foot high single row hedge will be provided along with the eight-foot high wall. Exhibit e-l however depicts three rows of trees, consisting of 55-foot tall Royal Palms. 35-loot high cabbage palms and 35-foot high Laurel Oaks trees. Those heights are shown as typical. hut the scaled height on the plans shows trees heights of 60+ and 40+ feet. (The Royal Palm and Laurel Oak trees are the only two species listed on e - I that will reach the height shown, thus those must be the species that are depicted in the drawing). The drawing also shows shrubs that arc taller than the eight foot high wall. NUMBER OF TREES HEIGHT OF BUFFER (ROWS)! TREES NUMBER OF SHRUBS TYPES (ON CENTER rOC] (IN FEET) SHRUBS REQUIREMENT) Type D One row/ 10 Double staggered 24" at planting; @ 30 feet oc hedgerow maintained at 36" Developer's One row/ Unspecified so 5 feet high at written 16-18 @ 25 feet oc I single row implied planting proposal I 3 rows/ @ 25 feet oc Stated 35 and 55 Developer's R #1 Royal Palm typical In excess of 8 feet artistic R #2 Clusters of 3 Double row depiction Sabal Palms Shown at 40+ & in height R #3Canopy trees 60+ Based upon conversations with Zoning Department Landscape Review staff, it seems unlikely that the buffer proposed by the developer would reach the depicted heights within at least 10 years. Staff believes Exhibit e-I does not provide a true depiction of the proposed buffer, and furthermore staff is not convinced that the proposed buffer as it will be planted will adequately address the compatibility issue. Staff suggests that there are other alternatives to address the issue, such as locating the boat storage facility interior to the project and adjusting the massing and building orientation. Staff recommends that the Master Plan be revised to relocate the boat storage facility away from the project perimeter. This issue is addressed again in the Deviation #5 discussion provided later in this report. Incidentally, staff advised the petitioner about compatibility concerns in the first review letter dated November 25, 2006, noting, "Please explain why you have located the boat storage so far from the waterway the boats will use. The location of the storage area along the exterior of the project raises compatibility issues. It seems that this use should be internalized rather than externalized." The petitioner's agent disagrees with staffs contention and has opted to go to hearings to allow the cepe and Bee to make the detennination regarding this issue. In support of FLUE Policy 7.1, project access is provided to U.S. 41, an arterial roadway. In support of FLUE Policy 7.2, the internal roadway system consists of three connected loop roads. Other smart growth policies under FLUE Objective 7, pertaining to project interconnections and walkable Naples Motorcaach Resort CPUD, PUDZ-2006-AR-10648 October 18. 2007 CCPC Page 5 of 14 Agenda Item No. SA November 27, 2007 Page 13 of 190 communities with a variety of densities, uses and unit types, are not applicable based upon the proposed land use, proposed private narrow roads, and the development status of surrounding lands (bordered by a creek, two roads, and a developed mobile home park). Transportation Element: Transportation Division Phuming staff has reviewed the CPUD Traffic Impact Statement (TIS) included in the application back-up material and the CPUD documents to ensure the CPUD documents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policy 5.1. Those policies require the review of all rezone requests with consideration of its 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 andlor projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating stipulations are approved. The project review was based on the current TIS guidelines and with respect to GMP Transportation Element Policy 5. I. The project traffic was distributed on the adjacent roadway network and analyzed through project build out with consideration given to the five-year planning period. The Naples Motorcoach Res0I1 PUDZ can be considered consistent with Policies 5.1 and 5.2 of the Transp0l1ation Element of" the Growth Management Plan [GMP]. The adjacent roadway network is currently over capacity when considering background traffic plus banked tramc. and cannot accommodate additional trips. However this project proposes a net reduction of 65 PM Peak Hour, Peak Direction trips. The project is therefore consistent throughout the five-year planning period. USAI has a negative remaining capacity of approximately 288 tTips. and is currently at LOS "F". Conservation and Coastal Management Element: Pursuant to Policy 6.1.8 and the Land Development Code, an Environmental Impact Statement was not required. However, in accordance with Policy 7.2.1 the project was required to be evaluated for consistency with the Manatee Protection Plan. Environmental staff have reviewed that information provided by the applicant and have found the project consistent with the stated objectives of the Collier County Manatee Protection Plan (to reduce boat-related manatee mortalities, achieve an optimal sustainable manatee population, and to protect manatee habitat) by reducing the number of boats which could use the facility and by restricting any expansion of the boat facility in the future. There is no existing native vegetation that needs to be retained on site to be deemed consistent with Policy 6.1.1. No jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. 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 inconsistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transp011ation Element as previously discussed. Based upon the above analysis, staff concludes the proposed uses cannot be deemed consistent with the goals, Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 6 of 14 Aaenda Item No, 8A N-ovember 27, 2007 Page i4 of 190 objective and policies of the overall GMP unless staffs recommendation regarding the relocation ofthe boat storage facility is adopted. ANALYSIS: StafT 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 Sections] 0.02.13 and ] 0.02. I 3.B.5 of the LDC and required staff evaluation and comment. The stafT evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC). who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (See Exhibits A and B l. jo'I1Virol1mclllal Revi",\': Environmental Services staff has rcviewed the petition and the PUD document to address any environmcntal coneems. This petition was not required to submit an Environment Impact Statement lEIS) nor was a hearing before thc Environmental Advisory Commission required because the site was previously developed. The site is not located within an ST overlav which wouid also have required the submittal of an EIS. ]i-al1S/)Orlalioll Review: Transportation Division stall' has reviewed the petition and the PUD document and Master Plan lor right-oj~way and access issues. The applicant has incol1)()rated Transportation Division staffs revisions within thc PU D document, and Transportation Division Plmming staff recommends approval subject to the Transportation commitments contained in the PUD document. This includes a provision that thc dcvelopmcnt provide paymcnt in lieu of the installation of sidewalks. Utilitv Review: This project is located within the Collier County Water/Scwer District. Any portions of this project to be developed shall be required to comply with the current Ordinance 2004-3] - Collier County Utilities Standards and Procedures. According to county GI S records, there is an existing 16- inch force main and 16-inch water main on Tamiami Trail. Utilities staff requested the petitioner provide a 40 foot by 50 foot wellfield site and provide access to a public street. The petitioner has complied with the wellfield request. EmenzencJ! Manai!emenl: Emergency Management staff provided the following comment at the beginning of the reviewal' this project: "The Naples Motorcoach Resort PUDZ is located in a CAT 1 hurricane surge zone, which requires evacuation during many hurricane events. Adding to the residential units in this area further taxes an already tight evacuation and sheltering situation within Collier County. The Collier County LDC may require mitigation for this project as it applies to mobile home communities." In response to that comment the petitioner has included commitments in the PUD document to ensure that there will be no permanent residents within this project and furthermore, no unoccupied motorcoach units will remain on site during hurricane season. Parks and Recreation: The Public Services Division provided the following comment: "Parks and Recreation staff recommends that the applicant consider replacing one of the three pools proposed on the master plan with a CPSC and ASTM certified commercial grade playground designed for 2-12 year old children. The developer should provide documentation in the PUD file of the proposed recreation elements and, if providing a playground, should state that the playground meets the above requirements." The applicant responded that the developer anticipated few children would be associated with this project and therefore opted not to incorporate any playground facilities. Naples Motorcoach Resort CPUD, PUDZ-2006-AR-1 0648 October 18, 2007 CCPC Page 7 of 14 Agenda Item No. 8A November 27, 2007 Page 15 of 190 Zoning Review: The development standards contained in Exhibit B of the PUD documents reflect a design approach that will provide a project with setbacks that are different from the conventional TTRVC zoning district. The minimum TTRVC side setbacks are ]0 feet for waterfront and 5 feet for non-waterfront lots. This petition proposes a nine- and zero-foot setback for all motorcoach lots which is a typical zero lot line configuration. Rear setbacks in the TTRVC are] 0 feet for waterfront and 8 feet for non-waterfront; the PUD proposes a ] 0 foot setback for all motorcoach slabs. The proposed street setbacks proposed for this project are significantly less than what is set forth in LDC for TTRVC zoning district. The TTRVC rcqnires a 50 foot setback from any public street, such as US 41 and Henderson Drive as shown below: External Street Setback External Street Setback (from (from US 41) Henderson Drive) TTRVC (Per frontage footnote in 50 feet 50 feet LDC 8402.01) -------------- -----_._-_.~. - i 20 ft for pool deck and tennis 15 ft for Maintenance & Boat storage courts bldgs, Personal Utility and other I accessory bldgs and pool deck I Proposed CPUD (Shown) 20 ft for tennis courts and motorcoach 25 feet ft all other uses slabs 25 feet ft office, clubhouse and bathhouse The diminished Henderson Drive setback (from what the conventional TTRVC district would require) exacerbates the massing and orientation of the disputed proposed boat storage facility location. 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, the site is adjacent to Henderson Creek and then mobile home uses within the Holiday Manor Mobile Home Cooperative to the west (MH zoning); to the northwest is Tamiami Trail (US 4]), then undeveloped tracts within the Winding Cypress DRI/PUD project; to the east is Henderson Drive, then San Marcos Mission Catholic Church. To the south is the Henderson Creek Mobile Home Park (MH zoning). The Mobile Home zoning district, pursuant to LDC Section 2.02.02 is a residential zoning district. The proposed project requests commercial zoning and commercial uses, thus the petitioner/developer must address potential compatibility issues arising from the different use types. The developer proposes Type D buffers that will include a wall around the northwest (20 feet wide), eastern boundaries (15 feet wide). A type D buffer consists of a double, staggered hedgerow, with #3 shrubs, 24 inches high at planting that are maintained at 36 inches along with trees planted 30 feet on center. A 15 foot wide type B buffer is proposed to the south and to the west along Henderson Creek. Deviation Discussion: The petitioner is seeking six deviations from the requirements of the LDC. The deviations are found in PUD Exhibit F. Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 8 of 14 Aqenda item No aA N""oV91l1ber 27. 2007 Page 16 Df 190 Deviation # I seeks relief from LDC Section 4.06.06 of the LDC for the western side of the project along the creek, to require a fifteen foot buffer south of the boat ramp and adjacent to the canal and to maintain a 10 foot Type "A" buffer north of the boat ramp. The reduction of the buffer from 15 feet to lO feet is the subject of this deviation. Petitioner's Rationale: The applicant states in his justification for this deviation that the land north of the boat ramp across Henderson Creek is a preserve area; therefore a reduced setback will not impact any persons. StafJAna{.vsis and Recommendation: This deviation provides an alternative to the required buffer in an area that will not impact any persons other than lot owners who may opt to purchase a lot within this project. Those lot owners would be doser to Hcnderson Creek if the deviation is approved. A location doser to a water feature is usually viewed as a benefit rather than a detriment, so approval of this deviation should not result in any internal incompatibilities. This design takes into consideration the site's location along the creek, and it appears to meet the intent of the LDC requirements. Zoning and Land Development Review staff recommends APPROVAL. finding that, in compliance with LDC Section JO.02.I3.A.3. the petitioner has demonstrated that "the element mav be waived without a detrimental effect on the health. safetv and welfare of the communitv" and LDC Section] O'()2.13.B.5.h. the petitioner has demonstrated that the deviation is "iustiiied as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #2 seeks relief ii'om LDC Section 4.05,(i4 to allow parking I"l' accessory uses to be computed at 50 percent of the requirement. Petitioner's Rationale: The applicant states that the accessory uses, such as the pools, tennis COUlis and clubhouse will be locatcd within a short walking distance of all motorcoach lots, thus lot owners and their guest wil! walk or use golf carts or bicycles as their primary means of transportation throughout the project rather than cars. Staff Analysis and Recommendation: The petitioner wishes to utilize the allowance made for single- and multi-family dcvelopments in LDC Section 4.05.04 as quoted below: Where small-sca/e recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities. _ . . . However, any recreation facility shall have a minimum of 2 spaces exclusive of parking spaces. Staff has no objection to this deviation as long as the project design provides parking for the alternative means of transportation proposed by the petitioner, e.g., golf carts and bicycles that wil! not interfere with open space, buffering or traffic movement. Staff, therefore has included stipulations to address this issue in the recommendation. The Master Plan has been designed to provide the two minimum parking spaces referenced in the citation above. Zoning and Land Development Review staff has reviewed this deviation and recommends APPROVAL with the stipulation that PUD Exhibit F (Developer Commitments) be revised to include commitments by the developer to prohibit golf cali parking in any place other than a designated parking space, and further the developer must provide designated bicycle parking areas at each recreational amenitv. As stipulated, staff recommends that a finding be made in compliance with Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18. 2007 CCPC Page 9 of 14 Agenda Item No. 8.1', November 27. 2007 Page 17 of 190 LDC Section 1O.02.13.A.3, that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public pumoses to a degree at least equivalent to literal application of such regulations." Deviation #3 seeks relief trom LDC Section 6.06.0 I that requires local roadways to provide a minimum 60 foot tight-of-way width, to allow a 24-foot right of way width for all project roadways except project's Tamiami Trail entrance way. Petitioner's Rationale: The justification for this deviation is that the proposed road tight-of:way will be wide enough to accommodate the travel lanes, median (if applicable), drainage swales and utilities, and shall otherwise conform to the Construction Standards Manual. Staff Ana(vsis and Recommendation: Transportation Planning staff has not voiced opposition to this deviation, therefore zoning staff does not object, however it needs to be clear that the roadways will be private and the responsibility for maintenance will be borne by the developer. A commitment to this effect needs to be added to Exhibit F. Zoning and Land Development Review staff therefore recommends APPROVAL with the stipulation that PUD Exhibit F be revised as noted above. As stipulated, staff recommends that a findinl: be made in compliance with LDC Section IO.02.13.A.3. that the petitioner has demonstrated that "the element mav be waived without a dettimental effect on the health, safety and welfare of the community" and LDC Section I Cl.02.13.B.5.h, the petitioncr has demonstrated that the deviation is "iustified as meeting public pumoses to a degree atlcast equivalent to literal application of such regulations." Deviation #4 sceks relief from LDC Section 4.05.02.F. that requires off:street parking arcas to be arranged so that no motor vehicle shall have to back onto any street. Petitioner's Rationale: The justification for this deviation is to allow for limited parking for recreational areas depicted on the CPUD Master Plan to back into the private tights-of-way. The justification for this deviation is that the configuration of these areas is limited in their size and configuration and as a result the required parking can be more easily acconmlodated with this deviation. Furthermore, traffic volumes are low due to the nature of the proposed use because most patrons will walk rather than dtive. Additionally speed limits will be posted at ten miles per hour. These factors offset safety considerations and allow these limited parking areas to better serve the needs of the resort. Staff Analysis and Recommendation: As noted in deviation #3, all project rights-of:way will be private and maintained by the developer or an entity created by the developer such as a property owners' association. As explained by the petitioner's agent, "traffic" will consist more of bicycles and golf carts rather than conventional vehicles. Also, the petitioner states (above) that the maximum speed limit will be posted at ten miles per hour. As such the county's concerns are lessened. However, PUD Exhibit F needs to be revised to include the petitioner's commitment to limit and post the maximum speed at ten miles per hour. With that stipulation, Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safetv and welfare of the community" and LDC Section 10.02.13.8.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public pumoses to a degree at least equivalent to literal application of such regulations." Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 10 of 14 Aqenda 11em f\jo. 8A. !\!ovember 27. 2007 Page 18 of 190 Deviation #5 seeks relief from LDC Section 4.06.02.C.4 that requires a 10 foot Type "D" buffer to separate the road rights-of-way from the recreational areas. Petitioner's Rationale: The petitioner's justification states the size and configuration of the recreational area is small so requiring a I O-Ioot wide "buffer in these limited recreational areas adjacent to the private road right-of-way would hinder the placement of needed parking for these areas." Staff Analysis and Recommendation: It appears to staff that this deviation is being sought because the petitioner wishes to maximize the development potential of the site. Omitting a buffer allows more square footage of development on site. Unlike a variance, no land-related hardship needs to he provided, however stalf is not convinced that it is appropriate to eliminate a required buffer where there arc no considerations other than to provide the developer the ability to allow more square footage of development. The developer could opt to reduce the size of the amenities or reduce the number of motorcoaeh units. Deviations #2, #3. and #4 are all deviations designed to allow maximum development of the site, however Deviation #1 docs have some amcliorating factor hecause the preserve area is located across the creek, and deviations f,2 and #3 are acceptable if the stipulations proposed by stalf are incorporated into any approval. However. Deviation #5 does not seem to have any puhlic benefit other than to allow over-development of the silc. Stafr is not convinced that this deviation is "justilied as meeting public purposes to a degree al least equivalent to literal application of such regulations" (LDC Section 1(J.()2.13.B.5.h). It is starrs opinion thaI this deviation seems divergent li'om the Coflier County path to require hulTering to (LDC Section 4.06.0 I ./\.): 1. Landscape Code. The purpose and intent of the landscape code is to: a. Promote the health. safetv. and welfare of residents of Collier Countv by establishing minimum uniform standards for the inslallation and mainlenance of landscaping [underlining added by staff for emphasis}; b. Improve the aeslhetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment; c. Promote preservation and planting of native plants and plant communities; d. Provide physical and psychological benefits to persons through landscaping by reducing noise and glare; e. Screen and buffer the harsher visual aspects of urban development; [and} g. Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation. The current bulfering requirements of the LDC have been adopted to promote the welfare of the communitv as noted in the citation above. In staffs opinion, approval of this deviation is not in the best interest of the welfare of the citizen of Collier Countv. Therefore, Zoning and Land Development Review staff recommends DENIAL. finding that. in compliance with LDC Section W.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the communitv" and LDC Section I 0.02.13.8.5.h, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #6 seeks relief from LDC Section 4.05.04, Table 17, from the boat ramp parking requirements that require a minimum of 10 spaces per boat ramp, to eliminate all boat ramp parking spaces. Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 11 of 14 Agenda item No. 8A November 27. 2007 Page 19 of 190 Petitioner's Rationale: The justification for this deviation is that no public access will be allowed to the boat ramp and trailers will only be permitted to be stored in the boat storage building. Boats will only be placed in the water using the forklift. Staff Analysis and Recommendation: Staff has no objection to the concept to require all boats to be stored in the boat storage facility and requiring all boats to be placed in the water via the facility- provided fork lift. However, as noted previously in the staff report, Parks and Recreation staff has concerns about the dry storage, as quoted from their comments, "the dry storage facility is a considerable distance from the boat ramp [and] the forklift will necessarily be operating on the common road. This poses a severe safety risk, particularly in light of the requcsted deviations in sidewalk and roadway widths." Zoning staff can only support this deviation if the boat storage facility is rclocated closer to the boat ramp. The developer most likely wishes to retain the creek ambiance so motorcoach lots will be available for purchase lots along the creek; however the boat storage facility (along with the adjacent recreation area if necessary) and the tennis courts could be exchanged as those uses are shown on the master plan. That would reserve the waterfront for motorcoach units while still relocating the boat storage facility closer to the boat ramp. Zoning and Land Development Review staff therefore recommends APPROVAL with the stipulation that PUD Exhibit F be revised as noted above. As stipulated. staff recommends that a finding be made in conmliance with LDC Section I 0.02.13.A.3. that the petitioner [las demonstrated that "the element mav bc waived without a detrimental effect on the health, safetv and welfare of the cOI1Ul1Unitv" and LDC Section 10.02.13.8.5.h. the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Linda Bedtelyon, Community Planning Coordinator; The agent/applicant duly noticed and held the required NIM at Manatee Middle School on March 7, 2007, 7:00 p.m. Approximately 50 neighboring property owners attended, along with the petitioner, his consultants and county staff. The applicant's team provided copies of severa! exhibits, including a Master Plan (Exhibit C), a Wall & Landscape detail for boat storage building, (Exhibit C-l), a list of Requested Deviations from the LDC (Exhibit E) and Development Commitments Specific to the Project (Exhibit F). The applicant and his agents presented an overview of the proposal and addressed the following as summarized below: . Q. Wall/buffering between site and adjacent residential property? A. "Constructing wall around perimeter of site" . Q. Lighting? A. "A light on every site is planned; no overhead street lighting" . Q. Boat storage? A. "The southeast corner of the site will be used for boat storage; a 25 foot high building will be constructed for dry boat storage, confined by an 8 foot wall; +/- 15 new boat docks to be allowed;" boat trailer parking, for a maximum of 10 boats, will be provided for in the boat storage area. . Q. Access/traffic impacts: "One access from US-41; limited access maintenance "road" on Henderson Drive; access to be shifted to the east-Dn US-4] away from bridge and road improvements" to be made by state or applicant based on County review. . Q. Changes to and demolition of current structures on site: "current convenience store on property to close on March 3 l, 2007; will put up temporary fence on west side of property dwing demolition." Mr. Henderson went on to say he will compensate for demolition damage to neighboring propeliy owners. "If you have been danlaged, you will be remedied." Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 12 of 14 .l>,genda Item No. SA November 27. 2007 Page :20 of ~,90 · Q. Type of product: "Class A, 35 feet and longer motor coaches; rent or buy sites; 184 sites are being planned at the present time but the CPUD will allow up to 200 units with a clubhouse and amenities; no septic system in park. will be city sewer" . The site will be under construction later this year. Mr. Randall Henderson stated, "We want to reshict this property to motor-coach, six months occupancy only according to the CPUD Ordinance; no other types will be permitted... there will be deed restrictions". RECOMMENDA TJON: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-2006-AR-I0648 to the Board of County Commissioners (BCe) with a rccommendation of denial because it is inconsistcnt with the GMP. The staff recommendation for denial is largcly predicated on the determination that the location of the boat storage facility is incompatible with the location proposed by the applicant. However. conditions could be incorporated into the PliD Ordinancc that would adequately addrcss staff's compatibility concems and thus resolvc the GMP inconsislcncy. These conditions are as f()llows: The petitioner must revise PliO Exhibit F. Development Commitments. to rcflcctthe following: 1. Golf cart parking in any place other than a designated parking space is prohibited; and 2. The developer shall provide designated bicycle parking areas at each recreational amenity; and 3. Roadways will bc private and the responsibility for maintenance will be bome by the developer; and 4. The developer shall limit and post the maximum speed at ten miles per hour; and 5. The development shall relocate the boat storage facility somewhere northwest of the lake shown on the Master Plan. Said relocation shall be subject to staff review and approval as pmi of the development order/platting process; and 6. Further expansion of boat facility shall be prohibited; and 7. Deviation # 5 is denied. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE Naples Motorcoach Resort CPUD. PUDZ-2006-AR-10648 October 18. 2007 CCPC Page 13 of 14 Agenda Item No. SA November 27.2007 Page 21 of 190 REVIEWED BY: JEFFREY A. KLATZKOW ASSISTANT COUNTY ATTORNEY DATE RA YMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES. AICP. DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY; JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 27,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Exhibits; A. Rezone Findings B. PUD Findings Napies Motorcoach Resort CPUD, PUDZ-2006-AR-l0648 October 18, 2007 cepe Page 14 of 14 Aoenda hem No SA N~ovember 27. 2'007 Page 22 of '190 Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10648 Chapter 1O.03.05.G of the Collier County Land Development Code (LDC) requires that the repOli and recommendations of the Planning Commission to the Board of County Commissioners 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, and policies of the Futnre Land Use Element (FLUE) and Future Land Use Map (FLUM) and the elements of the Growth Management Plan (GMP). Pro: County stalf has reviewed this petition and has offered an in-depth analysis (see staff report) ofthc relevant goals, objectives and policies of the FLUE, the Conservation and Coastal Management Element, and the Transportation Element of the (IMP offering a recommendation that this petition be [()und inconsistent with the overall GMP unless staWs recommendation regarding the boat storage Cacilit)', is incoqx)]"(ltcd into the approval. Con: The proposed location of the hoat storage facility is inconsistent with FLUE Policy 5.4. Findin~s: Based upon staffs rcvicw. the proposed development is not in compliance with the FLUE of the GMP le)r Collier County and all other relevant goals, objectives and policies ofthe GMP unless staffs recommcndations regarding the boat storage facility are incorporated into the approval. 2. The existing land use pattern. Pro: The explanation of the request in the staffrepOli and the location and zoning map that is attached to the staff report show the proposed development does not leave any remnant parcels. The proposed rezoning can be accommodated with the existing land use patterns; however there are no guarantees that the site will acconm10date the maximum development proposed. Con: The church located along the opposite side of Henderson Drive, another non-residential use, is set back almost 7 times the distance proposed for uses along Henderson Drive in this petition. Findings: Land use patterns are influenced by several key factors such as land ownership, water feature locations, such as the Henderson Creek, and roadway locations such as US 41 and Henderson Drive. Also affecting land use patterns are the developer's own site plan proposal. As noted above, the existing land use pattern along this section of Henderson Drive seems to indicate that an increased setback would be more in keeping with the existing land use pattern. As noted in the staff report, the "conventional" TTRVC zoning district requires a 50-foot setback from an external street; this project only proposes a IS-foot stlUctural setback from Henderson Drive. The petitioner proposes to follow established property boundaries of a previously developed site. Page 1 of 6 Agenda Item No. SA November 27. 2007 Page 23 of 190 3. The possible creation of an isolated district nnrelated to adjacent and nearby districts. Pro: This rezone proposes uses somewhat similar to other uses in the area in that the surrounding developments consist of mobile homes rather than "stick-built" homes. Both the mobile homes and the motorcoach units are mobile in nature, but the comparison is slight. Mobile homes are considered residential dwelling units; motorcoach units are commercial "units." Con: The nearby mobile home units are residential units of more long term duration while the proposed motor coach units are clearly transient units of a commercial nature. Findings: This petition does not create an isolated district because a p01iion of the subject parcel is cUlTently zoned TTRYC, which would allow development similar to what is proposed. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on thc property proposed for change. Pro: The existing and proposed district boundaries tallow existing property ownership, water, and roadway boundaries which appear logical. Con: Evaluation not applicable. Findinl!s: The district boundaries are logically drawn as discussed above. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed in compliance with the existing zoning districts' uses and development standards. It is the petitioner's choice to seek the proposed action. Findings: The proposed zoning change would allow what appears to be an appropriate redevelopment of the site, however there is no evidence to support that changed or changing conditions make the approval of this petition necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The proposed CPUD rezone will not adversely affect living conditions in the area because staff believes the uses proposed will be compatible with the existing land use in the surrounding area if staff s recommendation regarding the boat storage facility is incorporated into the approvaL EXHIBIT A Rezone Findings PUDZ-2006-AR-l0648 Page 2 of 6 Agenda item No. SA November 27.2007 Page 24 of 190 Con: As discussed extensively in the staff repOli, staff believes the project design citing the boat storage facility along the project perimeter is externalizing one of the tallest, most massive structures rather than internalizing this more intense element of the project. The proposed structure is proposed to be located within a minimal setback distance from the public's roadway thus the structure is oriented to have the most impact upon the traveling public rather than the least impact. Findin~s: The development proposes adequate landscaping, setbacks and buffering for the motor home lot layout component of this development but not for the boat storage facility. The County's land use policies that are reflected by the Future Land Use Element of the GMP support placing this development at this location only if staff's recommendation regarding the boat storage facility is incorporated into the approval. 7. Whether the proposed change will create or cxcessively 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. Pro: Development of the subject propcJiy is consistent with provisions of the Transportation Element of the GMP because thc proposed motorcoach units will not bring additional vehicular trips to this area since thc TranspOJiation counts the trips fromthc previous mohile home, travel trailer and convenience store uses as "background trips, thercfore this project's development will result in a net reduction of 65 PM Peak Hour. Peak Direction trips when compared to the preVIOUS uses. Con: The nearby mobile home uses are deemed to be residential in nature while the proposed motorcoach resort is a commercial use. The neighbors could perceive this to be an incompatible use. findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. Additionally, certain transportation improvements are included in the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development will be designed in compliance with the requirements of the LDC. Con: Urban intensification (undeveloped [applicable now because the mobile home use has been disbanded] vs. developed) could potentially increase area-wide flooding in a severe rainfall event. Findings: Evel)' project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0648 Page 3 016 Agenda Item I~o. SA November 27, 2007 Page 25 of 190 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: The proposed development standards will ensure that adequate light and air is allowed to adjacent properties. Con: None. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property valnes in the adjacent area. Pro/Con: Evaluation not applieable. Findings: This is a subjective detennination based upon anticipated results which may bc intcrnal or extel11al to tbe subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is drivcn by market value. The mere fact that a property is givcn a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable. Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent propeliy. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Findings: The proposed development complies with the GMP, a public policy statement supporting zoning actions when they are consistent with said GMP, with the conditions recommended by staff. 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. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0648 Page 4 of 6 ,A,genda Item No, 8b\ t\!ovember 27, 2007 F1age 26 of -: 90 13. Whether there are snhstantial reasons why the property cannot be used in accordance with existing zoning. Pro: The subject site was developed with a mobile home park and a convenience store within the respective existing zoning distlicts that allowed those uses. The site could be redeveloped in a similar fashion if so desired. The petitioner has opted to seek this rezoning to allow a different use of this site, seeking rezoning is an allowable action of the LDC. Con: None. Findings: Any petition l()r a change in land use is reviewed fllr compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or. on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to gamer tbat Board ruling. 14. Whether the change suggested is out of scale with the Deeds of the neighborhood or the County; Pro: Stall believes this petition proposes changes that seem to be within the scale of the nccds of the neighborhood and County if stairs stipulations are adopted. Con: None. Findin~s: With the stipulations recommended hy stan~ the proposed development complies with the GMP, a poliey statement which has evaluated the scale, density and intensity of land uses deemed to he acceptable throughout the urban designated areas of Collicr County. 15. Whether it is impossible to find other adequate sitcs in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Findings: Each zoning petition is 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. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usahle for any of the range of potential uses under the proposed zoning classification. Pro: None perceived. Con: The site will require extensive alteration to develop the use proposed. Findings: Any development of this site for the proposed use would require considerable site alteration. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0648 Page 5 of 6 Agenda Item No. SA November 27, 2007 Page 27 of 190 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier Connty Growth Management Plan and as defined and implemented through the Collier Connty LDC regarding Adequate Public Facilities. Pro/Con: Evaluation not applicable. Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be detennined as part of the development approval process. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0648 Page 6 of 6 Agenda item t\io. 81:, November 27. 2007 Page 28 of 190 Exhibit B PUD FINDINGS PUDZ-2006-AR-10648 Section 1 O.02.l3.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Mastcr Plan's compliance with the following criteria: 1. The snitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surronnding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The ncarby area is developed or is approved for development of a compatible nature. The petitioner will be required to comply with all county rcgulations regarding drainage. sewer. water and other utilities. Con: As discussed at length in the stafT report, the proposed location of the boat storage facility is not suitable in relationship to the sUlTound areas. Findin[(: The commitments and limitations included in the PliO document and the additional stipulations proposed by staff will adequately address the impacts (i'om the proposed rezoning. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provided evidence of unified control. The LDC and the PUD documents contain provisions for continuing operation and maintenance of the proposed pIivate roadways and common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP if staffs stipulation to require the relocation of the boat storage facility is adopted. Con: Staffs analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 5.2 contain measurable components; however, FLUE Policy 5.4 does not. Compatibility is more subjective. Page 1 of 3 Agenda Item No. SA November 27.2007 Page 29 of 190 Finding; Staff has recommended fhat the subject petition has been found consistent with the goals, objectives and policies of the GMP as provided for in fhe adopting ordinance if staff's stipulation to require the relocation of the boat storage facility is adopted. Please see the staff report for a more detailed discussion. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and bnffering and screening requirements. Pro: None Con: The proposed development standards. landscaping and buffering requirements do not, in staff's opinion, make the proposed development compatible with the adjacent uses. As noted in the staff report, the existing church located across Henderson Drive sets back from the road right-of-way approximately 100 feet. The proposed boat storage facility is proposed to setback only 15 feet from the Henderson Drive right-of~way. Staff believes this proximity is inappropriate. Additional setback could ameliorate the boat storage facility's impact, but a bettcr alternative would be to totally relocate the facility more interior to thc project. It seems more logical to place a boat storage facility closer to (he creek where the boats will be used. It seems that the applicant may be wishing to retain the aesthetically pleasing view oftbe water for the project's lot owners at the expense of the traveling public who get no benefit from the facility. The petitioner is siting the most obnoxious element of the project where it will have the least impact upon those persons who will have the most benefit from the facility. This is contrary to good planning practice regarding externalizing/internalizing impacts, as noted above. Finding: This petition is incompatible, both internally and externally, with the surrounding uses unless the storage facility is relocated on site. 5. The adeqnacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent wifh the provisions of the Land Development Code however the property development regulations proposed do allow the project to be developed quite intensely given the requested deviations. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding; Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD rezoning process, but the project's PUD FINDINGS PUDA-2006-AR-I0648 EXHIBIT B Page 2 of 3 ,i\genda item No. 3A November 27.2007 Page 30 of '190 development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: County Transportation Division Planning staff has determined that the proposed rezoning is consistent with the GMP Transportation Element requirements addressing roadway concerns. Con: None. Findin~: I f "ability" implies supporting infrastructure such as wastewater disposal system, potable waleI' supplies. characteristics of the property relative to hazards, and capacity of roads, then the subject propcny has the ability to suppClli cxpansion based upon the commitmer ts made by the petitioner and the fact that adequate public facilities requirements will be ad(i~ssed when development approvals are sought. ll. Conform; ty with PliO r'egulations. or as to desirable modifications of sucb regulations in the p:crticular case, based Oil determination that such modifications are jllstified as meetin" public purposes to a degree at least equivalent to Iiter'al application of sueh regulations. Pro: The petitioner is seeking six dcviations to allow design flexibility in compliance with the PUlvose and intent of thc Planned Unit Development Districts (LDC Section 2JJ3.06A) Con: Without additional stipulations Deviations #1, 2, 3, #4 and #6 would not be supportable. There are no stipulations that would make Deviation #5 supportable; staff is recommending Denial of Deviation #5. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. With the exception of Deviation #5 that staff does not support, staff believes, as stipulated, the deviations proposed can be suppOlied, finding that, in compliance with LDC Section IO.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section I O.02.13.B.5.h, the petitioner has demonstrated that the deviations are 'justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUD FINDINGS PUDA-2006-AR-I0648 EXHIBIT B Page 3 of 3 <(c-.o .Z<~;':' ~--- _ 0 =(-,J;:; S!::QiQ) ~.,CJ) C1:-::: CI:i ""Q ID CL ::;-:> 6.~ <L.. <: o " ~ ~ Q 1; => 0 ~ a. " ~ . z o w- 1-1< iiio g . o ~ " ~ m g~ Ci;. "" o J ~ ---+- l-.~- I ~Cl.l-.LDtI,I ~ . " a.. <( ~ (!) Z Z o N '" " '" 0> ~ "' "" '" 0> 0> N N o ::> 0.. 'It Z o f- f- Ul 0.. a.. <( ~ z o -! I- <( U o .....J Florida Department of Environmental Protection Agenda Item 1'-)0. SA I-Jovember 27 2007 PagO:iriie <Qj;t$l Governor Rookery Bay National E!">tuarine Res€'archR(~,'ierve 300 Tower Road Naples, Florida 34113 (239) 417-6310, Pax (239) 417-6315 JeffKotlkamp Lt. Governor Michael W. Sole Secretary May 30, 2007 Kay Deselem Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: PUDZ-2006-AR-10648 - Naples Motorcoach Resort PUD Staff have reviewed the abovc,:, n..:-kn~)iCed application, Outlined hplo\,v arc comnlents that Rookery Bay National Estuarine Research Res"rve (RDNERR) has concerning this project, located adjacent to the ReSf!rv~. We believe that the proposed development may negatively impact the primary goals of RBNERR. RBNElm. is one of the few remaining pristine mangrove estuaries in North America. Over the past three decades, on behalf of taxpayers across the State, the Department of Environmental Protection has spent over 57 million dollars to pll1'chase lands within RBNERR to protect and conserve coastal wetlands for future generations to enjoy. The proposed development will sustain anthropogenic disturbance in the area, and boating activities associated with this project may impact aquatic resources, and we have concerns about secondary and cumulative impacts to adjacent estuarine ecosystem within RBNERR. In order to protect the long-term ecosystem integrity of RBNERR we believe first consideration in determining permitted potential impacts to aquatic resources should be avoidance and minimization. The applicant has not provided sufficient information that the design of the proposed dry storage facility has taken steps to use a voidance and minimization to lessen permanent impacts on aquatic resources nor provided any compensatory mitigation plan. 1. Dry Storage Facility Tbe proposed development is located adjacent to Rookery Bay Aquatic Preserve/RBNERR, and we believe that the dry storage aspect of the project should be reviewed by Florida Deparhnent of Environmental Protection Submerged Lands and Environmental Resources Program. Despite the assertion by the applicants agent within submittal documents, there is no guarantee that a new ill'y storage facility will not increase the number of boats accessing RBNERR from the project site as well as alter the type of boats that use the area. Any new boat ramp 01' docks associated witl1 this property would require an Environmental Resource Permit (ERP), and the proposed new dry storage facility should also be subject to the ERP review process. RECEIVED Pirro/eel. CO/7SenT {flld k/aJla:2c Florida '.1 Em'irulltJ/CI.'I {Inti :Valurat' RCSOIII'(.'CS(I .'More Pmtecliol1, Less Process" It'Wl1 '. dC/i,:> /(/ le..!l.lls JUN 0 6 2007 ZONING DEPARTMENT Agenda Item No. SA November 27. 2007 Page 33 of 190 2. Water Qualily The proposed project may have impacts on water quality both during construction and once constructed. Since this project area is within the Outstanding Florida Waters (OFW, Chapter 62- 302.700, Florida Administration Code) of the RBNERR and Rookery Bay Aquatic Preserve, maintaining high water quality is of utmost importance. OFW designation requires that water quality not be degraded beyond ambient conditions at the time of designation. The pmposed project has not provided reasonable assurance of compliance with water quality criteria relating to protecting existing ambient water quality. II is recommended that the water management system should be designed to meetSF\'\'MD Outstanding Florida Waters design critteria. Regulatory staff should also ensure the use of Best Management Practices to minlmize any impacts on water quality during proposed project (e.g. properly secured turbidity screens around the entire project area, no spilling of gas or oil). In addition, there shOll Id be no maintenance 01' fish clearilllg allowed a lthe subject property, as we]] as no grease/ oil/ gas runoff from the moored boat(8). All activities within the proposed project should be consistent with the "Clean Boating }-IabitsJf as outlined in the "Clean lviarill.a" brochure. ;. Lllited Species Protection The significance of the animal life ill RBNERR area was an important factor in the designation as an Aquatic Preserve. Management objectives for thc fauna within the i\BNERR is focused on their protection, through preservation or restoration of nahlral habitats within the area. Manatees are known to frequent Henderson Creek, and potential impacts to manatees from activities associated with this permit should be addressed. The principal threat to manatees is boat h'affic in essential h'avel corridors and feeding areas, resting areas, wann-water refuges, and freshwater sources. Manatees use Henderson Creek area year-round as a feeding and resting area. The presence of boats in the area will degrade manatee habitat as well as increase the probability of manatee deaths resulting from boat collision. Improved boater education is also needed and can be enhanced through programs developed to increase public awareness of the damage that boats can inflict on manatees, including additional signage regarding the protection of manatees and related speed zones. 4. Secondary and Cumulative Impacts The open waters and channels of the RBNERR area are shallow, averaging less than 3 feet in depth. Improved boater education is also needed and can be enhanced through programs developed to increase public awareness of the damage that boats can inflict on shallow water communities, including additional signage regarding the protection of seagrass beds and tidal flats. 5. Please re-initiate the consultation process with RBNERR if modification to project arises. This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency action. The comments provided herein are not the final position of the Department and may be subject to revision pursuant to additional information and further review. Prill/cd 0/1 recycled paper. ,A.genda Item No. 8.A. November 27. 2007 Page 34 of 190 If I Cal1 be of further assistance, plea"e do not hesitate to contact me. Thank you for the opportunity to comment. gztXO RBNERR Resource Management Coordinator cc: Robert Duane, [ lole Montes, Tnc. Mark Mi1ler, FDEP SLERr' Skip Bergmann, USACOE Ed Cl'Onyn, SFWMD Skip Bergmann, US Army Cmps of Engineers (SA) 2000-10(2) Steven [.enbp.nrerl Collier Count'\-' Environmental Services u " Tad Hartareau, RBNERR Environnlental Specialist Primed 011 rC'cycled pnper. Agenda Item No. SA November 27, 2007 Page 35 of 190 MANATEE PROTECTION PLAN SUMMARY FOR NAPLES MOTOR COACH RESORT Prepared for Mr. Randall Henderson Updated JULY 20, 2007 PREPARED BY: ---- .- TURRELL & ASSOCIATES, INC. 3584 EXCHANGE A VE!':UE, SUITE B NAPLES, FLORIDA 34104 TELEPHONE: (239) 643-0166 FAX: (239) 643-6632 Aaenda !tern r\Jo 8/i., t~~ovember 27, 2007 Naples Motor CoaE'lrrJklfiJfl190 Manatee Protection Plan Review Revised .July 20, 2007 I. INTRODUCTION This summary analysis was prepared to provide information to Collier County reviewers in relation to the proposed construction of a boat storage area on Henderson Creek immediately south of U.S. 41. The storage area would be a part of the proposed redevelopment of the existing mobile home park to an upscale motor coach resort. Specifically, we have examined the shoreline and benthic habitats along that stretch of the creek, we have looked at the known boat related manatee mortality information, and we have looked at the waterway leading from the building out to the Gulf of Mexico. The results to date of our findings are described in the f()lIowing report. The project is located in Section 3, Township 5 I South. Range 26 East. Collier County. It lies in the southeast quadrant of the L.S 41 Bridge over Henderson Creek, about 1 mile east of the U.S 41 and CR 951 intersection. The property is approximately 22 acres of which all of it was devcloped mobile home sites but all of the mobile homes havc been removed and the entire site has been cleared and is cUlTcntly under construction (cm1hmoving and sorting). The propeny has ,iust ovcr 1000 fect of shorelinc. which is sodded. Several rcd mangroves mixed in \\'ith Brazilian pepper were scattered along the shoreline and fourteen (14) small doeks had bcen prcsent behind trailers. A staging dock associated with the existing community boat ramp was also present. This ramp was located adjaecnt to the boat ramp ncar the ccntcr of the projcct and was available for use to the entire community (approximately 290 residences). It appears that in thc course of the site clearing activities; the docks and shoreline vegetation have been recently removed. Shoreline vegetation removed includes the Brazilian pepper, citrus trees, bougainvillea, ficus trees, and assorted other landscape plants. A couple of mangroves (one red and one white) were damaged during the dock and Brazilian pepper removal but the rest of the shoreline mangroves were undisturbed. The ramp is still in place. II. PROJECT DESCRIPTION The proposed project is a conversion of an existing mobile home park into a motor coach / recreational vehicle park. As stated above, there were fourteen (14) residential docks behind mobile homes as well as a community boat ramp with an associated staging dock. The below descriptions are limited to the proposed boat utilization associated with the project. Private Docks Under the proposal, the owners of the lots along the creek will have the option of permitting small docks for their private use. In addition, a staging dock for the ramp will also be constructed. A total of 26 private docks and one community dock (27 total docks) would result. Agenda Item No. 8.1\ November 27.2007 Naples Motor CoaE'hrRiiibfitl 190 Manatee Protection Plan Review Revised July 20, 2007 Boat Ramp Also proposed, as part of this plan, is a conversion of the existing boat ramp. The applicant is proposing to construct a boat storage arca on the propeliy that will house up to 36 vessels and provide storagc space for an additional ] 0 boat trailers. The existing ramp may be modified to accommodate the proposed lift that will be used to transport the vessels from the storage building to the water. Only the vessels kept in the storage area and the 26 private vessels along the creek will be allowed the use of the ramp. This will result in a substantial decrease from the past conditions of over 290 potential users of the ramp. Shoreline The applicant is considcring installation of a retaining wall along the shoreline of the propeliy. According to the description provided, this wall will be located landward of the Mean High Water line, will not impact any mangroves, and will not involve dredgc o!" fill of wetlands. As such, it will scrve to minimize the potential [e)!" siltation or erosion from the developmcnt into the creek and will help to maintain the shoreline integrity. Since no wetlands or mangroves will be impacted, this retaining wall will have no impact on the shoreline aspect of the Manatee Protection Plan revicw. III. MANATEE PLAN PARAMETERS '\later Depths A celiified survey of the shoreline depths has not been conducted but during the benthic survey it was clear that there are areas where water depths are less than four feet deep. It is also known that there arc shallows / shoals between the project and the Gulf of Mexico that have less than four feet of water at low tides. Shoreline Resources In order to assess shoreline resources, an assessment dive was conducted. The basic objective of the dive was to investigate the area for benthic habitats that could potentially be impacted by the proposed project. We looked at water depths, water clarity, and for the presence of seagrasses, marine algae, or oysters. This survey was updated on May 9, 2007 to verify the continued existence of the resources previously observed. The survey consisted of an observer on the boat and a diver in the water. Shallow water depths (<8 feet) allowed us to snorkel to transects. We dove both parallel and perpendicular to the shoreline while investigating the bottom. The dive turned up a patch of scattered seagrasses along the shoreline. One small patch of Widgeon Grass (Ruppia maritima) was observed along one area of the shoreline from the water's edge to about 3 to 5 feet out from the shore. Most likely, this is as deep as it can grow in this area and still get enough light. During the first survey, there was a lot of water coming over the weir on the north side of U.S. 41 and between the foam from the churned water, and the suspended sediments in the water, light penetration (approx 3') as 2 ."genda Item No.8." November 27.2007 Naples Motor CoaE1frRilmtt: 190 Manatee Protection Plan Review Revised July 20, 2007 well as visibility (approx. 18") was limited. The grass density was sparse and varied between 2 and 15 percent. The majority of the shoreline had no grasses and no other quality benthic resources were observed. There were no grasses observed around the existing boat ramp. During the most recent survey, no water was coming over the weir but visibility was still very limitcd. The proposed site plan indicates that there arc 3 lots whose docks could potentially affect the seagrasses. The extent of the seagrasses observed during the dives was approximately 140 feet along the shoreline extending about 3 to 5 feet out from the shore. We believe that the access walkways for the docks would impact no more than 9 square feet but this will have to bc re-assesscd. as pali of the permitting that will occur immediately prior to any construction. An exhibit depicting the shoreline dive transects and the area where seagrasses were observed is included {()!" rcview. Manatee Mortalitv The Florida Fish and Wildlife Cunservation Commission (FFWCC) database indicates that therc have been 130 manatce deaths in Collier County between April 1974 and December 2006. which are directly attributable to boat impacts. Of thesc, fifteen of them 12')0) have occulTed within livc miles of the project site. Since less than 20% of the boat rclated deaths within the county have occulTed within 5 miles of thc project site, this site would not be considered to be within a high manatee use area. An exhibit depicting the location of the boat related manatee deaths is included for reV1CW. IV. RESULTS AND DISCUSSION The existing ramp is essentially a "use-as-you-will" ramp with little to no supervision or boater education. As part of the renovation, a proper management plan should be created to maintain the marina in up-to-date condition and with most current BMPs in place. In addition to the management plan, an education program should be developed (preferably in conjunction with Rookery Bay NERR staff) with infCllmation on manatees, seagrasses, and the local waterways for patrons of the building. This would add a level of protection to local resources by informing the boaters of easily defined do's and don'ts in our local waters. Due to the width of the waterway and the water depths associated with the project, dock lengths should be limited to 20 feet. Either perpendicular or parallel mooring is possible at the site except for those three lots where seagrasses are present. At those lots, only parallel mooring should be permitted outside of the seagrass footprint. When the homeowners apply for their dock permits, a benthic survey should be conducted to 3 .-\genda Item No. SA November 27 2007 Naples Motor CoaE'Tfrltiir'9ft 190 Manatee Protection Plan Review Revised July 20, 2007 detelmine if the seagrass coverage has expanded. If the proposed dock will affect seagrasses, then parallel mooring should he proposed outside of the seagrass footprint. According to the analysis, this property should be classified with a moderate ranking under the Collier County Manatee Protection Plan. The intended use should not impact 5% of the existing shoreline or benthic resources and it is in a low manatee use area, but the depths out to the Gulf are less than 4 feet in some places. With a moderate ranking, the property would be allowed ] 0 slips per] 00 feet of shoreline or approximately ] 10 slips. The moderate ranking also allows for the expansion of existing hoat ramps or dry storage building but prohibits the construction of new ramps or dry storage huilding. The Manatee Protection Plan does not address the conversion of a boat ramp to a storage building but the applicant's opinion is that such a conversion should be consistent with the intent of the Manatee Protection Plan as long as the intensity of use is not expanded. In this case, the use would decrease from over 100 vessels using the ramp to a maximum of 73 vessels including the single-family docks and the proposed storage area. However, this is not specifically addressed in the Plan and will he up to staif and legal interpretations. Tbe proposed project would allow a maximum of 26 private wet slips, a staging dock for the ramp, storage for 10 boat trailers, and 36 vessels. This is substantially under the current potential use by all 293 residents and also substantially lower that the 110 wet slips that could be allowed under the Manatee Protection Plan. 4 Agenda Item No. SA November 27, 2007 Page 40 of '90 Signs were installed Sat.,Sept. 29, 2007 East Trail Frontage Henderson Dr Frontage Agenda Item No. 8/, November 27.2007 Page 41 of 190 ORDINANCE NO. 2007._ 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 DESCRffiED REAL PROPERTY FROM THE MOBILE HOME, TRAVEL TRAILER RECREATIONAL VEHICLE CAMPGROUND, AND HEAVY COMMERCIAL ZONING DISTRICTS (MH, TTRVC & C-5) TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT DISTRICT (CPUn) FOR A PROJECT TO BE KNOWN AS THE NAPLES MOTORCOACH RESORT LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI TRAIL EAST, APPROXIMATELY THREE QUARTERS OF A MILE EAST OF ISLE OF CAPRI, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 23.2 ACRES; ANn BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of HoleMOJlle~, Inc., representing Naples Motorcoach Resort, Inc., petitioned the Board of County Commissioners to change the zoning classifjcation of the herein described real property. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC, & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort in accordance with the Exhibits attached hereto as Exhibits A through F and incorporated by reference herein. 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. .4.geneja item r-~o. SA November 27. 2007 Page 42 of 190 PASSED AND DULY ADOPTED by a super-majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK By: ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: JAMES COLETTA, CHAIRMAN , Deputy Clerk Approved as La form an Ie . suf i iency: Jeff Y A. Kla M' ging Ass Exhibit A: Exhibit B: Exhibit C: Exhihit D: Exhibit E: Exhibit F: 'ow ant County Attorney List of i\llowabJe Uses Commercial Devclopmen: Standards Master Plan, tbree-page ,<;et of plans Legal Description List of Requested Deviations Development Cormllltmems Specific 10 the Project .Agenda Item No. SA November 27. 2007 Page 43 of 190 EXHIBIT A NAPLES MOTORCOACH RESORT CPUD ALLOWABLE USES PERMITTED USES: No building or structure, or part thereof~ shall be erected, altered or used, or land used. in whole or in part, for other than the following: A. Principalllses: 1. Class A motorcoach vehicles, as described hercin. One (I) Class A motorcoach vehicle per "lot" (assigned parking space). Definition: Motorcoach vehicles shall be defined as those vehicles whlch have been categorized by the Recreational Vehiele Industry Association of Amcrica (RVIA), and the Family Motorcoach Association (FMA). as Class "A" or "Motorcoaches" and/or factory cnstomized bus conversions. that: (a) arc mobile, in accordance with the code of standards of the RVIA and FMA: (b) are seljCpropclled. and completely self-contained vehicles. which include all the cOllv'Cniences of a home including, hut not limited to cooking, sleeping, shower and bathroom facilities; (c) are structured so that the driver's seat is accessible fh)lll the living area in a Vi-'alking position; (d) contain a minimum interior height of 6 feCI in the living arcas: (e) have a minimum length of 35 feet, Cl ITwximu111 length of 45 feet and a maximum \vidth of 102 inches plus slide outs; and (f) have a fixed roof. as opposed to the ""pop-up" varielY. 2. Any other use or service which is comparable in nature with the uses set forth herein and is found to be compatible in the district by the Board of Zoning Appeals. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: I. Amenities customarily associated with recreational vehicle parks, such as recreation and social facilities (both indoor and outdoor) administration buildings, service/maintenance buildings, bathrooms, laundries and similar services for occupants of the park. Recreation facilities may include but are not limited to swimming pools, tennis courts, boating facilities, playground and clubhouse for indoor recreation. 2. Utility buildings as may be required for the operation or maintenance of the park not to exceed 1000 s.f. 3. Twenty-seven (27) proposed docks. 4. The existing boat ramp. 5. A boat storage facility, in the approximate location shown on the CPUD Master Plan, with up to 32 spaces. The actual maximum height of the building shall be IS feet. 6. Small utility buildings having a floor area up to 100 square feet are pennitted on eacb individualmotorcoacb lot and can have bathroom facilities. Revised 10-24-07 Aaenda Item No SA t~~ovember T/. 2'007 Page 44 of -: 90 EXHIBIT B NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT ST^"I\IDARDS PRINCIPAL AND ACCESSORY STRUCTURES Minimum Lot Area Minimum Tract Area Minimum Lot Width Minimum Tract Width 2200 SF N/A 30 Feet NiA MINIMUM SETBACKS (IN FEET) HENDERSON HENDERSON MAX U.S. 41 DRTVt<: CREEK FRONT SIDE REAR BLDC tfrom D.E.) HEIGHT* Office 25' 2)' 25' HI" 10' ]0' 25' -32' Clubhouse 2S' 25' 2)' 15'** 15' 20' 25' -40' Bathhouse 50' 2S' I 25' I 20' 5' 25' 20' -27' I I I ! I\1aintenance 25' ] 5' 25' ! 20' 5' 15" 25' -32' B1dg I i I Boat Storage 25" ]S' 0-' HI' 5' 15' 13"15' -) B1dg Personal Utility 25' 15' 25' ]5' 0 ] 5' 10' -] 7' Bldgs. Pool Deck 20' 15' 15' 15' 5' 15' NA Tennis Courts 20' 20' 25' 20' 10' 10' N/A Guard House N/A N/A N/A N/A N/A N/A 20'/25' Motorcoach 2S' 20' 20" N/A 0/9*** 10' NA Slabs Other Accessory 25' IS' 25' ]5' 0 IS' 20' - 27' B]dg TABLE 1 * Maximum zoned building height per LDC definition / Maximum actual building height per definition ** The porte cochere for the clubhouse shall be located 3 feet from the right-of-way. *** 0' setback on one side of lot and 9' minimum on other side; side setback for motorcoacb slabs only shall be measured 20 feet from back of curb Revised 10/24/07 -'9- ~ ! l' MINIMUM LOT SLAB Be UTlUTY BLOG SETBACKS VEHICLE SETBACKS ~ IIMI HOLE MONTES OONEERS'Pl.o\NNERS-SlJtoIEVORS LANDSCAPEARCIfl"EClUl:E Aoenda ltem No. SA i.....,' "" ,r'l7 '? (',7 Page 45 of 190 63.5':10 : ~ J- I.u Ii: C/) ~ ~ _ ~ \,1)1 'it 'fINl"":-'l.'$P .. J- l:ij ~ :.,;: C/) -rD",r:i/I ~W"g)Il ~t ~~ f ~o. ~\ 950 Encore Way Naples, FL. 34110 Phone: (239) 254-2000 Florida Certificate of Authorization NO.1 n2 CIECICED BY . Naples Motorcoach Resort ...CJI. . Development Standards 1lRA.....~,;, Typical Motorcoach Lot DAlE '8 EXtIBlT - ITEM B-1 PRO.ECT No. l/llII5.1.... CAD FILE NAME: ;~6~ o~ DN---- ~r''':,? ;....:r--..;""" aJ ---~ ~Q)W IT.;:) ::J, ~ tW ';:' ill CL C :::: ,7':;; " JNI' I 10l ~n~ l~"';~::+clJi' "".,.-..1 ' ~I t51 ~I o o ~ :~~~~~~~~ I' ~ " ,'. ' . o o Ii "'"""'1 ,\ I :~~y!tJtt~ I. ".,,,<[ > I~ 2 ; ; , ~ ~ ;: a: <l :Ii, :Ii: ::> en w' (l)i :,,::;: '''' ;:)', : >- ~ I: o ~ ., 0 : ~ jl;Wi~~! '. .< , - c ~ z , ,~ ,,;,;-.,,----~ f; "I , fH; ~ ~I~' .01 w~ >'cn Oi,.. UI< o m .D ~ - ~ ~I w, III ~I -J , n <' <(2) 3^lllO _ NOS~3r:!.N3H c "ic HJVOJ2WI0~ ,IN;,nl~~ DN""N]:NI.,..r~ S101 H:JVO:JClOlO~ S101 HJ"10JClOlO~ S101 HJ\10:J~010~ ~~i S101 H:J\10J~010~ -/'-". / ' I __-~-. .,,' .:__' j(0__ S101 H:J"10:J~OlO~ "Ii 109 3~ ~~ ~. ~ C1~ ~< ~, ! " ;;~ "'" '~ ",'" ~,~ " .w I z o >= <.) W V1 ~ ~. ,-'< < ]lJ^::J]~ 'I' ,J:llSdvma , 1 '." I ~g:: ) ~~"~:I,I @g " b~ :, &' 0 I~' , ~ o ~ ~ U < o u " o ~ o ~ --,..i;~lB,., I , " : , ., U , ~ iiir ~ W ~ , I ~ , , 11 ~ i x w , ~ ~ , S! 0 ~ ~ ~ ~ , ; I 0 z , 0 N 0 ~ ~~ ~ U w I ~!~ ~ co > ,", ~ "! I, 0 ill < 0 ~ , ~ ci a::~ ~ < Z . ~ ~ ~ ~ z '" ..J a. '" w ... '" '" ::; ci ~ c: c.i < () ~ ~I H f~I(E)(~)@ ... iii ;: XI WI I -'~ ': 100",' w~ J-lr Z. ~I ~~ ! ' :~. ~ ~ :g;;" ""'I,~r ~j_( !t ~;:,i ",:,,) !lii'i' , . , , . , 0 , > ;~t: '"""'5 o ~... ~-[5 "'''' Ow ifl'" ",I IU O<! <!O 00 0'" ",0 Of- ...0 0:2 :2'" ","j W(L ..J<! ~Z Z <::::(1'--::::> room -0"- .'-i,,- .0 cc~::; .s OJ ~) -.0 0) m;:::m ;2 3) 0- ~6 ,,:(}Z ',.:-..".''''''''......'''........ ." '."" .'..c'.y.....j ".,-,~(, ,>,~'.......5 ' ' ".,.~, 'lf4l, -:, ' l ';;:~fo. '~, ;~ I r ", .. ,. "'.ill " .....,"'j;;... ",k, '__'1,11 : ~.""~'~. .. ,M , ! .,.,C... . ..,. " ., u ~-":. - .\' ......~ ," - !A. ~ ' ~ w ~ w H Q~ ~illW~ 0 < , " z 5 i ~a ~t g~U " 9J . "'~ " ;~~~ w -- .., w i: ll. ~ r:: < ! " II "' t~~~ " , M n:: z i ~;.. 5 w " , U. r U. " < [ ::J z !l ! '" . ~ II! f! , "',:! ~ ~ " Pi~ S ~~~ " "_G :<i.; (f! "' ~I ;>" I -",'~ I~ c.JA ~ , 1>: <( z o i= <( > w -' w ill <( c.? <( 0 a:: :r:: 0 0 I- ....J (f) L.L , ~ .-- " --- <( ", 0 0 0 Cf) N CO 0 ill z ....J a:: .... co 0.. 0 w , <( 0 L.L '" Z n. C/) -... -... ....J I"- 0 <( 0 0 E, :::> l- N -----;-- ~ -- 0.. ill ! 0 a:: I" I 0 ... ill -----"c-__ __,-_ ill CO I --- 0.. I I- <( 0 a:: l- I!' t 0 0 0 ~ ~ C/) , , C/) 0 0 ~ ~ ill Z -... a:: <( """" I ....J 0 0 ~ <( <C ....J ....J 0 ....J ~ 0 <C a:: S C/) 0 ....J -... I- <C 0 :::> """" I ~ I- 0 C/) 0.. I- ill ill 0 [D ....J Z - 0.. T <C 0 X z 0 ill I z o i= o w (/J o w !;: n:: I- (/J ::J -' == ,~ ~ " .. .. , o 3 ~ ~_: ~ " ;r rr ~ ~to2" ;;-,::\3", ~:g; ~ -~~ ! ,. ~ " o ~ .... ~ " . " " '.. .3 l,E IIis "' ~; ~~ 60 o~~ -< w " -;J:c, c.'z '0 ~~ g '" Z o ~ > W -' W o W I- <( n:: I- (/J ::J ;ji;l Aoenda Item ~~o 81". r\!~cwember 27 2'001' Page 48 of 1 ';;10 EXHIBIT D LEGAL DESCRIPTION: PARCEL I COMMENCING AT THE NORTHEAST CORNER OF BLOCK 10, HENDERSON CREEK PARK ]ST ADDITION, AS RECORDED IN PLAT BOOK S, PAGE 4], OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID NORTHEAST CORNER BE]NG THE INTERSECTION OF THE SOUTHWESTERLY R]GHT-OF-WAY LlNE OF U.S. lIlGHWAY 4] (TAM]AMI TRAIL) AND THE WESTERLY RIGHT-OF-WAY LlNF OF HENDERSON DRIVE, RUN SOUTH 00 DEC; 41 M]N 40 SEC WEST. ALONG THE EAST LlNE OF SAID BLOCK 10, FOR 236.6] FEET TO THE POINT OF BEGINNING: THENCE CONT]NUE SOUTH 00 DEG 41 MIN 40 SEC WEST. ALONG SAID EAST LINE. Fcm 641.92 FH'T TO A POlNT HEREINAFTER TO BE KNOWN AS POINT "A"; THFNCE RUN NORTH S9 DEG 24 M]N 50 SEC WESl, P'\RALLU WITH .\ND 0500 FEET DISTANT FROM, AS IvlfASURED AT R]GHT ANGLLS TO, TilE NORTIlERLY RIGHT-OF-WAY liNE OF SONDERHI'N DR]VI, ,\S SIIOWN ON S/\IIl PI..'\T OF IIFNDERSO!'o: CRELK PARK FIRST '\DDITION. FOR 515.] 2 FElT: TJIENCI R UN NORTH ") i lEG 2k IvlIN 27 SEC WEST. FOR ] 10.76 FEET: THFNCL RUN NORTH k9 I)]'C, 24 M]N 50 SEC WLST, FOR 305.00 FEET: THENCF RleN NORTH 29 ])[0(; I" 'vlIN 06 SEC WEST. (IND]CA!ED ON PlAT AS 13F]NG NORTH 29 DEG 2k MIl' 4(\ SFC WEST) ALONG THE WEST UNF OF LOI I I. BLOCK .I OF SAID PLAT, FOR 126.23 FEET: THLNCF CONTINUF TO RUN NORTH 29 DEG 17 Ivl]N 06 SEC WEST, FOR 207.47 FEET TO A POINT HEREINAFTER TO BE KNOWN AS POINT "13"; THENCE RUN NORTH 51 DEG 56 MIN 37 SEC WEST, FOR 45.00 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK L; THENCE RUN ALONG SAID WEST LINE, 196.24 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING RADIUS OF 2854.93 FEET AND SUBTENDED BY A CHORD HAVING A LENGTH OF 196.20 FEET AND BEARING NORTH 36 DEG 05 MIN J4 SEC EAST; THENCE RUN SOUTH 54 DEG 20 MIN 16 SEC EAST, ALONG BLOCK 10, FOR 79S.33 FEET; THENCE RUN NORTH 00 DEG 41 MIN 40 SEC EAST, STILL ALONG BLOCK L, FOR 815.39 FEET; THENCE RUN SOUTH 54 DEG 20 MIN 16 SEC EAST, FOR 42S.38 FEET TO THE POINT OF BEGINNING. PARCEL II A TRACT OF LAND BEING PART OF VACATED BLOCKS A AND B, HENDERSON CREEK PARK, RECORDED IN PLAT BOOK 6, PAGE 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BE]NG DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF SAID BLOCK A RUN NORTH 54 DEG 20 MIN 16 SEC WEST, 428.38 FEET ALONG THE TAMIAMI TRAIL FOR A POINT OF BEGINNING; THENCE SOUTH 00 DEG 41 MIN 40 SEC WEST, 1052.00 FEET; THENCE NORTH 54 DEG 20 MIN 16 SEC WEST, 79S.33 FEET TO THE CENTERLINE OF A COUNTY DRA]NAGE EASEMENT, RECORDED IN OK BOOK 76, PAGE ]27, OF SAID PUBLIC RECORDS; THENCE 690.95 FEET ALONG THE ARC OF A CURVE, BEING THE AFOREDESCRIBED CENTERLINE OF SAID EASEMENT. CONCAVE TO THE NORTHWEST, HAVING A H:\2005\2005 I 44\WP",RezonelResubmittal July 2007 in progres5\fXHlBlT f),doc I Agenda Item No. 8A November 27, 2007 Page ~9 of 190 RADIUS OF 2854.93 FEET AND A CHORD BEARING NORTH 27 DEG 1 I MIN 40 SEC EAST, 688.37 FEET; THENCE NORTH 20 DEG 16 MIN 12 SEC EAST, 187.96 FEET ALONG SAID CENTERLINE OF EASEMENT TO SAID T AMIAMI TRAIL; THENCE SOUTH 54 DEG 20 M1N 16 SEC EAST, 346.67 FEET TO THE POINT OF BEGINNING. PARCEL III A PORTION OF BLOCK L, HENDERSON CREEK PART 1ST ADDlTlON, AS RECORDED IN PLAT BOOK 8, PAGE 41, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 3, TO\'lNSHlP 51 SOUTH, RANGE 26 EAST. TALLAHASSEE MERIDIAN, COLLIER COUNTY, FLORIDA THENCE NORTH 89 DEG 24 MIN 50 SEC WEST, ALONC; THE SOUTH I JNE OF SAID SECTION 3, FOR 60 FEET TO THE EXTENDED CENTERLlNE OF HENDERSON DRIVE: THENCE NORTH 00 DEG 41 MIN 40 SEC EAST, ALONG SAlD EXTENDED CENTERLlNE AND ALSO THE CENTERLINE OF HENDERSON DRIVE. 600 FEET TO THE INTERSECTION OF SONDERHEN DRIVE; THENCE NORTH X9 DEei 24 MJN 50 SFC WEST, AI.ONG THE CENTERLiNE OF SONDERHEN DRIVE, 50 FEET TO THE WEST RIGHT-OF-WAY OF I-IENDERSON DRIVE: THENCE NORTH 00 DEG 41 M1N 40 SEC EAST. ALONG SAID WEST RIGHT-OF-WAY, 973.53 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY OF TAMIAMI TRAIL, U.S. 41, TO THE POINT OF BEGINNING: THENCE NORTH 54 DEG 20 MJN 16 SEC WEST, ALONG SAID SOUTJ-IWESTERL Y RIGHT-OF-WAY LINE OF TAMIAMI TRAIL, U.S. 41, 42X.38 FEET: THENCE SOUTH 00 DEG 41 MIN 40 SEC WEST, FOR 236.61 FEET; THENCE SOUTH 54 DEG 20 MIN 16 SEC EAST, PARALLEL TO TAMIAMI TRAIL, U.S. 41, FOR 428.38 FEET; THENCE NORTH 00 DEG 41 MIN 40 SEC EAST, 236.61 FEET TO SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL, U.S. 41, WHICH IS THE POINT OF BEGINNING. PARCEL IV EASEMENT INTEREST FOR CONSTRUCTION AND MAINTENANCE OF A SEWER LlNE(S) AND INGRESS AND EGRESS FOR THE PURPOSE OF MAINTAINING SAID SEWER LINE(S) AS SET FORTH IN THAT CERTAIN EASEMENT AGREEMENT RECORDED AT O.R. BOOK 588, PAGE 458, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA, AS AFFECTED BY THAT CERTAIN SUBORDINATION OF EASEMENT RECORDED AT O.R. BOOK 1401, PAGE 1101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. H:\2005\2005144\WP\Rezone\Resubmittal.luly 2007 in progress\EXHIBIT D.doc 2 Agenda item f\Jo. E;,L\ November 27 2007 ?age 50 ~f 190 EXHIBIT E NAPLES MOTORCOACH RESORT CPUD LIST OF REQUESTED DEVIA nONS FROM LDC l. SPECIAL BUFFER A deviation to Section 4.06.06 of the LDC for the western side of the project along the creek, to require a fifteen foot (15') buffer south of the boat ramp and adjacent to the canal and to maintain a 10 foot Type A butfer north of the boat ramp. The reduction of the buJfer from 15 feet to 10 feet is the subject of this deviation. The justification for this deviation is that north of the hoat ramp the adjoining land use is a preserve. Area located north of the boat ramp and to the \"/est of the canal. requires a lesser degree of buffer. This is Deviation #1. , PARKING REQUIREMENTS Parking for accessory uses shall he computed at 5()O,o nf the normal requirement as set forth in Section 4.05.04 ufthe LDC and thiS is a deviation It.' this section of the LDt'. The justification for this deviation is, with multiple indoor and outdoor j~lcilitics within a short walking distance of all mOlorcoach JellS. parking would not he utilized a1 norma! stanclards,V/alking, golf carts and bikes arc the primary' means or transportation. This is Deviation #2. }. PRlVATE ROADW A Y WlDTI-I A deviation to Section 6.06.01 of the LDC not to require 60 foot ROW width. Excepting the wide entrance way, private roadways shall have a 24 foot right of way width. The justification for this deviation is that the road right-of-way is wide enough to accommodate the travel lanes, median (if applicable), drainage swales and utilities, and shall otherwise confom1 to the Construction Standards Manual. This is Deviation #3. 4. OFF-STREET PARKING AREA A deviation to Section 4.05.02.F. of the LDC that requires that off-street parking areas must be accessible from a street, alley or other public right-of-way and all off-street parking facilities must be arranged so that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches. The justification for this deviation is to allow for limited parking for recreational areas depicted on tbe CPUD Master Plan to back into the private right-of-way easement area. The justification for this deviation is that the configuration of these areas is limited in their size and configuration and as a result the required parking can be more easily accommodated with this deviation. Furrhennore, traffic volumes are low due to the nature of the proposed use as most patrons walk rather than drive and speed limits are posted at ten miles per hour. These factors will offset safety considerations and allow these limited parking areas to better serve the needs of the resort. 1l1is is Deviation #4. Revised 10-24-07 Page 1 of 2 i\genda item I~o. SA November 27 2007 Page 51 of 190 EXHIBIT E NAPLES MOTORCOACH RESORT CPUD LIST OF REQUESTED DEVIATIONS FROM LDC (CONT...) 5. LANDSCAPE BUFFERING A deviation to Section 4.cJ6.02.C.4 of tbe LDC that requires a 10 foot Type D butTer to a road right-ot~way internal to the resort at time of site plan approval so as to allow for the limited parking adjacent to the recreational areas as shown on the CPUD Master Plan. The justification for this deviation is that the size and configuration of the recreational areas is limited in size and relocating the buffer area wlll reduce impervious surface and result in more efficient utilization of these areas. The required buffer will be located adjacent to the parking areas as shown on the CPUD Master Plan and not adjacent to the road right-of-\vay. This is Deviatlon #5. 6. BOAT RAMP PARKING .A deviation to Section 4.05.04, Table 17, parking requirements so as not to require a minimum of 10 spaces per boat ramp VI!iih a dimension of 10 feet wide by 40 teet long. The justification for this deviation is that no public access will be allowed to the boat ramp and trailers will only be permitted to be stored in the boat storage building. Boats will only be placed in the water using a boat trailer. Boat trailers will not be left at the boat ramp but rather moved back to the boat storage area until needed to remove the boats lromthe water. (See also Exhibit C-1.) Revised 10-24-07 Page 2 of 2 Agenda Item No. SA November 27, 2007 EXHIBIT F Page 52 of 190 NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT 1. TR.A.NSPORTATJON R.EQUIRFMENTS A. All traffic control devices. signs, pavement marking, and design crite!ia shall be in accordance with the Florida Depanment of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS). cUlTcnt edition, FOOT Desib'll Standards, cUlTent edition, and the Manual un Unifcmn Traffic Control Devices (MUTCD), cUlTent edition. B. Arterial-level street lighting shall be provided at all access points. Access lighting shall be in place prior 10 the issuance of tlie final certificate of occupancy (CO). C. Access Points shown on the pun Master Plan are considered to be conceptual. Nothing depicted on an}' such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may he less than the numher depicted on the Master Plan~ however, no additional access poims shall he considered unless (j PUD amendrncll! is approved. D. Silt related llllprovcmems (as npposed Lo system related improvcments) necessary for 3afe int.-'Tess and egrcss to this pwjecL JS determined by' Collicr County'. shall not he eligible for impact fee credits. /\11 required improvements shall he in place and available to the Puhlic prior to commencement of on-sitc construction. E. Nothing in any Development Order (DO) shall vest a right of access in excess of a light- in/right-out condition at any access point. Neither shall the existence of a point of inb'TeSS, a point of eb~'ess. or a median opening. nor the fack thereof, be the basis for any future cause of action for damages against tbe County by the Developer, its successor in title, or assignee. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the Public. Any such modifications shall be based on, but not limited 10, safety, operational circulation, and roadway capacity. F. If any required turn lane improvement requires the use of existing County or State Rights-of-Way or easement(s), then compensating Right-of-Way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the first subsequent development order. The typical cross section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator or his desibJIlee. G. If, in the sole opinion of Collier County. traffic signal(s), other traffic control device, sign, pavemenlmarking improvement within a public Right of Way or Easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, is determined to be necessary. the cost of such improvement shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, Plior to the appropriate cOlTesponding CO. H. Money in the sum of $77,145.70, in lieu of, will be provided for sidewalks and bike lane on U.S. 41 within ISO days of adoption of this ordinance. Revised 10-26-07 Page 1 of 3 Agenda Item t;Jo. 8/"\ November 27, 2007 EXHIBIT F Page 53 of ,90 NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT 1. Roadways and Speed Limits. Roadways will be private and responsibility for maintenance shalJ be the responsibility of the developer. Speed will be limited to ten miles per hour on internal roadways and so posted. J. Golf cart parking in any place other than a designated parking space is prohibited. K. Bicycle Parking shall be provided at al] recreation areas. 2. LANDSCAPING REQUIREMENTS The developer shall provide a 15-foot wide buffer area that is comprised of four rows of native trees. planted at a maximum of 15 feet on center in staggered rows on the Henderson Drive side of the covered boat storage area. Trees shall be a minimum of 18 reet ovcraJl average height with a minimum diameter at brcast height (DB H) of three inches. "T'here shall he two 1'0\\'5 of shade/canopy trees that include no clustering; and two rows trees of varied species that can be clustered. The IS-foot v,!ide buffer shall also include a double staggered hedgerow that is a minimum of' 6 feet high at time of planting. The buffer area shall also include a wall that is a mininlU11l of 8 feet high. ,'\t least, half of the required shade/canop)' trees shall be planted on the 11endcrson Drive side or the wall. (See Exhibit ('-1) 3. DUMPSTERS AND TRASH REMOVAL Subject to site plan approval, the developer shall place a minimum of two large dumpsters in the maintenance area, where the maintenance crew at the resort will deposit trash collected (in plastic bags) from each lot. Trash pick-up within the resort shall occur twice daily and then be collected from the maintenance area by a commercial rubbish disposal company. 4. HURRICANE PROTECTION/PERMANENT LOCATION OF MOTORCOACH VEHICLES Motorcoach vehicles may not be permanently located on any lot and no pennanent residency is allowed. The maximum stay shall be six months per year. Within 60 days of plat approval, the developer shall record a covenant running with the land in the Public Records of Collier County referencing this restriction on pem1anent residency. The owner, or user, of the unit is responsible for registeling his or her an-ival and departure with the manager of the resort. Failure to register shall hold the owner or user responsible for any penalties imposed by Collier County. No unoccupied motorcoaches shall be left on site during the hurricane season and all motorcoaches must be removed from the subject project if a hurricane watch is issued. 5. REQUIRED FACILITIES The developer shall ensure t11at electricity, central water and sewer, and telephone services are available to eacb motorcoach site. Trash for the individual lots and from the recreational areas shall be collected daily by the Resort's staff and placed in the dumpsters provided at the boat storage site. A contract with a waste management company will be made to empty the dumpsters on an as need hasis (one dumpster will be for trash and the other for recyclables). Revised 10-26-07 Page 2 of 3 Agenda Item No, 'BA November 27. 2007 EXHIBIT F Page 54 of 190 NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT The developer shall provide sanitary facilities including flush toilets and showers in the recreational area adjacent to the cluhhouse but are not required within a 300 foot walking distance from every lot, since motorcoaches are equipped with these facilities and an additional restroom is allowed in the utility building permitted on each lot. 6. BOA T DOCKS/BOAT STORAGE Parking for trailers shall nol be pemlitted al the boat ramp (See Deviation # 6). No parking for trailers or hoats shall he per1111tted on an}' 1l1otorcoach lot. Boat storage shall be only permitted in the area shown as "boat storage" in Tract L and said boat storage shall be limited to (J maximum of 32 boats on trailers in two, single-story structures that have a maximum heigh! (actual) of 15 feet. In order to control hoat use, the hoats shall be put in and taken out to the water hy the resort's maintenance crews. This commitment is consistent with lhe stated objectives of the Collier County Manatee Protection Plan 10 reduce hoat-related manatee mortalities, achieve an optimal sustainable manatee population, and protect Immatee habitat. In order to ensure c()nsistenc~' \'v.ith the Manatee Prnteclj()]1 Plan, further expansion of hoat facility shall be prohihited. 'rhe number or neVI! boat slips for ctlch lot 10 be pcrmitted b)' individutlj owners vvill be 26; plus one at the boat ramp for a total of 27. The proposed boat docks shall be permitted parallel and perpendicular except where sea grasses are present along the shoreline. The perpendicular docks will be four feet x 20 feet. If sea,,>rasses are present, then a three foot wide perpendicular access walkway shall cross the sea grass area to a parallel dock outside of the sea,,>rasses to the shoreline and shall not exceed four feet in width and] 2 feet in length. Boat storage for up to 32 boats shall be permitted. Parking for boat trailers shall not be permitted adjacent to the boat ramp (see Deviation #6). 7. HENDERSON DRIVE ACCESS The access on Henderson Drive shall only be used for recycle and dumpster use. Access to the boat storage facility shall not use Henderson Drive and no other delivery vehicles will use this access. Revised 10-26-07 Page 3 of 3 Agenda Item No. SA November 27. 2007 Page 55 of 190 COLT ,IER COUNTY GOVERNMENT DRIVE DEPT. OF Z,ONrNG & LAND OEVELOPMENT REVIEW WWW.CULLIERGUV.NET 2800 NORTH HORSESHOE (i) NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 [~~~ . . ..'.... ~' .........[1 NM1tNp~ij~~$~, ',. " . "S$;.;/F;fi.:--~~-], 'l'riiffi(l)'fYt _~__,.....'D'.I'~T(~'l'Jj~_:.... . PETITION NO (AR) PRO,rECT NAME PRO.mCT NUMBER DATE PROCESSED ASSIGNED PLANNER iU I 1- PUDZr2006-AI(,I064H REV: 4 :')rojecl: 2(J060{i.(lOS7 Date: 7/'30/07 DUE: 8127/07 ~-I ____I C"-- .~. "~~'. .' -\""0 ". , '-.'.- -.... ' --.. ~ ._~~~] AIWW CA:j'l:t INIIO'RMi\::1.'IUN . ',,-- " - - . :..:..:...--;~...;,..,~~..:_~~~'~- NAME OF APPLICANT(S) Nallles Motorcuacb Resort.,lnc, ADDRESS 2400 Crestmoor Rd.. Suife 200 CITY Nashville STATE TN ZIP 37215 TELEPHONE /I (615) 279-8140 CELL Ii _. FAX /I (615) 279-8141 E-MAIL ADDRESS: I'lIndan.hcndcrson(almonacoeoach.cotll NAME OF AGENT Robe,'l L, Dualle, ATCI' orHo!e Montes, Illc. ADDRESS 950 Encore Way CITY Naples STATE FL ZU' 34110 TELEPHONE /I (239) 254-2000 CELL Ii FAX /I 239254-2099 E-MAIL ADORESS:bobdualleriilhmcnl!.com NAME OF AGENT Richard D, Yuvanovich, Esq. or Goodlcttc, Coleman & .Johnson ADDRESS 4001 TamiamiTmilN,Suitc300 CITY Nan!es STATE I<'L ZIP 34]03 TELEI'HUNE /I (239) 435-3535 CELL Ii FAX Ii 239254-2099 E-MAIL ADDRESS:ryoYallov;cb(@.l!cilaw.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE Wmi THESE RRGULATlONS. Agenda Item No. SA. I~ovember 27, 2007 Page 56 of 190 f ,,,'. . ;; &~gm'@i(i\\.-'~stL ....;,..,,-.,,~..=~..."'"hfJJJ1~...., ,,~jd"""': '''....'-.,.,.,,' ,.. . . " . ,. . -~.,~-,-=~_i-": ~l -~ Complete the following for all A.~soeiatiol1(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIA TJON: EAST NAI'LES CIVIC ASSOCIATION MAILING ADDRESS 3823 TAMIAMI TRAIL EAST, PMIl284 CITY NAPLES STATE FL ZIl'_34112~ NAME 01" HOMEOWNER ASSOCIATION: .---.--......----.. -- "--....--..--.- MAILING ADDRESS CITY STATE ZIP . ---~- ---,.._-.--- -~_.----, --- ._-~.~~-. NAME OI<' HOMEOWNER ASSOCIATION: . MAILING AODRESS CITY ~_ .~~STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS: CITY STATE__ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY.. . ~STATE_ ZIP H:\2005\2005144\WP\ReZOllc\Resuhmittal July 2007 in progress\API'LICA TION 070616.doc 71l8/2007 3:59:22 PM 2 4genda Item No. 8A November 27. 2007 Page 57 of 190 Pi~~~J:iQ$J;iJg)li~w~mJ!c~iill1D~~!1!~~...... ...'] L a. If the property is owned fee simple by an INDIVIDUAL, tel"'Jlcy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership int.erest as well as the pel'centage of sllch interest. (Use ndditional sheets if neeessary). Name 'llId Address Percentage of Ownership N!A b. If the property is owned by a CORPORATION, list the officers 'llId stockholders and lhe percentage of stock owned by each. Nmne and Address Pcrccntage of Ownership :Monaco Coach Curporation COt'poratc Offices: 91320 Coburg Industr'ial Way C:ohurg, OR 97408 Phone: (54!) 686.8011 Toll Free: (SOO) 634,0855 Fax: (541) 681.8899 New \'ork Stock [{xchange LOO % N~lples Motorcoach Resort, inc., owned by lVfonaco Coach Corporation 91320 Cohurg Industrial Way Cohurg, OR 97408 Officers and Directors Henderson, Everett R Jr., Pres. 2400 Creslmoor Road Nashville, TN 37215 N/A 0;', Daley, Paul M., TD 91320 Coburg Industrial Way Coburg, OR 97408 N/A_% Kimball, Charles, SD 91320 Cohurg Industrial Way Coburg, OR 97408 N!A.% Nepute, John W., D 91320 Coburg Industrial Way Coburg, OR 97408 N/A % Name and Address of Curren! Registered Agent: Ct Corporation System! as of April 20, 2007 1200 South Pine Island Road Plantation, FL 33325 US c. If the property is in the naUle of a TRUSTEE, list the beneficinries of the trust with the percentage of interest. 1l:\2005\2005144\WP\Rezone\Resubmillal July 2007 in progress\APPUCA nON 070616.doc 7/18/20073:59:22 PM 3 /\aenda Item No 8/\ N~ov9mber 27. 2'007 Page 58 01 190 Name and Address Percentage of Ownership N/A d, If the property is in the name of a GENERAL or LIMITED I' ARTNERSHII', list the nanlc of (he general andlor Bodted partners. Name and Address Percentage of Ownership _N/A__~__ e. If tbere is a CONTRACT FOR PURCHASE, with >In individnal or individu>lls, a Corporation~ Trustee, or a Partnership, list the Hames of the contract purchasers below, including the offiecrs, ,r;,;(ockholdcrs, bCllcHdaries, or partner.~. Name and Address Percentage of O,.vnership N/A f. If any cOlltingency clause or contract t.erms iuvulve additional parties, list all individuals or officers, if a rorporatioll, par1nership, or trust. Name and Address N/A g. Date subject property acquired [Z] purchased 19'" day of April. 2007 leased 0 N/A Tenn of lease N/A yrs.!mos. If, Petitioner bas option to bny, indicate the following: Date of option: Date option terminates: Anticipated closing date ,or h. Should any changes of ownersbip or changes in contracts for purchase oecnr subsequent to the date of application, but prior to the date of t.he final pnblic bearing, it is the responsibility of t.he applicant, or agent. on his behalf, to submit a snpplement.al disclosure of interest. fonn. The subject property which was under contract for purchase has been sold and is 'lOW the sole property of Naples Mororcoach Resorl, Inc. New disclosure of interest is included in this revised application. In addition, a new affidavit and CO~ICI1QJlt of Unified Contl'o! are included. H:\2005\2005144\WP\Rczone\ResubmittaJ July 2007 in progrcss\APPLlCATION 070616.uoc 711812007 3:59:22 PM 4 Agenda Item No. SA November 27. 2007 Page 59 of 190 c..'.... "";-'"".:"":. :".c._.:,.:!:._; '0 ';' I\RmIljl!.1jj$~n:{!i~.l~ltl!.~ff~c;. _... . _,0',_ --_._._._._'-"-~-' ....=] Detailed legal descrifltion of the flrolwrtv covcred hI' the application: (If space is inadc.quate, attach on separate page,) If requcst involves change to more than one zoning district, include separate legal description for property involved in each distriel.. Applicant shall submit four (4} copies of a recent survcy (collll)leted within the last six months, maximum 1" to 400' scale) if reqnired to do so at the pre-application meeting. NOTE: The appllc,mt is responsihle for supplying the correct legal description. If questiollS arise (~oncernin~ the legal description, au engiuccr's ct'.rtific~lHon or scaled survey may he required. Secliollrrownship/Rallge Q1./ 5IS/_ 26E Lot: 1 & 2 Block: A, I. Subdivision: GREYSTONE MOBILE PAIU( Plat Book___..._ Page II: Property l.ll.#: Folio No 4')53008000l & 49584240004 Metes & BOllnds Description: See allllched le!:,,1 description Size Of!lropertv: ft. X irregular ft. ~. Total S'l' Fl. 1010579.43 A<Tes ,,23.2 Addn,ss/generallocatioll of subjectllroflerty: _13300 T AMlA.MI TRAIL EAST PUll District (1,DC 2.03.(6): U Residential [g] Commercial I. J Commnnity Facilities U Industrial [- .. . .. _ AJ.1JA:",J'N'I~~9fftN~~!r!'!.:mp'~i,J$j~, Zoning Land use N S E W PUD MB A en I'UD & MM U.S. 41, WINDING CYPRESS HENDERSON CREEK MOBILF, HOMES SAN MARCO MISSION CHURCH ARTESA l'OL"ITE & HENDERSON CREEK MOBILE HOMES Dol'S the owner of the subject l,roperty own propert)' contignous to the subject prollerty? If so, give colUplete legal descr';ption of entire contiguous property. (If space is inadequate, attach Oil separate page). No SectionffownshiplRangc / / Lot: Block: Subdivisiou: Plat Book_ Page #: Property I.D.#: Metes & Bounds Description: _.. L__ REZOl'<)CR1j)Q)JES'l' This application is requesting a rezone from the CPUll zoning district(s), Present Use of the propel'ty: I'RESENTLY VACANT Proposed Use (or range of uses) of tile property 200 MANAGEMENT AND RECREATIONAL AREAS AND USES. OriginalPUD Name: N/A MH ,TTRVC & C-S zoning district(s} to the MOTORCOACH LOTS, WATER MISCELLANEOUS ACCESSORY Ordinance No,: 11:\2005\2005144\WP\Rczonc\Resuhmil1al July 2007 in rrogrc..~~\A PPUCA TION 070616.doc 7/18/2007 3:59:22 PM 5 Agenda Item No SA November 27, 2007 Page 60 of 190 I ~;V A'LV&TI9r11(:i~tj;p;'it!"A. -~ Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the I)lanning Commission, and the Planning Commissiun's recommendation to the Board of Connly Commissioners shall he based npon e.onsideralion of the applicahle criteria noted below. Provide a narrative statement describing (:he rezone request with specific reference to the criteria noted below. Include ~lIIY baeknp materials and documentation in support of the request. /. The milabilit)' of the an'a lor the type and pattern of development p,'oposed in relation to physi(~al ebaracteristic."i of (:nc land, surrounding an:3Sl traffic and access, drainage, sewerl water, and other utilities. The proposed change in llse .f'rom a mobile lravel trailer flark aud convenience store to a A1oiOl,' Coach Re.lOrl represents improved suitability, since 110 permanent residc1U:V wdl he permitted ~Vilh Iewer strur;tures (I/l(! lcnFcr densities, the propDsed use will have less impact and is olsQ he/tel' suited 10 it.'.' !ocn1foll in the C'oasla! Nigh Hazm-d Area. Nlcollln'tiolls ill trollic, .\'cwel' and 1,va{er ore also :wh,r;tantial.. therefore, the !J!'{)posed /.jse is mON' ('umpatiblc lvith [he O}'SG tlwn the existing use. 2. Adequacy of evidcncc of unil,,,d contl'ol and ",itllbility oC any propo"d agreements, contract, or other instruments, or for :lmendmcn1.s in those proposed, llarticularly as the)' fuay relate to arrangements or provisions to he made for the continuing operation and maint"nllnce of sneh areas and facilities that are not to be provided or maintllined at pnhlic expense. Findings and recommendations oC this type shall be made only after consultation with the connty attorney. The su~iecl property will be under ul1ified C0111/"01 as evidenced by the Slalemenl of Ul1ified Control filed with the application and provisions con/alued therein. There are no public facililies proposed in this CPUD. Private jacilities at common areas will be maintained by the resort management 3. Conformity uf the proposed PUD with the goals, objectives and !lolicies of the growth nlanagemcnt plan. 71,e subject properly is located ill the Urban Coastal Fringe Sub Dislrict of the Urban-Mixed Use Dislricl as idenlified 011 the Fulure Land Use Map. The CPUD meets the standards and permitted uses in thai SubdistricI, as required by Objective 1 of the FLUE. Further, the proposed project will replace 293 mobile homes and travel trailers (in addition to a convenience slore) with accommodations for up to 200 molorcoaches. Most of the properly (83%) Is zoned for Mobile Ijames. Since new rezones to permit mobile home developments are prohibited in this Subdistricl. [he proposed removal of Ihe mabile homes is, Iherefore, more consistenl wiih the FLUE of Ihe CoWer Counly Growl" Managemell[ Plall. While part of the property is now zOlled 7TR VC, alld the Molorcoach Resort will gellerally meet or exceed Ihose slandards, all raones in Ihis Subdislrict are recommended by Ihe FLUE to be in the form of a Planned Unit Developmenl fhal is provided for in Ihis application. JI:\200S\20051 >14\WP\Rc2;one\J{e:mbmjual July 2007 in progress\APPLlCATION 07061 G.UU(; 7fI8/2007 3:59:22 PM 6 Agenda Item No. SA November 27. 2007 Page 61 of 190 The proposed development can also be found consistent witll objective 1.2 of the economic element that calls for Collier County (0 expand and enhance the tourism industl)' that will be accomplished by the proposed Motorcoach re.>ort; to provide part-time oCl:upancy for tourists. Objective 7 of the FLUE and its accompanying policies pertaining to the smart growth do not appear to be particularly germane 10 the proposed redevelopment. We trust you agree. The redevelopmellt is consistent with Goal } 2 oj the Conservation and Coastal Management Element of the GMP by reducing the danger to people and property from the ef(ects of hurricane damage. The redevelopment h com:istcnt with Policy lO./.4 of the Conservation and Coastal Manay,cmcnt Element of the GMP by giving first priority to siting shoreline development in areas presently developed. 'Ihe redevelopment is consistent l\-'ith PoliGy J 0.1. 6 of the Conservation and Coastal lv1anagement Element (~( the GMP hy /;:{voring dJY storage in its boating facilities over Ive( storage. TIw redevelopment is consistent lvith Of?jective 7.2 [!f the Cnn.wTPaiion and Coastal A1anagmncnt Element of (he OMP by reducing the anu,nmt and controlling the type of boating aCI/viIY Hihic/! clIlTently j,y generated/rom thi., :'lite, 4. The internal and external eompatihility of proposed uses, which conditions may indnde restrictions on location of improvements, restrictions on <le~i.gn, and buffering and screening requil-cmcnts. T'lw proposed development is compatible with and complementar)' to existing and jillure surrounding land uses, as required in Poiicy 5.4 of the FLUE, enhallr:ed through the internal arrangements of faciii!ies, thc placement of landscaped buffers alld the proposed development standards contained within the CPUD. The western buffer consists of the conal and u deviation is proposed to ollly maintain a 10 foot b~fJer, north of the boat romp. This is because a preserve area is lomted on the west side of the canal at this location that justifies the reductioll ill buffer width. Internal burrers shall also be utilized, excepting the 10 foot Type D Buffer along the private R.o. w: acijacent to the recreational areas where parking is needed. (See Deviation # 5.) 5. Tile adequacy of usable o)len space areas in exislence and as proposed to serve the development. Open space recreation amenities. lake and canal frontage will meet or exceed open ~pace requirements for the proposed use. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both pnhlic and private. The liming of the development will be coordinated with required improvements und(ar.ililies. 7. The ability of lhe snbject property and of su,.,.ounding a,'eas to accommodate expansion. The redevelopment of the property is a reduction in intensity. H:\2005\2005144\WP\Rcwnc\Rcsltbmittai July 2()()7 in progrcss:\APPUCA TION 070616.doc 7118120073:59:22 PM 7 ~Agenda Item No. oA r,ovember 27. 2007 Page 62 of 190 8. ' Conformity with PUD regulations, or as to desirable modifications of suclt regulations in the particular case, based on determination that such modifications are justified as meeting public IHlrposes to a degree at least equivalent 10 literal application of sneh regulations. The proposed removal of mobile homes is col1sislenl with Ihe FLUE of Ihe Collier County Growth Mallogement Plan as well as [he Coastal Area lvfanagement goals. DeviaLions proposed are minor and appropriate/or the proposed type of dr;velopment inlhis location. Deed Restrictions: The County is legally precluded [hJIl1 enforcing deed reslrictions, however, many communities have adopted such reslrictions. You may wish to contad the civic or property owners association in tbe area for which thi,s use IS being requested in order to ascertain whether or not the request is affeckd by existing deed restrictions. IlrcviollS land use petitions on the subicct pro pert\': To your knO\vledge, has a public hearing been held on this property within the last year'! 0 Yes (g) No If so, what was [he nature of that hearing? NOTICE: This applicatlon will be con:;;idercd "open'. whl.:':l1 the determination of ";.;ufficiency" has been made and the application is at>signed a pctilion processing Ilumber. The application \\'ill he considered "closed" when the petitioner withdraws the application through written notice or cease.5.J<>.....1WQ1l1y..pecessary lDJp[mation to G9t1tinue uroce5sing or oth~r\vise activ~!y PtH'Sl1e the r~zoninf.! for. a ncriod _of SIX (6) mO]l(I!fi. All application deemed "closed" will not receive fUlthcr processing and an application "closcd" through inactivity shall be deemed withdrawn. An application deemed "closed" may he rc-opencd by submitting a new application, repayment of all application fees and granting of a detennination of "sufficiency". Further review of the project will be subjcct to the then cun'cnt code. (LDC Section 10.03.05.Q.) H:\2005\2005J44\WP\Rczolle\Resubmiltal July 2007 ill progres~'v\PPLlCATION 0706 I 6.do-::: 7/18/20073:59:22 PM 8 PUD AMENDMENT (PUDAj PUD REZONE (PUDZj PUD 10 PUDREZONE (PUDZ.A) APPLICATiON. SUBMITT AL CHECKLIST r It.::! l\i November 27. 20 7 Page 63 of 1 0 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 SUM BITT ALS WILL NOT BE ACCEPTED. REQUIREMENTS ;$;tAJilP'b;!i.QtREQliJJRENlENf;$iil!:ffi';::tffitj~i\;*~;~~ift''''i'%"a;,fi;";;;;;;;!)';;"'!;:;!,;,,:;;',,,:,, 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area} Copies of detailed description of why amendment 15 necessary Com leted Application (download from website for current form) Pre-op lication meeting notes Current Conceptual Site Plan 24" x 36" and One 8 lh" x 11" co Revised Conce )tual Site Plan 24" x 36"and One 8 l/~" x 11" copy Original PUD document and Moster Plan 24" y, 36" - ONLY IF AMEND1NG THE PUD Revised PUD docutnGnt with changes crossed thru & underlined I Revised rUD document w Iwnended Title a e ward #'5. LDC 10.02.13.A2 Deeds/Legol's & Survey (if boundary of origina~ PUD is amended} List identifying Owner & 011 parties of corporation Owner/Affidavit signed & notori2ecl Covenant of Unified Control Completed Addressing checklist Environmental Impact Statemenf (EIS) and digital/electronic copy of E1S or exemption jlJstlficotion Historical Surveyor waiver request Utility Provisions Statement w /sketches Architectural rendering of proposed structures Survey, signed & sealed Traffic Impact Statement [TIS) or waiver Recent Aerial Photograph (with hobitat areas defined) min scaled 1 "-ADO' Electronic copy of all documents in Word format and plans (CORam or Diskette) If located In RFMU (Rural Frinae Mixed Use) Receivincl land Areas Applicant must contact Mr. Gerry J. lacavero! State of Florida Division of Forestry @ 239~690.3500 for information regarding "Wildfire Mitigation 8.. Prevention Plo,,", LDC Section 2.03.08.A.2.a.(b)i.c. ;/).4..-1 rf)u.A""~' c; C. Applicanf / Agent Signature Date # OF COPIES NOT REQUIRED REQUIRED 24 Cover letter 24 24 Attached 24 Attached 24 NA 24 NA 24 24 rUD Attached 2 AHclched 2 AttClched 2 Attached 2 Attached 2 Attached NA 4 4 NA 4 NA 4 NA 4 Attached 7 Analysis Attached Aerial 5 Attached Attached 7' /2 ; :2 ,,0 ~ H:\2005\2005 i 44\WP\Rezone 4~2{106iPUDRezonePcUtion.( lO)06] 009. nll\.l'ld.ry,aw.rh .doc 23 PUDZ-2006-AR-l0648 PROJECT #2006060057 DATE: 10/13/06 KA Y m:SELEM COVENANT OF UNIFIED CONTROL Agenda Item No. 8/\ November 27, 2007 Page 64 of 190 The undersigned do hereby swear or affirm that we are the fee simple titleholders <-lnd owners of record of property commonly known as Naples Motorcoach Resott. Inc, (Street address and City, Slate and Zip Code) and legally described in Exbibit A attached hereto. The property described herein is the subject of an application f(Jr _.__., planned unit development (CPUD) zoning. We hereby designate Robert L J?ual~and Ri~!:m[gJ). Yova.1LQYi~b.. legal representative thereof, as the legal representatives of the propcl-ty and ~s such) these individuals Elre authorized to legally bind all owners oCthe property in the course of seeking the necessmy approvals to develop. This authority includes, but is not limited to, the, hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site, These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County, The undersigned recogniC':e the [c)l1owing and will he guided accordingly in the pursuit of development of the project: ]. The property will be developed and used in conformity with the approved master plan including all condition~ placed on the developnwllt and all cOl11tnitmcnts agreed t{l by the applic.ant in COlUlcction with the plmmed unit development rezoning. ::!., The legal representative identified hercm is responsible for compliancC;'- wi!h all term~, conditions, saf~g1.lards, and stipulations made at the lime of approval of th~ master plan, even if the property IS subsequently sold in whole or in pmi, unless and until a new Dr amended eovcmml orunified contwl is delivered to and recorded by Collier COUIlty, 3< A depm'ture from the provisions of the approved plans or a failure to comply with any requireTllents, conditions, or ,,;afcguards provided for in the plnnned unit development process will constitute n violation oftbe Land Development Code. 4. All terms and conditions of the planned UJlit development approval '1Ntll be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development mmt be consistent with those tcrms and conditions. 5. So long as this covenant is in force, Collier County can, upon thc discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary (0 compel compliance. The County will not issue permits, certificates, or licenses to occupy or llse any pmt of the phmned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, cOl~g~#ed unit development. e",,,",, /'f!fe1,v~ ILl" Owner E. Raadall Henderson. Jr. Printed Name Printed Name STATE OF FLOR.IDA) COUNTY OF COLLIER) /. -fv7 . Sworn to (or affirmed) and subscribed before me this if day of Jfta-d! _~, 200I-by ,j;. (2I2(J.:<.1/ lkucIM<;'1'f1 1(______ who is personally known to me or has produced as idcntificatroJl. ~~~ Notary Public, , /. I ~~h~~I( ~(o (Name typed, printed or stamped) t:1\. Stephan.. Karel ~~ j My ~ommtulon 002N124 "YI:t....." ExtNIfl; M.rch 09, 2005 (Serial Number, if any) Application For Public Hearing For PUD Rezone 0 lI18/D7 Agenda Item No. 8A November 27. 2007 Page 65 of 190 J AFFIDAVIT We/I, E. Randall Henderson. Jr. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject motter of the proposed bearing; that all the answers to the questions in this application, inciuding the disclosure of interest information, all sketches, data, and other supplementary matter attached to C1nd made a part of this application, are honest Clnd true to the best of our knowledge and belief. We/I understcmd. that the information requested on this application must be complete Clnd Clccurate and that the content of this form, whether computer generoted or County printed sl1C111 not be altered. Public hearings will not be advertised until this dpplication is deemed complete, and all required informdtion has been submitted. As property owner We/I further duthorlze RobertJ, DUdne dnd Richard D. Yovdnovich to Clct as our/my representative in dny mdtters regording this Petition. /) ~ ~'- Signature of Property Owner E. Rondall Henderson. Jr, Typed or Printed Ndme of Owner Typed or Printed Name of Owner The foregoing instrument WdS ocknowledged before me this /;> M day of I11CMC II . 200L by LIUwI.u.r fkpotuS,(H, 1,-: who is personally known to me_or has produced as identification. State of Florida County of Collier ~~~cw.l.t t/.w,~ (Signature of Notary Public - State of Florida) ,-rJ\. Sltpllonlo 100>I . -!J. j My Comminlofl 002_4 ~lIf,..J Expiret Marth 09. 2008 31:e~I'\;e l4wJ (Print, Type, or Stamp Commis;ioned Name of Notary Public) Apl)licatio!1 For Public Hearit\g For PUD Rezone 01/] 8/07 Agenda liem No. SA November 27. 2007 Page 66 of 190 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST L~ 'AIDX!~tff._m!ti~~mt!l!Jg~:h}'" .-.---, :--:-.- '.-.1 .-~ NAME OF APPLlCANT(S) NAPLES MOTORCOACH RESORT, INC. ADDRESS 2400 CRESTMOOR RD., SillTE 200 CITY NASHVILLE STATIc TN ZIP 37215 TEJoEI'HONE # (615) 279-8140 CELL # __ __.FAX # (615 )279-8141 E-MAIL ADDRESS:RANDAI.L.HENDERSON<illMONACOCOACH.COM ADDRESS OF sunmcr PROPERTY (IF AVAILABLE): 13300 TAMIAMI TRAIL E. NAPLES,I"L 34114-8701 r-~J];(}AL.JjltscR~rtwN ...----c-..l ...1 SCclionJTown'hipfRaugc 03 151 SI 26E Lot:.J. & 2 IlIocl<: ~l Subdivhiou:. C;REYSTONE MOBILl: PARK Plat Book~ rage #:_~ Pmpc,';)' I.D.#: Folio No 49530080001 & 49584240004 Metes & Bounds Dc,eription: Sce attached Je~al de,er;I,t;on (Exhihit D) L~rXP-!,oiiSE'WAGE OISl'ClSALf"brnfpR9YWEP .. (Checl< applicable system): --J COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCmSED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPO capacity)___ e. SEPTIC SYSTEM i:8J o o o o I TYPEOF W Al'ERSERVlc:E TOBEI'R(J\TlI?ED .J a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PIliV A TE SYSTEM (WELL) i:8J o n o H:\200S\2005 \ 44WlP\ftewllc\Resubmitlal July 2007 ill progrC5sV\I'PLlCA TION 0706] 6.doc 7/18/20073.59.22 PM 9 l\qenda Item No. SA N"ovember 27, 2007 Page 67 of 190 STATEMENT OF UTILITY PROVISIONS - page 2 PROPOSED UNITS: Seasonal TTRV Units ~---- 20 .- - --~ Water 500 x --~, Water 500 x Sewer 500 x --.--.-.- -~_._- Sewer 500 x ~--~, Ox 2.5 ~ 500 Population 100 GPD = 50,000 Average daily 150 GPD = 75,000 .--n---..--- 100 GPD = 50,000 ..__'_ _.___._....____._____u.__.." 130 GPD = 65,000 -- -- -------- Peak daily Average daily Peak daily 1)"'11.1(.. .,~'DA:.,V.'i'I{:.'G"I';D'. ,"TbY'l"'P"M'"'' .AN' 'f)S",'P@'n:tt'.{{il"'D\0GB1}'U'i.. .1:':", ",.,~."I;_"_ _ ,-.Llj. '~:" ,J;.1' "~' ':c.....ll!~.._. . '. .,'","_ -:.."',-.:",...'t......",...__,_-:.~;..:.:.r...._.,:"...,:.-.",';".,:.:' A. WATER-PEAJ( 128,269 G})D (Less) AVERAGE DAlLY 85,512 GPD (Less) B. SEWER-PEAK 49,270 GPD (Less) AVERAGE DAILY 37.900 G])D (Less) IF PROPOSING TO BE CONNECTlm TO COLLIER COUNTY REGIONAL WATER SYSTEM, J'LEASE PROVIDE TIm DATE SERVICE IS EXPECTF.D TO BE REQUIRED Late 2007 NARRA:'I'IVE8TATEMENT: Provide a brief and concise naJTative statement and schematic drawing of sewage tTcatulent procc~s to be used as well as a specific statement regarding the method of affluent and sludge disposaL If percolation ponds arc to be used, then percolation data and soil involved shall he provided from tests prepared and c.ertified by a professional engineer. Waste water service to b,U)I"Ovided [!)In' Collier. COlililJilR,COUNTYi>. U'])ILIT;YI-j!J;I)ICA:r:rll1h'l,.$trXr'])Iif~~!Fd If the project is located within the services houndaries of Collicr 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 "pon completion of the constJ1lc.tion of these facilities in accordance with all applicable County ordinances in effcct at the at timc. This statement shall also inclode an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division plioI' to the issuance of building pennits by the County. If applicahle, the statement shall conl>iin shall contain an agreemcnt to dedicatc thc appropriate utility casements for scrving the water and scwer systems. Appropriate facilities will be dedicated for the County at Ihe time of constlUction plan approval. STATEMENT OF AV AILAllILIT>\' CAPAG1!J.;'Y'F:gPM';'.(<jiFiIElt' l\t{l'tWDERS: 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 10 servc the project shall be provided. Not applicable. H:\2005\2005144\WI'\Rc2one\Resubmiual Ju1)'200-1 in progress\APPLlCATION 070616_doc 7/18/20073:59:22 PM ]0 ,A.genda item No. OP. November 27. 2007 Page 68 of : 90 ~ 'C:/ _ _ _ _._ ~.S. -_~1__ (T ~~~~~_I_ _T~_~~_~!-_?_T2_ 4l~::; -+ qyU I q::;1 I ~- CONNECT TO EXISTING / WATER MAIN WITH TAPPING / SLEEVE AND VALVE. ~ ."~'---", '\. '\ '\ \ '.' \ CONNECT TO EXISTING ,. <:\\ \ FORCE MAIN WITH TAPPING \'.\.\ SLEEVE AND VALVE. \\ \ ' ._ Ii' - \-. ; ~----------~---~ "0 -______=. 1 ~ -------'0='=',:0:.=__----- \ ',- I , / , t ..-' EXISTING WATER MAIN --~-------------- .../ EXISTING FORCE MAIN ___-c_______________ g N .,-- - j- - - - - - - -,- - - - '- - - - - -- - "-=- RIGHT -OF--WAY I :.J~MASTER WATER METER ~ -l I I 1 \ \ \ " ~ z o ~ u "' z z o " t ~ ~ o ~ ~ ~ ~ , o ~. , , ~ ~ ~ : ;j, .- I.' , o N W ~ ~ o -: -0 2: V -0 " \ I \ \ b f \ ;0 I \ () f \ r'1 \ ~ I \ I \ Z I \ I \ I I I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ HIVI HOLE MONTES !lQflJlSftIIfIRS._ ~ .-' ~ o o N .-' I 950 Encore Way Na)'I.., fL 34110 Phano, (239) 254-2000 Florida Cer1U1cate of Authorizatlon No.1772 UTILITY CONNECTION NAPLES MOTORCOACH RESORT PROJ(c.r No. 2005.144- DftAi\'N'IIY; c"p f1L[ NAME:; AF.H. OS1+4OOEZ.ON DATE: [X/ilEllT - lTO~ 09 06 UTll CONN Agenda Item No. 8.1\ November 27. 2007 Page 69 of 190 2007 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P97000077469 Entity 'Nam.: NAPLES MOTORCOACH RESORT,INC. FILED Apr 20, 2007 Secretary of State New Principat Place of Business: Cummt Principal PJaco of 8uctness: 91320 COOURG INDUSTRIAL WAY COBURG, OR 97408 US New Malltng Address: CUlT1lnt MaJllng Address: 91320 COBURG INDUSTRIAL WAY COBURG,OR 97408 US FErNumbo( Ap(oIHl-tl For { ) FE1Huf1'lol14fKo(~r.l.f( c.rtiftcat. of st.ellA. o.sn.d ( ) \ I fEl~ifl5~1C11441 Name and Address of New Registered Ag~nt; Name and AddflfSS- of Current RcgJs.tered Agent: CT CORPORATION SYSTEM 1200 SOUTH PINE ISlAND ROAD PlANTATION, FL 33324 US The above name-d entity submits this statement for ttle purpose of changing its registered ofTioo or reJ)isterecf agent, or both, in the State of Florida, SIGNATURE: Eiectronic .Signature ofRegistefCd A9aOl- EW:tIon c~ Flnl'lOClng Tnnt Find Cootrbution ( ~, --6a~---- ADDITIONS/CHANGES TO OFFICERS AND OIR.ECTORS: OFFICERS AND DIRECTOR.S: Trile: f\ll;l/ne': A.ddl-os#; City-St-Zip: ...... -: .........: aty...S'-Zip; TItle: N..."" Jl.d<i-e~: oty:-Sl-ZiD; ......, ....".." Adchl:$e: Oty--Sl-zlP: < ) Chal'1go ( ) AdcilJon P ( ) D.leht HENOER.f",.oN, EV5REIT R JR. 2.wo CRESTMOOR RON) ~llE,TN 37215 TIt!.: NI!IITW':: Addros.~: C1ty-st-Z1p": Tn ()Dttlllt~ ~EY. P.A.U1.. M 91320 006URG INDUSTRIAL WAY COBURG, OR 97406 -: Nal'l'lfl: .-..ddrdn: CifywSt.Zip: -: -.." ..........: Ctty-st..zJc: ) et.nge ) Mdtion ) Ctamo& ).Mdtlon so { )o.t.. K1M&J..L.(:;Hf.RLES 91320 COBURG tNOUSTRW. WAY COeURG, O~ fl7408 D { )o.Hne NEPLn"E, JCJHII W ~'320 COBURG INOUSlRIAt WAY COBURG. OR g7408 TItle, Nam.l: -: Cfty-st-Zlp: {)",,",,""l)"""""" I hereby certify that the information supplied with this Wing does llot qU<l}ify lQr the for the exemption stated in Chapter 119, Florida Slalutes, t furtller certify that the information indicated on lhis report or supplomental report (s true and accurate and that my eleClronic signature shall have tho saIne legal effect as if made under oath; that I am an officer or director of the corporation or tile receIver or trustee e-mp,jweored to eXi;'cute this report as required by Chapter 607, Florida statutes', ~nd that my name appears above, or on an aHaGhm~ltll with an address, will! all other like empowered. :rtl 04f2fJ/2fJ07 Date SIGNATURE: PAUL M. DALEY Electronic Signature of Signing Ofllcer or Director n.j\'i,i#ti;t~rCoqibr,il.jQIj5 Agenda item No. SA November 27. 2007 Page 70 of 190 -- -~'.~--- ....--_.,.....:~-.---:---.,--n~,~.";-:::,.::.~~...,,.~._~.:y:=-~c-:;:,,-::-::.-.'.-,.."':':,,-~.,...:----:-.-:--.._.::"-:;-._:::c, Floridn Profit NAPLES MOTORCOACH RESORT, INC. ".. -- ----..._~...__._-_. _____.______.m PRINCIPAL ADDRESS 91320 COBURG INDUSTRIAL WAY COBURG OR 97408 US Changed 04/26/2004 - _,______.__ _.________... ..___w_..,...__, -----.-."-,.----. MArLING ADDRESS 91320 COBURG INDUSTRIAL WAY contJRG OR 97408 US Changed 04/26/2()()4 Document Numtwr /'97()()0077469 }l'EI Numbe,' 6510] 1441 Hate FHed 09/08!1997 State FL Status ACI1VE Effective Dliatc 09/05/1997 Last Event NAME OlANGE AMENDMENT Event Date Filed 01123/200] Event Effective Date NONE __"_"___U'_'__~_.,_. _ _..__ .._______~______________. ._____ L I I I Registered Agent Name & Address cr CORPORA nON .I)VSTEM J1tJO SOlrrH 1'1NEfSLAN[) ROAD PLA:-\TAf]CJN n. 3JJ~ij ~""mC' (ll~r\l!~d: 03/H..-1003 AddfCS~ Ch~~fed: OJflOf,WO,? :=J ] I -~ Officer/Director Detail r- comllw OR 1)7':h')(; II Title I ~D -~c:J li I Name & Add,'css HENOERSON. EVEltF.:rT R JR. 2400 CrtESTi\t{10R J{OAO :-::,\SHVILLE n~ 37215 OALEY, PAUL M 9lJW (DRl,){G !NDL'STRIAL \VA Y KIM(I!\LL, CllAJU.ES '>1 no COBt:RG INDUSTRIAL \VA Y http://www.sunbiz.orglscriptslcordet.exe?al ~DETFIL&n 1 ~P9700()()77469&n2=NAMFWD&n3=OOO1 &n... 5/312007 i\genda Item ~~D. SA November 27. 2007 Page r, of 190 Division of CorporatiOlls COl]UJtG OR 9f~(lli L.-.:~)_~ JC:--J I _ c CQlIURG DR 91401\ NEl'L:TE, JOliN \\' <}IYWCOlllJRG INDUSTRIAI_ WAY Annual ReDorts L____-" Report Year IL_ Filed Date -I 1---.----- '"'"" If" o."n~'o" --.J L__ 2t/i)') ___ .JI Hl.li3/201)(. :J L lM7 =:IL. 0.c1l1ll/2IiIl7 =.J --------. ----'J-' L__~~vious l~mnG._ U~~~~f"in_LJ I Rl!tum to List. Vi~.w EY~llts View Name History Document Images Listed below are the images avaiJable for this filing. lMl20.f2QQ7.=AN1'lliALll.llI'Ql!T litmLZPill.=l:!M!lti::hl\!lllll 1 OIJJf2J)9~I\N-.!:lliALB.ill'Q.Il.I \1'!IQSOJ1Q9"~AL.REtQRT !Wl!1aQQ~IiNUAL REPORT 04126/20.0.4.. A~~ omDa.OO3 ANNHALREIDJ!.I 2J1p3no03 Reg A1:zent Cham'o !l2IW2002 Alllil!A1J'JlJ>QJl.I QlLUa~.ANllliA1.&El'Qjl.I olma~ Q1ll&tlilOO ANNHAL.EEroJIT ]}W1999 Alill!lAI, llJlEQB.I o.31.lli122~..=-AilllliAL1J.ru'QRT 09/Qm22].=l).9!!,cstic P.rofit Articles TIllS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLK.'T htlp://www.ounbiz.orwscnptslcordet.exe?al=DETFIL&nl =P970000774<i9&n2=NAMFWD&n3=OOO1 &n.. 5/3/2007 livision of Corporations Agenda Item ~-jo, 8,11, November 27. 2007 Page 72 of 190 NAPLES MOTORCOACH RESORT, INC. Document Number P97000077469 Oat. Flied 0'110811997 ,Effective Date 0'110511997 Status Active i~ iE\TN'J TnT I 1___,__..-_ 11~' "I' ('11 A ,-}( 'I' !-u\ c ." '... ., ," FlLCD DATE C fTE:CT!\"E flAT!': DESCIUPTIO;\' 1 I OI,LV]OOI OLD N;\:vlE WA,~ UUTDOOH I~ES()]{TS OF N ,\PLES, iNC A;vll.:~<r))\'IENT AA1J~~.;n:vlD<T 07:'}."/)(I(I{/ THIS IS NOT OFFIClAL RECORD; SEE I)OCUMENTS IF QUESTION OR CONFLICl ;(,,0'( ,:;;",C't).;,;;, :..'5'i~:.;';:it~d..f\w "'\""~'l{B"urq :lOns.":""tt<'t:iLh'M~ '_:'~~~~i~/~5r~}fr';?c~~1i?~Wf?~\1}':~~~~J;!a}",;J hUp://www.sunbiz.orglscripts/corevt,exe?aI ""DETEVE&n I =P97000077469&n2=DOMP 5/3/2007 )jvisiOl,l of Corporations Agenda Item No. SA Novembel' 27, 2007 Page 73 of 190 ForeiGn Profit b MONACOCOACHCORrORATION "~--- ._--.---- ,., -~--~-<~. ._-~- ~.~..,._..-.~-- - __0....___'"______'.' __.__ PRINCIPAL ADDRESS 91320 COBURG lNDUSTRlAL WAY COBURG OR 97408 US Changed 08/0611997 '._-,.,__ ~_, ._ .,.____..,_...._.,._~__....._m'_ --'_...,._~_...._.-.__..-..-..- ..- MAILING ADDRESS 91320 COBURG INDUSTRIAL WAY COmJRG OR 97408 US Changed 07/0211996 Uocultlent Nwnber 1'930??oo2303 FEI Numhu 351SS0244 1)"1e FlIed 05/14/1993 State DE St.tUI ACl1YE Effedive Date NONE Regl~tered Agent Name & Address 1 I C T CQRI'ORATlON no!) ~(}l1T1l1'INE ISLA;\'D RD. l'l..\NT ATION n. DJH OfficerlDirector Detail C'. Name &: Addr?ss _ __C':~!!I_l"_] l' \'ANOL.,ml:r<O,"OOlmA" ~[--"~'I 1....__._ 1 lib ""OMA'; 1I0U"d" nt.'",," "" ~j J) 1....~~~~~=~==.':I<>~~~~;:;~~~~~::).'~~~ ---=~=~~-]L~ ~~_. ' 'nllo j"QrJURtI t<!)U~trRI."1. .....^); J' . .. \'f~li_tmO{)Kg.74~__ __.,_ ____.__, [ ROl,,,,,, Rldri"'", I ",:-l 1~jOtlS^~(JbA";SCA.'jU61'1 ~ [ - ':;~~;;~" - ..... '~] i----..... ... ...' I http://www.sunbiz.orglscriptslcordet..exe?al =DETFIL&nl =F93000002303&n2=NAMFWD&n3=OOOO&.. 5/1412007 Division of C01l1orations Aaenda Item hJo. SA I~"ovembel 27. 2007 Page 74 of 190 T{)l>LSON, KII Y ') UUl com;!w INl1USTR1Al, W.>\,'I:' CllllllRG On 'rl<1lJ;s l-=J ~8 [ ('UflUI{O 0[, 9-;.108 IMLEY, r,UJL'\! ',[12U ('()fll.'ltG J~D\;ST!{IAL w.~ y f\.1lI1ual Reports L__~__. RCr>OI.tyC"'=:]C - Filed Dote l__==-~~"-,-'~-- .~-~___~C_, .-- 1)~YJ7!J(t,i5 [=--=~:~------- .:~__ _ ~~--_._JL- (1~-tJS..'2(1(!I,' r--_'-~--~----"~7~-----'--JI ().ii"2-O!1007 .~~J --:~_ _-_I --=-=:J l ~-~-----_.._---------~--- ---._--~------ '.---..---.---------.- .-----.-...-----.------- 1~';;,vic:C,sf'ling.-J j--RelUnliOli&tl No Events No Name History InfoIDJation (---i"oxtF:jjing- _I ---.---._~......_---- Document Images Listed below arc tbe images available for this filing. Q<!12.Q,1;!.l!Q1.",_,"-NNUAL REPORI lMlQ).L2QQk.ANtl1l.AUUlI'.QlIT W.7.l2Qllk.bW:illAL..REl'.QJIT ~ Q.5LQS12Qll3 ANNU.II.L.RElro.RI 0212li2902 -. ANl'jUAL REPORT !lU/Q/2001 - ANNlJAL.BEI'Q!U 00lm~Rl: OQili/.ll'22.=ANNlJAL REPOIIT 01!21Ll22ac ANNUAL..IWff!1IT m!lOJiLl.2.21.:- ANNUAL REroRI lOlLL'l9&..:: ANlillAUillPPLT O..8llJ1LJ.29bAl'illllbkREPQRT THlS IS NOT OFFIClAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.orgiscriptsicordetexe?al =DETFIL&nl=F93000002303&n2~NAMFWD&n3=OOOO&.. 5/1 412007 ~ -0 " .(...... \. \.\ Agenda Item No. SA November 27,2007 4006894 OR: 4211 PG: ~3~'575 of 190 RlCORllBD fn omcm mOiDS gl CllLLlI1 Cllllm. PI ~\111/1001 at 11:11AK DilGBT I. BIOCI, CLIRI COIS 8001000.00 DC tl'l 52.50 OilC- .10 5&000.00 This instrument prepared by and alll.... recording return 10: Retn:KICHILLI H1ClI llJiKIl SIITIIII11 PO 801 311l TAMPl rL 11101 1111 Timothy M. Hughos, Esquire AKERMAN SENTERFITT 401 E. Jackson Street Suite 1100 Tampa. F10fida 33602 Telephone: (813)223-7333 -~AOO'V{lljlSllNt-rOH~[M.T.-.r----~'----- THIS WARRANTY 0 as of the 19th day of April. See Exhibit "N attached hereto and made a part hereof. TOGETHER WITH aU the tenements. hereditaments and appurtenances Iherelo belonging or in any way appertaining. TO HAVE AND TO HOLD the same unto Grantee in fee simple, forever. tTP2&.%<Jt:2l , Agenda Item No. SA November 27, 2007 OR: 4217 PG; 33~sge 76 of 190 . AND Grantor hereby covenants wilh Grantee: (1) that Grantor is lawfully seized of the Real Property in fee simple; (2) that Grantor has good right and lawful authority to sell and convey the Real Property; (3) that Grantor hereby fully warrants the tiUe to the Real Property and will defend the same against the lawful daims of all persons whomSQe~er. and (4) Ihat the Real Property is free of all encumbrances, except !axes and assessments accruing subsequent to December 31, 2006, and is subject to zoning, and those matters described on Exhibit "8" attadled hereto, provided, however, reference thereto shall not serve to reimpose same. Wherover usod herein, the terms .Cramo..- and "Grantee"' shall be deemed 10 i"dude aU U16 patties 10 Ihis W3fTanty Deed and tho-heirs. lagal raprosentalives and assIgns of indivWuals :and the successors and assigns of corporations. The singular shan be d(,.>emed to include the plural. ~od vice versa. 'Nherc the context so pemlilo;.. Signature P7/i L.., Sig lu e ~$ Print Name: L, ~(l '-~1,tt- [ACKNOWLEDGEMENT ATTACHED ON FOLLOWING PAGEl ITr1:84b91:11 2 STATE OF FLORIDA Agenda Item No. SA November 27. 2007 Page 77 of 190 OR: 4217 PG; 3357 COUNlY OF COLLIER The foregoing instrument was acknowledged before me this -1Z!!:day or April. 2007 by Jerome J. Guidish, as President of GREYST<{N}', PARK MOBilE HOMES. INC., a Florida COrporation, on behalf of the corporation. He ~ personally known to me or r ] has produced as identification. Notary Stamp 1Tl'1l!A69Ul e. lJS.\RaEeSMm . -, IWo - .. <It Fbilo . c--..e-. c--.. Ilondo.t . 3 Agenda Item No. 8A . November 27, 2007 OR: 4217PG: 3J5rlge78of190 . . Exhibit aA" Property legal Description Parcoll Commencing at the Northeast comer of Block l, HENDERSON CREEK PARK 1ST ADDITION, as recorded in Plat Book 8, Page 41, of the public records of Collier County, Florida. said Northeast comer being the intersection of Ihe Southwesterly right-<lf-way line of U.S. Highway 41 (Tamiami Trail) and the Westerly right-of-way line of Henderson Dive, run Soulh 00 dog 41 min 40 see Wesl. along the East line of said Block L. for 236.61 feet to the POINT OF BEGINNING; thence continue south 00 deg 41 min 40 see West, along said East line. for 641.92 feet 10 a point hereinafter 10 be known as Point "A"; thence run North 69 deg 24 min 50 see Wes!. parallel with and 65.00 feet distant from, as measured at right angles to. the Northerly right-<lbway,ii1JlrQ onderhen Drive as shown on said plat of HENDERSON CREEK PARK E ~)\not>m9ttJR~ 15.12 feet; thence run North 59 deg 28 min 27 sec West, for 1 A , ; ~~Qft 9 dog 24 min 50 sac West. for 305.00 feet; thence nm Nor1 69J eg 17 min 06 see >Nt} .\1 dicated on plat as being North 29 deg 28 min 46 se W tq-alongib~W~ 'ne of ot~' Block J of said pial, for 126.23 feet; thence conlin e t, ruH'WortpJ eg 06 se We t. for 207.47 feet to a point hereinafter to be known a P ~~~~m' 1 g. min 37 see West, for 45.00 leetlo a point on II e 's fin 0 s id I ; ru along said Wesl/ine, 19624 feel along the arc . J ~ ~~ e rt w $\;< aving radius of 2854.93 feet and sublended by a ldr having aTEmgth 0 ~96.2 f f!JI d bearing North 36 deg 05 min 14 see East; thence (l~ uth 54 deg 20 min. ,s cst' along Block l, for 798_33 feet; thence run North 00 de:y}~~in 40 see East,.~~~ ck l. for 81539 feet; thence run South 54 deg 20 m n(~~ ['ast, for~e 10 the POINT OF BEGINNING_ :;; );--..____. (^\)\ ',.zrr: erR' / Parcel II ~. - -'- A tract of land being part of vacated Blocks A and B, HENDERSON CREEK PARK. recorded in Plat Book 6, Page 8, of the public records of Collier County, Florida and being described as follows: From the Northeast corner of said Block A. run North 54 deg 20 min 16 see West, 426_38 feel along the Tamiami Trail for a POINT OF BEGINNING; U)ence SOUUl 00 deg 41 min 40 sec West. 1052.00 feet; thence North 54 deg 20 min t6 see West 796.33 foot to the centerline or a County drainage easement, recorded in OR. Book 76, Page 127, of said public records; thence 690.95 feet along the arc of a curve, being the aforedescribed centerline of said oasement. concave to the Northwest, having a radius of 2654 .93 feet and a chord bearing North 27 deg 11 min 40 see East. 688.37 feet; thence North 20 deg U:glil dc.scriptioo 04tuinoo from Chic~o Titk- lruUrvlC( COI1VV'Y ('~tmcnt No.l00w)Il14, Oat(: Erfct:tNc: July 11. 1006 ~:July16,]~ nr28469I:lJ " OR: 4217 Agenda Item No. SA PG,N"iVJflPer 27,2007 . JJPage 79 of 190 16 min 12 sec East. 187.96 leel along said centerline of easement to said Tamiami Trail; thence South 54 deg 20 min 16 see East, 346.67 feet to the POINT OF BEGINNING. Parcel III A portion of Block l, HENDERSON CREEK PARK 1 ST ADDITION, as recorded in Plat Book 8, Page 41, of the public records of Collier County, Rorida, more particularly described as follows: Commencing at the Southeast comer of Section 3, Township 51 South, Range 26 East. Tallahassee Meridian, Collier County, Florida; thence North 89 deg 24 min 50 see West, along the South line of said Section 3, for 60 feet 10 the extended centerline of Henderson Drive; thence North 00 deg 41 min 40 sec East. along said extended centerline and also the centerline of Henderson Drive. 6~~loj1l;t~~rs.eeclion of Sonderhen Drive; thence North 69 deg 24 min 50 see Wes ,.ar~\itlit.cerlt~t1it1e;o Sonderhon Drive. 50 feet to the West right-of-way of Henderso. Qlj~;-"fI)ence No 41 min 40 see East. along said West Iight-of-way. 973.53 fe fu1t(e Soulhweslerly rig f-W{lY of Tamiami Trail, U.S. 41, to \he POINT OF BEGINNI G; 11~.Q.1/ 20 m 16 see West, along said Southwesterly light-of-wa lin of i'!imlllf1!i fuil. 0. . 41. 4 8.3 feet; thence South 00 deg 41 min 40 see West. r 6f'\1~; min 16 see East. parallel to Tamiami Trail. U.S. 41 for 2':3BI t; d 9 1 min 40 sec Ea~l. 236.61 feet to said Southwester! M ~ I iI. . 41. which is the POINT OF BEGINNING. t,--\ -.... S \P 0 ,h"~ (, Parcel IV ; \ 0 ^\. './.' ~;-:uc0 Easemenl interest for conslructioiNl lfd@i@'~ee- of a sewer line(s) and ingress and egress for tho purpose of maintaining s I sewer line(s) as set forth in lhat rertain Easement Agreement recorded at O.R Book 588. Page 458. of tile Public Records of Comer County, Florida. as affected by thai certain Subordination of Easement lecorded at OR Book 1401, Page 1101, of tho Public Records of Collier County. Florida. U:2.1IkKriptiot> fObumrd from ClUca;au Tille Jnll>lWltot;C(,l!'lV'">>Y CCJmQlilJn(nl No. 20060)&7A. Due EJt<<tjyc: J<<ly J 1.2006 P.evmd; Jll~)l26. 2006 lTf'lU69I~2J : Agenda Item No. SA Novemb1r,;;7,2007 *** OR: 4217 PG: 336>8gl>l'il{)of190 Exhibit "an Permitted Excoptlons 1. Taxes and assessments for the year 2007 and subsequent Ye<lrs, which are not yet due and payable. Navigational and drainage easement running Northeasterly and Soulhwesterly along the Weslem boundary line of Parcels I and II of the Property as denoled on the plat lor Henderson Creel< Parl< 1" Addition recvrded in Platllool< 8, Page 41. Pubfic Records of Collier County, and aU other matters denoted on such pla~ as well as all other matters denoted on the plat lor Henderson Clee!< Parlt recorded in Pial Book 6, Page 8, Public Records of Collier County. AOlida. but spodfically excluding any other navigational aoo drainage easements shown on either of such plats. (as to Parcels I and II) 2. 3. Drainage Easement in lavor 01 CgJJi6r~\y;-a~litical subdivision of the Stale of Florida recorded in OH Book 76, P <!;.1~R&bfic s of Collier County. Florida, which CClTects easement re~'rJ'o;R:1>OOk 67:'P ~, Public Records of Collier County, Florida. (as to Parcels I ~J~ Outfali Drainage Ea , t irl~a'"'l[ clUlli' nty, a I subdiVISion of lhe Stale of Florida recorded in .R. 5..-~ . s f Collier County, Florida. (as 10 Parcels I aoo II) U Oil and mineral righ ~ 1_ ly Deed recorded in OR Book 194, Page 191 fCllic Records of Collie . (as to Parcel II) '(fl. ;..,,) Oil and mineral rights, -..:~ right 01 enby, ros~! ~ j (' nty Deed recorded in O.R. Book 322, Page 225, P 1CCJ:~s of Collier ~njl:;. Frida. (as to Parcel II) '/., ~ _____--" 0:- Terms and conditions of Easem~~ljmi'lJor. slrudion and maintenance of Sewer ~ne rerorded in O.R. Book 588, P"!l~511~led by SubordinaUon of Easement recorded in O.R. 800k 140t. Page 1101.l>oth of the Public Records of CoII;.,r County. Fkxida. (as to Parrel IV) 4. 5. 6. 7. 8. Easement in lavor of United Telephone Company 01 Rorida, a l-1orida CO!]Xlration, recorded in O.R. Book 937. Page 1944, Public Records of Collier County, Florida. (as to Parcell) 9. Easement in favor of Florida Power & Light Company, a Florida corporation, recorded in OR Baal< 944, Page 625, Public Records of Collier County, Florida. (as to Parcel III) r~iiltt:d Exttptll'os ubt.Unb:1 fromChiCllJn Tille 1o"l.ll'WlCt; ~1 Commilmcnl No.. 20060)87( (}a~ EffC'dive: Jo'y 11,:w06 l\iCVi~: July 26, 2006 ITP'ZS469i:?1 , .. ~ ~ ~ .... rl:! 7 . I . ! cuu,,:, :: ::'17Y r ,'~'~ ~', ;--..22'1 Agenda l1em No. SA November 27, 2007 PageS101190 ."'" I' -'0 ,u. v' 9, fj.l~ I, I )/' This instrument prepared, recording requested by and ~hen recorded mail to: JAMES W. ~LKINS, P.A. suite 303, The Fairway auilding 1000 TamiaMl Trail North Naples, Florida 33940 RC,".:...) ,.'dt.O -,...... , 0' \ 'l. 1\\\\1 ~U& GaBRAL lIAIIIlJlJft'r DBED TREON'S KW IK SHOP OF NAPLES, rLORIDA, INC., a Florida corporation, the Grantor, in consideration of the sum of $265,000.00 received from JOSEPH J. GUIDISH, the Gx:antoee, of "- ~ 1.3300 Bast Tamitlomi Trail, Naples, Plorida 33942, heroby, on this ~eptember 1982, conveys to the Grantee in fee simple the reaL property in COHie,V-cO\i"~e~"'s.~~ibed aSI A portion of BJ.,&J~"L~-1iBIt1ltRSOF"CR-E.'i~~';-'Lst ADDITION, according to pt~ '~...P1'at Book S, page ~-I'O}e-"pactioularlY described aS/f~~11 . .. . .~.-.. commenClf/at t. e~l.l.t.hea..a.t corner of Sect) on.3, T wnship 51 south, Ra ge 2 E~~l' T&ll'aha-aaee.....M.,eri ian, llie County, Florida, hf:'nce N...4t9'ti~,.V50" w. along t e South line of said section fori 60 feet to\!:.be e tended enterlin of ender- son Dri e, ~h>.n'E:e:,'N~ P'O?'l"'<~ . '1'~ -tt>em'd e tended centerl ne "rid 15,\\ efcl t r 0 \en_tile 0,1 Or ve 600 feet .t~ th.~. (>.'n~rs~t~on~Of Oir e D~e, the'nce N. 8'9024'5 . w.l\al ng t e ee te 1 n F-tf{ S de he D~i e, 50 feet to t;J\""e 'W-es \.._R.i~li - -l'l'ay.; 0 ders D iV"~ nee N. 00041140 "-E/ hibn.g:::;sai ""w. tv'Ri.. t-way .3...:53 f ,e~ to tbe south.".es f'j'1\ Ri9ht-of-way of Tami Tra!, 0.. " to the point. of -~gi ningJ 1L(.\^..l.-....:: \.,-). .,JX~t~..j Thence N~~-l.F~~'H. W. aLonq. the saia~i%"~~W9.t..~y llight- of~way ~i'i.o.,)1':". m1am> TrH1, U.S. H. ",$. If.f:e" ,thence s.. 0'41'40"\\(. f .236.61 feet, thenc .\.-S,Jt 20'16" E. paraHeL to 'J'.a,mfaJ, ~ail. U.s. 41, for.fi~~8 eet, thence N.O ll'41'401t E. 203"6;1+' t=~-t...to the SZli..d~..pdl:.~ terly Right- of-Way ane of '*e Tg>m~-.'1 "I~.tr1':r;;l.t.'S\.Jp. which 15 the Point of Begi nning ,""~l.lf~.rJ.~o~~~\:~.:.?.~J..dti. ~,------......- \,n '-" Q -5) ~ ,. r- and grants to the Grantee all appurtenant caseTt'.ent(s), if any, ~ ~ ~ 1 and covenant(s), except as provided below, that at the time of delivery of this ap.ed; 1. the real prol?erty is free of all encumbrances; 2. lawful sei61n of and good tight to convey thE ~eal property i:l.re vested in the Grantoe (6); 3. tbe real pLoperty is not homestead propertYI and 4. the Grantor(s) hereby fully and generally warrant,(s) the title to the real property and .....111 defend the same against the lawful claims of all persona WhOnl60evet. However, only actual damages, not to exceed the consideration sta.ted a01Jve, may be recovered f1J[ breach hereof.. Thi s deed discharges all of the obligations of Grantor{s) under the sales L L a ;;0 CD <=> a :;><: <::> "'" <::> (Q co co '"0 l> "" ,." <::> <=> "" ... .... , ,. contract, and Grantee(s) AhaI! hereafter rely only upon th~ covenants contained herein. This deed and the real property are subj act to; 1. Oeclara tian., condi tions t r &s& rva ti ons, r estr j ctlona, limitations and easements 8S listed in a title opjnion given to Grantee(s) or in a SchedUle of exceptions to coverage in any title insur4nce policy insuring the interests of Grantee(B) in the property, or of tecord, or which are visible, if any, but this provision shall not operate to re-i~poBe the same. Zoning and other governmental regulations affecting the use and occupancy oC the real property. Taxes and aG8eB6~ents for current and subsequent years. PUrchase money mortgage given to Grantor(a) by Crantee(s) herein to B~CUre the Bum of $200,000.00. 2. J. 4. Signed in th e pr eSe-nee of: (Corp. Seal) TREON'S KW IK SHOP OF ..-_----".,Pr;'~..,....!~ORIDA, INC~,,' ~ \ ~lbRCOrJ'-'~ / " ~~ 0- ~~;./---sy:-..:~tv)')<~".-. ~1 ,'.i . 0.' (! Its .... .--,\. / ~~ ;:j;" i-,-' ~ ',- \ l.thess,' I I 1'c} ---_..f'i ,'.' .'" -"".....". Attcel: \; "'U ../ '~.'.,..' ". I i~::-1 -~":, .\ I ( ("\.!/ '.'J.A.... ~ . ,'~~- Ii 1<:.;\.:1,- ,.1. (j~~" .ILl V Gr. tor. Ii \h.'",~ '-Ie, 'co,, 0'~ \ 1 \ (") \ (e::' ,".v'" c' ,,' /:..... STATE OF FLOR~C^..; \ "".""'11 m )~Il:~. 1, er D. ;."... COONTY OF eOL '{~:~:\ \ bY. )11. ~. ",,0 I her'.ebY..-oi-c'(rtlfy that on tll1.5 dti', ,~e orff m~.i Notary Public dUly aue,~r9'T,\.z'ed in the state and ,i!ntpr -6ied <1.bov to tak.e ackno""ledglIle,n,t'p~r:Retsonal1Y appeared _ . , , to me known to be\..,the(o;...p~tson describod as Prqs1.d r'C/of TREON'S KWIK SHOP OF NAPLES.(tFiJg.k'I~A, INC., n FloS~<..~,q~.dratiQn, and who executed the fore9:~3(h9' .Wl!'N.4nty d~e ,......i,n...;tllE~\,l).alne of and for that corporation, affik~~g ~~..F~~~a .~;p,al'~~/€hat co~poration: that as such corporate of~(coF.1t '!Lt(pe .f.\?c. '-i~."..euly authorized by that corporation to do so; a-rrd....t-i..~.:t:h..~.E.of'e;going warranty deed isthe act ancl deed of that corporation. Witness my hand and official seal in the county and state named ab~"'/AllPSt~il;j' ~ September 19B2~ ~",~\s ",. r I rl.,.,~~, f~~~':'-"'~~."':'~ ~)\ [ (~<>tg~rJe~~) j V/:~~~i.~)>~ "~''-'''' lir.R\\l~' ,\.",.,. "011'1,,"11' H,.:.-r', h 1.,_ <.I'.:r.: '. . 1" " !'1'~ Del"tv'!tf'rgO'.,and:.,~eptance of this deed by the Gcantee is hereby acknowledged. / , /- - Date: ,,,~.,. ~ ,';",. ~~ tary PUbli~ M commissio expires: ~ /~.~' I /' ,./ /. .~ 0/1';,/ j / ~/.. treon.w/d(OfI9.17.B2 ~,. ~. 2 L Agenda Item No. 8A , November 27.2007 Page 82 of 190 C> = ;0 "" "" = C) '" C) Q;I :>< Q) "" <:> " ,... N> "'.... m .... , ":, -: . . .01.823156 llro~nUllTY IlF'CORDEO PRM :1_ 'rnet.:r:uNII1't Pr~pa.J:'Il'd.'bY1 aul ~. "~ve~u. K~q. DOC 2UO Qol6an OaU hrltw~y INT_p, o. a~ 8117 INO_ Nap1u, J.")orl.,Q. JHU..Il1.).7 K1t;hQUt. OPiniQI1 &14 Witho,-,t bllnetit or ~~~10~t{~~ Dr ~~~16 /, ., , OUl94lJ OR BOOK 941'1AllS PH12.03 ~ 'rUtS' QU:tT.C1.I\IM t:>nD, 6XL'::~",.;;ea chiD J,lith. day ot May, 1!.1$4.. by <JoMpn J. Guidhn. tndi~idu&11y and ~o Truote~ QRANiQR. QRANTOR, ~ith ~~ll r~nr and Quthori~y Ilith~r tg prCt~ct. con8e~Q, ~n~~Qrl n~ll. convny. .or bo oth~~i80 mAnag6 ot dinpoee ~t thb ~e41 p~op8r~y de~~ri~d h~~ci", to G~tsTO~~ p~ ~BrL~ H~S. t>>C'j ~ Florida aorpor.~eion. GRnNTBII who~o POQ~ o(flce ft~drenn 1ft ~3]OO E. T~i~m1 T~~ 1. Napl~6. F~otid(\ ):I:9H. tb4~ th~ Q~td GRANtoR tor and in cOft~ide~Qtion of th~ ftUW of T~N DOtLhRS and othol:' gOQd aod .......J,ucbJ,tt cOl1l1'iduntiolJ1f in h4.l'ld pa..1d by ~1lI fidel QRA~fMur. t.ha 1OlIet!lJ.,pt . ~he~oot ~R h6~6by aQknQ~led90d, do~a h~r~by ~em~9~. ~ele6~o. an~ quit.cl~k~ un~~ tbu 'Gie Q~&5 fQ^eV~~. ~ll the Tigh~. tl~~o. intere~~. OAftt. bnd damanrt wh1eh the ~nid O~ haD i~ ~n~ to th~ fQ~lowl~9 de~cri~d lot, ploee O~ pare61 of l6nd. ~LtU6tO. lying an~ ~Ging in the CQun~y of COLLIBR, Scate 0% rlo~~d&l to ~~t: ~~9bl de~c%ipt~on au ~ho atthQned Sxhi~it ~h~. 'tnx FollQ. No, 'TO ru'NB Nm TO HDU;l t::'ho .8ll11'iO llogat.'hoX" vith aU nod sin9'\llooX' the ol\Ppu~tanAnCell ther6untO balongins or !n t!lnywaYR Appn~t.!~in9. And all the qDt~~~. ~~ght. tl~~a. LtH;!!'~(\I(l't. l!~l'&. eq..1ity 6.o.d ~ll;l.;lm \lhllt:.~~ve1' or the IlI\J.d GSl'NiTO~. b~tho'( in ,hi,,,, QT. equ~~y to thD only proper u~e. b~nefit &~d behoof DC tho ~Ai6 QRANTR2 tO~GVe~. ~DWiI'OR. und "CHUIN"!''cn''' !l.re uRfold fot: Id."tlgvlA;r: Ole' plllt"I'lJ.. .dR t.h(1 context. m~-y ),..~quir6 . tN WITNXQS WH~~OP. ~a!d G~OR hns he~ountQ ~~t GRAN1O~'S hand ~d ~~~l ~hQ day and year tir~t ~ove ~tceon. gtgn6~, <<a4~6d ~d ~~liV$;r:6d in ths p~~ft~~ce of: fl4~v t:)1,l(lil:r' MIS l\& M'A.'r1; 011' FUlP.IOA COUNTY or ~11~ I HtREBf CERTIFY tho.t ~ thin d~y, bs~oX"e m4, an o!!ieat ~ly authati:~~ In the Stat~ a.to'resdd And in the CoU1lt~~~~~r : ~ llcknQwlrt.dgment.ll. perDl;mAl1.y appearad ~o<<e~b J, Quid!~h. ~ho ~PttrDonally ~~~ t roo to b& tho pl!l;r:oon d6m~~lbe~ 1n 61'ld who tl~l!lO\.ttl!lt1 th., to:(O~olr.ig""1t...lu 041,(1,4 Iltld I. 4(:knOW;l.edgQd bl!!tfQ~ Ule eho.t. he 6x~cut(td. t.h(\ f1M\fl1. OIlt;0d thb 1'1'.;1\ da.y of M4.y. 1'94. , ~t.iI-- No ."" ,""Lt. fl.. I t 1/,.,,1'1/\0') My CowoJ.rHdon R)q;Iirlltl: " c~~i~n~on NuMbor: --- ti' '. . , . ~ PAIA.K. f1ElJl:IlM.\M IIoUrlP..olte.Shttts1fl t1Jec....t~,.1I'tlca. 1.ms. toIoIl.l'Cl.ct)~ _&RelamTo: 4Pau1K.HOUOOMn KoIY,-.BI<ot&H-~ , P.o,l!<>(8117 NIpIooo !'tS39-llo/ltt7 Jlel;cf\'tld S_./~~':.10CIC:::'ltfrr St.l\l!lt\ Tillr R~~t\teQ S I 0\", 'C. lnl.an'Pb)e " p. Pmo., I II'v~"t1 tax OHlO"1 !. Of:X~. L'.r.";~ or C ..~ll COURT at D.C. PUDZ.2006-AR.j 0648 PROJECT #2006060057.DATE: 10113/06 KA Y DESELEM ..__...,..n._~" ~\.'. Y i09/2006/TUE II: 21 AM LOU. ,RICKSON, P. A. FAX NQ, 239 353 \8 Agenda Item No. 8A November 27, 2007 Page 84 of 190 p. OC2 ... ,\j .e.,l;{'''t ~<'..Qc\ ,t " . 01.823156 :-.IUT 18 fll~03 ;~" G~I!cll'......... ~........~~pRDED ..~.;: .aul k. Mt\Nlrun.. bQ. 41~_ .uu aoltS&D Ct..1:. ".rkl,i:~y oi:1 -11. o~ .ao. 111'7 ""'1__ ~:1..... '.)01'141, 130'&1..'11'7 lo'i~DUr. q:tialco II.Cld V.lt.bOl1t; 114Ntlt;: of ~oa~lQD ct T.l.r.le 001948 III BOOK 001252 "";E CO%'1'-.............. b~ 'nUS Qal':'.C1.Jl.D( m:::%l, ~cuull Pli:!.. 11th c1a~' ~t __Y. .15"". :by Joa.ph,'J. Guiduh. ind.h..i~lly o1l.D4 ... 't'rusu... ~. ~. v.l.u- r:l.alJ.. poWlr &.a11 ,,"ut.hor.f.1:)" Ilhh'U" r;o prQt'="C't. CClQ.aen.., 1IIZ1~Z'. ..11. C'C!GytlY. ~ tllll D~i.. aulaSl'_ oz: dJ.~D'. at ~6 rtal prcpltlt'Cy ~.~!btd httnlln. t:o OREYSTC:KI I'AAJ: _fur HtMB.S, 1'HC'., It FloriO. t:'<npCtr_dtm. ~. vbQall pen ofti~ ~.. 1_ :uaoo I.. -r-lud. 'Z'1'.il~ ~le.. J'1.orida H9H. That t:ha &aid ~ for -.nd iJ::l cDa65.d.lrrat'iaa. af" en. .1.1III C!" ':E2{ DOL1oJUI.9 _IS ot:h.r llClQd !lAcS 'lIal\1.&bl. CClI'3161nt1.0Qa b:l h&:clcS paid by t).w ....id G1IXlft'S~. t~ fi~:lpC. ..m.~.of i. hereby .cll;:Qo.,l.~. dotIa :iwraby ~.-1.., ~.1..... IWd VLl.l:I;-C'l.iII t.IOto the Nl11 ~ I'MaWlr, all the rlg!:lt.. tiel. 1J2,t.er68t.. Clab! UIotl lSIIaand. wi=- the 8a10 CRAln"aR ha.. 1.D cad 'too the 'f:ollcw.b.1# 4ear:rib;d IDt:. piece or ~~l o~ Iud. ..1tu.a't'e. lying _tJ: ~i' .:ia u.. Cmwty at ctl~ER. Itat;" of 'lodOa.. 'to ri~: Legal t!4.cr!Pt:1on an ehfll a.tt-.dUll!. ~lblt -A-. '1'ax. Folio No. 'l'O JlA'lJJ:: JlJ'm TO HOLD w. .... t:a;reoth.r "lth all aJl.tl w:iagu}.qo Clio. a,ppurt8aaDCU thel;'Cl,lQto DlilCICIg"i.a.D c:r 10 ~.Y. ~d'AiDllI. -.n4.11 UJ. ..tate. d.Vh!:. t.1U., int.:o=...t. 110ft; equl't:)" &Dd e14u.. \ItNItao..va.. ~ th. -.14 tmNflOll. ai-r..MZ' .1", la. 0:- ~1 ty 'to th. aa1~ prgpezo \188. beD.,Ut -.ad );;leboof of thII _:let o.RAIrl'ml ~o~r. re\u:LiE":~IUUtt'OR' ~4 -CJJOl.la'tI- ..r. \I..a ;tOll; aLns\llar bZ' pl1SYlIlJ., .. the CClftt:a2Ct ~ or VI~a ~p. -.....:ld G:R.J.N7OJt"'" b&T-.Il.D:lt:o aet: C\U\NrOR.'1; ~ _d ...1. 'th. Wry _d par t'J;r~\; Iabo.... vr1'tt.N\. S1gne4. ..aJ.lld &Il.~ dlaUYal:'olll ~. ia tbe pqaeac. of" I rj~~~t ~~. A )I" . i../,,~'n r=. ';;; . .~...' ',--......uy.""... w.~ . t'!Nc",ur M U rt+y ;a>rtl.1=.~ STz..:ta' ru n.oJU.DA. 0XDrn'. QJI' CQ.L.1.7U; .r.ldI;JlEZy.~".-tha1;':.f:llllI.th1a-day., ,bIl:ea~. .-e,..M_ cUl~_~(WJ.Y"'\lUlor.i.s.lt .J.ft..the. Sut. Uox..ud aad ia. ~ ~:=r:: tJ!; ~1~ta.. p.l!r.ezra,.],1.y ~~~ .:r_~ OJ. 0Ui4i.~, .~ ~ly la:KNzL _ ~o a:. tbtt ~"CIQ ....c:rl.hoo4 i.tI &Nl 'lObO ~cu.'t:ed. the tongo:l.Cl _ekDowl.dqruS botoxe ..,. l;JM,t be Q;.ewtod eM...... Da:t.d 'thh 16th clay of Vely. 1.99.~ . -- --U2Tt.1l-'.' ,-: . 01.8231 56 9~tl~lla PHI2'03 ~~~~~~'!t_.n' "oP.".~~?ROED aul K. H~VermAn. a~q. DOC ~uo Ooldl!l~ 0"\:.0 S>llrkW'I\Y INT -P. O. Bt;>>!: un INO_ "Ap.1.Uj tl'lodda. 31'U~B1.,l,7 l1'iehO\.lt Op,iniatl and. Wf,'Cho\.lt. Benefit of ~Amtn~tio~ ot T!t16 /. =.W>l.\UlUll Tltxs QttIT-ct.Jl,lM tH1SD, l;lxe.Cl\lt.ad chic )..6t.t\ ~QY ot MaY, 19~4. by aoonph. J, Gu!d:lsh. ind1v1dually and ~D 7ru8tea, G~R, ~RANTQRl ~lth ~ull po~nr ~d nu~hQri~y o1thaT ~o p~t~e~. con8a~G, ~n~~41 1\.11, ~onvay..oe to ot.herwise mAnAge or dinpoa~ of the ~~~l p~oper~y deacribod hetnln, to G~STON1 ~AnK >>OBTLE H~S. JNC'j ~ Flo~1d4 corpor.ae!on. GRANT~B, Mhon~ poA~ office eddr~~" 1A t~300 ~. Tnndh~i T~~il, Napl~e, 'lot'idt\ 31$161. That tho nata GRANtOR for and in ~on~idar~tlan of ~h~ cum or TtN DO~~ ana oeho% 9~ 4nd v~luablo C!on.~rln~~tion~ in hand p~id by th~ D4~~ O~E. ~n6 ~ec~~~t Wb~rQDf 1B hQ~8by dckrtowledyftd, doe& horeby r~miua. ~BleA~o. and qutt'cl&~m unto tbn .4idOnANTRH fo~eY~r, ~ll tho xight, ti~1e, {~tBT6~~, c~aim bnd rtamand which ~h& ~nld aRANTQR has in And tD th~ fo~l~lnq db~crib~d lot, pince O~ parcel of ldnd. a~tuAt~. ~y1ng AnO Qnin~ in the C~unty o~ CO~~t~~, S~~te o~ Plo~!d~/ to w1t: ~9bl d~ncripticn on th* att~Qhed tXhi~it ~~.. '.tu. FoHo No. TO MAVi ~ TO HOLD tho P~Q nogeth~~ ~ith hit and sinS"l~r the ~pu~ten~cee thereunto b~loQging Qr in Anywayp ~PP~ht4!n~n9, And a11 the ~Qt&~@, r~Bht, eitlo. it'lte.l:bl1t, 1..lel':l, equity and eltl,1rn whatr;OQver ot the ah.:l.d GP)UrrO~. td,tlun: in law or equ1 ty t(;t c.t\o. on.ly p-eOper UBl!I. benefic. !Uld be;hoo! o( th.o ..,,,Jd QRANTli:It 1;'or'Qvor. ~al'V\.NT'OR~ .and. .all..l\1lTtl>. arfl \Htf:ld, .!C1~ 111.hg\1ttlJ;" or p",ur~~, all thn COnl;6l(t. me.y ):(Iquire. :U~ Mtnmas- W31~)UZOP. ",Aid OR.hNTOR hne hcr.U1~tQ !tat; GJUi.M'rOJl.:'!1 h.!U14 lI.nd o~l\l the d!l.'r and ye!.r ti.:flt !l.bQve; w-tiu.tm. S~yn~6r 80alud ~d 6~~i~~ea in che. pre8iUlce o~ I Pl'lY STATE or FWRlDA cotn."'I'Y or COUU'R. I HtABSf CERTIFY th~t ~ th~n day, beiQ~c ~~. ah Qltl$ar ~uty auth~~i:e~ 1n tha St.Ilt.& "o'rnL\'l.d Md in t.he COUJlt}" ~~:~]t ~~ t:~l) l\ak.nQwlt\.dgtfll!Il'l\:B, pf!lX'B..ma.1.ly lI..p~OU'GCI: J'aaeph, J. Qu!dioh, vhQ ~:rDonally I-.no~ t rno t.o bB tn" p~,"Don rjenedbft..... 1n al'l4, wno (l.lCfleut.~d. th~ t01;""9oirt~",......-~-" .~ ,"'1'- - - 4cla10W'1B6gQd bafoJ:$ me thllLt he Q;xecut.(l~ tho Ua/lUl. blL~ed. th:l,p :t6r;h day or Ma.y, 1~'1. , QJrrj.. "of~U~1~ (i.. I t.I1,",I"''''1 My Cc.nnJ.n:p.l.on Bxpirfltt: . cCAl'PflifUlion )IUlT\b(k;;: -- lK.- ".~ P"'IA.~. HI1IElU!.\H Kootar,'161Ic,!ihttf1fH MJ eo.:.. Ul'1ru o:T:"!l.1nS tbI:/II. Jo. tt 1'lBJ1 - ;lR<<onl&RDltJmTC: PlIu1K./iO<l....." .I'rloo,_&- . P.O.9a<&li7 NapIo$ Fl. 33ll4141lt7 R.t.tf'itld $,." 7~~'J(I(:lt;':":~l~r)" S4.A~ Tl\x 1\e;:t.\"~4 S I tI \1i"U 't. ItI'.4flIJlblll n p "~nl"ll',IJ rl'v~' rt1 Tax OW~~!. ~r:~~. L:/~ .~r;lI:.u~ ~,OU'1 BI~O.C. PUDZ-2006-AR-I0648 PROJECT #2006060057 DATE: 10/13106 KAY DESELEM :~'.li08/2006/TUE 11: 21 AM LOU. ,R I GKSON, P. A. FAX No. 239 353 lB Agenda Item No. 8A November 27.2007 Page 86 of 190 p. Oe2 . . \/.e)>..l.;'''t ~=c\ '. " . 01.823156 S'.l!AlI8 FlIl2>03 ~~r?J~~~r~~~?RDED t...~ 2540 GDldaa Ca.'I:. ....i'k......y U~T_)o. O. aa. nn I' "__ IUtpl.lI. 'lDd.4& J:J"",)..,1u" lI'hhou.t ~1t:llCID iU1C! \l'lttlou.'t ....~~.lt: at lIri::Jl:aai~dlCtl o~ Title 001948 OR BOOK 001252 ~CiE OOIT_r-.""'- Da:J:D '%YU Qt1%'r-cu..nc >>E:Cl, .-a.n;.iS t'J11~ Ur.h d.ll.)" of JQy. 3."4. by.Jg..ph d. Ouichah. 1n\U~1d:u.a.ill' an4 .... "nutIt.... ~. ~. v.1~ cul,). pClWrr a:alS &'IJ'l:bori:)" a,hlar "1:0 p:rO~.CI;. c~.., .E1~J:'. ..11, eco.....y~ at' 'r;1lI a~rw.i.... ~ or di.~o.. ot t:.hll l""'1I1 pn::pert.y 6e.t'rlb1:d tM:['.!11i1.6, to aU!S'1'ONIt P1tJU;: tI:lB~LIt HCMEs4 r~C".. . Flortda '=Crporat:1on, Ga)Jof'fQ:. vh~H POt:!;. OftJ.C'a ~... 1. lnD~ 1:. ~a..:d. orr..'11. ltIpl.u, Florida JUn. Ttlat th4l _:1.4 Wl.NlTOIt .for -.nd J..ra coaJI.1t>>rAtirm. a:: ~ .UCIl or ~ DO~ anlS ol:h.r VDOCl Ulod v&luab1.. ~:i.&rat:iQl:ql 1%10 tua.ud paJ.4 by t:M ..."" ~J:. tM ~CG'ipl;. wba~.oJ: i. belttby adaaowledQ0e4. 'SO'.....-.by ~.J..... ~.l...... -.ud qu.l:t-cl.i.mI UQ,t.Q ~ N.i<t ~ fcn.....r. all t:he ld.9bt.~ ~ltl., .lauro.t.. el.s... Ul<< cII:eU1l1 wi=- t:l1. .&10 t:ftAlr'J"OR hila ia ani! ~tl tlw 'fal1DtfJxJgo d.ac::o:r:1bel! 1O't. p:LeCtS C:l:' peretl1. o~ 1~d. ..1e.ua.t'e. lying II.fId boa!.Q5I .ia the Co\&Il.t.:y o.c: C01J.XEJt, Stal:. of P'lod4a.. ~o 'Wit;: !Mg.l ~.CTiprion tin !;.he &tu.chec!. ~ibh: ".A'. T&x. Folio )I'D. 'l'O HAW loRn ro HO~ the ..... tDQ'llth.r \lith all uti .iogoulu the appun:lIll&J:10Ra thenl.J.tl"'O bt:lCCl9'1.alil .or in .aayway. ~.~:j:d,ag, an4.:u. tt1. ..tate. :rlvht, dUe, izl.tez..t:. l.ie.ra; .q1Jity" ~ c1&i..- \ftuo1:lItM".r O't. tho" lIl.Lf.4 tUtNI'tOR. .:lc.r :I.. 1.", OZ' 1I'qU1ey to ~. (X1].~ l)~cpe.r uae, _oUt; &!It! ~hoot of the _:l.d G.ItANTIal ~a.reVtl=-. ~~iZ':~IUllttOR. -.ad .GJU.ltIU. .an \I."~ for .~l~ or 91:111:&1, ... th. QtlnU~Z~. may .DI Vl'l'WD5I "tUlnEOJir, ...:td GSl..l.NrOR h..- he....<=to ..tot; CJ\N'fTOR' $' h.aAd e.I:ll3 ...1. 'the day and ~-=- t:~~t. aklo..,. writ'C:lIIn. Sipttd. ..aio12 and del1vu'ed :ht doe p~__~ Qf I ~~ ~~ prY~~7!:I MU r-tf'Y gJ!#.~,j.6 ~**~. . :W -.;r~.,)).y I.Ild. ... ST~ OF .Ft.OJ..tQA. C'COII"'n'.OP"(."QLl..J:U 'I"-flZRQIY-..et1t't7n ..thttt- Q:a .t:hJ...4ay~ ,1:.:eOnl ......~_ oc.t"tQU:' _I5l.aY_\l.tbor.i..lled .J.D.,~, seou ..-...... """ in ... ~~r-ur::"rJ; _'_to, "".''''''''-'y ~ar..s oJ~ J. tNi4.f.lItl. ,w.a l:'-*11y kzaIm. t _ '1:0 be th. ~.ao. da.~ it! -.d 'tIbo "ClJ.ted. tb.a tons-oia .emowl.C2gCl4 before lIIO t;ba.c be II:ICCC'lJ.ted t~ -...e. DII:t:_d thia 16th day of ~f 1.1'1. . ....--- - urf2TY.1!'-' . B-UBLlC NOTICE PUBLIC NOTICE PUBLIC NOTICE. , NE'IGHBORHOOD INFORMAtiON MEETING ' . . Agenda Item No. 8A November 27, 2007 Page 87 of 190 . . . ' ,nepublicis invited to attend a neighborhood meeting held by Motorc6~ch Resort, Inc., represented by Robert Duane, A.I.C.P., of Hqle,Montes; Inc. and Richard D. Yovanovich, Esq., of Goodlette, Coleman 8< Johnson on: . .', .. . . Wednesday, March 7, 2,007 at 1:00 P.M. at Manatee Middle School cafeteria, 1920 Manatee Road, Naples Subject Property: consistingof23.2 acres,' is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Isle of Capri, Naples, Florida. . RECEIVED Allfi 2 7 Z007 . . . . Motorcoach Resort, Inc., represented. by Hole. Montes; Inc. is requesting a rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy CommercialZoning Districts (MH, 'TTRVC &C- 5) to the Commercial Planned Unit Development District (CPUD) for a . project to be known as th,e Naples Mdtorcoaoh Resort.' , . . . PlANNING SERVICES DEPARTMENT - ~ L:;:9Z '" - ~ ... '0 cr o~ ~ ~ ,... ~ 1% M "":0.'" ;I SOt; . *""~. ~ , o~~ . t-...l ~ Z '" .~. ;;; '" " , I, t . ! I -c'. . fi . ., I ~ .. B J i . 1 I .,:(. i .;.,:"'.... .,..1tIDtI ~"''''''SII'ot<<IIl , , o ................., <..11". ........~,- .""....... - '.. . ..."..., .. ~:~:-t '; ,,', WE VALUEYOURINPUT . . . t"' .'- .' ." . " t " ". . Business and property. owners, residents. arid visitors are welcome'to . att61nd try.eJ)re~entatidnand discuss the project with the owner/developer' and ~olilerCpunty staff. If you are unab,le tQ attend ,his meeting, but have questions of'comments, they can be directed by mail phone, fax or e-mail .~yApriI7, 2007 to: .' ....,. Linda Bedtelyon . . 2800 North Horseshoe Drive' Community Planning Coordinator Naples, Florida 34104. ,j . , Co~munlty Development & . (239) 213-2948' . .Envlr.o~me~tal Services Fax: (239) 403-2395 . 'Admlnlstratlon .. .' . lindabedteiyon@colliergov,net NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned tl1ey serve as tl1e autllOrity, personally appeared B. Lamb, who on oath says that they serve as the Assistalll Corporate Secretary of the Naples Daily, a dBily llewspaper Pllblished at Naples. ill Collier County, Florida; dislributed in Collier and Lee counties of Flonda; that the attached copy of Lhe advertising, being a PUBLIC NOTICE in tlte malter of PUBLIC NOTICE was published in said newspaper 1 lime in the issue on Febmary 28'" 2007. AfTlm)1 further says thai (he said Naples Daily News is a newspaper published at Naples, in said Collier County, florida, and thai the ~aid llewspaper ha~ heretofore been continllously published ill :ioid Colliel County, Florida; distributed in Collier and Lee cOLlniies of Florida, eacb day a.l1d bas been entered.:\s second eIM;S mail matter at the posl oflice in N:1ple!;, in said Collier Counfy, Florida, for a period of 1 year neJct preceding the first puhliclition nfthc alt<lched (:opy of advertisement; and afliun( further suys that he ha.<; neither paid nor promised allY person, firm or corporation ,tOy discount, rebate, {'.Ommissio!l or refund rorthc purpose ofsecunng this advertisemenl fOT. publication ill the said newspaper. 1- j ( Signature of amont) Sworn to and subscribed before me This 2Rtl) of February 2007 CXnI"Y.' () Cl1'{~'::(lorkcJLaL (Sigu"ture of nOIW)' public) ,"~;t..~:'{>W"'" Chanel A. McDonald {.f" A~'1 MYCOMMISSIONI D0210103 miRES ~~'~:i"~ June 29, 2007 ~":r.~D~:t\" BONOW ItlW lROV fAIN I'ISURAtlCt:, IrK FEI 59-2578327 Agenda Item No. 8A November 27, 2007 Page 88 of 190 RECENt\') I~W; 1. ? 2U"7 ~\rr~ Qtr~\\\\<I~~1 ~\ ~l{\w.atil: · .. <l:r--~ ~~ '"'0 E:Gigs 2mtD -.DOl ro;::rn u-Q. c::'" '" > 0 w => 0 c ~ ~, z => ..._-.-- - It) 0 N " < ~ .M ffi ~ 12 ..., ~ " G ~ Ii! ..y ~ g ~ 5 0 " ~ " if w !i .~ C ~ ~ '" z '" " ~ OJ < ~ ro ~ <"l ? 1 I- - ~l: i:.., Q. ~o It) ex: '" m UJ <"l c.. ( " c.. I> , .-It) ::> ~ r' "' 2: '" ex: ~ '" - - "-----. ~ <"l ex: I" N 0 o~ z 2: :> -0: 0 V ::I: " >. () '" ~ w V '" :> I:l '" " ru a. 0 ti E E l1J ~ it u 0 U) ~ to) ~ ~ " 0 0, Cl Q. " ru c z (:\ :E a < ?f .!I:! ~ I- .g Z .~ M :::l v c- o, 0 ~ 00 to) 0 "'.~ ~ u c 0)0 U :::J .", lJ.. .0: 0 '.~M.-I to) N~ Ii '" ",m .Q "'''' v ."',., v u I~ .. v ~ t; 0 _ u Agenda Item No. SA November 27,2007 Page 90 of 190 AFFIDAVIT OF JEROME J. GUIDISH REGARDING BOAT STORAGE AT GREYSTONE MOBILE HOME PARK , J \\C.c.~\ 'J~" 'j 2\1111 t1lMti '" STATE OF FLORIDA COUNTY OF COLLIER ) ) BEFORE ME, the undersigned notary public, personally appeared JEROME J. GUIDISH ("Affiant"), who having been first duly swom according to law, represents, warrants, deposes and says: 1. He has personal knowledge of all matters set forth in this Aftldavit, is over the age 18 years, and is competent to make, execute and deliver this Affidavit. 2. Affiant is the president of Greys tone Park Mobile Homes, rnc. and as knowledge and familiarity regarding all aspects of the operation, management and past and present uses of Greystone Mobile Home Park. Greystone Park Mobile Homes, Inc. is the owner of Greystone Mobile Home Park located at 1.3300 East Tamiami Trail, Naples, Florida. 3, Greystone Mobile Home Park contains 220 recreational vehicle sites and 73 mobile home sites, for a combines total of293 sites. A copy of the Lot Layont of Greystone MO'(.b'le Home Park ,.,. I. I \1" // depicting, among other things, the 293 sites is attached hereto as .t:'?:/1,'t;,,- /t 4. For the last~, boats have been stored on e[/ of the 293 sites. Out of those 6tJ sites, 11 () have carpOlts under which the boats were historically stored. A copy of the Lot Layout of Greystone Mobile Home Park depicting, among other things, the 293 sites is j / / II <'_ attached hereto as /5'1fi 6;r A . 5, In addition to the 6{:) mobile home and recreational vehirl are historically stored, Greystolle Mobile Home Park also hee /1 years, stored an additional ..? t1 boat. ' Home Park. The boat field is and has always been, (except from those on immediate adjoining sites) by \ sites/vehicles surrounding the boat field. The location o. Layout of Greystone Mobile Home Park attached hereto a, Agenda Item No. SA November 27, 2007 Page 91 of 190 FURTHER AFFIANT SA YETH NAUGHT /5d.y of\)/Jt0, ;2.L:6 7 DATED this ~.J?>a& The fOl"egoing instrument was acknowledged before me on the a of...JIln. JlX) 7- by JEROME J. GUIDISH, who is personally known to me or 0 who has provided a driver's license as identification - (check one). lA~a.jJ~ NOTARY PUBLIC. STATE OF FLORJDA _~",,\U",.... Lara A. Porreca (W icommission#DD607799 ....~~~ Expires: ocr 23,2010 DOSDED IllltU ATIA'me BONDING co.tINe. <1:'--0 coom .o~ ON~ Z .0 ,-~N t:::'" en $ as w -..D en ro=ro -g ill CL Q)> enD <Z ".~. - - .. .~ J . J ' ,:'. ,,' -~1 ~., ., /" , . ) I ! "' :.... ''''J'' 'I 11 tit.,'Il -+ :~;:!;:\\";~ ~ -:/t '.I.." :,;''''j~\'l ~I " hi~",';,l>\" I".~ 'Z1IJ'.'i;.1;'H': .~ '~~!/))i~ ;~: W.!..':;j;'Jt'~ ,"'''. '1 '.r''-j "il~i ."', .,,' . ";'.',,,.\.,,.:. .~. . ....". '/:i:'., I{ ., liX~J:~ . ,.. ..,l,;. . ~_L;.:':a .' J,t~. .:~/ 'r~{) . .Yr ._". . ,'.?,f..:'i ..,Y/'f 0";'/,;,"';1 t}::. ,Ii' .'(':' \',:"",1'! _~_:," f~- '.l.jJ' . "-'.":- " :ii., ..../f" '.. ' ',~~' -. . :(:J~\.' .- '.' J I ) ~- _ '/''1 .~ ~~ .,,~ , '\ ;,~\1t'7 .J Jk~ ":11\ ">~I ~ \if\~t:J"'''r l"."" i.." J~ '\ .. I, - .-:- \ \ " 'I f <(r--o ~~ ,~ .0 F c-~ &1 ii as Q) -..::::J01 ~Ero ;:;:Q.JCL ~ > \DO ~Z , :",i';(i~'~' "~''''~>l'';-'''', ;,;0'.- ;}~:j "h~e. . te: ., (Ge~-' i en No A , 27,2 7 2800 NORTH HORSESHOE DRIVE Page 94 of 190 f NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 " ., C9LLlER COUNTY GOVERNMENT . w'li.!'V}!6F ZONING & LAND DEVELOPMENT REVIEW w'lvW.COLUERGOV.NET t::\. . . ~, '+fb .~. I, PRE-APPLICATION MEETING NOTES ",'c' ,'.. . "'~~~~~Mfl~~Llp:Uatq.~V~;R~ZQlw[j~UtlAmendi\1E!(,f · ..... . );;~lJ~fj;~yrr:'{;1 Date:_h'" ~t;"~ Time: \: IS Firm:H.ole. MQ(\,kS Proiect ~ame: &,e~.sk~ teSenI+ . _ Size of Projecl Site: 2<1 acres '--->2' . , ' Appliconl Name: ~ D lid ^-" . Phone: , Owner Name:. Phone: Owner Address: Existing PUD Name~d Number Assigned Planner ~(.L ~ '_ .'. "'. ' ,':-. :.... . ,,-:":, -"_"'__',";)"_ ..~, ,C_"':","'<<_.,: ,.,,:,-. ...."..-..- ,'_X-,-" .f(/\." \>oetlh;.... .~\jti{ml..~U. .'~ilTiil~.!j:'S'..ili\,iilt';sRi;:1ii!..' .-~~.. '.- .,,'~ 'n'.-..' ~J ..,........,. .: _'C'" ....,..-; .C"':"":,..!,:"" ',.",,,,_,,,;,_<:_,,,,~,~ v' /4 , City Stale ZIP ___ ~ubrnittal Requirements (refer fo application for additional requirements) 24 Cople. of the following: (0 1 a~dilional sel if localed in I~e Bayshore!<?aleway Trian!/Ie Redev~!opmenl Areal.. l2I. Completed Application - 6..z:,W(',\oa.d. <:....u"X'('or-,-',; o..~Ii:\\.<:::o-"""" "\O'i'vY\ IT Pre-o"pplicotion Meeting Notes 0: Conceptual Sife Plan 24X 36" and One 8 V, X 11" copy Cd:' PUO document and Mosler Plan plu. one 24" x 36" copy of the Moster Pion 2 Copies of the Following: o Deeds/legals & Survey (if boundary of original PlJD Is amended) , ~, List iden.tifying Owner & all parties of corporation . ~ Owner/Agent Affidavit signed & notarized L.+; . [8l Covenant of Unified Control U,SQ.. '0U.r(<.HI 0 rlYl o Completed Addressing Checklist 4 Copies of the following: i~ Environmental Impact Statement (EIS) or waiver on.d digital/electronic copy of EIS _ Historical Surveyor waiver request . UtilityProvis.ionsStatementw/sketches f.. l / I) .In C I o Archilectural rendering of proposed sfruclures} (me liJ f'Vlm .J eCi.>>u.hD( /'\ q Architedural Review required ~7' (J ..fl Suevey, signed & sealed ()O Ma(L- -t1i'"IQVI ~ r'10 0 0\ ---\~r ~ s-"... (7) T. offlc Impm:t-&liM",pnt {TISj-9r v'oi"".. ({II f' R'Eft>RI <; \-101).\ I Nb- W7f\ &VnDtJ fiiJ o Five (5) copies of Re:cent Aerial Photogroph (wi,h habitat areas defined) min scaled J"::::: 400' One (1) Electronic copy of all doc~!nenls in Wo,d format and plans (CDRom or Diskette) -b( Q.o..cn ~ Q..~ .:S,\,\.,,'u\'/\\i\c\'\5 , '. Fees: - __~i. OJ: Application Fee, :B($1 0,000 (PUD Rezone) + $25 per acre (or fraclion thereof) o $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) . 0 $6,000 (PUD Amendment) + $25 per acre (or fraction Ihereof) Agenda Item No. 8A November 27,2007 Page 95 of 190 $150.00 Fire Code Review $2,250,00 Comprehensive Planning ConsislenCy Review .$500,00 Pre-application fee (Applications submilled 9. months or more after the date of the last pre-app ~, eeting s.haUnot be credited towards applkation fees and a new pre-appfication meeting win be required. }2'1 $760,00 legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). $363.00 legal Advertising Fee for BCe meeting $2500.00 Environmental impact Statement review fee Property Owner Notilication fees. Property Owner Notifications $1.00 Non-cerlmed; $3.00 Certified to/vrn receipt mail ( to be paid ofter receipt of invo.ke from Dep1. of Zoning & Development Review) 1& ~ Fee Total $ 'O,.!. ~e~ll\~.N~f!is.'.' .'.:'c::.....,' <<:~;:~.~ t~~j; :':2.l E.,_~',!F.,',/' t '". C/Jn>p PIth_I:' t/DbR~5S obJ,cl,vt- _7 P1t U">l.JICS,[bJXllks -t-br~lat'l'.s -cmr/cd rfr,l)lfV~Clixi(J{-:btt 'tn-loOd} tr brgXJgt--I-slde<alkS(J1) 1?I=<:c,\PC'\ N~\M'C' I"\.~~ ,~0\\li'l~"'IN(<, ~ ",Allv\~ (1\:0 H"1:J!(6YdJr ~ we..T \J) \\ I ~ Et.:~ P. -t:'9""\,\FZ,."'T "',\PI 1M\=" (' \-\1/'\ N.~..l..J.~ -Ot\'/V\B ~':\'~~adll.lI . . . lflr\\ro0t ?\(fv\~ t:7 SLA'om,\~ ~p\o.-\- l Dw\ t.. Ao~\~~. c..\{Q.Qt~ - l)( CD ~ If b e P cg,yyI .YNCE: Tlic...nP.J fil flf::Cr GOGf=:- Iil(:l!-~ \ () 01" , e...Pi ~s ~~3~ ~'f~~:~S t(()tff~?)n r~~~d:e~~ n~J~d, . l II <S- , ' X- A e :".Q n1 9r14:"vJelSl~ . (\ A..A. ~ 4cr'f s;.Q 11 C. (j,t .. . L..ANfl~('..A=f'e.;;;.: NIaV ^CL !:!Y..tFf::::S:PS ON PLAT. (LF,~) 3F'..e t-A1-/.0SCk'PE: ~Ki-.I~T 'P{)t:... &H'1::P;R j?P-J;JL.1IE'P-:: M~ . Sl-J,otJ BOAT RAM? As tI SXimN&" tt - II (Ill/(. frrSil;v( taff IJAI11;1 fir 1.:"-ftfft,4/{ cI'V #/lffr?t. NaV(!)/~' ~o(.(;/!1!;#f/r/ar/v" /AtiL1,1{S of wl/-l;/1/ k:-t!SIirf-.t Jl;1'!J lfoAf j)o(.id w/_"?t/~ O-'Y/rfh2!/cfF/J . ,-"g' : .:".':..' ;Jt,..;/y: 1M! .M/J1;J _, G:\Currenl\Pre-App forms\PUO pre-app.doc Revised October 11, 2005 .. , <I"" D . '" DO> , D~ ..:: .'C'\J ,-' "]2 r--:~. ~m. (j) ,<11 .QO> - C1l Co.. (l) . > o .< 'z ~,: , "'" ~. dJ ~ i'!i;i\ ~ i ~ ~ U ~. . ~. < ch .d: ~ = '1:1, ' 'tJ3 ~, Z ~ i"!!!!' ".J!i '#,;:4 ~~ l- I '" '" '---~ C'(lL o I", ~1- <( C ~ III .> Ill' e::: - '0:: III E a. o III > 4> o " c: c .... oil 0) c: c o N ~~ _ VI C VI 4> ill E -U -:: " c <( a. 4> C o , :E . w t~;:;i.3 1~); . 'm'" q III i;L' m w Iii: Q C) <C, .... ~ <( :iE . ... t>:. w ii;l ~ ~. '" Zl' n :C d.. f- D- W o --. z Q:iE lilt>: >"- Ci .... Q >- f- Z ::> o U ~ V . . l ~ \;'--0- -~ .----- rx '0 -,-. l U .'t" -...., e::: w Z Z w <( ... :iE 4> .... ..0 . ~ D- E 0 ::> w Z Z C> Q) Vl c ". 0 III .!: <( D- <=>. " o ~ N 0; ,; " - N ~ co U " 'v> ." ~ " o u f-' w w :r: U) ~ z (!) '!l "' E .e 0. 0. <{ .h ~ 1" :!' :; S! b :~g , .. ",""". ~ ;:.. a2m =' fiig' ~ 1J. ZI. :;;;; :8 I ...., ...... LU. t:s --- ~ 43:,~ O~--..-, ~Q:: !:C~ >i.I.. aO~ >- ~ I'- <r Z --..... :::l \. d 0: w ~ <t "'" ~ ffi ca :e :::l ....... ita. 2 o ~ > i!? N. S2 If? a:> u .. .. '> i!? ....... .t: ~ ~ ~ ~ c. ~ <.S' ,"'t, '.. \..::. :::<-: ~ "" ~ \? ~ ..,. '" ?; ~ 0) 'J v u o . "0 ,..: ill ill I CI) Z Z (') U; -u; E t - n. n. <( ~ "- ~ ~ ~ y o ~ 1;"", '05 OS 11: 07a' UO/84/200&'14:27 TEL , Collier CO. RDDRESSING 941-659-5724 92542099 It N LAND DlvELDPNENl Agenda Item No. 8A NovembEl" 21, 2007 iaJ o<Aqrge iJ8 of 190 , .~.. Al)DkESSING CHECKUSi' -' '-. pi;;,.." complete Il)e foliowingAND FAX (239~59-S7U) OR SUBMIT IN PERSON TO THE ADDRESSING SECTION. FORM MUST BE SIGNED BY ADDRE,<;SlNG PERSONNEL PRIOR T() PRE- APPLICATION MEETING. Not an .item, will apply to every project. Items in bold type are required. 1.. Legal descriptioll of subject property or properties (copy of lengthy Jesc';!ption may be attachelf) S 03, T5.1. . R26 - \-..\<G'Ld ~>",I\.l (' A--'<.-"..X. Po-<-\<: .~(,I'.( (.:~ L;,~ Z- ~ \dto.__.ck.6<o." C~c.. i='<!l.<K. f"J kLd 2. .Folio (Property ID) numl>er(s) of above (allach to, or assOciate with, legal description if more than one) G.\K. L . 4'953008000 I. 49584240Q04 Lo.l;- \ :1.' street addt<is or addresses (as applicable. if already assigned) 13300, 13450 Taminmi Troil _ . 4. Location map, showing exact loeati"n "f project/sile in relalion to nearest public rood right-of-way (atTach) 5. Copy of survey (NEEDED ONL YFOR UNPLATTED PROPERTIES) 6. Proposed project nhme (if applicable) GrevstoneMolorcoachResort -- -R'"b<f~t l'I....'la-...^e... 100-\ ~PFC"D'!~ o...A ~~ .-!.~r;e..... 7. Proposed Street names (if applicable) E. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SOP 9. Petition Type- (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Developmenl Plan) 0 PPL (Plnns & PIal Review) DSDP A (SDP Amendment) [J psr (Preliminary Subdivision Pial) o SDPI (SDP Insubslantial Change) [J FP (Fina, PI.t) o SIP (Site Improvement Plan) 0 LLA (Lot Line Adjustment) o SIPl (SIPI Insubslmtial Change) 0 BL (Blasting Permit) o SNR (Street Name Change) 0 ROW (Riehl-of-Way Pennit) o Vegetation/Exotic (Veg. Removal Permits) 0 EXP (Excavation Permit) l:8l Land Use Petition (Variance, Conditional Use, 0 VRSFP (Veg. Removal & Sile Fill Pe,mit) Boat Dock Ex~., Rezone, POO rezone, elV 0 ~R (Tran,::Fer of Devdopment Righl9) D' Ollier. Descnbe: '7:6 8/~7);~ %totf-r~.t'l~c ~~ 10. Project or developmenlllames proposed for, or alreody appearing in. condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: lZl Checklist is to be Fa:xed Back 0 Personally Picked Up 12. Applicant Name Robert L.Duane, AICI' Pbone 239 254-2099 Fax 13. Signatme on Addressing Checklist does nol collStilute Project and/or Slrcct Name approval and is subject to further review l,y the Addre.;sing Section. FOR S'fAFF1JSE ONLY Primary Number l"'=-(T2..I. Address Numher \ 3\ '1 C :; Address Nwnber :.~ \ (Q 0"1 D Address Number Approved hy .fl..",-,";,;, (YlA7;(an, Date S -05- oG" " -..\ (Gieb~~ 2800 NORTH HORSESHOE DRIVE Page 99 of 190 j NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 ., . Cl;).LlIER COl1NTY GQVERNMENT . . -"i.~'f}bF ZONING &. LAND DEVElOPMENT REVIEW .~ :' W.COtLIERGOV.NET 0..... . .. .' ... '....,.~ l..i ' .. ...,..'. -,";.:.' PRE-APPLICATION MEETING NOTES "~~~.~)~~~~~tq,:~~~t~.~~t~'Rgio,ne:p.~U~.AJ'm~.!I~m~ll'.:.,' .. .....,tg;{~:}1:i}:i,~.:: Date:_k dl':-()b Time: \: \S Proiect Name: &~~)4m(JL '1:-v Applicant Name~ V(.{tf ^-P Firm:1bt,. Kt.f\k te<,o-I-r Size of Project Site: 21./ acres Phone: Owner Name: Phone:~ Owner Address: City, State ZIP Existing I'UD Name,;:;,;;umber Assigned Planner 1),c.<-b.M i,o" .. r...'.. '.""';'.ai,V.i';};"~'"';;';'':si''' ':'!i'&ii'''4'''~ "\.eet.11-9,.J,\!!Jg!il. !!ll;~.; .,~.,.!t!1~Ij\.,\9",....Jj,~wt.. VJ4 ,p~\1bmittal Requirements (refer to applicafion for additional ,equ;rements) 24 Copies of the following: (0 1 a!lditionol set if locoted in tl}e Bayshore/vatewoy Trian!!!e Redevelopment AreaL l8l. Completed Applicalion - O-D\.l.)(\\Oo.D "....Lt.X"{'(.lC"\""'<; ~~\\.<::o...'n"'"'" ~-( M {:3:"" rre~a'pplication Meeting Notes @ Conceptual Site Plan 24X 36" and One 8 '/2 X 11" copy '1Sl:" PUD document and Mo,ter Plan plus one 24" x 36" copy of the Master Plan :2 Copies of the foUowing: Ltl Deed,/legals & Survey (if boundary of original PUD i, amended) e:g list idenlifyjng Owner & all parties of corporation . [::ig Owner/Agent Affidavit signed & l>Otorized t -+'0 r IYl c>9 Covenant of Unified Control U.S.L ~rrD'\ 0. Completed Addressing Checkli5t 4 Copies of the following: i~ Environmental Impact Statement (EIS) or warver ond digital/electronic copy o~ EIS Historical Surveyor waiver reqvest . Utility Provi,lom Statement w/sketches L l / I J In (' I o Architectural rendering of pro.po'ed 'truc:.R! (Ill! ~ (jj f\t{7t\ J tCt /J\thD( 11 o Ard,ilecturol Review required ~ ( --tl Survey, signed & ,ealed 00 MO (L- v'\ ~ (\'10 0 d /'i.~X )21. SeusR (7) 1,011,< Imp~meo1..(Jl.5.~Wer- (PI f? RtrDRI <; 1-\0 IN I NG- g112lBVuDtJ -~ N Five (5) copies of Recent Aerial Photograph (with hobitat areas defined) min scoled 1" = 400' One (1) EleC1ronic copy of 011 doc~renl' in Word format and plan~ (CDRom or Diskette) -be Q...Qcn ~ e.-~ S~'c\('{\\\\o..\s ., fees: Applicallon Fee, :8[$10,000 (PUDRezone) + $25 per acre (or fraction Ihereof) 0$8,000 (PUD to PUD) + $25 per acre (or fraction thereof) . 0 $6,000 (PUD Amendment) + $25 per acre (orfracHon thereof) Agenda Item No. SA November 27, 2007 Page 100 of 190 .~i, .j i. ". $150.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review . '$500.00 Pre-application fee (Applications submitted 9 months 0' more after the date of the last pre-app ~ting shall not be credited towards application fees and. 0 new pre-application meeting will be required. ~ $760.00 legal Advertising Fee for cepc meeling (to be reconciled upon receipt of Invoice from Naples Doily News). $363.00 legal Advertising Fee far BCe meeting $2500.00 Enviranmentallmpact Statement review fee Property Owner Notjfjeation fees. Property Owner Notifications $1.00 Non-cerlified/ $3.00 Cerfj{jed return receipt mail ( to be paid after receipt of invoke from Dept. of Zoning & Development Review) Q<[ o ~ Fee Total $ ..",;"."..,..;:--, ..;:c,..,...... 0.:'_-', ..-.... . ,'-":X, ".;j; ; ~~e'inRN~:fe~ "/.'i-':' .".--: ] .~,'.,..::,..':.)..;:.,-......<:;:. . ,... .". C-''''{J PI/I.AJ.: !lopJ!...$S tJbJ~d..tlt- _7 Pit u')~1 01dt11X1.\k6 ~. b kQ IaIY'S .. ookf lr,1)I"ly ~a!Jdd/-S:s,tt 4(7.{pon.f.,.r b'S.XJqt ./-SldMIKSOI) (J ~<{Ji: l?RC\ \1:-('''1 \'l.A\M\?" l'\ ~=, ~~-0\.\iPlW,IN"" \\-1E....lli9l1l--1-t=: ()~ r=. 8<c,\,\=c.:.T 001\ I NCi::--=t'-, f'. -\->~F-c\"\-lA\Mp (''r-\iI'\N<?E:: P-?Pl.1Q11\\,\()'Q Q.6"JV\R ~ --:r~O;~:Ja((df . Et~illJcl~~ ::!:a?ut,(VIIT ~p\iA-t \ OM l~O~I'J~' cc.;\(Q..QE:: --~.~.~r\\' QfQ-(~) llu<.< fr1:'. c; . Po:>"'lkm,. ~ NC" "'0 "1}.{/J ri I per; ""x: ";-.., ~(JEf>~~I! "~s ~~-3~ . ) ..\.. "".es ", ~ n ::::=.,\ 0." ~ 11 ,Q-c i: ~~\;~l . i"~\1 s-i.w ca"na'm<'0rMtl1{welt:J . . (J: '\Ad 4c(',e ~<2 )\t C-, u€ .. LANflS'CPcP~: ~..v AU_ /.!v.JEt::l:fP~ ON PLAT. (l..r..~) '3~tE L-,4"Jr)S(kP~ C.f-fr.>l:..I<..I-IC'., 8iC.. [<p"PFp;J2 .$.E!Yf>L.ueE.n1.~ S1400J BOKJ RAMP As II ~TltJG:1 ( . II IAJft. {flS"tr/&t !o~.+ /J./J/11jJ ~F.tlf+r/f/{ c;W ./!1,1ff~7t p;2ovr!)f:' ~OC()41fj/(1;:rl<dj1/ 1Af;"!l';1ls of w 1,1./;/1/ it!.}'IS.f1/f/6 A ~1J ?loA f ,10 C/d 1#"1..72/ ~ c~'Vf MVC ""E /J 11-"1///: fO/? f f1/!/J1;J G:\Currenl\Pre-App forms\PUD pre~app.doc Revised October 11, 2005 . . r- 0, 00> "::>"-, I~ .0. -~ "'0 ~~ . ~ OJ C '" '"0.: .> o 'z ~. I ~'. ~ .- ~. ~ I;) t ~ ~ I f ~ '.~",".' ~ z """. z ~ ~ ~ ~~ I ~ '-. ~ ~Ci Iw ~~ Cl ~ III .;; Ill' ~ - .c IllE -(J -.) a. o III > Gl Q '1:1 C .IJ -' <>IS 0) c ';: o N '" 'E '" III ~ E "tl - "tl o <( a. Ill. a Q :E I W ~ w Z Z <( ..... 0- Q w z '52 VI VI <( .. <l> ..0. E :> Z <l> C o ..c. a. f~r~ ';:'~I.: . ~:.:fti_.::.~ r tr... if! lid. '~ <( I.,- a. w Q ---. Z O~ Vi~ ;;:i:C Cl " o >- ..... Z ::;) Q u == <( ~ w ,. ~ v . ~ ~ ~ , '- -\2 0::' 1.\.1 ai ~ ::) Z ;.y :2;' o :E a.. () \) :::\ w :E <( z /' rr::........... ... o '" N (j; ,; l'! N Q !Q '" i:i '" "' s l'! o o "0 iJj W J: rn :s z ~ rn V; E .g u u 1 Q} a: '" c ~ C> <,i CJ ~ Ll! ~ a ::::l z I;!,! z o :Ij r:t. I- fu ~ d .~ -- -<:: :zr ~ Oz:--.., ....& <!'l... >u.. ab~ >- ~ I- .", Z ~ =! \" o 'U; L1I z: <l: Z ~ ....... ~ ~ ~ ~ ~ c ~ (j ."tS ~ Ib ~. ~ ~ "" -< i5 c.J '0 '-, <.> o ."0 ;.: W IJJ I {f) Z Z Cl Ui ,; E J.j a. a. <} i" ~ C i" '5 ~ Cl ;g <;; '" Oi ,; i" N <:> ~ ~.} oj TI Q) '" '5 i" ,- , \';'\:1 05 06 11 ~ 07a oO/Q4/2006 '14:21 TEL I, Collier Co. S2542fr99 RDDRESSING 941-859-5724 H M lAND DEVELOPMENT Agenda Item No. 8A NovembEjl' 21. 2007 \iJ o:ba0tloffiS of 190 " ~. . ADbkESSING CHEcKLIST v. pic;ase complete Il)e following AND FAX (J.JP-659-5724) OR SUBMIT IN I'ERSON TO THE ADDRESSING SECTION. FORM MUST BE SIGNED BY A1)1>RESSJNG PF.RSONNEL PRIOR T(J l'RE- APPLICATION MEETING. Not all ilems will apply to every project. ltom. in b"ld type are required. i.. LeJ:;al di:SeTip1i()D of subject property o~ properties (c~y oflengl/ry descript:O>l may be areach"1f) S 03. T5t. . R26 - v...~ ~",10 (! ~t: (/0..--"<: Jb\'.( A l,=,~ Z- ~ 1,.!,,,^.d<?,6."'''' ('J-",,-"c" >?"'-'"It f.s.~ ~ 2. Foii() (Property ID) number(s) of ahove (Clunch /0, or associate with, legal description if more Iha... Olle} 1';\)(, L . 4'953008000 I, 49584240004 G.J,- \ j.' Street addreSs or addresseS (as applicable. if already assigned) 13300.13450 Tamiami Trail . 4, LocnnoD llIllP, showing eXaet location' ofprojeetlsile in TeJation to nearest p"hlie road right-of-way (a/wcn) 5. Copy ofs,,.vey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. PTOposedproject name (ifapplicable) Grevstol1c Motorco'ach Resort - RL>~ i'-JCU'^e.... 100-\ D....-ppcoyd o~ -\ ~ ~'ie..... 7. Proposed Street names (if applicrIble) . 8. Site Development plan Number (FOR EXJSTJNG PROJECTS/SITES ONLY) SDP_ 9, Petition Type- (Complete a separate Addrcssing Gleckli.! for each Petition Type) o SOP (Site Development Plan} 0 PPL (Plans & Plat Review) o SDpA (SOP Amendmcnt) 0 pSP (preliminary Subdivision Plat) DSDP! (SDp InsubslllIltial OJange) 0 FP (Final PIal) o SlP (Site Improvement Plan) 0 LLA (Lot Line Adjustment) o SlPI (SlPIlnsuhsl.ntial Olange) 0 BL (Blasting Permit) o SNR(StreeINameCbange) 0 ROW (Righl-of-WayPcnnil) o Vegetation/Exotic (Veg. Removal PeTIllits) 0 EXP (Excavation Permit) t8J Land Use Pelition (Vari:mcc, Condition.1 Use, [J VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Re2one, 1'00 rezone, e[~. 0 TDR (Transfer of D<.-vdopm=l Righl9) o Other-Describe: l~Q-iY/)'L 7';;:: ~//~Cf~c -0" 10. Project or development names pTOposed for, or already appenring in, condominium documenTS (If applicablc; indicate whether proposed or existing) . 11. Please Check One: . [8l Checklist is to he Faxed nack 0 Personally Picked Up 12. Applicant Name Robert LDuane. Ale? Pbone 239254-2099 Fax _ 13. Signanrre on Addressing Checklist does nol constitute Project and/or Street Name approval ond is sl.lbje<ot to further review by Ihe Addressing Section. FOR STAFFllSE ONLY PrimaryNumbeT \3,1'"2...1 Address Numher \ ~\ '1 G.3 Ad~s Number '~.J Co 0'''10 Address Numher Approved by .ll",,-,";..A ()1,o'!..o...Yr> Date S - 05- 0(,. ..., Agenda Item No. SA Novemb~ 27, 2007 REG EI~~U04of 190 MAR 1 2- 2007 REZONE FINDINGS applicable to Section 10.03.05 H ofthe LDC. Nature of requirements of planning commission report. ""hen pertaining to the rezoning of land, the repOli and recommendations of the plamung co=ission to the board of county commissioners required in 10.02.12 D. shall show that the plam1ing commission has studied and considered the proposed change in relation to the following, when applicable: 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. The subject property can be found consistent with policy 5.1 of the FLUE because the resultant development intensity is less. For example, only 200 motorcoach homes are proposed. replacing the 293 existing units. Furthermore, proposed units will only be occupied on a temporary basis, i.e. six (6) months. In addition, the FLUE discourages future mobile home rezoning in the Coastal High Hazard Area, The proposed rezoning request that will prohibit the placement of mobile homes, therefore, will cstablish fi.rther consistency with the FLUE. The proposed rezoning request can also be found consistent with Policy 5.4 of the FLUE because the proposed rezoning request can be found compatible with surrounding land uses. 2. The existing land use pattem. The existing land use pattern to the west is MH (developed with mobile homes) and a residential PUD that is vacant. To the south lands are zoned MH for the Henderson Creek Mobile Home park. To the east is agricultural zoning with a CU for a church. Lands to the north shows Us. 41 and vacant agricultural zoning and the Winding Cypress PUD, also vacant in the general area. The proposed rezoning request can be found consistent with the fbregoing land use pattern. See also aerial photo provided in the Application. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed request will not result in the creating of an isolated zoning district based on the surrounding land use pattern. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district bmmdaries are not illogically drawn, the proposed request is merely to re-designate lands zoned for C-5, TTRVC and MH and incorporate them into a CPUD for a more appropriate zoning designation as noted in other parts of this Application. (H:\20D5\2005144\WP\Rezone\Resubmiual in progress\1 c~Rezone Findings.mn.070215.doc) Page 1 of 3 Agenda Item No. SA November 27,2007 Page 105 of 190 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The existing park now abandoned of occupied dwellings is ripe for redevelopmellt alld a lessening of its developmellt illtensity to make it more consistellt with the FLUE by removing mobile homes and currently permanently occupied dwellings from the Coastal High Hazard Area. Changed conditions and current county policy that discourages the development of existing uses make the proposed rezoning request appropriate at the present time. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not 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, hecause of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed change will not adversely or excessively affect traffic congestion in the neighborhood but rather reduce the traffic congestion based on documentation provided in this rezoning request pertaining to trip generation. Furthermore, as noted the proposed request can be found consistent with Policy 5.1 of the FLUE because the development intensity will be lessened. 8. Whether the proposed change will create a drainage problem. Based on the data contained in the proposed water management plan the subject property will not cause a drainage problem in the general area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light, water and air to adjacent areas, as the proposed redevelopment is comparable to the formerly existing use. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed request as noted is ripe for redevelopment and will result in an impmvement in the quality of development that should not adversely affect property values in the general area. It. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. (H;\20051.2005144\WP\Rezone\ResubmIUalln progress\1 c-Rezone Flndings.mn,070215.doc) Page 2 of 3 Agenda Item No. 8A November 27, 2007 Page 106 of 190 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual as contrasted with the public welfare. 13, Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. While the existing zoning allows for the existing uses, they are located in the Coastal High Hazard Area and pose a public safety hazard. Therefore, maintaining the existing use is no longer as desirable as the proposed use. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed change is not out of scale with the needs of the neighborhood or the county for reasons previously set forth in this Application. 15, Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The existing zoning allows for the proposed uses, However, the existing zoning does not provide adequate development standards to develop an upscale motorcoach resort. 16, The physical characteristics of the propeliy 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. There is limited site alteration that will be required for the proposed use due 10 the nature of the existing development, 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. 106, art. II], as amended. The proposed request will reduce impact on the traffic, sewer and water through a reduction in the proposed development intensity and service levels will not be adversely affected by the proposed development. 18. 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, The applicant will consider any reasonable changes deemed important to the public health, safety and welfare. (H:\2005\2005144\WP\Rezone\Resubmlttal in progress\1 c-Rezone Findings.mn.070215.doc) Page 3 of 3 .. Agenda Item No. 8A November 27, 2007 Page 107 of 190 . .' TRIP GENERATION ANALYSIS NAPLES MOTORCOACH RESORT CPUD The subject property was platted in 1971, the date the plat was approved, and the present zoning includes three zoning districts, including C.5 (1.9 acres) for a convenience store, MH mobile home (19.3 acres), and TTRVC Travel Trailer and Recreational Vehicle Campground District (2.18 acres). Prcsenlly there are i: 293 structnres that contain a combination of mobile homes and travel trailer lots (mostly mobile homes) in addition to the convenience store. The existing density is consistent with policy 5.1 of the Future Land Use Element. The proposed plan for redevelopment is for a motorcoach resort park with a maximum of 200 lots, and the commercial use will be eliminated. As can be seen from the data provided herein, the proposed redevelopment will reduce trip generation in addition to removing semi-permanent structures from the Coastal High Hazard Area and reducing evacuation times. The differences in trip generation between the existing and proposed development are set forth for average daily tTaffic from the 7th Edition of Tri~ Generation prepared by the Institute of Transportation Engineers. This edition of the 7 Edition of Trip Generation does not provide rates for motorcoach resorts, or travcltrailers so the rate for mobile homes was used since that is the existing predominatc use of the site and corresponds to trip rates for motorcoach resorts based on the developer's experience. As can be seen from the table, there is a substantial rednction in traffic with the proposed redevelopment of the site. Furthermore, fhe Trip Generation rates do not reflect the fact that the motor coach homes will not be occupied more than six month per year. EXISTING USE Land Use MH*' Units Trips 240 4.99 X 293 - 1462 Land Use Convellience Mart *' S.F. Trips 852 34.57 X 2,400 S.P. - 830 Total -- 2292 *1 Mobile Home- average rate on a weekday 4.99 *2 Convenience Market- open 15-16 hours, 34.58 tl~pS per 1000 S.P. Agenda Item No. 8A November 27, 2007 Page 108 of 190 Land Use MH Units/S.F. Trips 240 4.99 X 200 - 998 PROPOSED USE In addition, the existing convenience store includes a check-cashing outlet not reflected in the trip generation rate. Traffic data, included herein, demonstrates that the proposed redevelopment will generate substantially less traffic than the existing development. The anticipated that trip distribution would be 90% in a westerly direction on US 41 toward Naples or CR 951 and T-75, and 10% would travel easterly toward Everglades tourist attractions and Miami. The attached letter, dated May 16, 2006, from Paula Fleislrman, Impact Fees Coordinator for Collier County, concludes that the proposed 200 motor coach homes are vested for transportation concUlTeney that supports the limited nature oftms traffic analysis. ,...- ~ Agenda Item No. 8A COLLIER COUNfY t m~ FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT 2800 N. Horseshoe Olive' Naples, Rorida 34104 . (U9) 403-2369 . Fu (239) 403-2405 n.f,' ~t t~ May 16,2006 Mr. Robert L Duane, A.I.C.P. Hole Montes 950 Encore Way Naples, FI. 34110 R ECe:IV EO MAR '1 2 2007 RE: Greystone Mobile HomeIRV Park and Retail Store Folio #4953008000 I and #49584240004 Dear Mr. Duane: We are in receipt of your lettcr dated May 2, 2006. Thank you for sending the backup documentation. We have confirmed that Greyslone Mobile HomeIRV Park, folio #49530080001, was built in 1971 and consists of293 mobile homeIRV lots. The Park is considered vested for impact fees for the 293 lots. In addition, folio #49584240004 is vested for a 2,400 square foot retail storc that was built in 1969. The proposed reduction from 293 mobile homeIRV lots and a retail store to 200 motor coach lots is a decrease in intensity; therefore, no additional impact fees will be assessed. Please attach a copy of this letter to the Certificate of Adequate Public Facilities Application when submitted with the Plat. Don Scott, Transportation Director, has also reviewed the documentation and agrees that that the proposed 200 motor coach lots are vested for transportation concurrency. Please contact me at 212-2924 if you have any questions or if you need any additional information. s?:JLo~ Paula D. Fleishman hnpact Fee.Co6rdinator Cc: Don Scott, TilIIisportatio~ Director Amy Patterson, Impact Fee Manager .-. - ~,,~ .. ,1It' u; H ._'. .:;..,~ " Agenda Item No. SA November 27, 2007 Page 110 of 190 _.,"-;.,~~,~ TURRELL, HALL & ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULT1NG 3584 Exchange Avenue. Suite B. Naples, FloridR34104-3732. (239) 643-0166. Fax (239) 643-6632 June 26, 2007 Kay Desele.m Collier County Developme.nt Services 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mrs. Deselem. We have received a copy of a letter written by staff at the Rookery Bay National Estuarine Research Reserve (RBNERR) and would like to make the following comments regarding this letter. Rookery Bay has asserted that the proposed development will sustain anthropogenic disturbanee in the areR, and boming activities associated with this project may impact aquatic resources. Their concerns seem to be related to the potential secondRry and cumulative impacts to adjacent estuarine ecosystem within RBNERR that might occur as a reimlt of the project. While we can not argue that the project is an anthropogenic disturbance, it is occurring in an area that WI" previously disturbed. This project is not a new distnrhance in what was previously pristine environment but is inslead a re-development of an old and outdated system. The proposed project is improving the upland stoITllwaler management plan, reducing the density of units on the property, and reducing the number of boats that could potentially use the site. All of t~ese actions only serve to improve the site in terms of water quality and potential secondary impacts, The Rookery Bay letter outlined several concerns which we will try to respond to in the same order as rhey were 1',1\ forth. 1. Drv Storul!e Fucility The RBNERR letter staled that "there is no guarantee that a new dry storage facility will not increase the number of boats accessing RBNERR from the project site as well as alter the type of boats that use the area." We are not sure what type of guarantee Rookery Bay stoff wanls to see. The application clearly stated that no more Ihan 40 vessels would be housed in the storage area illld an additional 26 wet slips could be pcrmitted along tile creek. This number has been further reduced since the original application and now consists of only 36 vessels in storage and an additional 26 possible on the creek. The 62 vossels currently proposed is definitely less vessels thlln the more than 300 vessels that were able. to access the wllter from the site before. This is II defini.le commitment thai has been made through the application and ClUJ be en.forced through the development order. Additionally, the Collicr County Manatee Prolcction Plan ,~lows for expansiun ofhoat ramps at moderately ranked facilities so the owner could potentially expand the historic use if the existing proposal is denied. By limiting the number of vessels allowed at the ,ite to those described above, this is in fact a guarantee tJJut the proposal will not increase the number of boats aecess"ing the Re,erve. No dredging or other in-water improvements are proposed so the type and/or size of vessel, ut the propCliy will also not be changed., Any ramp improvements or docks associated with Ihi, property will require an Environmental Resourcc Permit (ERP), and that process will be duly provided to the County for review if or when those Agenda Item No. SA November 27, 2007 Page 111 of 190 '.>"- Pagc2or3 NI~pICl> Motor Coach DEP Rcspo[1:iC improvements are proposed. lt is the intent of the owner to allow each lot owner on the river to do their own permitting for the docks iF they so desire. RBNERR will have the opportunity to comment on each of those as they are applied for and proceg,ed by DEI', The storage area is an upland facility and will be utili7.ing an existing launchi'ng area; therefore there is no nexus for DEP Submerged Lands and Environmcntal Resource Program to become involved, since the project falls into the no-notice general permit category as deserihed in Chapter 40E-400.3 J 5 FAC. 2. WaterOualily The RBNERR letter outlined concerns that the proposed project lllay have impacL~ on water quality both during construction and once constructed, 'Oldr concern was highlighted by the facrlhal thcy statc the project is within the Outstanding florida Waters (OFW, Chapter 62-302.700. Florida Administration Code) of the RBNERR and Rookery Bay Aquatic Preserve, Their recommendation was thai the water management system sbould be designcd to meet SFWMD Outstanding Florida Waters design criteria. The project has a designed surface water m(lOagement system that is an improvement over the llistorieal slol'l11water system. The proposed improvements will meet the SFWMD Outstanding Florida W filcrs design criteria a., requested in the Rookery Bay Jetter. In addition, the project will be utilizing seventl BMPs on site to minimize the potential for water quality . degradation. These include, staked turbidity barriers to prevent erosion and/or debris from running of'!' the sile into the (Idjacent waters. Grassed swales and on-sitc detention wi II improve [)Il-sile waler quality treatment over historic conditions. And 1I retaining war! along the western edgc of the project (landward of the MHW line) will substantially separate the proposed development from the creek and minimize the. potential of washouts or other shoreline disturbances. 3. Listed Speck'll Pr'oteelion The RBNERR letter states that "the presence of boats in the area will degrade manat.ee habitat as well as increase the probability of manatee deaths resulting from boat wllisi(ln," As mentioned earlier in their letter as well us in t.his response. bouts are already present in this system and have been present for al lea~t the pust 35 tD 40 yeam. This project is reducing the number of vessels that can access the area from this site. and as such should result in an improvement to munatees, especially since the type lInd size of vessels is remaining unchanged, We agree Ihat improved bouler educat.ion is needed und can be enhanced through programs developed ro increase public awarenegs of the damage that boats can inflict on manatees and their habitat, To tltmc ends, all patrons utilizing the storage facility as well as all shoreline pmperty owners will be presented with an educational package of muterlaJs related to these issues, Recognition and understanding of these lllateri als wi II he required before tlse of t.he facility or dock will be allowed. 4. Secondarv and Cumulative Imnacts As st.aled nnder #3 above. hoater educatiDn and awareness can be cnhan(;ed through programs developed to increase public awareness of the damage that hoats can inflict on manatees und tbeir habitats. including shallow water communities. The information package presented to ownerS at the project site will include docnmentation such as speed zone maps and information on seagrasscs and mangroves in t.he area. Agenda Item ND. SA November 27, 2007 Page 112 Df 190 P,lgc :. of 3 Naples Motor Coach DEP Response We discussed tllis project bliet1y with Rookery Bay staff at a January 30, 2007 meeting. AI that t.ime, il seemed that the slaff agreed that the change on the site from a gcneral use boat ramp to a restricted number 1l~ pl'OpDsed would be a benefit to the area in that fewer vcssc\s would potentially be utili7-ing the shallow waters into and out of the project !lrea. In addilion, the historic use of the project site had moslly fuU-time residents and year-rDund wilization. Thc propDsed project will instcad atlraet palt time resident~ in their motor coaches and will nol have a year-round crmlponenl. With less units, less allowed vessels, and less presence althe property, it should be clcar that there will be mueh more control Dver the activities that occur althe project site. With the lower use and increased control, the potential for water quali ly violations, listed species interactions, or other potential secondary impacts will be greatly reduced. We hope that this letter responds to the Concerns raised by the RBNERR and we would welcome the opportunity to discuss this further should tbey have any remaining questions or comments. Since.rely, ---- ~l --I J? i/ .--" Timothy Hall Senior Biologist Ce: Keith Loakkonen - RBNERR Murk Millor, I'DEP SLERP Skip Bergmann, USACOR Ed Cronyn, SFWMD -'- r;ietJJ~.JF.L ~/.kA . Florida Departmelof. November~fIOj6(fJt Page 11 3'i'>l'''ffier Environ~ental ~PfOllctiotL 0 py t;,~~~:n': Rookery Bay National Estuarme Research Reserve 300 Tower Road Naples, Florida 34113 (239) 417-6310, Fax (239) 417-6315 Michael W. Sole Secretary r Kay Deselem Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 D g @ @; m){j}fF-'-' J.ff/ - 5 ;WIIIIl JW May 30, 2007 RE: PUDZ-2006-AR-I0648 - Naples Motorcoach Resort PUD Staff have reviewed the above referenced application. Outlined below are comments that Rookery Bay National Estuarine Research Reserve (RBNERR) has concerning this project, located adjacent to the Reserve. We believe that the proposed development may negatively impact the primary goals of RBNERR. RBNERR is one of the few remaining pristine mangrove estuaries in North America. Over the past three decades, on behalf of taxpayers across the State, the Deparhnent of Envirorunental Protection has spent over 57 million dollars to purchase lands within RBNERR to protect and conserve coastal wetlands for future generations to enjoy. 111e proposed development will sustain anthropogenic di9turbance in tl1e area, and boating activities associated with this project may impact aquatic resources, and we have concerns about secondary and cumulative impacts to adjacent estuarine ecosystem within RBNERR. In order to protect the long-term ecosystem integrity of RBNERR we believe first consideration in determining permitted potential impacts to aquatic resources should be avoidance and minimization. The applicant has not provided sufficient information that the design of the proposed illy storage facility has taken steps to use avoidance and minimization to lessen permanent inlpacts on aquatic resources nor provided any compensatory mitigation plan. 1. Dry Storage Facility The proposed development is located adjacent to Rookery Eay Aquatic Preserve/RBNERR, and we believe that the dry storage aspect of the project should be reviewed by Florida Department of Environmental Protection Submerged Lands and Environmental Resources Program. Despite the assertion by tlle applicants agent within submittal documents, there is no guarantee that a new dry storage facility will not increase the number of boats accessing RBNERR from the project site as well as alter the type of boats that use the area. Any new boat ramp or docks associated with this property would require an Envirorunental Resource Permit (ERP), and the pl'Oposed new dry storage facility should also be subject to the ERP review process. "Protect,..Conserve and Manage Florida's Environment and Natural Resources" "More Protection. Less Pmcess" www.dep.statejl.us 2. Water Quality Agenda Item No. SA November 27, 2007 Page 114 of 190 The proposed project may have impacts on water quality both during construction and once constructed. Since this project area is within the Outstanding Florida Waters (OFW, Chapter 62- 302.700, Florida Administration Code) of the RBNERR and Rookery Bay Aquatic Preserve, maintaining high water quality is of utmost importance. OrW designation requires that water quality not be degraded beyond ambient conditions at the time of designation. The proposed project has not provided reasonable assurance of compliance with water quality criteria relating to protecting exigting ambient water quality. It is recommended that the water managellli'nt system should be designed to meet SFWMD Outstanding Florida Waters design critteria. Regulatory staff should also ensure the use of Best Management Practices to minimize any impacts on water quality during proposed project (e.g. properly secured turbidity screens around the entire project area, no spilling of gas 01' oil). In addition, there should be no maintenance or fish cleaning allowed at the subject prop"-"ty, as well as no grease! oil! gas runoff from the moored boat(s). All activities within the proposed project should be consistent with the "Clean Boating Habits" as outlined in the "Oean Marina" brochure. 3. Listed Species Protection The significance of the aTdrnalliie in RBNERR area was an important factor in the designation as an Aquatic Preserve. Management objectives for the fauna within the RBNERR is focused on their protection, through preservation or restoration of natural habitats within the area. Manatees are known to frequent Henderson Creek, and potential impacts to manatees from activities associated with this permit should be addressed. The principal threat to manatees is boat traffic in essential travel corridors and feeding areas, resting areas, warm-water refuges, and freshwater sources, Manatees use Henderson Creek area year-round as a feeding and resting area. The presence of boats in the area will degrade manatee habitat as well as increase the probability of manatee deaths resulting from boat collision. Improved boater education is also needed and can be enhanced through programs developed to increase public awareness ofthe damage that boats can inflict on manatees, including additional signage regarding the protection of manatees and related speed zones. 4. Secondary and Cumulative Impacts The open waters and chalmels of the RBNERR area are shallow, averaging less than 3 feet in depth. Improved boater education is also needed and can be enhal1ced through pro graInS developed to increase public awareness of the damage that boats can inflict on shallow water communities, including additional signage regarding the protection of seagrass beds and tidal fla ts. 5. Please l'e-initiate the consultation pl'Ocess with RBNERR if modification to project arises. This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency action. The comments provided herein are not the final position of the Department and may be subject to revision purSUallt to additional information and further review. Printed on recycled paper. Agenda Item No. 8A , November 27, 2007 . '. Page 115 of 190 If I can be of further assistance, please do not hesitate to contact me. Thank you for the opportunity to comment. f{?p:o . RBNERR Resource Management Coordinator cc: Robert Duane, Hole Montes, Inc. Mark Miller, FDEP SLERP Skip Bergmann, USACOE Ed Cronyn, SFWMD Skip Bergmann, US Army Corps of Engineers (SA} 2000-1092) Steven Lenberger, Collier County Environmental SerVices Tad Bartareau, RBNERR Envi.ronmental Specialist Prjm~.d on r-ecycled paper. Agenda Item No. 8A November 27,2007 Page 116 of 190 MANA TEE PROTECTION PLAN SUMMARY FOR - NAPLES MOTOR COACH RESORT Prepared for Mr. Randall Henderson Updated JULY 20, 2007 RECEIVED SEP 1 4 2007 PlANNING SERVICES DEPARTMENT PREPARED BY: ..~ TURIIELL & ASSOCIATES, me. 3584 EXCHANGE AVENUE, SUITE B NAPLES, FLORIDA 34104 TELEPHONE: (239) 643-0166 j<"AX: (239) 643-6632 Agenda Item No. SA November 27, 2007 Page 117 of 190 Naples Motor Coach Resort Manatee Pl'atection Plan Review Revised July 20, 2007 I. INTRODUCTION This summary analysis was prepared to provide information to Collier County reviewers in relation to the proposed construction of a boat storage area on Henderson Creek immediately south of U.s, 41. The storage area would he a part of the proposed redevelopment of the existing mobile home park to an upscalc motor coach resort. Specifically, we have examined the shoreline and benthic habitats along that stretch of the crcck, we have looked at the known boat related manatee mortality information, and we have looked at the waterway leading from the building out to the Gulf of Mexico. The results to date of our findings are described in the following report. The project is located in Section 3, Township 51 South, Range 26 East, Collier County. It lies in the southeast quadrant of the U.S 41 Bridge over Hcnderson Creek, about 1 mile east of the V.S 41 and CR 951 intersection. The property is approximately 22 acres of which all of it was developed mobile home sites but all of the mobile homes have been removed and the entire site has been cleared and is currently under construction (earthmoving and sorting), The property has just over 1000 feet of shoreline, which is sodded. Scveral red mangroves mixed ill with Brazilian pcpper were scattered along the shoreline and fourteen (14) small docks had been present behind trailers. A staging dock associated with the existing community boat ramp was also present. This ramp was located adjacent to the boat ramp near the center of the project and was available for use to the entire community (approximately 290 residences). It appcars that in the course of the site clearing activitics; the docks and shorcline vegetation have been recently rcmoved. Shoreline vegetation removed includes the Brazilian pepper, citrus trees, bougainvillea, ficus trees, and assorted other landscape plants. A couple of mangroves (one red and one white) were damaged during the dock and Brazilian peppcr rcmoval but the rest of the shoreline mangroves were undisturbed. The ramp is still in place. II. PROJECT DESCRIPTION The proposed project is a conversion of an existing mobile home park into a motor coach I recreational vehicle park. As statcd above, there were fourteen (14) residential docks behind mobilc homes as well as a community boat ramp with an associated staging dock. The below descriptions are limited to the proposed boat utilization associated with the project. Private Docks Under the proposal, the owners of the lots along the creek will have the option of permitting small docks for their private use. In addition, a staging dock for the ramp will also be constructed. A total of 26 private docks and one community dock (27 total docks) would result. Agenda Item No. 8A November 27.2007 Page 118 of 190 Naples Motor Coach Resort Manatee Protectioll Plan Re"iew Revised July 20, 2007 Boat Ramo Also proposed, as part of this plan, is a conversion of the existing boat ramp. The applicant is proposing to construct a boat storage area on the property that will house up to 36 vessels and providc storage space for an additional 10 boat trailers. The existing ramp may be modified Lo accommodate the proposed lift that will be used to transport the vessels from the storage building to the water. Only the vessels kept in the storage area and thc 26 private vessels along the creek will be allowed the use of the ramp. This will result in a substantial decrease fi'om the past conditions of over 290 potential users of the ramp. Shoreline The applicant is considcring installation of a retaining wall along the shoreline of the property. Accordin'g to the description provided, this wall will be located landward of the Mean High Water line, will not impact any mangrovcs, and will not involve dredge or fill of wetlands. As such, it will serve to minimize the potential for siltation or erosion from the development into the creek and will help to maintain the shoreline integrity. Since no wetlands or mangrovcs will be impacted, this rctaining wall will have no impact on the shoreline aspect of the Manatee Protection Plan rcview. III. MANATEE PLAN PARAMETERS Water Deoths A certified survey of the shoreline depths has not been conducted but during the bcnthic survey it was clear that there are areas where water depths are less than four feet deep. It is also known that there are shallows / shoals between the project and the Gulf of Mcxico that have less than four fcet of water at low tides. Shoreline Resources In order to assess shoreline resources, an assessment dive was conducted. The basic objective of the dive was to investigate the area for benthic habitats that could potentially be impacted by the proposed projcct. We looked at watcr depths; water clarity, and for the presence of seagrasses, marine algae, or oysters. This survey was updated on May 9, 2007 to verify the continued existence of the resources previously observed. The survey consisted of an observer on the boat and a diver in the water. Shallow water depths (<8 feet) allow"d us to snorkel to transects, We dove both parallel and pcrpendicular to the shorelinc while investigating the bottom. The dive turned up a patch of scattered seagrasses along the shoreline. One small patch of Widgeon Grass (Ruppia maritima) was observed along one area ofthe shoreline from the water's edge to about 3 to 5 feet out from the shore. Most likely, this is as deep as it can grow in this area and still get enough light. During the first survey, there was a lot of water coming over the weir on the north side of U.S. 41 and between the foam from the churned watcr, and the suspended sedimcnts in the water, light penetration (approx 3') as 2 Agenda Item No. SA November 27, 2007 Page 119 of 190 Naples Motor Coach Resort Mallatee Protection Plau Review Revised July 20, 2007 well as visibility (approx. 18") was limited. The grass density was sparse and varied between 2 and 15 percent. The majority of the shoreline had no grasses and no other quality benthic resoW"ces were observed, There were no grasses observed around the existing boat ramp, During the most recent survey, no water was coming over the weir but visibility was still very limited, The proposed site plan indicates that there are 3 lots whose docks could potentially affect the seagrasses, The extent of the seagrasses observed during the dives was approximately 140 feet along the shoreline extending about 3 to 5 feet out fl'Om the shore. We believe that the access walkways for the docks would impact no more than 9 square feet but this will have to be re-assessed, as pali of the permitting that will occur immediately prior to any construction. An exhibit depicting the shoreline dive transects and the area where seagrasses were observed is includcd for review. Manatee MOIia1itv The Florida Fish and Wildlife Conservation Commission (FFWCC) database indicates that there have been 130 manatee deaths in Collier County between April 1974 and December 2006, which are directly attributable to boat impacts. Ofthese, fifteen ofthcm (<12%) have occurrcd within five miles of the project site. Since less than 20% of the boat related deaths within the county have occurrcd within 5 miles of the project site, this site would not be considered to be within a high manatce use area. An exhibit depicting the location of the boat related manatee deaths is included for review. IV. RESULTS AND DISCUSSION The existing ramp is essentially a "use-as-you-will" ramp with little to no supervision or boater education. As part of the renovation, a propel' management plan should be creatcd to maintain the marina in up-to-date condition and with most current BMPs in place, In addition to the management plan, an education program should be developed (preferably in conjunction with Rookery Bay NERR staff) with infOlmation on manatees, seagrasses, and the local waterways for patrons of the building, This would add a level of protection to local reSources by informing the boater's of easily defincd do's and don'ts in our local waters. Due to the width of the waterway and the Water depths associated with the project, dock lengths should be limited to 20 feet. Either perpendicular or parallel mooring is possible at the site except for those three lots where seagrasses are present. At those lots, only parallel mooring should be permitted outside of the seagrass footprint. When the homeowners apply for their dock permits, a benthic survey should be conducted to 3 Agenda Item No. SA November 27, 2007 Page 120 of 190 Naples Motor Coach Resort Manatee Protection Plan Review Revised July 20, 2007 determine if the seagrass coverage has expanded. If the proposed dock will affect seagrasses, then parallel mooring should be proposed outside of the seagl'ass footprint. According to the analysis, this propeliy should be classified with a moderate ranking under the Collier County Manatee Protection Plan. The Intended use should not impact 5% of the existing shoreline or benthic resources and it is in a low manatee use at'ea, but the depths out to the Gulf are less than 4 feet in some places. With a moderate ranking, the propcrty would be allowed 10 slips per 100 feet of shoreline or approximately 110 slips. The moderate ranking also allows for the expansion of existing boat ramps or dry storage building but prohibits the construction of new ramps or dry storage building. The Manatee Protection Plan does not address the conversion of a boat ramp to a storage building but the applicant's opinion is that such a conversion should be consistent with the intent of the Manatee Protection Plan as long as the intensity of use is not expanded, In this case, the use would decrease from over 1 00 vessels using the ramp to a maximum of 73 vessels including the single-family docks and thc proposed storage area, However, this is not specifically addressed in the Plan and will be up to staff and legal interpretations. The proposed project would allow a maximum of 26 private wet slips, a staging dock for the ramp, storage for 10 boat trailers, and 36 vessels. This is substantially under the current potential use by all 293 residents and also substantially lower that the 110 wet slips that could be allowed under the Manatee Protection Plan, 4 Agenda Item No. 8A November 27. 2007 Page 121 of 190 ~ hU" ~ I I ~ 'dY:) :"q.:~;11 ."J~$}'~( ,~tJ,~ l' ~~h~ I . 'p ~ii ~ ".'~~I~a~ ..... UJ .J ro o ~ I- ::> ~ 0 tr: ~ <{ ::.:: 0.. g ill Cl Z ~ o ~ I- <( (f) en ~ '0:: C> ~ JAiU m~ B--t!3 ~~ ~/l .~] I~ cog ~ ..:g ~~ ~~!" ~8 ~~ ~i h ~j J~ ~~~ 'l! :z ~ Gl S "A,.. 4,'(1)>1'. ;z;~,'i:6.EiH)t. ~ "C;!1:.;i;' y N ~ i ~ ~ Ul ~ w " ~ . '" Agenda Item No. 8A November 27,2007 Page 122 of 190 COpy .j. ,..' ') MenlO GI'eys(onc Naples Motorcoach Resort AR. 10648 June 7, 2007 RE: Trash Location Kay Deselem sent an e-mail on June 4,2007 concerning access to trash containers. We have lookcd at the trash & recycle ene10sures and the location appears to meet the intent of LDC 5.03.04.8, We have prepared 2 exhibits, one for the trash and one fOl' the r~.c ycle, to show this la' x60' access area. The recycle enclosure was rotated a little ill order to have the requirect 10'x60' aCG"SS ) area in front of the enclosllre and the radius of the entlY was changed from 30' to SO', Note the distance from the enclosure to the right-of-way line is about 70 feet. Note the distance from the enclosure to the edge pavement of Hellderson Drivc is 109'. The trash truck does not back onlo Henderson Drive, the truck does a 3-point turn around within the boat storage facility plioI' to exiting the site. The entry gate off of Henderson Drive will remain open until the truck leaves the project. ) H:\2005\l44\wp~cll\trash truck access 606-07 Item RA /" I November 27,2007 I Pa~1230f190 I J 1 ::l ~ , I ~ ~ I I I 0 15 30 , , I SCALE FEET W: SCALE: ," = 30' 1>1 -, a:, 0, 1Zl 0: (/)1 10:1 Wi oj 1ZI WI J:, 1 ::l ~ I ~ ~ I , I I I j HVI HOLE MONTES BIlJKIRS'MICEIlS.flRt'E'tCIIlS 1NIlIl>I'E""""""'" 950 EnCOffl Way Naples. FL 34110 Phon<>: (239) 254-2000 florida Cortificate of Allthonza.tJonNo,1n2. NAPLES MOTORCOACH RESORT DUMPSTER ACCESS PROJECT No. 2005.1+4 CAD rilE N..wE: 1RASH (XHIElIT - ITEU 101'2 Aaenda Item No 8A ;:;:Y I Novemoer' /, LU I , I paN1240f190 , I I I ::l ~ , <( I ~ Q:; I I 30 I 0 15 , I 1 SCALE FEET W: SCALE: ," = 30' I>l - 0:1 C: 'ZI 0: (/)1 10:' Wi Ci IZ, WI I:I I ::l ~ I ~ Q:; 1 I I I I IHMI HOLE MONTES BklHBllI.fI.NtIal$.6UlVEYOOS -~ 950 EnCore Way Naples, FL. 34110 Phone: (239) 254-2000 FIorlda Cortlficate of Authorization No.1n2 NAPLES MOTORCOACH RESORT DUMPSTER ACCESS CH{o.:EO ev : Pf<<M:CT H<l. J.C.N. 2005,144- CAD rtLE: .,U.I.l(: RECYCU: ()CHtBIT - lTfIA 2-QF 2. Agenda Item No. 8A November 27, 2007 Page 125 of 190 Excerpts from the Conceptual Water Management Report Agenda Item No. 8A November 27, 2007 PUDZ-2006-AR.1O~'W'e 126 of 190 PROJECT #2006060057 DATE: 10/13/06 KAY DESELEM NAPLES MOTORCOACH RESORT (GREYS TONE) 23.20 Acres Water Management Report for Rezone purposes By: Hole Montes 950 Encore Way Naples, FL 34110 :< --;:::::>--z- ~ ____________~ /6 -/ Z.-a-c /-- Jerry Neal, P.E. 26646 lIM Authorization # 1772 Tel: (239) 254 - 2000 September, 2006 Agenda Item No. 8A November 27, 2007 Page 127 of 190 Naples Motorcoach Resort RPUD (Greystone) Narrative Location The subject 23.20 acre tract is located on the south side of Tamiami Trail East (US-41) and east of CR-951 in Collier County. This site has 1,070 linear feet of shoreline on the creek. Proposed The proposed plan is for a motorcoaeh resort with 200 lots, club house, pools and associated parking lots, teIUlis courts, bath houses and dry boat dock storage facility with existing and planned boat docks, This site is on tidal waters and the stolm water management plan is based on the watershed of 22.09 acres (less the canal) that will be draining to the lake. The stann water nUJoff will be directed to the lake for water quality, then, thru two structures; (a) WSC-l with a 3-ineh bleed down orifice, and (b) WCS-2 is an overflow weir for water level exceeding the water quality elevation. The water quality calculations provides for 150% of that required by 1" or 2,5" impervious, The overall site percentage of impervious is 53 % and pervious is 47%. SITE LAND USE The overall site land use is as follows: Items Acres % Building Miscellaneous 0.28 1.2% Concrete Pad (motor coaches) 5.19 22.4% Paved Road/ Parking 3.90 16.8% Sidewalk area 0.08 0.3% - Pool Desk 0.26 1.1% TelIDis COUlis 0.30 1.3% Lake 1.59 6.9% Canal Easement (includes Y2 canal) 1.11 4.8% Omss/ Open space 10.49 45,2% Total Site 23.20 100% % Pervious= 11 ac= 47% % Impervious= 12.2 ac = 53% H: \2005\2005] 441 WPISCII05,144STORMREI'ORT9.06.doc Agenda Item No. 8A November 27, 2007 ~ ,.. . ~ 0 ' .....:;l~ ,_v -" " Gulf of Mexico N.T.s, 14M HOLE MONTES DmlRS I\>>IflRS Slilflll<S 9[,O EncOIe Way Naples. Ft., 34110 Phone: (239) 254.2000 FlorIda Certificate ell Aulhrnizalion No.1772 NAPLES MOTORCOACH RESORT (Grcystone) VICINITY MAP CHECKtD OY: J.C.N DRAVIiN OY; S.CJ OAT[ : 6/30/00 "'RO~CT N.., 2005.144 CAtJ m[ NAI.lE: EXH./ViclrJlly Elonan - HrlJ Vicinity <(1'-0 coom =~ ,- o 'm =~'>JN Q)~~ _OJ -.0 OJ "'EO> TI OJ ro c::>o. 0)0 :;{z '~lT :lNII.a"",,"", ! . i I ! 'Iii {'I .~ 1 ~! ',; 1!1 I! I!I II: Iii I <:::(z) o 8 ~ ~ "'" ..... J , . !. ~ i d ,I ~ I ~I' q i "g "'oW ~. n In H -~ i >0 '[~ :r 1 .. ~ -, i I :1 ! I 'I: Ii illil " ,'" " qiJ. I , ! I i~ I ."\ I il: II 1\1 i I:j' 1\11 . . . . ~ - ~"~ i!lll 1'.111 I Iii 'I i '.1' I ' l~ I I' ' ': I I' , , '1:1' :,' 'II ~~ tlJ-' I ""1 - ~1J:~ '\.: , , ,'" I'll ill, Iii I 1"1 ' :Ii i ~~ ! l' , Uil Ii III;' II ! Ii - I f. I :1. ,. ~ I f"j" , i I ~tJ ,i~I' I ' ':i11J : ! '{I i I I f;~' I I !if,".' II II t I ! 1<' j I! h i ( ~ I ! ~ . II g Ii" II ~ , i : : ) t II II i I i i , I i i f i 1 : I llO'.....NPo. lH1Al1!J<_! , , , ! ! ! I ii" I; '/1 I'! i I i I :-""~~'-:-'-t f '" '~ o ~ ~ '0 ii oil pOl ~ ~ N N ~ i',J. .. ~ '" Ii' <> IPIN - ~ . . I" . I ~.:;; , , ,g ~ 'll 'B f '" I,! I'll '1'1 ~b z " '" 0. f- Z .. " 1;: " " z " f- " iii ;: '" >< ~ .. " ~ ci :;; 0: U I F~o~~ .;1. ll,- j~'~I' *~&. , l~ , In :I:~I u ;;;tr eno Wen "'.. :;'''' z:z: fLU o(!i i'!u 0:'" og eno :!!:> ",en o~ ~~ o i II ! , Agenda Item No, 8A November 27, 2007 Page 130 of 190 WATERSHED LAND USE The canal easement will no be pal1 ofthe onsite watershed which is summarized below: Items Acres % Building Misccllaneous 0.28 1.2% Concrete Pad (motor coaches) 5.19 .c"- 22.4% Paved Roadl Parking 3.90 16.8% Sidewalk area 0,08 0.3% Pool Desk 0.26 1.1% Tennis Courts 0.30 1.3% Lake 1.59 6.9% Grassl Open space 10.49 45.2% Total Site 22.09 95% Percent of site pcrvious = 10.49 ae122.09 ac = 48 % Perccnt of site impervious = 11.60 acl22,09 ac ~ 52 % The overall site pereentage of impelvious is 52 % and pervious is 48%. DEW A TERlNG: The installation of utilities will be dug by dewatering and a separate application will be submitted for this procedure, Soil Stora!!e Soil Stora!!e (Lake Side Slopes 0.46 ae) 3.85 = average grade = (2.2 +5.5)12 2.20 = control elevation 1.65 = storage depth From Chart on page E-3 Figure E-l 1.2 = inches cumulated available storage (1.65 depth to W SWT) 0.025 inches of soil storage [(0.46 ac pervious 122.09 ac total) x 1.2 inehes] CN = 10001 (0,025+ 10) = 99.75 Soil Stora!!e (North and South Ollter slope perimeter berms 0.47 ac) 6.00 = average grade (5.2 + 6.8)/2 2.20 = control elevation 3.80 = storage depth H: \2005\20G5144\WP\'\CI\05.] 44STORMREPOR T9-06.doc . , From Chmi on page E-3 Figure E-I 7.25 = inches eumulated available storage (3.80 depth to WSWT) 0.154 = inches of soil storage [(0.47 ac pervious / 22.09 ac total) x 7,25 inches) CN = 1000/ (0.154 + 10) = 98.48 Soil Storage (East Outer slope perimeter berm 0.20 ac) 6.30 = average grade (5.1 + 7.5)/2 2.20 = eontrol elevation 4,10 = storage depth From Chart on page E-3 Figure E-l 8.4 = inches cumulated available storage (4.10 depth to WSWT) 0.076 = inches of soil storage [(0.20 ac pervious / 22.09 ac total) x 8.4 inches) CN = 1000/ (0,076 + 10) = 99.24 Soil Storage (West Outer slope perimeter berms 0.24 ac) 4.50 = averagc grade (3.0 + 6.0)/2 2.20 = eontrol elevation 2.30 = storage depth From Chart on page E-3 Figure E-! 2.5 = inches cumulated available storage (2.30 depth to WSWT) 0,027 = inches of soil storage [(0.24 ac pervious / 22.09 ac total) x 2.5 inches] CN= 1000/ (0.027 + 10) = 99.72 Soil Storage (yards 9.12l1c) 5.9 = average grade = (5.5 +6.3)/2 2.2 = eontrol elevation 3.7 = storage depth From Chart on page E-3 Figure E-I 7.25 = inches cumulated available storage (3.7 depth to WSWT) 2,99 = inches of soil storage [(9.12 ac pelvious /22.09 ac total) x 7.25 inches] CN = 1000/ (2.99 + 10) = 76.96 H: \2005\2005144\WP\SCJ\05.144STORMREPORT9-06.doc Agenda Item No. 8A November 27, 2007 Page 131 of 190 Agenda Item No. 8A November 27,2007 Page 132 of 190 Summarv Soil Stora2e Location Area acres Soil Storage inches Lake side slope N-S Outer side perimeter berm West Outer side perimeter berm N-S Outer side perimeter benn Yard Total Pervious 0.46 0.47 0,24 0.20 9.12 10.49 0.03 0.15 0,08 0.03 2.99 3.27 Sta2e Storal!e Volumes Control Elevation = 2.2 ELEVATION , LAKE SITE TOTAL 2.2 0.00 0.00 0.00 3 1.29 0.00 1.29 - 4 2,98 0.00 2.98 5 4.77 0.00 4,77 5.5 5.71 0,00 5,71 6 6.67 0.98 7.64 7 8.66 5.17 13.83 Water Qualitv Calculations 1. First one iuch treatment for the site 22.09 acres Site area (22.09 acres) x 1 ft /12 incbes = 1.84 AF 2. (2.5 Inches) x % Impel-yious (Assumed) Water Quality Area = Development site area ~ (water surface + roof) = 22.09 acres ~ (1.59 ac + 0.28 ac) = 20.22 acres for waleI' quality pervious/impervious Impervious Area = 20.22 ac - pervious = 20.22 ae -10.49 ac = 9.73 ac impervious for water quality H: \2005\2005 144\WP\SCI\05.144STORMREI'ORT9-06.doc Agenda Item No. 8A November 27,2007 Page 133 of 190 % hnpervious = (9.73 ac I W.Q. P/I) * 100% = (9.73 acl 20.22 ac) * ] 00% = 48.]2% WQ Required = 2.5 inches x % Impervious = 2.5 inches * 0.48]2 = 1.20 inches to be treated WQ Volume required = inches to be treated x (watershed - lake) x lft/12 inehes = 1.20 inches x (22.09-1.59) x Htl12 inches = 2.05 ac-ft required detention storage The required volume of storage is = 2.05 AF x 150% = 3.075 AF Water quality elevation for entire system starts at control elevation 2.2 ft NGVD The water quality volume is met at elevation 4.15 ft NGVD (3.075 AF) WATER QUALITY 8 1. 1~NGviJ] 7 6 5 4 ~ :> ~ 3 w 2 o 0.00 1.00 2.00 3.00 4.00 5.00 fWD LAKE VOLUME 7.00 8.00 9.00 10.00 Dischal'ge Allowable Unlimited discharge on tidal water = allowab]e discharge per pennit SFWMD BCB The mean high water = 1. 7 NGVD Control Sti'ucture WCS-l Bleeder = Weir = Pipe~ Circular, Invert Elevation = 2.2 ft NGVD, Diameter = 0.25 ft. Broad Crested, Crest Elevation = 4.2 ft NGVD, Length = 4 ft. Diameter = 2 it RCP, Manning's n = 0,0]2, Length = 240 ft. H: \2005\2005144\WP\SCl\05.144STORMHEPORT9-06.rloc Agenda Item No. 8A November 27, 2007 Page 134 of 190 WCS-2 Bleeder = Weir = Pipe = None. Sharp Crested, Crest Elevation = 4.2 ft NGVD, Length = 10 ft. Diameter = 5 ft RCP, Manning's n = 0.012, Length = 275 ft. Time of Concentration: TC= roofto driveway + driveway to road + road to inlet + inlet to lake Individual sub-basins to storage area is about 10 minutes average Watershed TC ~ 3 min roof + 5 min driveway& road + 1050 If @ 0 00:8 fps in pipe Watershed TC = 3 + 5 + 22 = 30 minutes = 0.50 hours Summary of Flood Routines (Cascade 2001) The peak discharge and stages for the 10 - years (I day), 25- years (3 days) and 100 _ years (3-days) rainfalls are as follows: Watershed: 22.09 acres Soil Storage: 3.27 inches Time of concentration: 0.50 h Initial Stage: 2.2 ft NGVD Allowable diseharge: unlimited Storm Description Duration (days) Resulting System Retum Frequency Peak Stage ft Conditions Peak (years) (NGYD) Discharge (cfs) ~ 10 years 1 day 4.73 unlimited 25 years 3 days 5.39 unlimited 1 00 years 3 davs 8.30 0.00 Elevations: Minimum pavement elevations: Parking spaces Driveways Minimum finished floor elevation = 4.80 ft NGYD = 5.40 ft NGYD ~ 8.30 ft NGYD H: \2005\2005144\WP\$CI\05. J 44STORMH EPORT9-06.doc (\J c--o u. :)q~. </ ri 0 J~ ~ > .0 i ~ ,~ l.:') ='''M ClJ'-..... u 2m :- " cu~O> ~ " --,a: co t- ~ a3>o... w </ if) ~ Cl 9 C> ':Y'~ " "- C> " lL ~ ru < ::;:: u ~r . ; I ~-~. ~~~!i 1i~ 8i ::1Ii'i~ l!H i~!r' ~ ~'.' < H !~I-I - ~ ~ ==:' ~ .::~. -- ~II =~ I & - =11 L: ~_. N . ~ z ~ 1 ~ < ~ " o ~ lo~ ~J -0 -1 -------=- . 1 "r<' "")"-.cl. ~ t;~ W:~ d 0" a~ iJlJ t t' ,j i . f-- W ll'" 0 D' (n :J W l- ll'" U :J' :r IX: u I- <( (f) ..J 0 ..J <i' u 0 f-- ll'" n:: W 0 l- e, f-- z 0 0 2 U (I) ll'" W W ..J l- n. <( <( 3: z ~ :! . 1 . -~ . , @ ~I. 1J11 ~ \\. ~/) ~ ~ j ~ I (I) '-' ;: ~ "-' '" :::> LJ t- U ::> '" t- V> ~ -.. ~ s w 0 :! '" >- . . z . 0 . u .o-l a: w >- "" ;: m , m z ~ ~ ., '"' u ~ 1> o ~ = , . N . 'd c o '"' >. .Q b fQ'~ g '0 ~ ~ $:; ~ ~ --: b e (');t U 0 ii 8riN~~ C ill -m~g ~ o ~ f3 ro ~ ::: If) D-_U ';:: O>~~~~ 51L;:;I g -& ..;( ru ~.<; ..." > ~ ;;; 0. . '"' . I~I O. I~~ ..J~ O~ I. -. .. .u,' ,. ',1 t i~' ~ . ~ N , ;;; OJ ~ , e<l < 0- W q / < o Q . L ~ 4~ ell lD \D .... U'\ o 0 o;i II ~ (Jl ~ m~- ~ i~~~ ~ ~ ~ .~ if) g is 1;;_ -~Z"'< ~ ~t.l>-u U--' It) ~. ~~~2 0 > . 0 13 ~ ~ ~ lU <(r--O "- co 0 OJ. ~ C\J o~ , C> ON-- ~ . Z _0 > i lU ' r-- " ~N(D - CO <D~~ _<D '" -,.DID lU ro::CJ:l i 0- :::: -0-'" (/} :::?;o... "- i " <DO ~ I I C> C> ~Z X lU ~ LJ J~,I ~ I i.g. I~r:i .g~. ~~~. ;;1!:l!8 > ~ .1--.9 ~~l~ < ,- I I L_-.J ="'= ~ - ~~ ....o-=~ ~~ ,~- . :;===- -~~ r ~ ~ . ~ , j . d od .0 ." de H! . 0- n:: W o u:: l/) ~ wI- u:: U ~ I 0:: U 0- <( l/J 0--,--' u 0 <( u:: f- Ou::w f- I- 0 o :3 :2' U (J) a: ~ i:':' 0. <( <( :;;: Z > " . 1 ~ ~ .~ ~ \(1 ~ ::._~) < , < ~ ~ N f, I w (!) ~ 0 $ ~ .----'-1...1 w no => .... o => no .... v, ...J o no .... :z o o a: w .... ... - > L . " ~ " 1i ~ '" .Q ." " iD';;go~ t ";-__O/llJ-.,. 0 ~'<t N(ij""": a:: III f') ~ (J 0 (s...Pt)II::"Z r: U LL. N 1: c ~ C __Go ~ W u)~U15 :.:.: fi?; ~ti~.~ OJ m " C 0 z g;d"::5 ;g o 0 0 IE .:f. (1J ~ => < . . l . t :~ j~ ""~ - I c-'''."' ~ J g . r ~ ~ '" ., iU Q . M "' , ~ u '" ...l .0 d ~ 1[3~ f-' z~ o. " :I:~ ~ --'B Oil I. ~ . ." .; , <;; u '" , -' <' ~ w ~ / C d 0. J L . . " f' \0....... I,/) o o~ II ::E CJI aJ~- /' l:! ~ l:! ~ ~ ~ ti ;'!i ~ / . :'; " ~ ! g 1;u>-u;'O""II; ~ ~Vl:Vlg"'~Zg ~ } /j1 ~ tlJ <(r--o 000 cr;, --.0 ~ I~ o -,.... c<."'.Jr;r-; CJ"""""'" -0) -.00) ro:;:rn ""C,..... ro ~O)ll. CD > o ~z n " " "-Ill I! ~__I' V' ' :\,' ., ;1 .' ':' . '[ ., , ., " , " D i' ~ ., , : ij ,1--... ;,p \"0.. ,.'" ~~! ': , :~J , I' : .' ! , .,f , ;:.t", , . : .~~' ! ,: .[/ , i , [: , , , : , , , , : ! l ! , l . , ~ ^ ! ; i ~ . '0 ~ ~ ~ b ! I Ii ~ . . 5 . ,~ ~ ~ n ~ i 'f I ~ 18 ~ I , , n i . "" 10 ~ ~ I~l i. N 0 I , " , :I, m Iti , . , , . .. . x ~ , ~ w il I .', ~I "___c' 0 ,;;;:(;l l'l!1, " I ~ I, n~'~ ~. r I r I ~~' ~. h.! ~ " } , ~ n , ~. I ~;; , i'! .... n , I N 1 , I ... Y , :.~ _..~._--:-h-i . ~, : t= ~ ! -~ ~" :11 , 1_ .~ I L' ... '.' ~ " 1 , l'i ( .~tL..:Ji'l. , , r 1 ,:.J III l , , z " III 1 '~__',"",,-\\ . , .. - ,-:;'iiii.--,I' , "'1\ ... " , 0. , .11 ,il , II , , ~ < f- ---.. , Ii \ ! l ! l l , ! z I , IU , 0 i 1 10 ~." , ,~ :; , [: , , ,. ~." IU , " II .. <!J <!J , 1 ,. \,5P - ~ : .~ HI .. z v' z 0 , .. f- [("-n~,- ;:: .. Iii , l.~---- '\ :; . ~ ,A~ u , -"'Y~l= :E W ii , . '" >< "T ' " '" , " IU t i ! t. f- lU , . ,. .. . ~\ ,i, : , 3: ~.... , oj, , !l ur,o.l , , Kfit , ci , ill I ,L , 3NO~iiidiili4 :i ,1 v "- j'r ' ' , i , a: 1 l"ifOtl , (j , '. ~ ,l I /j! ~\1 , ,t; , "Wl1Vr' F'II, /' e ~~~::f' ," : II " . , ~ ~~ \, r n: t'~'~ , " ,\..... ,01,', [>fl- , J"'-- 1"""'-"1<>0 '" : , ~, JJlD<IOHd ''''''';::~--J - - .~ .----'..i-o;ri~.--:... ~f~~l __ ~ H'L.. : ';11' <... " , ~, ~?; : Z~d~ ll':l , , l ! ! ! \: ~ ! , ! ! ! l ~ l . ~. , . / J U ... Iii II ." I" ih> Iii . I~: ! " I: !! ) f' if , ': ," " 1)'1 ~ , I: ~ j:l , )1 ~.."" -:"~" 4-" 4';~:;-:r<" .,....,;./y I , ! <::(z) . c i! i << , .., , " H c ~~ ~ " ,.~-, , , , " ,._-..<:~:~>, I~~ :I:~i l , -l I . , ..i ! II <J ~ f- '" ,.:: 0 '" on 0 w on '" , W :t: , '" u , :t: <( : 0 0 , <( l) i 0 '" , " 0 , '" r " 0 0 , , ... " , 0 on 0 , " W , '" -' , w n. , <( , -' Z , Q, , <( , Z , , , , sli , , : , , , , , ~ ! , , : , I : : , II " ! " ~ i I. tl1 ~:l }'! " ~Il -..... ,,----...... ',," -....-- ....--....... --..................--".. Agenda item I'JIladiAI of 1 November 27, 25'07 Page 138 of 190 DeselemKay From: alleygatoralley1@aim.com Sent: Thursday, October 18, 2007 8:20 AM To: MurrayRobert; Iindyadel@cs.com; ReedCaronDonna; SchifferBrad; Tuff Russell; Vigliotti Robert; norskitor@aol.com; pmidney@eollier.org; StrainMark; DeselemKay Subject: Oct 18 meeting October 18,2007 Dear Planning Commissioners, I am writing this letter in regards to one item on your agenda today. Petition # PUDZ-2006-AR- 10648. I have talked to some of you in the past, and in talking to some other county officials and many residents, I was told that Collier County did not want another RV Park. The site that these people want to put a Motorcoach Resort on used to be Greystone R V & Mobile Home Park. This was home to nearly 300 residents, most between the ages of 65 and 85, some of which only occupied their homes in the winter but they still considered that home and we all looked forward to seeing each other, as we were a family, not just neighbors. We took our case to court and obviously the big money won. We all became homeless. We got only a small percentage of what our homes were worth._Not nearly enough to statt over. Many residents have suffered serious illnesses and several have passed away. We ask that the building of a Motorcoach resort not be allowed. Why is it that people feel they have to knuckle under to other people who have a lot of money? Our senior citizens have spent their lifetimes working and supporting our country and have made sacrifice after sacrifice and what do some of them get in return? EVICTED. Something is truly wrong with this picture. I hope that you still have the letters that were sent to you many months ago by the residents of Greystone. They are supposed to be part of these meetings. We are all watching to see how things turn out. Thank you for your time. Denise DeWitt Phone # 765-215-4882 Ch!,ck. Qut the lIew free AIM.(R) Mail-- Unlimited storage and industry-leading spam and email vims protection. 10/1812007 1 239 5306351 FAG!;: 002 ()!' 002 Agenda Item No. SA .. '.' '.-':' ::;'::::.\:'::;'::':::': :/:.:~::::::~q;~/.?006 11: 39::,m:.:::,fr1~:~:::r~~:::::,:::,~?:~://:-:-:::,:,:,:-:.:,: . ..'.. '.' '.' ....'....-.....-.-...- ...... "'-:":-":-"::"::':::':'::::::::':::::.<'~~~a~:~i.j2~7-g~Y~6 :. . :.,. .. . Fr(nn: .J6bri, and Sandra Pribesh (Greystone Residents) .' . .. 1~. "' KA'V D"E'SE::;l' 'E'M" . o. ... ",.. , As a retired Suhmariner and as with most other Gteystone . . . . , ... . . . residents, we have iuvested a healthy portion of our retiremeI savings to buy into Greystone to become part of a close knit community. This pastY~arwe'officiaUybecarne Florida resi as we spend moretime there than in the north. Greystone res typically 'represent working class.poop-Je who bave found . southwest Florida to beagreatplaecto .livc both yeaTmulla. seasonally. Many are tl1their 70's, 80's and 90's livmgoll 11 incomes. V,le use our ffuanciafresources to frequent retailst( restaurants, golf cOUfses.bowlingaUeys.u.tilities and yvery 0 type of business in Naples and CoUierCounty. On a regular . we read in the Naples news and hear 011 TV that CotIiercouh a hard time retaining teachers. police~n.firefighters~etcbel oftbe lack of affordable housing; pWe\\rantto keeptbls aJfoi . . bousingby pursuing the purchase of the property ourselves a; operating it as a Cooperative housing site.. Doing thiswilIpr- the displacement oftbe elderly and be a. positive move on the of CoUier county to retain affordable housing thereby dtminh the claims that Colliercm.mty only wants tberich. Tothis~n strongly objecttoanyeffortto rezonetb.isparcel of landfor~ other use thanwhilt it is presently zoned for and request 1hat : dehy any applica:tion.forrezoning.,.. . ~ ~.o-^ Thank You John and Sandra.Pribesh , · ."'....."^ T' ".." "*', .", '"~'f . f" ......... ,'" '1IIH . ~Tr1'$In'n ., ...,.,.... n.. f~ . /{CUJ- ~ ~ L~OO '77,~ M. ~, J-~ 9'fICJY f).uv.- ~. ~, '~ -eJ::tw e.~ ~ ~d.. ~ ";/- ~ .1;6 ~U7f~.u ?~, ~ 1'~~u~ 1 flu fa.A-L (P.-')~ of ~G }jR-oA-- f"-~' '-fBAX .:97 ~.. k ~'o.MJ' 7' f-di-uJ ~ aAJ-~ ~ _~ ~ ~ ~.4. 7r~U4U J kf..:t '71(/ ~ ~ ~ f'-~'v 0 ~lcd:iv J J C4u-1c;L vJ.y- ~ ~tJ ~ tcvct, Jv-. U17t.A ~H.L-1'-dLd ~ ~~-> ~ ~ ?VYv ~1~ /UZ1.L;"-;J; ~ ~ of .~ft""'&'h)~~~-dJ~~ ~. 'J7<;uY tJ.ft ~~~L J ,- ~ )LLu.y "a.;rd~ ~UA:../J~ cJ7V ~a.4~ ~~ ;t~ /~ ~ .~ C1Ltr0 Aj~u Xv /Vu., ~~ &j ~~{'0~' ~/vt;. 1Y~ ~ ~ ~d...v /u.-0.~ ;;t.r' c/.f ...e-uu.~6 ~ ~~ '/!:uJL ? .:JA.e-'t ~~ k ~ ..t:/~ ~~ I ~ ,d-tJ )LrY0 ~~ ~ ~a~ u~. ~. ~~~ ~~_,~~Y/UJU/ ~ _ .P~ 1uV!<--' ~ :Jv-d-d-. ~~~~J ~ ~. ' RECEJVE' ~~~ JUN 1 (; 2006 ~ /- ~ DEPARTMENT '-1?() . Agenda Item No. 8.A r. ,~")t 2- 2.2... November 27, 2007 "Yh _ .. . n, Page 140 of 190 II fZU>'-<Y~ )77 '7l / f 91.f '1 ~N, 200b Agenda Item No. SA November 27,2007 Page 141 of 190 From: Debby Yerke To: KAY KESELEM and COLLIER COUNTY COMMISSIONERS, In January 2005, my fiancee' and I moved to Naples to help care for my elderly parents. My parents reside in Greystone. My father has some major health problems and to better care for them we moved from Michigan. Upon moving here we found that there simply was no affordable housing in Naples. Jobs were easy (0 come by but no place to live. We managed to find a home in of all places Diamond Shores. As you are well aware, everyone was evicted from there. Upon leaving Diamond Shores we were able to buy a travel trailer in Greystone since my parents lived here. We purchased our home in January 2006. As you can see we have not lived here long. At the time of purchase the park management did not inform us that there would be a possibility ofthe park being sold. We are not elderly, however we are living on a very fixed income with no where to go, We left everything behind us when we left Michigan to set up residency here in Naples. We have no where else to go. My parents stand to lose there home and we also may lose our home. Neither of us can afford to move our homes. Even if we could, my home is too old to be moved, as most parks would not except it. Don'( get me wrong the inside is beautiful, but age is the problem. After living in Naples, I really don't want to leave, I love it here. I'm always saying, where can you go to see beautiful palm trees, the ocean and the wonderful ocean life. I can't imagine living anywhere else. Please, do not let them rezone our park for any other use then what it is zoned for, I strongly plead with you to deny any application for the rezoning. Thank You ~~ Debby Yerke 13300 Tamiami Trail E. Lot 212 Naples FL 34114 Aaenda Ite~! JA N~ovember 27, 2007 Page 142 of 190 June 13, 2006 Collier County Commissioners, And Zoning Board, I am writ:i.ng this letter to you because my parents have been not1fi.ed that they and all the other nearly 300 residents have been evicted from Greystone Park. My parents have been in Greystone Park since 1993. They brag about how everyone treats them there. I have visited them a few times over the years and there truly is something special about the residents in Greystone. My father has had open-heart surgery twice and is currently in the hospital again with heart problems brought on by the stress of this situation. Any time either one of them has been ill or hospitalized, I know that I don't have to worry about them because their Greystone Family will watch over them and take care of them. They all banded together to help all the people who had damage from Hurricane Wilma last year. It is really something to see. They fish together, have been the champions of Collier County Shuffleboard for something like 13 years, The put on Variety Shows, go bowling, play cards, have dances several times a year and have many other activities. My parents always go to the dances, and bowl on the league. This has been wonderful for them. The worst thing an elderly person can do is just sit around. This gives them something fun to do, and great people to do it with. There must be some way that the residents in Greystone Park can stop the rezoning . application to turn it into an RV Resort, so they can co-op their park and keep their homes. Please help them. I am sure that if this were your pg" ( Agenda~{e';;\ N5"bA November 27,2007 Page 143 of 190 parents you would do everything possible to allow them to stay in their home. It 1s very scary for an older person to be faced with moving under good conditions. But when 1t is forced on them and they will all loose everything, it turns into something traumatic. Not being able to sell your home and having it taken away from you is completely unfair. There have been other residents that have been put in the hospital with conditions to flairing up due to the stress. Our elderly people do not need to be stressed out like this. They deserve to live out the remainder of their years in peace. There are several veterans in Greystone and they fought hard, some of them in several wars for our rights and our country. Please show them that the country that they fought so hard for will fight for them too. I appreciate any help you can give. Thank you ~ ~ultf Denise DeWitt P~.~ Aaenda Item No. 8A N~ovember 27, 2007 Page 144 of 190 June 17, 2006 Dear Commissioners and Zoning Board, My name is Naoma (Billie) Adams. I live in Greystone Park # 45. I went on vacation and arrived back in the park on June 1,2006 to be told and given a letter telling me I was being evicted on November 30,2006. I was told I could not sell my home, but could move it. It is a double wide mobil with an attached room, shed, and screen porch across the front of the house. I then was told I could not move my home because it is too old. Even if I could move it there are no parks willing to accept it. This notice gives me 6 months to move my home and all it holds. At this time we were not given the first right of refusal to make our park a co-op. My home and car (8 years old) are all I have. I am nearing 80 years of age. I have had a stroke and 3 stints put in the arteries of my heart. My husband passed away August 8,2005. I am still having a hard time with my loss. I don't know what I can do now. Can anyone help us? Sincerely, /4, ;ki/2MLdeI:M'ltGJ/ Mrs. Naoma Adams Resident of Greystone Agenda Item No. 8A November 27, 2007 Page 145 of 190 JUNE 17, 2006 COLLIER COUNTY COMMISSIONERS & ZONING BOARD, DEAR BOARD MEMBERS, WE HAVE BEEN TERRIBLY WRONGED. GREYSTONE PARK IS A WONDERFUL COMMUNITY IN IT SELF. EVER. YONE IN HERE TAKES CARE OF EVERYONE ELSE IF SOMEONE IS SICK, OTHERS CHIP IN AND COOK MEALS FOR ll-lEM, OR CLEAN FOR THEM. WHEN SOMEONES SPOUSE DIES WE ALL TAKE TUR.NS VISITING THEM AND TAKING THEM MEALS. AFTER HURRICANE WILMA CAUSED ALL HER DISTR.UCTION LAST YEAR, WE ALL CLEANED UP OUR PARK PEOPLE WERE CLEANING UP DEBR.IS FOR WEEKS. WE HAD PEOPLE THAT WERE GOING TO GET WATER. AND FOOD FOR ALL OF US AND DISTRIBUTING IT ALL OVER THE PARK. HOW CAN IT BE THAT WE CAN ALL BE THROWN AWAY LIKE SOME USED UP PIECE OF GARBAGE AND NO ONE CAN DO ANYTHING. EVEN AFTER WE HEARD RUMORS ABOUT THE PARK BEING SOLD EARLY THIS YEAR, THE OWNER HIMSELF TOLD EVERYONE TO GO AHEAD AND FIX UP THEIR PLACES BECAUSE THOSE WERE ONLY RUMORS:~'THA T THE PARK WOULD R.EMAIN AS IT IS. WE ALL SPENT A LOT OF MONEY AND TIME R.EP AIR.ING OUR. HOMES AND CLEANING UP OUR. PARK. MANY PUT EVERYTHING THEY HAD SAVED INTO PUTTING OUR HOMES BACK TOGETHER.. NOW, HOW CAN THIS BE JUSTIFIED. WE HAVE OUR HOMEOWNERS ASSOCIATION PRESIDENT WORKING ON THINGS FOR US. HER NAME IS DENISE DEWITT AND SHE CAN BE /9./ ,o,genda Item No. SA r,ovember 27 2007 Page 146 of 190 R.EACHED AT 765-215-4882. PLEASE HELP US IN SOME WAY TO KEEP OUR. HOMES. THANK YOU ~J~ /j.c Agenda Item No. SA November 27, 2007 Page 147 of 190 Dear Board Members and Commissioners, I am writing in regards to Greystone Park. We have lived here several years. Being evicted from our homes is very scary. Think about how you or your parents would feel ifthis were to happen to them. We have always been told by the owner himself that we would always have our park as long as he was alive. Well he is still alive and look what is happening. This is very affordable to the elderly. We have stores close by and we can get our medicines right here too. A lot of us don't like to drive much because of all the traffic and with stores being a mile from us we are not forced to be on the road as much. Weare wanting to co-op our park and keep it just as it is now. The owner would not be out anything. In fact it would save him the expenses of junking all of our homes. I do not think this is too much to ask. If this man who wants to buy our park wants to make an R V Resort, let him go get some land that is unoccupied and leave us alone. What ever happened to taking care of our country's elderly and help them to remain in their homes, We worked for many years to get to where we are now. And I do not think that we should be faced with these types of things at our age. Thank you, h . y} ~ f4e'f"'.()w::>-K:., . A.tJ~ /(~oWJ-!~ Greystol1e Mobil Home Park. Agenda Item No. 8.A. I"ovember 27,2007 Page 148 of 190 From: Eugene and Dolores Rounds June 12,2006 To: Kay Keselem-Zoning board, and Collier County Commissioners, I'm sending this letter to address my concern over the recent request to rezone the Greystone Park. I'm asking that you please reconsider doing this as it would affect many of us that have lived there for years. About 10 years ago, we made the decision to move to Naples during the winter months. Being on a fixed income, we felt that Greystone was the perfect place to live out our remaining years. We may be considered snow birds by some but those in our park consider us to be family. People in our park truly care about each other. My husband this last year had several problems with his health. My daughter and her fiance' moved here to help care for him. When we are north I have a son that takes care of us and when in Florida we now have our daughter who can take care of us. This is very important to us, however, we always felt that those already in the park were there to look out for us also. If the park gets permission to rezone, we will be forced to abandon our homes. Most of us can not afford to do so, This could very well put a lot of people on the streets without homes. My daughter will have no where to go. She gave up a lot to move here. We have always found Naples to be the perfect place to live. Greystone has been our home and please let it continue to be. Sincerely, ,rJ / c;;~ ~ .Q~~ Eugene and Dolores Rounds Agenda Item I~o. SA November 27,2007 Page 149 of 190 ~~c:€J~~ 3301 cgast- '%run.imIW 'T;'tt/.it ~ 7J9!, 34112 .9'l11n<' %0ItlnIf 93()(l1U/,anJ., ~~ 'tuU!/18,2006 'T;", "WA.am, 'Ot- ~~, '0 Q,fW~0IV8Judf41n1f~anJ.,t/w1n;~wlwr~uzWl.e,ifr, c:€J~ % 9J. anti; '%~ ~Mkab 13300 1ft. 'T;run.imIW 'T;'tt/.it en, ~ .9'l$-' '0 Q,fW-~~~, tluutAtwe, ~ ~an-twk-fimvnoJ)={rom-netw _wJw.,pl.ail/f.o,m.aIt&~tiuJk~~f.o,t/ws.e;~~ ~in<~~(V{.<7~anJ.,0IV~~i.nc<;me.-. 'T;~Atwe, ~tl..evv4e-~i.nf,o,tItew~anJ.,~~p:tide'in<~tkm'. $00lR/4t/ws.e;~peop1e-~~~ 'T;~M,wdtf.o,...ab, fUUf ~anti; Iuut ~ ~I& 'T;/w.C05t>oftno<<lntf tI..evv 1UlnU7 i&-cu.<tof t/w.~ ~uiJ,e, I~~ iftltei4- fw.me, SWtAtW.etJ~ tno<<lntfOlltkat w/UJi,. ~ would, w.eJeome, tIte.m,? . ~ 'f'!-'Vl.5'o.{ ~9'd&1i.ca.f.ed, taMfl(J'Ie~ fww, can- tIuut ~~ f.o, sU.vWQ.W/t/? "WAe.- wdt rJw, tr/.OIWIf CO#U!' {rom- anJ., wkw wdt tluutfJO'? ~~*mR/~~sWu1f.o.<v 'iJtwuJ.':$-' ~dtize.ns,&ttfl.lW~ t/w. roni#ttf of fiW,v<J/U?Q/f.o, &'cIuuu;d. 'T;1w.vwi1.t~t/w. r..e&i.dR-nts.-4t/w. c:€J~ ~Mkanti; ~oiJwr.&,iI" 'iJ~of~&.wr-~/~ ?J~Iw.t.W~~would,&'if~UieIUl'~f.o,~anJ.,'fCUW~ 'i!.ouU 'f<JUI ju&~ 'fCUW fw.me,anJ., w.af,k.aM1<Uf{rom-~ If<Ul/ Iuut ~ f.o.<v 'fCUW e.niiIu!/ I.i(.e-? ~ ~ ~f.o,si.tuutup-/<w t/ws.e;dtize.ns,wJw.,~~f.o,f.i.9Jwf.o.<v ~ ~~~~~t/w.~'fCUW~Atwe,0#l/ t/ws.e; ~ CZJaw~ t/w.pow.tYlI f.o, 1>UIh/~ ~impacb cuv~of t.w-. ~~tk,.'t-letUs.l.ip~'fOUA'~ c:€JoJ, ~ IJ&<' $~ Agenda Item No. SA November 27,2007 Page 150 of 190 JVI~~. ~~~~ 1314 ~~'I/. ~,em'O 1,8356 'tJJ.3. 'Of '0 ~ (k,afatUf~~CfWi.acbWU!/. '0 awaiJJ 'fOWl'~w w.o.uUw.d<-AJm.e/atUf~~1JOU' Aaenda Item I~o. 8A N-ovember 27,2007 Page 151 of 190 Dear Commissioners and Zoning Board, I am writing to you with my concerns about what is happening to our wonderful little Greystone Park. Apparently there is a man who is wanting to buy this park and make it an RV Resort. We have lived here many years and are very upset by what is happening. It seems to me that there is some kind of law that prevents the elderly and handicapped from being thrown out on the street and have our houses stolen from us. Many of my friends are in the hospital. The stress is causing health problems, Some with heart, some with other things. Everyone who lives here is very special and we do not deserve to be thrown out of our houses. We live in our own little comer of the world and don't bother a sole. How in the world are we expected to move aU our things, when we get nothing for our homes and are on fixed incomes. How are we supposed to buy a new place and make payments on it. These kinds of things are very upsetting, We thought we were living in this place for the rest of our lives. We want the park to remain as it is and let us live out the rest of our lives in peace. Thank you , hL ;j~ ~~~~ Greystone Park Agenda Item I~o. SA November 27, 2007 Page 152 of 190 June 14, 2006 Collier County Commissioners and Zoning Board I am writing in reference to the situation in Greystone Park. I have lived here several years and am very unhappy about being thrown out of our houses', It was our hard earned money that bought and paid for these houses and that put money in 1'/72 Ol!l;ner.<; pocket ai/ these years for lot rent. The owner of tIle park has a/wc:7}1s told us that we would never have [0 worry about loo!:;ing our pade It has been asked many times over the years. Everyone has done a lot of work recently on our places. We had a lot of damage from Hurricane Wilma, and the owner told us to go ahead and finish fixing LID our houses. This was asked of him just this April of 2006. He already knew what was going on because we started getting notified 0/7 May 20, 2006 that we were being evicted. liVe J'esidents want to make a co-op out of our park and exmtinue to live /7ere as we have for 50 many years. I thank you for your time, 1/&2t4 /lJtP~. C'0"eystone resident Agenda Item No. 8A November 27,2007 Page 153 of 190 Kay Deselmen Collier Zoninq Planner 1 have DAen commlng to GReystone since January,1985 and have made it my home since March, 2001. I have a double wide moble home with two bedrooms, two bathrooms, a dining room, living room and kitchen with a screened porch across the front and a car-port and a shed. I couldn't afford to live anywhere else in Naples and at 88 years of age, I hate to think of moving where I would have to find new doctors etc. WE call this our Greystone family and everyone takes care of everyone else. If I had to move, I couldn't afford to buy or even rent anythimg that would compare with what I have. Lillian W. Bryant jJ4, ~j "/.,~ " j , )' '(.......... r-,....-'--~ """,-' .;'.,1(2'+1''''' 13300 E, Tamiami Tr. #51 Naples PI 34114 Agenda Item No. 8A N'ovember 27, 2007 Page 154 of 190 From: James Selover To: Kay Deselern and Coilier County Commissioners, Hi, I would like to introduce myst:if, and ask ieJ]" a moment of your time. My name is James Selover, and] am a regi;;terecl voter in Collier County. r am a full time resident and my place of employment is also in Collier County, ] al11 writing in reference to the ?Ol1ll1g change asked for at my home, Cireystone. I would like to ask you to nut change lhe zoning. It is well known there is no affordable housinll in Colliter COLli11V. r am here in Florida, because of -- . tf1lnily health needs, I was asked to come here. and in illY family, I love my parents and do whatt'ver 1 need (0 in order to C31'e f()r them as I'm sure you Ivould. Mom and Dad have been coming down here Cor the last 10 years or more, they have a home here, like I do. now, I moved into this 55 yt". or older park in order to care for my parents. I houg.ht my home less then 6 months ago, [ look out a loan, and the pat'k l11illlag,~menl knew that., but this is ethics, [ alll not anyone to .iudge anolhlCl', I am askim1. YOU to make a stand here. can we not have the economic , . , advantage of our "snolo\' l)il'ds", and still have a place, that shows Collier ('ounty wants its economit heG,"! of aff()l'dable housing, too. To change the zoning wi!! mCClll removing 3 I'etirement housing unit, that could be looked at 3S 11 very henrtle:,s act. Wiil you tell my parent's why after working all there liv(':'. YOiJ I'd! take ,meay there home') Can not we at least have one place tllat Jixed inec'lIles and working people can affOl'd in Collier County. Can not you sov,. "Yes, we ilre doing something about the affordable hOLlsing problem." Thank-you for your time and ':onsjderaLiol1, /itWO~C~ .lames Se10ver 13300 Tamial1li Trl E, #212 Naples FI 34114 Agenda Item No. 8A November 27, 2007 Page 155 of 190 June 16, 2006 CollieI' County COlllTnissioneps and Zoning Board ]1,([en1 beTs, rAT ?e T ]?it]'n f t;'J Fnll '1'] p yf,ere'I1C'e to vve a1 > lilT .1./. 45 dl. J ,. .. L .. .. c.. . . .' > Gl"eystone Papk.. r1h? .oa ve lived llere many yeaI'S and are ll"eI:;i' upset about the possibility of OUF park being' rezoned and leveled. 7~1]e .is,S'ue of affcJ}?I.:1.able housing IDUSt be addpesseci Ln the apea.. The County should be wen aWf..ll'e of' t.his p1'oblelD, considering there .e,['e constant job openings due to the [a,et tJ7/:z.t.q,[foI'I.1.a.ble housing is not to be fOWld. It c"J.].Jpears t]7atNaples a.nd the SUI'pou..ndin,g' aI'ea,g are turning into places for the pich and not tJH3 .lowe.r class citizen. We feellD.:;,e we a,1'e no lont5-f'ep Tvanted 1n the aI'ea. Like W"B .'JeFve no .l-nzrpose anymore. All we want 1,.'] to .keep our pa.rk as it is a,nd make it a co.op I1.e~;"j() it affoI'da.ble housing aJ"']d a, great pla,c38 to .liVe, ]J,fy husband has 11('j,d severa,] illnesses ,some sepious and everyone In tlwpa,pkh!::;,s a.Jways lJeen t.here to help D78. 7:17.15' is teaI'f..n{{ our GI'eystone FamilyapfJ.Pt, It is not [air. Please recoJl,::,'1der c2ny 8pplication for rezoning Tllank you , b-ri ~g/2!.!Y 4#~ Ilerl7 c"lnd Betty Cpitser Agenda Item No. 8A I-Jovember 27,2007 Page 156 of 190 June 17, 2006 Zoninu (}Joara and County Commissioners, I am writinu tfiis to you 6ecause I am 'Very unliappy a60ut wliat is fiappeninu at (;reystone CFarfv. We liave 6een taU tliat we liave to feave our par~ %is is truCy a terri6fe tli:in{J. We lia'Ve no wliere elSe to go ami no money to do it witfi as we are aff on .fiu:td incomes fiere. <TFiey want to ta~ our fiomes ami give us notfiing for tfiem. Prisoners are not even treatea tnis 'way. %ey get 3 meaCs a tfay,jree aenta~ metfica[ ami prescriptions. 'l1ien w/i.en tfiey get out ofjau tfiey lia'Ve money lia1Uf.etf to tfiem. 'Tfiis is accumufatea wfiife tfiey are in prison. We are not as~ng for anytfiing . unreasona6fe. We just want to li!ep ourpark.ami ma~ it a community so t/i.is can never liappen again. :M.ay6e to some peopfe, ourpark.is no 6ig tfeaf, 6ut to us it is very speci4[ 'l1iere must 6e some ~mi of rufe on tlie 600Rf to liefp /&ep us from 6eing tlirown out fi/& oU gar6age. It is unfaujur to tfirow ~ or pets out on tlie stnet, so wliy is it ofi.szy to tnrow ofi{ peopfe out? 'We wouU appreci4te you liefp in any way. If you liave any Ufeas pfease refay tfiem to our:J{omeCJWnersflssociation (]!resitfent. :J{ername is (])enise CDe'Vl/itt, and sfie can 6e reacfiea on lier ceff pfione at 765-215-4882. 7.1ianf00u j07:/ur time, Ad5 N,ff 'Very concemea (;reystone resUfent Aaenda Item No. SA N'ovember 27, 2007 Page 157 of 190 Zoning Board and Commissioners Collier County Dear Friends, I am writing in the hopes that you can offer us some assistance in saving our Park. (Greystone). There are a lot of people who have lived here for 25 years or more and some have been here over 30 years. We have lived here this long because it is a great community. We love it here. We are all like family and we feel this is unjustified. This is causing mass confusion, people getting sick and ending up in the hospital and a lot of sadness. I do not understand why it is so difficult to let us keep our park and make it a co-op. Some people are not able to drive so they depend on some of the others in this park to get medicine and food. How are we supposed to pay for moving expenses, higher rent, and pay for a new house on limited incomes. These are the kinds of things that happen to the elderly. Then people wonder why they have to eat cat food to survive. None ofus expect to have things handed to us but we have very limited incomes and no way of staying in our budgets and moving. I would like you to reconsider decisions of rezoning. We have always been told by the man who currently owns our park that we would always have homes here as long as he Agenda Item No. 8A November 27 2007 Page 158 ~f 190 was alive. This is some kind of thank you to us members of society who have worked as hard as we have to retire. We supported the elderly when we were young and had respect for them. I don't see where this is a way to show respect for us now. J:;I~ . ~htJtA-C1l1 f.!P~ Greystone Resident A~enda Item No. 8A N-ovember 27,2007 Page 159 of 190 June 12, 2006 County Commissioners and Zoning Board Members, Re: Greystone Park I am writing this letter because I am very disappointed at the current situation with Greystone Park. I do not understand how this can be happening. We are being evicted from our homes that some of us have had for over 30 years. Most people in here are 70-90 years old. This is very upsetting for us. Our homes that we have been told by the owner himself that would always be here as long as he was alive, are being literally stolen from under us. A lot of the other counties in Florida have a law in force that when an' owner wants to sell a mobi~park he has to offer it to the residents first. Why is it that Collier County has no such law? This is very unfair. There must be some way to stop this from happening. We as the residents want to turn our park into a co-op and keep our homes. This is the only place that a lot of us have. We have no other places to go. There is not enough affordable housing in our area. Please have the decency to help us remain here. Thank you /ikif- f?7~ Greystone resident Agenda Item No. SA November 27.2007 Page 160 of 190 June 12,2006 Collier County Commissioners, Zoning Board, To Whom It May Concern: I am writing this regarding Greystone Park. I have been a resident for many years. I am very happy living in Greystone and I do not know how I would survive if I am forced to move from my home. I go up north for just a couple months each year to visit family members. The rest of the year I am a permanent resident here. When I leave to go up north my neighbors put down all my shutters, turn off my water and help get my house ready. Also during hurricanes my neighbors come and get my house ready so there is less chance of damage. Where could I possibly live and have neighbors like this. They are all just like family to me. I would not be able to live in my own house without the help of my friends. We get together in the evenings and play cards. We also have a lot of other activities that keep up busy and we don't have to leave the park to do them. It is safer than us having to drive all over town to participate in activities. We do not want to loose our park or our homes. Thank you, tJ~(/;~/L Yvette Thompson Greystone resident Agenda Item No. 8A November 27,2007 Page 161 of 190 June 17,2006 Dear Kay Deselem and Board, ""' J)Dj\)0A 'Ff'A( A "I- CD(71f11 i 5S /?:J ilaS / I am forced to write this letter because we got eviction notices. I have lived in Greystone Park for many years and this is home to me. We all take care of each other and watch over our neighbors. I do not understand how members of society can do this to people and not feel bad about it. This is a nice park with great people in it. Our roads here can not handle the traffic we have now. I don't understand how it will handle more. We have habitat going in with 250 houses to our west and that by itself will cause a great increase in traffic. Please give us the opportunity to keep our park and our family together. Thank: you for your time. ~ /flc~ Greystone Park Agenda Item No. 8A November 27,2007 Page 162 of 190 I have been a resident of Greystone Park for 32 years. My husband was a severely handicapped person and we came to give him relief from the cold northern winter, My aunt had recommended Naples for it's weather and quiet friendly community. We were lucky when we picked Greystone~r our first winter stay. Because I needed a place where I could feel safe and secure. We found the campers and the neighborhood were just what we needed. The park managers were always quick to respond to any of our problems. Within a couple of months we purchased a mobile home and decided to make it our permanent home. The years have been good and even after losing my husband I don't want to have to live anywhere else. My money is invested in this mobile and I don't have enough to invest in a new one. Where in Naples can you find this kind of affordable housing? Isn't that what every is looking for? If this park is sold you can add me to that list. E~1 l' 71/~~' <(r- 0 ooom ~~ J~ ,0 'M := ,'\j lO Q)"-~ _(1) -.0(1) "'E'" "'OQ)cc c>D... <DO gz . ~ ~-p~.I77-:Y-~ _~a~ aP-~~~~- -;;JJ. ~~ 7~) ., .~. 'l? ~~ ~ ~.-L-~~ ~ -// ~~/~ #_t--~~v:-!~~ ~~, q:..J'c...,;t ,~~z" /7?a- jJ ~ ~/ ~ ' ~ a-;:>~J ~~.,d'L--- ~ ~ "'"? n~<7-'A- ~ ~ ~uJ 77J.4b~ 4._~/::~C?&' ~~ /?/~ ~~/-??a..J ~~. / ~.-/ail~ /~--" ~.~cl:A~-:Y.-J d~.-crt.~~ IZr ~ ;JE;7;l~AY~- /J-;;r;?_~ Z!:::L:jt~ / . . . .. y~ -# /~ .2---. .' ~ Ag~~Ite;N~8~ November 27. 2007 . :J)~CbL k, " tJ/J7!r-J~u. &21~ Page 164 of 190 JI ~:JLd~, J #t);a<<b ~ GlU!Jdtr/lL.. 7/)66d (Y/zt?U' Jddi, d ?-L:cV7C & 1)b-n'1-L ~/~ C~c?~ J (}4.L( ~~/L~ .~ ~ C-?~0djj~ uJ~. tZL(2.- tG--L~t75t ~/r{;/e;1 v.~ CUJL c~~ J t!f- nO~ JJ~. ,!O ~ j W~~~V~/)}Lax- Z;:;Ja~~dJ ~~;r/Io {%t.{j, 01~A- i jJeul< ~C-~). /)(&5-/-' Cn? &2A//kd d6::J?A'-r ./~ ;)-C-- aJIJo ~~ 4h, W r:Zt.L a.. .; ~~ Mv-ie-.. / {J,'.-?)C:;! "L.'(2-u~ ~"~ /)10 /p/-!fU !J!L~ /I C~1>~)Y-v' ,u2{fui-- ~~ ~~ d2 lfl1ci ~ O-t-~~;l r"?~ Z-f)~?2-e., .,J2 '-f)~ fiU) /771Ctl? . .' Oi-- ~{ptaa /-o1~1 U~~ ~ @U2J h ~?LC-YL /)')V;I f{~ uJ)d q~f~. ~tR- ~ ~ ~Jad Co; tL/ ~die- '12~ ~ ,~. (J1dM. ~ ~~ p~~ aboAJI ;t/UL/Ak.ed d ~ ~/JU4. :y/VL! ~' ot6 <Hda ~ Iex- ;:;: ./Pt71-k . ~~. /J.a.. Pr! tJVA !t~ 12-0'?4- ~,u2z- tU2- /)201 ank~ !t- eL /M.L ~) 6uJ [,Ue- {v~d Nee. cJk,.J. MtVni!.& 1-0 tUJ- T tJUA-aiPaLk. L'1]LL ~ w~ tJZUI ~ ...do ~/ed/ uJ.u2d/Ylo'l' L I U....h. (/;1 Jb d1:..f tVfl.i.b>> ~ L?t I~ ~ .~?a& //L/t-, & r J~ () . . _J (j .~ '.! cYh...u.)L' '. d. 'hI ;t3tct!T~lQ ~ 2:tu ~ {'(';d~ j Mghjy0 Agenda Item No. 8A . November 27, 2007 - . I tfUA. ~ ~k~-'~_'-/:;;::'"" A.r;t JJ act ' t:J.Sf./2 . ,~ dd- ftt&1~l,~ c:wd a6~. ~ ~-~ c-l-t>dglJ.t:hut .u-JJ-U.- . ."~ ~ h~ J{Jcd~~l-aI .' ~~, ~ /flY}CJt1~ ~~ tJ:f ~fd /d I Ck- i.jfft-lA. tf/tMvdJ);j~ ~ o ~~ UjOr- & &-L fl?7cdl. ~ ~I tUI tJl j1~ ~i.C-;{6u ///c/ldu ~ i- ~ ditvTlCb ~d-,~ C& . ,10 ~ i;P;7U/J ~~. ~dL /1l7^-e ftOA-k fbxvl d~ ~~ k - ,db.- /~ Ma.l-4 ~a47)~ 0~ k IJfo do ~. :h c:Jun,zivu A~ ~~ . d(j~aif. lJ tErJ" f< )< A Y A--/lI il "'2 CJ /1/ I,IV G 8 tJ A-r:.b :; Agenda liem No SA ~\!ovember 27, 2bo7 , ..::rU;I/ C P8'f'('f'J of B b 7/-f/ .;:,.t.. &'/'/'61<- .c'v F;rr7' 5' .-4"/ ~I-/- 6 Re.LA-rE3 ;7"(t) c: r? A '-( s --rt:? /l/ E ;f'Ee-e~ ~ -0 BflE- /1-[7/11 !3 ;0 ~ /< , .s.r::= V tER.-4 c:.-- W e.E J<., S .4<:;;; b - /?(" E- M rf-/lI A-$ .c ;vi E /fJ7 S' P-1lfT r< e- s) D e /1..J/.::s.. ".+.,.A/ 0 --T:/ o;E /0 IE V I c r 6' W A/ e R.s __ .r 77 r S /,.V[ to 0 s is .:5 4 /f4-I^<-!) 51-1 ) fJ t'!? N --r p ..vA...v7S .e E e.A-U :5 E Co E wouJ..iI '/v()--r 6E AI3~ /0 =>E,LL. 8/..-91"<.. /r:Jr:!Jr1EJ To /C13C-oiJEfl, ---7/-Ir.?- 1/lIf/GS--r~GNr ,-we /f-A-'-rE. ~ /,/1/ C? C/ R. I#.M- E.5 ! 6 c3 C.rrv.:> c 6' r: ',//-/"e AC-:7"/'<:/f'V Or 7" .4 ~ &. teA Y 5 70,.1./ e .M,..+,/I/ A-G .e ,1/1 IE /Lf'/," ,A /J j) ) /1/ ;A.-1-;II' y <:1.4> E. >11+ &. /' IAA/1/ s rra 0 (~/' CD fr1-z.O v1/IJ , tv J L z.-. /U e> ---r /1"1 C) r I - --r;..,/- C ./1/2 0 13 j L C. )c.h:.> MiSs: (36 C.&f v Se.... ~ rW6Y .4 f<,E.... 70 t.fJ {j) ;( D ~ rxJ t5- ;:::::t!J U A/ I) (} u --r -r I-I-"q.--r 11<--/ JJ=::. ;:> If EsE- N7" tJ W.4/.eJe. IS :5EJ--L/ /1/~-rHe ;O~O ~eP.. T'y C& /J-rl Al6 P Jl..FT a;> rJ -r./l-e:. 5' (/ C <'. 4::5 So P v L IZ E. 2o/v J /l'^<:; o P- -t/r!5- .f'Jreo r cR. -r'r;. ,JJ L e -4 s J~ C& AJ 5 I j::; .E p?:... -;r I/-- A/' 77-1 E I'< k .:z <!/ ,tV )..A/ G OF --r-r/rs(' ~ CJ P.!?R..TY' CU 0 u)... [) cJ!-"'/-v.s E. .s[;?' v ERE FIA/A#<2/A-L .L 05.:>" 70 <9dtr 7C/VAAI/..5 ../'IS tv e./... L.4"-> ;/9-;-<.//1/ G A- WA Y T;.,i;3 11<( He? M 13Z.s flJ. G r f!1-vF J-/v6D IN rC'K J)LcAdc>/ ..5" I ,A/ c-E.;<:(, J.. y 12/ c:. fI;+D G tJ ---ry$ ~;+ 4-t-j<:.. a<-~ I~ 06 Agenda Item No. 8A November 27, 2007 Page 167 of 190 To Kay Dcselem. I am writing to let you know how much we need to keep our trailer and mobile homes at Greystone Park, 13300 E. Tamiami Tr. Naples, # 71 . FL 34114 So many of the people here have been here for over 35 years. It is a great park and very friendly.!, like many others, are over 75 and have no where else to go and no money to move with. Most of us are here because of age and health problems. This has been like living with family and the owners have helped us in many ways when needed. This has put such a stress on me that when up in Mi. visiting family I ended up in the emergence room with an anxiety attack. Thank heavens it wasn't too bad. Other folks here have also had medical problems due to the stress we are going through. When you have no money or any place to go it can make you very sick. This was to be our final retirement home. Please do what you can to help us keep our homes. There is no other place in Naples any of us could afford. Thank You, Nancy -Lee Williams ~7of-J~ J"--- c:Jurf41en<;lHIe'RN9 8A rmv<f.,j))'r Y, <reO 7 Page 168 of 190 To Kay Deselem and Board Members, When we moved down here to Greystone Park we thought we had found our retirement home. Now we find out they are selling our park out from under us. Our home up north has been sold and now have no where to go. The people in this park are the friendless people we have ever met. And the owners have always been willing to help in any way they could. This Plirk is close to stores and phannacies which is handy for those of us who do not drive very far. And we help run errands for those who can't get out. We have become one large family. There are so many older folks in here that arc over 70 and up that have no where to go or the health or money to make a move. What are we suppose to do. It will mean finding new Doctors that have taken care of us for many years now. That will not be easy to do. Plea.qe see what can be done for us to keep our park and homes. Most of our homes are too old to move out of here . No other Dark will take them and most are not moveable. Thank you for all you can do. Our prayers are with all of us. Sincerely Joe and Mary Spada ~ 1'1 CCl S,ad~ Agenda liem No. SA November 27, 2007 Page 169 of 190 Just how can some one have the right to sell our homes out from under us ? Isn't there a law to protect us from losing our homes ? So many of us are in our 60's I 70's and 80's and we have no where to go and some have no families to turn to for help and no money to buy or rent because we are the cheapest park in Naples. We can't afford these rich places. Who is going to do their shopping and take them to the doctor or pick up their meds. We are a family here and some have been here for over 30 years. Most of our trailers and mobile homes are too old and most parks won't take them even if we could pull them out. When Wilma came through and did damage to our park we all pitched in and went and picked up the water and food that was given for free. And helped each other clean up. One lady had asked for five years to have a big tree cut down behind her home but the park said it was fine. Wilma snapped it in half and it went right down from roof to floor. Right after Wilma they changed the name of the park from Greystone Mobile Home Park to R. V. Trailer Park So they knew for some long time this was going to happen. And it wasn't fair for them to wait until the snowbirds went back up north before they sent out notices. People had to come back from Canada to close up. If you could keep this from being rezoned it would help save our park. We thank you all for your concern and help. Dear Kay Deselem, _. 171 &dtl1z~u- / /~~rV~~~ I JC- / (j ~ J) ,C.-/,?-pp Agenda Item No. 8A November 27, 2007 Page 170 of 190 Kay Oeselem , We would like you to know how much we need to save Greystone Park. When we moved in we found it to he a very friendly park and the owners have been here to see that things were taken care of. Please help us to keep our park as we have no where else to move to. Living in a mobile home we can't pull it out of here and don't want to leave such niee people. And it is close to stores for food and m~dicine which help those of us who don't drive far or have to depend on others for help. Greystone has been a great place to live and it is heart sickening to have to leave every thing behind. It is a very affordable park and a great place to live. There are just too many of us with no where to go and those of us in trailers that are too old and other parks won't take them. So Please try and help us keep our homes in Grcystone Park. 13300 E.Tamiami Tr. #60. Thank you, George and Margaret /'4end.,.{tb,1'j;2eR <' (, November 27.2007 Page 171 of 190 To Kay Deselem , Never thought I would be writing a letter to ask some one to save our home for us. We moved down here a few years ago and found it to be the friendless place to live. The only thing is they are building so many places around us and the traffic is bad now what will it be like when they get all these homes built around us. We are the cheapest park in Naples and most of us couldn't move to any where else as we couldn't afford it. Our park has many activities that help us enjoy life with out having to try and get some one to drive us into town or else where. After Wilma came through our park you never say such a great turn out to help each other. We have many widows here that need looking after and we each take turns doing that. If the widows had to move who would look after them? Many have no other family to turn to . We don't want to have to leave them on their own please. When our Manger Jim Guidish died two years ago the folks in our park donated A large stone monument in his honor. That is the kind of family we are. Cliff and Sue Deaner c 2l./t j)~w I..~.v Ci ~ ,.) ,-:',L' " rl', 0 G: h~J '../ ":J _c_. '...--.--J"'-' ,- t~da Q~o 8A C 2. 0 0 November 27. 2007 , enu(j ~, p"O"mo,"o cP-.QffV1 tJ~ th, cr:- ~ v~ j)M C'~--. Lcl..</R ~~ Po-lK Ok ~ ~. }::YJf"'- ~ lLO- ~ ~ ~ a ~IJL ~ tOk"') . r.Js, ~ 6<>>- o.!mC I' on1JY>1.04J ~. w,. Ja- ~ od:LV~ -Q, kmp i.J.fj, G"'d- . v1 .AJl~ ~ JYl6 ~ -6s %"' D~ ~ pwJ: ~aF A ~ tb gt;1.UY J- b Q;A.lwJ . uk ~"td a{JJL p cUk · Muoe- xl r {7\A/Md r -flop td J-.. --"- J,.. ~cJ;;. ..v><CCD'ffi'1. ~,ctc.~ CP"'''-'0 ~ ~u\::' ~ ~cUJ2d IQQ c 6),1.~D.ujQ/'fld CJr.-lV ~ ~ F CL ~b.u.. p.J2e(W1. :iF"' UJJ-~ c~ . d_ '- r..u::- Ol'__e.QQ/Vu~. (h~Ld~ 1 ' . cf ~ J;jajC/n~ Jk(f-to,," fW ~ A~'1da-+t~'io,.ti'A~: November 27, 2001' Page 173 of 190 -- ... j),Q VtA--, f<' ~ II D&".iJ J ~ rn. :}o--1. OJ\. 80 .-IJI.T7'N- (f..e..~ o12-d f~ ..oh-Li.J-LL .. . ,,,chrnco-)..t .~ WovJ-.Q.. k LLJ~?i' ~ D.Jj:-uv *, Cl-A/ L , . , . /l ~ /n... ..... ~ K~ hv-4. ....' ~ bl<J J'}'I-::J,. ~, . . '..12 .Aa..A^-L-' .Q.M.A..uL..01v.fJJL.L'-I'~ P().~kL L.~ J~}- . ~h., J;J L.f..,.u ~ PlVi41-1 ~ ()L. , (i./ IU4L jn~:Gif- y ~0 . ftv LL1.#tu 'fc?~L .tt.i/v; .'jcA,-~ -,j" fu-i('" A-~1U ~. ,LV ~ . StlMLc.'a d~. CVr\...l:~ Lv ~ /,) k ~ O...H_ lp.Jt.~(jul(-" )0 JlLlt:)\~ y-yCG ).--:!bt.~'-q-L;J, I1.v CL)hvl_<--.JJ2~ )...:JaiL (~~ . -tr~.~ ~~~ ~~~ ~:~L hu }I.~~ l~ C0L CLWCA-cQ(Lk-tL cv, .JJ;u.c,~ f~ qq ~i7 /1 .M/I c.~,.J- ()"/~ ;lb ~~ \JJ.:,L lAJ..-0...t., /"l{)LL{. -~ ()AcLI)...!..... (r1.i--'l,- Urn ...\-, J...-w ..JlG:-rN.., ~ I .~ l.J 1"lVLL ~.(,u...L. stl'-<-1/"'L ~ jltM-u, ---. '~t.. U".u... /1<w-v-'---eL IJ./x...:>;;t:i.u ~ V )J ~ ~ 'j),fJ-vL V- (/<I.ft .-f,.U-C/J QQw.u,btL' ().~(HAQ~ (V/l/v t4f~. . ; ,{{Lt.<.e,- Cl ---\l~ fLw,. --:--/-h"W Q ():---rL ~L /! Q Lf tRJ.-. t~40 . ~.A..IA hct C'PG ;:UL~ AJ-Jjhcv:"i (,{./~d..-,4-.J.L ~ , /j k~--..:r . iu-tL ~o . to hvo - M n ci=t j1M-'~ :1Jmu :to, 6 (~~ 0... r ~L <L-v . ccJ ~_ Q 1~ ,/1(7 (Vot fl tJ..-::-U:0 CULL.. , .. kQ-O ~ ~rn.. s-c.'-L.- CL..)1..>~ CTl.c.."- b L'6 111-0 ~ Ltt.... ~L C'1'~ .. Q[L,J- h{L kn~, .... .. . . . .JJm.- .to-o (J2d ~-Cl"". f-jcv. . h'~~Pb ~.4/V ;4L~ .. ,J)i/...J..,/J{tc{) CL Jt.u~B O..1[]I~c.L, Lj,l~ Ljfk- r ~(M.u. W'YLO_ . . ... . . -,. . KIA.,?5o...( \. L>\...~h'l-rc:: '~2u~ h~ -' Agenda Item No. 8A November 27. 2007 // d lage 174 of 190 :10: ^ ~])~ o./d~d>su-....~j~~11 7T r~ a...-I ~ 0Y'" "S"t.-T;" /h,{L all ci Yrv:_k!<zS /yv- ~ I c.. K. T c 77?;, tI k- cJi. 7 1/11 r2 7' a- '?.{ c"'-V(,I_/r- (. f.l r /4/?7 b<2../)'\ <7:' F l..1.-+ if (j <I Cll{., of- /11! h CJ/n..z._ CZh.-d ()-J1 Tfu. :STr<l L/ r hCltJ-L. hot 2vT /Vy,CYn"_~{ {'o 9"~L-r /nTo Uh<llile./--....... fl'cl. <!. e.:jOli t/e ; h h tZ/")e s. +/ow C!' A /1 a.. I71A ^ !/JA 0 Fp i- 1-C2. C( Y'S ha ~ "'.a.(111 So ~ 0 () d "0 u. os ; n )"\', <; fCU'"' ~ 7C.-l r /l -S P [~11 h lA m It I.. Q ~ '-~L' 4-! i c...k 0( s. {;; 4--1: ~J.t tu~ I' .e It T .Q. v-e..h d' v ~ Cl )<1.011 (!.-e,. . 1/ e (j /fi L ; /1 fA..e.. )11 CLI'; S h 0 \-t C1 Ccf:-I ~ lr- ~ 3 h c--c.---' )'0 " "d <:; WQ VDf- P Ct ck.~ h U 1'1" :-+/-0 (:.) :::s i) Lt h+'\ \- TrJ./). L"L S. f!&..C1S'~ JoVt'll.J C)LA.....<- pee/'ll< 6--<2.. rQ..-Zob~D. rn CL n. ~ 0 f {? c..<, P () 1 J Q 1I~ Fo L /I s art'... h 01 W.e.. n, .z.'t\DVL~~ /D mDUe.., .$.-o'n">..e... Cl.0e..- i 11 (,l_.Jh","'--l ~_J'\Ci..I"";, CL h.d ci Q ~T Ci -L -r 0 l-LI, I / - l< +11 ,\ j r;. , . ('~~ 1'-''3 u)i!.v-.e- f"i Ie. <1.. iOC/J 0) t':1- ( ~ 0........'-- - i2 .e If (.~ 0 (.{ 1-1 ~ , D k --r 0 f wh a. r fA.e. 1 Th 0 vl2 J.,.r wO ti- IcJ b.L +h -n r- """. .. v-- ..,-; -r- 110'YN- '1 77J R r-.e... ~ h ()-<A I cl k:)..Q... CL ko.v.J 1 0 'Sl'b I Q. \ I r..u. rn-a rv f ' . ") I ih,'i ") .),{\ hd D 1'- E' 1/",~...1;;rv of i? JdJ>/1 r..9..()rl~. 'f- /Qas,,- C:\ D Q. \ \ ur o-'^- (!. a h. ---ro \"'\.L-I p L/Vl )"h tL kL Th \ s. CL (!..<..y (, P P Ct r- /L- Cl It J. .),( (l .e. f" (7 (,u- h c7 /Ju' 'S . ,,j h a. It k.. l j ~-t-\..-fe I- LH'''''- r- )ldif, ___ . (] (1v'"ht~ -~/ .C4;2tJ~UH' ..~/fol;J()CJb"'" ... '.;z}~-_u ",-u21~; ..----,.---- _u~uu: m_- .._......~/ .~..O'-~J;;..~. jf:;-~~,-v.;~....._... -t~~ c.1;133oo_E,:-:r~ , ~ /' '(~ '?fl ~/'" '.. ~, 3L.f1 L1-{. .... .... ~;tJ,AUJ~-~/~l-"" . . CJ~~--~2..-vJ::t-~. . _.~;~.~.~...~~..~ - .~.~:i:;~..okoP~.4. .. ~...~Jt=~~I;f:~ ..t;4~/1-~i'~ ~.,'Y17:"- - .. .!!xJ~~u~.~d~.~........- ..- . .~I~Id-DD~~~~{q"1~ ._~~~-~~.~~~------ ~~~~~~.L.d-~~~ Ci:-e2u~~~_.-1I2.u2-:~~ .... ~e (Jo-vk~~.-1 ~.. /Y\-O~ j:;;y~-~B7 Ad!)j/.]LJ/~~' V-LH-ULC.....~. ~~9'11~ ~~ d..-11 to(), f~~'~ .. Agenda Item No. 8A November 27, 2007 Page 175 of 190 qP~~-q_q ". . n. ... .. .. ...._a~~_.~-b~_.................. _.~~~~... .- fJJ.~~-~CL-j q 7r-=--- ..... ~..~...~jO&vt~ "'r .Q~~~--dc/t-._- . . ~0rz~~-f?~.___...... .~ ~,J~-~-'2- . .....~.._ d~~cu. . .1;;:: 'f!.5C-()-L)L?~-.~W~-!?~ ....~~~~(;t--~~ /~ ' .. .~?O' ~-~~ .. D-Le.... .... .., .. ~/J/JH_--__n .._....~~ ~.~. .. ....J)a.-u[dT_-r~cuJ~__~ L3.36Dti..f~ _. -r. ' \.-fJtYf;# . .~.. C!- ..... -q I - . .. Cf\~~:;r;)~ . . 01-/ II Y Agenda Item No. 8A r,ovember 27. 2007 Page 176 of 190 2- Y1- t, -1 "3 b '7 (" 8 c~",I>I( Y Z (J,I\I 1 IIJ 6~ 1)0 -"J Ii? 'D /J f"'lIc-?(r"5;/"'I!"rlJ~ ,,1 J.>w,t,""i{ PAle", //c;tI~/"tJ? IN Agenda Item No. SA November 27, 2007 Page 177 of 190 IJAI'LC5 ? Open letter to all members of Collier ('..aunty zoning Board Greystone Moblle Home Part.: -13300 E. Tam;"ml TI"2lIl hils requested the:.!!Onlng board to rezone to 8 Rec:nlatlonal Vehcle Park which will allow the ownerS to' evict 83 families who have lived In the park, some as long as 30 years,Greystone has already Issued the evlcl.1on notices which I question the legality of wit~lOUt just cause ami also to 142 others. The only reason for rezoning Is to make It easier to sell as they reaolved.a bid to buy wfth that provlslon In It. Florida law states residents have the right Of first refusal In case of sale, which is to prevent this type of eviCtIons, but does not apply If the owner can have the property rezoned before he sells it ,Which is being attempted In this case. In either event the owners 01' Greysyone will reoelve the same purchase price whether they are allowed to evict the 225 people or allow the residents to purcl1ase. This is I:he only home the 83 permanent residents have known In up to over 30 vears. when evicted, they will lose their homes as Florida law forbids relocating mobile homes over 10 years old. They will receive no money,have no home and most of them are existing on sodal security only. Now they will be thrown Into the street broke, no hope and expected to start from scratd't. Pmbi1bIV Il.ttilrdof them are crippled, hove old age llilments and some are army \lets wll:h debilitating lr\luries. . Greysb::me also has 142 snowbirds who own mobile homes and pay rent. 12 months a year but live there 4 to 6 months a year. the popular ~UsJs If" .we L- h' our $30,000 to $60,000 mobile homes and cannot save the old folkS homes 'Its Adios Naples, florida along with our buying powerl We are tlIlklJ\galossof 142 familIeS with l:hildren, grandchildren and 1111 our other relatlvesandfrelnds who visit y~rly. Most 01' us buy our autos, ~or appliances, all. our food'8fld dOthlng ,restuarants and golf 6 months ill year. In the pa$t several years I have ,iun:h85ed 2 autos, Installed a total new kitchen with all new appllances,new heating and cooling, redec;orated and furnished the living and dining mOms andlilstalled Pella Windows thruout. I wonder how the Chamber of Commerce and local merchants will reel if you give Greystone the right to evict all U5 families by allowing them to rezone to R.V1 Right now these aid people cry them selves to sleep .at night fearing no pl&ce to go and be without what they consider their family at Greystone. The residents of the park are forming II CO-OP to buy the pari( to save these people, but If It Is :zoned R. V., we will be shut out from buying. Naples will lose 225 families and gain at least 83 welfare <:ascs, the evicted people willlo$e an average of $8,000 to $ 10,000 per family or approx. 2 million dollars and Naples wlllllaln a well deserved bad reputation when the fact!; show up In travel magllzlqes A.A.A. The Naples Ne~ checking weekly for 1;1 story. . ..~y'tPl'-10.~.. _..,-' DtCKFRElWALD It'''W';; ~/llJr:n{~ ;<?A'A!:-f.J ';>>r-<'r A R~ lot 48 In Greysto"e park - 5918B\shoprd. ,A{:j",,,'7 .{<J ,4:0IhTf'-"fl//,c:..,.j'-(t;-f)ILE l1",nc AI mont, MI. 48003 5i'F Ii".r, t1 v ~ rc. II (] t.i" 248-969-2931 Agenda liem No. 8A November 27, 2007 Page 178 of 190 June 14,2006 Kay Deselem Collier County Planner 2800 North Horseshoe Drive Naples, Fl. 34104 RE: GREYSTONE MOBILE HOME PARK Dear Ms.Deselem, I am writing to express our deep concerns with the proposed plan to convert Greystone Mobile Home Park to a strictly RV Resort. In the process, over one hundred and fifty senior residents will be evicted from their residences. In a time when Naples is extremely short of "affordable housing" a developer is planning to destroy over one hundred and fifty dwellings to produce a recreational facility. And with the same swipe of the hand put these people out of their homes. For many of the residents of Greystone Mobile Home Park this is their permanent home not a vacation or secondary home. Their life and future is invested in the property they purchased thinking they would be protected for their lifetime. RECEIVED JUN 19 2006 ZONING DEP;;RTMENT Agenda Item I~o. 8A November 27, 2007 Page 179 of 190 There are no compensation plans for the loss of their homes. All will be lost and few can afford the replacement of their destroyed housing. Several residents have resided at Greystone well over forty years and they call this community 'their family'. If you would visit in this park you would see and feel this family experience. These retired elderly people do not deserve to be evicted and lose their homes and belongings. A proposed zoning change should be refused. Please do not support the zoning change and fight for a denial of the rezoning. Respectfully yours, A/I!tzL ~L,AL Donald & Goldie Kootsillas 13300 E. Tamiami Tr. #75 Naples, Fl. 34114 248.437.0604 e-mail: kootsil1@earthlink.net Agenda Item No. 8A November 27. 2007 Page 180 of 190 ~~ ~"'-~ ~.,~ ?-X (,/0 N i~O^",,",,_ j'Y/>.w"" \\~, 3- J.. O..tcn., l{t\fa..~ ~.tc" ~~QJ,.->U1; 0:'4 , c:l I i :1 :) ~~:-J <;:; ~J:~.../y}"-L(~_~ ~~ '^-"'~.u ,,;.,R , l.L),- iX"LQ.. _v.n-:--~~<lu~ ~,,-L, -"do--~ (,o./v./ f~\[1.c c. ~J '", ,c\~in'-' rr,<,.'<c...t.", -\J.",v,'c.. ~>Ctk.b~ !J.D ,l.U<' lU'C(' Q. , " -\.,-e. CLJJ-t<,-- ~L.) ._\.,i.l--eA.:.....ifLQ~' .I L.J~..o c:..(>-l'. l\.. LU',L-a ~.c.-yl,/i_ v.v\.-..} ...' .; ~I\ ~,J' ".....1..:.-( t-'-lt.-\.....<i., (V'....\. cl \!.'......Ut tv\. (,::.....CJ___'-<...! .CUL.-Y'--...I...OJ"l vu:,,:-..-r..Q.... ,( ...."-L-'L.-C , \ ,_, ,..", .--t- t\ ~ '_ "CuQ l~ ~',-, f-li-<.:'-C,--...('J.- l...J;Q,.-~~..<!LlA_AJI'l ,:<'AJJ-V-"'_I-': t.... . G - ......} , 5.tcct.J:: 'It:v.\-,,..~ (~0"--<l" j..U1'.. CUd!... ;",.", c".UJ-v ;CdL"e.,,:.LUL4J, .. [) '." ,,' .1 lLlz Cl~ ,Jlj-c\' -":~'.~ (~:"-1' L\.. "Yul- c..r:.U!..h.VI'-", -'iJ-"-'-^"-tr "'-'1 "Jt/c ct;cJ....'- K~a..c ,,,-OJ ~J,vnd't\ 'oJ". b. C<..hiL-C'yf-" "ke} 1-" ~', 'J iLo..:L J'jJUu..J..,/uv.... C-,,--^^-, ',../'0,; C v'[\O\.,-L.- to :~:!co .. U .J ~I' (. ' .L , " ~-'.J--I.--u.e.Jv}...-0 1'..:r-Cl:....L,1-C.. JJ--' / 'J "'v../'V' ,y ~-- .) ~ Jc"",-"-,--,,Jt' .iLL c.",,-~\.. tee.'t.,,,,_,,,,,, u?1J<...<-C.- q'f!:iJ. ~L i~~,,-,~\..tj:tL i2d- Jj'"c'....v>'__:;., \\J"(", .!:)- 4-ll 'f -f (Jt;,..1~~, f.MrA.z<U() )J'tL'i/4.t,A0 Pa.><.b /6300 ~".d~"','..,a.mu ~.J.. LoI22-!? 'J !e<-;J.M__ /J.f.. ",Nlll/- RECEIVED JUN 2 1 2006 ZONING DEPARTMENT Agenda Item No. 8A November 27, 2007 Page 181 of 190 Ii i ~~~ II. L' /-tvy\..D. ) 3; ;2oo{. I/( "tr 7C'~~,)' I . /..v-. ~~ CfJJvvJL. ~ . I )Ita~~--d-~k./ /LA~/(~h~ I 'f ..0-~.R~I.(p'I-~ jP a-J;, d-1;zZ P"~, -I R!;L. crt<i.b./ ....1:ff:: (7 9'4- 7~) .. i.A..-u--i!. . ~u--,-o-<.J!jL~ ;z:; ~ ~ .0./Li~~''l' ' )~~;-,Yf ~i -A/v--i4..J!dhg $if Zk<o-v 1!~~'~~~Y~f /~~Q h~~. Ii _J;) ! ! .\;1--1"U2.-rt-A ~;f:07--w~. -..-J I: , 11:/1 fl, I~' L-o.'.Y-~. ..&- -'\.~.0t &.."A. . uo~ i /f.7 ' /JI ' /1 /J i C~~ ~l 7ltt:hY-){/-''- . ~Lc.~ {/ I I iRECI,;:IVED d-- -- - -. j: . I: JUN 19 2006 [' i ZONING DEPARTMENT it " ;: !; I, I .~ / 77,~ J~~" ~ a- c2? /~ ~ A-adIv(e-u-<-d ~ ~~~ /~~ a- r:;2~ r~ ~ JJ f~ ~~. d-?~ ~,.Yc:>--rry to? ~ ~ ~ /~ ~ ~~'1' ~~ ~-<V ~ ~ a-~~ fl-t:x;d ~ ;lnLJ~~~4~~~. ':J?u~~~~/~ /~r ~ ",~.d// r~ d~~ -I-;?{/.J ~.vU~~~~ ~j'~ k,~4~' 7 /~* -(I '-Y'?g, . ~~~Wb ~ 7?14(~ ~ 076'00 70 . . 4 7?aA ~ ~ ')11A ;t/ -?<U&~~I J ~ t:::L- /2-e~b4z/ Agenda Item No. 8A November 27,2007 ~G?~' Page 182 of 190 /3Ic2CO~ RECEIVED JUN 1'9 2006 ZONING DEPARTMENT Agenda Item No. 8A November 27, 2007 Page 183 of 190 {LtLj/ ; #"J ~.lwnL; ; 9t.(JU'.; 'l (lC,? ~:/k~LLml/J~/ad. . $h~'U /7,~tutr!~?(L -rML#/ff, ~~~ dJLd..J d1iu~!JL'fU./ '76'.;V . . .-'~v 71 ~ ,~ 7~ .UAe. ~~ I ~,jJ - , '/,. I /J1~1J:/ (]!...e?1./~k"J<_< . ..F7U6 ~ ;d~ 7...6';V - ;; </73 1; ~0 , (VJJ ~ . h1 tv /t~d.~~./Vt-iIJJd de-- ~ Ii 4dj -~,- /?tUcV~ raMI ~~~~~tj . A~.)"r;;; i/;t'lt 1/c, ,t1L.o <~.e" /c i Al L'uL :;tt~L<';lv /t;~,u' "0 0 /I Clk~ ~f:II~q; ~dd~li . 041 /33<J()d!. ra . "fJ7Rd~J YJ AJ:JJ.J:A-1,-t ~~ !J I 3 ,If // f RECE!VED JUN (9 2006 ZONING DEPARTMENT Agenda Item No. SA ~'ovember 27. 2007 Page 184 of 1 90 REC'~'" "'."{'''''') ,~. I .' ""; 1__ 1, i...~'- ...~, '~ /330 a c.:. d~l..oU :N. X~ /'1 )~' . ,FL .3"1//?L /3 0200 ~ } b.evJ 1JtJJ. ~/ V W>.v ~~ ~ -<.k ~ Ud:/~~~~~~ fi ~~yG~~~J /~ ~ ~ /7~ ~~)6~ ;t; ~ /P'y ~7 Y-~ y1~~a-~ ApL.<''-/,z.v11 9~~;/iH/ o?6~. ??t;t ~,,<. ~~ ...p e a.-,.ne- .,;L;; ~~~:I /9?'l-Z'<! CU~ ~ J-<L"'N~#<.-~ -j~dL.- aZ. ~~ ~ ~ ~.: ~ ~ ~~a.v ~, JUN 1 9 2005 ZONING DEPAFlTMEN'1 Agenda Item No. SA November 27, 2007 Page 185 of 190 ~ /~ ~U-- k~r~~~ .y_//~: 71~~ i~ ~ O?-U~~ ~~~~/~ tTTt./ ~~. >~~ ~ ~~~~~ ~/fo ~..MY~~ ~.J~~ 4 ~~ ~/7urv<r' .~ ~ Wu~~~~4~' ~.e. ~ /u-~ ~~ ~. r ~ ~ a->."d ~:-z aJle-c.-d. .A ~ a..- ./7~ ~ ~ a /7~ ;;6~' c::;2Z ~uV ~ /1 ~~~~~ II ~? ~ .:zh.v)b~ ~~ ~ ~.L p-~~~/~I ~r..L-> ~ _../e ~,'~ a.....U..- ~ ~ ~,,,~ ~ 4<L /, Agenda Item No 8A November 27. io07 Page 186 of 190 $ ~ ~ r CVYr?<-~? ~C1-L- C<W~ c/..; ~ ~ ~ ~ --L~-<--~ th<-V ~ '-Iu/~ ~ ~ ? cu-4. ~~ ~ G. ~crr~k Agenda Item No. 8A November 27,2007 Page 187 of 190 Date: June 15. 2006 From: Joe an:d Ine.:oc Klein. (Grcywtone R.e.sido~cc) To: Kay KlI:lscl~a:n Reg: t:t.e.z;.oning o-f"Greys'tonc JIvlQlblJc I-Iorne nncl RV l"ark W"e ~ resideru;'::Ie ofGreyat:on.e PI/I,rk in 1:h~ vvio1",elk' 1:0 escape 'the bi1.'tCr v.,rin.t:ers in JtvftohiSft.l1. VVc love 'the Nap105 area beoause o1:~ it$ proximity tOo the EvCZ"glH..dc:'J and thClo beaches. 'VVc es'\;oy 'the 'I"'<l'tB'tftU:ra.n:t"s~ bov,..Jing.. golfi ng. and mlO~es a:vai]ub.1c in the a'I':".e~ WNt:,.'). ""'e ht:tve bees.. C1umilng 1:0 G-rc:::yst~ne for ten Y~,*r5 nnd ha.ve fuund vvonderf'ul people vvho hu..-ve become like CarnHy 1;0 'Us. OUt' benrt:!l are rsching for all 01.0 p<:oopJe vvho live in C'n-eysl.<--ne yoar...r.c:n..1TKl. T"hey vviU be displuccd 1"J"<nX1.. 1:h.e ~nly hlOY"ne they huve and vvill be hard prcS5ed to rmd unyt.hin." They can a1'1brd in t.he Naples a.l"ea. Some vvho are in t;heir eighTies and ni~e\:ic$ a:rc being t:oJd to pack up an.d lea:ve vv.jt.h no v.../h'l.:lr'e t.n ,fJ::o ~u:1d in ,:;Iorru::: caso;o,l. .n-o t")ne"(;o hc:lp thiOt'I1. S"..mo have bc:::un in C-rreystOHC: for ......>l,r~n.t.y Rnd 'thirty )'6Urs_ "IThe Naples DaHy NeV'\.TS has articles about nec.xling al'roruubJe housing ino. 1:be nre.u.. 'Thi~ park :is un.c pluce thut. .is providi.n.g housing for poople vvhn do l:D..Illd::l'GHping. ca:t.c:e-ing,. 1I':O.nil delivery,. u.r1d ........ork at K-rvfart. and Pl1hlix_ "VVe.are a diverse co.rntnun1'ty or good pcop.lc. Our enly hupe :In that; 1:he zonina change request; is t.urnod d..o"vvn. ftI....d tl'.iEt J>ark res:n.a:ins ...........it.h it:S1 uurre:nt. 7..A>ning. VV'" e are vvorking on a plan. t:o Il'Urchuse ilie prlOpeny and. mn it" as a. Cooperative ho'usiug u.nit.. T"hiBI:r,k you TC:JoT" reading -this le't'tt:t:r and t.aking it int:o co:usidcr.f:lll.ioD. Sincorely. .Joe and Inez Klein 13300 Taru.ilUl"d Trail E. Lo1: 32 Naples FL 34114 Agenda Item No. B.A. November 27, 2007 Page 188 of 190 FRc:JM F'AX NO. S~p_ 29 2085 09:45PM PL $-"...$ -e>6 ......4~. ~~ ~""'~~_~j =.9 ~-'-"'--- -=,- .?z.--r<>-&'-""-./ ~ ~~ ______ ~~ .~_.-e - c.., ~ -v< - .-.G ~~~-....... =~~ /~~, -<~........._. -~~-.4& _Z'.;.- '~r~-7< '--~._--~~-~7 ~--'-;;:;r ~E~~ _~-~~~. 7.z;,~_<z c;?....~_ ~'-'__~_~ / ..e. J~- _./ 'Cl"~~ - ~r-/ .. ~ !-~ ~________~_~ _____......-<" _ .._.:.---<-- _~~ ~~ ~__'<-'Z-~ _~ ?~;?'~_. .-.:....-.--ZA!!'. ~-<--"L..- _..e~ ...<'.,:;-- -~-"7'= ...7"...-e~" ~~,~__ _ ~_~_ --=-- --~-~-- -~rr- ~ 7i?~~ ~~ '~7 ~___~__-" ~ .r-~ ~~--.e_~~.....e... cSl ~~ :?-?--,""",~.J____~ ~- __~~ "-C7~..::z:'=------....q~ c~_ _ c?"A:--....-:' ~ ~:,--~-(. ~--<~ ./02/ ":'''''T ~ /' --,;;; -'<... ~ ~ e: ;:;7-"'----.--..... ~_ 7'7~~____ / r~e:.... ~ y//y r".( -- -Y""-w . 6""~.y-.?' 7"7~ =- i 'I ii ~:I . 1 I B-fU/) 'ii v,~a ~~ : I~f 66 it, tr-'?-- >>-t~. , 'i-111UJuv ) '1 iv, 3-fl/cJ;jL '1/-; I,'!~ce-: 11C ,p' J! J 1(4 AA/l . ~ ~ il ~ 11-u ~ ~/~ .- "'1 - - - ::1 10- ~ ~~ cd fJt~u.fJ)~ ~~~~ilJ ~--0--'~/'~~ri~()--rA~~/r1j1~, i :tl.~ OAuu~~~-LO\>r 1J.t;r-aA-.v ~~~~ 1~t2JLd- i ~' l)..U..-t/ .Aj~Jp/fvr~ aLtJJ/tAd)-t.--&"& ~.~ .~.d :~ . (ILuv~jdu,' ~ tf) ~ ~d ~ .('!)IL#--toJ. -'~..J~~~_ M a25 lfw.-~~u.-A:u.0 ::.p/ at?~/?4 lPt/J--~~C41-tjcf) J2a.~ ttM}.. I, rfJt ~ /tieL w ~-L~~ ~~1M/ ~.{} , :1 ~4<l t:~\lvl'i.WCUvffiu ) li'l . ) ) ((Jy 'J ) p -, }) . . . V, . fJ ~ 4fYiU.fY!j 4MU~ , ,r~tfdv?v~et)A' .' ~/( >>WJ~;t&-LjJ ~j-L ~J(l1U{ 11{)19'hf~ - W 1?~~.~ : ~.() J4~~i/),L) ;It) ~i/' . / -tL~/ at )fie-:F!f;w ~ i ~ a:t JJ cUv qU/Ct1~~ '.' 'i~ t11V tlJ~.~ -/La)!c#. r~ (ytLw c15yw, 'i 1u.v ---A?a4t..U ~.LR. A-t 412 d-l-l-1doV io c1rYYLa-ile-> .:~.jf~ tfJ ~!.v-tl~-"-IL4~~"7Lle-- ~ . '~.'. ....'.~ . .:6~. ~'1wa~d/lJz{;~14.~ ~?~-1tt:.* .~~~ ~ .~Jc ~~~~/I/~!P[Je) .,!a-to ~ ~I~;;Z;;' I T /f~Ag~a Item No. 8A fJ 0 rA tero.~....~ biOiO...:rn2 2!.7 ~,~.2?09o:,7/.' . ".:. (\ c!JGO -=-- ~(h , . WU G...37L,{/-;L ) ; . . '.. .... . ... . --J~ o.~ ~CJO [, , ! ,I , , i RECEIVED JUN 2 7 2006 ZONING DEr"ARHAENT --,1 - Agenda Item No. SA November 47, 2007 "P<lae. ,19b of 190 ! ~ ! ',', I ! i I ,i (U.a--o .~ d~t! ~ de-, ' ~-<-<LV) ~I~st~x ~~ CU '~~e~~~~ '-~ ~. I', ?~ A C-t.Wj ~.6 'ttWe00 I~ ~. ~~V ,rM#f . -1dr~--a/L.1/ ~;:-&t--r-.o--A r!J!:j4-~K1./ l!'tSOA.b~~~ 1,;0 I A fi-..5- G.. \J /3. __3 OG ..e ,=-l111Wa;j~~/ 7"e.:.: 4 [C-Jr /,Iy :1 I I' ;! Agenda Item No. 88 November 27. 2007 Page 'I of 59 EXECUTIVE SUMMARY CU-2007-AR-11970, James M. McCord representing American Dream Bnilders Inc., is requesting Conditional Use of a modcl home/sales center granting a two-year extension to allow thc use beyond the five-year time limit, for property located at 4050 13th Avenue, S.W., within the Estates "E" Zoning District at the southwest corner of the Intersection of Collier Boulevard (CR 951) and 13th Avcnue, SW, in Section 15, Township 49 South, Range 26 East, Collicr County, Florida OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application for Conditional Use to permit the continued use of a model home/sales center for an additional two years, and to ensure the project is in harmony with all the applicable codes and regulations in order to make certain that the community's intercsts are maintained. CONSIDERA nONS: The petitioner seeks a Conditional Use (CU) for the continuation of a model home/sales center located at 4050 13th Avenue, SW, Over a 10-year period, one temporary use permit. two conditional use petitions, and one conditional use extension have been granted at this site for use of a model home and sales center. A Temporary Use Pennit (TUP) was issued in 1997, which expired three years from the date of issuance, The first Conditional Use petition, CU-2000-12, was approved by Resolution' 2000-444 on November 28, 2000, for a period not to exceed five years, expiring November 28,2005. The second petition, CU-2003-AR-4799, was approved by Resolution 2004-50, for a period of one year, expiring on November 25, 2006. The most recent petition, CUE-2006-AR-9424, approved on July 25, 2006, granted a one-year Conditional Use extension, which expires on November 28, 2007. As a result, the petitioner has made the current Conditional Use request for another two-year extension, which (if approved) would expire on November 28,2009. The Board of County Commissioners recently directed a Growth Management Plan amendment to the Golden Gate Area Master Plan (GGAMP) to extend the life of a model home/sales center beyond the five-year time limit and/or clarify the language in the plan to allow model homes located in certain areas of the Estates (mostly along Collier Boulevard CR-951), The Zoning and Land Development Review Director advises that, in her opinion, if this petition were approved by the Board o[ Zoning Appeals (BZA), this approval could lawfully extend the life of a model home beyond the initial five-year time frame as outlined in the GMP, The Comprehensive Planning Department disagrees with that position as outlined below under the "Growth Management Plan Impact". The intent of the proposed GMP amendment as directed by the Board is to reduce the financial impact to the four or five primary home builders providing affordable housing in Golden Gate Estates, If at the end of each five-year period, the builder is required to close a model home and Page] of 5 f\oenda Item r\JCJ. 83 r\l~;:Jven:b8:' ::27. 2007 Page 2. o~' 59 construct a new one, the costs associated with this business practice would cause the builders to pass the additional costs to the home buyer or move to areas outside of the County where there are less restrictions. Prior to October 2004, there were no time limits on the life span of a model home. The current restrictions were instituted as part of the Golden Gate Area Master Plan restudy amendments approved by the Board in 2003. American Dream Builders currently has 14 residential units for sale and three units under construction in the Collier County area. The existing model home serves as a display model for these homes within a 20-mile radius of the site. FISCAL IMPACT: Approval of this Conditional Use petItIon will have a neutral fiscal impact on the County because building permits were already issued to allow the existing construction, The County collects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities, so impact fees have already been paid. No additional construction is anticipated if this Conditional Use is approved. GROWTH MANAGEMENT PLAN (GMPl IMPACT: The subject property is designated Estates (Estates Mixed Use District, Residential Estates Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. The Conditional Uses Subdistrict applicable to this sitc in Golden Gate Estates, reads as follows (adopted on October 26,2004 and became effective January 13,2005. e) Special Exceptions to Conditional Use Locational Criteria: Temporary use (TU) permits for model homes, as defined in the Collier County Land Development Code, may he allowed anywhere within the Estates-Mixed Use District. Conditional use pennits submitted for the purpose of extending the time period for use of the structure as a model home shall not be subject to the locational criteria of the Conditional Uses Subdistrict, and may be allowed anywhere within the Estates-Mixed Use District. Temporary Use permits for model homes shall have a duration of three (3) years from the date of approval. No subsequent issuance of a Conditional Use permit shall be for a duration exceeding two (2) years. The total time period for Temporary Use and Conditional Use permits together shall not exceed five (5) years. The above paragraph e) was originally adopted in September, 2003. The October, 2004 adoption provided clarity. Staff's review shows the initial Conditional Use for the subject property (CU- 2000-12) was approved on November 28, 2000, by Resolution 2000-444 for a period not to exceed 5 years from its original date of adoption. A second Conditional Use (CU-2003-AR- 4799) was approved on February 10, 2004, by Resolution 2004-50 for a period not to exceed 1 year from its original expiration date of CU-2000-12 (November 25,2(05). This one-year cap Page 2 of 5 Agenca item No. 88 :~OV0mDB: ::7 2'807 =:. Q~ 59 was based upon the 2003 amendment to the Golden Gate Area Master Plan (GGAMP). Further analysis shows an extension (CUE-2006-AR-9424) was approved on .July 25, 2006, per Resolution 2006-188 (after adoption of the 2004 clarification to the GGAMP), not to exceed I year. Therefore, the conditional use for a model home has existed a total duration of seven (7) years. Comprehensive Planning Conclusion: Bascd upon the above analysis, and the special exceptions provision above, staff concludes the proposed request for extension of a model home for the subject site well exceeds that allowed and may not be deemed consistent with the GGAMP, however the petitioner wishes to proceed to hearing to allow the BZA to make final consistency determination, AFFORDABLE HOUSING IMPACT: Approval of this variance will have no affordable housing impact. ENVIRONMENTAL ADVISORY COUNCIL (EAC): The Environmental Advisory Council (EAC) did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition CU-2007-AR- I 1970 on October 18, 2007 and by a vote of 8 in favor and 0 opposed recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval. Because the Comprehensive Planning Department has recommended denial, this petition could not be placed on the summary agenda. At the October 18, 2007 CCPC meeting, Chairman Strain noted that he agrees with the position of the Zoning Director. He stated, "that in times that we have, there's no reason we shouldn't be able to work with the business community. The solution offered is not a long term solution for everyone. That's not the intent ofthis petition. The GMP should not be changed unilaterally for all model homes. That was not the intent of the community when the GMP amendment was designed. The only way that should be vented, he says, is througb the community process, but to solve the present problem, he sees the proposal being offered is a good solution," Chairman Strain was on the Golden Gate Estates Planning Committee leading the change against the proliferation of model homes in the Estates. Due to slowing of the economy, down tU111 of the housing sales, high percentage of unabsorbed housing, record foreclosures, and job losses, he feels times have changed. He agrees with the flexibility the proposal offers of the Board approving the model home bascd upon the merits of this case. The model home is kept immaculate and well maintained, the road it fronts (CR-951) is expanding from 4 to 6 lanes, and the traffic generated by the model is minimal. Also, negative neighborhood impacts to the neighborhood were not apparent, and the model home was designed and landscaped in a manner compatible with the surrounding area, Page 3 of 5 p-,genoa Item I~CL 86 I'~ovember 27 2007 Paae ~ of 59 LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a two-year Conditional Use authorizing a model home and sales center in the Estates (E) Zoning District. A Conditional Use is a use that is pern1ittcd in a particular zoning district subject to certain restrictions. Decisions regarding Conditional Uses are quasi-judicial, and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. The Petitioner has the burden of demonstrating that the necessary requiremcnts have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria. you may place such conditions and safeguards as you decm appropriate to allow the use. provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health. safety. welfare. morals. order. comfort. convenience. appearance. or the general wclfare of the neighborhood. As a further condition of approval of the Conditional Use. you may require that suitable areas for streets. public rights-of-way. schools. parks. and other public facilities be set aside, improved, and/or dedicated for public usc. subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution. with approval of the Conditional Use rcquiring four affirmative votes of the Board. In reviewing this Petition, the BZA must detennine or find that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use. if any. have been met by the petitioncr and that, further. satisfactory provision and arrangement has becn made concerning the following matters. wherc applicable: I. Consistency with this Codc and Growth Management Plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience. traffic flow and control. and access in case of lire or catastrophe. 3. The effect the Conditional Use would have on neighboring properties in relation to noise. glare. economic or odor effects. 4. Compatibility with adjacent properties and other properties in the district. NOTE: As outlined in this Executive Summary, there is a difference of opinion between the Zoning and Land Development Review staff and Comprehensive Planning staff with respect to whether this petition is consistent with the Growth Management Plan, The Planning Commission unanimously agreed with the determination of the Zoning and Land Development Review Director with respect to this issue. The BZA is not bound by this determination, and must make an independent finding that the granting ofthis Conditional Use is consistent with the Growth Management Plan. -JAK RECOMMENDATION: Page 4 afS P'9snoa !tem I\jo. ,SS November 27. 20D7 C, 01 5Sl Staff recommends that petition CU-2007-AR-11970 be forwarded to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. This Conditional Use shall expire on November 28,2009; and 2. Approval of this petition by the Board signifies a change in policy to allow model homes to continue to exist along the Estates lots abutting CR-95 I , and further clarifies direction to staff to formulate an amendment to the GGAMP to remove five year limits, and bring such an amendment to the Board for consideration in the next series of Gomprehensive plan amendments. PREPARED BY: Willie Brown, AlCP, Principal Planner Department of Zoning and Land Development Review Page 5 of5 AGE~t'{'Pn!M~~~oso.~ . r-roV'gr'nti~, "-, < L { Page 6 of 59 cOffi:r County -~-- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: October 18, 2007 SUBJECT: PETITION CU-2007-AR-l 1970 PROPERTY OWNER/AGENT: Applicant/Owner: James M. McCord American Dream Builders, Inc. 5827 Corporation Circle Fort Myers, FL 33905-5014 REOUESTED ACTION: James M. McCord representing American Dream Buildcrs Inc. rcquests approval of Conditional Use CU-2007-AR-11970 in the Estates Zoning District for a model home/sales center, as specified per Section 5.04.04.B.3.e of thc Collicr County Land Dcvclopment Code (LDC) on 5 :t acres, GEOGRAPHIC LOCA TION: The subjcct parcel is located at the intersectIon of Collier Boulevard (CR 951) and 13th Avenue, SW, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. PUUPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a conditional use (CU) for the continuation of a model home/sales center. Over a 10-year period, a temporary use permit, two conditional use petitions, and one conditional use extension have been approved for LIse of a model home and sales center at this site, A temporary use permit (TUP) was issued in 1997, which expired three years from the date of issuance. The first conditional use petition, CU-2000-12, was approved by Resolution 2000-444 on November 28, 2000, for a period not to exceed five years, expiring November 28, 2005. The second petition, CU-2003-AR-4799, was approved by Resolution 2004-50, for a period of one year, expiring on November 25, 2006, The most recent petition, CUE-2006-AR-9424, approved on July 25, 2006, granted a one-year conditional use extension, which expires on November 28, 2007, American Dream Builders currently has 14 residential units for sale and three units under CU-2007-AR-11970 Date ofCCPC Meeting Page ~ ofB cr---J; ~~~ Z I_~ "", = (",! il' ~ ~>2! S~- .". - <'Z ". 1 - . I " i w - ; 0 > z " ~ < ; I' . i ~ 0.. I <( WN\':l :::iE --- --- ! ! ! , .; '" ! ~ - - < ,.,. " C\I :::l ~ < 0" ;j' a..~ ()~ w ! - z o w- '::~ ,"0 o ~ w i...SJ.Sl-U.6 WN\':) , "]ll~O\ z o " ~ o . ;j 0 Co ~ . ~ (lr,;6 "~r:J) mW^31nOA , . o o ~ ~ , , '" , . " ~ ~ CD . ~ z ... - z W , ~ , C\I ~ < < ::> if ~... ~ ~ , . I I - , , -,--~~ , , ! ! ! 5; " '. '" ~ 7 "a; ~~ ! r i f , ! ~ ! ! 6. 6. , " ., N' ::' g~ ,- j ." .1 ~ >-z I' !' 00 , i w- , ~., 00 g:g ~f! ~ g~ , 'I ! P ! " 5. , m! ;"' ~ ~~ i, I, . .,' " h , .d I' ! r B , g il g 1IW~1ol;I11'lO':;> IPlV'l Ii l jP I , , i ., ~~ 'i ! ffi ~~ j e! , . IIi. 'v' P -I" " JI i l!;l CiS ~ " 16\ r ~ I . Ii !ii: ~)j l~ ! ~ i _mNAnlOIl~ j- .......1 i. t L llW~_'UM I !~ ! p , '. ., ,- i' V ! . f ! 6 II 51': t,..... ! "~ ., , ! , ~ ~ ~ -:::: ~ ~ "~ , I' ., j , i ! I: t3 ~t1!} 'Il; -~- L ~! LJ"L Q !!=~ ~ ~J:! -~ i' w " z ~ < , " ~ I"IQ<OJIOl< I I-- , . , o z z o N o ~ ~ . o .... '" - - 3 ~ Ii< <( , .... o o N , ::l o .. z o ... t- ill !l. . I I Il. <( :::iE z o I- <( (j o ..J ~p,qenda Item l\lo. 88 N~ovemb9: 27. 2007 ;:'ag8 b of 59 construction in the Collier County area. The model home serves as a display model for homcs within a 20-mi1c radius of the site. As a result, the petitioner is requesting another two-year extension. This conditional use (if approved) would expire on November 28, 2009 SURROUNDING LAND USE & ZONING: Model Home and Sales Ccnter; zoned "E" Estates SUBJECT PARCEL: SURROUNDING: NOlth: East: South: West: Florida Homes Model Home and Sales Center; zoned "E" C.R, 951 right-of-way; zoned "E" Vacant, undeveloped; zoned "E" Vacant, undeveloped; zoned "E" . " . . . . " . o. ~ . . u , . " . " ~ .' .' ..- , . . ~ 11II ~ . . . . . . . . ,. ~ ! . . . . . . .; M W E ,~ = - 7.. . . . . . . . . ,. . . . " . " . . ,. FUI' ~I "ru ,~ ~' . , . . " ,. " . JI'J/" 'll' ,-. --" - ~ Zoning Map & Aerial Photo CU.2007-AR-11970 Date of cepe Meeting Page 3 of 8 ~ , , I I I I <;)' ;Ii, LEGEND! ABBREVlA liONS o SE' tRON PW IIYC"" I!.or.l 6 Flll!_ Hili' )Ii{j nil lAB i:J OlD COIfC MON o rNR mON I"'i ~ DeNtll /,I,I,'l1( <"Q.,POIltRPO!C III "" C . CAtcU'..lllTI Y-J.ft,tSIIl/[D ,. - pur. C. OHD (.ClH!UWllt Dr. rm"'WAC[[A.S(II[11r !.Ie - Vr.LnYfASfJJ(lH A/C. M? ('YJlIDIJI~UI WfJ _ WA'TRJ.lCrffi ce _ 'A'CN PASI'I VI'.. I#NHOI..[ pc - POOL fWIi'J.lO/f [0/>,1: _ COIICPC!r 1)1,... VI!Ulln roe ~ lOP D' (JAV': 8 _l>IEi . ~ sPRINKLE;' /0'[-10 !I _S!lJIJ!" ~ SHI?U(J = Murch 9. 20D6 Do\-~- ~f Survey; Scole: _~.:=_J...9..9~ Pro ject No, ~.flZ~~.l.:t Fe No. _.2L P._lil_ Job No. __..946 !...~_ COPYRICH, 2?Q5 Bv CArlo:. BOUNDARY SURVEY f\oenda itern l'>JO. sa r~ovemoer " / 20Ci7 ::18g: S- of 5~) 100' RIGHT or WAY CULLIER BOULEVARD (pla.tted C.R. 951) ::: TRACT 118 ~ h C>) - if. "". 90",.' SOO'l 9'10'W 330.0 (P&M ~ 300.0'(Ml3 roUiiD- - -- e 5/8 ROD n G) p(\ NO CAP , (0 l1l,i<< m 155.i -~-I-- ~ -- . (0 l e ; ! f r [ , .C .1 lill~ I I I G G 80 0",,10 r-\ ill e\ff~0 '""" ":J: ~;-;-;'.;{~'~~~~:'l~t"" .~[ ~I I I 1 I I I I I I I I I 300.0'(M) ()jj.!I<1lJl':l: NOO'19'\ O'E 330.0'(P&C) CU-2007-AR-11970 Project: 200304()01 I Date: 716107 DUE: 813/07 .0 Co fJ . iff FOUND 5/8 ROO NO CAP BENT FOUND P[RM ~ --qr- REFERHJCE I iWNUMl::~n I I I I I I I vi I ~ I u ~ ~ I .;; ~ 0 I ~ ~ ~ ! d ~ a: I ~ ~ ~ I I I I I I I I I I,w 10 I ,n '0 I ~ Igj 11/0 ENLARGED DET.1IL : ONE STORY RESIDENCE I I I ____L :; ~ . g g . ^ .0' rOUND 5/B ROD NO CAP TRACT 103 mls SURI1':Y IS PRf:PARt:D rOR, AMERICAN DReAM BUILDERS, INC r hereby certify that this survey meets tile minimum technical slorrdards 05 per Chapter 61C17-6 F.A.C. This is not 0 c(j(lifir;ote of Title, Zoning, or Freedom of encumbronces. Abstract has not been reviEwed and of her eosrJments and restrictions may apply 10 this parcel. All other easemenls (lla! R:d.'it ore required to Df: pro\1ded to Un' slJrveyor by the cfient of his or ner agent per Fiorido Siatute 6IeI7-6.00J (/0) F.A.C. a~ ~. )It;J4/ Carol [. Nelsorl, P.L.S. #5013 . tJb I JJO Wilson Boulevord Svu/h ~WT VALID UNLlSS Nop/r:s, f10rida 34-117-.9364 , ::M80SSU) Wllfi S~N~ (239) 304-0055 O!ficc I ~.~~!!~S i?E5tR~~~______----.G_~~) J04-0047 Foc:.;imile .__~ LECAL DESCRIP nON ALL of TRAG T fl9, GOlD[N GA TE ESTA TtS. UNIT NO. 26 recorded in Plat Book 4, page 15 0-' {he Public Records of Collier Cor.m Iy, norido. ADDRESS OF PROPERTY: 4050 Ufh A VFNUF S W NOTES: FLOOD ZONE ~X" - PANEL 120Q57 0425 G. !:JI~^RINGS BAS,:O ON PHySICAL CENITRlIN( Cf IJ\11 AV(NUE S.W. AS 8[lt>lG N6S'40'SO'W, r NG:;Ol\'. --- ,,' .<; ~ "0 o '" '" TT?ACT 120 TWACT 119 '" , o C0 "0 ." m ~ '- g . " FOUND 5/8 ROD NO CAP REV: 1 .... ..... ~ ..... .... ~ r;;.., ,Agenda Ite~~N~, ~~ Novem09i ,.::: t . 20u F'ags 1 (J 0; 5~i GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: Comprehensive Planning staff has reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP), is designated as Estates (Estates Mixed Use District, Residential Estates Subdistrict), The Conditional Uses Subdistrict, applicable to this site in Golden Gate Estates, reads as follows (adopted on October 26,2004 and becamc effective January 13,2005. c) Special Exceptions to Conditional Use Locational Criteria: Temporary use (TU) permits for model homes, as defined in the Collier County Land Development Code, may be allowed anywhere within the Estates-Mixed Use District. Conditional usc permits submitted for the purpose of extending the time period for usc of the structure as a modcl home shall not be subject to the locational criteria of thc Conditional Uses Subdistrict, and may be allowed anywhere within the Estates-Mixed Use District. Temporary Use permits for model homes shall have a duration of three (3) years from the date of approval. No subsequent issuance of a Conditional Use pcrmit shall bc for a duration cxceeding two (2) years. Thc total timc period for Temporary Use and Conditional Use permits together shall not exceed five (5) years. The above paragraph e) was originally adopted in September 2003. The October 2004 adoption provided clarity. Staff's review shows the initial Conditional Usc for the subject property (CU- 2000-12) was approvcd on November 28, 2000, by Rcsolution 2000-444 for a pcriod not to exceed 5 years from its original date of adoption. A second Conditional Use (CU-2003-AR- 4799) was approved on February 10, 2004, by Resolution 2004-50 for a period not to exceed I year [rom it's original expiration date of CU-2000-12 (November 25,2005). This one-year cap was based upon the 2003 amendment to the Golden Gate Area Master Plan (GGAMP). Further analysis shows an cxtension (CUE-2006-AR-9424) was approved on July 25, 200G, per Resolution 2006-188 (after adoption of the 2004 clarification to the GGAMP), not to exceed 1 year. Therefore, the conditional use for a modcl home has existcd a total duration of scven (7) years. Comprehensive Planning Conclusion: Based upon the above analysis, and the special exceptions provision above, staff concludes the proposed request for extension of a model home for the subject site well exceeds that allowed and may not be deemed consistent with the GGAMP, however the petitioncr wishes to proceed to hearing to allow the BZA to make final consistcncy dctermination. Transportation Element: Extension of this conditional use can be considered consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management plan for the following reasons: 1) The traffic associated with this CU is existing, and is included in background traffic. The extension does not propose to create new traffic. CU-2007-AR-11970 Date of cepe Meeting Page 5 of 9 Agenc3 ite~!'J~_ _ 8,~ ['J:::WenlDSr ';':,'. LOC;, :)ag~ i 0:" 5f 2) The number of trips can be considered deminimis. However, the adjacent roadway may be over capacity if not constructed within 5 years (Project no. 68056 CR-951 from Golden Gate Boulevard to Green Boulevard) Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element. ANALYSIS: Beforc any Conditional Usc rccommcndation can be offered to the Board of Zoning Appeals, the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Cnnditional Use will not adversely affect the public interest; and 2) all specific requircments for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, whcrc applicable: 1. Consistency with the Land Development Code and the Growth Management Plan, The requested use is not consistent with the applieable elements of the GMP as noted in thc Comprehensive Planning Department's consistency rcview on page 5. Zoning statT, however, feels the use is consistent with the LDC as any potential impact may be mitigated by proper usc and adherencc to the requirements of the I,DC and/or stipulations in the conditional use. The nature of the model home and its related components are not incompatible with s1l11'olmding development. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestl'ian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided from CR-951 via 13Lh Avenue SW. There is clear site distance as welL Thc project docs not add additional trips to tho roadway network; therefore, it would have minimal impact on the levcl of service of the adjaeent CR- 951 roadway. The project has been doomed consistent with Policies 5.] and 5.2 of the Transportation Element of the GMP. 3. The effect the Conditional Use would have on neighboring Ilroperties in relation to noise, glare, economic 01' odor effects. The use would not have a negative impact on surrounding properties, Only a small portion of the five acre site is developed. The remaining pOliion is undeveloped, The use, which has been in existenec for more than] 0 years, does not produce glare, noise, or obnoxious odor. 4, Compatibility with adjacent propel'ties and other property in the district, The proposed use is compatible with surrounding uses. North and east of the subject propelty are other model homes, and south and west is vacant, undeveloped land. Approximately three-fourths of the property is undeveloped and wooded, which provides a buffer for nearby uses. The model home is constructed as a single family structure, and would be used as a single-family dwelling after its expiration as a model use. Traffic and GU-2007.AR-11970 Date of cepe Meeting Page 6 of 9 Aoends !tem No. 88 r,JovemDer 27 2007 Page :2 of 5S noise impacts produced by the use are minimal. No more than two staff members ill'e employed on-site at one time. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The NIM was held at the Americilll Dream Builders model home and sales center located at 4050 13Lh Avenue SW on September 18, 2007 at 5:30pm. Two Collier COWlty staff members were present: Willie Brown (Principal Plalll1er) and Linda Bedtelyon (Community Planning Coordinator). No members of the pubic were prescnt. After sitting and talking with the owner and agent for over 30 minutes, staff eoncluded the meeting. SUMMARY: Amcricilll Dream Builders has been in thc business of providing affordable housing to the residents of Collier County for an extended period oftimc. The subject model home/sales center has been in existence for the past] 0 years. No more than two employees service the site at one time. Nothing about the physical arrangement of the site has changed since its construction when the use was first established. The "initial life" of a Model Home, is comprised of first, a timc pcriod of 3 ycars via approval of a tcmporaty usc pcrmit, and sccond, by an additional timc pcriod of 2 ycars by way of Conditional Usc approval. The Zoning Director advised thc applicant prior to the submittal of this application that, in her opinion, if the application was approved hy the Board of Zoning Adjustment and Appeals (RZA), this approval could lawfully extend the life of a model home beyond the initial 5 year time ii'ame as outlined in the GMP. It is the opinion of the Zoning Director tllat the only way to extend an approval of a model home beyond the "initial life" of 5 ycars and still remain consistent with the intcnt of thc GMP, is by way of approval of an extension of time tlu'ough approval of a new Conditional Use application by the BZA. The Zoning Director has taken the position that the time limitations on a Conditional Use, pursuant to the language in the GMP as it relates specifically to model homes, is consistent with and furthers the intent of the GMP and LDC, Specifically, the intent of the GMP was to allow a limited lifespan of these types of uses as the public deemed appropriate. Because model homes are considercd temporary uses both by thc GMP and LDC, the public hcaring process required as part of the Conditional Usc process coupled with the 2-year time limitation for model homes, provides the oppOItunity for regularly scheduled monitoring and evaluation of the impaets of what is actually a commercial use in a residential neighborhood. Fmthermore, it provides the opportunity to the public to voice concerns at a duly advertised public hearing on a once every two-year time frame. Additionally, tlle Conditional Use process gives the ability to the BZA to place appropriate stipulations as part of project approval in order to mitigate any potential negative impacts of the usc, Lastly, it provides thc BZA the opportunity to disapprovc the use should and when changes in the neighborhood make it so incompatible that even reasonable buffering requirements or specific activity restrictions are no longer effective and/or the model home has served out its usefulness to the community. GU-20D7-AR-11970 Date of cepe Meeting Page 7 of 9 ,'\C9n:i:::, iE:rTl j\;::. E:E i\r~ClV8rTlb~' 2:'" :2007 :::'ag8 ~ ~'j 01 59 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission find that the extension of the life of model homes beyond 5 years by way of approval of this Conditional Use application consistent with the GMP, and recommend approval of Petition CU-2007-AR-11970 to the Board of Zoning for a life of 2 additional years, PREPARED BY: w.~ ~W'"' WILLIE BROWN, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVI TZKOW ISTANT COUNTY ATTORNEY I, IO/r:;/7 , DATE '0: RA YM 0 V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW /0- <<:-~G7 ~/ '177. ~k/~h.24 ) /0/0' /2co 7 ./SUSAN MURRA Y ISTENES, AICP, DIRECTOR DAIlE' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW API'ROVED BY: ~ ~- /ok-4? Jp PH K. SCHMITT, ADMI STRA TOR DATE / rt MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION L. Cullier County Planning Cummission: tv evl. e v~L/ MARK. TRAIN, CHAIRMAN \0- \ 13 --- 0 "7 DATE Staff report for the October 18, 2007 Collier County Planning Commission Meeting CU-2007-AR-11970 Date of cepe Meeting Page 8 of 9 ;i,aenoa item I\lG 38 r~ovemoer 27,2007 F)age "14 of 5S1 Tentatively seheduled for the November 27,2007 Board of County Commissioners Meeting Attaclunents: A. Findings of Fact CU~2007.AR.11970 Date of ccpe Meeting Page 9 of 9 _....__~~...~,,~ _._>..,___._..m."'_" L,oenoa Ilsrn I\j~" 35 t~ovember 27. 2007 P2;::1S -;5 o~ 59 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-11970 The following facts are found: 1. Section <text> of the Land Developmcnt Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the publie interest and will not adversely affect other property or uses in the same district or neighborhood because of: A, Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotivc and pcdestrian safety and convenience, traffic flow and control, and acccss in case oOire or catastrophe: Adequate ingress & ef,'l'ess Yes No C. Affects ncighboring propel1ies in relation to nmse, glare, economIc or odor cffccts: No affect or _ Affect mitigated by <text> _ Affect calUlOt be mitigated D, Compatibility with adjacent propcl1ies and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>, DATE: CHAIRMAN: Attachment A ,ti,aenCl8 Item l"io. 88 November 27, 200~' Page 16 of 59 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. Section <text> of the Land Development Code authorized tbe conditinnal use. 2. Granting the conditional use will not adversely affect the public interest and will A. Consistency with tbe Land Development Code and Growtll Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and G()!ltrol, and access in ease of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring propcrties ili rclation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by <text> __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in tbe district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be reeolllmended for approval <text>. DATE: MEMBER: l'a1!..:lofl C',:H':",,:;-, COLLIER COUNTY CO~,r;;:' OF COlll~TY COMMISSI()I~EF~~, Item Number: Item Summary: "11,,'11'" "i'P' ,.'1; ;.;~CII~I: am" [y' s,,:,.~,; :r, ''''2'1' (1,Seil S'.H(, t,. r,.:' (v., ~''''n "'"P' S~I " lJC''?'1 .~'n; -II"" Meeting Dale: "of Prepared Bv Will,(,t-"'-..'" ""'11(:,'-1, ""-'1'''' '"", (;ommlJn,,;r"'v('laomcnt t.-n",ronmem;il Ser~,c(y 2GnlnC"-I,""i!)''V'lo"",,,n'h,.v'('I.' 11:,;~(1". 1':;(ib~~ Af.' Approved By ,IOS<>Iltl V. Scnnlltt ,--OnmIWl!'/t)"V'~,armlCnl<; !'rw!ronmen(,ii Sl'rv,ees Admmstr:lt", DJV :;"m'ttur,,,\' f"'V010rmenti; Cn'W1rl"1!1I' [}"i"I(,,,m(,nl. t:n'.'"onmcntd! S' rvl~'" :::fI'.'lr""mcn ,.,1 "!,tv,("'-'~'\()m"; 11' 13.'2007 [5~ oP' Approved Ih ,.Jorn' t: ~e(lr, Id~: -'r.m&,Jl"m'M,['''-''S,o'''',.~rn'n,str'Jt(). U"t'. """",\."YIJI" ""-I"'.~, ~'" 'I(""~ "(]~',,.-, Approved B~ Jlt,: hi" (,.,'r 'elm"." ";",," :., i"'"'''' 0""'" ,,~ y' '"""""." Approl'eu H~ j'J",1 C.,1~J'a;"u"Ji r,p" 'jlr'e~'(' rJ:," , f~ 'l~,,,o ,'[J i 'CO" """" ",,"''''h, .F <': Appro,'ed B., :,,'''''~r','''.- "" ",-,.- ".- "~,,t,-/' '~Grnm""," r"""'OI'",<:nt,' ',('n'~'L""'1 '-'n" I"'W[\(I. ~n"'''or1rnC'1r;: Sn,,"::; """"",,'''1, ~"', "-'<:,"', '''I' Appro\,(,d II} C>lJs;:l1lj""r.,'.'/-'I.:>' ;,:,-Jr";I"""0p"""l'i.i""G:0' i.',ll< ';orn"'.'_",I""pv"i(">r",,,,' '-n,"C""'T,~m ~~l,r" ;"", ,'" '-i.'"'' "'''''''''''''''.'m,,'.'''' : I.' 1 ~.'~(JG-' - ~"! pr. Appn'\'t'"d B, .I'.'ffhii\Z;;"" a,.'t ~',Ol!<l',' Att,)"",; 1.'''1' c-aucl1' (-\()0r'Il' ,')' "I' '" tH" '" '.11 ,', ~ "1S.'~O:'- ~ l:i ry Approved lJ~' ':)",!O("W,,'(i''':1!;:'' '-\lJL" """"'c, "Il;C;-" , 'F'" i,dm,n'S1",i,'" :'''''VIC{-.'~ "':W'fI'" ~v"'n", '0' , "1 ~:2n[)- c' 43 PI" Allpruved By r'''i'''' I~"~'"'' h"ClW'i 'n;.,' rJ~"" ,";OLl'W..' r'~"r :,CH" "Cfi,~c dl,'''H'''''(,:TIcn :; L,u~oc' .. "j :.';'~c( " .:--:' A,' Approved By Jnrw-," ";,L,d,' ",,~t,' i.',,,,',,,,,, ~'~. .11' "'~Hr; '''''lIt''f'' '::;'.omml,';'("W: '.. 'n~ '''',,(., fik:II('.' \Agendu T est\EXflOft\93- Nnvem ber%,2027, '%202007\OX, '~o2()A[)VERT] SED'!:o20P 11/20/2007 Aoenda Item No. 88 IJoV121l1De; 27. 2007 Paae 18 of 59 RESOLUTION 07 -_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETiTION NUMBER CU-2007,AR-1I970, GRANTING A TWO-YEAR CONDITiONAL USE FOR A MODEL HOME AND SALES CENTER AT 4050 13TH AVENUE S.W., LOCATED WITHIN THE ESTATES DISTRICT "E," IN SECTiON 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIIJR COUNTY, FLORIDA. WHEREAS, the Legislature of tile Slate of Florida in Chapror 125, Florida Statures, has conferred un all counties in Florida the power to cstablish1 coordinate and enforce 7.oning mtd such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of patticular geographic divisions of the County, among which is the granting of Conditional Uses and the extending of the time periods of approved CondiLional Oscs; and WHEREAS, on November 2g, 2000, the Board of Zoning Appeals of Collier County, Florida, adopted Resolulion No. 00-444, a copy of whidl is attached hereto as Exhibit A, gnmling American Dream Builders, Inc. (Petitioner), a Conditional Use for a model home sales center on property located within the Estates District "E," more particularly described in Exhibit B, which use expired November 28,2005; and WHEREAS, on Fehrllary 10, 2004, the Board of Zoning Appeals of Collier Counly, Florida, adopt.ed Resolution No. 04-50, a copy of which is attached hereto as Exhibit C, granting a Conditional Use which extended by one year, to Novcluber 25, 20061 the expiration date originally established through Resolulion 00-4iJ.t\; and WHEREAS, on July 25, 2006, the Board of Zuning Appeals adopted Resolution No, 06-188, a copy of which is attached hereto as Ex.hibit D, which granted Ll one-year extension to the Condilional Use established through Resolution 04-50 subject to tbe conditions applicable thereto and additional conditions; ~md WHEREAS, on November 28, 20{)6, the J)oard of Zoning Appeals adopted Resolutioll No, 06- 306, copy of which is attached hereto as Exhibit E, correcting a scrivener's en'or in Resolution No, 04-50 relating to the Conditional Use's expiration date which is (as C01Tcctcd) November 28,2007; and WHEREAS, Golden Gate Area Master Plan Section I1I.B.2. provides that "no subsequent issuance of a Conditional Use pennit shall be for a duration exceeding two (2) years;" and WHEREAS, the Petitioner has submitted a writteu request for an additional Conditional Use for the model home sales center; and 0......." 1 "Fry Aoenuc ilem !'>Jc. 3:=; I'JCW8;TDS; :=7, 20G- ~;ao!:> 19 0" 5~< WHEREAS, the Collier County Planning Commission has found as a findings of fact (Exhibit F) that s3lisfactory provision and all'angernem h~ve been mflde concerning all appli;:;ahle matters requireu by said regulations and in accordallce wilh Subs.ection lO.OB.OO.D. of the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public heUling after notice as in said regulaLions made and provided, and has considered lbc advisability of granting an additional twow year Condifional Use for lhis properlY; find WHEREAS, all interested parties have been given oppOltunity Lo be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1. Petition No. CU-2007-AR~1l970, filed by Edward B. Hanf and JClmcs M. McCord on be-half of American Dream Builders, Inc., for a Condition.1l Uile for a model home and sales celller at 40S0 13111 Avenue S.\V., Naples, Florida, morc particulmly described ill Exhibit E, as shown on the boundary survey (Exhibit G), is approved subject to the condifiollR ~ct forLh in Exhibit 11. 2. This Conditional Us.e shall expire on November 28. 2009. BE IT FURTHER IlliSOLVED that this Rewlulion relatlllg to Perition No, CU-2007-AR- 11970, be recorded in the minutes of this Board. This Re.<:;olution adopted after motion, second and super-majority vote this ~ day of ,2007. ATIEST: DWIGHT E BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 13y: By: .__ JAMES COLETIA, Cllainnan , Deputy Clerk Approved as La foml and leg" SU1 ieie ~ i- It IV A. Klat . (Ow ing Ass s ant County Attorney Jeffre Marw EXHIllIT A - Copy of Resolurioll No. 00-444 EXHIBIT B - Legal De~criplion EXHIBIT C - Copy of Resolurioll No, 04-50 EXlllIJITD - Copy of Rc.,olutlon No. 06.188 EXnIDIT E - Copy of Resolution Nu. 06-306 EXHIllIT'r - Finding' of Fact EXHIBIT G - Boundary .survey D.......... ') "f:') 17Cl RESOLUTION NO. 2000- .tiL- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A MODEL HOME CONDITIONAL USE IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.6.33.4. \.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SHerrON 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. WHEREAS, the Legislature of the State of FJorida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Stamte.s, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the prote<:tion of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (OrdinBnce No. 91-102) which includes a ComprehensIve Zoning Ordinance establishins regulations for the zoning ofpanicular geographic divisions of the County, among which is the granting of Conditional Uses: and WHEREAS. the Collier CouJUy Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulatjens made and provided, and has considered Hm advisability of a Conditional Use pursuant to Subsection 2.6.33.4.1.3 of the Land Development Code in an "E" Estates Zone for it model home on the prQPerty hereinafter described, and has found as a matter of fact (Exhibit "A") that slltisfaclory provision and ammgement have been made concerning all applicabJe matters required by SElid regulations and in accordance wilh Subsection 2.7.4.4 of the Lalld De....elopment Code for the CoUier County Planning Commission; and WHEREAS, aU intcfC.'lted parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition flied by James McCord. representing American Dream Builders, Inc., with respect to the property ner.cinafter described as: Tract 119, Golden Gate Estates, Unit 26, as recorded in P,at Book 7, Page 15. of Iht: puhlic records of Collier County, Florida. -1- EXHIBIT "A" Agenda Item No. 88 r<ovelllber 27. 2007 P898 20 of 59 .J,8enC& Item I\!c: 83 1~ovt::mb8i-:=i 20:]-:' 17C '~I 2; c' 5S' be and the sa....ne is hereby approved for a conditional use pursuant to Subsection 2.6.33.4.1.3 of the Lund Development Code in the "E" Estates Zoning District for a model home in accordance with the Conceptual Ma.'1ter Plan (Exhibit UBlt) and subject to the following conditions: Exhibit "e" which is attached hercto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution br::. recorded in the minutes of this Board. This Resolution adopted after motion. second and majority vote, Done thi, 8-ftJ" day of No lX.mbu' ,,2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES A '\JBST.;... .,D'WT. CiiH'!;~;~OCK, Clerk '/\~tiSt, 11',",' CllJt.... " $'jg~~..onrt, ' '~~.:~D.C, Arpro~l:da,s lo,:ForTIl and " L~~~rSUf0,~)enc}': 7h~iiJ.!.-J~ Marj eM. Student Assistant County Attorney g:lndminlCU.ZOOO-12/ RP~~OIJmONIDM{im -2- /\aena2 Item [\jc, 8B N~ovemDer 27, 2007 Page 22 of 59 17 C~I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-12 The following facts are found: 1. Section ~i ,Iff" If.::: It ~.;'"r1; 'f., .,-of the Land Development Code authorize 'the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with Management Plan: Yes the Land Development Code and Growth /NO B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control I and access in ~ase of fire or catastrophe: Adequate ingr(~ egress Yes No c. Affects ighboring properties in relation to noise, gla economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use withi~district Yes ~ No Based on the above findings',~h' eo~ti3nal use should, with stipulations, (copy attached~~oul~ be recommended for approval - DATE: //-..;'- tic) EXHIBI ~,penQ2 ite~:\j:::' 8:: Nove:T:aB:- -'-,: 200"7 ::'3;:18 2:"; ,...r ;::;c 17C ~1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-12 The following facts are found: I. Section 2.7,4 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / NO S. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & 7gress Yes" No C. Affects neighboring properties in relation to noise, glarey economic or odor effects: V No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use/Within district Yes v' No Based on the above findings, this conditional uBe(S~ with stipulations, (copy attached) (",agula Hvl) be recommended for approval IfIfR/JV,ft /J If) j j, J / DATE: 11/2/00 MEMBER: ~/fuWd I I f/FINDING OF FACT ME~BE~/ f\,qena8 Item t'\c. 88 N-ovember 27. 2007 Page 24 of 59 17 C"'~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-12 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pl~ Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~- Adequate ingress & e ss Yes No C. Affects eighboring properties in relation to noise, , economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distri Compatible use thin district Yes No Based on the above findings, this stipulations, (copy attached) (~L approval ~ DATE: t.;5IT' &; ,:2""" conditional ", at) f/FINDING OF FACT MBMaERj L-.C1BlldZ, ite....: 1\;0, E\5 r0C1vemoe:' ;:::-. 2DC-:- 1 7 cage, ce, ce' 5? FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-12 The following facts are found: 1. Section ~ . (P.~ 3:, .~. S ; ::1.1., ~." S of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pl~: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & eg;:ess Yes \,./" No C. Affects neighboring properties in relation to noise, glare,~conomic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: compatible use~thin district Yes No __ Based on the above findings, ~~ditional stipulatio~, (c\opy attachedY:(ShO~ not) be approval J\~"-" .!. . t.::::::~ J DATE: !/ -~-u.oD ~ MEMBER. with for ~ f/FINDING OF FACT MEMaER/ A8enda Item I'io. 88 r~'ovember 27. 2007 Page 26 of 59 17C .~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-l2 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fi.re or catastrophe: Adequate ingress & egpess Yes ........- No C. Affects neighboring properties in relation to noise, glare,~onomic or odor effects: ~No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi~in distri.ct Yes ,~ No Based on the above findings, ~;R r.onditional use should, with stipulations, (copy attached) (shouldj.._t-) be recommended for approval , ~ DATE: 11/'7-)00 MEMBER: ~/ /#~7- , I f/FINDING OF FACT MEMBER! i..;"gsnc.:: lie:!' 1'\c, 8::; hJC)V2IiiDS"' 27 20C,-:' :->age 27 of 59 17C FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-l2 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect 'other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &~gress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: .../ No affect or Affect mitigated by Affect cannot be mitigated --- D. Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes Y No Based on the above findings, Sditional use should, with stipulations, (copy attached) (should not) be recommended for :::::valll ' ?-, '}. ()V~ . MEMBER: '~1 ~~ I C( .. 7 r/FINDIUG OF FACT MEMBER/ Aaenaa Item 1\10. 8B ~~ovembe~ 27. 2007 Paae 28 O~- .....v 17C- - FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Ctr-2000-12 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes -..,/ No Based on the above findings, this conditional stipulations, (copy attached) (should not) be approval useC;ho~ld,)With recomriierided for , ......\ MEMBER: ~.~ '>-)X4~J t-~'P-~"f~ ( , / 7/ j (I' DATE: // /"Z~, ~, f/FINDrNG OF PACT MBMBER! .Q ..:,Q.~....~ '0' ~ '" ~ en ~ ~ " ~ , m ~ C) C) t:i '" '" ~ Q <> UJ " <0 ::l ~ Z UJ > <: 0, u; b :l en J:. '" "' ,1 '.' - ~ . If.'" ~ ~~J'''''' 'ill;' ~o\~~~ 3 t--\,dJ *. ,,' [Q 1m I ~'l-'~,""d ~,o. .<~.. 'l"'..a. ..,.~q..V'-.. ", "'tt.' \II' . ",,, 1-"..... ",. r~(l.oo, CERTlflEO TO: t.<-;:eil~c, :te~ i'\C.' 88 i'J':i\'ernoe:' =7. :OC)"i -'3ge 29 01 59 7' in Plill (look 7, PilQeS 15 and 15, of the ~nd rc~~rv~tions of record. C.R. 951 P tMlD 511RVEY OF TIle ~Ht tt,)lr (ql of lrilct l19, GOLDEN GrIn- EST^T[S UNIT No, 26. 45. recorded . P"h~~ '''''''.Of ColllC!r County, F1ortd~. Sobject tn C!asmncnts, r{>s.trictinfJ~ ... 100' R/W -r-:- ~~ l~ . t~ t\.~ U"1-~~ - O""\~' 't-'\'~' --"v oJ'; C."" '11-:-'~~ 0. ==---- S' ~'r \t~~ -- 50"19'IO"W: .;, 30.00' 16.~' I I I I , I I I I I I--- 76." I ~ I ~ I :J: I \ ~ I . ~ ~ j . c> I : ~ I ~ I '" ~ I I I I I \' ~ I I '!b"<<- I t,0' I rr:>'\'o';;~ .,9-... o. .00' c""" t 858 -m~l - ~ .: I ., '" l::S Of STATE ROAD I!V{;e' OF PVMf. "--- 2" GONe. CORB 1l.IS,7b'lM) L:;I20.00'(I::O CONe, WAt.K 85000'{Rl 3'29.94'(C) -., m u; .,; ~ ~t\.V- "VO'f'~.~, ~t;"~G~ I j 4.3' HtE EASf r;~ OF TRACT p5 155,". 4f 4060 I~lh AVE, 5. CONe.. FOllN04TlO~ l=INIS\.l€D FLOOR el.t:v. ..lOl,M: \ 119 "' .; '" S 0019'lO"W .33D.OO'{F!1 3'29.~4'{CJ T~E wv. Of TRACT "g '330' (Rl Exhibit "BII 11.6.97 1197006 C06-- B~ BOUNOARI("'A&SUM. eL~ .=.~,.. I'UlIoIM)If alH7JlCK. I'CIM OrAAlNGS 8AS[O ON: PLAT O"T[ OR[){R rCLO BOO RtvlSlON' AIt. .. ==' I'IEnIUJllX ELEVA'TIONS B.r.SEO Ol\~ ASSUMED DATUM . MJc:.U IllOoI Wl# lOCAT(O l.'.l n.ooo ZONE: .X" '.4 ~~/!~ PER F.I.R,~. [)AlEC); b.B.B6 ..II.." ~~ C!FlTlflC-'TE ..rouHIl ~J 1~".AIft_""'__-.....tI;r .2~1I ~ =--~~. ::r..:::~~~ ..1ICUlItD _..M1fOf'll..,.u...f\oo:'lft......, g : ;g~ ~ ~~""~-"y~ ~~~1:= SURVEYS, INC, ':. ~_~tNT' --. I r_ -vi)' -." 10 =:.... '""... : ~ ~' WDIOO =":--."'U ~ ~ ':"..":.t-: ..~~ ~ _~ 1.........'-...1_. .... PtI'i] TE:L (Ilin 9.]9-.]006.- IMl li-I'ft FAX (9'0 V3i-1101 . 'ft- _CooI!:r'p~__~ __. Sec.l 00MN' II -- ~ ~ '" 10:, 3i iii 1 oj " ~'/..,l,... I ,0. ~I tt~. ~ c C> g "' 120 w . C> '" C :' 01 cO "' ,,,...v ,tlF1'~' (.,9>"~~ {).'/. ..- SCALE: '"'-40' '"'" ONLY """ ........, '''' 7C ..~ . ~ -. . A,aenda Item No. 88 rJovemo8: 27.2007 Page 30 of 59 17C ~I Conditions for Approval of Conditional Use CU.2000-12 (October 5, 20(0) 1. This conditional use approval shall expire five (5) years from its original date of adoption. Should the property owner wish to continue the approved use beyond five (5) years, the property owner shall reapply for another conditional use or comply with applicable land development regulations at the time of expiration of this conditional use. 2. The Planning Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County land Development Code (Ordinance 91-102). 3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction activity a historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4. Landscape and inigation plans shall be submitted for approval by County planning Services Staff, and shall be in accordance with applicable Land Development Code regulations in effect at the time of approval of this conditional use. Exhibit "e" ,;...;JEnoc. !i.'2T, i\lG. 33 h!Q\/e:TlDe: ;:::-; 200- =-ag8 3 o~ 5~ LEGAL DESCRIPTION ALL OF TRACT 119, GOLDEN GATE ESTATES, UNIT NO. 26, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 15, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT R 7C RESOLUTION NO..-ill: 50 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING POR THE ESTABLISHMENT OF CONDITIONAL USE 9 IN THE "E" EST A TES ZONING DISTRICT PURSUANT TO SECTION 2,2.3,3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY I.OCATED IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLrER COUNTY. FLORIDA, CONTAINING 5 ACRES. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of florida, and Chapter 125, Florida St!ltutes, has conferred on Collier County the power to establish, coardinate and enforce zoning and such business regulations as are necessary for the protectlon of the public; and WHEREAS, the County pursuant thereto hus uuopted a Land Dt::vt:loprnent Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regula1ions for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses: and WHEREAS, lhe Board 01 Znning Appeals (Board), being the duly appointt:d and constituted board for the area hereby affected, has held a public hearing after notice as in ~aid regulations made and provided, and has considered the advisability of Conditional Use 9 of Sect}nn 2.2.3.3 and 2.6.33.4 of the Collier County Land Development Code in an "E" Estates Zone for a model borne and sales center on the property hereinc.fter descrihed, and the Collier County Ptf'llming Commission has found as a maller 01 fact (Exhibit "A") that satisfactory provision and ::mangnmcnl have been made ooncerning all applicable matters required by said regulations and in accord:,mce with Sub-section 2.7.4.4 of the Land Deve1Dpment Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW. THEREFORE. BE IT RESOLVED BY the Board of Zoning Appeals 01 Collier Cowlly. Florida, that: The petition, CU-2003-AR-4799. filed by Edward B, Haot, ot American Dream Builders, [ne, with respect to the property hereinafter described as: All of Tract 119, Golden Gate Estates, Unit Nu. 26, according lo the plat thereof recorded in ptat Book 1, Page 15, Public Records of CoUier County, Florida, Page I 01 2 EXHIBIT "C" Aaenda il8:r: !\lC ,~~S 1'-l~ovemb9; 27 2007 of 59 ,.. 7C Is hereby approved for Conditional Use 9 of Section 2.2.3.3 ColHer Counly Land Development Code in the "E" Estates Zoning District for a model home and sales center in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the tollowing conditions: Exhibit "e" which is attached hereto and incorporated by reference herein, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super~mlJjority vote, Done this day of ..2004. I.\\ll'''''ll',,,, ""\:\('~' . <:.tl:'.... I' "'-" ATTESTr...-.".....l:..,......:-; ~> '. DWIGlf(i.~I<:.:..ct.1iRK f 1 ( \\~'?.':'::,.~:5~) '1 !: i Jehu!;' ;4'.'I""',~)~ J, r'. i f ',-,.\.~,"1:.'.. ".' ~~,.~...- DEPUTy.ct"""",,;;: \J' _-", ,:.~.'"U:l'\O,\\' MoteIt . ..*_~C t~""" .Ij, App~ovcd as to Farm and ~~ Patrick Q, White A~sisULnt County Attorney CU-200J.-AR.4799/M[)lIo '!L_ Paee 2 of 2 ,9.1/o/o~ ,. I i'. :l{I{?'i Jruitv* h;:::;\/'.::mD-2' T'-. 2007 ::)2;J~ 3: of 59 :ler-, i\!::3:: ~ /\genoa Item l\jo, 86 t\Jovembe:' 27, 2007 Page 34 of 59 FINDING OF FACf BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 7C .","" CU-2003-AR-4799 The following facts are fOWld: 1. Section 2.2.2,3.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land DeveJopment Code and Growth Management Plan: Yes v"" No B, Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress ,;' Yes_ No C. Affects neighboring properties in relation to noise, glare, economic Or odor effects: ~o affect or _ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V' No Based on the above findings, this conditional use should, with stipul~ (copy attached) (should not) be recommended for approval I 1"fk' 'ff ' rJ~1~f:'1'!! f}w,ftJ A (jJJ DATE: J /;,'\104- I I II ;1 ~ X;IrBI'I A ZJ.NrHI3U ,DIIIN t:OILlOI ::;U.VQ I 100"0.001:# ~:)3.rOlld 66Lt-lIV-.OOZ-[l:) I l' 11 .. " , ~~~' ~ ~: -f; - ~ =- Q gL9 - ' ii~~ b!..e~ ~ It" ;M r; d~' bt!_! ":i\ ;;If ;~'1 \ I ill ~ Fi ! '" ~g ~ ! :~.. v ~" ~ !;i- " Z 0: I-< & ~ I-< ~ Q..::t o ?3. Vllo< :z. ta ~ b: ~~ ~~ < ~% ~~ ~" ~" ~. ~ ~ . , ~ ~ ~ : I 'I i i ~ ' ,. I S . " I :< ~ <( ~~ > oH .'"'-, .. ~: i 'b )1 ful' \.-/'.l;.w \.oj ! ..+j l: ~ ,( ,....'''''...".,.",,, I,g" J-Iglf/X:;? ~ u "' ---J (S; ~ ~ " z .-._~._--._-----_._"-_._._._." . I ,I I' ti. \ (t- " . IF 1~ i'li t)" , ~. ......, fHM18'6i!C '/'I..lf;.8/.00''j ,I " i . ~-1!--- i t.. rN).O(}VCC '3.Cf,t;C!.G{FN (riMO'OCE: '3.01.61.00'1'1 '" =0 Co u .. "" Co ~ , ~ .~ " ~ g CIl Q .,. ., 10 :'.:l - II _ I c.g~~ 08 "';;~ e tr Tl :f. U !:; ~ ~ ~ !:: ; '- , ..~ ~ "'~ ~ ~ liis ~ ~~ ~ - . ~ ~~ ~ E~ ~ zll M ;0- w ~ '" .. ~ :::> '" , ; ".. '" .. ~ Q ;<; " :::> " :::> ~ '" " 3 ~ z < ::~ z . u E , . !~ ~~ ~ ~ ~ ![ . ~, ~ =0 18 C\I .~ ~ '1<' t-< ~ :;j ~ ~ ~ ~ . ~l ;, rl! ! ,[ 'j' iP. ~ \! . '. :s i! ~ ~ ~ I ',I e", 'I ". i'I,' ',' , 'I' "I!! kl'~! 'Ii "I~ '.: .. ~ '. r " ' ";\"1 I ~!!,!~t jiqi!l: Ili~iiii6 li~i;'!!I:I!iil~' .!2'1hh!~I.I;ij~l ~ ~.... ..... ...... ~ ~ M ID ~ 0, II !i! "i :5~ f, :'n ~ ~ ~ t~~ ~ ; 'III! "\11. 'Ill ~li '" ! I I ~!!li~M~ ~;! ~ \m;U hh~!;l!'I!i '" ~ ...... . . ". .... h~ :![l!llll!;~~m ~... I ! lj. -I. t:let li ,; Ii i. . 5. ~ Ii! IlIil! 'I 'il'I" '0:;",", liU 1 I"i :.,- i~~~iim!!*!!'l!~ ~~~~ ,,,,ltMl!,,,,,,..1 ! '-' "n~ ';". L\oena8 Ilem j\jo. 88 r-JoveiTlDe;- 27. 2007 Page 36 of 59 "'.llG ~. Conditions for Approval of Conditional Use CU-2003-AR.47~9 (January 15, 2004) I, This conditional use approval shall expire one (I) years from its original expiration date ofCU-200Q-12 (November 25,2005), Should the property owner wish to continue the approved use beyond the one (]) year extension, the property owner shall reapply for another conditional use or comply with applicable land development regulations at the time of expiration of this conditional use, 2. The Zoning and Land Development Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional Use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 9] -j 02) 3. Pursuant to Section 2,2,25.8.1 of the Land Development Code, if during the Course of site clearing, excavation, or other construction activities a historical or archaeological artifact is fotmd, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted, 4. Pursuant to Section 2.6.33,4,1.2 of the Land Development Code, the model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the mode}, A model home shall not include offices for builders, contractors, developers, Or similar activities, 5. A sidewalk shall be design and constructed, to the County's "Local Road" standards, along the entire frontage of this property on 13th Avenue S.W. within six months from the approval date of this request. Exhibit "e" kpenc;a item l\Jc, 88 \'D"'9mos:^ :7.20(;7 ='2gS 37 ::{ 58 RESOLUTION 20116-~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER CUE-2006.AR-9424, GRANTING A ONE-YEAR EXTENSION OF AN API'ROVED CONDITIONAL USE FOR A MOIlEL HOME AND SALES CENTER LOCATED AT 4050 l3"1! A VENUE SOUTHWEST, LOCATED WITHIN ESTATE DISTRICT "E." WHEREAS, the Legi~dalure of the Stale of Florida in ChapteT 125, Florida Statules, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and ~llch busille~s regulations as are necessary for tbe protection of the public; and 'NHEREAS, the County pursll<lnt thereto adopted a Lund Development Code (LDC) (Ordinance No. 2004-41, as amend~d), which establishes zoning regulations for the particuhlf geographic divisions of the County, ilmong ~hidl is the granting of a condilional use llno the extendillf, of the time period of an approved conditionnl use: and \VHEREAS, on Fcbru.ury 10, 2004, the Board of ZOlling Appeal-" of Collier County, Florida, enacted Resolution No. 2()04~50, nttached hereto as Exhibit "A", granting American Dream 13uilocr:s, Int:. (the "Pelillom:r"), a cOllditionul use for <l. model home and sale.~ center on property Jocated within Estate District "E", mom particularly described below; and WIlEREAS, Subsection IO.OR.E.3. of the LDC provides that "The board or zoning appeals may grant a maximum of olle onc~ycar extension or an approved conditional use upon wri(t~n request or the petitioner;" and WI IEREA5 , the Petitioner has submitted a writtcn request to extend the conditional use approved hy Rcsolution No, 2004-50. NOW. THEREFORE. BE IT RESOL \lED BY THE BOARD or ZONING APPEALS OF COLLIER COUNTY.I.LORIDA. that: 1. The wriuen request for one om~-year extension of the condition.'ll lIse for a model bome and silleS center al 4050 13th Avcnu~ Southwest, located wilhLIl the Esmte::.: District HE" and more particularly de~cribed as: All of Tract 119, Golden Gate Estates, Unit 26, according to the plat thereof recorded in Plat Book 7, Page 15 of the Public Records of Collier County, Florida, is approved pursuant 10 Suhsection IU.OS.E.3. of the LDC, and the expiration date for ResolutIon No. 2004.50, and all conditions applicable tbereto, is thereby extendcci until Pebruury 10,2007. with the following ~dditional conditions: a. Petitioner shall provirlen evidence of all ADA (Americalls with Di-"ahilities Act) accessible route from the cxi~ling or any future handicap parking space(s) to the model home ann sales center and to th~ acce.s:; rondo b. Petitioner acknowledges the probability that <lddilional right-of-way mny be required on the subject property. Page 1 of2 ExnillIT "D" Aaenda IIerr. No. 8B l~ovemDe" 27 2007 Page 38 of 59 c. A Vegetation Rem~'lVat Permit is required for <lilY land cle<lring beyond the one acre pennitt~d through the ~xii:itillg buikling permit. d. The property shall be kept free of prohibited exotic vegetation, as defined by the Collier County Land Development Code. 2_ Resolution shall be recorded in the minute;; of this Board and in the record!> or the Petition for which this extension is granted. I' This Resolution adopted after motion, second, and supel'~majority vote, this ~ d~y of .\ "'\,; . 2006. , A TIEST, DWIGHT EBRDCK, CLERK ~1hOk~~ At'..,t ....'0 'Ch~ Il"UlOfPuty Clerk ~i');';,\'';',_T''t "::'~1!" BOARD OF ZONING APPPEALS OF COLLIER COUNTY FLORIDA ?~~ By: ~ -' .r FRANK HALAS. C lA' AN A tin Jeffre Assis Fage2of2 i\genGC: ii:27T1 1\;[ 38 HcwernD2T:=-; 2007 3'" 0: Sf) RESOLUTlON NO. 06-_~06 A RESOLUTION OF THE BOARD or ZONING APPEALS TO CORRECT DATE OF FEBRUARY 10.2007 FOR CUE-2006-AR- 9424. AMEIUCAN DREAM BUILDERS, INC,'S MODEL HOME AND MODEL HOME SALES CENTER'S CONDITIONAL USE EXTENSION, TIlE CORRECT DATE HAS nEEN CHANGED TO NOVEMBER 2B. 2007, FOR THE SUBJECT PROPERTY LOCATED AT 4050 13TH AVENIlE SOUTII WEST, AT TIffi CORNER OF 13TH AVE SW AND COLLIER BLVD (CR 951), IN SECTION IS. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLOIUDA, AND BY PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Collier County Collier County Board of Zoning Appeals adopted Resolution No. 200u-188, on July 25, 2006, ami; WHEREAS, following said actiun adopting H.esolution "Nn. 2006-1&8, staff determined the datc or February 10,2007 for CUE-2006-AR~9424, American Dream Builders, Inc.'s Model flomc and Model Home Salcs Center's COllditiotul.1 Use Extensioll, attached to the Resolution did nnt contain the correct datc for the expimtioll of the conditional use for the model home and sales center at 4050 13111 Avellue South Wc~t, therefore constitutes a scrivener'!) error. NOW. TIIEIUOFORE. fJE IT ORDAINED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORmA. ti,,( SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO THE EXPIRATION DATE The expiration date us related to Resolution Number 200u~ 188, i!, hereby amended to correct il scrivener's crror hy amending said section tll read as follows: ~roa~,.--;w{):;;, No'(c.mfll~r 2& 2007 SECTION TWO: EFFECTIVE DATE fiE IT RESOLVED dlllt this Resolution relating to Petition Number SE-2006-AR-I0442 be recorded in the minutes of this Hoard. This Resolution adof,tcd after motion, second and majorlty vote. Done this d ~~/...! day of ^(~'H,,'d)(\ ' _,2006. A nEST: __ DWIGHT E. BROG:. CLERK GOARD OF ZONING APPEALS COLLIER COUNTY, FLOIUDA 2'~" ~'" . ^ . c' lu:~ UU.<&, h:: ~t 4. to GillAfUTY CLERK 11\If\1t..... 00'. "'n 1 proved <1S to form and al. Jei-Iley: BY,-~<- .~ FRANK HALAS. CHAI AN SE-2006.^R.l(l442JMnl~p Page 1 of I EXIDBIT "E" Agenaa !tem l'Jo. 86 November 27. 2007 Page 40 of 59 BV COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-11970 The following facts are found: 1. Section <text> of the Land Development Code authorizes the conditional use, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B, Ingress and egress to property and proposed structures thereon with palticular reference to automotive and pedestrian safcty and convenience, traffic flow and control, and acccss in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects ncighboring properties in relation to nOIse, glare, economIc or odor effects: No affect or Affect mitigated by <text> - - _ Affect cannot be mitigated D. Compatibility with adjacent properties and other propcrty in the district: Compatible usc within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: CHAIRMAN: EXHilllT "F" iTeiTi I\!CJ, fj3 :>,JDV-=::T,D8:- 2~' 2007 ~'aJ2 2 'i Q; 5~; FINDING OF :FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. Section <text> of the Land Development Code authorized the conditional use. 2, Granting the conditional use will not adversely affect the public interest and will A. Consistency with the Land Development Code and Growth Management Plan: Yes No B, Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safcty and convenience, traffic flow and control, and aeccss in case of fire or catastrophe: Adequate ingress & egress Y cs No C. Affects neighboring propcrtics in relation to noise, glare, economic or odor effects: No aJTect or _ Affect mitigated by <lext> _ Affect cannot be mitigated D. Compatibility with adjaecnt propcltics and other property in the district: Compatible use within district Yes No Bascd on the above findings, this conditional use should, with stipulations, (copy attachcd) (should not) bc rccommcnded for approval <text>, DATE: MEMBER: ~ BOUNDARY SURVEY p,qenda Item l\Jc. 88 Novernu8t 7. 2007 Page 42 of 59 100' ~IGHI or WA'1' COLLIER BOULEVARD (platted CR. 951) FOUND 5/e ROO NO CAP BE.NT FOUNO PERM~ -qr- REFERENCE 1 MONUMENT I .. .g .1 mfff Im~ e . I I eel I e '"'\'i)e e",~\'i) SL::- ()) L'l' 1B\'i) t """'~: ~ ~'~A~ftl.~"""'~ "I ';;1 I I I I I I I I I I I 1300.0'(M) ClMirrnU NOO'19'10"E 330.0'(P&C) ClJ-2007-AR-11970 l'roject: 2003040011 Dulc: 7/6/07 DUE: 8W07 w"' ""'Q",",SOO'19'10"W 330.0 P&M , .0 .e (9 ~ . ., . " "'e.l Tl e . ~I .0 (jj OJ -~--- ~ vi ~ u ~ "<l ~ ':i ~ :., !'o TRAcr liB ~ 0 "<l " 0 co 0- ii <0 "'t:o <0 ~ ~ 0') - i I I I If" 10 I~ I~ 1<0 I'" ENLARGED DETAIL : Ot-JE STORY RESI[}ENCE I I I ____L LEGENDI ABBREY1A llONS o Sl;{"Wl>/pm It"/CAf' "OlJ r., mo. If"'!/' AIfO {III 1~11 il mn_ ~r, liON o ""ID, I!fOtl P~I f> OCl/eN f.I"'R~' '\h"()II(RPOl.[ @ MH C ~ CAlCUL~IE(J V.. AlfA5UP,fD P - PiU, p. (J["(D ( . COJrF"R!WC D(. DRAIHACr: (ASO,lC/iT V[ ~ IHllln' EASCWfIIl Ale ~ NR COI/DHlONfO IW _ It'A ~II Jlnrl1 Ce-CATCtllM51N UN ~ UM;J/OU' I>r.p!X>lCQuIf'V[/1f COHC_CONmcrr IJIS . Ulluncs rw _ fOf' if II~I/K e rJ1lIT .. - SPffm,,~.-? H~"'O _5f!Jl/P _ .'iHl/!N1 r, =, March 9, 2006 Oole of Survey, ; ~ " . f( " TRACT 119 ~ " , . .'fJ.o' 'FOUND 15/8 ROD NO CAP TRACT 10J 7/115 SlJRVCY IS PROPARffJ rOR: AMERICAN DREAM BUILDERS. INe. LeCAL DeSCRIPTION ALL of TRACT 119, GDLDfN CMf ESTA TES, UNIT NO. 26 recorded in Plat Book 4, poge 75 of the Public Records of Corlier County, Florida. ADDRCSS OF PROPCRTY: 4050 13th A V[NU~. s. It N07'E:S: FLOOD ZONE 'X" - PANEL lZ0067 047..5 C. B(ARII>,'CS BASED ON PHYSICAL CENITRuN[ OF 13lh AVENUE S.W. AS BEING N89'40'SO'W. "- rOUNO- - - - 5/8 ROD NO CAP ::; ~ !'o o o '" <D TRACT 120 9 " , o ~ o "' o ". m <Xl Z FOUND 5!e ROD NO CAP REV: 1 ~ f-< ...... :s :tI X "" F{JenOc~ irem i~c 85 f-JovemDer 27 2007 ;:'aOE' .:; '::', Q'c Sf; GGAMP Amendments to Conditional Use "e" Petition # CPSP-2003-l0 Adopted by BCC on October 10, 2004 ,Lt.aenda Iten! I'~G. 88 tJovernber 27. 2007 Page 44 of 59 a, There shall be no adverse impacts to the native veqetation beino retained. The additional water directed tn this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existi no veaetation. b. If the proiect requires permittino bv the South Florida Water Manaqement District. the project shall provide a letter or official document from the District indlcatinq that the native veqetation within the retention area will not have to be removed to complv with water manaqement requirements, If the District cannot or will not supolv such a letter. then the native veqetation retention area shall not be used for water manaoement purposes. c. If the proiect is reviewed bv Collier Countv, the County enoineer shall provide evidence that no removal of native veoetation is necessary to facilitate the necessary storaqe of water in the water manaoement area, . Projects within the Neighborhood Center Dcoignotion Subdistrict that are submitted as PUDs s~all provide a functional public open-space component. Such public open-space shall be developed as green space within a pedestrian-accessible courtyard, as per Section 2.4.5.4 of the Collier County Land Deveiopment Code, as in effect at the time of P.U.D. approval. . The following principal pennitted uses are prohibited within Neighborhood Centers: Drinking Places (5813) and Liquor Stores (5921) Mail Order Houses (5961) Merchandizing Machine Operators (5962) Power Laundries (7211) Crematories (7261) (Does not include non-crematory Funeral Parlors) Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) NEC Recreational Shooting Ranges, Watersiides, etc. (7999) General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221). Junior Colleges (8222) Libraries (8231) Correctional Institutions (9223) Waste Management (9511) Homeless Shelters and Soup Kitchens. 4) Commercial Western Estates Inflll Subdistrict [revised text, page 31] a) Size and Location: . The Subdistrict includes a 6.23-acre parcel, iocated at the southwest corner of Vanderbilt Beach Road and Collier Boulevard (see Map.:Uj; 1m. The parcel is identified as Tracl105, Unit 2, Golden Gate Estates. 6) Conditional Uses Subdistrict, Part b [revised text, page 31.1] b) Golden Gate Parkway and Collier Boulevard Special Provisions: COnEliliclI'lal uses shall enly be perFflittee 9n Caleen GatD Parlw>ay, (JaGt of Livingston Raaa ana waGt sf Santa Elarbora ea~le\fQrd, ang an tne '.\'ost side of Collier e9\llo\lard, nerth of Groan Boulevard ana sabll~ af Vaneer~oa8A Road Extension, if the swJ;,jeGt paroel is eirectly bablAdee by mdsliAg eonditional usos on t....o (2) or more ~ide y:::m;ls, wtth no intervening rights of way sr watefV\'ays, o:cooFlt fer tho fs'lowin,,: Words struelc through are deletions; words underlined are additions 23 , ,", '::':',09nc~,~, i~8TT: i\JC 88 i~~o'J'?mb8'- 27 2007 '-'2g0 of 5f! Conditional uses (except essential services. as described in Paraqraoh a). above) shall not be permilt~d on those parcels immediatelv adiacent to the west side of Collier Boulevard within the Estates DesiGnated Area unless the parcel is directlv bounded bv conditionai uses on two (2) or more side yards with no interveninq riGhts-of-wav or waterways' RecoGnizinG the existinG residential nature of the land uses surroundinG the planned 1-75 interchanGe at Golden Gate Parkway, there shall be no further conditional uses for properties abuttinq Golden Gate Parkwav between Livinaston Road and Santa Barbara Boulevard. Further. no properties abuttinq streets accessinq Golden Gate Parkway within the above- defined seament shall be approved for conditional Uses. This provision shall not be construed to affect the area described in Paraqraph 1, below, nor shall it preclude essential services. as described in Paraaraph a) . above. 1. EsecmtlOJI ser\'icos, a~ pro>o'iEled in Paragraph OJ), a.bo~ I 1;<. In consideration of the improvements sssociated with the proposed interchange at Interstate 75 and Golden Gate Parkway. the existing conditional use (church and related facilities) located at the southeast corner of Golden Gate Parkway and 66'" Street. S.W. maybe expanded in acreage and intensity along the south side of Golden Gate Parkway botwoen to the east of 66th Street S,w. a.ne 61" Streot S.'/'I., but the total project area shall not exceed 8.2124 acres (see Map 12). AffiMion:1l1y, lho pareol l'ropoc:::cllor oxpa.ncian shall-I'm; bo subjo:::; to tho roquiromont thot it bo directly bounded on ot b:ltl two cide yarcls i:>y-BefKlilionol ueos. 23. The parcel located immediately south of the Commercial Western Estates Infill Subdistrict, on the west side of Collier Bouievard, and at the southwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard. shall be eligible for a transitional conditional use designation, ~~~~illl,ltiW'EPtron"""o~rnOnalm5e;'e-o~a!iODal2c.r.iWT,ia{w. ~~ ------.:it _ ~ . _ ~__"'--="'~... revised text, page 31.3] Temporary use (TU) permits for model homes. ora not subjeotlo tho lecation::!l criloria for OOflditional uses as defined In the Collier County Land Development Code and may be allowed anywhere within the Estates-Mixed Use District. Conditional use permits submitted for the purpose of extendinq the time period for use of the structure as a model home shall not be subject to the locational criteria of the Conditional Uses Subdistrict. and may be allowed anyWhere within the Estates-Mixed Use District. Temporary use permits for model homes shall hsve a duration of three (3) vsars from the date of approval. No subsequent issuance of a conditional use penmit shall be for a duration exceedinG two (2) vears. The total time oeriod for temporary use and conditional use pell]1its toqether shall not exceed five (5) vears. 3. AGRICLJL TURAURLJRAL DESIGNATION - RURAL SETTLEMENT AREA DISTRICT rrevised title, page 34] Rural Settlement Area District CPSP.2003-10 AxhlbttA - Bce G, Comprehensive, 03 Bce Exhibit A's Qw!10.12.1J4 Words struek threugh are deletions; words underlined are additions 24 Agend2 Item I'k. 88 I\!ovember 2"7. 2007 Page 46 0' 5S} CPSP-2003-10 BOARD OF COUNTY COMMISSION OCTOBER 26, 2004 MINUTES GGAMP AMENDMENTS TO CONDITIONAL USE "e" P,;:l~:nC12. 1leiT: No. ,38 h!~iVsiT;b8r' 27 2C!Ci7 F-'aa~' .:; c or 59 October 2'6, 2004 general reco1llinendation that staff revise the -- make revisions to the -- some of the language for c1arity purposes provided that those -- those changes were not -- didn't affect any substantive changes. Other than that, there was one change that the plamling commission included in their recommendations that was a, sOli of a last-minute item that was discovered by staff, and it deals with the twentieth bullet under the -- it's shown on page 5 of the executive sunmlary at the bottom of the page. Deals with the tlventieth bullet under the neighborhood center's subdistrict, and it's simply a clarification that when the bullet mentions residcntial propeliy, we then define residential prope1iy as prope1iy zoned E estates and without an approved conditional use. We were afraid that from a literal translation of residential zoning, there is no residential zoning tcclmically in the estates. It's all estates zoning. But we knew that the intent of this was to deal with estates zoning, so we've made that clarification. The Collier County Planning Commission did not wish to hear -- or did not wish to consider changes that were proposed by the Golden Gate Commercial Overlay Ad Hoc Committee regarding the downtown center commercial subdistrict or the Collier Boulevard commercial subdistrict. We also, however, have contained the community's reconmlendations in the staff report, which is n which is also in your packet. There were, however, five substantive changes, that upon reflection -- now, after the plmming commission meeting, staff is reconnnending to you -- and these begin on page 6 of the executive sunmlary about the middle of the page. And I can go through tllem or we can -- I can simply try to smllinarize them for you. The first one has to do with the Collier Boulevard commercial subdistrict. The -- basically the original subdistrict language allowed two stories. Staff realized that in Page 173 ,Li,genoa iIen< [\!C. 88 I\!ovembe;" 2.7, 2007 Octobet2~, '700'4 allow residential as a use in a mixed use building. So we didn't want to say there absolutely can't be residential. We believe that in celiain circumstances there could be residential, and we even believe that there could be residential -- residential alone buildings provided that certain qualifications are met. The next change is -- has to do with -- again, with continual uses in the C-l, C-2, and C-3 zoning districts. It wasn't clear whether the existing -- the transmitting language would allow conditional uses within the entire subdistrict under -- it wasn't clear whether the condi -- the language that was transmitted would allow conditional uses as allowed by the existing residential zone, and we believe from staff that it was the intent of the restudy committee to allow those, so we've made that change. And next has to do with the transmitted text, prohibited uses are those uses not permitted by right or by conditional use. Again, in the C-l, C-2, and C-3 zoning districts, and then there was an additional list of uses that were prohibited. To clarify, most ofthe uses that are prohibited are alTeady not allowed in the C-l tlTIough C-3 zoning districts, sO.we've simply eliminated some of that language. And we've -- we have eliminated the language when it refers to uses that already are not allowed by right in the C-l through C-3 zoning overlay. So we've just simply clarified that we're not changing the list of uses in C-1 through C-3. And those are the only changes that are proposed by staff, and' the only change that was proposed by the p1mmil1g conunission was to go through and make sure everything was clear and accurate. CHAIRMAN FIALA: It says here also that the CCPC specifically did not wish to consider the changes proposed by the Golden Gate Commercial Overlay Ad Hoc Committee to the downtown center conunercial subdistrict. I didn't know what that really meant. COMMISSIONER HENNING: Russell Tuff can explain it. Page 175 ile~-; 1\1:::_ 8D f'\"JvernD8;- ':_J. 2007 Octobet~u, '713tf~ neighborhood of single-family residences. In any case, those areas identified consist of older homes, most of them over 35 years old. Most of the properties are rentals -- they're not owner-occupied -- and also some apmiments. A11d they've experienced skyrocketing water rates and insurm1ce rates to the point where your average home's costing a couple thousand -- you're talking about a $70,000 home. If it was 1 cveled to the ground, it would cost the insurance company $70,000 to replace it, and it's costing over $2,000 a year to insure these residences. Additionally, the water company is charging an average of $125 a r11onth. Those two items alone, over $300 a month. It's no longer-- no longer affordable, and what's happened is it's created a tendency for owners to rent them out as boarding houses or to double up families in them, and, you know, renting out to multiple families. So single-family residences, therefore, are in namc only. And what we have is an overcrowded condition with more crime and code violations and overtaxed public services, such as code enforcement, schools, roads, trash collection, and hospitals. By -- now remember that these same people, you know, both residents and property owners in a series of public meetings, overwhelmingly suppOlied the change to create a downtown subdistrict. It addresses needs in a blighted segment of the community, we create local jobs, we create local shops and services and we reduce traffic countywide by reducing the need to drive 10 miles for services available locally. So this -- this looks like a win-win situation for everybody. I feel like I'm just missing 011e detail here. Let me just take a look at these notes real quick, make sure I got the whole of it. Okay, yeah. The overall vision, all right, which, you know, you heard it in Page 177 Acenoa 11em I'.k. 83 t~ovemDer 2'. 2007 Octobel2'6,"26'O~4 meetings with the cOlmnunity that involved direct contact with property owners as well as the neighboring propeliy owners that are affected in this process. As Peter mentioned, buffers were an extreme issue when we've had the community meetings, that it's important to them how those projects are potentially buffered. The Parkway has predominantly single-family, duplex, tri-plex activity. The 40th Terrace, Collier Boulevard areas, we're attempting to look at that because of the design coming down with the six-laning of Collier Boulevard and the redevelopment of that whole area, that in some cases, parcels may need to be put together to redevelop in a better cOlmnunity acceptable fashion. So we've reached out to the community about as intense, I think, as any conmlUnity has ever done out there to get input. I want to share with you that one of the things we did get from the community was that govel11ment was going to do what it wanted to do. And as a committee, we tried to share with the community we were not forcing anybody out in this project. We wanted to include people in the project. Potentially there's developers out there that could come in, give them the value that they're looking for today, and still make a good conununity project out there. As I said, no one -- no one is forced out. And with the glitch with the planning commission, if there's some additional action, we would ask to -- you do whatever we need to do to continue in our public fashion and carry on as a conunittee. It's unfortunate what occurred there, but we are trying to do that in a very public fashion and include everybody and do redevelopment that everybody that's okay with. Tharuc you. MS. FILSON: Your final speaker is Russell Tuff. MR. TUFF: Good aftcmoon, Connnissioners, and thanks for the opportll1lity to be here. And, yes, I spent three years with the Golden Gate master plan, and so with Don, and it was with the estates also we Page 179 'w';JenG2 item I\J:., BE 1'J:Jvernbe: 27. 20[;7 :;:,...,..,;C< ::," ,-.,!:::;o October 2"6; 2ob;r recommended or what our -- the master plan? And I also wanted that other border. MR. HEATH: There was a staff adjustment to the borders at transmittal. It was -- what you transmitted was a smaller area, if you will, than what the overlay committee is recommending. MR. TUFF: So I would like to make sure that we keep that as it was. Because as Peter said, when you drive by and you look during the day, it looks like a nice little neighborhood, and the people that live next to it say, well, maybe we could have some changes there. And so I would like to strongly reconunend that that gets kept. The other question I had, GleIm, when we were meeting is on the parking on the C, it said -- was that saying that there is no residential or was it exclusively? I know we were okay with the mixed use residential in the downtown conm1ercial area, but we weren't okay with having exclusively residential with the property. MR. HEATH: Looking at the way that the language is constructed as it was transmitted and as we received it, it doesn't appear that it actually does exclude residential. It would require the residential to meet specific requirements that are different from the residential that's in existence now. So it would not be the same units. It would be different units, and they'd have to be kind of melded into the overall mixed use subdistrict. MR. TUFF: And so since that's not clear, I would like to see us scratch that C, because I think there's a little difference of what we set up at our last meeting and what ended up on that piece of paper. And I guess I got -- any other questions on that? CHAIRMAN FIALA: No, but it sounds exciting. MR. TUFF: Yeah. It was really neat. CHAIRMAN FIALA: Yeah, it sure does. Commissioner Helming? COMMISSIONER HENNING: Don't go away. So what we're going back into is a two-block instead of one-block on the parkway -- Page 181 Agenda Item 1\10, 88 hJDvemoe' 27. 2007 Octobet2!Q '1etY4' , COMMISSIONER HENNING: Okay. Is it time to address that now or at the land development code? MR. HEATH: In the sense that the plan amendment creates an overall set of conditions, you are basically providing guidance towards the -- any future rezonulg effort, so I think that it would be appropriate -- if you wish to add some conditions or makes some changes to conditions, it would be appropriate to do it now. COMMISSIONER HENNING: Okay. Can we say no big boxes? MR. HEATH: Well, then we need to define what a big box is. MR. TUFF: And not to get confused with the 951 area either. COMMISSIONER HENNING: Right, exactly. MR. TUFF: There were lots more intensity -- COMMISSIONER HENNING: This is just a subdistrict. MR. TUFF: Downtown areas. And then also they cut that border back on Collier Boulevard, and I'd hate to see that get cut back too. So those are the two concems I had. That C that he'd mentioned, what you said on the big box for that area, I believe we could still take care of that. COMMISSIONER HENNING: Then don't go away. MR. TUFF: Don't go away, okay. MR. HEATH: It was just suggested to me by some of my fellow staff members that the way around this would be to put some sOli of a square footage limitation for individual uses within the overlay. COMMISSIONER HENNING: Okay. Well, we have some LDC amendments that our architectural people -- architectural review people are considering what is a big box and what is not. I don't lmow if you1ve seen some of those -- MR. HEATH: I have not seen those. I've heard that they were looking at it. I had not seen those specifically. I would have to defer to Mr. Weeks as to whether those could be inselied into this process. CHAIRMAN FIALA: How big is a Walgreen's? FOUlieen, five? Page 183 lIe:.: I';::, 53 :27 2007 October '16~ WDlf MR. TUFF: Thank you. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: -- Madam Chair wishes to. CHAIRMAN FIALA: I wish to close the public bearing at this time. COMMISSIONER HENNING: Make a motion to approve and putting the boundaries back the way the stakeholder committee recommends. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. Did you want to address that part about the distance from the street or is that already taken care of? COMMISSIONER HENNING: No. That's really what we want, Gleml. I believe it's putting the buildings towards the streets, and give you that same thing as 5th Avenue, where you're going to have wide sidewalks, and -- CHAIRMAN FIALA: Pedestrian-friendly downtown area. COMMISSIONER HENNING: Pedestrian-friendly. MR. HEATH: In general, ifI may, Glelm Heath witb the plmming -- comprehensive planning, In general usage among plmmers pedestrian-friendly type development would include the buildings up close to the street with visible parking either limited or completely moved to the back so that it doesn't -- it doesn't impair the pedestrian -- the safe feeling that the pedestrian isn't competing with the traffic in some way. CHAIRMAN FIALA: Is that what you want -- I think that's what you want, right? COMMISSIONER HENNING: Right. CHAIRMAN FIALA: Okay. So did you want to incorporate that into your motion, sir? COMMISSIONER HENNING: It's already in there. CHAIRMAN FIALA: Is it? COMMISSIONER HENNING: It's part of the submittal for Page 185 Agenoa Item I~c. 8B November- 27 2007 Octobet~u '2(,)0'4 , here. We're all set to go. MR. MUDD: And, again, this is the Vanderbilt Beach/Collier Boulevard cOlmnercial subdistrict, petitioner CP-2003-1, and it's the second item under 8D. And Mr. Rich Y ovanovich will represent the petitioner on this particular item. MR. YOVANOVICH: For the record, Rich Yovanovich, representing the petitioner. To be brief, this is the same information you had when you transmitted this unanimously, except for one change. Previously we could have a four-stOlY building. The planning connnission requested when we came back at the last meeting that we reduce it back to three stories, so there's a reduction in intensity that the platming conID1ission approved. They, again, unanimously reconnnended to you-all to adopt this amendment. Unless you have specific questions about it, I think your staff repOli is complete and you've seen it before, and it has received unanimous approval from the planning commissioner twice, and you . lTansmitted unanimously. CHAIRMAN FIALA: Connnissioner Helming? COMMISSIONER HENNING: I don't lmow if we have to do ex parte communication, but I talked to one of your neighbors in the . property, and they lil<:ed the proj ect. Do I have to do ex parie? MR. YOV ANOVICH: No, I don't think you need to, CHAIRMAN FIALA: Marjorie's up here. MR. YOV ANOVICH: I'm sony. MS. STUDENT: For the record, Marjorie Student, assistant county attorney. This is legislative and not quasijudicial, so there's no need to do ex patie nor swear people in. CHAIR1V1AN FIALA: Thank you. And we have no speakers? Page 187 ~AgencD 11em 1\10. 8::' :\Jnvo'~-'bo" ",7 ?OO--;' Octobe~~&;-~~ CHAIRMAN FIALA: I have a motion on the floor to approve and a second -- by Commissioner Coyle, a second by Conunissioner Helming. At that I will close the public hearing. Did -- we didn't have any speakers on this, right? MS. FILSON: No. We don't have any more speakers on 8D. CHAIRMAN FIALA: Even you, Mr. Duane. Okay. Any discussion? (No response.) CHAIR1Y1AN FIALA: AU those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMI SSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like SigIl. (No response.) CHAIRMAN FIALA: Thank you. MR. DUANE: I have the next one, too. CHAIRMAN FIALA: Great presentation. MR. MUDD: That brings us to the -- wel1, you should ask them for more. The next item is number four, petition CPSP-2003-3, petition. requesting amendment to the future land use amendment and future land use map and map series to establish Livingston and Veterans Memorial Boulevard cOllunercial infil1 subdistrict allowing cOllli11ercial unit n uses in the C-1 district with a maximum of 50,000 square feet for a plus or minus 2. -- two and a quarter acre parcel located at the southeast comer of Livingston Road north/south and Livingston Road east/west in Section 13, Township 48 south, Range 25 east. Mr. Duane? Page 189 Aaenda 11em [\lo. 88 t~ovember 27, 2007 OctoberOZ@, ~(9'(J.4l CPSP-2003-l0. That had to do with Golden Gate Area Master Plan. And that brhlgs us to item number six, which is petition CPSP-2003-11. A major portion ofthis petition all except wildlife policies, which you covered under item 8C earlier. It's petition requesting various glitch amendments consisting of tec1mical corrections, clarifications, and additional te1111inology to the future land use element conservation and coastal management element, capital improvement element, transportation element, and the Golden Gate Area Master Plan element pertaining to the rural fringe area and the ruraVeastemlands stewardship area of the future land use element. And Mr. David Weeks from comprehensive pla.J.ming will present. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Second. CJ-IAIRMAN FIALA: Okay. Do we have any speakers on this item? MS. FILSON: No, ma'am. CHAIRMAN FIALA: Okay. The public heating will be closed. Commissioner Halas has motioned to approve, and Connnissioner Coyle has seconded that. Any discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you, David. Page 191 f'-.pf:!l:Je: item i\lJ. 8S !\laVpn'DCl~- ,:,.j _ 'Jr,)G' OctobCl'::~~52~U4 MR. WEEKS: No, sir. The -- at your transmittal hearing, you voted not to transmit that. I will tell you that staff erroneously advertised for tbe plmming commission that that item would be considered, but it was not, and for your hearing today, it was not advertised. COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN FIALA: Okay. We have no speakers? MS. FILSON: No, malam. CHAIRMAN FIALA: Close the public hearing. Commissioner Halas -- it was Conul1issioner Halas, right, that motioned to approve? COMMISSIONER HALAS: Yes. And you said that the density ill the coastal high hazard area has not been addressed then in this? MR. WEEKS: That is correct, sir. COMMISSIONER HALAS: And what was the reason? MR. WEEKS: Because the board voted at transmittal hearing not to endorse the change that staff had proposed. COMMISSIONER HALAS: Okay. MR. WEEKS: You have your transmittal hearings, then, of course, today is the adoption hearing. If you vote not to transmit, you have, in effect, denied that petition. So that part of this petition is gone. It CalIDot be considered today. That -- granted it was by a split vote, but -- it was a 3-2 vote, and that's all it takes at transmittal. CHAIRMAN FIALA: Okay. Do you still motion to approve, Commissioner Halas? COMMISSIONER HALAS: Yes. CHAIRI\1AN FIALA: With the second by Conunissioner Coyle. Any further discussion? (No response.) CHATRlvIAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. Page 193 Agenaa item l\jc. 88 Oct6bO~~'gj~ 2~"rHi)~ The next item is number nine. It's CPSP-2003-l4. Itls a petition requesting amendments to the transportation element to revise the functional classification of various county and/or state roads. COMMISSIONER HENNING: So move. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. Move to approve? COMMISSIONER HENNING: Yes. CHAIRMAN FIALA: Okay. Do we have any speakers on this? MS. FILSON: No, ma'am. CHAIRMAN FIALA: Close the public hearing. I have a motion on the floor by Commissioner Henning to approve, and a second by Commissioner Coletta. AllY discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: . That's a 4-0 MR. MUDD: Yes, ma'am. Number 10, it's CPSP-2003-l5. Petition requesting phase II amendments of the Community Character/Smart Grmvth Advisory Committee to amend the future land use element, to implement the community character plan by promoting pedestlian-oriented human scale development in intercollilection of the neighborhoods and developments. MR. SWEAT: For tbe record, again, Jay Sweat, planning. COMMISSIONER HENNING: Motion to approve. COM1'vlISSIONER HALAS: Second. Page 195 ,.0,p8n::12 Its:Ti !~O 88 ::JDvemb:~. ":-; 7n07 Octooer ~\' -~4Jg CHAIRMAN FIALA: Oh, okay, fine. I just wanted to make sure that was on the record so we knew what we were voting on. Okay. Commissioner Henning? COMMISSIONER HENNING: It might be out of line for me to ask now, but when that -- the listed specie (sic) issue comes back, do you think you might have it ready so I can review which anin1al is truly on the decline? Can we get some empirical data on that from the state or the feds? MR. WEEKS: We'll attempt to. I know what Mr. Lorenz was saying before is you're either on the lists or you're not. But possibly the appropriate agencies are doing studies to consider adding -- COMMISSIONER HENNING: Fish and wildlife. MR. WEEKS: -- an animal or could take one off. So I'll pass that on to make that effort. COMMISSIONER HEJ\TNING: Just in Collier County, not -- MR. WEEKS: Yes, sir. CHAIRMAN FIALA: Okay. Now I have a motion to approve by whom? COMMISSIONER COYLE: Me. CHAIRMAN FIALA: By Commissioner Coyle. COMMISSIONER COLETTA: Second, if you need one. CHAlRMAN FIALA: Was there a second or is that Commissioner Coletta? COMMISSIONER HALAS: He'll be the second. CHAIRMAN FIALA: Okay. Commissioner Coletta is the second. MS. FILSON: I had Commissioner-- CHAIRMAN FIALA: Pardon me? MS. FILSON: I had you n never mind. CHAIRMAN FIALA: Oh, maybe I did. COMMISSIONER COLETTA: You can be the second. CHAIRMAN FIALA: I did, okay. Page 197 Agsnda Item No. Be November 27, 2007 Page 1 of 127 .~. EXECUTIVE SUMMARY PUDZ-2006-AR-I0698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LPA and Margaret Perry, AICP, of WilsonMiller, Inc., is requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property, consisting oft7.7 acres, is located on the south side ofImmokalee Road (CR 846), approximately one quarter mile west of the 1-7SlImmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs rezone and PUD findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced PUD to CPUD rezone petition and render a decision regarding the petition. CONSIDERATIONS: The proposed CPUD, if approved, will allow for retail and service uses at a rate of 7,500 square feet per gross acre; office uses at a rate of 15,000 square feet per gross acre; and hotel/motel use at a rate of26 units per gross acre. The CPUD allows for a mix ofInterchange Commerical uses that are consistent with the GMP. The project is bordered by Juliet Boulevard on the east, then a Wal-Mart superstore; on the north by Immokalee Road, then a residential component of the Carlton Lakes project; to the west by two approximately nine-acre, undeveloped agriculturally zoned tracts; and to the south by lands within Livingston Lakes PUD, a residential project. Although there are no structures on site, there are water and sewer lines on the subject tract, and a portion of Juliet Boulevard is located on the site. The CPUD document and the Master Plan indicate the project will not have access directly to Immokalee Road; access to the site will be via Juliet Boulevard. No deviations from Land Development Code (LDC) requirements have been sought. The subject property was rezoned to PUD as the Stiles PUD in Ordinance 97-74, a copy of which is included in the application materials. The Stiles PUD was originally approved in Ordinance 86-58 on August 26, 1986, and that ordinance was repealed by another PUD rezoning by the same name that became effective on December 12, 1997, The petitioner sought to extend the PUD; however, that extension request, PUDEX-2004-AR-5296, which was submitted on January 28,2004, was deemed withdrawn by statf due to inactivity on August 1,2005. The time within which to seek approval for a PUD extension has now lapsed, so the petitioner was required to submit a new rezoning application pursuant to LDC Section 10.02.] 3.D.6.e that states: ~-, Any PUD developer who has not commenced development pursuant to the sunsetting provisions set forth in section 10.02.12 of this Code within ten years of the original PUD approval date shall submit a new rezoning application. The petitioner is seeking the same uses and intensity that were approved in the Stiles PUD. Page 1 of 7 Agenda Item No. Be r<ovember 27. 2007 Page 2 of 127 Unlike most PUD to PUD rezoning petitions, a strike-thru/underline formatted document is not included because this petition is treated procedurally as if the subject property was rezoning from any conventional zoning district to PUD, The existing Stiles PUD Ordinance 97-74 is not being "amended", nor is some language being replaced with new language. Ordinance 97-74 will be repealed in its entirety if this petition is approved. However, the petitioner, as previously stated, is seeking approval of the same uses that were approved in the Stiles PUD. FISCAL IMPACT: The PUD rezone, 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 PUD amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. 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 GMP as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency 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. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. 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 IMPACT: Future Land Use Element (FLUE): The subject propel1y is designated Urban Commercial District, Interchange Activity Center Subdistrict, Activity Center #4, as identified on the Future Land Use Map (FLUM) of the GMP. It is located within the Northwest Transportation Concurrency Management Area (TCMA). The County has confirmed that the level of service criteria for the Northwest TCMA in the LDC are being met; however, the final determination of concurrency will be done during the site development plan process. The Future Land Use Element (FLUE) of the GMP provides guidelines for Interchange Activity Centers. Comprehensive Planning staff analyzed those guidelines and believes this petition can be deemed consistent with the guidelines for the Interchange Activity Center. (The complete review memo from Comprehensive Planning, dated December 4, 2006 was included as Exhibit "C" to the Collier County Planning Commission staff report.) Transportation Element: Transportation Division Planning staff has reviewed this petition's Traffic Impact Statement (TIS) included in the application back-up material and the CPUD document to ensure the CPUD document contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Page 2 of 7 Agenda Item No. Be November 27, 2007 Page 3 of 127 Element, Policies 5.1 and 9.3. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically note 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, The project was reviewed based on the current TIS guidelines and with respect to Policy 5.1 of the Collier County GMP Transportation Element. The project traffic was distributed on the adjacent roadway network and analyzed through project build-out with consideration given to the five- year planning period. The trips generated by the Gaspar Station CPUD, previously known as the Stiles PUD, are considered vested based on the project's prior contributions of right-of-way, and contributions toward the improvements to the intersection of Immokalee Road and Juliet Boulevard. The Gaspar Station CPUD can be considered consistent with Policy 5.1 of the Transportation Element of the GMP, because the trips for this project are already accounted for in the concurrency system. Although this CPUD is considered vested by Transportation Division Planning staff, the CPUD remains subject to operational analysis at the time of subsequent development order application. However, Transportation Division Planning staff finds this project to be inconsistent with GMP Transportation Element Policy 9.3 and current LDC requirements because the CPUD Master Plan does not provide an interconnection to the adjacent parcel to the west. Staff has stipulated an interconnection be provided to the abutting parcel to the west as a condition of approval. Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies 2.4.1 and 6.5.1, an Environmental Impact Statement (EIS) was provided to staff for review. In accordance with Policy 6,1.1, 25 percent of the existing native vegetation shall be retained on- site and it has been set aside as preserve areas. The requirement for an ElS pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2,1 and 6.2.2. In accordance with Policy 6.2,6, required prescrvation arcas are identified on the CPUD Master Plan. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. 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 stipulations, 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 also consistent with GMP Transportation Element Policy 5.1 as previously discussed. However the petition, as currcntly proposed, is not consistent with GMP Transportation Element Policy 9.3 which states, "The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network." The petitioner has not demonstrated that an interconnection is not feasible, but has offered the argument contained in letters from the agent dated January 8, 2007 and February 23, 2007; both letters have been included in the application packet. Staff provided an analysis of the agent's assertions as part of the zoning analysis later in this report. Page 3 of 7 Agenda Item No. Be November 27.2007 Page 4 of 127 Based upon the staff analysis provided above, staff concludes the proposed uses and density may be deemed consistent with the goals, objectives and policies of the GMP, except staff concludes the petition should be deemed inconsistent with GMP Transportation Element Policy 9.3, unless language is added to the CPUD commitments to address the interconnection, and the petitioner revises the Master Plan to show an interconnection to the west. Staff has included specific stipulations as part of the overall recommendation. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable- Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council reviewed this petition as noted below. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Commission (EAC) heard this petition on April 4, 2007, and voted unanimously to approve it with the following stipulation: The lake shape and final size will be determined at the site development plan stage; however the lake must remain adjacent to the preserve area. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on May 3, 2007; Commissioner Midney made a motion to approve the petition with the following stipulations: I. The PUD document shall be revised to include the EAC stipulation that the configuration, i.e., shape and size and the location showing the lake adjacent to preserve shall be retained; and 2. The developer must provide an interconnection to the parcel to the west; and 3. Certificates of Occupancy shall not be issued until the cloverleaf on 1-75 is open. Commissioner Strain seconded the motion. Commissioners Adelstein, Strain, Midney, Kolflat voted in favor of the motion. Those commissioners voting in support of the motion stated concerns that this project would place an undue bmden upon tbe surrounding roadway network. Commissioners Tuff, Vigliotti, Schiffer and Murray voted against the motion. Those commissioners who voted against the motion indicated that they had concerns about including the stipulation requiring 1-75 cloverleaf improvements because the developer has no control over those improvements, noting that the improvements may not be made at all. Donna Reed Caron was absent that day. The CCPC voted 4 to 4 on the motion thus there is no recommendation from the CCPC to the Board. The petitioner has not revised the PUD document to include CCPC stipulation because there was no final recommendation, Because the CCPC vote was not unanimous, this petition cannot be placed on the summary agenda, Page 4 of 7 Agenda Item No. Be November 27, 2007 Page 5 of 127 LEGAL CONSIDERATIONS: This is a site-specific rezone from the Planned Unit Development Zoning District to the Commercial Planned Unit Development Zoning District for a project known as Gaspar Station CPUD. Site-specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant for the rezone to prove that the proposed rezone is consistent with all of the criteria set forth below. The burden then shifts to the BCC, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria. Criteria for pun Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. I. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities, 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are nut to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the county attorney. 3, Consider: Conformity of the proposed PUD with the goals, objectives and policies of the GMP. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requircments, 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7, Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP? Page 5 of 7 Agenda Item No. Be November 27, 2007 Page 6 of 127 10. Will the proposed PUD rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. 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 projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safcty? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question. ..) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. 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. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.l 06, art. II], as amended. Page 6 017 Agenda Item No. 8e November 27,2007 Page 7 of 127 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the BCC shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board of County Commissioners hearing as these materials related to these criteria. RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve Petition PUDZ-2006-AR- 10698 subject to the staff recommendation that the petitioner must provide an interconnection to the property located west of the site, PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Page 7 of 7 Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No Be November 27, 2007 Page 8 of 127 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8C This Item continued from the June 12, 2007 and October 23, 2007 Bee meetings This item requires that all participants be sworn in and ex parte disclosure be prOVided by CommiSSion members PUDZ-2006.AR,,10698 A Gro\'er Matheney, Trustee, represent'Od by R Bruce Anderson esquire, oj Roetzel & AndresS, I_PA and Margaret Perry, AICP, ofVVilsonMiller, Inc, is requesting a rezone tram Planned Unit Development (PUO) to CommerCial Planned Unit Development (CPUD) tor a project to be known as the Gaspar Station PUD The subject property, conSisting of 17 7 acres, is located on the south side of Immokalee Road (eR 846), approximately one quarter mile west at the 1-75/lmmokalee Road interchange in Section 30, Township 48 South, Range 26 East, Collier Count~, Florida 11/27/::'0079:0000A.M Principal Planner D,,. Prepared By Kay Deselem, AICP Community [fflvelopment & Environmental Services Zoning 8. Land Development Review 5121i20078:46:03AM Approved By Chief Planner DM' Ray Bellows Community Development & Environmental Services Zoning & Land Development Review 111S!20073:44PM Date Approved By JudyPuig Community Development &. Environmental Services Operations Analyst Community Development & Envlronmenta!SerlficesAdmin 11/9120073:47 PM Norm E Feder, AICP lranr,portlltion Olvislon Admmlstrator Dllte ApprovcdRy Tral1sportationSOfvlces Tr~nsportattonServlce&..dmin, 11!13i200711:1BAM Approved By MarleneSlewart Community Development & Environment~1 Service" Execut;veSecretMy Date Community Develaml1ent & Environmentll~ Services Admin 11/14f2007'U2AM Date Approved By Susan Murray,AIC? Community Development & Environmental Services Zoning & Land Development Diroctor Zoning & Land Developmenl Review 1111412007 HI:13 AM Approved By Date Marjorie M. Student-Stirlmg Assistant County Attorney 11114i20071:1f,PM Approved By County Attomey COWlty At\orney Offic:o NickCaslllanguida MPODiredor Date TranspartationServiceti Tral15port<ltionPlanning 11114120073:45 PM Approved By JosephK. Schmitt Community Development & Environmental Services C<>mmunity ()(Jvalopment & Environmental Services Adminstrator Date Community Development & Env;ronmentaIServicesAdmin. 11114120077:44 PM Applications Analyst D~, ApprO\ledBy OMBCoordinator AdministrlltiveServicos Information Technotogy 11!15120073:38PM Marll"lr,(lcK\To(1 Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 11115!20D74:4DPM ApprovcdBy James-V. Mudd 8oardofCounty Commissioners. County Mllnager Date County Manager's Office 1m61200711:24AM fil~'I/("\A (rf';nclHTe:"t\Fxn(lrt\Q~~ NmfPmhe:,.o/;:"?n77 OJ,,?()?()()7\()R %?()A 1 )VFRTTSFn% ?np l1nnnnm Agenda Item No. 8e November 27, 2007 Page 9 of 127 SUPPLEMENT AL EXECUTIVE SUMMARY PUDZ-2006-AR-I0698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LP A and Margaret Perry, AICP, of WilsonMiller, Inc., is requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property, consisting of 17.7 acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1-7SlImmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida PROJECT STATUS: This petition was scheduled to be heard by the Board of County Commissioners (BCC) on June 12,2007. The Executive Summary that was prepared for that hearing has been included in the information provided for this hearing. On June II, 2007, the petitioner's agent submitted a continuance request to allow additional time to negotiate late-arising transportation issues (copy attached). The Board continued the petition to October 23, 2007 as requested by the agent. On October 9, 2007, the petitioner's agent requested another continuance to allow this petition to be heard on November 27, 2007 instead of October 23, 2007, citing the need for additional time to resolve the outstanding transportation issues regarding 1-75 and Immokalee Road intersection improvements to ensure that adjacent roadway links will operate at an acceptable Level of Service (LOS) within the five- year planning period. The Metropolitan Planning Organization (MPO) discussed this issue on November 2, 2007. SUPPLEMENTAL ANALYSIS: As noted in the Executive Summary prepared for June 12, 2007, the provision of an interconnection to the property to the west was an unresolved issue between the petitioner and staff. Staff was recommending approval of the petition only if the petitioner provided an interconnection, however the petitioner did not accept that stipulation and it seemed that the issue would have ultimately been discussed and resolved at the Board hearing on June 12,2007. The applicant's agent and County staff agreed upon a stipulation to require the interconnection. The PUD document has been revised (dated August 27,2007) to include this stipulation as PUD Section 5.2..!. A copy of the revised PUD has been included in the information for the Board's consideration. As noted above, the most recent issue delaying this project's Board hearing is the status of the 1- 75/1mmokalee Road intersection improvements. Final agreement has not been reached between Collier County and the Florida Department of Transportation (FDOT), However, on November 2, 2007, the MPO approved a plan for an eight-lane diamond design with Immokalee Road to pass under 1-75. This tentative plan will most likely be presented to the BCC for final resolution within the next month or so. Until the improvements to Immokalee Road are made as part of the 1-75 project the adjacent roadway links may fail. Such failure could result in a denial recommendation from Transportation Division staff based upon a finding of inconsistency with the Growth Management Plan (GMP) Transportation Element Policy 5.1 because the adjacent links would fall below the adopted acceptable LOS standard in the five- year planning period. Page 1 of 2 Agenda Item No. 8e November 27, 2007 Page 10 of 127 Transportation Division staff however has determined that should the BCC wish to approve this petition, stipulations can be added to address GMP Transportation Element 5.1, believing that the issue is one of timing. If the project's roadway impacts are delayed so that the project does not add trips to the deficient roadway links, then the petition would be consistent with Policy 5.1 and Transportation Division staff could support the petition. Therefore Transportation Division staff has offered the following stipulation to address this issue: The County shall not issue any Certificate of Occupancy or Tempormy Certificate of Occupancy for any portion of this project until the 1-75/Immokalee Road intersection improvements thru lanes are substantially complete and open. The petitioner's agent has been made aware of this stipulation but has not agreed to accept it, citing the fact that the petitioner is out of the country at this time. Staff anticipates a response from the petitioner will be provided at the BCC hearing on November 27,2007. RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve Petition PUDZ-2006-AR-I0698 subject to the conditions of approval that have been incorporated in the Ordinance of Adoption and the following stipulation to ensure consistency with GMP Transportation Element 5.1: The County shall not issue any Certificate of Occupancy or Tempormy Certificate of Occupancy jilr any portion of this project until the 1-75/Immokalee Road intersection improvements thru lanes are substantially complete and open. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Page 2 of 2 SUPPLEMENT AL EXECUTIVE SUMMARY Agenda Item No. 8e November 27, 2007 Page 11 of 127 PUDZ-2006-AR-I0698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LPA and Margaret Perry, AICP, of Wilson Miller, Inc., is requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property, consisting of 17.7 acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1-7SlImmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. PROJECT STATUS: This petition was scheduled to be heard by the Board of County Commissioners (BCC) on June 12,2007. The Executive Summary that was prepared for that hearing has been included in the information provided for this hearing. On June 11, 2007, the petitioner's agent submitted a continuance request to allow additional time to negotiate late-arising transportation issues (copy attached). The Board continued the petition to October 23, 2007 as requested by the agent. SUPPLEMENTAL ANALYSIS: As noted in the Executive Summary prepared for June 12,2007, the provision of an interconnection to the property to the west was an unresolved issue between the petitioner and staff. Staff was recommending approval of the petition only if the petitioner provided an interconnection, however the petitioner did not accept that stipulation and it seemed that the issue would have ultimately been discussed and resolved at the Board hearing on June 12, 2007. The applicant's agent and County staff agreed upon a stipulation to require the interconnection. The PUD document has been revised (dated August 27,2007) to include this stipulation as PUD Section 5.2.1, A copy of the revised PUD has been included in the information forthe Board's consideration. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-2006-AR-10698 subject to the conditions of approval that have been incorporated in the Ordinance of Adoption. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Page 1 of 1 Agenda Item No. Be November 27, 2007 Page 12 of 127 Co~r County '--- """"'-- -- - FROM: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 3, 2007 SUBJECT: PUDZ-2007-AR-I0698; GASPAR STATION COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) PROPERTY OWNER/AGENT: APPLICANT: AGENTS: A. Grover Matheney, trustee 2351 SW 37th Ave, Apt 11112 Miami, FL 33145 R, Bruce Anderson, esquire Roetzel & Andress, L.P.A. 850 Park Shore Drive, 3'd Floor Naples, FL 34103 Margaret Perry, AICP WilsonMiller 3200 Bailey Lane, Suite 200 Naples, FL 34105 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject site from the Stiles Planned Unit Development (PUD) to a new Commercial Planned Unit Development (CPUD) to be known as the Gaspar Station CPUD. GEOGRAPHIC LOCATION: The subject property, consisting of 17,7", acres, is located on the south side ofImmokalee Road (CR 846), approximately one quarter mile west of the I-75/Immokalee Road interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, (See location map on a following page) PURPOSEIDESCRIPTION OF PROJECT: The proposed CPUD, if approved, will allow for retail and service uses at a rate of 7,500 square feet per gross acre; office uses at a rate of 15,000 square feet per gross acre; and hotel/motel use at a rate of 26 units per gross acre. The CPUD allows for a mix of Interchange Commerical uses that is consistent with the Growth Management Plan (GMP). The project is bordered by Juliet Boulevard on the east, then a Wal-Mart superstore; on the north by Immokalee Road, then a residential component of the Carlton Lakes project; to the west by two approximately nine-acre, undeveloped agriculturally zoned tracts; and to the south by lands within Livingston Lakes PUD, a residential project. Although there are no structures on site, there are water and sewer lines on the subject tract, and a portion of Juliet Boulevard is located on the site. The CPUD document and the Master Plan indicate the project will not have access directly to Immokalee Road; Gaspar Station PUD, PUDZ-2006-AR-1 0698 Staff Report May 3. 2007 CCPC Page 1 of 12 Aaenda Item No. 8e November 27, 2007 Page 13 of 127 access to the site will be via Juliet Boulevard. No deviations from Land Development Code (LDC) requirements have been sought. The subject property was rezoned to PUD as the Stiles PUD in Ordinance 97-74, a copy of which is included in the application materials. The Stiles PUD was originally approved in Ordinance 86-58 on August 26, 1986, and that ordinance was repealed by another PUD rezoning by the same name that became effective on December 12, 1997. The petitioner sought to extend the PUD; however, that extension request, PUDEX-2004-AR-5296, which was submitted on January 28, 2004, was deemed withdrawn by staff due to inactivity on August I, 2005. The time within which to seek approval for a PUD extension has now lapsed, so the petitioner was required to submit a new rezoning application pursuant to LDC Section I 0.02. 13,D.6.e that states: Any PUD developer who has not commenced development pursuant to the sunsetting provisions set forth in section 10.02.12 of this Code within ten years of the original PUD approval date shall submit a new rezoning application. The petitioner is seeking the same uses and intensity that were approved in the Stiles PUD. Unlike most PUD to PUD rezoning petitions, a strike-thrulunderline formatted document is not included because this petition is treated procedurally as if the subject property was rezoning from any conventional zoning district to PUD. The existing Stiles PUD ordinance (97-74) is not being "amended", nor is some language being replaced with new language. Ordinance 97-74 will be repealed in its entirety if this petition is approved, However. the petitioner, as previously stated, is seeking approval of the same uses that were approved in the Stiles PUD. ~. =1'" 1" ::)1' t, .f:!' '-, '~, .,......". 1=...:.."".....'..... ......." -'.-~.' , ~ ::\r!,' Aerial Photo (subject property outline is approximate) Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Page 2 of 12 Agenda Item No. Be November 27. 2007 Page 14 of 127 SURROUNDING LAND USE AND ZONING: North: Immokalee Road, then Lakeview at Carlton Lakes, a developed, residential, multi-family project approved at a density of 3.35 units per acre within the residential portion of Carlton Lakes PUD, with a PUD zoning designation East: Juliet Boulevard, then Wal-Mart superstore, part of the Donovan Center PUD, with a PUD zoning designation South: A portion of the developing Livingston Lakes PUD, a residential, multi-family project approved at 7 units per acre, with a zoning designation of PUD West: two undeveloped, approximately nine-acre tracts (both controlled by the same entity) with an Agricultural zoning designation GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict, Activity Center #4, as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). It is located within the Northwest Transportation Concurrency Management Area (TCMA). The County has confirmed that the level of service criteria for the Northwest TCMA in the LDC are being met; however, the fmal determination of concurrency will be done during the site development plan process. The Future Land Use Element (FLUE) of the GMP provides guidelines for Interchange Activity Centers. Comprehensive Planning staff analyzed those guidelines and believes this petition can be deemed consistent with the guidelines for Interchange Activity. (The complete review memo from Comprehensive Planning, dated December 4, 2006 is included as Exhibit "e." Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) included in the application back-up material and the CPUD document to ensure the CPUD document contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element, Policies 5.1 and 9.3. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically note that the County should not approve any request that significantJy 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. The project was reviewed based on the current TIS guidelines and with respect to Policy 5. I of the Collier County GMP Transportation Element. The project traffic was distributed on the adjacent roadway network and analyzed through project build-out with consideration given to the five-year planning period. The trips generated by the Gaspar Station CPUD, previously known as the Stiles PUD, are considered vested based on the project's prior contributions of right-of-way, and contributions toward the improvements to the intersection of Immokalee Road and Juliet Boulevard. The Gaspar Station CPUD can be considered consistent with Policy 5,J of the Transportation Element of the GMP, because the Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report May 3. 2007 eepe Page 3 of 12 Agenda Item No. Be November 27,2007 Page 15 of 127 trips for this project are already accounted for in the concurrency system, Although this CPUD is considered vested by Transportation Planning staff, the CPUD remains subject to operational analysis at the time of subsequent development order application. However, Transportation Planning staff finds this project to be inconsistent with OMP Transportation Element Policy 9.3 and current LDC requirements because the CPUD Master Plan does not provide an interconnection to the adjacent parcel to the west. Staff has stipulated an interconnection be provided to the abutting parcel to the west as a condition of approval. Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies 2.4.1 and 6.5.1, an Environmental Impact Statement (EIS) was provided to staff for review. In accordance with Policy 6.1.1, 25 percent of the existing native vegetation shall be retained on-site and it has been set aside as preserve areas. The requirement for an EIS pursuant to Policy 6, 1 ,8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2. 1 and 6.2,2, In accordance with Policy 6.2,6, required preservation areas are identified on the CPUD Master Plan, GMP Conclusion: The OMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall OMP as part of the recommendation for approval, approval with stipulations, 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 OMP discussion. The proposed rezone is also consistent with OMP Transportation Element Policy 5.1 as previously discussed. However the petition, as currently proposed, is not consistent with OMP Transportation Element Policy 9.3 which states, 'The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network." The petitioner has not demonstrated that an interconnection is not feasible, but has offered the argument contained in letters from the agent dated January 8, 2007 and February 23, 2007; both letters have been included in the application packet. Staff provided an analysis of the agent's assertions as part of the zoning analysis later in this report. Based upon the staff analysis provided above, staff concludes the proposed uses and density may be deemed consistent with the goals, objectives and policies of the OMP, except staff concludes the petition should be deemed inconsistent with OMP Transportation Element Policy 9.3, unless language is added to the CPUD commitments to address the interconnection, and petitioner revises the Master Plan to show an interconnection to the west. Staff has included specific stipulations as part of the overall recommendation. 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 Sections 10,02,13 and 1 0.02,13.B.5 of 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 Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Page 4 of 12 Agsnda Item No. 8e November 27, 2007 Page 16 of 127 for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staffreport (See Exhibits "A" and "B"), Environmental Review: Environmental Services staff has reviewed the petition and the CPUD document to address any environmental concerns. The subject property consists of approximately 17.7 acres of which approximately 16,3 acres contains native vegetation. The Juliet Boulevard easement accounts for approximately 1.4 acres, leaving 16.3 acres of developable property. Wetland areas consist of 0.4 acres of Cypress-Pine-Cabbage Palm, of which exotic vegetation comprise 25 to 49 percent (FLUCFCS 624E2), There are approximately 14.25 acres of Pine Flatwoods with Palmetto Understory, 0.70 acres Pine Flatwoods with Graminoid Understory, (Exotics 25 to 49 percent), and 0.40 acres of Cypress-Pine-Cabbage Palm (Exotics 25 to 49 percent). Fifteen percent of native vegetation on the site must be preserved. Therefore, approximately 2.4 acres of native vegetation are required to be preserved on the site: (16.3 x .15 = 2.4). The preserve will connect to the Livingston Woods POO preserve to the south. There are approximately 0.4 acres of SFWMD jurisdictional wetlands on the site. The SFWMD performed an informal wetland determination on August 9, 2002. Wetlands on the site are low quality in function and are proposed for impacts by the proposed development. The presence of Immokalee Road and associated canal, 1-75 and surrounding development has altered the hydrology of the site. The wetlands have also been impacted by varying levels of exotic plant infestation of primarily melaleuca and Brazilian pepper. Evidence of wildlife utilization on the site was minimal during site inspections. The site is not currently inhabited or utilized by endangered or threatened species or by species of special concern. There is a potential for the Big Cypress fox squirrel and the Eastern Indigo snake to utilize the site. A Big Cypress fox squirrel management plan and an Eastern indigo snake management plan have been prepared and are included in the EIS, This petition was heard by the Environmental Advisory Council (EAC) on April 4, 2007, The recommendation from the EAC is provided later in this report. The staff report prepared by Environmental staff to that body is attached as Exhibit D, Transportation Review: Transportation Department staff has reviewed the petition and the CPUD document and Master Plan for right-of-way and access issues. As noted in the GMP analysis, Transportation Planning staff recommends that this project be found inconsistent with the GMP unless an interconnection to the west is provided. The Board of County Commissioners, in other petitions located proximate to the Immokalee RoadlI-75 interchange, has asked to be provided with a status report of that interchange improvement time table. At this time, no firm date for the completion of planned 1-75 interchange improvements has been provided to County Transportation Planning staff. Interchange improvements are incorporated into the widening ofI-75, and the budget and timeline for the project are controlled by Florida Department of Transportation (FDOT). Utility Review: This project is located within the Collier County Water-Sewer District Boundary. Any portions of this CPUD to be developed would be required to comply with Ordinance 2004-31, as it may be amended. The project is subj ect to the conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division at the time SDP. According to Collier County Gaspar Station PUD. PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Page 5 of 12 Agenda Item No. Be November 27,2007 Page 17 of 127 Graphic Information System (GIS) information, a 20-inch water transmission main is located along Immokalee Road, as is a 20-inch sewer transmission main. Emerzencv Manazement: The Emergency Management Department has no issues with this CPUD. The Gaspar Station CPUD is located in a CAT 3 hurricane surge zone and requires evacuation during some hurricane events. Zoning Review: As illustrated in the aerial photograph located on a previous page 0 f the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, the site is bordered by Juliet Boulevard on the east, then a Wal-Mart superstore; on the north by Immokalee Road, then a residential component of the Carlton Lakes project; to the west by two, approximately nine-acre, undeveloped agriculturally zoned tracts controlled by one owner; and to the south by lands within Livingston Lakes PUD, a residential project. The project's location within the GMP FLUE/FLUM Urban Commercial District, Interchange Activity Center Subdistrict, Activity Center #4 allows "the full array of commercial uses, residential and non- residential uses, institutional uses, hotel/motel uses . . , and industrial uses [limited] . ,. in the southwest quadrant. . . of Interchange Activity Center #4." Mixed Use Activity Centers, (a category that includes Interchange Activity Centers) are ". . . designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community." Commerical uses at this site are appropriate. Given the smaller size of the parccl, the development intensity will be limited to some extent by LDC requirements such as water management, parking, open space/preserve and buffering requirements. However, an interconnection to the west is an integral element to the Activity Center's smooth operation. As noted above, Activity Centers were established "to avoid strip and disorganized patterns." Activity Centers are designed to provide commercial services to support the surrounding residential areas, which should occur with the proposed CPUD. The residential projects along the south side of Immokalee Road could benefit from the proximity of the commercial services this CPUD will provide, and those residential projects should be afforded the safest access to the site, which, in staffs opinion, would be an interconnection to the west. Zoning staff believes the interconnection to the west should be provided on the Master Plan in compliance with LDC Section 4.07.02 J.4--Design Standards for Planning Unit Developments, which states: The interconnection of collector and local streets within the PUD to adjacent lands or developments shall be required except where determined by the County Manager or designee that an interconnection is not feasible or warranted due to existing development patterns, transportation network needs, or the like. At the zoning stage, a notation on the Master Plan and a commitment in the CPUD document are all that needs to be provided, The actual configuration or location of the interconnection need not be determined. It is important to maintain the integrity and capacity of Immokalee Road by combining access points and directing traffic to signals when possible. If the Gaspar Station project provides an interconnection to the west, the traffic from the westerly tract could then access the signal at Juliet/Strand Boulevard and Immokalee Road as shown on the next page. Gaspar Station PUD, PUDZ-2006-AR-1 0698 Staff Report May 3, 2007 CCPC Page 6 of 12 Agenda Item No. 8e November 27, 2007 Page 18 of 127 Currently there are two, approximately nine-acre tracts under common ownership located to the west of the Gaspar Station CPUD. The parcels are zoned Agricultural, however given the parcels' Urban Residential FLUM designation, it is not likely that agricultural uses will be pursued in the future. In all likelihood, the tracts will be the subject of a rezoning to either RPUD or a conventional residential zoning district. The parcels on the west of the two nine acre tracts are already zoned and developed with multi-family dwelling units in the Eboli PUD (Ordinance 97-23) at a density of8.92 units per acre and the April Circle PUD (Ordinance 89-76) at a density of 12.84 units per acre. Thus it is reasonable to assume that the two, nine-acre tracts will ultimately seek rezoning to allow similar uses, The Eboli PUD was required to provide an access easement along the Immokalee Road frontage for the nine-acre parcel to the east of the Eboli PUD. A copy of the Master Plan for Eboli PUD is attached as Exhibit "E." The access easement has been recorded and is provided as Exhibit "F." That nine-acre tract is the westernmost half of the two, nine-acre tracts abutting the Gaspar Station CPUD. The aerial photo on the previous page shows the Eboli PUD interconnection. The aerial photo shows how the interconnections through the two, rune-acre tracts could interconnect through the Gaspar Station CPUD to gain access to the traffic signal at Juliet Boulevard. Staff believes it is more appropriate to provide residents living along the south side of Immokalee Road between this project and Livingston Road an opportunity to access the commercial uses within the Gaspar Station project without requiring vehicles to go onto Immokalee Road only to make a right turn within a short distance. Vehicles accessing Immokalee Road then immediately turning right could cause confusion for drivers of following vehicles as such a quick turn again might be unexpected. A westerly interconnection would be safer and preserve the traffic volume on Immokalee Road for longer destination trips. The petitioner's letters (cited previously and included in the application materials) contend that, "The comprehensive plan guidance that encourages interconnections (of local streets) has already been accomplished through the joint participation of four PUD developments." Staff assumes the reference made is related to the interconnections shown on the Master Plan for the Donovan Center PUD and the Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report May 3. 2007 eepe Page 7 of 12 Agenda Item No. 8e November 27. 2007 Page 19 of 127 Livingston Lakes PUD for Juliet Boulevard. While staff understands the petitioner's position, the fact that interconnections have been provided to the east do not obviate the need to provide interconnections to the west. The petitioner also asserts that an interconnection to the west should not be provided because it " would be financially and functionally damaging to the site plan, in that land would be lost to the reservation of a roadway R/W (whether ever built or not) that would otherwise be available for the intended use. The site has already lost valuable land as a direct result of the expansion of lmmokalee Road (twice) and to the joint access roadway." The participation in access improvements to serve this project and the neighboring projects were development commitments agreed to by the petitioner as part of the Stiles PUD rezoning (See Ordinance 97-74, Section PUD 4.6). That PUD was not developed within the time allotted; therefore, Immokalee Road has been widened twice since that PUD was approved in 1997. Furthermore, the petitioner did not develop the Stiles PUD within the timeframe allotted in the LDC, thus that PUD sunsetted, Because the project's approval date exceeded 10 years, (the Stiles PUD was originally rezoned to PUD in Ordinance 86-58). The project was required to submit an entirely new rezoning petition, thence subjecting the project to further scrutiny in 'compliance with today' s regulations. Ordinance 86-58 also included development commitments and project descriptions indicating (PUD Section 4.01.C.2) "The developer (of the Stiles PUD) would make fair contributions toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County Engineer." The PUD language "highly recommended" that the developer provide an extension of the median opening on Immokalee Road serving Regency Village, which is now known as the Pelican Strand PUD. In Section 4.01.E of Ordinance 86-58, the following is stated: "To comply with the intent of the Comprehensive Plan, the petitioner agrees to meet the following criteria: . . . 2) To provide an integrated site plan which provides for integrated development of the parcel and its relationship to surrounding land.. . .." In staffs opinion, it is inappropriate for the petitioner to argue that previous commitments obviate the need to comply with current standards, The petitioner has recorded a docwnent entitled, "Declaration of Covenants, Conditions, Easements and Restrictions" has been recorded in the official records of Collier County that states: "Southern Strand Boulevard [now known as Juliet Boulevard] shall remain private and shall not be dedicated to public use. Use of Southern Strand Boulevard shall be limited to use by the Stiles PUD, Donovan PUD and Breezewood PUD, and Southern Strand Blvd, shall not interconnect, either directly or indirectly to any external road other than Immokalee Road." The applicant asserts that he therefore, cannot interconnect to the property to the west because to do so would be in violation of the declaration. Staff believes it is appropriate to require the interconnection to the west and has included that as a stipulation of approval, recommending that the project be deemed inconsistent with the GMP and not in compliance with the LDC unless the interconnection is provided. Staff does not believe the petitioner has proven "that an interconnection is not .feasible or warranted due to existing development pattems, transportation network needs" in compliance with LDC Section 4.07.02 J.4--Design Standards for Planning Unit Developments. The development standards contained in Section III of the CPUD document reflect a design approach similar to what was approved in 1997, except the petitioner has added setbacks to the preserve areas and showed the location of the preserves on the Master Plan. Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Page 8 of 12 Agenda Item No. Be November 27,2007 Page 20 of 127 FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Zoning and Land Development Review staff reviews for compliance with this requirement as part of the review of the petition in its entirety. The typical compatibility analysis would include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc,), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. The adjacent tract to the east is developed as a Wal-Mart superstore; the parcel to the south (outside the Interchange Activity Center) is developing with residential uses (Livingston Lakes PUD); the parcels to the west, as noted above are agriculturally zoned and undeveloped at this time but within an Urban GMP FLUM designation; to the north is Immokalee Road and then residential uses within two PUD- zoned projects. The preserve area shown on the Master Plan for Gaspar Station will "buffer" the commercial uses of Gaspar Station from the residential uses within Livingston Lakes PUD. The preserve area has been shown at this location to coincide with the preserve area provided on the Livingston Lakes PUD. The Stiles PUD preserve area location was a disputed issue during the review of an application to extend the PUD (PUDEX-2004-AR-5296). Staff advised the petitioner's agent that staff would not support a request for an extension, believing that an extension would not be appropriate because the PUD and its Master Plan would not be in compliance with LDC Section 10.02.13,D.6.b.i. and ii. that state: Approval of an extension shall be based on the following: i. The PUD and the master plan is consistent with the current growth management plan including, but not limited to, density, intensity and concurrency requirements; ii. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning;. Current environmental standards would require the preserve areas to be depicted on the Master Plan. Such was not case when the PUD was approved. Additionally, the Master Plan approved with Ordinance 97-74 indicated that the land to the south was zoned agriculturally and was undeveloped. Livingston Lakes PUD was rezoned from that agricultural zoning district to PUD in Ordinance 99-18 on February 23,1999 to allow for a maximum of 327 multifamily dwelling units, Staff was concerned about the compatibility of the two projects. Additionally, Livingston Lakes PUD Master Plan shows a preserve area abutting the Stiles PUD. Current LDC standards require preservation areas to be set aside in a contiguous fashion when possible. The Stiles PUD Master Plan did not accommodate that standard. That PUD extension request was deemed withdrawn by staff due to inactivity, The Master Plan, showing the required preserve area contiguous to the preserve area of the Livingston Lakes PUD, resolves staffs concerns about the residential and commercial incompatibility. Therefore, staff believes the proposed use is compatible with the neighborhood and thus consistent with GMP Policy 5.4, NEIGHBORHOOD INFORMATION MEETING (NIM): The agentJapplicant duly noticed and held the required NIM on January 31, 2007 at the North Naples Regional Park, Room A-3 at 5:30 p.m. The applicant's team and county staff were present and Gaspar Station PUD. PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Page 9 of 12 Agenda Item No. Be November 27, 2007 Page 21 of 127 initially, one person from the public attended. At approximately 5:50 p.m., two neighboring property owners who identified themselves as "Strand" residents, walked in and began to comment and ask questions of the agent(s), saying "You're ruining our property values. We don't want Target, we don't want Wal-Mart, we don't want a Burger King; we don't want a gas station", Mrs, Rochelle Dowling said she "opposes more commercial" and another comment was made, "More commercial will add to the failing of ImmokaJee Road". Another resident asked questions relative to traffic impacts and planning for the Wal-Mart store, to which Jeff Perry responded, "(there is) no substantial change to traffic impacts as it relates to this petition", Project planner for the county, Kay Deselem, invited the neighboring property owners to her office to discuss the transportation (traffic) review on the petition, It was also stated by Mr. Perry that the current operating level oflmmokalee Road is at "D". Mr. Bruce Anderson said that there are "no changes to the permitted use(s) in the PUD and development standards will be brought up to current county codes". It was also stated that "no retail building would be more than 35 feet in height" and there is a "60 feet height limitation on hotel uses". After further conversation, a neighboring property owners said, "I'm not opposed to a nice upscale restaurant or office building. Please be sensitive to beauty, to enhance the appearance of North Naples." Several comments were also made regarding the need for children's playgrounds in developments. Ms. Deselem explained that "playgrounds" are not required by county code in individual developments. Mr, Craig Timmons, identifying himself as a realtor representing the land owner, responded to a question regarding tenants by saying, "there are no leases at this time", The meeting concluded at approximately 7:00 p.m. Synopsis provided by Linda Bedtelyon, Community Planning Coordinator ENVIRONMENTAL ADVISORY COUNCIL lEAn RECOMMENDATION: The Environmental Advisory Commission (EAC) heard this petition on April 4, 2007, and voted unanimously to approve it with the following stipulation: The lake shape and final size will be determined at the site development plan stage; however the lake must remain adjacent to the preserve area. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-2006-AR-10698 to the Board of County Commissioners (BCC) with a recommendation of approval of the rezoning request subject to the following stipulations: 1. The petitioner must revise the Master Plan to show an interconnection to the lvest will be provided; and 2. The following lang1wge shall be inserted into the developer commitments section of the PUD document: This project shall provide an interconnection to the west. The developer or assigns of this project shall ensure that the interconnection can be utilized and, furthermore, the developer shall accommodate the pe/petual use of such access by incOIporating appropriate language into the development covenants or plats. The final configuration and location of the interconnection shall be determined by Collier County Transportation staff prior to the issuance of any development approval on this site, Gaspar Station PUD. PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Page 10 of 12 Agenda Item No. Be November 27, 2007 Page 22 of 127 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAYMOND V, BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the June 12, 2006 Board of County Commissioners Meeting Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report May 3. 2007 CCPC Page 110112 COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Exhibits: A. Rezone Findings B. PUD Findings C. Comprehensive Planning Memo, dated December 4, 2006 D. EAC Staff Report E. Eboli PUD Master Plan F. Access Easement Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Agenda Item No. Be November 27, 2007 Page 23 of 127 DATE Page 12 of 12 u"-"- QL- 3I.....J.QGIJ{I ~I COON - ~~ a gl ,......,\J~ .$ ill ill .., -..00> ",~ro -0"0- J cO) QJ> 0 gz ~I a.. <C ~ C> " . Z - Z .) 0 N i " a:1 , . e ~ '" '" '" ~ I '" 0 ~.i ~ ~ ' " " . , c:: , ' g i < ~ ' , " z I ~l '" 0 """ """",,0 0 '" N -~= / I:- Cl ::l a. .. 1,1 I II ~ z IE" j. l i~'i 0 'i~[] ~ . B, !:: 1- . " . ~ ' ;! <Ii! . 'i .... I I UJ a. -~- ~ I! ! ! ~ z co tz i, i. I a.. 0 ~~ ~ . I . Ii u ~i wQ ~~; f;li~ ;i. ~- ,!< I I i <C w 00 I~ w g:g ~ ~ --' ~~ lI."1IJ.VlJIlBlM IL";;UVlmBIJlJ ~ Z Iii . I~ B. 0 !i- " ~; . ! ~E ~ - I- <C Ii II () ng. II 0 " .....J !l i ! Is I '~ ~!~ ~ i I - ~!P i~ ~ 4 I !l ..... - ,~"" --"'--'-"~-- , .._,----,- ..~~.., ~_."".,.....__."_.-...- '..._~.__._._-- --~--- Agenda Item No. Be November 27, 2007 Page 25 of 127 Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Chapter IO,03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners 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, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff report) of the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP if staffs stipulations are incorporated into the approval recommendation. Con: If staffs recommended stipulations are not included, traffic circulation on Immokalee Road could be unnecessarily compromised. Findings: Based upon staffs recommendation with stipulations, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies ofthe GMP, 2. The existing land use pattern. Pro: The explanation of the request in the staff report and the location and zoning map that is attached to the staffreport show the proposed rezoning is a reiteration of two previous rezoning approvals for the same parcel to allow the same uses. Con: None. Finding: Staff believes the proposed rezone is a logical and appropriate recommendation. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable, Findings: Staff believes the proposed rezoning is a reiteration of two previous rezoning approvals for the same parcel to allow the same uses thus approval is an appropriate action. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Findings: The district boundaries are logically drawn as discussed in Items 3 and 4 above. Page 1 of 5 Agenda Item No. Be November 27, 2007 Page 26 of 127 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is necessary because LDC Section 10.02.13.D.7 does not allow the County to accept applications for development order approvals until the zoning is "updated." Additionally, the petitioner has updated the Master Plan to show the required preserve area contiguous to the preserve area in the neighboring Livingston Lakes PUD project. Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action and the proposed use is not contrary to the CUD'ent land use policies if staff's stipulations are included in any approval recommendation. The proposed amendment should not adversely influence living conditions because the use proposed are consistent with the uses proposed for Interchange Activity Centers, Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the preserve area's location will help buffer the only adjacent residential uses. 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. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP and the trips are vested according to Transportation Planning staff (refer to the discussion in the staff report, The trips were vested as part of the Stiles PUD zoning. However Transportation Planning staff notes that although this PUD is considered vested by Transportation Planning staff, the PUD remains subject to operational analysis at the time of subsequent development order application, Staff has included stipulations to require this project to provide an interconnection to the west; if staff s stipulation is adopted as part of any approval recommendation, this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety, Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 2 of 5 Agenda Item No. Be November 27. 2007 Page 27 of 127 Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby property owners' perception of the area's potential development. Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. Additionally, certain transportation improvements are included in the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are already in place for the most part. Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities, 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: The proposed development standards will ensure that adequate light and air is allowed to adjacent properties, Con: None. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e, open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas, 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro/Con: Evaluation not applicable. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 3 of 5 Agenda Item No. 8e November 27,2007 Page 28 of 127 Pro/Con: Evaluation not applicable. Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Findings: The proposed development complies with the Growth Management Plan (as stipulated by staff), 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. Pro: The proposed change is necessary because LDC Section 10.02.13.0.7 does not allow the County to accept applications for development order approvals until the zoning is "updated," Con: None. Findings: Any petition for a change in land use is reviewed for compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to gamer that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: StaffbeJieves this rezoning request proposes changes that are within the scale of the needs of the neighborhood and County. Con: None. Findings: The proposed development complies with the Growth Management Plan (as stipulated), a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 4 of 5 Agenda Item No. 8e November 27.2007 Page 29 of 127 Pro/Con: Evaluation not applicable. Findings: Because the petitioner is seeking update a sunsetted PUD, this analysis IS not germane to this petition, 16. The physical characteristics of the property and the degree of site alteration which wonld be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: None perceived. Con: The subj ect property in this PUD rezoning is undeveloped at this time. Findings: Any development of this site would require considerable site alteration with the proposed use of this portion of the site. 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 LDC regarding Adequate Public Facilities. Pro/Con: Evaluation not applicable. Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 5 of 5 Exhibit B PUD FINDINGS PUDZ-2006-AR-10698 Agenda Item No. Be November 27. 2007 Page 30 of 127 Section IO.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities, Con: None. Finding: The stipulations included in the PUD document adequately address the impacts from the proposed amendment. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such arcas and facilities that are not to be provided or maintained at pu blic expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provided evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas, 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP with the stipulations recommended by staff. Con: Staff's analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 9.3 contain measurable components; however, FLUE Policy 5.4 does not. Compatibility is more subjective. Finding: Staff has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP with staff's stipulations as provided for in the adopting ordinance, Please see the staff report for a more detailed discussion, Page 1 of 3 Agenda Item No. 8e November 27. 2007 Page 31 of 127 4. The internalllnd external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed development standards, landscaping and buffering requirements are designed to make the proposed residential uses compatible with the adjacent residential uses, Con: None. Finding: Staff analysis as contained in the staff report indicates that this pel1l1on is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable, Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable, Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: County Transportation Planning staff has determined that the proposed amendment is consistent with the GMP Transportation Element requirements addressing roadway concerns if staffs stipulations are included in any recommendation of approval. Con: None. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. PUD FINDINGS PUDZ-2006-AR-10698 Exhibit B Page 2 of 3 Agenda Item No. Be November 27, 2007 Page 32 of 127 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Not applicable. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards and the petitioner is not seeking any deviations. PUD FINDINGS PUDZ-2006-AR-10698 Exhibit B Page 3 of 3 Aaenda Item No. Be November 27, 2007 Page 33 of 127 Co~-y Count:y - Memorandum To: Kay Deselem, AICP, Principal Planner, Zoning and Land Development Review From: Sue Trone, Planner, Comprehensive Planning Date: December 4, 2006 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDA-2006-AR-I0698 PETITION NAME: Gaspar Station PUD LOCATION: The subject site is located in Section 30, Township 48 South, Range 26 East, Collier County, Florida. It takes up 17. H acres of land, The project site is on the south side of Immokalee Road and is approximately one quarter mile west of the 1-75/lmmokalee Road intersection, The project has indirect access onto Immokalee Road via an existing entry road (Juliet Boulevard) with a median opening that aligns with the approved Strand PUD to the north. REQUEST: The project is currently zoned PUD as a planned interchange commercial center which includes a mixture of interchange-oriented commercial facilities, predominantly including restaurants, various types of retail (e.g. clothing stores, home supplies stores, hardware stores, and grocery stores), and office uses (e.g, real estate, law offices, veterinary offices, and business services). Additionally the project includes land uses to accommodate stom1 water management, lakes and buffer areas, The petitioner is requesting to develop this PUD for general commercial uses and to rename the PUD to Gaspar Station. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict, Activity Center #4, as identified on the Future Land Use Map of the Growth Management Plan. It is located within the Northwest Transportation Concurrency Management Area (TCMA). The County has confirmed that the level of service criteria for the Northwest TCMA in the LDC are being met; however, Comprehensive Planning staff defers to Transportation Planning staff for a more detailed review. The Future Land Use Element (FLUE) of the Growth Management Plan (GMP) dedicates roughly a page and a half to guidelines for Interchange Activity Centers (pages 44-45). Comprehensive Planning comments are primarily limited to the factors for consideration during review of rezone petitions as enumerated by a bulleted list on page 41,1 of the FLUE, Text from the FLUE is represented below in italics and staff comments follow in bold. 1. Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit 1 Exhibit C Agenda Item No. Be November 27, 2007 Page 34 of 127 Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. The rezone is a PUD to PUD at 17.7010 acres. This is consistent. 2. The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed use Activity Center and within two road miles of the Mixed Use Activity Center. This information is not required; existing approved commercial uses are consistent with proposed commercial uses. 3. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. A market-demand is not required because commercial uses proposed are generally consistent with approved commercial uses. 4, Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. Within the Project Site: Currently the area is vacant but it has been zoned for commercial uses. Adjacent to the Proiect Site in the Southwest Ouadrant of the Activity Center: there are parcels with various zoning designations: To the east of the subject site but within the Interchange Activity Center is the Donavan Center PUD containing 250,000 square feet of commercial uses and 140 multi-family units. Outside the Interchange Activity Center but within two radial miles to the west of the subject site is a parcel zoned Agricultural which is vacant. Given this land's proximity to 1-17 and its urban designation it is very likely that this land will be rezoned and developed. While it is not possible now to know how this adjacent parcel will be developed the petitioner may want to take into consideration various possibilities when planning the buffer between the parcels. Outside the Interchange Activity Center but within two radial miles to the south of the subject site is the Livingston Lakes PUD with 327 multi-family units. In the Remainder of the Activity Center: are the following developments with respective uses and zoning designations: - In the Northwest Quadrant is the Pelican Strand PUD. Total area: 574.56 acres; 200,000 square foot commercial; 237 single-family units; 804 multi-family units; 187.3 acres golf course. - In the Northeast Quadrant is Northbrooke Plaza PUD. Total area: 39.90 acres; 270,000 square foot commercial; 120 singe-family units; 130 mobile home. - In the Southeast Quadrant is the Malibu Lake PUD with 178.6 acres for Mixed Use. Within two radial miles of the Project Site and Outside the Activity Center: zoning designations can be found as noted below. - Agricultural (841 acres) Commercial (45 acres) Estates (1,255) 2 Exhibit C Agenda Item No. Be November 27, 2007 Page 35 of 127 Golf Course (618 acres) Mixed Use PUD (178 acres) PUD (8575 acres) Residential Multi-Family (147 acres) RPUD (51 acres) Residential Single-Family (2,055 acres) - Residential Tourist (2 acres) 5, Adequacy of infrastructure capacity. particularly roads. According to the Transportation Impact Statement, all roadways within the project's area of influence are currently operating at acceptable levels of service and are expected to operate at acceptable levels of service through build out of the project (2008). Further, the project appears to have no significant impact on any County or State roads. Comprehensive Planning Staff defers to Transportation Planning Staff for a finding of project consistency with regard to these measures. Water distribution and sewage collection and transmission and related facilities are to be designed, constructed, conveyed, owned and maintained by Collier County. Comprehensive Planning Staff defers to Utilities for a finding of project consistency with regard to these measures. 6. Compatibility of the proposed development ,,7th. and adequacy of buffering for, adjoining properties, The purposes of the planned development fall into the full array of commercial uses (this includes SIC 6552 which Ray Bellows, Zoning Manager, has reviewed and found to be consistent with commercial zoning, documented in an email dated December 4, 2006.). 7. Natural or man-made constraints. Based on observation of the subject site from aerial photographs, the site has not been cleared; there appear to be no natural or man-made constraints. 8. Rezoning criteria identified in the Land Development Code. This is provided for in the PUD rezone application. Further, these criteria will be reviewed by the Zoning and Land Development Review staff. 9. Conformance with Access Management Plan provisions for Mixed Use Activity Centers contained in the Land Development Code. This is provided for on the PUD Master Plan. Further, Transportation Planning staff will review the project for conformance with this LDC provision. 10. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/ master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. 3 Exhibit C Agenda Item No. Be November 27, 2007 Page 36 of 127 This is provided for in the Traffic Impact Statement and the PUD Master Plan. Comprehensive Planning staff further defer to Transportation Planning staff for more detailed review. 11. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects, The two access points to Juliet Boulevard allow vehicular access to adjaceut commercial activities. Construction of sidewalks east of the project site would provide convenient access for pedestrians. Comprehensive Planning staff further defer to Transportation Planning staff for more detailed review. 12. Conformance with the architectural design standards as identified in the Land Development Code. The Developer intends to establish project-wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses. Uniform guidelines and standards will be created for such features and facilities as landscaping, sign age, lighting, roadway treatments, fences, walls, buffers, and similar features as indicated in the POO document, Section II, 2.5.C. Comprehensive Planning staff defers to Zoning and Land Development Review staff for more detailed review. FLUE Objective 7 and associated Policies encourages shared access and project interconnections. The applicant is encouraged to implement appropriate Policies under this Objective that support smart growth, including walkability and interconnections with adjoining properties. Namely, the addition of sidewalks would enable pedestrian access to (and along) Juliet Boulevard. FLUE Policy 504 provides all rezoning must be compatible with the Growth Management Plan. Comprehensive Planning leaves the determination of compatibility to the Zoning and Land Development Review staff as part of their review of the petition in its totality. REVIEW OF THE PUD MASTER PLAN AND PUD DOCUMENT: . Revise Paragraph I on page ii from reading "Interstate Activity Center Subdistrict" to "Interchange Activity Center Subdistrict" in both instances and anywhere else where this term may appear (it is correctly referenced on page I-I, IA.B.). . A selection from Section I, 1 A.A. reads: "The project has direct access onto Immokalee Road via an existing entry road (Juliet Boulevard) with a median opening that aligns with the approved Strand PUD to the north." Section V, 5.2,B. reads: "Access to all parcels fronting Immokalee Road shall be from the main entrance road with no direct driveway access from each parcel to Immokalee Road." Based on the first quote and the Master Plan it appears that the "main entrance road" of the second quote is, in fact, Juliet Boulevard, Please clarify this point and, if this "main entrance road" is some other road contact staff immediately. . The project is located within the Northwest Transportation Concurrency Management Area (TCMA). According to Policy 2.5 of the FLUE these areas are designated by the County to "encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips" 4 Exhibit C Agenda Item No. Be Novembsr 27. 2007 Page 37 of 127 (FLUE Policy 2.5, page 12.1). As such, Transportation Planning staff have devised levels of service standards that, according to the Transportation Impact Statement (TIS), appear to have been met at the time the TIS was written. FLUE Objectives 5 and 6 have implications for projects in TCMAs to mitigate urban sprawl, protect environmentally sensitive lands and native habitat, and promote adequate facilities - especially for transportation circulation. Address the fact that this development is to occur in a TCMA and how you plan to address FLUE Objectives 5 and 6 in the Statement of Compliance, CONCLUSION: Based on the above analvsis the proposed development oithe GASPAR STATION PUD is consistent with the GMP. On CD Plus Cc: Randall Cohen, AICP, Comprehensive Planning Director David Weeks, AICP, Comprehensive Planning Manager Susan Murray, AICP, Zoning and Land Development Review Director Ray Bellows, Zoning and Land Development Review Manager 5 Exhibit C Agenda Item No. 8e November 27. 2007 Page 38 of 127 Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF April 4. 2007 I. NAME OF PETITIONER/PROJECT Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ-2006-AR-10698 Gaspar Station PUD A. GROVER MATHENEY WILSONMILLER, INe. WILSONMILLER, INe. II. LOCATION The subject property, consisting of 17.7'" acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1- 75/Immokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES ZONING DESCRIPTION N- PUD Immokalee Road then Carlton Lakes PUD, approved at a density of 3.35 units per acre S- PUD Livingston Lakes, a developing residential project, approved at 7 units per acre E- PUD Donovan Center PUD, developed as a Wal-Mart superstore and Summer Lakes residential project, approved at 6.64 units per acre W - Agriculture an undeveloped approximately nine acre tract IV. PROJECT DESCRIPTION The proposed CPUD, if approved, will allow for retail and service uses at a rate of 7,500 square feet per gross acre, office uses at a rate of 15,000 square feet per gross acre and hotel/motel use at a rate of 26 units per gross acre. The PUD Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D EAC Meeting Page 2 of7 Agenda Item No. Be November 27, 2007 Page 39 of 127 allows for a mix of Interchange Commercial (as described m the Growth Management Plan [GMPJ), The project is bordered by Juliet Boulevard on the east, and a Wal-Mart; on the north by Immokalee Road and Carlton Lakes; to the west by an approximately nine-acre, undeveloped agriculturally zoned tract; and to the south by lands within Livingston Lakes PUD, a residential project. The subject property is cwrently undeveloped. The PUD document and the Master Plan indicate the project will not have access directly to Immokalee Road; access to the site will be via Juliet Boulevard, V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict, and Activity Center #4, as identified on the Future Land Use Map of the Growth Management Plan, It is located within the Northwest Transportation Concurrency Management Area (TCMA). The County has confirmed that the level of service criteria for the Northwest TCMA in the LDC are being met; however, the final determination of concwrency will be done during the site development plan process. The Future Land Use Element (FLUE) of the Growth Management Plan (GMP) provides guidelines for Interchange Activity Centers. Comprehensive Planning staff analyzed those guidelines and believes this petition can be deemed consistent with the guidelines for Interchange Activity. B. Conservation & Coastal Manal!ement Element Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards, To accomplish that, policy 2,2.2 states "In order to limit the specific and cumulative impacts of storm water runoff, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water ( discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention areas and a wetland to provide water quality retention and peak flow attenuation during storm events. The Gaspar Station project will preserve its required amount of native vegetation. Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit 0 EAC Meeting Page 3 of7 Agenda Item No. Be November 27.2007 Page 40 of 127 No submerged marine habitats are proposed for impact and the site is not contiguous to natural reservations. Habitat management and exotic vegetation removal/maintenance plans will be required at site development plan submittal and have been provided as part of the EIS. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The proposed preserve area is located along the southern boundary of the site allowing for interconnection to the adjoining off-site preserve area located on the Livingston Lakes PUD, Littoral shelf planting areas within the wet detention pond shall be required at the time of Site Development Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. Jurisdictional wetlands have been identified as required by Policies 6.2,1 and 6.2,2. In accordance with Policy 6.2.6, required preservation areas have been identified on the PUD Master Plan. Activities detrimental to preserve areas have been excluded from the preserve as required by the conservation easement. Use within the preserve areas are in accordance with Policy 6.2.5(5)(d). Uses within the preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation, and preservation. The proposed project is not located within the Conservation Designation on the Future Land Use Map, the Big Cypress Area of Critical State Concern, the Natural Resources Protection Area, Sending Lands, or Habitat Stewardship Areas. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in this EIS. No adverse impacts to potential listed species are anticipated to occur as a result of the proposed future development of Gaspar Station PUD. Therefore, the project is consistent with the Objectives and Policies of Goal 7. VI. MAJOR ISSUES A. Stormwater Mana2ement Section 8.06.03 0.2. of the Collier County Land Development Code states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged into Preserves as allowed in Section 3.05.07." Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit 0 EAC Meeting Page 4 of7 Agenda Item No. Be November 27, 2007 Page 41 01127 County Staff could not find reference to a SFWMD permit for this site on the SFWMD website, but due to the presence of wetlands on site, this petition will be reviewed by SFWMD. Gaspar Station is located within the Cocohatchee River Drainage Basin, which has an allowable discharge rate of 0.04 cfs per acre per Ordinance 2001-27. The Cocohatchee Basin has this low discharge rate, which is about a quarter of the County's standard rate of 0.15 cfs per acre because the basin was analyzed many years ago and was found to have had its capacity stressed, so the allowable remaining capacity was divided among the remaining parcels. The stormwater management system consists of a 2.I-acre lake and the usual perimeter berm and storm water piping.. The system is designed to provide for water quality retention and to attenuate the water quantity discharge, The discharge will be to the north into the Cocohatchee Canal as per the Collier County Drainage Atlas, B. Environmental 1. Site Description The subject property is approximately 17.7 acres in size, The Juliet Boulevard easement accounts for approximately 1.4 acres, leaving 16.3 acres of developable property. Wetland areas consist of 0.4 acres of Cypress-Pine-Cabbage Palm, Exotics 25-49% (FLUCFCS 624E2). There are approximately 14.25 acres of Pine Flatwoods with Palmetto Understory, 0.70 acres Pine Flatwoods with Graminoid Understory, (Exotics 25% to 49%), and 0.40 acres of Cypress-Pine-Cabbage Palm (Exotics 25% to 49%), 2. Wetlands There are approximately 0.4 acres of SFWMD jurisdictional wetlands on the site. The SFWMD performed an informal wetland determination on August 9, 2002. A copy of the SFWMD informal jurisdictional wetland sign-off exhibit is included with the EIS submittal (See Exhibit G). Wetlands on the site are low quality in function and are proposed for impacts by the proposed development. The presence of Immokalee Road and associated canal, 1-75 and surrounding development has altered the hydrology of the site. The wetlands have also been impacted by varying levels of exotic plant infestation of primarily melaleuca and Brazilian pepper, 3. Preservation Requirements The site is approximately 17.7 acres in size and contains approximately 16.3 acres of native vegetation, The Juliet Boulevard easement impacts 1.4 acres of habitat. Fifteen percent (15%) of native vegetation on the site is required to be preserved. Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit 0 EAC Meeting Page 5 of7 Agenda Item No. 8e November 27, 2007 Page 42 of 127 Therefore, approximately 2.4 acres of native vegetation are required to be preserved on the site: (16.3 X .15 = 2.4), Approximately 1.7 acres of pine flatwoods and 0,7 acres of pine flatwoods-graminoid understory will be preserved, The preserve will connect to the Livingston Woods PUD preserve to the south. 4. Listed Species Evidence ofwildlife utilization on the site was minimal. The site is not currently inhabited or utilized by endangered, threatened or species of special concern. Wilson Miller ecologists have performed listed species surveys on the subject property through the 1990's and early 2000's. In March and April 1993, Wilson Miller ecologists performed a listed species survey and a red-cockaded woodpecker (RCW) survey on the property, Approximately 100 hours were spent conducting the surveys and no listed species, RCW s or cavity trees were observed on the site. On June 16 through July 9,1999, WilsonMiller ecologists performed a RCW nesting season survey on the subject property. Approximately 40 hours were spent performing the survey and no RCWs, cavity trees, or other listed species were observed on the site. In August 2002, October-November 2004 and February 13 through 17,2006 WilsonMiller ecologists performed listed species surveys on the subject property. No listed wildlife species, RCWs, or cavity trees were observed on the site. Another listed species survey was conducted by WilsonMiller in February 2006 and no listed species were found. There is a potential for the Big Cypress fox squirrel and the Eastern Indigo snake to utilize the site. A Big Cypress fox squirrel management plan has been prepared and is included with this submittal as Exhibit J of the EIS. An Eastern indigo snake management plan has also been prepared and is included in this submittal as Exhibit K of the EIS. VII. RECOMMENDATIONS Staff recommends approval of Gaspar Station PUDZ-2006-AR-I0698 with the following stipulations: Stormwater Management and Environmental 1. A SFWMD ERP must be obtained prior to the next development order approval. PREPARED BY: Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D EAC Meeting Page 6 of7 Agenda Item No. BC November 27.2007 Page 43 of 127 STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT DATE SUMMER ARAQUE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE DATE KAY DESELEM, A.LC.P. PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D EAC Meeting Page 7 of? Agenda Item No. 8C November 27, 2007 Page 44 of 127 BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D, LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE JEFF WRIGHT ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D ..... nll'OltAIf SAUS Tt.All.lA .. Mule COllwftttAL bACl EXHIBIT "A" -..--....-..-..-....-..- CIM. ('Dr ~o.(W'..tIIrI) ----."....." . -.--r---"-'-'- ..--... -.. M.lOICAllt/tCWl(IWl'llOWr...or.'/IiIII\t] ----.---.-J . ---_.____ ---.-.II:"'t1'.:II..__.. l=:i~-l '= -t' O-!-I WClN/Tr MAP .. I--~ ::w':::'" .------ ----- =-..r..:"'_ ---- ------- -------- --- =~=:.:'::':".:.-:-~, ~1.:::r*.l=:FJ'-..:r ---...---- , , , , , " CUlWIfT tot<<HOl .uJlltCUI.ft.Ht.14 . 1'WO~[D:rOfftlCtPtJD I . ! I ~ ,i , ~ .' - I , I , , , . IESlKJrffiIL ...... .'It'" ..... , i H -~ ~I f I , , I: " Ii " , I I I I I I , , , lf~3 I USJDtHtw.j ....,... ttcsO(MT'lAL .."" -- mrostDEIOIAIICal . WtlVJUI!MATWAI. t\.I.IrU.T milM NftA . .......,._- -- .-.- ----.-.....--...--... ...... ...... ..... ..... IOMOW ""' "~~r~:==~..::!JlI. .. um: _.r-..... .._ 1'1II.-.........-. ........ .~ _~"fI'__"'" ~ro.t tJJa M W'An..,...u JtACT (..... COI<mU<lIOl<l =:::'=""..~=- ....-...-.-- -~._-- n:1:, ~~.. 10 P'ROI"os.n .u.",,'AlII.T Utm/U7 ACMJ . DtHS!'N or ...2 W/AC W1lIl g."""uu..oc........_ ~~1~;;;.~.) ~ltncl,.. Ihvriw,...,) [A$'f 1..i:~""lhlln'.. ZOoS.." lul&dln,. om ,-...., ......... ZOoS...., IIlltftlp """"C__> """"("--'-> """'""1:......-> ....urAl > nur.raa.t-u;",_ lJ.ll:U I.lAQR f tl\ATlMAL tu.mtl.:1' f" ACIU 20 T01A4 t.' AeRtS 1 w:u I IoCatI N.l.l\IUL KUlTAt t.& Aal't:s .. If; ..u ~.. AQD -.JUM Mt4 ..1 AQtS T01Ai. MEA '.0 "'us 1POlC) _...1",!Of"'D'D CltOA......ca:ss Am HGOYER PLANNTNG SHOPPE IIIL ./lOrD, JoLC.!'. "HIlt _ _.....___..........1ItW ....1IH1l....._..!iM1)_...., 11 l:'U.'"t.i.I:.'::'Iw"'l::::= W Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit E Agenda Item No. Be November 27, 2007 Page 45 of 127 t , 1 I t ~ I I .... . ... .... .... . ,~ .J<>' .,.. .... ..... .10' ~ ..-...... .... 0- ~ "'" ~ ..,.::..... r:~= , HU ug"ua =...8;; ...., - g~= -- -... t..:) ::;:u p... ag =-~ ...., a ~ u-"J ;...; ('II"') Sri ... :I _ 0::: :;;;2g: 00= -. -- .- -- L.I"") -.. lot"') c:: ~fj~ <""> ~- C""') ....~ _H ~- lil:<l B:;- =- - ~ ~ ::I - 7 ~.~ .:>aspar Station CPUD ~UDZ-2006-AR-1 0698 Exhibit F . PROJECT: Immokalae Road Compensating Right of Way PARCEL: Eboll PUD (Bermuda Palms, AR 3413) Agenda Item No. 8e November 27, 2007 Page 46 of 127 ROAD RIGHT.OF.WAY, DRAINAGE AND UTILITY EASEMENT THis EASEMENT, is made and entered inlo this ~ day of ~...\'- , 2004, by BP Devco, LLC, who,e mailing address is 2190 J & C Blvd, Naples, Florida 34109 (hereinafter referred to as "Grantor"). and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing eddress Is 3301 Tamiaml Trail East, Naples, Florida 34112, Its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein the larms "Grantor" and "Grantee" include all the parties to this Instrument and their respective heirs. legal representatives. successors and assigns, Grantor and Grantee are used for singular or plural, as the context requires,) W ITN ESSETH: Grantor, for and in consideration of TEN DOLLARS ($10,00) and other valuable conslderallon paid by the Grantee, the receipt and sufficiency of which 15 hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-excluslve easement to enter upon and \0 install and maintain roadway, sidewalk, drainage and ulllity structures and laclilties on the following described lands located in Collier County, Florida. to wit: :oj See attached Exhibit "A" which is 1ncorporated herein by reference, Subject to easements, restrictions, and reservaUons of record. Not Homestead Property TO HAVE AND TO HOLD the same unlo the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining roadway. sidewalk, drainage and utility facilities Ihereon. The easement granted hereln shall const1lute an easement running with the land and shall burden the lands described above, IN WITNESS WHEREOF, the Grantor has caused thesa presents 10 be executed the date and year first above wrItten. WITNESSES: ~ ~!:f fY/4~ ")"'-'~~ Ii. MA"TEtN Printed Name {Jd" (lIL~ Signature ' I'larl&lf: J; r,6~1t:S l' ak Printed Name \o-:~' __0_ ~~~ St~ J. Mullersm President BP Devco. LLC ~., =~ ~~ < ~ -~ ~ STATE OF FLORIDA COUNTY OF COLLIER IL-n . The fore..Qoing instrument was acknowledged before me thfS ~ day of n i:..et4r /IT>> 'L , ~ personally known~ or produced Identification . Type of identification produced: .- O1ANE EOWARDS _\~1lIl11CC'''''' "-J;~I'l.E!fJiiUtry9,200s a/Nrd"'T~l\Iflr:I&'I'f~,,*U_lII4r1 ~~4<w.,~ Notal)' Public My Commission Expires: /~9'- tiS- "]), '.t1Al6 CDtJlI'RD:5 Notary Printed Name C:\Documents and SelUngs\nelson\Local SeUlog$\Temporary Internat Ales\OLK119\1mmokal&9 Rd Compensating Right of Way,doc Page 1 of I u'-'- ~''"'':' ~~ :,:, ~. COON ~~ '0 D~ ,;j c:iN_ iji1l ~,,'!;tll'l ,Ie :'l:JI5l:J ~ z ,0 ~8 ~,,:s"I5~(l tI"t:~ ~ is ". " ,....~r-- ~~ ae:J~\;;~ ~..!.~\!:i iC~~t; ~ :?t~t-..: ~ ~ "" 2wQ) t;}~c:~~~~~~~~~~giS "'" "' -'" OJ ~"' ~(.)~"t~)......!.{tNQItICS-':: "t ~ :,il'!!! '" C'O'-m ~~. ",~"'~i';"~"'''''' "i';~i'; t..Ji!:'~ ~ -0 CD.. C'" 5~ ct:,lrJ(.!) l.I.::.t: ~~i:lj~~Ii.~~ ;! ~iS!'> 8 0)> ~L:j(S~,h.~ a:;~ e5 'lJ...l...l.I.:1- '" ~v,~ 0)0 1;;" ".;i, !J1 ~ ~:t:<.:l lI)l-~ ~ Co <(z lie;. i!i~ ~.~ \l!..!. ~ ~~~ ~~~~. '" I';'l'''' \l "'-~ ~~VjE~~I-l.:lt;i '<(~<:l~ t'-.. ~ ~!l..?:; ~ I';~" :;;:-:S~,l")D:;~ ES,?:i I-'!..I'~ ~."" CfLri \tJ~~ ~ :;;:h'~ Ili~' i!l'" ;;,.,:S!:'~l'l1;;~r ~ "'!i" ~ ~~lI) ~~;~~B~~~~~~~~~ ~ ef2~ ~ ..,'" ~~~lrJ~~~~l.I.:~~~~~~ ~ i:i ",,,.Iii l>! ~~~ ,-lI)~~~~"t~Q~~~8~~~~ Ie ~~':I ~ Elt:l'J ~~~lli~~~~~~~QlI)~~~~ ~ 1'; :tQ~' Q:;i,l:; lQ"i ~:::: ~I-.. ~ci ~I:;.q; G~Y1 ~~~~~~~~~:'"'~~s~~~ ~~Q ~ 8D:;~ lli "l:Jl(""" is''''''''l:J ~~ aJ"'i5 '" ~;;'>-' ~ ~ 0 ~U~~U ~ '" ":SO' !; ",," ~:~~~~i~~I~~~~~~~ "'13 !;'(I: ...~ " ~ ~~V,5 I:: a " Ci~ a,~f3 G>'l'~ ~i;",I';~~,"S~~1'i'~~W~~ &g If) ~<:.Jo ~ ug~~ ~ ;.:= t:!~Cl:V\~U~ j:jl.l.:~~ u~~"'8~~~~~~0I1..::~ :;:; a:~ ~!.:ei ~ ~"'''' ~"'8 ~ llilS b:~ C:l Q~ ~~ ~.... .t'.,rh: '01;) i:i~ o '~l..i""J k:J~"Q"""~ ~'" O! q: "t12~ ~~~~~~~~ ~~~~~~8 "'''" " Hil ~, " -:. ,'''':il Ii' ._:>{/J/ 1-/ I [. .~:~ " \.. 'r! '" ~".-. l'l~ ,,- ~ ! t., 'II ~"'I~: " I 'I .';1 ji I] Ii J !)) }I .I! Gaspar Station CPUD PUDZ-2006.AR.10698 Exhibit F ~9.WC ~'~ <:; ~~<Q ~G'~ ~~bl !;i\5.~~ @lli",:i I--~~e:: i!'" ~ --.... ,L..Jl u~~~a \1)(18 c:;h~~ ~.~ <L;~'~~'"@ ",I ___~t:~v~~\ g~ 3 .,r,a;.6. S 6' I ti{ , ~i I n~J! I ,-- I i~'~)\ll ("', L~ - i - L: .. -, _J'- . i U '''-'' -"', 1/.." l ""-. "'" ,.., ' J "", ;/ ". ~:' /Jo\\' \ "r _u~_ J r'-- . "'J/~'>l) LJ 'l L-:-_n_I~~~ ,if - ..",L. " ,______J It, , " "==-'"~~ ,//,..,,~.:..,. !f/ > rr.'~m \\ .6r~6~,. P' __~N!.i_~!1! ::'!!!.~T!?:'~~"@'!:?!.~_ II~I J II '" I' \.... \ '<V~,~ \ '\ ~ 1 1.1 >: L_, "" \ _-<C " I-- as - ::c: >< LLJ \f '0 " ,., -, N . .~, ",." ,rnr ), I '.'1.r.. ..; "' ~ ~ ~ ~ i! ~~~~~ ~~ 1;3~~~'~ ~ ~~ ~~~~~ fi,?;;;:lI:::;B.~ t:--oi8::s~ ~ ~...~~~ ~ <;.;i;:!O;j"',;, ~<4.. !:;e::i <:::;'1' ~ ~ . ~ ~ " ~ ~ ,l;: ~ 2l ~ ~~r. :e~ Q;) ,...,., tr:lll) --. 'T ~ :::.: 'f'~... ;~ ~tn 15 ""i 0) ~ t.:t: .q;; 'It !:l::: ~ ~"~ ~'}f~ '" <;3",:>.. ~~ ~~~~ ,~ ~ is "s ~ ~ ~~~k; ~ rtoi:::~ ~'~~l~~ "",/(J d~: ~~C'lClji'~O :c...."''' I' ~ ~~~ j.~ ~ ~,. ~I-' ~E,j:;; . <:c:iSl " ~. ~~ ClJB~ ~ u ,u Ai ~ ~f,9g.6B N 3 "tf.9t.6// S --''''~ - c:; <L; .... (9rBlriJ)drOI! iriIDiOf{]{[ 9,-f1;-Of JO 811(J'((IO lSJlAHUJOJ{ 1H1 10 JM1 H180N JH1 :Dd om :BO m '" OJ '" OJ , '" ~ i;; ,,8 '''is ~~ ~a~ Q)(.)d :S~'" ~~c " ~~g 0.0." ~"''' ~c:ic:it:t: ~~o..:r.j I:l " ~ ~ ~ 11: '" '- '" " :;; ~ ~ I:l ,. u eJ ~ ~ I I I O-NOO9l-HO:'lIJo!\lS.:lkl'1:JO\\ 'rlY <0""9'0:60 tOOLIIZ/to 'IN]~t3SV) 1uJ '6Mp'9i:"U-B\~"I'\l'IWd 'f'onr1tJ.38\ll~"O"-,\sb,,P\:~ ur--r-- COON .:;..o~ ,- o t: .\!~ $WID -..0 Q) CC;:::m "O~"- ~Ill -> QJO .;fZ , . 'It ~ ;! ,.., I Z. ~: f .. " I ,..0 >~ ;= ~ U " 0( ~ o ~ ~." (" ~ - '1fL~J~'7'" II Ct:; i . ;~h.J ~ ----~-- 1'1 , j. @ .- ------.--~_. @ ----------.--.!~ ,..~-------======--______'l!L....~_______________ r[~-; IR\~,. <~;-~J:I~iY; ~LS ~ i ",,~J '~ -~ -~ j 1---...""'.....- ,h - ~ --"-- j! ,- .)"1 I 'f~~lC~11 ~ - ~ !?~"(r--~~I - -1 - '::=11 ::, ,\ ~ ( -/" l' :c.'1 ._, ,\ ~ 1 I ~ r.- I : I " ,ff' \ :._, ,-- 1 l' ~ 1 Pr~ ~- - i: i i \ i \ I - I -_/Y~I-\ . ' . i " I ill" \ j L'_\:J-i-1:" __JL~_~___J '_ _~~ ~~ ,_~ , " I t.'\'lm::'lS;t~ I - I I I I II 11_______ i !-.----__________ i , " '.:.----c~ ..~.. """,. I I \ --1_~--------L r<, ~ j \ i / -J~d~ ~l) I < i i \(fT~ 1$~ . fT~ ,; ~;(.I Jjj )j ') I ~ i "~_ !>' I - 1 l.'-J _ j l I ,.! __.J I ! ~.ii,! I .. -- . i ~ I I I " Q Z w '" w .. ~ Ill!: ~ !m, . ; ", '--------';f ~ . J J:i ~ ~ ~ z :5 ~ o , N [3 ctl (') "- "-" ~ '::l ~ B ~ ~ I . '~. ~] , ~; r::;: .g _~.J._ c: ,."~- -'-' ! I" ~q , I, , ,I h~ 0"'.. o i:c-l'", ~~<i ii, .1, ~/C! .1' i~~ ~I . ) 1 --=j--'F I[F-'~'-l!1 LI_TIi ,.- II r '. =:=1~-~ L I ~ - t l , i . , I ,~ ~'f d '-! " --=r-- . , , ,I ;.. ~ 'i I! q " ! ..: ____--i -~- _I q t ~ , I" I " an,; l ( 1 f L~ ! I , [ MAR-20-07 TUE 09:56 AM 1 516 922 ,$geD9a Item No. 8@. '" 1 r,ovember 27.2007 Page 49 of 127 TO THE COMMISSIONERS OF COLLIER COUNTY: DONNA FIALA FRANK HALAS TOM HENNING KAY DESELEM, PRINCIPAL FRED COYLE J 1M COLETTA PLANNg vI FROM: RITA EREDICS DATE: MARCH ~~, 2007 RE: REZONING OF GASPAR STATION PUD (FORMERLY STILES PUD) THE STRAND OFF IMMOKOLEE ROAD OVERDEVELOPMENT ON THE GASPAR STATION OUD WILL CREATE THE EQUIVALENT OF A BLOOD CLOT ON A MAJOR ARTERY. THE INTERSECTION OF JULIET BLVD AND IMMOKOLEE ROAD IS ALREADY OVERBURENED BY WALMART TRAFFIC AND THE SIX APARTMENT BUILDINGS KNOWN AS SUMMER LAKES. THERE ARE 20 MORE APARTMENT BUILDINGS UNDER CONSTRUCTION AT THAT SITE; TARGET IS CNDER CONSTRUCTION AND THE PICTURE FACTORY WILL SHORTLY OPEN. IMMOKOLEE ROAD AND JULIET BLVD CANNOT ACCOMMODATE MORE HIGH-DENSITY BUILDINGS; THIS WILL EXASPERATE THE EXISTING TRAFFIC BUILDUP, NO HOTEL SHOULD BF ALLOWED ON THIS SITE. THE DESIGN OF IMMOKOLEE ROAD AT THE INTERSECTION OF 1-75 PROJECTED THE SMOOTH FLOW OF TRAFFIC, JULIET BLVD IS A NARROW STREET THAT IS ALREADY OVERBURENED AND THE OVERDEVELOPMENT OF THE GASPAR STATION PUD WILL CLOG ANL iMPEDE THE FLOW OF TRAFFI C. PLEASE DO NOT RENEW THE COMMERCIAL ZONING UNTIL THE APPLICANT PRESENTS WHAT IS PROPOSED ON THE SITE AND ITS PROPOSAL SHOULD BE LIMITED TO LOW-DENSITY USEAGE. PLEASE NOTE: wE ARE CURRENTLY OBTAINING SIGNATURES ON OUR PETITIO~ REGARDING THIS MATTER AND THEY WILL BE FORWARDED TO YOU. MAR-20-07 TUE 09:31 AM 1 516 922 2>7'''' P "'" Agenoa Item No. ~C November 27,2007 Page 50 of 127 TO THE COMMISSIONERS OF COLLIER COUNTY: DONNA FIALA FRANK HALAS TOM HENNING FRED COYLE JIM COLETTA FROM: ROCHELLE DOWLING KAY DESELEM, PRIN~IPAL PLANNER ()/ RESIDENT OF THE STRAND OFF IMMOKOLEE ROAD DATE: MARCH ;lb, 2007 RE: REZONING OF GASPAR STATION PUD (FORMERLY STILES PUD) I AM A RESIDENT OF THE STRAND OFF IMMOKOLEE ROAD DIRECTLY ACROSS FROM THE ABOVE-REFERENCED PROPERTY. I UNDERSTAND ONE OF THE PROPOSED USES FOR THE PROPERTY CAN BE A SIX STORY HOTEL. THIS IS MOST UNACCEPTABLE AS IT WOULD GENERATE TOO MUCH TRAFFIC IN AN ALREADY CLOGGED ARE I.E. SUPER WALMART, SUPER TARGET (YET TO BE BUILT) AND AT LEAST 20 APARTMENT BUILDINGS (MOST OF WHICH ARE NOT COMPLETED NOR OCCUPIED YET) IN SUMMER LAKES DIRECTLY BEHIND SUPER WALMART. ALSO, ANY BUILDING MORE THAN TWO STORIES ARE NOT IN KEEPING WITH THE REST OF THE AREA"S ARCHITECTURE. WHEN ALL THE AFORE-MENTIONED PROPERTIES ARE COMPLETED AND OCCUPIED, THE ALREADY CLOGGED IMMOKOLEE ROAD AND ITS ACCESS TO 1-75 WILL BE IMPOSSIBLE TO ACCESS. THIS WILL ALSO PRESENT A DANGER FOR EMERGENCY VEHICLES FOR THE RESIDENTS OF THESE APARTMENTS AS JULIET BLVD. HAS JUST ONE WAY our AND IN TO THE PROPERTY. I BELIEVE THE LEAST INVASIVE USE FOR THIS PROPERTY WOULD BE A TWO OR AT MOST THREE STORY OFFICE BUILDING. THIS WOULD GENERATE THE LEAST IN-OUT TRAFFIC. ANY HIGH-DENSITY USEAGE WOULD IMPACT US AND OTHERS VERY BADLY AS FAR AS OUR SAFETY, QUALITY OF LIFE AND VALUES OF OUR PROPERTY. MANY PEOPLE IN OUR AREA CANNOT SELL THEIR PRorERTIES BECAUSE OF WHAT WAS PUT THERE ALREADY IN WHAT WAS ONCE A LOVELY AREA. I DO HOPE YOU, THE COMMISSIONERS, WHO ARE ELECTED TO PROTECT YOUR RESIDENTS WILL ACT KINDLY AND WISELY ON THIS REZONING AND WILL NOT REZONE WITHOUT THE OWNER BEING TOLD WHAT THEY CAN BUILD ON THIS PROPERTY -- HOPEFULLY, A LOW DENSITY USE. THANK YOU FOR YOUR KIND ATTENTION TO THIS MATTER. I KNOW YOU ALL WANT TO PRESERVE THE BEAUTY, QUALITY OF LIFE WITHOUT INHIBITING GROWTH IN A PROPER WAY IN BEAUTIFUL NAPLES. PLEASE NOTE: WE ARE CURRENTLY OBTAINING SIGNATURES ON OUR PETITION REGARDING THIS MATTER AND THEY WILL BE FORWARDED TO YOU. Agenda Item No. Be November 27, 2007 Page 51 of 127 March 22, 2007 Ms. Kay Deselem AICP Principsl Planner Dept. of Zoning and Land Div. Review Collier County RE: GASPAR STATION PUD (ALSO KNOWN AS STILES PUD) Dear Ms. Deselem, Attached are over 113 signatures on a petition to the given to the County Commissioners at their hearing on the above property. The residents of the Strand have signed this petition in opposition to any change of zoning that would allow a six story hotel or any six-story building or any other use that would increase traffic on an already highly congested Immokolee Road. We have a super Walmart, many apartments behind Walmart (the bulk of which are not occupied as yet) along with a super Target not yet completed. The residents are reeling from these buildings and once all is completed, just these will saturate us. We don't know why the owner wants to change its name, but if it is to allow more dense use - IT SHOULD BE REFUSED. WE ARE SATURATED. Our homes have lost its values and many residents are selling and have been unable to. We resent our quality of life and our homes being devalued to please absentee property owners. WE FEEL THE RESPONSIBILITY OF THE COMMISSIONERS SHOULD BE TO ITS RESIDENTS. A small two or three story office building would be a good use for this property. We look to our Commissioners to act in a responsible manner on this zoning. We do not want to have to go further on this but we will. Kindly present the petitions to the County at the appropriate time. WE all thank you for your kind attention to this matter. J~' j0~ Most sincerely, ~~. 5V~ Rochelle Dowling for the residents of the Strand. Attachments: 9 RECEIVED \'" 2 2 .' !' '" i.. Agenda Item No. Be November 27,2007 Page 52 of 127 PETITION TO COLLIER COUNTY'COMMISSIONERS REGARDING GASPAR STATION PUD waRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. W~ '1 HI; t<.E::; I DE et<:e1:;EE-'iltVB-elBf)6'i'-'f0.'-AN.y---..~.-- ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR SIMILAR I\lJltl)tN~N 'fillS SITE. TilE INTER:JECTION-ElI":-:-JU-H-B'I'-Bb-VEl-AND-- IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND AN'l HIG!'! U3EAGE -WOULD IMPEDE E~1ERGEN€'t-VElllChE.t;'--W-E-G-I>J-E-Gr-'I'O--_._--- ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY -" ~r c --\ - 1 'T ) 0 J\~ NAME ADDRESS 3IfH:Q..___ II 1/ If / I 1.- ';.' '5 "LO/L c2 ~__._ l..(<;!) I So S- g "8 ..6ft, ff , c:LMJE_-- S"C-\ '-<...,_..Z[ J),~ ~ /~()r '-C~oe ~~. ~I.k:.~~ ~a.OY'\. ~l0 e- 1;;t:-ZSi52.':t ;) ';?/u'-/ __~_ / iFlc;OS._____ c' 3 I -rNr< Dr 11 /003-_~~~ -rIll ~ II 1'1 r / 11/'l'fi .J 1-1J,v (/r -:;.\= &"0 -z. '77 II ~ II 'ill, (1 /rrtcJ" row NI~ ( t7P T ~ - //'1/- '/ 5gn rtf(, r-1? G S' "r /Jy! -3'-j"{-o7. 1P--l6~ l-- Agenda Item No. Be November 27, 2007 Page 53 of 127 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD WITRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. --.--,----------W~THE1{ESTDENTs__mr_TItE_SlR_A'NITtlr_F_TMMe!ffll;E_E_-B,L_V1T_0B_3Ee_T--1'0--AN-Y------ ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR --------STM1t~-BUn;IYtNG'--enrrHi_s__S-I_'l"E_:__'i"H.E_I_N'f-E_R__S_E6_H0N-0F__d-U.L-I ET- BbVD--AN D-.-.-- IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND ------------A"NY4tf(;H-US-E1I:frE-~leIH,f)_I_Mp_E_f)E_EM_ERG_E_Ne_Y_V-EH.:r_GbE_&.--WE--GBJECT-'r:G---.------- ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY. ADDRESS "," (? II ~/'-:".t" '--r J r""" .--t:J/ft'k:r ~) I ~., h f2--&<. --':."" (7/ !) ,-' ( L , ,'$'! J J!J - ~.--._"._-------~----- ,~c;)1 177r2e.e:kzt/Y' I1[)C-:_jJ!tH2!'!~_!l~~~___ ((-,ct8 ~wovtf~?b )~:0("(' :~_::{'I'.t<:o~____ S'd"y,("" ~~0\y"c~.--~~__~_____~\_ ____ ____ 5~/ #JL-UItd;~~~-~Y/lq-- ~":;'1:JJ.j0j,d iJcdJ(' JO)3JliPjJJ::pL,flL'L<;J J.{L _ _ __ _ --~~I..rJ\:~ \J --- 6 9 3 ~ "&. Q1t-"~&st-T-.k~;c..;..~tJhO 0.. -_~_E--__I?_:=J..__-, - . ,;' o,f1J i:f)ft'/T1AJ,.u III hf-J~.{j ,:? -III 0 ___~J1LLo bi ~{\l'I'R 1~~~\\~- .' G U? 0 _XI ~~ii-~ ~_L~I7Q~_~~1~-~__n 3 / ! z /0 7 -0 () /1 " {, t1 e, Ii; -;; ,je (,if ,'l q ~ (,.. :5'-1?lA7J {) /5l(/.I1. II 11-,0 Lk.$ ;/~L. '3 t{ II 0 ----.--------..------ - .. .::'./ ~fi~}~~~ <~f.O;i:':]~ir~. i::~~~~- :3!!kkL_0f1JIH"J "flf2. ,NI4U GI5D1 Fo4teWA< cti 1'Ir{'LCc<,jl/.O _3__11-~) ~l " ~'. U\X<~-<<~. Sf; 'to :S;l/A, ;J.f41~rci-l::Lifj(6Iji-L~}iJ;!~ .,Jb-J.:lfL2 ,) CQrul-,#P [1 ~~M r ,,),. ';, t ).I~.v~), ,t;:fZ5'b31_N~(~!:~X'~!()_ --til-:)~!P..]~_ .. . '-{)ud:~~..-c' ,,~<I1~<1~1~_I{JJ1L -E.11:..z/o7_____!f/tik.. ~. (!J(})l;;;9/;~v"'_.. 0..1)2'4 "Jt;, : ~/;2i-ll"'~ I 114t.&~,,2:4"__~1~(c.>__cy--- ~~;~~Lf!;lb::::t::~j7 J;,;';:;,~; t';~7 ~:;:;t~~~0 _..;z~LL_!~.')~ l-l ~n::l0{j? /I/jY{ D {\';\J 5q t.,'J5 (liP, 1J l)J:T~:'l. ttJ :hi IJAU.'S 'So J~1l J () _d~!2- -67 ;0 (ku-</ "111 ~<-> Yip?;> ~'A/~~..It.' /!J2q5 _i/fl.CZ___---- )) /In '"I . ~ C /. /';J -P,j ..... - __,_'_ i /~ Dc:tl.{CbfA/!1. 4izr,Ii/p{f, Ii> ~o:) fjlJ A/-A.cC{i' LAiI-'.:!:'iu 2_~_____?_ 41 i~_ _ .... ... DATE NAME ~~~7,'~~' ~ ' .. -_-=~--.2~-_--_~utJ~~ --. :J.![(jsq----9u&;/-> (j)uX"C-eA(x:!-_ ________, '_L.._ ~~ , \ \ "( (;L ..-ii)~- Agenda Item No. Be November 27. 2007 Page 54 of 127 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD ~MERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. .. "--'-'WE-TRE-RESTDENTS-Or--Tm:'-STRAND'-OFF--'IMMOKOLEE BLVD OBJECT TO ANY ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR __.. SIMI'r;-AR--BUlLDING-.ON-'l'HIS--S-I4.'E-;----THE--INTER-SECTlON.. OF. JUHET BLVD AND IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND "_'ANY"HT:GH'USEAGE:--WOUl:;D-IMPEDEEMERGENGY--VEHIGUS . ... WE ..OBJECT TO ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY. __~..._._'_.n_' _____..._....__.,_,______._._.. .'---- . . ...-_...-.._---_.. .. ... DATE J/-(/(f}-:.-~;&~~~~~~'i--':, ~_,~,-.'~~__-~.__:_.-----._~..-E_():fn }qitC(=A~ LA! /3~/19 ,,/;;1,;1 /:1 :'/ _..c.,-!t{~_ fl ;l./lNt :5 9' b'd-@A R ,-I "''(). LN 31/lv ~Il\~f _.n..~LI):.__~~~-~ -'~~=~.~~'.=-':-~-'~?i]:, .. ... BAr~l~ LV! 34-rlD _ ~l?-- .._.~_.2;i;JfJ:fz~_;E_______.____n_____.__,_6t?~ '_.7~dt-J'l,j)R- . . ::>/; "1._ .. ... I~,.(L. !!IL;,&.f\.C.../-. A._:... <.L..,_. __, ....._...'._.n .,....,'_....._.,:~.'j.._- 7_.'1...'1......_ .(. ii, , "". "",'. i'" . 7 7, /'!~ ,_ - - ':L___ _ ~ ___ _ - - - -- 4- _ _ .-. .(~,~-- - r,:..::,.Ij~_'.h:;f.'.;::fr"tlf}:.^);;;. 3/1:2. ...__q;,.~.~,_tll!J>cddl!L .___,___' ~~~~.$i !/dfJl] j,411li? (1/;'70 f./ J . :3/CL. _____~~L1I~IL~4L"cl;-~L---.--.-._- ._____m. ... 5Y.tf.(L~1>:k!..t/~hi~fJ.j,{.l.:!)C~! - 'I ,! 1 '" ,'.', ("f'" '. , ___.~7 _.,:i!.07i~(1__- _____. . ,,'I,. fy" JlhL~t /1 ___ ~e4. fl~'C~n..'-:_,_.n______u'u--~-f.~'f. . 5~Nb wfla /.).:; 3&" // .' / . ...__,_-!.~~.1P./L~-----.--.n-- .___,_._._L~_'u wn_~' '" <, "'l I 'i. .' u{;~N(-jl !?~lu--.- m__ ........... .__.,._.2~U3.?0rlYtt)d) %JlcpfHr63 3/!;;z/o .1.___ . .~,~j('lIle.,_dc ,.D~l::f[e~~__n_____..__,____11~'5J.L0\(1;.c~.pe,~~/')6(l( <j- . ... ~I.( . __ ,~)h~j?~.-~lf.v__.-_-nu.--.'.--_2'-[~J-(tiiM~C ~Ji .'. ~>/j(/" ~---"';'~I,)lf"''''-cj-;--- "-i!5Z-A~!t70'~ ;) ': , :J. .I:~~,:,l'.~ln__ _,..__~~~_Dnf'.J .-'c,Sl,~'c"I~:,,-/):2.'n---S.J~]-0-.... LA))'\i~)I'''-'c-.r,::c).,,;,. r C r"f-". NAME. ADDRESS --------.--..... ..-------~. -.-,...---.....--.--- ,--- _....--- . ____ _Ov._'__ _..._,.____.._....'__ _____.. _....n.'____.___. .-.. ...-- _ ---.._-,...... _....-..--------".. ...._......--~ -_.,- .----- ..-- ___.________n~ __.. _ _ ~--- - ---- Agenda Item No_ 8e November 27.2007 Page 55 of 127 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION pun ~MERLY STILES PUD REGARDING PROPOSED REZONING AND UStAGE. -- '-. -------'-WE1'HE~ESTD'ENTS--Ol"11iji;-8'1'ItkNI)-eF'F-:tMM0~eJ:;E-E---Bi:Ne-0B..JEG-T---T0-.ANY------ '_h ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR -------S-milA1\-B U'l'tO'tNe-eN--'j.'HI S S I l'E. 1'H-E-Hf'l'-EiR-5-E6-N-6N-8F---JUH-E-T-BL-V-D-AND------ IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND -..,------kNy---HTett-ltS.!tAeE-We-1:H,f)-I-MPBfJE-EMERB-ENtr't-v-BH-I-GbE&.--WE---O BJEG-T---~O----_._---_ ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT US~AGE OF THE PROPERTY. ---._---~--_.__.,._-_.._.. ._"._._--~ DATE NAME ADDRESS _J..liJ:.LO!L ex u.-1;/;:h 1_v V l.t P L /, ,,/ -1!rlt~-11r;!~~~ db ~/o 7 'C:)70/rr,r3reuM#' -3~!~'O..:.JJ~/i{~/Ql/.s Isf -~liu.Q]_~C>ILI~i _ - 3p~-Z.. \ );.;vNd ~)lS.e I -~~:t~-~~~~ 6ft? {.JjUYi--u<~0i~______________ 6-n.f ~~iJf2J- 0,-rj (u ?'1~-'LCt~~-----\T_ ~~~'[~ Z:;!5'd~ S'<Jj, t '\ ~{f~Jl~t.\,Di1__~Z2()3_____. 6" t/f~J,~;tJ~fi-7-b)---- --------------~-. b &07 ~~_--Ch:.-1=-:?~-- ..,:i-' --.__._.~---- ---.. ~_.__._._-----_._-,-_._.._~_._. -,..._- .....".- --". .,.... '-.. _._--_._--_.~---- --- ---~-------------------------.--- -..--.--.----...--- .. ---- - Agenda Item No. Be November 27, 2007 Page 56 of 127 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD ~MERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. W J; 1 He-RESTl)"ENTS-OF-'l.'I1~'fRA-Nrr-e'F'F-i:MMe!ffi-1:;EE--B-T:;VD-0 B-.J'EG-T--T0--ANY--- ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR -STM1tA1l.J)tJlI:;Dl~N4.'tI-I--S-S-J:TE , THE-rtff-E-R-&E-€-HeN-0F--J.ul:rI-E'l'~Bb-V-D-AND -- IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFlCED AND _________---,'\~-U-8'EA:e-E-OOtft-D-I-MrED E EME-RtrE-NtrY-V-EH-!:-6hE-&.-WE-GBJEG'f-1'0-------------- ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY, ---.---_.~~---------------_...._-----_.---------'-_._- NAME ADDRESS ,._.._--~----_._----~_._._-_._...._. - . lJ/a$a.L1;t!f~--itt~ . _-fcE'o.~ If*FL=--~41~ Q-.---- l-C1,.o\..l_n. LA"./1--".__ 'p I.,~., ' I " ' I ~;i..' .~------_._----_._-_._--" _ ---~~---_._._-~-._----- .--.---'-' ..,---.-- - _._-_..__._~-----_._----_.. ."..-----.. ,.---- Agenda Item No. 8e November 27.2007 Page 57 of 127 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PliO waRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. WI; 1 HI; KE.S I DE M6Iffit-EE-B-!:;V-El-OB.,)'Ee<r---'PO-ANY------.-- ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR [, IMILAR etlI~N-'i'HI 3 311'E. 'filE IN'ffiRC ECTION-ElF---d-l:l-b-l-E'r-Bb-V-D-AND.---. IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND ANY !'IIGI'! USEAGE WOULD WrEDE ElIERGENCY VEllICLES. w-E--G.~'W------_. ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY DATE NAME ADDRESS ~---- . 3 01___ -_ i '. _.;.;.-:...' i; - Agenda Item No. 8e November 27 2007 Page 58 of 127 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD ~MERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE, w t; ~ H ~ RES I DE (}fflJ:;EE-13-J:ViT-0 B-df:e'f--'f0-ANY--.------- ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR SIMILAR BUILDING ON nus SITE. 1'1lE INTERGE-6'f-Te-N--BF-J-IJh-H'f-BbV-D-AND---' IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND ANY IUCM USEAGE WOULD IMl'-BfrE EtlERGENC'J VffiH-E]hES, ltlE--G-MEG-T-'W------ ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY. DATE NAME ADDRESS 6~pl \~re~ ~v,'~~~-~S}__~::~::_:= -Y-l n V\A-w \\0, , r\ ,J -. -:.:.:...: !P Agenda Item No. 8e November 27, 2007 Page 59 of 127 . PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION pl1t) ~NERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. W~ ~l1g RESIDENTS OF' THE Sn.ANB oF-F. IHM(}!fflJ:;E;E-ilt;VB-GIBf:6'P-'F0-AN-Y-----m--_.-- ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR S I I'll tAR II U ILO I N\H1N-fitt8 S aE . THE I N'PER:3 ECT-HtN-BF--J-B-bf-B'I'-B LV-I)-AN D.-m IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND AW, !lIGH USEAGE WOULD WrEDB-BMBR-&EN61c'--VBlH-G-bES. I/E--G-I>J.EG+---TO--.------.-. ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY. DATE /9' /PI1--R. . ,. " <- I.' 11. 1/'- " it. " I' '1 11 1\ II I) NAME J1J- j) l-?JI S EXTe /'1 J e--f lJecJ L'u J 0-0 Iff RJ-1J 0 tv I vco..(J1Jzs",!y 4& I 5 T&:(?(-.j tlv' -v'. () WIN cf p.(L Q\r C \ vI, d 6~-N ~ \ I \f?-.f' \-Q'-! CTe-~ (!-l<€ '1M IS ADDRESS ,.---, 51?/' /A",(?,?'ry f),€", /cfCJj?:_______ 5 '76 '7 tk,f ~ J;vd>< -t:I- L "71:::.3_______ j.-(71 '7 'Tf-/J ilt-f (.> k ::if. ((., 0 1_ S77; IV'-'}1I-,{ tJrlJ!.f(~l\€---- 6"<0.. 'J ;;Z 17 P/--I >' 011 t V t: -,;p 3 (7 2- .... ~-~_._-~_._--- 1\ ~\/ \ 'lit -i:P f t/J3--- ~ q \, ~ '\ V\,,0 ~'I~ ~. :2 o_c)J___ 60:3! 1f2oCrJt( >>,( -=JbJ-Oc.f i.: _:':':l<..i . . i! .- Agenda Item No. se November 27, 2007 Page 60 of 127 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD wcrRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE, --'WE"THE-RESIDENTS--OF--THl~--STRAND-OFF-nIMMOKOLEE BLVD--OBJECT TO- ANY ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR . . ....SIMIL'AR-BUILDING..ON4'H-IS--SITE..'nnTHE.INTERSECTION OF- JULl ET BLVD AND IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND ---ANY-HIGH--USEAGEWOUl:;D'-IMPEDE-EMERGENCYVEHIGLES. -.. WE. OBJECT. TO ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY. DATE NAME ADDRESS ---c. ---L.JJ:,n-Tlm---~-_--__n-______.._-.-.. .'_m h~=-d n ~:~~::l~~~====-=/'(-/.J~~:'b, 1~~~3 3,'::' :3 ~ ( 5-0 7__f~_r;;~_<...~b__u________n_____Ei.f}jl_l/Lb{-JtJ~~-( ~v <-( . . 3. -/5"-q?--_2~o:~~dL--- ______nn_..___n~_ffl~~~. ~I ltJ::< 3 - ;;"0 -(l'l.-..-jlll!JJ!~=------____-_n---_-------~~'}L/K.Pf'../I,V DR. fr. laJ u . -- r--- I ,\ ,--; ,;{~:_,Jj kj_:<'-'~;{;:~:,;:';r-~--. MAID OF COON'l'Y COMMISSIONERS . COLLIER COON'IY. FLOIUDA, - ',.;. .... ~ ,_ '~"'j' () . -j,:.., ". ....., ~ ';~t, ':.... ,~,"._'b.,..". ' -, ~hl~f":- ,N', ~...-.t is n'l~" ';.j -0 q..' '. :x: _".,,-,11,;. ~ - - DRDIHAlIC1< 86-~ All Ol:OIlWlCE .IMDlDING ORDINANC1< 82-2 TIlE COM- PRLBE!fSIVZ. ZONING REGt1U.TIONS fOR THE UNINCOB.- PORATED ARt.A OF COLLI!! COUNTY, n.oRIDA BY AMENDING THE ZONING ATLAS HAP NUHEER 48-26-9 BY CHANCING THE ZONING CLASSIFICATION OF THE HElEIN DESCRIBE:D REAL PROPERTY FRQH A-2 TO "POD" PLAll'FED UNI'l' DEVELOPMENT J::NCMl AS mE STILES CORPORATION FOR t 18.7 ACRES OF INTERCHANGE C(Ro'J{ERCIAL DSES (MOTEL BOTEL, RESTAURANTS. ErC.) FOR PROPERTY LOCATED OR THE SOU'I'H SID! 01' IMHOKALEE: ROAD. AJlPROXIMATnT ! MILES VEST OF 1-75, IN SECTION 30. TOWNSHIP 48 SOUTH, RANGE 26 t.A5T i AND PROVIDING AN EFFECTIVE DATE. ., '" ~ - r- n"~ mr-F= ",m~ ,... ~i:: :~ ..... :2.: :::'=:" ::'-;;:-; ,.....,.: W1IE1U'.AS, Hihoo. Miller, Barton. 5011 and Peek. repn.ent1IJI tbe Stil.. Corr~r&tlOD petitioned the Board of County Comai..loner. to change the ZoniO& Cla..ification ot the bardn dUcr1bad real , property: NOW, THEJ.EFOR! :BE IT ORDAINED by the :Board of County ~siOD.rs of Collier County, Florida: . ) .J' SECTION ONE: The Zoning Cl...ificatioD ot the herein d.scribed r.al property located in Seedoa 30, Tovnablp 48 South, bage 26 ta'.t. Collier . Count,., Florida 18 cbaose4 frO*. .1..-2 to "PUD" :Planned Unit DevelopmeDt in accordance with the POD 40cumant .ttached h.r.to .. Exhibit "A" which i. incorporated,herein and by reference ..de part h.reof. The Offici.l Zoning Atlas ~p ~umber 48-26-9, aa described in Ordinance 82-2, 1_ her_by amended .ccor~ingly. SECTION 'IW: 'I'hh Ordiunr'l shall bec01II4I .ffective upon recll1pt of notiee "',that b h.. bua filed vitb tbe Secretary 'of State. .~t\i :., 'DATE: r',.'" August 26, 1986 . . 1..........4J ...ll'ftf,$~D 0'" . .'~ "JilltS .0.. lIigS. CLERK ~ ~ .... ...~.....~r',. v. ,. f.~~./ ~y':.-- j.;;..~~:.~,. ~ ;q. "." - :, g 2:.... ,"~l".',:,/'. . - , , . 'Th" ordtnonc:e fll<<l wlfh ~ . c: :;"",'.:~ tf,'lr"\ii'>-)':1. .. '.. 's.::_ryofStp'IOff.kVlJll _ go .~-.... '-il'1'~\'Ell)U,.TO"rolH AIlD LEGAL Sum:CI1JI~dayof,Mp..o:lZ.' <;.; ..;..~~...<;. and ~~f that ......" ;~~.'j~~d<'1 ~~~.1ifA. cloy . I.. Ilil.UCE ANDJW.ON ~. By (.JMIe."'-J,J....-(_ ASSISTANt COUNTY ATIORNEY "Crrpurr ~ lOOK 024"lt184 I-86-10C Pun Ordinance ..~, m U'. '" 7J ~ fT1 .." . " co ,.,.., : 'i.l t'l C. ""' c- '"" .. ., \:~~ '~'-'J "', -,; ~-. :'-1.'" ~,., - - - ~ ., .'y" :~ ~):,' :,' """" ~. 1r ::';':J' 'I ' ~. ~', :- .:~ >. I:. : ~I ~ " I, '; .-~ .'. '. .~:;~ l' . .,r., PLAllNED ONI1' DEVJI:LOPKnT DO<:1JIlEft FOR srILES CORPORArIOa PLANNED ONIr DSVl!:LOPKnT (P.D.D.) Section 30, Township C8 Soath, Range 26 Bat Collier County, Florida ".:\ "':'Ii r.,.,.,.;..."....,:.,; ~I'; Y:"-;~f;'1: .- " : PREPAJU:Il BY. WILBON, MILLER, BARTON, SOLL , PEtK, INC. EIlGInEERS, PLARRIRS , LAIID SCRVEYORS 1383 Airport Road North Hapl.., Florida 33942 '.. ;'-' '::,;>,,~ '. C'::I'-r '(. ,\ ~::'f," ~ ... . ,'- '.',:' , ~ .' .;,:. DAn , , ORDINAIICI !lllIlllIR ........, 86~58 . .' ., ::' IDOK 024 w.r185 .... '-. ~ ,':-: ~:;~:~;~~~':: !~.' ;....'.J ". ~ I",,;".~ '::1.['; ~:7{&r~;~rf -,,_.._-,_._.~- .... -_..._---_.._._.+---~..---_._--~---_. -,~'":.~..";'".;-...,.,; - . ,. f '. . .;....' .:- ~.i!.:!;;: . 1f.!a . .- :1..' ,'A_..., .. ~'.t.l<.'" . ,'1" ~''', :i,f' .~ '~~".::'.':' ,.:;:.,~.' :t..:' ~. :~~l:' ;\".: ~ SECTION I SEC'I'ION II SECTION III SECTION IV . - - ~ List of Exhibit. Statement of Compliance Property Description and Ownership Project Development Permitted Uses and Standards General Commitments .' 1001 024."d86 .' - ~ 11 11i 1-1 2-1 3-1 '-1 { ....-' ." ,;,- ""i ~~.. .-,. "j.- ~.' , --_._--~..~. -...." . ._'~... - ....... ~ ; ~ ' .. ~ EXHIBIT -A- EXHIBIT -S- EXHIBIT .C. ~c ~.:~: 1.~1-'.' . ~'1. 1';" ~};. '.. t~~ii~,{ ;::.- '~lj,,,.,, .~,~.:-,~.::: .~(. .~~'~-" _:f,...,;.;:;}.....~....;:.~.;-;.;::.....:-'...:: .r LIST OP EXHIBITS P,D.D. Master Plan, Aerial Photograph (WMBS'P Pile No. RZ-133, Sheet 1 of 2) Soils , Vegetation Map (WMBS'P Pile No. RZ-133. Sheet 2 of 2) Boundary ~ Topographic Survey (WMBS'P Pile No. 4L-389) .' '. .' " ii IDOl 0241ld87 ..' ~,"'1; ~..!~J:" _.-J .', \)_;)'~+." '.'f;';:.::~r -; ~:,~~:;j : "~~~.>;'::' ,. .~, I . .~~ -. ~ ,. ,--. " ~':: - - - - STATEMENT OF COMPLIANCE The development of approximately 18.7 ac~e8 of land in Section 30, Township ~a South, Range 26 Eaat, Collier County, Plorida, will be in Cott.pliance with the planning 90a18 and objectives of Collier County as set forth in the Comprehensive Plan for the f0110..,1n9 reasons: 1) The subject property is located wholly within the inter- change COmmercial node a8 identified and described in the Comprehensive Plan. 2) The subject property has the necessary rating determine the availability of adequate facilities and services. points to community 3) The pe~itted uses to be Included wIthin the project are primarily intended to serve the travelling public Using the interstate system, and reflect the highest and best use Ot this property. 4) The regulations and standards for development of corumercial uses On this property shall be governed by this P~O.D. ordinance, as required by the Comprehensive Plan. 5) The project development i. planned to incorporate natural systemr. for water management and/or landscaping in accord~nce with their natural functions. :: jL " Hi 1001 aZ{ pw 188 . ~i .~-" ; .. ,'; '1 ~.}~~ ,"'i'.' ,(.:.,... l . . I :. '~i' . ';<-';i:~' ".;:,.;;}~ :O'~. t. ",. 'i.l~ !.'(?:::::!P{':'--~!~;' :~-I-':f;.';'.~ ~~i7i.%~ , \~)'I , / ~ ~ , -'1 '. i \.':oii:,,~L';,:J~.~~-r, Jl.. _ '_'~ J r,.~,.,\, - ~" . '} - ~ .?J. ~ J-.~;;':. f:l~~t.,t','.'-:o'trt-, ::'i \.;.. ~'1~'~::';~ f;~!.,Jti:J ~ f.;,,~ta~';., t.:: t" ,t,"" /1-:;;: ,:lr(~IJ.;,\:''\f)~\../\~' '.~~r/~r:':t.'. I,~:;,:/~~-~~'~~r i , ::t' .,f"'''''I'~'j "~~.~;J:,~l~,~~i''f,)tf~'.~C :;~,; \.'. ',"'X-'.W: " "'j;'_l".J.. .~.. 'ri ;,..-" S;:rl.... I -! ~.:' tf"-$ \' .",::,"r~,}j" "t.,;, 'I" ) ''ij'.1 J.;~~..~t~;<~ ,..~~.' ..ip~) ;,d"r't'~~'~ "'",,'<< ..' "'l:~"'~ . J-'''''''''' ~tl~?,t.. (~:.hl:j' '. :'\.t-'! ~r;.' . ~~f. .:~ ,1;tJwr : '~';""f,. ,',,' ,. ':4:~'; l "";,/" 't, 'd;\:;,i '. :i; ;",,> ..-,;,;..t~;"." , ""~"+:'l';'''! " . '. ,.:, ;://"'l-.i u .. _;':';{:,\, " '...: ,,'; 'f~ - _ _ :;;..,;;\ ,,~,,~~~A1 .' "',: :1,,,,,1,~~ t.. , : ., ....:(:~l:~.,~_~: -;,:~-~~r'~ '~.::. ',..'. - - .- SECTION 1 PROPERTY DESCRIPTION AND OHNERSHIP 1.01 INTRODUCTION AND GENERAL LOCATION It is the intent of Stiles Corporation (hereinafter called applicant or developer) to establish a Planned Unit Developmp-nt (P.U.D.) on approxiMately 18.7 acrea of property located in the southvest quadrant of the interchange between Interstate is and Immokalee Road (CR 846), approximatelyl.5 miles east of Airport Road (CR31). It io the purpose of this document to establish the standards and guidelines for the future develo~ent of this property. 1.02 LEG~L DESC~IPTION HeBt 1/2 of the Northeast .30, Township 48 South, Florida. T.03 OIINERSHIP 1/~ ot the Northe.st ;/~, Section Range 26 Ea~t, Collier County, The subject property is currently under the ownerShip and unified control 'of Terry K. Stiles, Trustee, 6400 North Andrews Avenue, Ft. Lauderdale, Florida 33309. .;: !' :~. ",.'. .... . ., ,'._;..~~:.~\;~~ . " ..;, "! ,-, IDDK U24rm189 .-'. . . : ~ ....-~,------._-_.,,'-- ...., .._--~-"'_.,-_.__..,.~.. " / ~._-- -.--- - " ~: ' , f' i .::- ";, 'f;'" '," . ". 2.01 ,PURPOSE SECTION II PROJECT DEVELOPMENT The purpose of th Is Section i. to generally describe the plan of the development and delineate the general con- ditions thot vill opply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The project is a planne~ interchange commecclal center in- cludinq a mixture of interchange oriented commercial facilities, and water man8gement related elements. The P.O.D. Haster Plan, Exhibit .A- is attached. 2.03 COMPLIMICE WITH APPLICABLE ORDINANCES The project Is intended to be in substantial compliance W'ith the applicable Collier County ZonIng and SUbdivision regulations as well 4S other Collier County developnlent codes in effect at the time permits lind/or plats are re- quested, except as noted herein. :2.04 FRACTIONALIZATION OF TRACTS A. When the develope'r 8ella an entire Tt:'act or a build- ing pat:'cel lft:'action of a Tract) to a 8ub~equent owner, or proposes development of such pt:'operty himself, the developer shall provide to the Administrator for ap- pro,.al, prior to the. development of the tract by the developer or, prior to the sale to a aubsequ~nt owner of such property, a boundary drawing shoving the tract and the building plIrcel therein (when applicable) and the sqUAre footage assigned to the property. . Thedt"A"inq shall also show the location .and sIze of acceSB to tho!e fractional parts that do not abut a public street. B. In the event a commercial tract or building parcel is sold by any subsequent oWn~r, as identified in Section 2.04(Al, in fractional parts to other parties for development, the subsequent owner shall provide to the Administt:'Ator, for approval, prior to development of the tt:'act by the d~veloper or prior 'to the sale of a subsequent owner of a fractional'- part, A boundary ~rawing showIng his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also shoW' the location .and size of access to those fractional parts that do not abut a public street. 2-1 ICOI 024 'IOt 190 ., '.,,_,:~i: ,\> +.M, "'~';'l~,.J-' .-....\".r~r. ,. ~.':~':~'.'c~:'fr ............ ......~. >. ':'"1..' j ..., - - - {- -:' ,. ,"f,,; /?: ,'t{, ..~/;.~-t~ :>'<"'t;'~'~ ; "'-v~..i" \~i~;'J.; , . ::/tJ~~ i; (. c. The developer of any trAct: or building parcel must 8Ub- mit at the time of application for a building permit, a detailed plot plan for bis tract or parcel. Such plot plan shall show the proposed location of all buildings, access roads, offstreet parking and offstreet lOBding arebB, refuse and service areas, requ~red yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures. D. In evaluating the fractionalization plans the Ad- ministrator's or hi. designeels decision shall be based on compliance with the criteria and the development intent as set forth in this document and the reasonable accessibility of the fractional parts to pUblic or private roadway., common Areas, or other. means of ingress and egress. E. The maximum number of individual tracts to be fraction- alb:ed for principal uses as atated in Section 3.02 .(A) shall be ... parcels. The llaximu1lt number of individual tracts to be fractionalized for principal uses as sta~ed in Section 3.02 (B) shall be ... parcelS, however, 1n no instance shall there be more than 4 parcelS with frontage on Immokalee Road. P. If Bpproval or denial is not issued within ten ('0) wor:<ing days, the submission shall be considered AU- tomatically approved. 2.05 LAND DSeS Table I is a schedule of the intended land use types, with approximate acreages incHcated. The arranqement of these land use types is shown on the P.O.D. Maater Plan. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual tractu and the assignment of specifiC uses thereto shall be submitted to the Administrator for approvel as described in Section 2.0.4 of this document. TABLE I LAND USE SUMMARY DESCRrPTION :{i;',':: ..::... .. {it::~: ~:m!:t:;~ management :t-dl.';" , Utility site. r~:;f,',tl.~;;. ~.,-;" Ac ce I a/Bu f fera/Ki s c. ,\,y . <,'"., '. It,.:... "'?t ~t; i:. ':' ('.1. )i; '. ," - ~. i ~., ., .;. ~ . r APPROXIMATE AREA (ACRES). .,..;;",' ,.,'~~W;::'7~:k. t.;~.'l.' w. ":~' '~i"'''( l '.).~ \ ;-r,,~+;l-~., " .:.",",{!.1.8!:,t~:!.~;.~ ;'::;;"".;<;' J<tlr.~" . :: ;\:~~, Q:!:} .~';::r,: ,.:j i-.;~~;i: 1.~:. " '. ,"~ 7:!;.\!.. "...,.. ,.,',:.'..1' ",\!".,; .'" ?,r1j.5+'I'~. ""'~'ff,~.~.~:-y,i' . ""I"7:""""'II'J'.,.. .1t..~ -'.f-" f.!!j". ~' ID.,1:.:'......":..".. '~,' ~..>1. Total Site Area 2-2 ',,'. -1m 024mr191 .-..,.~,'~....,,~...-...._<< ._-_.__.. . 2.06 RESERVATION OP NATURAL VEGETATION AND TREE REMOVAL 2.07 EASEMENTS FOR UTILITIES 2.08 EXCEPTIONS TO THE SUBDIVISION RZGULATIONS :'1:.:. , ,_ ~. d. .~" , :JtJ/~'{:H~~!. ,~. ~ -". .;. , . - - - ., .i " ~ ;.; '( '; .'-,,'. -;1 .: " .: ,r~; Clearing, grading, earthwork, and site drainage work .hall be performed in accordance with the applicable Collier County Development Codes, and standards and commitMents set forth In this document. Easements shall be provided for water canageJllent areas, utiliti~8 and other purposes .. .ay be neede~~ Said ease- ments and improvements shall be in compliance with the Collier County Subdivision Regulations. ~11 nece~sary easements, dedications, or other instruments shall boe granted to insure the continued operation and maintenance of all service utilities in comp'lianee with applicable regulations in effeet at the time 8pprovals are requested. 1. Article XI, Section 10, monuments, valves. 2. Article XI, Section 21, Utility casings (prior to con- struction. 3. ~rticle XI, Section t7k, reverse curve, Bu~ject to County Engineer's approval. ,,~ ' " " "'." ., <, ~ . , ' 2-3 IDDI 024 PI,,! 192 i .. ",d"''';:'I'..''~ ....u:.cj~,~:. .~' 'iI,'~'~'.. ' ~:";'~f ~ . '.. , ,I, ~fJ ,'~ I. ,\ 'u. ,.., t.'.. ~ ...f:M'\l''l:t'';I :'::'N(~%!~}.. it,., : q a .-,_.~._-'-~---_'- .~---,-,-,---- -- .- - November _ _ Page 7 j: .....,. :.~.';Jt~\.{,'" ..,'" .'. ~.'vM" .,.!~tl~i:~ . .'. ' .' .~...' , ,:', r.=f :,.,~l'J ~~'-S' ":.r:l."~'I.";~'.!7:~ ." : 'r\ " ' SECTION III PERMITTED USES AND STANDARDS ~!! The purpose of this Section is to set forth the permitted uses an~ development standards for development of the project. PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A} Interchange Commercial Permitted Principal UseS and Structures permitted throughout 18.7 acre pareel. 1} Motels, hotels, transient lodging facilities 2) Restaurants, (full service only) J) Business/professional offices, office/storage, banks. ..c 4) Rental car agency. 5) Water management facilities and essential services 6) Any other commercial use similar to the foregoing uses and which the zoning Director determines to be compatible with the intent of this development. B) In addition to the above described use., the following Interchange Commercial Permitted Principal Uses and Structures are permitted and limited to the northern interior ~our hundred feet (400') of property fronting Inunokalee Road. . A) Automobile service stations B) Restaurante, (fast food and full service) C) ,Convenience commercial stores DEVELOPMENT STANDARDS A) Minimum Site ALea: Type A uses: 1 acre Minimum Site Area: Type Buses: 1/2 acre B) Minimum Site width: One hundred (100) feet as measured at the front building setback line. C) Minimum Yard Requirements: 1) Exterior Boundary Exterior boundary - building, p~rkin9 and impervious setback of 30 feet shall be provided on a western and southern project boundaries. This setback area )-1 aOOl 024. mr 193 " . -~. - --------- - - - , " &;\';,\!~",,"'."" , .. ~.:t!~~:i~(~.z.,~~~;; .~;". ',.:.: ~'iJif~'i'!''''.I,_,"i.<'\. , , )~4"f,::t:";':(~:": it,..,....., .~ ~. . ~, . -~ ~,. "'. ~ c-' ;,; " " , ; >~:r.~~:'1~/':: ,:~.r.: .~ "~ j.,;,)~,....t:C'.. '~.i - ;',;-t,~W;!;~;:;\::, .'l' ,J .:'" ,I ~.~ :~. ._..r:;' .;,~~ !. -:"~' ," :;,'" ~, '.' , ' ./'.:: ',~ ;-,',,';. , ~~. ". 1" .~. , . ~ . '-~ h' Rh~ll be kept in na~ive natural ve~etatlon existing on the site. A berm averaging four (.() feet ahall be provlcjed in areas oenerally volcJ in native vegetation. Additional native vegetation shall be planted if necessary to obtain the opacity required by the zoning ordinance for a buffer. The buffer I1hall meet the opacIty requirement by the end of twelve (12) months from the date of Issuance of the first certificate of occupancy for the parcel. Buffering shall be phased to coinciCle with (Ie....elopment. These standards will not be required if the property to the weat and/or south is zoned to a nlmilar commercial use, in which case a landscaped ten (101) foot bullding and parking setback shall be required. r f the property to the west and/or south is zoned to a non-residential, non-commercial use, the above buffering requirements shall not apply and A lZlndsc~ped fifteen (15) foot building and parking netback shall be required. h landscaped ten (10') foot building and parking oetback fr01!l the eastern project boundary shall be maintained. 115' J foot building and northern project boundary h landscaped fifteen parking setback from the Ehall be maintained. Limited water management facilities [i.e., swales) may be located in this setback area: however, every attempt shall be made to limit the amount of tree clellring. The landsclIpe plan for the :butfer shall be incorporated into the landscape 'plan to be approved by the Natural Resources Management Department and Planning/Zoning Department prior to issuance of bulldin9 permits. 2) Between Principal Structures ^ distance equal to one-half the Bum of the height of two adjacent buildings shall be provided. 3) Fractionalization PlIrcels A minimum fifteen foot (15') building setback shall be maintained from all fractionalization boundaries ~s described in Secticn 2.04 of this document. 3-2 ,- ,..... 024"r,r19t ',-,~, . ~ . ','.-:' IOQ( " . '. ::'~:'~"~ ",: ;,/<;'~ 1.:r;i:l': ,,-,~,,;i.'{J.;,",.:~}<',r. "...~"..,. -.'f.!:f . r, . ,-'.~1\J-'~.', :~:_ """"r.'l" ~':1.-,j;,;.' <11~l~:.f\" ~:' t.qt~ ~ . ~ .- '.--;;.' iJ.l.. l&ii' f~~.; ,;'I~: ~ . ';,', .', .. .] Interior Access Orive A minimum fifteen foot (IS') building setback shall be provided along the interior access drive AS shown on the P.D.D. Master Plan, Exhibit -Aw. 5) Gasoline dispensing operations shall be subject to the setbacx requirements of the Zoning Ordinance in effect at the time permits are requested. Three (3) stories throughout the 0) Maximum Height: project. E) Hinhllum Floor Area ot: Principal Structure I One thousand (1,000) square feet per building on the ground floor. Exceptions to this requirement for special pur- pose buildings may be granted by t~e Zoning Director. F) Maximum Density - Twenty-six (26) units per gross aare of larad for hotels, motels or tra.nsient lodging fncilities. Fifteen thousand square feet (15,000) leasable office area per gross acre. Seventy five hundr-ed square feet (7500) le8seable area per gross acre for all other listed principal uses. A maximum of 10,000 square feet of Banking Facilities shall be permitted. Density shall be determined accorcHng to the fractionalization parcel in accordance with Section 2.04 of this document. G) Unless otherwise indicated in this'dc..cument, Ilinimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permit!. are sought. S) Al though parcela 1, 2, anCl 3 do not have, access frosa Immokalee Road, the site should, if possible, be d~si9ned in such a way so that the rear of the site/building (i.e., loading, solid waste 'receptacles, etc.) Is not oriented toward Immokalee Road. , , " 'i..._:' .. lOOK 02~l\[195 3-3 "'-,',:' t;::....':.:.-. 'J,.-'~' "' ';"; ., ~~:{)";' ::';--.. .j: ,~\.- t.. "., "',.., , :~k." ".' <'.'-' t: 'f.'f)*':~'~. ~"" ~J1,(;",t, ' I ~<,.: .' ,', , '. ;~~':~~' l,,:,1tJ', .. ~~1.l:.~',',' . ~",;..,," . ~';,i _'}.'\~ . , ,;.', ~ ' .> .~', SECTION IV GENERAL COMMITMENTS ..01 PUHPOSE The purpose of this Section 1s to set forth the general commitment. agree~ to by the project developer. A) WATER MANAGEMENT 1) Detailed site drainage plan shall be submitted to the County Engineer for review. No construction permits shall be issued unles8 and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. 2) An Excavation Pe~it will be required for the proposed lake in accordance with Collier County Ordinance No. 8-26, 8S amended by Ordinance No. 83-3, ~nd AS may be amended in the future. B) UTILITIES ') I'otable vater lIay be provided by either a central r.ystem connected to the Collier County Water System, or by on-site wells end treatment facilities, should the County system be unavailable at the time of development. 2) 11.11 areZls of the project shall be servu~ by a central uAstewater collection. system and by . WAsteWAter treatment plant. The plant shall be expanded to meet the project demands and shall be phel!'!d=-out at 'such time ZlS a County system becomes available. 3) The development shall be in cOllp1iance, with e.ppll- clIble county law8 and ordinances qovernin9 utility provisions and facilities. ') 'relephone, power service Shall be made available to the site. 5) The Utilities Division stipulations per their JDeMO dllted Hay 7, 1986, are attached hereto and incorporated herein by reference. ~' ~ ~; '; " , ,~ \,,- ~,. , ;F-" ~! 4-1 1001 024 ",! 196 .;,- {:, "1; I..'.,.,:. _:,,' . " ;j '~,- :';'.:tt::'~~ '" ' _ _,' .""! 1'.;t. :~'.., _ ~ ", ',"''''f,,'2lli \ .,:.~..}:.:~:t~~;,W~"~' r't:~. . '. , .... - - - "'. ,). . ", ~ ".::t " C) TRANSPORTATION 1) The developer shall provide left and right turn loneo on Immokalee Road at the project entrance. 2) The developer shall lIlake a fair share contribution toward the capital cost of a traffic sIgnal at the project entrance when deemed warranted by the County Engineer. 3) The developer shall provide arterial level street lighting at the project entrance. 4) The above required imp~overnent8 are considered ~site related- as defined In Ordinance 85-55 and shall not be applied a8 credits toward any impact fees required by that ordinance. 5) Based upon the existing four-lane scction on CR 846 under 1-75 and in consideration of a future six-lane urban section, the needed right-af-way is reduced from 50 feet to 25 feet and the right-Of-way donation is propose-d by easement agreement. Since the t" ight-of-way donation is essentially to be used for access improvements under the four-lane condition, the donation should not be subject to a road impact fee credit. Also, the land upon which the e"sement is to be located vill remain the property of the adjacent p~operty ovner in consideration of landscape type improvement. 6) Since drainage under. the future six-lane urban condition' will require an additional outfall and since the Stiles project incorporates -an overflow cross drain on CR 946 into the canal along the north side of CR 846, another road~ay condition for a' future multi-lane section is to allo~ road runoff to exist the roadway system via the proposed cross drain. Accordingly, the County requires access to the crOBS d~ain for removal of excels roadway runoff in the futu~e multi-lane condition. 7) As currently proposed, th,e extension of the existing four-lane road section to the west end thru a common median opening for Regency vtilage and Stiles Development is highly recommended. Such an extension of a four-lane facility will be Bubject to A fair share road impact fee credit as. applicable to the added thru lanes. Also, by extending the four-lane segment thru a common intersection both developers will be assured of a median opening under the four-lane condition. 4-2 ,cc~ ~4l'I\!jl!l"7 ii' "f,;.;.~: ::t-~: ""', ..~ >;,'"". ..,-----,---.,,~ .'--. .... . ....."u. ,,~,. "_,,. _....p--_.,.,-_......_..,~.- - - - " .,ff~ A;W~i4i':!i';'/': . ," ,::,;.,;.~.?\j'\;;~:\:i;;;L:':!.i~'h.Yi :h~ tl--~'i~~'" f:'" . . . ' 'l;~i''f~,l,~;tJ,.,',',:"t.i,,~.,,}\~r: "j~ !tl~~~~<~11 ~~~#~;9~ ,;, l;::;/~ ~:;:-Y~:'i"IIASTER PLAN' .. ~,::\~ A P.D.D. Master plan (wMBS'P File No. RZ-1J3, Sheet 1 of 1. 2) has been provided to assign land uses within the ;'-;;" overall site. In order to facilitate necessary modifications and changes, while preserving the overall intent of this P.D.D., .a described in thia document and depicted by the Haster Plan, all phases of project development shall be required to obtain administrative approval In conformance with the Collier County Site Development Plan Approval process. E) PROJECT DeVELOPMENT The intent of this PUD la to be In compliance with the Collier County Comp~ehenslve Plan ~hich state8 that .Collier County i8 a unique community and the land uses 8urrouncHng the interchanges should reflect. this. In many cases, the first qlimpse of Collier County that visitors see is upon their exit from the inteI"state~ Therefore, the 8urrounding land uses should exemplify the quality of life which Collier County residents" have come to enjoy and expect~. To comply ~ith the intent of the Comprehensive Plan, the petitioner Agrees to meet the fOllowing criteria: l' To retain on-site vegetatloh and to provide land- scaping using but. not, limited to nat"~ve species as much as possible to preserve the integrity of the environment, 2) To provlde an integrat.ed site plan whi"ch provides for integrated development of the parcel anc! 1ta relationShips to surroundIng land, 3 ) To establish an architectural with tho Applicoblo Collier Standards. theme that complies County ~ Codes and ...) To provide internal pedestrian access between all parcels and uses within the development~ " 5) To develop the sites along Immokalee Road in"such a w~y a8 to provide the appearance of the front ot the property avoiding or effectively screening loading areas, trash receptacles and the..like. < ~'! , " ';);:\~~l~ft ~-3 " . '4:.~ , 1001 Uu'm 198 i ,',' " ,'" .'" - .~----- -- -~~ ---- ~"_._~--,--- - - - " ;. '.~ ' " ~ ',;. " ',,' , , "-". ..J:,' . . ~ ' .., .': ;I ';" F) ENVIRONMENTAL 1. A site clearinq plan shall be submitted to the Natural Resources Management Oepartment and Community Development Division for their review and approval prior to any substantial work on site. This plan may be submitted in phases to coincide ....ith the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roadst buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2. Native species shall be utilized, where available, to the maxiMum extent possible in the site land- scapin9 design. A landscaping plan will be sub- mitted to the Natural Resources Management Depart- ment and Community Development. Division for their revieW' and approval. This plan ",ill depict the incorporation of native species and their mix .with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or QUe to past activities. 3. All exotic plants, as defined' in th~ County Code, shall be removed during elllch phase of construction from development areas, open spaCe ,"Ireas, and pre- serv~ AreAS. Fol1o~ing site development a maintenance prcgram shall be i~plemented to prevent reinvAsion of the site by such exotic specieB~ This plan, which will describe control techniques and inspection intervals, shall be filed wlth and. ap- proved by the Natural R~sourceB Management. Department and Community Development OivIsion. 4. If during the course ot. site clearing, ~ excavation, or other constLuctional activities, an archaeOlogical or historical aite, artifact, or other indicator i. discovered, all 6evelopment at. that location shall be immediately stopped and the Natural Resources Management Oepartment notified. DevelOPMent will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salVAgeability. The Natural Resources Management Department will respond to any such notification in a timely and efficient mAnner so as to provide only a minimal interruption to. any constructional activities. 4-4 ~: ~ ).. lOOK fJUPllt199 ~~ ;;. ~ . _..~.,.~._--,._~._--"-'-'--'-_. - - - Agenda Ite Novembe'r Paoe' j ',,"," ",' ',.' ,'r ;: .~ ., " . ~~ I~ 'd ,'",' .j ;,1 s. The lake should be designed ldth a littoral zone that allows for vegetation along the western edge, and that the excavation de8ign shall be submitted to Natural ResourceS Management Departllent for review and approval or disapproval. 6. A retention system shall be constructed to retain pollu~ant-laden vater for awhile instead of allowing vater to enter the lake immediately. G) OPEK SPJ'.CB 1. Open 8pace shall be provide~ to Meet the requirement. for a COllUDerclal PUD under the 20n1n9 Ordinance in effect at the time permits are requested. H) EKGINEERING 1. The proposed entrance to ReqencyVillage of Naples, on the north side of lmmokalec Road, is near this project. This entrance should be shown on the master plan and the road of Stiles Corporation for this project (Stiles Corp.) should be alignec!l with it if possible. A realignment of the main entrance road Bhall only require approval of the County Engineer and Plannlng!Zoningoirector. 2. Access to all parcels fronting Immolalee Road shall be from the main road with no direct driveway access from each parcel to Immokalee Road. ' 3. The main road standard for a 'right-at-way ..Y pavement require~ street. shall meet the .inor col1ector. be as required for 4 Iftinimuat. Th. local I) FIRE CONTROL 1. Hater Illain and hydrants will be required and all buildings must meet current ood~.. J) OTHER COMMITMENTS 1. Project development shall commence within three years from date ot approval. ,- IDD! D24'm200 ~-5 " 'h ,.' I -------- --.-.- - - .~. . - - r, ~'^ " -.'--, - - MEMORANDUM OA~ Hay 1. 1986 '1"Y;~',~~"",.,.~~~,~:t..; Plaflninll: Depart1u.nt J~';-'<S~J~ :_, ~ . .,,-. ' ~ . .". . , ,p,:" .... ,.Ut1o.1-B6-IOC. BtU.. cO"l'orat:_"" P1lI> -;'::,' , I) : " v. Wtv. reviewed the abovarafar.Deed Pad-Hon and have DO objection to the re~ODa .. reque.t&d~ However, va requ1r. tba follov{f1g .tipulatio~ a. a caudi~ion to our recommendation {or approval: -;.) water' Srvar ~ ~ l~~. . ,\-;-. 1) 'Water diatribut10D and .evaa. c011_et1011 anI! tranai..11m .,.ata.. will ba con.truetacl throuehout tha project development by tb. developer puragant to all curr.n: r.quire~Dt. of Collier County and the Stat. of Florida. Yater and aever taeilltie. can.tructed vithin platted rishte-of-vay or within utility ea..m.nt. required by the Couct,. aball be conveyed to the County for ownerahip, operation and -.intenanca purpose. punuaot to appropriate (;Qunty Ordinancea and regulationa in ethct at the tilDe ot conveyance. All vat.r and .ev.r facil1th. con.tructed OD private property and not required b,. the Count,. to be loe:ated w1thin utilit,. ea.emente ehall be OVDed~ operated and ..ineained by the DevelopeYo hi. a..1gna or aue:e:...or.. Upon completion of construction of the vater and sewer faciIit1.. vithin ths project, the facilities vill b. tutd to inaut"ll they ...c Collier Count)"'. utility can'tructi01l require.ents in effect at the tiae con.truction plana are appro...ed. Th. above tasu lllUet b. compbt.d to tba ,atidactloD af the Ut111t1u Diviaion prior to placing any utility faei1itle., County owned or privately owned, ineo .ervice. Upon co-rbtiou of th. vat.r and/or sever facil1eiu and prior to tha 1"uaoc8 of CertHicate. of OCcupancy for .eruet'Jt"u withitl. th. project the utility hc11iti.. .hall ba con-. veted to the County. vhea required by the Utilit1... Dirt.ton. purauaat to County Ordinances and Resulation. in effect at tha tim:- con....,..nca 1a reque.ted. 2) All e~truetioa plana and technical apec1f1e.tion. atld propo..d plata. 1l appl1c.abl.~ for tha propoaed ntar dbtdbutlOl1 and .evag. collection and tranald.don facil1du auat h. r.viewed atld approved by the Vtl11tl~a DIvisiOn prior to Co.mance..nt of conatruction. 3) All CUlltOla&n conneceinC to tha ..atar cUatrtbution and ..vaS_ collection faeilit!ea will be customera of the County and viI1 b. billed by th. County 1n aceordanc. witb the County'a eatabli.bed rat... Should the County not be in & po.itlon to provide vater -and/or aever aeTVie. ~o the project, the vater and/or _ever c:uatomera ahall be cuato.era of the interiJI utility estsblt_bed to aerY. the project until the Count,.'. off-.ite vater and/or .ever {acllie!e. ar. availabl. to 'arYe th. project. ;,..: 1001 U2{'I'E2o:J ~~'. " --_...~ -.--....- i ...-.------- - - .. -f : ~ 'tz{" ,," ,. :i~-d'(\ :a:t~~ . / -'.' . J ;..r", t!~;r.-, ~ ' ~. :j~ 1:~;f:~.!~~f' A1 ~ - ' . "'~;:';'~;,_.,~~' ~;_ ,1 .j ( , . ~ '. , .', t.":'; .J :\.~\'; ", ' DoptJ.r To; ADD. HcJ.~, hC.2, Kay 7, 1986 Plannins 4) It 18 antldpated that the Count,. VtUit1u Divid.OD will ultiaately wpply pot alII. vater to mut tbe l:on-=rptlva deund and/or reedve and trut the I-:vage generated by th,ta project. Should the Count)' 8,.atea nQt be 1n & podtion to' .upply potable vater to the project and/or 'ncaive the project'. "..C,.eter at tbe tilu de'Yelop1ll.ent COIKIZIenc:ea.. tbe Developer, .t hi. expen.., Yill tnatal1 and operate intaria vater .upply and oD-aite treat.ent facl1!tt.. and/or intart. on-alta ..vaga tre.tmen~ and ~ipo..l heilitiu adequate to. .eet .11 requlremlllnu crf ..~h'. appropriate regulatory agenciea. - ~ ~ 5) AD Agree~ct aball be entered into becveen the County and the D.veloper, 111nd1cI CD the Dev.lop.r. bis asdps or auccaaaors. legally aceeptabl. to the County. prior to tha appraYal Df conatruceian docuaenta for the propoaed project, .tating that: a) The propo.d vater suppl,. and on-aite trutwleat hciItths and/or on-.lte v.atevater treaODeat and dispo.al taclIit!.., if required; ar. to b. con.eructed ... part of the pt'opoud projac:c and 8Uat b. regarded a. interilll; th.,. ahall ~a tonatruct.d to Stat. and Federal atandard. and are to be ovned, operatad and s&1ata1nad b,. the Developer, his ...igna or auccesllora until such tille a. tb. County'. off-.it. vater facilities and/or off-du sewer facilities an available to serTice tbe proj.c:t. The interim treatlllent facilities ahall auppl,. services onl,. to tho.. landa ovned by the Developet' and approved b,. the County for development. The utility hdlity(iea) may not b. .xpanded to proTide "aur and/or ..vcr service outside the development boundary approved b, the Count, witbout tbe vritten con.ent of the County. b) Upon cocneetion to the County'. oft-dte vater fac:Uit1e., and/or arwer facilltie., the Developer. hi. .aaigna or aucc..aor. .ball abandon, dialllaDth aud re.ova frea th. dt. the 1ntaria vater .nd/or aevage true.ent faeility and dhcont1nue usa of th. vat.r IUPP'1.y .ourc., if applicable, in a ..nner conai,tant with State of rlorida .tan4ard.. All work r.l~t.d with thi. activity ,hall b, p.rformed. at no co.t to the Count,... c) Coanect.loD. to the County'. off-aite vater and/or .,evtr fac:ilitiu vill be ..d, b,.. the owner., their a..i(O. or aucce.6orl at DO coat to the County with1:=! 90 day. after .uc:h facilitiu becou avdlabh. Thl co.t of conneetion _hall include. but Qat b. limited to, .11 engineering duip and prepauticn of conatruct1oD doc:umentl, peraittina, IIOd1fiea- tion or refitting of existiog ,evage pu=piD& factlie!ea or c~truct!Oft of nev ...ter .evage pumping facilities, Interccmnection vith County off-aite facilities, vater and/or .ewer linel Dec:uI.ry to aka tb. eonnection(a), .tc. ., !,.;-. ",:I:'.,,::.i,.. :,',,~.<,'~L ., r: ;.,j, .:,-....,.f!I. ""p;,~.A , , ..\,'1;' ,-...';".4! - ....'.,i-.-,..... . ',l;:' ''>:' .. ".~t,t.",l~~t,f~~ . "o':-';?'/t ">: \:Jif ,," ' , " IDD! 024 '"r 204 I .___.._,~._,_...~___M....." --~._..._._----~ - .' :-,1f, "':; :', ;~..,:~: ~ . ' ,,~. . "T':"" .,: .. l TOl AnD. Mdfa, , Pala 3 , !lay, 7. 198& D.p.r~tJ r Pucm.la.1 4) At the tia. County off-atca vater and/or aever faclllt!.. are ......nable for the project to ccmacct with, the following water and/or ..var taciItti.. ahall b.. conveyed to the County purau.nt to appropriate County Ordinanc~. and Regut.tlona In elfeet at the time: 1) All vaUT and/or uftr fadl1t1e' con.tructed in publicl,. OYDed rights-of-way or vithfa uel11t1 e..ement. required by the C2tinty within the project l:1J1liu. required to ..u connact1Oll. Vtth the County'. off-dte .w.ter .nd/o~ .lNn facUltiu; or, 2) All vater and .ever faellttle. required to eoanect the project to the County'. off-aite vater .ndtor lever facllltl.. wben the on-alt. vater and/or .~r tacillt!.. ar. con.eructed on privuc property and Dot required b,. the Count,. to be located Y1thin utility ..ee=cnt., including but Dot l1ait.d to the following: .) Main sevage lift .tatioa and connecting Yith tbe County .ever all utility ea.~m~nt. n.e....ry; force ....1n itl.ter- f.cilitiee . including b) Watu dbtributiou. faciliti.. fro. the polet of connection vitb the County.. vetar facilitiea to tbe aanar vater Mter aerv1.ug tbe project, heludlng .11 utilit,. ea.ements necea.ary. e) The cuatomeu lJerved on en 1cteria b.d. by the ~t!lit:,. .yaU. conaeructed by the Dn.doper .hall bacoae cuatDIHra ot the Caucty at eha ti.. vben County off-.ite vater and/or .ever f~cl1iti.a are availabl. to aerve the project and .uch contIectiOD 1. ..de. Prior to COOnectioD of the project to the County'. off-liu "aur and/or aeWlr .facUities the Developer. bi_ .aaign.. ot" .ucce..or., shall turn over eo tb. County. complete 11_t of the cu_t~r_ eervad by tha !nt.ria utilit1e. a,._t.. and ahall Dot coapet. vith tba Coutlt7 for the ..rvlc. cf thoa. CUUOMra. The Developer ahall .lao provide the Count7 vith . detailed inventory of th. f.dl1t!u nrnd vithin the project and tha entIty wbich rill b. ruponaibll! for the vater and/or ..wer .ervica billine tor the project. f} All conetructlon plana and technical apacifications ralata4 to connectiona to the Counc.,.I. ofC-aite water and/or .."ar !acllitta. vill ba eub.it.ted to tha Utllit1.. Div1aio'Q for reviev .tad IlpprC'Tal priDr tD cammancematat of conltructioD. ,...: ,.;-. ,', ;,' .,w\;~;:k5}l '. ."~.~:,":\:;(!7?~~" /f=: 'CD! U24...,,[205 I~' 1(, .~.;(.: ,.'" .,:':~~:i~;'.~('~ Jl':'t,,:,,-~~.II:':' ."',, .1,;rt\71!J-";I;"~.:.~ - . ~. -:-.. ,-:; ", . ._.._.-.-._.~-----_.._-'_.~-_..-. _.~._..._-_..-..- - ---------- ,. " To: AnD Hc.~., PaS_ 4 Ka1 7, 1986 Plannins .:. -, ,'..' '. ';""Yl't'-i. T' .\~~: :,~:~f:(:t: . .~ ~ ; ~~ ,;' , . >,' "1. f<~;;~.' :.. Aoe ". . _,' _ '-"',1.'. ...'.l;,;;""'" .".-'1."'<"""1,1.',:" .'tv.;u".,.:"t:!!'>. . -,.~ ";~ ~ -''''',',. '~i\"" I '.':~!~"J;r~~;}fl/~~.\ ~~-' ;~~i:'}., 1. :~.~:':~;~,i~_i:};. ~J1::~, "-'?~l:;~?~ ,,~;I(' "-oJ- " 'f,.~1.1 ".,,,,1:1 ',':; '\<:~) ,}t~Cf . . .i"'t '.. t .. I) The n.veloper, hll ...iSO- or auc.e...or. _ere. to pay .11 .,..t.. devdopDCDt: c.hars.. at the tiM that lulldias: Pendu ara required, punuaDt to appropriate Count' Ordin.a.tu:.. and Resuutiona in effect at the time of Fermie requeet. Thi. requ!rceeat ahall be ~d. known to .11 proe:pec.tive buyeu of propntiu for wbieb buUdinl. pan-ita v111 b. requIred prior to the start of building-construction. h) The-County vill leaee to the Developer for operatioD apd malntenane_ tha "fcer distribution and/or ""aga dollect:ion and tnnnlnicm .y.t,._ for the aua of $10.00 per year, vhen .uth ayate. i8 not connected to the off-8ite vac~r and/or aever facilities awned and operated by the County. 'l'et1D8 ot the lea.e ah.dl be determined upon completion of the propolled utillty construction and prior to activation' of the vater aupply, treataent and diatribution taeilitie. and/or tha a.vag* collection, cran..i..icn and treatment raeilfti.a. The Lea.., if rlquired, .ball remain in effecc until the County can provide vaCer and/or sevlr s.rviee through its off-des facilities or until such time that bulk rata vater and/or aever service agreamenta ara nelotLeted with tbe interia utility systEm. serving the project. ;"" .;. .', ",.:".'-t., nepu';'n.; r I": 1-.:' B) Data required under County Ordinance No.' 80-112 .hoving the avail- abilitT of aevaga aerviee, .ust b. .ubmitted and approved by the Utllitiu Division prior to approval Dr the con.truction dOClmeflts for thl project. Sub.it. cop,. of ~ha approved DEB. pendtl for the .."a.a col1<<ction &nd tran..l.sioD .yate.. and the vaateveter tre&tuent facilley to be utilized, upon receipt thereof. C) If an ioteria on-alte vater supply. trea~Qt 4nd tranaai..icn facility h utiliz.d to ..". the prapo..d project, it wat b. properl,. .1:.d to aupply av.r.c. and p.ak 4&1 d~.t!~ de..nd. iD'.dditioa to fir. flaw de..nd at . rate approvad by the appropriate lir. .Concrol Diatriet servicing the project area. D) Conatruction and ownership of the vater and aevar tacilitie., including an1 propos.d intert. watar and/or a.va.a trea~nt tacilit1.., sn.l1 b. in compliance with all Ueiliti.. Divi.ion St.nda~d., Polici... Ordinancea, Practices, etc. in effect at tha tiaa conatruction .pproval 1. l'''qu~.ted~ E) Detailed hydraulic deaitn reporea coverinl the water distribution and .evag. collection and tranaci.alan a,..t~ to aerie th. project muat b. auhaftted with the conatruction docu.anta for tha project. The report. .hall ltat .11 desiga ...umptions, demand raCe. and otber faetor. pertinent to the sYB~e. under consideration. ~~~:;;~~;&J'l. ., lOOK 024'1'-' 206 j ': ~~~,fi?..~ .~~' :.. t/:; " '" .," '" r .____w__---- - - - - Y) Prior to approval of con.true~1CD documents by the Utilitiea Divi.ion, the Developer must present verlfleatlou, purSUCnt to ~pt.r 367. Florida StatUte., that the Florida Public Service Commi..ion ba. IT.nted territo_ ri.l right. to the Developer to provide sever and/or WAter service to the project, if an interim truttllent faell1t"Ch.) 1. requil'ed, until th. County can provide thua aervlcu through ita vater and Sever faeilities. C) Wh.!;D the Count,. has the ability. to provide .."ase tnatlllent ind"~';=: ai.paid and vater .uppl, "hie..,l th..~ neveloper,. hi. ...t,ena. 01'( ," ,uee..,ora vil1 b. reaponsible to connect to tho.. taeiliti.. at . point to b. .at.bIt.hed by the County, with the Developer ..'umiDa .l~ Coate tor tb. Connection '~rk to b. p.rformed. , " . "', , "~:\;l~" , ,., ./'".' " .,;. ?" ;~~d /j,~;:11~':~I':J., " , ,'::: . . .," '- ,'.. I. "<-..1" !'" ,~,\Pl,i"" .' ,,,," ,';.;.., 1"0<";: ;),l.i'~;i >~;;;fll1-'I):'i. , ',"',0'''''f'l''i'~';,:,;t"",," ."~''':~ if'i t~;j,.'j ".ii, .~ '~:'. ~_:-.' ;)~ ;'i,~11'., -'.:' '\::'" . :~'{V :~ f~<r~:f :. ",./::-,_-;;,1:t .. ./;-.., :J." -. ',_.,'.''1;, !t:l!"',\f:.IIf~;.c.~'_V~..{~t1 ~,Ii ,<,' ';~'I;"'!)' ';~'("~~'lS:~:'j":t~ R)' Section ~.Ol B Otl1:1.t11U of the PV'D docUIlent .hall be nvbed to mau referanca to this .eaorandu., by data. and .pec1ly the Petitioner's acceptanee of the .tip'llations COntained herein. A nvlaed copy of th'e POD doeument and draft Ordinance for the rezoning approval must be submitted to the Utili tie. Division for review and approval prior to the Petition beinC conl1dered by the Board of County Commis.ioners. m1/oh O~ eCI ~ D. lteynolds v"'" , ' , ' .-:.' ,~:.. ,.;;~t::, :"-' !..' :}'.~:.,-;~]. i .).t-, .; ';, . "," ;" ~. < 4",->t.,.-' -~(: '''; , .' .i lOa! U24 Pl'E 207 ;. ;' .~' - - - \.~ '>1,,0 " '.1\' ~! " j;: ~'f ;i~ 'I~i.;,.,., , ~; ~ii~" 'If STATE OF ~LC~:~A co~:y OF COL~I~~ !. =kV,~S 8. GILES, Cle~k o~ Courts jn and for ~he 7wentleth Judicial Ci~cult, Col1~e~ County, Flori~a. do hereby certify t~a~ ~~e !ore~~~~~ ~s a true ori~inal of O~:::,~;'.:7=!: :-::;. 8S-SS t~a":; .,a5. a'':'o;~_~~ ":.",- ".:..(: 30a=~ o~ CO'J.:lty CO:Il::l~ssj,o~ers d\i.ring Regular Sess:o~ O~ t~e 2~t~ ~~y 0: AU~J.st. :ge(. WITNESS ~y ~a~~ ~~~ t~p. c~~!c~a; sea; of the 30ard 0: County Com~l&sioners o~ Co:::e:- Cc~~tl" ;:o=lca, th:s 2~~ day of Septe:nber. : 9 8 6. ;;,:.::::s c. a::::.zs C :e:k 0: CO'.1rts l!.~;1..' c}.~n1A"""" ~:.:-c=tic~o to the.i~~!?V~'QI ....., County comm18.1ot\ji'ft!}c;),,~,'''~h.. Jio/. ". t .~ ....,~~.~ii~.\.....". ", " _~. ....i"1'\.,.~....I... -.'" . ". ",\\1-, '~.... _ ; -::.~' ' '-~.'''. ';., :--.; . n ~:::;... . '.'~:o: M.g~~ - t.Y'iG t '" f .\,.......... .J.~.:,....... i!!i . :0;",::-, ;~:."".~Q':::./ , ,..-to a~'IC~ .,.,., ............",..' 'D... -, . IDD! 024 m, 208 ORDINANCE 97-~ i ~ ::.J~'...... II?;: " \ AN ORDINANCE AMENDING ORDINANCE NUMBER "_ 91-102, THE COLLIER COUNTY LAND DEVELOPMENT ~'CODE, WHICH INCLUDES THE COMPREHENSIVE ..' ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED B630N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE STILES PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C,R. aq6) APPROXIMATELY ~ MILE WEST OF THE INTERSECTION OF 1-75 AND IMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.13 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 86-58, AS AMENDED, THE FORMER STILES PUD; AND BY PROVIDING AN EFFECTIVE DATE. Aqenda Item No November 27, 2 Page 86 of V> = ~ ~ '" n '" ~ ,., -< >- '" ......, r < '" .... m ~ ...' V> -v 0 -< :>: ,.. .... to ~ ..... WHEREAS, Barbara H. Cawley, AICP of Wilson, Miller, Barton & Peek, This Ordinance shall become effective upon filing with the Department of State. -1- Inc., representing Owen M. Ward, Trustee, 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 The Zoning Classification of the herein described real property located in Section 3D, Township q8 South, Range 26 East, Collier County, Florida, is changed from "PUD" to UPUDtI Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "1\", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8630N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. Ordinance Number 86-58, as amended, known as the Stiles PUO, adopted on August 26, 1986 by the Board of County Commissioners of Collier ~unty, is hereby repealed in its entirety. SECTION THREE: 'Il .l ~ , .l .,.,~ , ' . COLLIER COUNTY, FLORIDA; SECTION ONE: SECTION TWO: P~SSED AND DULY ADOPTED by the Board of County Commissioners c/ S ,/ / Collier County, Florida, this day of (~".'"'u , . 1997. Aoenda Item I~ of November 27, Page 87 of ATTEST: DWIGHT E. BROCK, Clerk BO~RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID~ ,,/ ,~~ ,/' I' 4// ./ Approved as to Form and Legal Sufficiency ""lJ ordlnant:. flied wltt1 me SKretory of ~ Office thl ~da-t 0' , aa. and acknovorl.clg~nt of thot fillno M_c!i~d ,hi, ~ day of _~--, /'~7 '7"',,( I BY._n~" >f 0-,.", ClIirto ~ '-.')1.~.;,h-1.~ Marj ie M. Student Assistant County Attorney f!PUD-I!6-10(4) . -2- . ~, . STILES pun PLANNED UNIT DEVELOPMENT AMENDMENT Section 30 Township 48 South, Range 26 East '-'ollier County, Florida PREPARED FOR: OWEN WARD, TRUSTEE 866 97TH A VENUE NORTH NAPLES, FLORIDA PREPARED BY: Barbara H. Cawley, AICP WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 DATE ORIGINALL Y APPROVED ORDINANCE NUMBER AMENDMENT DATE OIWINANCE NUMBER AMENDMENT FILED ORDINANCE NUMBER Agenda Item No, 8e November 27,2007 Page 88 of 127 Aueust26. 1986 &Sll .Tllne 24, 1988 H.8::S:l Julv 31.1997 97-74 . . TABLE OF CONTENTS LIST OF EXHIBITS TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV Il)'I.IIill_2'l7..V....Dl'.BC.w~ ..\....._.... NCW5+<<l1..oo&-mJo..1C/'l!JS LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT INTERCHANGE COMMERCIAL LAND USE DISTRICT DEVELOPMENT COMMITMENTS u.Q.E Aaenda Item No, se I',Tovember 27, 2007 Page 89 of 127 I ii iii 1-1 2-1 3-1 4-1 L- Exhibit A Exhibit B . IMItl.1'141 v. O".BC.~ n......~. NCWSMlO1.ooB-1'I'UD-109(IS LIST OF EXHIBITS PUD Master Plan (WMB&P File No. RZ - 251) Map of Boundary Survey (WMB&P File No, 4L-1104) ii Agenda Item No. 8e November 27,2007 Page 90 of 127 Aaenda Item No, 8e I rJovember 27, 2007 Page 91 of 127 STATEMENT OF COMPLIANCE This document amends and restates the PUD Ordinance Number 88-54, as amended. It is submitted by Owen Ward. Trustee, hereinafter referred to as the Developer. This PUD, as amended and restated, pertains to 18.13 acres of land located in Section 30. Township 48 South, Range 26 East, Collier County, Florida. This document is required by the Collier County Board of County Commissioners in accordance with Section 2,7,3.4 of the Collier County Land Development Code which requires an unimproved PUD to be made consistent with all sections of the current Growth Management Plan and Land Development Code if development has not commenced within five years of the approval date, This amended and restated PUD document is intended 10 comply with the items listed by the Board of County Commissioners as not consistent, to bring the Stiles PUD into compliance with the Growth Management Plan and Land Development Code, but not to significantly change the underlying commercial zoning of the PUD. The name of this Planned Unit Development is "The Stiles PUD" hereinafter called "the Project", n,e development of the Project is in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan and with other land development regulations adopted thereunder, including but not limited to the Collier County Land Development Code (hereinafter called the Code) for the following reasons: 1. The subject property is in the Interstate Activity Center as identified on the Future Land Use Map as required in Objcctive I of the Future Land Use Element (FLUE). The purpose of the Interstate Activity Center is to concentrate almost all new commercial zoning in locations wherc traffic impacts can readily be accommodated, to avoid strip and disorganized pattems of commercial development and to create focal points ",ithin the community. 2, The proposed development intensity and use of the Project for commercial actiVIty as specified in Section 2,6 and Section [[I of this PUD document is consistent with Section VI of the FLUE which allows for a full array of commercial uses at designated Interstate Activity Centers, . 3. The Project is compatible with and complemenlal)' to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4, Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. ttnl91.W7<tl v. Ol1-8C~......, "-.......-,.. NOot~4lII-"UO'}0'XI, iii l Agenda Item No, Be November 27, 2007 Page 92 of 127 5, The development of the Project will result in an efficient and cconomical extension of community facilities and serviees as required in Policies 3, J.H and L of the Future Land Use Element. 6, The Project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7, The Project is a functionally interrelated commereial development and is planned to encourage ingenuity, innovation and imagination as set forth in Section 2.2.20.1 of the Code, and Section VI and Policy 5.6 of the Future Land Use Element. 8. The Project is located within a designated Interstate Activity Center within the Urban District. thereby discouraging urban spr'vl as required by Policy 5.3 ofthe Future Land Use Element. 9. The Project is served by a complete range of services and utilities from Collier County. SHORT TITLE This ordinance shall be known and cited for the purpose of the updating of the existing Stiles PUD, as amended, as "THE STILES PLANNED UNIT DEVELOPMENT ORDINANCE." . 10'I.0J1.19'''. v<< Oll.ac-w, ........._"" HlMW-(J02.coa.mJD..109OS iv A':Jenca Item f>Jo. Be I r1ovell1ber 27, 2007 Page 93 of 127 _ SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of the Project, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The Project contains approximately 18.13 acres and is described as follows: Part of the west'/, of the northeast 'f. of the northwest'/. of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less and excepting therefrom; the north 100 feet thereof; and further less and excepting therefrom the lands described in : OR Book 374, Pages 572-573 OR Book 1545, Pages 443-444, and OR Book 1837, Pages 1099-1101 of the Public Records of Collier County. The map of the Boundary Survey (WMB&P File No, 4L-l104) is attached at Exhibit B. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Owen M, Ward, as Trustee, 866 97th Avenue North, Naples, Florida, . 1.4 GENERAL DESCRIPTION THE PROJECT: A. The Project site is generally located on the south side of Immokalee Road (CR 846) and is approximately one quarter mile from the 1-75-lmmokalee Road intersection. The Project has direct access onto Immokalee Road via an existing median opening which aligns with the approved Pelican Strand (fka Regency Village) PUD to the north, IG'II97.2lIH,Vf:I:OI1.BCaw1q rL""U_'. toM).I,...ool.oo&."'UO.109Ol 1.1 L Agenda Item No. Be November 27, 2007 Page 94 of 127 B. The Project is currently zoned PUD as a planned interchange commercial center which includes a mixture of interchange oriented commercial facilities and water management related clements, c. Elevations with the Project range from 12.4 feet to 13.6 feet above mean sea level. The Project is located within zone X of the FEMA Firm Maps. D. The soil types found on the Project are Arzell fine sand and Sroward fine sand. These sands are well drained with no wetlands on site, E, Vegetation on the Project is predominately pine flatwoods with the dominant plant species being slash pine, saw palmetto and numerous grass species. . JON9l.:tf1.q v.,., O!l.BC.w\e)' ........,_... I'<<>ls.c...otl~..ooe.I'P'tJD.~0905 1-2 Agenda Item ~~o. Be November 27,2007 Page 95 of ~ 27 SECTION n PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Project, and to identify relationships to applicable County ordinances, policies, and procedures, 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project includes a range of interchange commercial uses, stonnwater management, lakes, and buffer areas, TI." PUD Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan (WMB&P, [nc, File No, RZ.25 I), The Dcveloper intcnds to establish Project wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses, Unifonn guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall, buffers, benns and other similar features, The Project will comply with the Architectural Review Guidelines as adopted in the Code. A Land Use Summary indicating approximate land use acreage is shown on the plan, 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A, The development of the Project shall be in accordance with this PUD Ordinance and applicable sections of the Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order which authorizes the construction of improvements to which said regulation applies, These include, but are not limited to Final Subdivision Plat, Excavation Pennit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards. then the provisions of the most similar zoning district or section of the Code shall apply. . B, Unless otherwise defined herein, or as necessarily implied by context, the definitions of all tenns shall be the same as the definitions set forth in the Code in effeet at the time of development order application. C. Development pennitted by this ordinance will be subject to a concum:ncy review under the Adequate Public Facilities Ordinance Code Section 3, IS. 1i)'V91-:nUI v. ol'.BC...lcy ,,-,...,.-,.. N().l~...oo2..oo8.rP'tJO-z09O~ 2 - I L Agenda Item l\Jo. Be November 27, 2007 Page 96 of 127 D, All conditions imposed herein or as represented on the Project PUD Master Plan (PUD Master Plan) are part of the regulations which govern the manner in which the land may be developed, E. The Subdivisions Division of the Code (Article 3. Division 3,2) shall apply 10 the Project, except where an exemplion is set forth herein or othernise granled pursuant to Code Section 3.2.4, 2,4 ROADWAYS Standards for roads shall be in compliance ....ith the applicable pro\;sions of the Code regulating subdivisions, unless otherwise approved during Preliminary Subdivision Plat approval. 2.5 LAND USES A. The location ofland uses are shown on Ihe PUD Master Plan. Exhibit" A." Minor changes and variations in building tracts, location and acreage of these uses shall be permitted at Preliminary Subdivision Plat approval and Final Pial approval to accommodate topography, vegetation, Slormwater design, and other site conditions subject to Code Section 2.7.35. The specific location and size of individual tracts and the assignment of square footage shall be determined at the time of Preliminary Subdivision Plat approval. B. Since the property is to be developed over an estimated nine year time period, any projection of Project development can be no more than an estimate based on current marketing knowledge. The estimate may change depending upon future economic factors, C. Roads and other infrastructure may be either public or private, depending on location, capacity, and design, The determination as to whether a road shall be public or private shall be made by the Developer at the time of Preliminary Subdivision Plat approval. Developer shall create an appropriate declaration of covenants and a property owners association which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to a governmental agency. . D. All buildings, landscaping and visible infrastructure shall be architecturally and aesthetically unified, Said unified architectural theme shall include a similar architectural design, use of materials and colors throughout all of the buildings to IQIM7-2914 Vr on-ac-.r, "-....,'"'-.. NlWs.4-OOJ.(JQ6..mJD..2tJ901 2-2 Agenda Item No, 8e I r,overnber 27,2007 Page 97 of 127 be erected on the site. A conceptual design master plan shall be submil1ed concurrent with the first application for Site Development Plan approvaL 2.6 PROJECT INTENSITY The total acreage of the Stiles PUD is approximately 1&.\3 acres, The Interchange Commercial retail and office uses shall have a maximum gross floor area of 7500 square feet per gross acre for a maximum square footage of 135.975 square feet. The office uses shall be permined at 15.000 square feet per gross acre and the hoteVmotel use is pennined at 26 units per gross acre, Interchange Commercial pennined principal uses are permitted throughout the 1&, \3 acre parcel in accordance "ith the requirements stated in this PUD documenL 2.7 SITE CLEARING AND DRAINAGE Clearing. grading. earthwoO;, and site drainage woO; shall be perfonned in accordance "ith the Code and other applicable governmental agencies and the standards and commitments Oflhis document. 2.8 EASEMENTS FOR UTILITIES All necessary easements. dedications. or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect althe time approvals are requested. 2.10 OFF-STREET PARKING AND LOADING 2.9 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Code Section 3.5.7.\, may be reduced with the administrative approval of the Collier County Development Services Director, All lakes greater than two (2) acres may be excavatcd to the maximum commercial excavation depths set forth in Code Section 3,5,7.3,\, subject to meeting the County fetch formula; however, removal of fill from the Project shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation pennit is received, . All off-street parking and loading facilities shall be designed in accordance with the Code Section 2.3, 2.11 USE OF RIGHTS-OF-WAY Lands within the Project rights-of-way may be utilized for landseaping, decorative entrance ways, and signage, if a review of the proposed uses, during the development 10'1191.2914' VW. OIl.BC.-ky Rw'I.(-.'. Nl)4~-002.ooB."f'UD.109OS 2-3 L Aaenda Item I~o, 8e N'overnber 27, 2007 Page 98 of 127 review process and prior to any installations, by the Collier County Development Services Director shows no adverse engineering or safety considerations, 2.ll SIGNS Minimum standards for signs shall be in accordance with Code Section 2.5 in effect at the lime tinallocal development orders are requested, 2.13 OPEN SPACE REQUIREMENTS Pursuant to Code Section 2,6,32 at least thiny percent (30%) of the Project shall be devoted to usable open space. The total Project is 18, J 3 acres requiring a minimum of 5.4 acres to be retained as open space, The open space calculation indicated on the PUD Master Plan identities 5.4 ,des including lakes, miscellaneous buffers and open space areas which meet the requirement. 2.14 NA TlYE VEGETATION RETENTION REQUIREMENTS The Project shall retain tifteen percent or 2,7 acres of the viable naturally functioning vegetation on site as required by Section 3,9.5.5.4 of the Code. This shall be monitored at each Preliminary Subdivision Plat submittal. The Developer shall receive credit from any phase whcre the 15% amount is exceeded to be applied to a phase where it is not. In any phase of development where credit toward the 15% is needed. the Developer shall delineate on the Preliminary Subdivision Plat the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species, The Developcr shall show the calculations on each Preliminary Subdivision Plat which totals the overall 15% for the Project build-out. 2.15 TIME LIMITS OF PLANNED UNIT DEVELOPMENT APPROVAL The time limits for the Project are as provided for within Code Section 2,7.3.4. . 2.16 PUD MONITORING An annual monitoring report shall be submitted pursuant to Code Section 2,7.3,6, 2,17 IMPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees appropriate for each land use in effect at the time of development and in accordance with prior agreements bctween the Developer and the County, l~l.m"V.OI'.ac....., ...1....._... ~,..-OO2-e<<1.,.I'VO-%090' 2-4 Agenda Item No, 8e I November 27,2007 Page 99 of 127 SECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this section is to set forth the permitted uses and development standards for the development of the Project. A, PERMIlTED USES AND STRUCTURES No building or stnK"tre or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: Interchange Commercial Permitted Principal Uses and Structures permitted throughout the 18.13 acre parcel: 1. Accounting, Auditing and Bookkeeping Services (Group 8721), ii. Amusement and Recreation Services (Groups 7911-7941, 7991, 7993). 111, Apparel and Accessory Stores (Groups 5611-5699). iv, Auto and Home Supply Stores (Group 5531). v, Automotive Repair, Services, and Parking (Groups 7514, 7515, 7534, 7542) (no service bays shall face Immokalee Road). VI. Building Materials, Hardware and Garden Supplies (Groups 5211- 5261). . Vll. Business Services (Groups 7311,7313,7334-7335,7371-7379,7384). viii. Child Day Care Services (Group 8351). ix. Miscellaneous Retail (Groups 5912.5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999), x. Depository Institutions (Groups 6011-6099). IMI9'l'.m4t v.-; Olf.ac.M.ry IL~~III NlM:u-oa1..oo&-PPlJI)..2090S 3 - I r xi. xii. xiii. xiv, xv. xvi. xvii. xviii. xix. xx, xxi. xxii. . xxiii. Agenda Item No, 8e November 27,2007 Page 100 of 127 Eating and Drinking Places (Groups 5812-5813). Electrical Repair Shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines), Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713,8721,8741-8743,8748), Food Stores (Groups 541 1-5499). Gasoline Lrvice Stations (Group 5541 except marine service stations and truck stops subject to Section 2,6,28). Group Care Facilities (Category J and II); Care Units except for homeless shelters; and Nursing Homes, subject to Sec. 2,6.26). General Merchandise Stores (Groups 5311-5399). Health Services (Groups 801 1-8049, 8082, 8093, 8099). Holding and Other Investment Offices (Groups 6712-6799), Home Furniture, Furnishings, and Equipment Stores (Groups 5712- 5736), Hotels and Motels (Group 70 II in accordance with the development standards in this PUD document). Insurance Agents, Brokers, and Service (Group 6411). Insurance Carriers (Groups 6311-6399), xxiv. Libraries (Group 8231). xxv. Legal Services (Group 811l). xxvi. Membership Organizations (Groups 8611-8661, 8699). 1~-1""'1 v. OII.BCowkJ "I..'~" HCM~-llOJ..ooa.."P'UD-;t090$ 3.2 Agenda Item I~o, 8e November 27, 2007 Page 101 of 127 xxvii. Miscellaneous Personal Services (Groups 7211, 7212, 7215, 72 1 6 non- industrial dry cleaning only, 7221-7251, 7291). xxviii. Miscellaneous Repair Services (Group 7631). xxix. Museums and Art Galleries (Group 8412). xxx. Nondepository Credit Institutions (Groups 611 1.6163). XXXI. Paint, Glass and Wallpaper Stores (Group 5231), xxxii. Public Finance, Taxation and Monetary Policy (Group 931] property tax assessors' office and taxation departments only). xxxiii. Public Order and Safety (Groups 9211 and 9224), xxxiv. Real Estate (Groups 6512, 6531-6552). xxxv. Social Services (Groups 8322 activity centers, elderly or handicapped, adult day care centers; and day care centers; adult and handicapped only, and 8351). xxxvi. United States Postal Service (Group 431], except major distribution center). xxxvii. Veterinary Services (Groups 0742, 0752, excluding outside kenneling). xxxviii. Video Tape Rental (Group 784]). xxxix, Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in this district. . B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 1M.'91.N1.u v.- (I1t.&C-'cy ".....-. ND4....-OO]'OOO.I'I'\.JO'2tJ'lOS 3 - 3 I Agenda Item No, Be November 27,2007 Page 102 of 127 3,2 DEVELOPMENT STANDARDS FOR ALL PERMITTED USES EXCEPT HOTEL AND MOTEL USE Minimum Lot Area: Ten thousand (10,000) square feel. Minimum Lot Width: One hundred feel (100'). Minimum Yard Requirements: From Immokalee Road: Fifty feet (50') , Front Yard: Twenty-five feet (25'). All other yards: Fifteen feet (15'). Maximum Height: Thirty-five feet (35'), excepl for non-functional architectural elements (such as bell towers), which shall have a maximum height of fifty feel (50'), Minimum Floor Area of Principal Structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. Distance between principal structures: None, or a minimum of five feet (5') with unobstructed passage from front 10 rear yard. Minimum standards for lighting and landscaping shall be in accordance with the Code in effect at the time final local development orders are requested. No outside display of merchandise or storage is permitted unless horizontally visually screened by an acceptable vertical structure, 3.3 HOTEL AND MOTEL DEVELOPMENT STANDARDS Minimum Lot Area: One (I) acre. Minimum Lot Width: One hundred fifty feet (150'). . Minimum Yard Requirements: I. From Immokalee Road: Fifty feel (50') 2. Front Yard: Fifty-five percent (55%) of building height with a minimum of twenty feet (20'), 3. All other yards: Twenty feet (20'), 1......-n.191.. \lot OtT.BCawley ""-'~. H04~-ooe-I"P1J[).%090' 3-4 Aaenda Item No. 8e November 27. 2007 Page 103 of 127 _.~~ Maximum Height: Sixty feet (60') or six stories, whichever is greater. Distance between principal structures: Fifteen feet (IS') or one-half(V,) the sum of the building heights, whichever is greater, Minimum standards for lighting and landscaping shall be in accordance with the Code in effect at the time final local development orders are requested.. 3.4 BUFFERS Minimum standards for buffers shall be in accordance with Code Section 2.4 in effect at the time final local development orders are requested, unless otherwise specified herein or on the PUD Master Plan, Exhibit A, All buffer setbacks shall be measured from planed lot boundaries, The following identifies the buffer according to land use type: Internal Buffers on: A, Interchange Commercial: I. 10' adjacent to hotel parcel 2. ] 0' adjacent to internal rights-of-way 3. 10' adjacent to eastern boundary with Donovan PUD except 0' where the joint access road is proposed B, Hotel: I. 2. 3, 10' adjacent to commercial parcels 10' adjacent to internal rights-of-way 10' adjacent to eastern boundary with Donovan PUD except 0' where the joint access road is proposed . The buffer on the western and southern Project boundaries shall be kept in native vegetation existing on the site to the maximum extent possible or shall be planted with native vegetation in those areas devoid of native vegetation. JIIIIi'97_19U'V~ Oll.llC.wIcy "....,~I. 3 - 5 H04~.ool.ooa-'1'UD-2llQCl1 I Agenda Item No se November 27.2007 Page 104 of 127 SECTION IV DEVELOPMENT COMMrTMENTS 4,1 PURPOSE The purpose of this section is to set forth the development commitments of the Project. 4.2 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Division for review. No construction permits shall be issued unless and Uf.,'1 approval of the proposed construction in accordance with the submitted plans is granted by the Development Services Division. B, Access to all parcels fronting lrnmokalee Road shall be from the main entrance road with no direct driveway access from each parcel to lmmokalee Road. C, The main road shall meet the minimum pavement standard for a minor collector, The required right-of-way may be as required for a local street. 4,3 UTILITIES A, Water distribution, sewage collection and transmission and interim water anellor sewage treatment facilities 10 serve the Project are to be designed, constructed, conveyed. owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations or other applicable agency regulalions, as may be appropriate, B. All customers cOIUlecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. . C. The utilities for the Project's water distribution and wastewater collection systems shall be designed and constructed to connect the Project to the District's facilities in accordance with County criteria and the County's Master Plan, ,""""'-"," v. O.'-Be...wy 11.1.00.,..-_ NIM~"""'P1'I)D.l000' 4 - I Aqenda Item No, Be November 27. 2007 Page 105 of 127 ~ 4,4 WATER MANAGEMENT A. A copy of South Florida Water Management District Pennit or Early Work Pennit is required prior to construction plan approval. B, Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided, C. An Excavation Pennit will be required for the proposed lakes in accordance with Section'3.5 of the Code and the South Florida Water Management District Rules. 4,5 ENVIRONMENTAL A, As set forth in Sectio" 2.15 herein, the Developer will retain the maximum amount of native vegetation possible as part of the landscape buffers within the Project. This acreage shall be counted toward the required 15% native habitat requirement under the Code, B, Petitioner shall submit an Environmental Impact Statement at the time of the next Development Order submittal. ,,- C. This Project shall be in compliance with the Collier County Land Development Code, the Collier County Growth Management Plan, Coastal and Conservation Management Element in effect at the time of the first Development Order approval. 4,6 TRANSPORTATION A. The Developer has provided left and right turn lanes on Immokalee Road at the Project entrance, B. The Developer shall make a fair share contribution toward the capital cost of a traffic signal at the Project entrance when deemed warranted by the County. . c. All traffic control devices on public roadways, excluding street name signs, shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316, Florida Statutes. D. The applicant shall be responsible for the installation of arterial level street lighting at all Project entrances at the time of approval of the Final Subdivision Plat. 1Cr'Vl7.m4' v~ Oll-ac.wlcy "'."..-.. N04w..o:n..Q08..P1'tJD.~CI9OJ 4-2 I E, . II>>I"T7.mu v.: Oll-BC.-ky .......-... N0454..o'Jt.ooa.f'PtA).109ll, Agenda Item No, Be November 27, 2007 Page 106 of 127 The above required improvements are considered "site related" as defined in the Code and shall not be applied a credits toward any impact fees. F. The original PUD required that the Developer dedicate land for the widening of Immokalee Road, The Developer has previously satisfied this requirement by conveyance of a twenty-five foot (25') strip ofland by deed recorded in Official Records Book 1545 at Page 443 of the Official Records of Collier County, Florida. In addition the Developer conveyed additional land for the expanded Immobilee right of way by deed recorded in Official Records Book 1837 at Page 1099. G, The original PUD provided that a cross drain across Immokalee Road to the canal on the north be incorporated and that the County be provided with access to it for use in connection with the future six-Ianing of Immokalee Road. This work was completed and paid for by the Developer under an agreement berween the Developer and the County dated May 4, 1993. The requirements have been satisfied, H. The original PUD strongly recommended the extension of the then existing four- laned section of Immokalee Road west and through the proposed construction of a four lane median opening on Immokalee Road aligned with the eastern boundary of the Project and Pelican Strand (lka Regency Village) to the north of [mmokalee Road. The median opening was constructed and paid for by the Developer under the agreement with the County dated May 4, 1993. The four- laning has been completed to the west. The four lane extension is subject to a fair share road impact fee credit applicable to the added through lanes, I. The Project entry from Immokalee Road will be along its eastern boundary so as to align with the present median cut in and proposed traffic signal on lmmokalee Road at the entrance to Pelican Strand. The entry will be designed so that it can be inter-connected to and used by the lands that are located to the east of the Project and west of 1-75. The inter-connection and use of the entryway by the adjoining landowner will be pursuant to a mutually agreeable cross use or cross easement agreement. 4-3 U'-'- COON O~ ON~ Zr--:O ENb G)'-"- ~Q) --'OQ) (1)~OJ "'0 c ctI eg;:o... CJ" :;}'Z ~ .' ! p~ r' !, , I t 1 , I , , I , ~, I i ~ . ~~ .___LfIl~Ir\_~~ ~. ~ [1~ ~::~o:o;=-~.r.r.-c- .....""""..,_..,~ 'I OiTDowb~LIID'I'U.J:Io\.C u.uo ~ - - =-=- 0I'tI'~AC&1'W'7U.J U~ U~ ~ -=- ~ =~ IUUI; ~~=..__""'Io___ -......=::.:--.-- 1l"~....Y_( ""....,.......---::::.-............- '~.l.IoU.~UlL.lI.~I~ ""- H_ - - ;J!I'~..:....~Hk ~r' -- -=..- -- -- w " - =.5:.W:~ 100lAH,OBc,.o.pEIlUffVt " lHTEI\ClwtafCm.u.t[IIC...... I 1Nf1~~ , IIr~lIlA'f!k _T_ .!tlNl,:~.;.,."tft .-..-._..-..~.. I -..-..-.-..-..-..-.. - -..-..-..-..-..-.. -"-"'-"- =-== ~ ;=--= ~ -. == n.n....i I Agenda Item No, Be r,ovember 27, 2007 Page 10B of 127 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the , foregoing is a true copy of: ORDINANCE NO. 97-74 Which was adopted by the Board of County Commissioners on the 25th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County commissioners of Collier County, Florida, this 26th day of November, 1997. ...' . DWIGHT E. BROCK ,.,..',-.;..':;..'::. Clerk of Courts and,C~epkf~~ J ,." Ex-officio to BOSl.rd'J,'M'",o..",-,:.; ro~~ County commission~ .~/ ':"}'~ .., ' ~ 't',:.' ,t,e,'; ~ .~)' -:'~:.~: .~.:~ '.~ . .........: ,t .-1 By: Maureen Kel'l.YOI'l",.1 0, Deputy Clerk\ ',/ ~~. '", J' ..,. .,.,' . ',~. l::~; 0#' .h......... .:; . .' ..:.:~.~ J Ol'.. ~. . " Aaenda Item No. Be November 27, 2007 Page 109 of 127 ~"" Comr County - ~,'.' ",'-"'<..""'"-~,,.",~"<. FROM THE DESK OF KAY DESELEM 4/23/07 Planning Commission Members & Staff: Please note there is no strike thru/underlil1e version of the Stile PUD ill this packet. While it initially appears that this petition is a request for a "PUD to PUD" rezoning that would include a strike thrulunder version of the previous PUD that is not the case in this instance, The Gaspar Station petition was required to submit an entirely new PUD application for this rezoning. The Stiles PUD has sunsetted and essentially is no longer valid, Zoning & Land Development Review 213-2931 Agenda Item No, Be November 27, 2007 Page 110 of 127 ORDIN_-'.NCE NO, 07-_ _"--'f ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINA.'1CE NUMBER 04-41, AS A.M:ENDED, THE COLLIER COUNTY L-'.ND DEVELOPMENT CODE, \i/HICH INCLUDES THE COMPREHENSNE ZOJ>HNG REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE _.>J>PROPRlATE ZONiNG ATLAS MAP OR MAPS BY CHANGING THE ZOl\'ING CLASSIFIeATlON OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UN1T DEVELOPMENT (PUD) TO COMMERCll\L PLilNNED Ul\lT DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN AS THE GASPAR STATION CPUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (CR 846), APPROXIMATELY ONE QUARTER MILE WEST OF THE 1-75fIMMOKALEE ROAD, INTERCHANGE, IN SECTlO:-< 30, TOWNSHIP 48 SOUTIl, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17,7 ACRES; PROVIDNG FOR THE REPE,I\L OF ORDINANCE NUMBER 97-74, AS AMENDED, THE STILES CORPORATlO:-< PUD; A.ND BY PROVIDING AN EFFECTIVE DATE. \VHEREAS, Margaret Perry, .t\.ICP of WilsonMil1er, Inc, representing A. Grover Matheney, as successor trustee, 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: TIle zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be lmovro as the Gaspar Station CPLTI in accordance with the CPUD DOClUllent, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTlO:-< TWO: Ordinance Number 97-74, as amended, I:nown as the Stiles Corporation PUD, adopted on November 25, 1997, by the Board of County Commissioners of Collier ComIty, is hereby repealed in its entirety. Gaspar Station' PUDZ-2006-AR-t0698 Page 1 of2 Agenda Item No, Be November 27. 2007 Page111of127 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a super-majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of2007, ATTEST: D\VIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: JAMES N, COLETTA, CHAIRMAN Approved as to form and legal sufficiency --rl<..1 'A ~ 111 !k.ut.wJ:. - {Jt;.Al~ Marj~e M. Student-Stirling. Assistant County Attorney PUDZ-2006-AR-l069S/KD/sp Gaspar Station: PUDZ-2006~AR-10698 Page 2 of2 Received 8/27/07 Agenda ltem No. se November 27, 2007 Page 112 of 127 Exhibit A GASPAR STATION CPUD COMMERCIAL PLANNED UNIT DEVELOPMENT 17.7 Acres located in Section 30, Township 48 South, Range 26 East Collier County, Florida PREPARED FOR: A, Grover Matheney, As Successor Trustee 2351 SW 37th Avenue, Apt. 1112 Miami, FL 33145 PREPARED BY: R. Bruce Anderson Roetzel & Andress, L.P.A. 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL 34103 AND Margaret Perry, AICP WilsonMiller, Inc, 3200 Bailey Lane, Suite 200 Naples, Florida 34105 DATE FILED: October 20, 2006 DATE APPROVED: ORDINANCE NUMBER: TABLE OF CONTENTS TABLE OF CONTENTS/LIST OF EXHIBITS SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V Exhibit A Received 8/27/07 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT INTERCHANGE COMMERCIAL LAND USE DISTRICT PRESERVE/NATIVE VEGETATION DISTRICT DEVELOPMENT COMMITMENTS LIST OF EXHIBITS CPUD Master Plan 11 PAGE Aaenda It8m No. 8e ~,rovember 27, 2007 Page 113 of i 27 Ii iii 1-1 2-1 3-1 4-1 5-1 Aaenda Item No, Be ~.rovember 27, 2007 Page 114 of 127 SHORT TITLE This ordinance shall be known and cited as 'THE GASPAR STATION COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE," Received 8/27/07 111 Agenda 11em No. Be November 27,2007 Page 115 of 127 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1,1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the project, and to describe the existing condition of the property proposed to be developed, 1.2 LEGAL DESCRIPTION The project contains approximately 17.7 acres and is described as follows: The west 12 of the northeast Y. of the northwest Y. of Section 30, Township 48 South, Range 26 East, Collier County, Florida. less and excepting therefrom: the north 100 feet thereof and the lands described In: OR Book 374, Pages 572-573, OR Book 1545, Pages 443-444, and OR Book 1837, Pages 1099-1101 of the Public Records of Collier County. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of A. Grover Matheney, as successor trustee, to Owen Ward, Trustee, under that certain land trust agreement dated June 29, 1988, with the following address: 2351 SW 371h Avenue, Apt. 1112; Miami. FL 33145. Received 8/27/07 1-1 Agenda Item No, Be r,ovember 27, 2007 Page 116 of 127 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the project, and to identify relationships to applicable County ordinances, policies, and procedures, 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project includes a range of interchange commercial uses, stormwater management, lakes, and buffer areas, The CPUD Master Plan is illustrated graphically on Exhibit "A." The developer intends to establish project wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses, Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall, buffers, berms and other similar features, The project will comply with the Architectural Review Guidelines as adopted in the Land Development Code (LDC). A Land Use Summary indicating approximate land use acreage is shown on the Master Plan, 2.3 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Gaspar Station Commercial CPUD except in the Preserve/Native Vegetation District. General permitted uses are those uses which are typically part of the common infrastructure, A. General Permitted Uses: 1, Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 2. Guardhouses, gatehouses, and access control structures, 3. Architectural features and elements including walls, fences, arbors, gazebos and the like, 4, Temporary construction and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, 5. Landscape/hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls. 6, Fill storage, site filling and grading are subject to the standards set forth in Section 2.8 of this CPUD. 8, Development Standards: The following development standards shall apply to General Permitted Uses: Received 8/27/07 2-1 Received 8/27/07 Agenda Item No. 8e l'Jovember 27, 2007 Page 117 of 127 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall be set back a minimum of ten feet from property lines. Other general permitted uses (except fences) shall be set back a minimum of five feet from property lines, Maximum height of General Permitted Uses buildings - Thirty five feet. Minimum fioor area - None required, Minimum lot or parcel area - None required, 2, 3. 4. 5. 6, Standards for parking, landscaping, signs and other land shall be in accordance with the LOC provision in effect at the time of site development plan application. 2-2 A,genda Item No, Be November 27, 2007 Page 118 of 127 SECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to set forth the permitted uses and development standards for the development of the project. A. Principal Uses and Structures: No building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: 1. Accounting, auditing and bookkeeping services (Group 8721). 2. Amusement and recreation services (Groups 7911-7941,7991,7993). 3. Apparel and accessory stores (Groups 5611-5699). 4. Auto and home supply stores (Group 5531). 5. Automotive repair services, and parking (Groups 7514, 7515, 7534, 7542). 6. Building materials, hardware and garden supplies (Groups 5211-5261). 7, Business services (Groups 7311, 7313, 7334-7335, 7371-7379, 7384). 8. Child day care services (Group 8351). 9, Miscellaneous retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999). 10. Depository institutions (Groups 6011-6099). 11. Eating and drinking places (Groups 5812-5813), 12. Electrical repair shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 13. Engineering, accounting, research, management, and related services (Groups 8711- 8713, 8721, 8741-8743, 8748), 14. Food stores (Groups 5411-5499). 15. Gasoline service stations (Group 5541 except marine service stations and truck stops subject to the LDC). Received 8/27/07 3-1 Aoenda Item No, Be November 27, 2007 Page 119 of 127 16. Group care facilities (Category I and II); Care units except for homeless shelters; and nursing homes, subject to the LDC. 17. General merchandise stores (Groups 5311-5399). 18, Health services (Groups 8011-8049, 8082, 8093, 8099). 19, Holding and other investment offices (Groups 6712-6799). 20, Home fumiture, fumishings, and equipment stores (Groups 5712-5736), 21, Hotels and motels (Group 7011 in accordance with the development standards in this CPUD Document). 22. Insurance agents, brokers, and service (Group 6411). 23. Insurance carriers (Groups 6311-6399), 24. Libraries (Group 8231), 25, Legal services (Group 8111), 26, Membership organizations (Groups 8611-8661, 8699). 27. Miscellaneous personal services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251, 7291). 28. Miscellaneous repair services (Group 7631). 29. Museums and art galleries (Group 8412). 30. New and used automobile sales (Group 5511). 31. Nondepository credit institutions (Groups 6111-6163). 32. Paint, glass and wallpaper Stores (Group 5231). 33, Public finance, taxation and monetary policy (Group 9311 property tax assessors' office and taxation departments only). 34, Public order and safety (Groups 9211 and 9224). 35, Real estate (Groups 6512, 6531-6552). 36, Social services (Groups 8322 activity centers, elderly or handicapped, adult day care centers; and day care centers; adult and handicapped only, and Group 8351), 37. United States Postal Service (Group 4311, except major distribution center). 38. Veterinary services (Groups 0742, 0752, excluding outside kenneling), Received 8/27/07 3-2 Agenda Item No, se November 27,2007 Page 120 of 127 39. Video tape rental (Group 7841). 40. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDC, in effect at the time of the request for such use. B. Accessory Uses and Structures: 1, Kiosk vendors. 2. Outdoor dining shall be permitted as an accessory use to an eating establishment. 3. Communication facilities including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHG, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permits, 4, Parking structures, 5, Generators. 6, Utility buildings, 7, Chickee or picnic areas. 8. Pool, tennis courts, and recreational amenities associated with a hotel or motel. 9. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.2 DEVELOPMENT STANDARDS FOR PRINCIPAL AND ACCESSORY USES EXCEPT HOTEL AND MOTEL USE Minimum Lot Area: Ten thousand (10,000) square feet for principal uses; none for accessory uses. Minimum Lot Width: One hundred feet (100') for principal uses; none for accessory uses. Minimum Yard Requirements: From Immokalee Road: Fifty feet (50') for principal uses; twenty feet (20') for accessory uses. Front Yard: Twenty-five feet (25') for principal uses; twenty feet (20') for accessory uses. All other yards: Fifteen feet (15') for principal and accessory uses. Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet (10') feet for accessory structures and all other site alterations, There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that It will not adversely impact the integrity of that preserve. Maximum Height: Thirty-five feet (35') for principal and accessory structures, except for non-functional architectural elements (such as bell towers) which shall have a maximum height of fifty feet (50'). Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross floor area for each building on the ground floor. Received 8/27/07 3-3 Aaenda Item No Be November 27,2'007 Page 121 of 127 Minimum Floor Area of Accessory Structure: none required. Distance between principal structures: None, or a minimum of five feet (5') with unobstructed passage from front to rear yard. Distance between principal and accessory structures: None required. Minimum standards for lighting and landscaping shall be in accordance with the LDC in effect at the time final local development orders are requested, 3.3 HOTEL AND MOTEL DEVELOPMENT STANDARDS Minimum Lot Area: One (1) acre for principal uses; none for accessory structures. Minimum Lot Width: One hundred fifty feet (150') for principal structures; none for accessory structures, Minimum Yard Requirements: 1, From Immokalee Road: Fifty feet (50') for principal uses and twenty feet (20') for accessory structures. 2. Front Yard: Fifty-five percent (55%) of building height or twenty feet (20'), whichever is greater for principal and accessory structures, 3. All other yards: Twenty feet (20') for principal and accessory structures, Maximum Height: Sixty feet (60') or six stories, whichever is greater, for principal uses and thirty-five feet (35') for accessory uses. Distance between principal structures: Fifteen feet (15') or one-half (Y:>) the sum of the building heights, whichever is greater. Distance between principal and accessory structures: none required. Setback from Preserves: Twenty-five feet (25.) feet for principal structures; ten feet (10') feet for accessory structures and all other site alterations. There shall be no site alternations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. Minimum standards for lighting and landscaping shall be in accordance with the LDC in effect at the time final local development orders are requested. Received 8/27/07 3-4 Agenda Item No, Be November 27,2007 Page 122 of 127 3,4 BUFFERS The following identifies the buffer according to land use type: Internal Buffers on: A. Interchange Commercial: 1. 10 feet adjacent to hotel parcel; 2. 10 feet adjacent to internal rights-of-way; 3. 10 feet adjacent to eastern boundary with Donovan PUD; B, Hotel: 1. 2, 3, 10 feet adjacent to commercial parcels; 10 feet adjacent to internal rights-of-way; 10 feet adjacent to eastern boundary with Donovan PUD. The buffer on the southern project boundary shall be kept in native vegetation existing on the site or shall be planted with native vegetation in those areas devoid of native vegetation. 3.5 PROJECT INTENSITY The total acreage of the Gaspar Station CPUD is approximately 17.7 acres. The Interchange Commercial retail and service uses shall be penmitted at a rate of 7,500 square feet per gross acre. The office uses shall be permitted at a rate of 15,000 square feet per gross acre and the hotel/motel use is permitted at a rate of 26 units per gross acre, Received 8/27/07 3-5 Aaenda Item No Be November 27,2'007 Page 123 of 127 SECTION IV PRESERVE/NATIVE VEGETATION DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Gaspar Station CPUD designated on the CPUD Master Plan as "Preserve/Native Vegetation". 4.2 GENERAL DESCRIPTION Areas designated as Preserve/Native Vegetation District on the Gaspar Station CPUD Master Plan are designed to accommodate customary uses in preserve areas. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses and Structures: 1, 2, 3, 4, 5. Conservation and preserve. Passive recreational areas, pervious nature trails, and other similar uses. Water management structures. Mitigation areas and mitigation maintenance activities. Any other preservation and related open space activity or use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. Received 8/27/07 4-1 Agenda Item I~o, Be November 27, 2007 Page 124 of 127 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 5.2 TRANSPORTATION A. The developer has provided left and right turn lanes on Immokalee Road at Juliet Boulevard. B, The developer has made a fair share contribution toward the capital cost of a traffic signal at the project entrance. C, All traffic control devices on public roadways shall conform to the Manual on Unifonm Traffic Control Devices as required by Chapter 316, Florida Statutes, Street signs shall be the sole responsibility of the developer, his successors, or assigns, D, The above required improvements shall be considered "site related" as defined in the LDC and shall not be applied as credits toward any impact fee. E, The developer has previously conveyed a twenty-five foot (25') strip of land to the County by deed recorded in Official Records Book 1545 at Page 443 of the Official Records of Collier County, Florida, for the widening of Immokalee Road. In addition the developer conveyed additional land for the expanded Immokalee right-of-way by deed recorded in Official Records Book 1837 at Page 1099 of Collier County, Florida, F, The developer has provided a cross drain across Immokalee Road to the canal on the north to be incorporated and provide the County with access to it for use in connection with the six-Ianing of Immokalee Road. This work was completed and paid for by the developer under an agreement between the developer and the County dated May 4, 1993, G. The original PUD strongly recommended the extension of the then existing four-lane section of Immokalee Road west and through the proposed construction of a four lane median opening on Immokalee Road aligned with the eastern boundary of the project and Pelican Strand (flk/a Regency Village) to the north of Immokalee Road. The median opening was constructed and paid for by the developer under the agreement with the County dated May 4, 1993. The four-Ianing has been completed to the west. The four lane extension is subject to a fair share road impact fee credit applicable to the added through lanes. H, The project entry from Immokalee Road is located along its eastern boundary and aligns with the present median cut and traffic signal on Immokalee Road at the entrance to The Strand PUD. The entry was designed so that it is interconnected to and is used by the developments that are located to the east of the project and west of 1-75, The inter- connection and use of the entryway by adjoining landowners is pursuant to an existing cross use or cross easement agreement. Received 8/27/07 5-1 Agenda Item No. 8e November 27.2007 Page 125 of 127 I. Roads will be private. The developer has created the Juliet Boulevard Roadway Association, Inc" which is responsible for roads, streets and drainage improvements and maintenance of Juliet Boulevard. J, At the time of approval of the final plat or final site development plan, whichever comes first, the developer shall show an interconnection to the property on the west boundary of the Gaspar Station CPUD to allow the property located on the said west side access to Juliet Boulevard, The location of the interconnection is to be determined by the developer of Gaspar Station CPUD and approved by the County. The developer of the Gaspar Station CPUD shall record the interconnection as an easement prior to issuance of any county development approvals, The interconnection shall not be deemed to be a right-of-way, road, or street for the application of either zoning setback or buffering requirements. The interconnection shall not be deemed to require an amendment of the CPUD or its CPUD Master Plan, The easement shall provide two-way vehicular access and one pedestrian access consistent with ADA requirements. At the time of approval of the final plat or final site development plan, whichever comes first, for the adjacent westem property, if the owner does not provide an interconnection and record a cross access easement to the Developer of Gaspar Station, the easement on the Gaspar Station PUD shall automatically terminate. 5.3 OPEN SPACE REQUIREMENTS The total project is 17,7 acres requiring a minimum of 5,3 acres to be retained as open space. 5.4 NATIVE VEGETATION RETENTION REQUIREMENTS A minimum of 15% of the native vegetation present shall be preserved within the project. The total native vegetation existing on the site is approximately 16.3 acres and a minimum of 2.4 acres of native vegetation shall be preserved within the existing and proposed preserve areas as indicated on the CPUD Master Plan, Areas that fulfill the native vegetation retention standards shall be set aside as preserve areas and shall be protected by a permanent conservation easement. A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species and maintenance of permitted facilities, 5,5 CLEARING AND FILL STORAGE Fill storage is generally permitted as a temporary principal use throughout the Gaspar Station CPUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator. The following standards shall apply: 1. Stockpile maximum height: forty five feet; 2, Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers If the side slope of the stockpile is steeper than 4 to 1. Received 8/27/07 5-2 Agenda Item No, Be November 27, 2007 Page 126 of 127 5.6 LITTORAL SHELF PLANTING Wet detention ponds shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation and be planted with native aquatic vegetation, 5,7 AFFORDABLE HOUING The Developer shall make a donation to Collier County Affordable Housing Trust Fund in the amount of $0,50 per square foot of gross leasable floor area as depicted on approved Site Development Plans, The payment shall be made as a condition to the issuance of a Certificate of Occupancy and the amount shall be for the gross leasable floor area for that particular Certificate of Occupancy, Such payments shall be credited against any subsequently adopted fee for affordable or workforce housing by Collier County, Received 8/27/07 5-3 L)"-"- ""ON O~ ON- '7 ,0 ~"- ;:::N~ (i):......,,- ........0 -.OJ'" E' ==::YJ '-..-' Q) ro ~>[L _0 4:2 a::Z if, - ,t: ~~ I.! ~ I ! !~ I c ~ ~OO . ~ ' ~~~:i m "- u' I 'Ii 211~f, ~~' il~.I~ II n: 0 ,.; ~J- J:Ji;:! o "=!'~1~ !U ~ VI!;;:=> v I ~ Uli~i ~ c. ~ l'lli! I~ ji B m >- <Cf-'o.. m I ::; z '" ~ !J~ :i w i 0 w I.::JVI .;~ . ;.: III J: ~ ~ ~ ::> ~ V> . I u I . < , ~ ;~ ~~~~~~ Lll_m'!t<q,.... ON""':N...:r-: - - I c: >- IV 15<11 ~ ~l ~i ~ ~-a:; ~ g-u ~ ~i'i~>~ ~ 8:: g.~"E ~ ~~eJL~ ::l 2~!~g c ~ ill ~ ~ 1U:-'-' :? ~"'" c.. ~ ,-=~.g ..J .E~O ~-=:'1- ~" ~~ ~~ ~ ~ .~ 'S dr H, 00 H iiE .0 ~i =5 ii~ E 0 :>a . u , C ~ C . C 0 E Ill.- ;;;11"8 H~ ..~ FlV~ ..~~ E i:i'!: "E~ .; . ~i/ ";;"'" .!!!r.J a , ~~ c" O~ '-"'0 ~~ .9 ';:~ ~~ z a; ~ o ~ u i= :;:~ ~ .~ ~ l!) z< w "'~ ~ ~~ > !;;: z ~~~1V:; E . ~ l f .!! ~c ! ~~ ~~~ i ~ ~ ~.l:' I 1'],.,.. ~~':;:.....:. w ~Hntla u *- no. ~ c.~ 5:"" ~ ~~~-g.E.!i~~ ZV'l 6:;:a-~5.5V;o 00 ~ ~ ~ ~ o ,,",,",0 0- 00 .", u~ .!f:.:=. ~r-~~---:-""':1j.' i "" "I . i .;1-0:------.., \!I \ : ~ I, flI . Ii: "0 l1'" .1, , ~. '-T J, --.'.'F-'-~= !,i, ~ I I : \..~J \, L' ~ ; ~ " ii' i i ~:~~~=~~:~-=-~~=~~~ ~~~:~ =:::::;;~'f...=~~;,,-~.:~;:~~_,~ej --'7,""n"""'~ _n'~ ~ -~~- ~'iii..~ I ~- ;;;~~~7_'~J S'=-o n~~=-~O-IFij;--~-"'----'--. ~Ui I nl : ,~ .~~ I I ~ I i,1 ~ r-'/-------,./--'\II' ~ ~llf' ) ~ !~f ~ r!l\ j-j i.\I>:'i.-' ~ i ;!; :) ~ ~':a: "':l! , l ,.",,,~~<<:,,,. :3 , -1'- '" / ~H \~~~1-~ ~ / I j~'; i ~~ij ).'t, ~ ,j I! ~ 1 !i (~~.~':J / 'L: ,----~' j '.", / - I )' i Jl ( ~__..._~~__~~/l:.\~*~",,, k H ..t~ ,: '>', / :~~~~~;~ :1"'F' ! Ii em, ____~--~-,=--'-'-lL----m~ ,_,-:::,-_<,~-=:",dltl\~. i '!1~i I 1 ~ ~iH I ~~ I, , L. ~I ~I I ~' . ~ j I i i = o , .! ~I ~! 1li ~u ~~1;Ij ---:::._.._._-~._...._..-_--':.__...-_..----_._------~.._--_._- ,..-.--.....-..,.........-, -.....-..- COLLIER COUNTY 130JlRD (IF :aUNTY C()MM!SSlO!~EP.S -- Item Number: Item Summary: - r,i~.; I:,'" I :c, 'lL-iT'C I\.,:C: r')r,,~q "'.It;'cn by I',nd",',~;; [; "" b.PCIPI ~, I'thr- "iT<)I"" Meeting Dllte: 1/'27" 'C 0'1 Prepared 8y ,-"jii'-ilijon 2'~"';\J ;','C, ;!,af;O" ,- to rh'_' F~C cl::>ani ,,' ~;(>lJnt:.' ::>'-." U';[C ;~"mmi.S5iol""'; ApproverJ By .'''L',~" '" [.,.hid" i\':~[\, ,YF "'.:(J,,' ,re',um', e.LmL'ih:.";"J :"'"18 ;_'~('(J Page 1 of 1 tc.(Mnd,j limn No, fJA :'~::>\iernbe[ 27. 2007 P8ge'1 of 1 '/v',-'1"J'- ')i(jani I-Ie ,;'f --- -- filc://C:\AgcndaT est\Export\93-Novc11l ber~"o102 7.'%202007\09_ %20BOAR DO,'<:.2001:%20C.. 1\ /20/2007 EXECUTIVE SUMMARY Ageneja Item [\]0. 98 !'~ovemb8r 27, 2007 Page 1 of 15 APPOINTMENT OF MEMBER(S) TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE OB.JECTIVE: To appoint 1 member to 4 year term, expiring on November 13, 201], to the Vanderbilt Bcach Beautification MSTU Advisory Committce. CONSIDERATIONS: The Vanderbilt Beach Beautification MSTU Advisory Committee had 2 terms cxpire on November 13, Z007. This 5 member committee was established on July 31, ZOO] by Ordinance No. ZOO 1-43 to aid and assist the BCC in carrying out the purposes of the MSTU, to prcparc and recommend to thc BCC an itemized budget for thc MSTU and recommend work programs and priorities to the County Manager. Members must be peI111anent residents within the MSTU. Terms will be 4 years. A list ofthc current membership is included in the backup, The terms for William Llewellyn Schmidt and Carol Wright expired on November 13.2007. A pl~ess release was issued and resumes \\.'crc rec~lvcd fi"()111 tne foBo\ving .3 interested citizens: APPLICANT CATEGORY DlST ELI(CTOR ABY. COMM, I Robert A. BU111s Resides within MST1:-withdrt'w -i=i Yes None i Bruce Resides WithIn ' V"S - R, I:orman MSTl' '- c._ None I Jacqueline VI", Rammel Reside',; viitllin )VIST(.withdre" ~ i v Nnn~' ,_ I es - ~ " ATTENDANCE: N/A COMMITTEE RECOMMENDATION: Brucc R. FOI11lan FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 27,2008 Page 1 of 1 A::(~l1da Iterll No. 9B I'JINHnt)(ol 27, 2007 Pane~:of15 COLLIER COUNTY BOAR;} OF COUNTY CQMMfSSIONEF:S Item Number: '5 flemSummary: Meeting Date: Lq,)Yr1irlif;n' III nll)(-~ to (flP \'an:ie'-;,,;' r~f';;ln', H[-'21:,tt:'t;:;jl,,}r i'~~:TU r '.1"II,/.1r,' '::'G'fHrilt~2e cU' ',I',! Prl'flllrl'd By SLI""lt,,qr' ':~,%utIVt. ManOf,!!H: , lhf) fie:: I;~t(, H()Mci0IC()~m;'li ::.ommiss.oncrr, r:cc .:1t',c~ ApprrlVI'U By ./Jrll"" V, /iIU(j(1 ",OUp!v r,'~n~8~" U)lc: "h""::',(:,i';;\,,,nw '_.:J"';Y1;~""','nt"'" ';",-,1'1(,' hhr;~(J"- -,un"". :)M file:! /e: \AgendaTest\Export\93" November%2027 ,%202007\09. %.20BOARD%200F%20C.. 11120/2007 fi,qenda item t\Jo. 98 N~ovember 27, 2007 Page 3 of 15 8r (-:Ounty .,.,.," --- ~< - . _,- . M._~._..... ......... TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: November 8, 2007 SUBJECT: Vanderbilt Beach Beautification MSTU Recommendation to the Board for filling vacant position. - The Vanderbilt Beach Beautification MSTU has received and reviewed three applications by the prescribed deadline for its two vacancies, Both Mr, Robert Burns and Miss, Jacqueline Bammel withdrew their applications for personal reasons, The third applicant was evaluated based on the potential contributions to the Committee. He meets the criteria required to be eligible for the committee and resides within the MSTU's district boundary. The Committee recommends the following applicant for appointment to the vacant tenn as indicated below: NAME TYPE OF APPOINTMENT New -Appoinnnenl TERM EXPIRES FIELD OF EXPERTISE/CATEGORY Bruce R. Forman Resident in Naples 4 + years, BS Ed, - Health Education. Ohio SllI1e University MPH - Health Care Organization and Administration - University of Medicine and Dentistry of New Jersey Background: Worked in Pubic Service Field. specifically Public Health Fields., Consumer & Environmental Health for 30 years. Community Activities - Past member of the Vanderbilt Property Owners A"lsoc. and the Vanderbilt Beach and Bav A<;sociation. Please let me know you need any other information Transportation Services Division Alt, Transportation Modes Department ,!\Qenda Item No 98 I'J"ovember 27, 2"007 Page 4 of 15 Vanderbilt Beach Beautification MSTU Advisory Committee Name Work Phone Appt'd J:.xp. Date Term Home Phone DateRe-appt 21ldExpDate 2nd Term Mr, Charles C. Arthur 09/24/02 I ] /13/04 2 Years 239 Channel Drive 594-8958 11/16/04 ] 1/13/08 4 Years Naples, FL 34] 08 E-Mail: ccarthur@msn,com District: 2 Category: Resident - Conners Vanderbilt Beach Estates Mr. William Llewellyn Schmidt I 1/] 8/03 11/13/07 4 Years // v 405 Pine Avenue 596-8546 Naples, FL 34108 E-Mail: District: 2 Category: Resident-Vanderbilt Beach Estates Mr. Richard E. Lydon 11113/01 1lI13/05 4 Years 450 Tradewinds Avenue 597-2746 11-15-05 11 -13-09 4 Years Naples, FL 34108 E-Mail: dlydonl24@aoI.com District: 2 Category: Resident-East Side ofVanderbiIt Lagoon Ms. Carol Wright 01/08/02 I 1/13103 2 Years / 9375 GuIfshore Drive 597-9503 11/18/03 11/13/07 4 Years Naples, FL 34108 E-Mail: District: 2 Category: Resident-Seawatch Condominiwn Mr. Alvin Martin, Jr, 01/08/02 11/13/04 3 Years 9790 Gulf shore Drive, #306 514-3067 11/16/04 11/13/08 4 Years Naples, FL 34108 E-Mail: bud,martin@att,net District: 2 Category: Resident-Le Dauphin ':,,;. -""""O::;_7:,:';-:::"~:_:_-~:-,-~,-",; _ Wron~d~.Febroaryl~2~7 _~,,:o: "--'cT',-r_ "'~"'_"""~:'_"',~,;. -,- ;~""'"",""W_'_"~J-..' Pagel of 2 Agenda Jtem No. 98 November 27.2007 Page 5:Jf 15 Vanderbilt Beach Beautification MSTU Advisory Committee Name Work Phone Home Phone Appt'd DateRe-appt Exp, Date 2ndExpDate Term 2nd Term This 5 member committee was established on July 31, 2001 by Ordinance No, 2001-43 to aid and assist the BeC in carrying out the purposes of the MSTU, to prepare and recommend to the BCe an itemized budget for the MSTU and recommend work programs and priorities to the County Manager. Members must be permanent residents within the MSTU, After initial appointments, terms will be 4 years, FL STAT: Chapter 125, 165 & 200 Staff: b<. ElcLMI., Transportation Operations eoordinator: 417-6081 -re >S, -e S;J lut Wedllesday;Fehruary 14,:2007" Page 2 oJ2 Agenda Item No, 98 November 27,2007 Page 6 of 15 MEMORANDUM DATE: September 28, 2007 ", t";(.T;C{1 ,;~~10::~;;' TO: Elections Office W Sue Filson, Executive Manager, . .. J Board of County Commissioner .I FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees, Please let me know if those listed below are registered voters in Collier County, Also, please list the commission district in which each applicant resides, COMMISSION DISTRICT VANDERBILT BEACH BEAUT MSTU ADV COM Robert A. Burns 10173 Gulfshore Drive Naples, FL 34108 ~ Bruce R. Forman 11116 Gulfshore Drive, Unit 903B Naples, FL 34108 ~ Jacqueline W. Barnmel 9486 Gulfshore Drive Naples, FL 34108 d-- Thank you for your help. filS0"_S Page 1 of 1 ;-I.Genoa Item !\lo. 9B l\fovember 27, 2D07 Page 7 of 15 From: sillery_t Sent: Wednesday, October 24, 2007 8:50 AM To: filson_s Cc: sbdburns@comcast.net; RichardDarryl Subject: FW: Vanderbilt Beach MSTU - vacancies Sue: Here is Mr. Burns email withdrawing his application From: sbdburns@comcast.net (mailto:sbdburns@comcast.net] Sent: Tuesday, October 23, 2007 5:24 PM To: sillery-t Subject: Fw: Vanderbilt Beach MSTU Sorry. Meant to forward prior e-mail. --- Original Message ----- From: sbdburns@comcastnet To: sdlery.! Sent: Friday, October 19, 2007 7: 11 AM Subject: Vanderbilt Beach MSTU Tessiel This will confirm that I must withdraw my application for the Vanderbilt Bcach Beautification MSTU Advisory Committee, I work during the week and am not able to attend that meetings as scheduled, Robert A. Bums --- Original Message ---- From: sillery.t To: sbdburns@comcast.net Sent: Thursday, October 18, 2007 5:32 PM Subject: You requested my email I notified the committee that you were withdrawing your application due to the time the committee met. Please email me back when you can, Tessie Sillery, OperaNons Coordinator 239-252-5840 10/24/2007 filson_s Page 1 0[2 Agenda Item 1"0, 98 November 27,2007 Page 8 of ',5 0- From: sillery_t Sent: Monday, October 22, 2007 12:08 PM To: filson_s Cc: RichardDarryl; flagg_d Subject: FW: Vanderbilt Beach MSTU - Request your attendance Importance: High Sue: The following applicants have withdrawn their applications: Mr, Burns - reason: Phone conversation' The time the meetings are scheduled is not a good time for him, Miss, Bammel - reason for withdraWing application -see email below, Note: Mr Forman IS,very interested to be on the mstu board, - Me. Forman - attended the October 18'h meeting - The committee chose to hold off and vote at their next meeting, ressie Sillery, Operations Coordinator From: Jackie Bammel [mailto:jwbammel@embarqmail.com] -Sent: Sunday, October 21, 20077:07 PM : slllerLt; jwbammel@embarqmail.com; sbdbums@comcast.net; FBAYVIEW@aol.com _c: 'Dick Lydon'; RichardDarryl; flagg_d; SCHAPIN43@aOl.com; 'Darlene' Subject: RE: Vanderbilt Beach MSTU . Request your attendance Tessie, After careful consideration, I have decided to withdraw my application for the Vanderbilt MSTU board position, However, I will continue to support the efforts of the committee by continuing to work toward the burial of the lines and supporting other projects whenever possible, Thank you for your consideration, Jacqueline Bammel ----Original Message----- From: sillery.t [mailto:TessieSillery@colliergov,net] Sent: Thursday, October 11, 2007 10:43 AM To: jWbammel@embarqmail.com; sbdbums@comcast.net; FBAYVIEW@aol,com Cc: Dick Lydon; RichardDarryl; f1agQ....d; SCHAPIN43@aOl.com; Darlene Subject: Vanderbilt Beach MSTU - Request your attendance Attention: Applicants Robert Burns Bruce R. Forman Jacqueline Bammel 10/22/2007 ., Page 2 of2 Agenda item l--io, 98 November 27, 2007 Hello, my name is Tessie Sillery, I am the Operations Coordinator and Danyl Richard is the Project M~fJf!lr ti!!e Vanderbilt Beach MSTU, This is to notify you of the upcoming Vanderbi~ Beach MSTU meeting and to request your attendance, The committee will be reviewing your applications, . Date: October 18, 2007 . Site: SI. John Evangelist Parish Life Center (625 III th Avenue, Naples,) . Time: 10:00 am Please let me know if you need any assistance, Tessie Sillery Operations eoordinator 252-5840, 10/22/2007 MEMORANDUM Agenda Item No. 98 November 27, 2007 Page 10 of 15 DATE: September 28, 2007 TO: Tessie Sillery, Transportation~\'ons Sue Filson, Executive Manager X/ Board of County Commissioner.; (\ FROM: RE: Vanderbilt Beach Beautification MSTU Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration, I have attached the applications received for your review as follows: Robert A. Burns 10173 Gulfshore Drive Naples, FL 34108 Bruce R, Forman ] 1116 Gulfshore Drive, Unit 903B Naples, FL 34108 Jacqueline W. Banunel 9486 Gulfshore Drive Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration, Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application filson_s From: sbdburns@comcast.net at: Thursday, September 27,20071:07 PM ~ filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 9/27/2007 1:06:59 PM. Name: /RobertA. Burn~ Home Phone: 1..<:3<1-SQ/.j- ohq::z. Home Address: I] 0173 GulfShore Driv~ City: Naplesl Zip Code: ~4] 081 Phone Numbers Fax: I Business: I . e-Mail Address:~bdburnsla)comcast.ne~ Work Place: !Edison Colleg~ How lon~ have you lived in Collier County: B Have you ever been convicted of any offense a~ainst the law? IEB Are you a registered voter in Collier County? ~ Board / Committee Applied for: Iv anderbilt Beach Beatification MSTUI Category: !Not indicate~ Do you currently hold public offfice? IEB Do you currently or ever served on a Collier County Board or . Please list your community activities: I Education: IBA Chemistrv. PhD Chemistrvl 9/27/2007 ~ Page I of2 !-\oenda Item !~o 95 hrOv8rnber- 27, 20C:'7 Page 11 of '1::; Advisory Board Application lEA Chemistry, PhD Chemistryl Page 2 of2 Agenda Item I'~o. 98 November 27, 2007 Page 12 of 15 . '-. -- 9/27/2007 Advisory Board Application filson_s Page 1 of2 )\,genda item No. 98 November 27, 20U7 Page 13 of 15 From: FBAYVIEW@aol.com at: Thursday, September 27,2007 1 :34 PM ~: filson_s Subject: New On-line AdvisOty Board Application Submitted \, Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 9/27/20071:33:36 PM. Name: !Bruce R, Forman/ Home Phone: ~39-566-85931 Home Address: 111116 Gulfshore Dr.. Unit 9~ City: /Naplesl Zip Code: 134] 081 Phone Numbers Fal.:: I Business: ~ . e-Mail Address: jFBA YVIEWlaJ,aoLcomj Work Place: /Retiredj How lon~ have you lived in Collier County: ~ Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !vanderbilt Beach Beautification MSTU Advisory Boardj Category: /Not indicate~ Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: ast member of the Vanderbilt Pro e Owners Assoc, and the Vanderbilt Beach and Ba Education: !B.S, Ed.- Health Ed.- The Ohio State University M,P,H. - Health Care Organization and 9/27/2007 - dministration- Universi of Medicine and Denti Page 2 of2 A enda Item No, 98 I oV8mber 27, 2007 Page 14 of 15 Advisory Board Application ~ -9 -. 9/27/2007 of New Jerse . . . . FR;:J~ .TO'-f\ BHf1M~L PHOI,IE liD. S~p, 27 2~3e~~;~~ 8~ OD N-ovember 27,2007 Page 15 of 15 23'3 5'371.::.73 Board of County Commissioners 33lJl East Tllmiami Trail Naples. FI" 34112 (239) 252-8097 ...: (239) 252-3602 Application for Advisory Committees/Boards Name:.J@flt~':~ ~. ~~e{ HomePh.ne: c!J..19~6'r7-t:373 H.m.Add....s: uf.ho re. Dr. ~~ Zip Code: ,3Yte R .'" ':;Q,591-j3 'l ~ Bu.;ness Phon.,'________ "-m'il.d<lr."'.jl,,)b::iJl{med&M~f)1Q, f. D ' 00"" 1'1.<e 6f Employm.nt:_ ll-efi V'<!'d _' __,___, _'____ Board or Committee Appli.d for:J a >'I--1~...iilJ l+- ,8<:h.a4 111 ST2J Ih:I j)1$Cy, ( ~dj~<'!iJ Cate~ory (>fapplicabie),_ _ Eumpl*': Commiuiun .!lktnc:t, 1>""..I(lp.r. fllll~l"OllD'".e.tnli,t, iM~p;;:-~n, tt~ How lone. have you lived. jn Collier C(Jun~': Y~~rs___iO Month~ Ar-e. YCiU a re~is:tered voter in ColliE!r County: 'i:" es -..J.{"____No Do }'OU currently hold public office? \"'e~ if _0, whit t. tl\a~ office'! 'io Ran YOll ever been convicted of any offense against the Law? If yt$. eApJain; ~ClS No ~/ Do YOlJ n(IoW $(!rvc. or bavf you ~'tr >erv~, on #II CoWer CouDt)' board or cumminec? Yet _____ No ,/ If yt$1 please H$t tbe coth.mitteeslb<1ard$: Please list your c(lmmunity acth'tties (dvic elub5, neighborhood a ociations, etc. and positions held: ' , . a .~ ,1 Education; 4 5~1 aJe.s ~.... + tiA,,), ';"/~\_1 a.v>>-.s.e>.<;; E~pen.ne~: ~ ~ ~WYleJ-. o~ ~;e ~ hVM- 1';,H~/:; ~ (. ';~ .{:','I,I +1 -e Ay,e ~~ ~7Ef;;~e~f%:i~~{i!;l^~~~f-'r~/.,:::;r - --- PIM"~ lUt",1 U"}~ 4Idrlilumal i~f9,.IItJUiqfl )Ie.. fi:l!1 Mf'd..."d. ni~ IIpplic>tJ,hm :;hnf</ti ~ Jr>~r-dNt I;' SW-FiJll"IJ, ExtJ~Mti~ MII1'IIl';r-;;-- sh.t &Jard fllCOUMf,l C""'/lfWW-It'rs, J31j 1 EoM Tltm,.,,,,; 71'diJ. Nllpk-;. F'I. 'U I 12, If:!olr whJJ, ~fI fM )'f.'jU ""plicl1WIf M) (U~)152-J6(J1 or fl-"'"" W ~~r:iiiJoNlilr.rDO;,"u".IU:L Thank Yt1U ft1r ,ttlu,u"'1'11tJ: II; Ikfn'f!"~ CUi"'N~' lI'f C,,1Ji.n C<JM"~ EXECUTIVE SUMMARY Agenda Item I~o, 9C November 27, 2007 Page 1 of 10 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD OBJECTIVE: To appoint] member to fultjll the remainder of a vacant term, expiring on February 14, 2008, to the Collier County Code Enf()rcement Board, CONSIDERA nONS: The Collier County Code Euforcemcut Board has 1 vacancy due to a resignation with the tern1 expiring on Febmary 24, 2008. This 7 member board. plus 2 alternate members. is composed of. but not limited to, individuals representing the occupations of architect. businessman, engineer, general contrador, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enj()rced. Members are required to file a r01111 I Statcment of Financia] Interest each year with the Supervisor ofEleetions. Terms are 3 years, A list or the cmrent membership is induded in the backup. Mr. Gerald J. Lefebvre resigned on September 28. 2007 to become a candidate. A press release Vlas issued and I resume was received f-l-om the j-(dlowing interested citizen: APPLICANT CATEGOIlV IllST ELECTOR ADV, COMM, LGerald J. ':.t'1cbvre--lREGUl.AR . Real f:>,tare/Zoning i ' r;:;;~-~ I_~~~ I ATTENDANCE: Perfect Attendance COMMITTEE RECOMMENDATION: Quasi-Judicial -- no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointments, Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 27, 2007 -- Page 1 of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: FT" )i'1;,lne~1 ')' "'kll"~.lC tr, t'w C (-,Ii,,' (11.tr1ty C,c;;e t',',ic"cc"-:fJnt l-l,');Hc! :1:'2-''',01' ,.-M Prepared By Su,,"rlr<)(, E:~(lCllt""."Mafl"g,,rh\i1(, E,:::C ;:."t" BnMdof{;oumy [-',CC-:)ihee CaMmi!;,,;"n"'r~ Approved By ',W,(H f,'ludd >w"'-vMarwpw '_;Me F''',;,t'( C:Hmt> -~('f1;'''E''IOrt''''':' ';rH1l1:\1 f)il1nU,lW Uf!'f.'-- 'l'1\1120(]72:ihPM file://C:\AgendaT est\Export\93- November%2027, %202007\09. %20BOARD%200F%20C ... 11/20/2007 ,A,genda Item hio. 9C ['..Jovember 27, 2007 Page 3 of 10 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Michelle Arnold, Code Enforcement Director Date: November 9, 2007 Subject: Code Enforcement Board I am in receipt of your memo dated November 2, 2007 in which you requested review of applications submitted by citizens interested in serving on the Code Enforcement Board (CEB), The resumes for the applicant listed below were reviewed and meet the Code Enforcement Board Consolidated Ordinance No. 2007-44, general classification requirements in the following categories: NAME CATEGORY Gerald J, Lefebvre Realtor Mr. Lefebvre was a regular member of the Code Enforcement Board who resigned September 28, 2007 to conform with the Board of County Commissioners' rules requiring advisory board members running for office to resign, Mr. Lefebvre had a perfect attendance as a member of the Code Enforcement Board for calendar year 2007. Please consider the residency of the applicant to ensure that the various communities throughout the County are being represented, Should you require additional input please feel free to contact me at 403-2413. Code Enforcement Department Agenda Item No, 9C November 27, 2007 Page ~ of ',Q Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp, Date Term Home Phone DateRe-appt 2ntlExpDate 2nd Term Mr. Lionel L 'Esperance 273-4424 01/23/07 02114/10 3 Years 86 Mahogany Drive 566-2274 Naples, FL 34108 E-Mail: Lioneljr@aol.com District: I Category: ALTERNATE -Plumbing Contractor Mr. Charles Martin 784-5498 10/24/06 02114/09 3 Years 2222 Gulfshore Boulevard N" #Q3 262-7287 Naples, FL 34102 E-Mail: realtygloba1@aol.com District: 2 11';;Wi Categm:v: AL TERNA TE-Realtor j Ro.) UI-" v . {!rt Mr. Richard Kraenbring~I1 tJirl'596-2315 10/26/04 02114/06 4 months l-995 Tarpoo B~' Im"" h #2!H 298-6215 04/26/05 02/24/08 3 Years Naples, FL,3A119 3r..{/ffR E-Mail: rkraenbring@swfia.rr.com District: 3 CategolJ!: REGULAR - Construction , , Ms, Sheri Barnett 09/10/02 02/14/05 , 591-2149 3 Years I 1160 27th Street, SoW. 455-4296 03/08105 02114/08 3 Years , Naples, FL 34117 I E-Mail: scbamett1@#ear1hlink.net ! , District: 5 , I CategoIJ': REGULAR - Financial Planning I I Mr. Kenneth Kelly I 435-0014 02114/06 02114/07 I Year I 4260 16th Street, N.E. 354-2021 01/23/07 02114/10 3 Years Naples, FL 34120 i E-Mail: kenkellyroofing.com District: 5 Category: REGULAR-Roofing Contractor Friday, Janaary 26, 2007 Page 1 of3 Agenda Item t'.jo. 8C November 27, 2007 Page 5 of 10 Collier County Code Enforcement Board - North Name Work Phone Home Phone Appt'd DateRe-appt Exp, Date 2ndExpDate Term 2nd Term Mr. Jerry P. Morgan 04/26/05 2350 Mont Claire Drive, #201 594-8204 01/23/07 Naples, FL 34109 E-Mail: District: 2 Category: REGULAR - Consttuction Mr, Gerald J. Lefebvre . ,J; 5389 Cove Circle ij.e5i() -0"\ ~aple,s,FL 34119 +:I~ ' E-Ml1I/: District: 3 CategOl}': REGULAR - Real Estate/Zoning 597-8500 04/28/02 nE 8~l)4 0 I /24/06 SQ3 -l(gl('f Mr, George p, Ponte 02/18/97 565 Augusta Boulevard, Apt 10 793-1370 01/24/06 Naples, FL 34113 E-Mail: District: 1 Category: REGULAR - Retired CBS Employee Mr. Larry Dean Mieszcak 06/28/05 7280 Carducci Court 732-1713 01/24/06 Naples, FL 34114 E-Mail: LVMI960@earthlink.net District: 5 Category: REGULAR - Real Estate Fr;(Ia.J'. January 26,2007 Page 2 of3 02/14/07 02/14/10 02/14/03 02/14/09 02/14/00 02/14/09 02/14/06 02/14/09 2 Years 3 Years I Year 3 Years v/' 3 Years 3 Years 8mos 3 Years Collier County Code Enforcement Board - North Name Work Pllone Appt'd Exp, Date Home Plltme DateRe-appt 2ndExpDate Agenda 11em No. 9C November 27, 2007 Page 6 of 10 Term 2nd Term This 7 member board was created pursuant to Chapter 162 of the FL Stat by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer. general contractor. subconlraclor and Real\Dr and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections, T enns are 3 years, This is a Quasi Judicial Board, Two altemale members were approved by Ord, 96-78 on 12/3196, FLSTAT 162 Staff: Michelle Arnold, Code Enforcement Director:: 403-2413 -_.--.... Frida)', Janl/ary 26. 1007 Page 3 of3 ,L.,qenda item f\io 9C 1'.Jovelllber 27, 2'007 Page 7 of 0 MEMORANDUM DATE: November 2, 2007 Elections Office i' Sue Filson, Executive Manager \ I . Board of County Commissioners TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees, Please let me know if those listed below are registered voters in Collier County, Also, please list the commission district in which each applicant resides, CODE ENFORCEMENT BOARD COMMISSION DISTRICT Gerald J. Lefebvre 5389 Cove Circle Naples, FL 34119 3 Thank you for your help, MEMORANDUM Agenda item No, 9C November 27, 2007 Page 8 of 10 DATE: November 2, 2007 TO: Michelle Arnold, Code Enforc~ee~t irector Sue Filson, Executive Manager ' Board of County Commissione " FROM: RE: Code Enforcement Board As you know, we currently have a vacancy on the above-referenced advisory committee, A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration, 1 have attached the applications received for your review as follows: Gerald], Lefebvre 5389 Cove Circle Naples, FL 341] 9 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and 1 will prepare an executive swnmary for the Board's consideration, Please include in your return memo the attendance records of the applicants recommended for reappointment, Please categorize the applicants in areas of expertise, If you have any questions, please call me at 774-8097, Thank you for your attention to this matler, SF Attachments Advisory Board Application filson_s Page I of2 Agenda Item t\Jo. 9C f'-Jovember 27, 2007 Pag/2 9 of 10 From: naplesproperties@comcasl.net at: Thursday, November 01, 2007 9:37 AM ~ filson_s Subje<:t: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 111112007 9:36:48 AM. Name: perald J. Lefebvr~ Home Phone: ~39-593-484~ Home Address: 15389 Cove Circl~ City: lNaplesl Zip Code: [34] ] 91 Phone Numbers Fax: ~39-594-38391 Business: ~39-404-019~ . e-Mail Address:lnaplesproperties(iV.comcast.ne~ Work Place: !united Real Estat~ How lon~ have you lived in Collier County: [ill Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? ~ Board I Committee Applied for: !code Enforcement Boardj Category: !Not indicate~ Do you currently hold public offiice? ~ !code Enforcement Boar~ Do you currently or ever sen'ed on a Collier County Board or Committee? Iy e~ . Please list our community activities: oun Professional Education: luniversity of Connecticut Bachelors of Arts in Political Science! 1111/2007 Ex erience: ollier County Code Enforcement Board May 2002-Septmenber 2007 Zoning Board of Appeal allin ford, CT 1998-2001 Page 2 of2 L\genda Item No, ge November 27,2007 Page 10 of 10 Advisory Board Application . -. -. 1111/2007 Agenda item No. 9D November 27, 2007 Page 1 of 16 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To appoint I member to fulfill the remainder of a vacant tcrn1, expiring on October 1,2008, to the Affordable Housing Commission. CONSIDERATIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 91-65 as amended to monitor the implementation of the Affordable Housing Task Force's recommendations. and the goals, objectives. and policies ofthe Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment Cll1ancing l'or infrastructure f,)r site development of affordable housing for low income househo Ids; develop means or mechanisms (0 encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security f,)r rentals would deposit these in a selectcd hank where such bank would contribute to the Housing Trust Fund a gin calculated on the average collected balance i()r the month; investigate a plan t"r any linkage and inclusionary mning recommcndations; revic\\ and determine the clTcct of proposed ordinances of affordable housing and make recommendations to the Board of County ('ommissioncrs and the Naples City Council; and investigate 'my other rclevant areas so directed by the Board of County Commissioners. The Board ofCmmty COlllmissioners will appoint g mcmbers. including the altemate member, two of which must live in the Rural Area fEast of Collier Boulevard), and one of those must be a resident oflmlllokalee. The City of Naplcs wiJI appoint 2 members. The commission shall be comprised of members from the county-at-Iarge. the City of Naples-at- large. the development community, affordable housing providers, financial institutions, the legal profession and realtors. Terms are 3 years. A list of the cUlTent membership is included in the backup. Ms. Esmeralda SelTata resigned on August 28, 2007. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Fred N. Thomas, Jr. lmmokalee Resident 5 Yes Lake Trafford Task Force lmmokalee EZDA Rural Lands Stewardship Comm Imm Master Plan &Visioning Dona Schrim Naples Resident 2 Yes Sheryl Soukup-withdrew Naples Resident 5 Yes ATTENDANCE: N/A COMMITTEE RECOMMENDA nON: Fred N. Thomas, Jr. NOTE: Section Five (D) of Ordinance 2001-55 states that "No person shall serve on more than .-' two County Boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her cUlTent Board positions, or the ,l\;;JBnda Item !'\jo, 9D I\Jovember 27, 2007 Page 2 of 16 application for a third Board shall be disqualified. This provision. however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. According to my rccords Fred N. Thomas, Jr. currently serves on the 4 committees listed abovc. If M1'. Thomas is appointed the Board will have to waive Scction Fivc CD) of the ordinance. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners considcr the rccommendation for appointment. appoint I mcmber, and direct the County Attol11ey to preparc a resolution confirnling tbe appointmcnt. Prepared By: Sue Filson, Exccutivc Manager Board of C:ounty Comnllssioners Agenda Bate: NOVEMBER 27, 2007 Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number; Item Summary; Meeting Date: "PPuIPtner;i C/ ,Tl("IllIY-~; 111s .~,fttYrlflble H:)1I5,ng , ,',Qp-d5S'CtI "'TCU'," 11: iM Prepared Uy SiJ~ f'il5-f)fj E:x'-,C.U\"j" ~bnJ9"r to tiw;;~ [late Bc~ni ':)f(.oumV CommlS5ioners ,;{'" Of be" Appruved By )~t'V,~ V I/,"d',: 1-,-":1:';)(>'" !"7t" ..jOHdo:C.':JUr;ty ~~C1I.-"'-'" r\ljJr.ag'-'"'~-, .,)ffw<Oe ~ i!1:; }[)(F "or I"'~;- (,""'''''',;L'nnrs file://C:\Agenda Test\Export\93- Novembcr%2027, %202007\09. %20BOARD%200F%20C.. 11/20/2007 ;:',aenda Item t\jo. 9D November 27 2007 Page 4 of :3 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant to BCC Marcy Krumbine, Director of Housing and Human Services November 13, 2007 Affordable Housing Commission The Affordable Housing Commission has received and reviewed the two, eligible applicants for one "Immokalee resident" vacancy on the Commission. The Commission is recommending the appointment of the following applicant to the Affordable Housing Commission: Fred Thomas, Jr. - Fred has a history of working with public housing for over 30 years with 16 years as the Executive Director of the Collier County Housing Authority. Fred also has significant experience with serving on County advisory committees and community redevelopment. Other candidates are listed below. Dona Schrim - realtor - non Immokalee resident Sheryl Soukoup - Executive Director - Immokalee Non-Profit Housing - non Immokalee resident Agenda item No. 9D November 27, 2007 Page 5 of,6 Affordable Housing Commission Name Work Phone Appt'd Exp, Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. James AI Pusateri 4971 Carromar Drive Naples, FL 34112 E-Mail: jpusat6700@aol.com District: I Category: Attorney and Judge 02/13/07 10/01/09 2 Years 775-7029 Mr. Stephen J. Hruby 430-3005 06112/07 1800 Gordon Drive 430-8011 06/12/07 Naples, FL 34102 E-Mail: shruby@architectsunlimited.com District: 4 Category: County - Architecture; Affordable Housing Dev ] 0/01/07 10/01/10 4 Months 3 Years - ~ Ms. Sally A. Masters 4401 Pond Apple Drive, S. Naples, FL 34119 E-Mail: TT4N@aol.com District: 3 Category: ALTERNATE 253-1579 09111107 592-5853 10/01/10 3 Years Mr. James A. Warnken 208 Silverado Drive Naples, FL 34119 E-Mail: jwarnken@markham-norton.eom District: 3 Category: Finance 433-5554 353-1035 09/11/07 10/01/09 2 Years - )/jl1td Ms. Esmeralda Serrata {-t /I 657-3649 "17 { 603 Nassau Street, Apt. 4 {, ,gO 657-5838 Irnmokalee, FL 34142 E-Mail: cchafl@aol.com District: 5 Category: Collier COW1ty Housing Authority OS/24/05 10101/08 3 Years V .-/. Th;;;~day, (/:;~b:;-25~2(/;/7~i':'~' ".:=:EWW~i :',-""~,,:,,,,:'.'~~',:'l/.,:_:'.:..,' '.,:Tt1::.. ':r.c."{\:",~:"" "~-::e-::,,' .,,~= ....:.7'1l(" "'r;;'::";",,c~ :~_., ", Page 1 of3 ':C',"'~_",",,;;,..-:::-r Affordable Housing Commission Name Work Pho"e Home Pltone Appt'd DateRe-appt 3 Years Mr. John Barlow 4351 Gulf Shore Blvd., N, #19N Naples, FL 34103 E-Mail: johnbarIow@Ierivage.net District: 4 Category: Safelite auto Glass .J Mr. Larry H. Fleming ~9f:/\ / /)1\ 563 Park Shore Drive ( ~' 1-'" Naples, FL 34103 E-Mail: NaplesRealEst@l.aoJ.com District: 4 Category: City 649-6380 02/13/07 649-6380 659-6464 05/09/06 434-2120 Mr. Cormac Giblin 649-4040 06/12/07 770 Fountainhead Lane 649-8918 Naples, FL 34103 E-Mail: CormacGiblin@wilsonmiller.com District: 4 Category: City of Naples Mr. Kenneth Kelly 435-0014 03/28/06 4260 16th Street, N.E. 354-2021 10/23/07 Naples, FL 34120 E-Mail: ken@kellyroofmg.com District: 5 Category: Roofing Contractor - Resides East of951 Mr. Brian L. Goguen 262-2600 06/12/07 6210 Golden Oaks Lane 513-0663 Naples, FL 34119 E-Mail: bgoguen@barroncollier.com District: 3 Category: COUNTY - Bs Mgmt, EDC, Urban Lake Institute ( '-'c<iJ:!t."''''''':c. ",:,~,,::"":=.1IIK .....~",.::,.".. .~'. Thursday, October 25,2007 '."'=<l'_"';;";;:~.,' .,~~7_' _'C:;:~ ''3,,'' IT ," ""';:"I!"::',:':-~C:: "-"'_....' ~'. Page2of3 Exp. Date 2ndExpDate 10/01/10 04/18/09 ] ]/18/09 10/01107 10/01110 10/01109 ,l\aenda Item No. 90 N'"'ovember 27, 2007 Page 6 of 16 Term 2nd Term 3 Years 2 Years 1 + Year 3 Years 2 Years Agenda Item No. 90 November 27, 2007 Page 7 of 16 Affordable Housing Commission Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 9 member commission was created on July 23,1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. Amended by Ordinance No. 2005-69: the BCC will appoint 8 members, including the altemate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county-at-Iarge, the City of Naples-at-Iarge, the development community, affordable housing providers, financial institutions, the (egal profession and realtors. On 12/14/04 the BCC adopted Ordinance 2004-77 to add 1 Alternate member to be appointed by the BCC. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. On December 13, 2005, the BCC approved Ord. No. 2005-69 changing the composition of the committee, 9 members and 1 alternate. The BCC will appoint 8 members, including the altemate (2 of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee) and the City of Naples will appoint 2 members. Jessica Rosenberg, Deputy City Clerk 213-1015 FLSTAT: none Staff: Marcy Krumbine, Housing & Huma Services Director: 252-8442 _"'r-' ';""",.' ;...~~. ,,'. Thursday, October 25, 2007 e>,'_........, --":-:",.;,.,. Page 3 of3 ',-r,';", Agenda !tern [\10. 9D November 27,2007 Page 8 of 16 MEMORANDUM DATE: November 2, 2007 TO: Elections Office ~ Sue Filson, Executive Manager \ / Board of County Commissioners FROM: RE: V oler Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the fallowing individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the eommission district in which each applicant resides. AFFORDABLE HOUSING COMMlSSION COMMISSION DISTRICT Fred N. Thomas,.lr. ] 205 Orchid A venue Irnrnokalee, FL 34142 5 eX 5 Dona Schrim 7513 Cordoba Circle Naples, FL 34109 Sheryl Soukup 2675 Orange Grove Trail Naples, FL 34120 Thank you for your help. MEMORANDUM Agenda Item No. 9D November 27.2007 Page 9 ot 16 DATE: November 2, 2007 TO: Marcy Krumbine, Housing and I Serviees Director Sue Filson, Executive Manager ' Board of County Commissioners v FROM: RE: Affordable Housing Commission As you know, we currently have a vacancy representing Immokalee on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Fred N. Thomas, Jr. 1205 Orchid Avenue Immokalee, FL 34142 Dona Schrim 7513 Cordoba Circle Naples, FL 34109 Sheryl Soukup 2675 Orange Grove Trail Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application ( f', 'Ch'~..-:( f{.u r.5 Agenda 1I!\:mft-,J]:l{}1[l (-- ~~ovBmb-er'27. 2007 Fiage 10 of 16 tuckersam . From: filson_s Sent: To: tuckersam Subject: FW: New On-line Advisory Board Application Submitted From: fntjr@aol.com fmailto:fntjr@aol.com] Sent: Fr' To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 7/13/2007 11:41:04 AM. . Name: !Fred N. Thomas Jr.1 Home Phone: ~39-657-54471 Home Address: 11205 Orchid A ve.1 City: ~mmokale~ Zip Code: 134142-28301 Phone Numbers Fax: I Business: ~39-657-81811 e-Mail Address:lfntjr@aol.coml Work Place: iRetired) How long have you lived in Collier County: !more than 15[ Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? Iy e~ . Board / Committee Applied for: nf/o,..d'tt6le. h't!VSl~ C'emmJSs~ Category: /Not indicated) 7/13/2007 . -1 . Advisory Board Application i\aenda 1~'i\J6. <oc2 N"'ovember 27. 2007 Page 11 of 16 Do you currently hold public offfice? ~ rnmokalee CRA Advisory, IMPVC, CAC ofMPO,Imrnokalee Water and Sewe oard ~ou currently or ever served on a Collier County Board or Committee? ~ PIease list onr communi activities: ast President or Chair of: Imrnokalee Rotary, Immokalee Chamber 0 Commerce, CCPC, IMPVC. Edncation: /BA Psycholomrl Ex erience: Retired in 2002, after 37 years in Public Housing Administration, the last 16 years as tbe Executive Director of the Collier C.9llJ1tYJ{.'2usin~uthority. 7!l3/2007 Advisory Board Application Page I of2 Agenda Item No. 9'J November 27. 2007 Page 12 of 16 filson_s From: Schrim3@aol.com .t: Monday, October 15, 200712:48 PM To: filson_s Subject: New On-line Advisory Board Application Submitted , "'. Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 10/15/2007 12:47:44 PM. Name: IDona Schrirnj Home Phone: ~39-596-1074) Home Address: 17513 Cordoba CircJ~ City: iNaple~ Zip Code: 1341091 Phone Numbers Fax: ~39-659-33331 Business: ~39-404-21811 . e-Mail Address:ISchrim3ia)aol.coml Work Place: !prudential Florida WCI Realtyj How lon~ have you lived in Collier County: [Ig ( Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? Iy e~ Board / Committee Applied for: [Affordable Housing Committe~ Cate~ory: !Committee membe~ Do you currently hold public offfice? ~ !Not Indicated! Do you currently or ever served on a Collier County Board or Committee? ~ . Please list your community activities: I Education: I- Virginia Intermont College: Applied ArtDesign. - Oberlin Conservatory: Applied Music/Piano. _ 10/15/2007 Advisory Board Application - - ireland Colle e: Business Mana ement. Page 2 of2 Aaenda Item No. 9D November 2 ,2007 a ,3 of 16 . '--... -e Ex erience: Prudential Florida WCI Realtor since 2000. -Over 30 years of Real Estate experience, in both evelopment and sales. -Redeveloped one of the largest marinas in the country (Founder of Sandusky ay Development) -Former owner of a Kentucky Subdivision (principal ofHuntertown Properties in ersailles, KY, a single-family housing development. -Columbus Chamber of Commerce-Economic eveloper -Franklin County Guardian Ad-Iiturn program -Children's Hospital Econimic Developmen oard in Columbus, Oho -Started several fundraisers for needy children in Colurnbus,Ohio (Catholic Social Services and St.Stephen's Community House). -Started several fundraiseTS for the Arts in Sandusky,Ohio (Arts CouneiI Board of Directors and Junior Art's League Board of Directors) - ABOR community affairs committee-Habitat for Humanity fundraisers -Barron Collier High School-fundraiser for my daughter's junior class. -Taught religious education at Stjohn's Church in aples -Dona Schrim is actively involved in the Naples Area Chamber of Commerce, the Naples hilhannonic League,Junior League of Southwest Florida and is a supporter of the Sunshine Kids, Kids with cancer as well as a host of other chari fundraisin events.- 10/15/2007 filson_s Page 1 of 1 Agenda Item No. 9D I"ovember 27,2007 Page 14 of 16 From: IRMAOutlook Tuesday, October 23,2007 12:34 PM filson_s ~ ~t: Subject: IRMA Message: Sheryl Soukup--Please Call Contacts: Soukup, Sheryl Caller: Sheryl Soukup Company: Immokalee Non-Profit Housing Exec. Dir. H B (239) 657-8333 C (239) 560-7302 Message: She would like to withdraw her application for the affordable housing commission. Please call. TELEPHONE MESSAGE Sent By: AmodeiPatricia . . (/ 10/23/2007 Advisory Board Application filson_s Page 1 of2 Agenda Item No. 90 November 27, 2007 Page '15 of 16 - From: sherylsoukup@aol.com ~nt: Tuesday, October 09,20073:03 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 10/9120073:03:08 PM. Name: !sheryl Souku~ Home Phone: ~39-560-73021 Home Address: 12675 Orange Grove Traiij City: lNaples! Zip Code: 1341201 Phone Numbers Fax: ~39-657-83351 Business: ~39-657-83331 ....., e-Mail Address: Isherylsoukup(Gjaol.comj Work Place: ~mmokalee Non-Profit Housin~ How Ion~ have you lived in Collier County: [!]I Have you ever been convicted of any offense against the law? 18.21 Are you a registered voter in Collier County? IY e~ Board I Committee Applied for: !Affordable Housing Commissio~ Category: !Not indicated! Do you currently hold public offfice? 18.21 Do you currently or ever served on a Collier County Board or Committee? ~ .. Please list our communi activities: mmokalee Foundation, Board member Rotary Club ofImmokalee, Member Leadership Collier, Class f2008 Interfaith Florida, Board member Lake Trafford Elementary, SAC member All Kids Play oundation of Corkscrew Communi , Volunteer Education Foundation, Take Stock in Children 10/10/2007 Advisory Board Application . . Education: !university of Massachusetts, B.S. Microbiology! Page 2 of2 I -: ~ n:::, I~~,. t,!r, QD rJovember 27, 2'OG7 Page Ai6of16 . Ex cricncc: rofessional: Executive Director of Immokalee Non-Profit Housing (operates two affordable rental ousing developments in Immokalee, 80% fannworker) Disability Advocacy, including affordable ousing issues: Immediate Past Chair of Family Care Council, Area 8; former member of Family Car ouncil Florida; former Board member of Family Cafe (Tallahassee); founder and former Executive irector of Families First of SWFL; advisory for Florida Developmental Disabilites Council Tallahassee); Partners in Policymaking, Class of 2004; and mother of a child with developmental isabilities. 10/10/2007 EXECUTIVE SUMMARY .l\genda Item I~D. 9E November 27. 2007 Page 1 ot 8 APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY OBJECTIVE: To appoint I membcr to fulfill the rcmainder of a vacant tcrm, expiring on April 4, 2011, to thc Immokalcc Enterprisc Zone Development Agency. CONSIDERATIONS: The Immokalee Enterprise Zone Development Agency has I vacancy with the tenn, expiring on April 4, 20 I I. This 13 mcmbcr committee was created on March 28, 1995, by Ordinance 95-22 to inducc private investment into distressed areas to crcate economic opportunities and sustainable economic development for designated areas. To pennit Collier County to pmiicipate in this program, the Board of County Commissioners nominated the ImmokaJee Community to be considcred by the Florida Depmiment of Commerce for Enterprise Zone designation in Resolution No. 95-24R, approved Mm'ch 28, 1995. As part of the formal application for an Enterprise Zone, the Statc required that a comlTlittee consisting of a broad base of citizens be established. The committee has representation irom the Immokalee Chamber of Commerce, financial or insurancc cntities,husinesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local Workibrcc Developmcnt Board, local code cnfcjrcement agcncy, and local law enforcement agency. This cIlmmittee also sel'\l,,, as the Immokalce Rcdevelopmcnt Board. A list of ihc eUlTen! memhership is included in the backup. - Carol Sykora, representing Local Codc Enlcjrcemcnt rcsigned on November! 5, 2007. An e-mail was received from Michelle Edwards Arnold advising that Gary Dantini, a Code Enfc)rcement employee will be replacing Ms. Sykora on tbe Immokalee EZDA. ATTENDANCE: NIA CODE ENFORCEMENT DIRECTOR RECOMMENDATION: Gary Dantini FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Bom'd of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 27,2007 _. Pagelofl !>,oend;:; item No r,r0Vemr)(;~1 n, pago 2 0;8 COLLIER COUNTY BOARD OF COUrHY COMMISSIONERS Item Number: Item Summary: Meeting Date: '.i)r'.()ln:merll'ill"",rTlI:J9' 'i:;lhp. :rnmO"d"eE::;O:D:". . ~'2 . ic'C:,( i" (;C,' 1('- ,:,1v1 Prepareu B~' ~~uc FllC,Of' ['('outivc \ilarl~(ler!<> tl"" Bce 1')1\1.. B"~rG Dr Count' l:C;C Olfiql' r';?mm;S,io"N,. AppruvNl Hy Jurn",,\'i,1utj,: ':"umy !'.~an~?er ".~tf' "'0'-' 'j .)1 ':~(}lJn'\ ";')1';"" ".'I~r"'q"" " ,':'rtj,,, j.'15J1r1' '4"1'.' ',.()rn'Y1i~',W""f'; file://C:\AgenduTest\Exp0l1\93- Novem ber%2027 ,%202007\09 ,%120BOARD%200P%20C.. 1 ] /20/2007 filsoo_s Page 1 of2 .'1qenda Item No 9E r-Tovernber 27. 2'007 Page 3 of 8 From: GreenwoodThomas Thursday, November 15, 2007 2: 30 PM filson_s Sent: To: Subject: Request of BCC to Accept Resignation and Appointment of Code Enforcement Officer to Immokalee EZDA and CRA Advisory Board Attachments: Gary Dantinie APPLICATION FORM.docCRAdoc Dear Ms. Filson: Please find c!ire_ctlytJ;>JQW an email from Code Enforcement officer Carol Sykora indicating that she is being transferred from Immokalee. "It is with deep regret and very much sadness in my heart that I have to tell you my department is taking me out of Immokalee. I have been told that Gary Dantini witl replace me as a member of the CRA, I am not sure if I will be able to attend the next meeting, I woutd like to say goodbye to everyone. Immokalee is my heart, I love it here, but unfortunately I do not have a choice. I will never forget the two years I have been here and wish you well on your endeavors." Carol Sykora Collier County Code Enforcement Field Supervisor FACE I, II, III CERTIFIED 239-530-6866 Carol!>) 'horarilC ollie rgol', lIet Please find authorization c!irectly below from Michelle Arnold, Code Enforcement Director authorizing the appointment from of Code Enforcement Officer Gary Dantini to replace Ms. Sykora on the EZDNCRA Advisory Board as provided by Ordinance. Please advise if other informanon is needed. Tom, As requested, this email is being sent to you to confirm that the Code Enforcement Department would like to replace Carol Sykora with Gary Dantini as staff representative on the Immokalee CRA Board. Thank you for your assistance With this process. Michelle Edwards Arnold Code Enforcement Director Please find 1!!!<lc.h;>.c! an application submitted by Gary Dantini to serve on the EZDA and CRA Advisory Boards. Thanks, Tom Thomas Greenwood. AICP Principal Planner Collier County Planning Department 11/15/2007 tI Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 77 4-8097 Fax: (239) 774-3602 Agenda Item No. 9E November 27, 2007 P e 4 of 8 Application for Advisory Committees/Boards Name: GARY DANTINI Home Phone: 239-348-0732 Home Address: 4285 12TH ST NE Zip Code:_34120 Fax No._239-304-3912_ Bnsiness Phone: 239-252..()867 e-mail address: GaryDantini@colliergov.net Place of Employment: _COLLIER COUNTY CODE ENFORCEMENT Board or Committee Applied for: _ CRA Category (if applicable): l:xample: Commission District. lkveloper, environmebtalist, lay person, etc. How long have you lived in Collier Couuty: Years_10 Months _6__ Are you a registered voter in Collier County: Yes_X No Do you currently hold public office? Yes No_X If so, what is that office? Have you ever been convicted of any offense against the Law? If yes, explain: Yes No X -- Do you now serve., or bave you ever served, on a Collier County board or committee? Yes _X_ No If yes, please list the committeeslboards: _eRA Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: _ _GOLDEN GATE AREA CIVIC ASSOC. MEMBER Education:_HIGH SCHOOL_ FLORIDA ASSOCIATION CODE ENFORCEMENT CERTIFIED Experience: _30 + YEARS SUPERVISION I MANAGEMENT EXPERIENCE PleMt! aJtach ~ tu/ditiolUll iIIformofiqn ymtfM pertine1lL TIds .p/ictltion slwulll beforwtU'ded to Silt! FilstHl, ExLcIttit1e MantIgU to The Board of County Commissioners, 3301 East Tamiami Tf'fIiI. Naples, FL 34112 If you wkh, please/ax your IIppUcation to (239)774-3602 or e-moiJ to ,H;cfi/wma,'co!lil'rfi!(JI'./li':" Th41tk you/or volunteering to serve the citium ofCoUier County. AgencJa item No. 9E hlovember 27. 2007 Page 5 of 8 ( Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp, Date Term Home Phone DateRe-appt 2ntlExpDate 2nd Term Mr. Fred N. Thomas, Jr. 657-8181 04/04/95 04/04/96 I Year 1205 Orchid Avenue 657-5447 04/26/05 04/04/09 4 Years Immokalee, FL 34142 E-Mail: futjr@aol.com District: 5 Category: Resident in Zone Mr. Richard Beers 229-9970 09/21/04 04/04/07 3 Years 507 N. 1 8th Street 657 -4524 04/J 0/07 04/04/11 4 Years Jmmokalee, FL 34142 E-Mail: rkheers2u@aol.com District: 5 Categw)': Resident of Zone Mr. Ira.T. MaIamut 658-3560 03/23/99 04/04/03 4 Years 11990 Wedge Drive 04/1 0/07 04/04/11 4 Years Ft. Myers, FL 33913 E-Mail: District: 0 Category: Non-profit Organization Mr. Richard Rice 657-3237 07/25/06 04/04/07 9 Mos. 1167 Serenita Way 657-6626 04/10/07 04/04/11 4 Years ImmokaIee, FL 34142 E-Mail: icoc@earthlink.nt District: 0 Category: Chamber of Commerce Mr. Bernardo Barnhart 657-3171 04/26/05 913 LaureI Street 657-5328 Immokalee, FL 34142 E-Mail: Bbarnhart@...FloridaCornrnunityBank.net District: Category: Finanical Entity 04/04/09 4 Years ( '.;.~,ii.>iAM.?:~.:-""." ,~=~,,",c.,..:::~~;.....,"':;'~:',-. ,<li'''-'-_,n)\~'':'' ,- ,.."""..,.,-;.:" ""'.c' .'':!';:'-.'''.':: ',"'.\::::~..' ..:';;'.:.:; ;,,~.: ,""h"~\,,-,,!,<',.:- ':'-nt'!;' ._",;" '-'''''';i',''''' Wednesday, April 11, 2007 Page 1 of 4 Agenda Item ~jo. 9E November 27.2007 Page 6 of S Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Denise Lujan Blanton 07/25/06 04/09/09 3 Years 1206 CamelIiaAvenue 657-4724 lmmokalee, FL 34142 E-Mail: denisebIanton@earthlink.net District: 5 Category: Loeal Business in the Zone/Resident Mr. Floyd Crews 657-2429 11/24/98 04/04/99 4 Months P.O. Box 5157 657-2370 04/1 0/07 04/04/11 4 Years lmmokalee, FL 34143 E-Mail: Distl'ict: 5 Category: Residentlbusiness Mr. Robert W. Soter 225-2500 09/21/04 04/04/07 3 Years 6209 Emerald Pines 561-0154 04/1 0/07 04/04/11 4 Years Ft. Myers, FL 33966 E-Mail: rsoter@sfwd.org District: 0 Category: Private Industry Council Ms. Eva J. Deyo 668-3630 04/26/05 04/04/06 1 Year 642 Clifton Street 657-6894 OS/23/06 04/04/10 4 Years Irnmokalee, FL 34142 E-Mail: evadeyo@earthlink.net District: 5 Category: Resident Ms. Ana Salazar 109 Georgia Road Ft. Myers, FL 33966 E-Mail: ana_salazar@earthlink.net District: 0 Category: Non-Profit Community-Based Organization 658-3318 303-0737 02/08/05 04/10/07 04/04/07 04/04/11 2 Years 4 Years ....J ~Wed;:~;d~, A;ritl r"2orr7 ;'.~t_'-'"W,._,t;'~~; 'f.~,~.."i',,".,,,;<;:,';_~;'.' ";,".:~~",;~_ ,;.",=:",-: ',?"', j";; 'i':.:-_" .."":l:li"':\f', i!''iV''1-'"''':-''' .. -,y",~~-,,~,to/.-;" Page2of4 i~.qenda Item No. 9E i~~ovember 27, 2007 Page 7 of S Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Captain Tom Davis 330] E. Tamiarni Trail Naples, FL 34112 E-Mail: District: Category: Local Law Enforcement 774-4434 06/1 4/05 OS/23/06 I Year 4 Years Mr. .r ulio Estremera 658-3327 10/1 1/05 ] 0220 Boca Circle 594-8073 04/1 0107 Naples, FL 34109 E-Mail: jestreme@fgcu.edu f)i~trjct: 2 CategOlJ': Nonprofit Community Rased Organization ;\C:')heJ Ms. Carol Sykora \.e '1 530-6866 04/10/07 2800 N. Horseshoe Drive tl,l% 877-8116 Naples, FL 34104 E-Mail: carolsykora@colliergov.net District: Category: Loeal Code Enforcement Mr. Robert Halman 353-4244 12/09/97 14700 Immokalee Road ImmokaJee, FL 34120 E-Mail: District: 5 Category: non-voting ex-officio member ( ~WednestlaY, April;I:~20(j7 C'r;''''><''~'>~",:",., ,CO',';-, '.,.~;,'-,O~' Page 3 of4 04/04/06 04/04/10 04/04/07 04/04/11 2 Years 4 Years 04/04111 4 Years 00/00/00 unlimited "",'~, ..,--." ')~~",'~I"', ".',:>1::'""<." ','~"" Aqenda Item No. 9E N'ovember 27,2007 Page 8 of 8 Immokalee Enterprise Zone Development Agency Name Work Phone Home Phone Appt'd DateRe-appt Exp. Date 2ndExpDate Term 2nd Term This 13 member committee was created on April 4, 1995, by Ord. No. 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. Initial members were appointed by Resolution No. 95-249. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the FL Depl of Commerce for Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the formal app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit community-based organizations, local workforce development board, local code enforcement agency, and loeallaw enforcement agency. Amended by Ord. No. 97-81 Terms are 4 years. This committee also serves as the Immokalee Redevelopment Board. FL STAT: 290.001 - 290.0t6 Staff: Thomas Greenwood, Principal Planner: 493-2323 ~'~'" .\'.l"tN-.: -.8.'. ~,. ';,~,"l."_...",'- ',,^,,: ".i:-'Y'~"'" Wednesday, April 11, 2007 '.'."~;' Page ','~";'';','3,',!'~'' {~,:,~:l;\'t'_~'" ~ EXECUTIVE SUMMARY Agenda Item 1'40. 10.4 November 27, 2007 Page 1 of 5 Obtain direction from the Board of County Commissioners on accepting after-the-fact developer applications for deferral of 100% of Collier County impact fees for owner- occupied affordable housing units and provide direction to staff to amend the Consolidated Impact Fee Ordinance. Board direction on this item will directly impact the following items on today's agenda: lOB, lOC, 10D, IOE, 10F, lOG, 10H, 101, 1 OJ, 10K, tOL, 10M and lON. OBJECTIVE: That the Board of County Commissioners (Board) provide direction on accepting aner-the-fact developer applications f(jr deferral of 100% of Collier County impact fees for owner-occupied aff(mjable housing units. CONSIDERATIONS: l\liicle IV of Chapter 74 of the Code of Laws and Ordinances cstahlished a program to defer impact fees fix qualilied aflimlable housing. Pursuant to Section 74-401(a)(2), an application f(n dekrral must be submitted prior to receiving a building permit: Any person seeking an (dfordoble housing d(f>rro!.(or proposed dely'lopmcnt shallfile with the county manager an application p". dcft'lnJ/. prior to receiving {/ huilding permit fJr Ihe propo.\'ed development Additionally, tbe application submitted prior to rcceiving a building pennit must contain the following information: a. The name and address ,,(the applicant; b. An up to date, complete legal description o( the site upon ,,,hieh the development is proposed to he located; c. The maximum income level o{the owner, or i{the owner is a developer or builder, the income level of the household to which the dwelling unit is to be sold or provided of occupancy; d. The square footage and number o{hedrool11s in each dwelling unit of the development During staffs review of the attached files to process tbe deferral for approval it was determined that Habitat for Humanity of Collier County, Inc. did not comply with the Ordinance. The following building pern1its were issued and impact fees paid prior to submission of an application for deferral: Pern1it Number 2007041982 2007020738 2006064370 2007012026 2007020743 2007020740 2006064365 2007020728 2006064384 Payment Posted 6/5/2007 3/27/2007 8/15/2006 2/112007 3/27/2007 3/27/2007 8/15/2006 3/27/2007 8/15/2006 Application Date 81712007 8/23/2007 9/18/2007 9/12/2007 9/5/2007 8/17/2007 9/14/2007 9/28/2007 91712007 Deferral Requested $26,204.83 S 12,442.52 S 13,6 I 6.20 $19,372.52 $12,442.52 $12,442.52 $13,616.20 S I 2,442.52 $13,616.20 ;-\g8ilca Itsrn r\JO. lOA !\Jovember 27, 2007 2 o~- 5 2007020732 2007052698 2006064377 2007041987 3/27/2007 6/5/2007 8/15/2006 6/512007 9/26/2007 9/7/2007 8/22/2007 8/7/2007 TOTAL $12,442.52 $26,240.68 $13,616.20 $26204.83 $214,700.26 Staff has discussed this oversight and has determined that an application from the developer after-the-faet would be required to approve the purchaser's defel1'al rcquest, complete necessary papef\\ork and maintain consistency with the Ordinance for these files and defelTal agreements. Stalf is aware of 48 additional deferral agreements processed, approved and lien agreement recorded with purchasers in which Habitat for Humanity of Collier County Inc did not comply with the Ordinance and paid tbe associated impact fees prior to submission of an application Jar dcferral. Habitat for Humanity of CoJlier County Inc is seeking reimbursement for those fees paid. There are an unknown number of other pennits in which this developer has received a building permit and paid the impact fces prior to sllbmissiol1 of' a quaIilled owner application ti)r deferral. If the devclopcr \\cre at some point in the lilturc to submit an eligible application and reimbursemcnt request, tbosc applications would also require acceptance of an afler-tbe-Llct developer application in order to process the request and maintain consistency \V1tl1 the Ordinance. In order to be in full compliance witb Section 74-40] of tbe Code of Laws and Ordinances of Collier County, stalI seeks Board direction on proceeding with one of the following two options: Option One If the Board directs staff to accept aner-the-fact developer applications for impact fee deferral we will be in full compliance with Section 74-401 of the Code of Laws and Ordinances of Collier County. Additionally, acceptance of after-the-fact developer applications will result in the reimbursement of impact fees paid the developer. All reimbursements are subject to the availability of program funds and can not be guaranteed. Staff will never exceed the mmual limit for defelTals 01'3% of the prior fiscal year's collected impact fees. Option Two If the Board directs staff to rejecl afler-the-fact developer applications for impact fee deferral, Sec. 74-401(2)(a) would prohibit Collier County from offering impact fee defelTa]s to the purchaser of the unit. The thirteen attached applications would be denied based on non- compliance with the Ordinance. To avoid future non-compliance and allow tighter control of the limited funds available for affordable housing impact fee defelTals, staff requests Board direction on amending the current Consolidated Impact Fee Ordinance. The proposed ehanges are as follows: · Maintain the CU1Tent limit of 50 deferral agreements open at any single time far an individual developer, or for any developments that are under common ownership (Section 74-40 I (7)) Agenda hern No.1 Of\ November 27. 2007 ,Cage 3 of 5 . All other agreements require a qualified owner and recorded lien agreement prior to issuance of a building pern1it . In the event the qualified owner fails to purchase the propeliy (i.e. has not completed work hours, change in purchaser's intent, change in purchaser's financial situation), staff will amend the recorded agreement and assign it to the new qualified purchaser With Board direction, staff will work wilh tbe County Attorney's office to draft new language that will incorporate any directed changes to the Ordinance. All changes will be brought to the Board at a future meeting as an advertised public hearing. FISCAL IMPACT: If the Board directs staff to aecept these thirteen after-thc- fact developer applications from Habitat f(Jr Humanity of Collier County lnc and issue the associated reimbursemcnts, the fClllowing fiscal impact would apply: Roads Library C(JlTcctional Facilities C;ovcrnmcnt Buildings Community Parks Rcgional Parks Education Facilities Emergcncy Medical Services Law Enf(Jrccmcnt Sewer Water TOTAL $70.3:;5.00 $5,06249 S997.S4 S5,235.96 $10.30:;.00 $22.794.00 $45,164.00 $1.307.67 $2.21 S.30 $26,560.00 $24,700.00 $214,700.26 GROWTH MANAGEMENT IMPACT: If the Board authorizes the remittance of the requested impact fee reimbursemcnts it may adversely affect capital project funding. However, the specified deferrals do not exceed the annual program cap of 3%. LEGAL CONSIDERATIONS: Dependant on Board direction. STAFF RECOMMENDATION: Obtain direction from the Board of County Commissioners on accepting after-the- fact developer applications for deferral of 100% of Col1ier County impact fees for owner-occupied affordahle housing units and provide direction to staff to amend the Consolidated Impact Fee Ordinance. Board direction on this item will directly impact the following items on today's agenda: lOB, 10C, 10D, 10E, 10F, lOG, 10H, 1OI, 1OJ, 10K, 10L, 10M and JON. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services ARTICLE IV. AFFORDABLE HOUSING IMPACT FEE DEFERR"'-L' p,genda Item NO.1 CJA Noveml:li;< nf2fl07 . -'Page 4 of 5 ARTICLE IV. AFFORDABLE HOUSING IMPACT FEE DEFERRAL' 'Editor's note: Section 4 of Ord. No. 2005-40 retitled art. IV to read as herem set out. Formerly, said article was entitled affordable housing impact fee waiver or deferral. Sec. 74401. Impact fee deferral. (a) Applicability (1) Pursuant to the requirements established in this section and article IV. the county shall defer the payment of the impact fee tor any new owner-occupied or rental development which auaHfies as affordable 00iJSrng under this article. (2) Any person seeking an affordable housing deferral for proposed development shall file with the county manager an application for deferral, prior to receiving a building permi1 for the oroposed deveiopment The apprication for deferral shall contain the following' a. The Ilame and address of the applicant: b. An up to date, complete legal description of the site upon which tne development is proposed to be located: c. The maximum income level of the owner, or if the owner IS a developer or builder, the income level of the household to which the dweliing unit it to be sold or provided for occupancy; d. The square footage and number of bedrooms in each dwelling unit of the development. (3) If the proposed development meets the raquirements for an affordable housing deferral as set forth in this article, the county manager may, but is not required to, enter into an impact fee deferral agreement and is authorized to execute such deferral agreements along with any corresponding tri-party agreement intended to further define re-payment obligations, as may be applicable, with the owner or applicant. The impact fee deferral agreement shall be accepted by the county in lieu of prompt payment of theimpact fee that would otherwise then be due and payable but for the agreement. (b) Qualifying owner-occupied dwelling. To qualify for an affordable housing impact fee deferral, an owner-occupied dwelling unit must meet all of the following criteria: (1) The owner(s) or anticipated owner(s) of dwelling unit must have a very low, or moderate income level, at the time of final execution by the county of a deferral agreement as those IIlcome level terms are defined in section 74-402. (2) The monthly mortgage payment, including taxes and insurance, must not exceed 3D percent of that amount which represents the percentage of the median annual gross income for the applicable household category as indicated in section 74-702. However, it is not the intent to limit an individual household's ability to devote more than 3D percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent hltp:/!library l.municode.com/newords/DocView/1 0578/1 f] 93/197 ] 0/26i2007 COLLIER COUNTY BCJARD OF COUNTY COMMISSIQNERS Item Number: ,!Ji Item Summary: ,'l.'iW' C:.'(' 'U)n' 'he "',ar:1 (',;",[1: r r:T1-.rol%l, ". "11 .'cc',':fYing G~r,~r .rne :~'ct Jp: 'C91.0".<, '0' 'a' :":1'. C,)lil!)' JL;nL' "::'a~.' I,,'Y. T'T O'i!I',e r,_ "f/f:d :;w"c "L,re;~" IcWll ~ 'Ill". ;1",(.' ~', "C'I'~'" e:wy' oL:':' ,Hl".'I'l1 im, CO~S(;i -1,,1('" ""lICX' ;:::'-'e "',j, I,'inCf '_"CC1r'~ G;r' - nr G' "," ''''11 ,,}I i':'ec~k ,'-' '-.J~: :'". fur cl'.',"i:l(' It" \,$ 'J:ll,-'~"\'~ ':~ [., . [I1~ Meeting Date: 'I',', Preflllrl'd B~' >U.i"''''I1';'' SH!> -"'(l'~;:HT ',.,,,,!;,-,, N I:wtf, . ':!:ll",. ~ ,,-.,', __ f-V'oJ'.j""'l'1(iHu""'r C,', ',)Ie?' 1::'~;2W'- . ~:i "',M \flprnved By I'i'"",,"'" H,' ; ,. ':'li ~.: f: " , ,'. ~.; Approved Il~ 1:,"'77""'" PI."" '-')'n" .,..; ~, >\pprn"ed B) \[Ipr(tn'dlh '\pl'r<,,~d Ih ~ "i<, "'111'," ,CO"h' Apllrl>ved By "'i;n".,.'.",m"<<",,."'; :....;3n""~I~'."": J; ",,,c"e'. ')"".,,,~, ,J.._ C.C'ur.'.y i'"1ar',,,g',"-"[.Jf'f,,,, :::'~k;" ,,' r/,;''''l.'1L('''-''''': t H,.;(1(Wl 1:115:m;l7 ~.2',.,M Allproved By' j,,,,.,,,,.\ 1,.',ClOd ':,"ur':c'fiJrli''lH i;;l!O bO<lrd of ,;,,"'1\,' (.o"'mISStOr",.r~ cO',"'!\' r,I.),I<l~I~r'", ']f(,ce :1,':S,'?,\i[l;;:,5'P,," file:! /C:\AgendaT cst\Export\93- Novemher%202 7 ,%202007\ I 0.%20COCNTY%20MAN A... ] 1/20/2007 EXECUTIVE SUMMARY .i\genda Item No.1 OB November 27. 2007 Page 1 of 10 Recommendation that the Board of County Commissioncrs approves, and authorizes the Chairman to sign, a licn agreement with Ga'TY Jean Baptiste and Syndy Jean Baptiste (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 26, Block 11, Naples Manor Lakes and authol"izes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007041982 in the amount of $26,204.83. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Garry Jean Baptiste and Syndy Jean Baptiste for deferral of JOO% of Collier County impact fees f()r an owner-occupied affordable housing unit and authorize a reimburscmcnt of the impact fees paid by Habitat for Humanity of Collier County Inc. in the amowlt of S26,204.83. CONSIDERATIONS: Article IV of Chapter 74 of tile Code of Laws and Ordinances established a program to defer impact fees Ii)!' qualified affordablc housing. Pursuant to this program. an application I()r deferment was submitted by Garry .lean Baptiste and Syndy .lean Baptiste, which application, aileI' staff review, was determined to qualify I()J' the program. Legal status has been veIified and documents are on iile at the omce of Housing and HLlman Services. The property is loeated in the Naples Manor Lakes subdivision in Naples. ._-, During staff's review of the tile to process this deferral lor approval it was detennined that Habitat for Humanity of Collier County Inc. did not provide an application far the defclTaI program as a qualified developcr prior to issuancc of thc building pcrnlit 311d paymcnt of associated impact fees as required. Staff has discussed this oversight with tlie County Attorney's Office and recommends that the Board acccpt the application Ictter from the developer after-the- faet in order to complcte tlie rcquired paperwork and maintain consistcncy with the Ordinance for this file and deferral agreement. Upon approval and execution of this deferral agreement and lien, impact fecs paid hy Habitat for Humanity of Collicr County Inc. in the amount of $26,204.83 will be reimbursed. Section 74-202 of Article II, Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as 31nended, provides for specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. Spccifically, as set forth hy Section 74-202 (h) (5): "All reimbursement requests totaling twenty-jive thousand dollars ($25,000) or more, cannot be approved administrative(v and must he submitted to the Board of County Commissioners. " The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authodzes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has deternlined that until directed otherwise by thc Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chail111311'S signature. Agenda Item ['-lo. '10B r\Jovember 27. 2007 C h. d f' $'6 '04 83" ,. Al hi" Paqe 2 of 10 FISCAL IMP A T: T IS agreement e ers L ,L . l11 Impact lees, t oug 1 It IS expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreel11ent is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairnlan to sign the attached Lien Agreement for Deferral of JOO% of Collier County Impact Fees for Owner Occupied Af1()rdable Housing Dwelling Units tar GaITY kan Baptiste and Syndy Jean Baptiste located at Lot 26, Block I J, Naples Manor Lakes and anthorizes a reimburscment of the impact fees paid by Hahitat for Humanity of Collier County lnc on Building Permit 200704 I 982 in the amount of $26,204.83, and any budget amendments thaI may be required associated to the reimhursement. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing andlluman Services Return!1l Aaenda Item No.1 08 November 27,2007 Pag6: 3 of 10 FnmL.RllmllCY COm~'1" nlllllt~' llllS 3301t:.Tllmillmi.111l1l "illpl(", Jiluridll341 12 Filc# 08-024-1F ThiSSflHrt forrCfordina LIEN AGREEMENT FOR llEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOI:SING nWELLlNG UNITS This Agreement is entered into this __L__ day of ()ctobcr. ~007, between Collier County, a political suhdivision of the State of Florida (COUNTY) and "Garry .Teall Baptiste and Syndy Jean Baptiste" (OWNER). collectively stated as the "Parties." NO\\!', THEREFORE, f(lr good and valuable consideration, the rel~cipt ilnd sufficiency uf .which is rnuluaJJy acknowledged, the Partic~; agree as follows: This Lien Agreement is made pursuant to Chapter 74 of the Lode of Law~ and OrdinaDl~cs of Collier Cnunty. Florida. knov,m as ''The Collier County Consolidated ]mpacL Fcc (Jrdinancc" (Ordimmcl'i. In tk' e\'ent of am I;'Dl1llict with thi~ Agrc~menL the t";~flns pI' the Onlinance 'J,311 ;ti~ply The lega) desvripuon of the dwelling uml is attached ,.(C, L:;hihit .- A," f'hc Knr: nfthi,; A,grcenwtH l~ from rhe: dale set Jonh ~lhO\'l' un;;; itl" imrKlc:t rl:~' i;: repaid. .. Till' :JJ1Iounl 1..1" th(' impact lL:c~'; dcj:-:lTe.d ;;ha11 he paid h: :he COt ~<T\' ill full upon: aj lhl' sale oithe dwelling unit: hi the rcilnancing oi'the d\velling unit: c) u los~, "fthe homestead exemption: or J) the first occurrence <d' any sale or transfer of any part of tIll: affected rea] property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the ctlcctivc date of the transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Twentv Six Thousand Two Hundred Four and 83/1 on Dollars ($26.204.1-:3'1. Rcpayment shall include any accrued interest. Interest shall be computed at thr;: rate of five percent (5%) p~r annum. but. in no event shall it exceed twenty-fivc percent (2SfVo) of the total fee amount. 5. The deferred impact fees shall be a Hen on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance v.,ith the Ordinance or with this Agreement. This Agreement shall opcratt' as a lien against the dwelling unit. The Lien shall t\.:~rmjnatc upon the recording of a release or satisfaction of lien in the public records of the COWlty, The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned. or otherwise conveyed. Except as provided by law. regardless of any foreclosure on the first mongage or other security interest, this lien shall otherwise he superior and paranlount to the interest in the dwelling unit of any owner, ]CSSl"C, tenant mortgagee, or other person, except that this lien shall be 011 parity with any lien for County taxes. 6. Upon the satisfactory completion or this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OVINER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after "'Titten notice is provided to the OWNER, the COUNTY Agenda Item No. 108 November 27, 2007 Page 4 of 10 may, at its sole option. collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this AgreemenL or declare thut the deferred impact fees arc then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs. incurred by the COUNTY in enforcing this A&,rreemem, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis unlil paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the O\VNER'S successors and assigns in interest. 9. This Agreement shall he recorded in the official records of the County at no cost to the COUNTY. IN 'WITNESS WHEREOF. the Parties havc executed this Agreement 011 the date and year first ahove \\Tittcn. Attest: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. By By . Deputy Cler}.; JAMES COJ ,felTA. CHAIRMAN OWNER: Witnesses: ~,~' ..J. . _n<""'ht.i(~,~-<_ ~. .....,p:>:"..1-t..J:JCf.:, P. N ,,(,-:- ',. I I , nnt amc/_ ;f1j,~i)c.L.-1:~'_Ll{:1r--:;)._t./L _I~_n' 1--.','/)./:'/ . i ?I,'" Garry Jean Baptiste Ci.;1~^ /1" OWNER: va.mCS51Cs: /7'f;7 f. Pnrtt N~me ;-~~/;;'" f ea / STATE OF FLORIDA) COUNTY OF COLLIER) "1_ / -D- .' 7')/ .>:..~ rl'LV'Y 6.......'v"M.,/..--,~ Syndy Jean Baptiste ././C.~, 1//1), I I./,V5c/ 2007. Th~ foregoin.g <t...gre.cmcnt'.IVas ,::icknow19dged before me this ~ day of ()( i? ij]/r- byt.4'cdl' ,f :,'>-,'':-kl. ,Ij 11..,'1 ~:;l.'{'J)Nhe is personally knov-m to me or hao:; produced 'j .______--=asprON <lfldefilily. , ~\ :" ;y. .{rf Signature of PersonfTaKing Acknowledgment I ,-$'-':"';'" Usa B. Lefkow :.-?y P-: '\:'~ Commission # D0293446 i ~;~;;:~~~.: Expires March -4. 2008 f "',if',,",;"W"<'f<lJ,,,,,F',,,,,,,,,_,,,, !!fI(;,',"l;,m', Appr vcd s to form and I al ienc .. Recommend Appn?val: ! j r '-"'~'- ~,-~ ,/ Marcy Krumbine,MPA Director Collier County Housing and Human Services Jeffrey - Managl EXHIBIT "A" Agenda Item r,o. lOB November 27. 2007 Page 5 of 10 LEGAL IlESCRII'T10N Lot 26, Block J 1, Naples Mllnor L~kcs, ~ccordin~ to the Plat tlwreof as n~cordcd in 1)la1 Book 3, pa~c S6 and 87. Puhlic Records of Collier Count~., Florida. EXHIIlIT "H" tMI'ACT FEE IlREAKI)OWN Type of Impact fee Amount Owed i\. f;:MS Impact Fce $100.59 B. Correclional FaciJitie:,; impac! Fce tlI3.5:; C. Lihrary lmpacl Fc:c $460.2] D. Community Parks impact Fee $YJ5.1I11 l\cgiOi1~ll !larks Irnp;l(;t Fc-c $2.:'168.('\\.1 [:", ('dtJcaliorw! r:ll"ili:i,'.!: ~y';lcm Imf1:1cl rL'(' $g.::n.oo ROl1d Implll:t Fe,; ';;6.:;59,0'") Ci\lVcrnmt:ni Hu:jdin~~' 11llPllC' h',. :i:7:2:-,i\I; u<.: \\ t~njtlr('(,~lllCrll i n Il);L::~ Fe:c :i;2~:::,.;1i' Sewer System Fce S3.5l:i.llC1 k. WateT S:'str.:rn h..'c S3.4] 5.110 TOTAL IMI'ACT FEES $2(),204.83 IAI( Approv~d _ I _ q." :-,C':-! :>,;" :-iJ n: ;-):.,~'_ ,--' \.11\ ,ie', _, ,~;1 ... 1 j,;, J~ ('." -:-; ,,~' I';'"" h':2f "';,,:::, ~}t'jt::l ::-:.r Ll;~:' ::'\, 'he . . Agenda item t\io. '1 DB November 27. 2007 Page 6 of i 0 K ~,:. 'ii, .,,'" ~ ;:c " i August 7. 20117 .'\!tn: Frank Ramsey SHIP Program Coordinator Collier Count\' 3301 E. Tall1iami Trail Healtb & C()mrnunit) Scn-i~T~ Budding .\3pIeS. FL ! i 2 Fe: Impa{'t Fe{> Rcimhursemcm Dear . ~-;Jnk. Hahiw: l()r l-lun~(lnlI" .:)!. C (lliicr (',:\ulJr~- ;uc,. i':' :'l_'qucSllI1t; n.'irnNliSenKrlt fl_H'imp'-Kl paId lhn)~I~n ~ht. impact F'e.: l),::i"erT(t! Plograrn. lee::; \vert' p~H~i L:r; ('1'C\111 hy ilahiLl1. for HlIm~li1Jty \_-ollier Counl~;. lnc.. In llrdcr tu cxp,,::,'dite the h'Jijding pr(lcc~;s. IJo\\'eycr the future (H":ners frrr the properly qualif\ for an impact fee deferral. DescribeJ as follows: ;1;', Gar,:' & Syndy Jcan Baptistc 534J.Jcnnings St Naples FL 34113 Permit # 2007041982 " '.'" f ~ 11-. Please feel free to contact NOlma Lora (775-0036) if you have any questions or concerns. Sincer.e.J'-g;;~;.'At ~./ /^.,-:::' ~/ ///) /' /.. ,/..<;7/ / /~~ /Z>/ . r Samuel D~> M. D. President ", " ;\, ". (I, -<l'" Agenda Item NO.1 08 November 27, 2007 Page 7 of 10 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt mans Number L767233 ! Date .. _____ i 6/5/20()7 1040:~7 AM : ~/~~1~;;e =tW-;=i~~r---=::=J ._~-------~~._--- ._-,----_.__._,_._,-,..._---~ Address: 5341 JENNINGS ST Owner: CAGE, ALlSHA COA #: 07-0272 Permit Type: BR2 Job Desc: FRAMED S/F DET 1 STY-IMMOKALEE "A" 3/1 Applicant HABITAT FOR HUMANITY.SAM DBA HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Swr Meter: SC Wtr Meter: CC Payor: HABIT AT Fee Information i Fee-Code 'Description GL Account - -----p,molil'1iTWaiv8d-. ! 08BCAI' BLDG.CODE CERT SURCHARGE-1113000oooio882000-oo6 $564:---n~ !OBBP.NP._L BLDG F'.E_~_~'lJTS - NAPLE~--____"':"'11~tl8,9Q032211 000Jl,Q()__~=---$5320(j"" ----- '08CPSF . COMM PK IMPACT FEE S/F 34611636336351031346 __$9.3~:Ool-=--=- '08'EMSFj EMS IMPACT FEE S/F---~014047036351031356 $100.59 i , 08ENIM I EAST NAPLES FIRE IMPACT 11300000020982000000 - $249.04 !------: 08GBSF I GOVT-SLDG IMPACT FEE-SIF---- i 390122231363510313go--j~- $725.00 ]-u1 , 08JLS( JAIL IMPACT F 08LBSF __ L1BRAR'l'JMPA 08LWSF LAW ENF IMPA 08MFSG MICROFILM SU 08RDGS BLDG. PERMIT 08RPSF REG PK IMPAC 08S~HI SCHOOL~OAR 08SFR4 DIST 4 ROAD 1M c- 1'08TROP TRANSPORTAT 12SITE SITE INSPECTI 42MTTP COUNTY METE : 42SSDC ! SEWER SYSTE 42WSDC ttATER SYSTE ~!)ACR BLDG. P,ERMIT -- -. , -- - -.-..-...--- EE S/F '38111043036351031381 $113.53 __, CT FEE S/F 35515619036351 03135~... ~- $460.23 CT FEE S/F 38511043336351031385 $2!l.:,;48 .----- RCHARGE 11313890034144200000 $3.00 SURCHARGE__.. 11300000020880000000 $5.64 T FEE S/F .- 34611636336351031346 $2068.00 -~'--"-"'--'--' - o IMPACT FEE 11300000020905000000 i .- $8228.00 PACT..FE.~~SINGLE 33616365336351031336 $635\10_0 1 ___'0 - ------; ION ROW. PERMIT 10116364032920000000 $1.50.00 --3 ON-ENGINEERING 1311l8,32732249000000 $150.00 R TAP CHARGE 408~5321234332000000 $676.00 M CHARG.f::_._ 413263613)~3~QQ31413 -I~-- $3515.00 M CHARGE 41127351134336031411 , $3415.00 ! ! -----..- APP FEE CREDIT 11313890032251000000 , $-100.00 I , -_.'-- ____.n Total L~27876151 . Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:10/31/20074:27:21 PM L\genda Hem No.1 OB November 27, 2007 Page 8 of 10 Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt Date 61512007 10:4037 AM f ~~y~~~+g~ii9~~r .. '-:===j .~ Post Date I 61512007 Trans Number 767233__. -----~-,. -- ~---_.._------ Payment Code __ 'Account/Check Number CHECK_.._.__L1420Q______ ____ Memo: Collier County Board of County Commissioners CD-Plus for Windows 951NT Payments . .. .. ~-."Amounil . . ___ $27876.15.J Total Cash T o\al Non-Cash $0.00 I - '______._______________n_.____j $2787615 , Total Paid $27876.15 ----------------------- Cashierllocation: MURPHYLlNDA 1 User: POTTER.T Printed: 1 013112007 4:2721 PM Agenda Item Ho. 10B November 27, 2007 Page 9 of 10 ',"i):T;:i- '1,n!\' T1-bJ'l, \ ,~' I ;:- '-:Il c.::'), Ff",C~ \1 iiii':; '1'" n 1'.;,:HHJC '-:'.':\'15 PJ;;;h, jL:r'L~,:':'J S;;l P.:te[ SOLin~r 1").;JP<1e: \\',':.)r:~CG!i "..like '\",(,,1"" t<.ad '; ~'~:' Ij,,;:;ii.- 'iswn ;6 a U:Of}t:'j',)!'le:r, ~:;': :'li' ,,-,:t!irlc. ,:,:{ ,',,~ October 29,2007 Attn: Frank Ramsey SHIP Program Coordinator ceO] E. Tan1iami Trail Naples. Florida c4] 12 RE: Permit #: 5341 Jennings Street. i<a.plcs, FL ,-:'41 J J 200704](j82 Ucar r ;';;~Ej~_ !-Iabj~al f'or j"lUJllan:t> C()!;\cr pc: I_ne C ImpacL r:::.~e Deferral PrDgranL IdenJ th::.' ,;;hcrvc as an affordable housing unit. Please iC1 [his lctl~~r SC1"\'f: a~;:m afh:'r~th:;-fac1 appiication and identification That an income eligihlc. legal resident of tbe United States ,viII occupy the propen}' once cOlnplete. Habitat for Humanity of Collier County, Inc paid the Impact Fees upfront in order to expedite the huilding process, Please feel free to contact Norma Lora (775-0036) if you have any questions or concems. S. I /' ,. mcere ~.... ...<;_.~.... J' .// 7~// :;,//' ~(.;.' . ~ '.j y~.. /' .r ,/',/<;,.,/'" <- ,/ ~//,", )~ "L' ' //e/ t." ,J' '-' ,,:,r:. Samuel Durso, M,D. President ------.- ". ,'-,r1l1~\r:,H; ralJ ~ ,!'; ':":::-",:)\;.16. ::3S.,i....~.."CI,;;i u<~:~} Fl(lu: :n<JhfhcnJ!icT,com -"',.~'iJl't.itz:'{'(l!he: n",g Page 1 of p.,oer,da item rJc N,'),unbc :'7, Prq01t' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ltemNumber: ~ DB Item Summary: 1-'C,U)~"'''Hh:ic:: .~ hZl' "'C 8C;Fci of' "c:.,tv ~"nr""C~,,(,'1'!,C, <l~;P"') '('5 ~"j aut:lor;Zi'~', 1'1', 'r8IPT,;]"W -3 ;,f'" ":rC-(e~'" --,,:t.-, "'-ir',-"jpT'S'" ~. /,-.(1-, 'c' Cl" ~';ac'l: S i( 'WI'WS '.1<";(";"'" r;!,Il" ,.'),I"'\"-,' "11;'; T~+" ()' ("""'18' '";';lJpre: efbl,j',nl" ->lb' . j c:::"" '. Iii!.' L J" ,.. ,H'.~' ;iUt'l'; ",'7 c"-' -"';1':1 ":'lC'''' "!'", 1,'d;U!) ,al:::" 'T,:'I :'I~' ,', cU"ri"'.. - ",,~ 'I - ,;" Meeting Date: I'rcparedfly '-,z",-f':a,,,,,,"y "fi:~' ~''''':,,'''''' "(,.w,; ,,31(' ".'LL' '''lI::,i'i.'',"'',j''''''_ ..,,) """".om!H. ';:,-';"1:~ L,ire'it: Art <\pl'ru",'d By ~"',: :,' Ilt:' r.jc", \pl'l'oved BI' "I' j'" Approwd By '\I'l'ron'd Ih Appr"v<;d II, '\ppruvl'd By "'<-"'.;~ '; I',' -.",ei ':",,,,t': ri'm~',,=i :'_Jf'. :;'O"'<ClJ"':GU"T\ c'r,unt\' ~',Jn"g"", Off ~ tr! S:;;,'J~7 1 ~ 3: ",M ;.omn"~"; file://C :\Agcnda T est\Export\93- Novembcr1'/o202 7.%202007\ I O.o'o20COUNTY%20MANA.. ] 1/20/2007 AGenda Item No.1 OC November 27.2007 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Araceli Ramirez (Owner) for deferral of 1000/,. of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020738 in the amount of $12,442.52, OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agrecment with Araceli Ramirez for defelTal of 100% of Collier County impact fees far an owncr-occupied affordable housing unit and authorize a reimbursement of the impact fees paid by Habitat li}[ Humanity of Collier County Inc. in the amount of$12.442.52. CONSIDERATIONS: AliicJe IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualiiled affordable housing. Pursuant to this program, an application for dcfemlent \\as submitted by Araceli Ramirez, which application, alter staff review, was dctcnnined to qualify f(,r the program. Legal status has been verified and documents are on tile at the oflice of \-lousing and Human Services. The propeIiy is located in thc LibeJiy Landing subdivision in ! mmokalee. --.. During staffs review of the tile to process this deferral for approval it was detemlined that the Habitat far Humanity of Collier County lnc did not provide an application for the deferral program as a qualified developcr prior to issuance of the building permit and payment of associated impact fees as required. Staff has discussed this oversight with the County Attorney's Office and recommends that the Board accept the application letter from the developer after-the- fact in order to complete the required paperwork and maintain eonsistency with the Ordinance for this file and defelTal agreement. Upon approval and execution of this defelTal agreement and lien, impact fees paid by Habitat for Humanity of Collier County Inc. in the amount of$12,442.52 will be reimbursed. The ordinance requires that a lien agreement be entered into with the applieant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign defelTal agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has detennined that until directed otherwise by the Board, these agreements be plaeed on the Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $12,442.52 in impact fees. Although it is expected that the County will ultimately collect these defelTed fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. ,-- GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. Agenda Item hio. 10C November 27, 2007 Page 2 of 10 STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Ar3celi Ramirez located at Lot 8, Liberty Landing, hnmokalee and authorizes a reimbursement ofthe impact fees paid by Habitat for Humanity of Collier County Inc on Building Pelmit 2007020738 in the amount of $12,442.52, and any budget amendments that may be required associated to the reimbursement. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Rtlnrnlo Agenda item t'h 1 DC November 27,2007 Page 3 of 10 Fuol,RlImu'y Collirr ('ount~' JUtS ]]01 L Tllmi~mi Trail ~lIple~, Horidll34112 File# 08-030-IF This spat'cfor fC~l>rd;ng LIEN AGREEMENT FOR I)EFERRAL OF 100% OF COLLIER COlIl'HY IMJ' ACT FEES FOR OWNER OCClJPlED AFFORDABLE HOUSING llWELLlNG UNITS [icf{){J.t. ~-' This Agreement. i~ entered into ihis ~__L_ cia), of 5lI$flt:mkr. 2007, between Collier County, a [}oiitical subdivision of the State of Florida <'COUNTY) and "Araceli Ramirez'" (OWNER), ;::njjectivcl}' stated as the "Panics." 1\0\\-:, TREREFORE, lor good and valuahle consideration. tht' n~c6rt and sufficiency or which is mutually ackno'\~ledged. till' !larties agree as follows' This Lien Agreement IS mmk pursuant to Chapler 74 n.fthc Code of Laws and (irdinanc,:..'s of Collier County. Florida. kDO\Vn as "The Cullter County Consolidated Impact I-\~e Ordinance" (Ordinance1- in the ~:v'::nl u.f' :m., c(1nHiC1 with lhi:;-')grecmcnL the terms or the Ordl!lun:..~t- ~;b:ll! ~he )('t!;<l! descrintioJ] 071!1';' chvdiin:,.' umt ~ltb(heu a~ ;::xhihI1 Tn~' 1~:-,11"' or Uli~' j\ l!n:~,-~I1l~~m l~, i'rmr lh~' dale ,;\:, f';\rtl; :lh~lV(' untll 1Jlt' lIr:pa;:. ~:"; reD:Jid [he amnunt (I; tile Im;:la.::t j(;(v: dcL.:r:"cc; ';hall l1:" " [:l~ 'u( q<T\'in i'lJii U1Km: ~~! m~ ~;alc of the dwellinf: unit: bi the r,::'inancinl; of In:: dwclEng unit: ,; 'I '" Jos~- ollne home:-;tcad exemption: m d'i the fi;'st occurrcrlcc of un)' sale or lransfe;' 0;- any part of the affected rcai property. and in any such ('.vem the deferred impact fees shall be paid in full to the COLINTY not later then the closing of the sale, or not latcr then the eflcctive dat.e ufthe transfer. As set forth in Exhibit "'S," the amount of the deferred impact fees is Twelve Thousand Four Hundrcd Fort" Two and 52/100 Dollars ($12.442,52). Repayment shall include any accrued interest. interest shall he computed at the ratc of five percent (5%) per annum. hut in no evt:nt shall it. exceed twemy~fivc percent (25%) of the total fee amount. 5. 'fhe deferred impact. fees shall he a lien 011 the property described in Exhibit "A," which lien may he foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Ab'TCCment. shall operate a" a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of thl' County. The deferrals of impact fees and this A.greemem shall run with the land. and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or othenvise conveyed. Except as provided by law, regardless of any f()fCclosure on the first mortgage or other security int(.~rcst, this lien shall otherwise be superior and pardlTIOllnt lo the interest in the dwelling unit of any owner, less'-"e. tenant. mortgagee. or other person, except that this lien shall be on parity with any lien for CounlY taxes. 6. Upon the satisfactory completion of this Agreement's requirements, (~OUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and t.he default is not cured within 30 days after vroHl..'Il notice is provided to the OWNER, tbe COUNTY ,L\genda 1t8m NO.1 DC November 27, 2007 Page 4 of 10 may. at its sole option, collect the impact fee amount in default a'i set forth in the Ordinance. or bring a civil action to enforce this Agreement. or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall he entitled to recover all fees and costs. including attorney's fee and costs. incurred by the COUNTY in enforcing this /\.grc(,.'mcnL plus interesl at the then maximwn statutory ratc fOl judgments calculated on a calendar year basis until paid. 8. 'Ibis Agreement is the sole dgrcement between the parties with respect to the subject mat1er herein. a.."1.0 shall he hinding upon the O\VNER'S successors and assigns in il1teres1. 9. This A~rccment shall he recnrded in the ofJici<l1 records of the County at no cost to the C'()L'N'1.~1' i~ \\'ITr\ESS \\'HEREOF, [he Panics have ::xc'cuted tillS Agreement on the dHk :md year fir::;! ;Ibo\.e \,vnttcn. \llcc:t. :)\i.."C:;H') . !1,f{()CK. <'jerk H.( )/d~J) OF CO! !!'>JT\' COMMISSIONERS -'()].r ,It:,:R ('(1\ r".."r',;' _ n.CiRIDA. k:-Jdl',i::-n' ,'1'11,,;';' ('C)':..F'TT'j,.. t.... '\I!~rvl/'<:' I\\",JU<. \V,i tn(.~:sc;;. ''\racdi Ramirez OWNER: \VilI)Csscs: ( f" ,f._, \ ' 1~~~~~~5~l~:-~:~~~- STATE OF FLORIDA) COUNTY OF COLLIER) The fopegoing Agre,~JT1ent was acknowledged before me this --.1___ day of /:..!I..:I-. 2007, by/,hi' ((/5~'J7A::/i./.:'I/l{ ~. ,who is personally known to me or has produced __~_,_,_,______, _~___ a.~11foof ofidcntii'y. [NOTARIAL SEA .j G'=SMENDOZA ,""'"t 1\ )"II~," .. '"444~ '.'.tuJ: ~y ("CiMM\S~\n~ ~ nD:' .'ilfl.T r,xPl~f.s Setllcrrtx"'1:.11J1;' .'l..",~.1 1'Il'<"""""t~",,,,,"A- ' I....."~ .." ... ( ,''J :'~ -. 'j, ,//..~, ,:<,_~;, Ii .;... ) 1/( (;. /i/ ,."."C L.( ,r.... '.- Signature of PerSo~1 Taking Acknowlcdb'IDent .1\: and Ie ~eC!:~:A:]~~C ~, Ml;c; Krumbide.}I1I'A Director Collier County Housing and Human Services Jeffrey , Managin EXHIBIT "A" LEGAL DESCRIPTION Lot 8, Liher~' Landing, according to the plat thereof, as r'ccorded in Plat Book 47, Pages 71 through 73, inciusive~ of the Puhlic Records of Collier County. Florida. eXHIBIT "B" IMP ACT FEE BREAKDOWN TYJlt' uflmllact Fee '\. P..,1S Impact Fee B. Corrcctionu! Fa(ilitie:- impact F<.~c ijhrary JmDal" k.c D. Comnnmily Parb: impact Fet" j':(;:glona] 1\:rb lrnpaCl Fee Fduc3.liona: rclc;jftl(~:. <.\.,,!eiT) ImndC1 h:c tZOdd inlpD~~t i-~'~ H. ',li.)\'::.::rnm~'nt Hllikiings lrnpac'\ Ft~:: La\-\ ~.nh)rcement lrnrJaci h~e TOTAl. IMPACT FELS .!AKApprovcd _)_,_ Agenda Item NO.1 OC November 27, 2007 Page 5 of 10 Amount Owed $100.59 Slfl2.14 $3(j}:.1 g S750.00 .;: ~ ,(i:,9.0(\ :-;2)~b:~OO '_~(J.{))9.0() :~410.(J(: ~; 171.61 $12.442.52 'i',':Y'. :'''\ -,' " '" \\:;U;;;,TC'\ r,."{' Co ~ 'i'" " 1'.'(: ' ,',':"'.- \.: T" \( i,t- [<<1;-; w . . L\genda Item r"o. 10C November 27, 2007 Page 6 of 10 fr 11; August =J. :2007 Attn: Frank Ramsey SHIP Program Coordinator Collier COUnTy :;30] E. Tal11iami '] rail lIealth &, ('()mmunit) Scn'ices Building 'larks. FL _-~~; : ~ Re: Impact Fee Reimbursement '):':::(1" 1 '~'r~~l L :-Ul!'!l,-il ,0'- ! ~lili:1r:11', ;' (>')];!~>r' ,~\un1\ _ il1C.. !~ ~-cquc~<mg r:;.~U;lnUTS'2m::n: :(:1' anp::/i.'l lh~' i~:l.pa(': ~--:~~'':'' CJeJ..:r'Ei; Pr':!L:.T'a:m. '," " j ncsc ; f;>> :.:."':.'; ;K-:L-, v.'::re paid ~.!p IT()n~ Habital f>r :--jllmallit~ ofCnliier CounTY. inc.. in order to c;,~pedjle the buildinr; process, hov..icvc[ the fUlure (-"0/Dcrs fur ~he propel1y qualify for an impact fee defcr;-aJ. Describe.d as !()Uov\r:-; Araceli Ramirez 3548 Liberty Way, Immokalee FL 34142 Permit # 2007020738 Please feel free to contact Norma Lora (775-0036) if you have any questions or concerns. Sincerely. '. / /,/ ..../ ;:i:'"i~ny:j._/ .,'>-~~:~,~(;( v/~,~.;---_. . Nicolls Ko~loheras Land Development Director ,;_T,;,:,;l'H :; : .l~.1; -'-:'(-, ',.'-::, '-, -', ~" - ~,"', -." ci, i "-~ Ii . _"'~. " ,-- :":c({\J:,. ~'Fr: L;LcfI!; ":"g Agenda item ~~o. 1 DC November 27. 2007 Page 7 of 10 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt -- ---,~- -. ._._~.._-------- ~ ' rTransNlJmbe-r---- TOate--- ---- ~ Post b-ate .. LPayment Slip Nbr i 7487 44_ _____13127120()72:i3ii6PM~ JJ>./27 i2007-=:=_=_~~lf"t 20070:207~__. -j ------..-"..---".- Address: 3548 LIBERTY WAY Owner: HABITAT FOR HUMANITY COA #: 06-0220 Permit Type: BR2 Job Desc: FRAMED SIF ATT 1 STY-150 AMP-TWIN VILLAS Applicant: HABITAT FOR HUMANITY-SAM DBA Swr Meter: IMM Wtr Meter: IMM Payor: HABITAT FOR HUMANITY OF COLLIER COUNTY INC Fee Information Fee CodeTbescription_-~-L"'~cl~nt -. ---- AmountlWaived I 08BCAI BLDG. CODE CERf-s'URCHARGE ; 11300000020882000000 -.- __m $6.82 ,--------, f ~i~~~~~~ ~~~~~~N~F~~~}~~~~~~~-~~....-- ..'[H~1~~;~~~~~i1~m~f.-'-'_~_[-.j~~i~E~~~ ~-j ! 08GBMF GOVT BLDG IMAPCT FEE M/F. ___ i 39012223136353031390_ ,m_ . .._~41000 -----J '081MFF IMMOKALEE FIRE IMpACT . _ _ _ 1130000002098:;000000 ___~J514.04 _I 108JLMF JAIL IMPACT FEE M/F 38111043036353031381 I $62.14 i 08LBMF ! LIBRARY IMpACT FEE M/F __ ___ ,35515619036353031355 ___I--$368.18J 08LWMF I LAW ENF IMPACT FEE MIF 38511043336353031385 i $171.61 I . 08MFR5 'DIST 5 ROAD IMPACT FEE-MULTI-F i 33916365936353031339- 1 $6059.00 I 08MFSG MICROFILM SURCHARGE i 11313890034'1442000001 m~_~3.00 i 08!WGS BLDG. PERMIT SU~CHARGE 11300000020880000000T - $6.82 ! 08RPMF B.E:G PK IMPACT FEE MIF ..__ 34611636336353031346 _..__ $1659.00" m__~ , 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $2862.00 I '11PUDM '-PUD MONOTORING FEE 13113890432248900000 ---- $75.00 j 112SITi::~..1 SITE tNSPECTION-ENGtNEi::RING 131138327:???~9000000 b' $150.-00 ....-.. U)8BA~B..J BLDG. PERMIT APP FE~C;RE[)IT i 11313890032251000000 $-100.00 Total $14651.80 - Continued - Collier County Board of County Commissioners CD-Plus for Windows 951NT Printed:10/3112007 4:29:59 PM .6.;lenda item NO.1 OC Nov.?rnber- 27, 2007 Page 8 of 10 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Trans Number ; 748744 ~ni~~Y~;~+;~i67~~r=-==--=J Date d Post Date _ .;'[27/2007 2:23 06 EM 3127/2007 _u_ Payments - -- :~<lyment Code ' Acc~l!ntlChe_c_kNumb~r :C1LECK_ _______~ 3591 -.=-n_--i~~~~~Uf~ Total Cash $0.00 Total Non-Cash $14651.80 ._~---- Total Paid $14651.80 Memo: Cashier/location: HILLCAROL / 1 User: POTTER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:10/31/2007 4:29:59 PM ,4genda Item NO.1 OC November 27,2007 Page 9 of 10 '1':: 'l!' a, ).), '" I H''''-D<'11'''','~'' ,(':#~:' ')r. 'IT ,,''t';' '],,: ~.." ..}~:j;btC:_'ta.. ,,' ""'","('; ,!.j n: ;1 -"mi.:m '.1:(\1,,::,1 flC:C; \,L\ni~ rei: :1)':1;: P;;i:h .If,,i:lf ~ ~'" '.'1er Snlann \ie;';~1n_d.>r \\ ;-.c'; nT.. r tJrnanr if{; ::'::,!n~'1 ;:codd if :.'I''''{ :,;,',!I f.'; n ;'-i', i',::..':i"' October 29.2007 i'\ttn: Frank Ramsey SHIP Program Coordinator ~301 E. Tamiami 'Trail Naples. Florida 112 Rt-.: 3548 L..ihen), V""i:-. lrnmokalee, FL ,^"A 142 200702U7:;8 Pc:nnit #: fkur Frank, ilabirat j-fumanny i,'cdlil'f (\\[l11t:-. lnc_ per the County \\:ide in1j1:.1C1 Fc~' ;)rcw"'lT' jiltpi;+j."l il'J'-'> "\1"1\'~ '.""f-'1\.'net~C; '1ri\')"1'1\' ')~ ;:'fl ',i'f(Jro~c,'hle , .,::,J,u.. ", "- .. 'd ,. _,' , '-' ('e.\. ..- J ,-. -...J ........ ["" j ..... '. (~.,..> ,.',' M..... u.. housing unit. Pieast' ie: This kUer serve as an aftC'r-lh::-L~Cl appiic3tion and identitication thm an income eligible. Je22a! resident cd' the United States \vill occupy the property' once cornplelc. Habitat for Humanity of Collicr County. lnc paid the Impact Fees upfront in order to expcditc the building process. Please feel free to contaet Norma Lora (775-0036) if you have any questions or concerns. Sincer';!r <~~?;~::;!,:> --------/ -", .,/ / /;;U;~ ,'. .-r." - T' Salp-tlel DurS1:i, 1.D. President ,:':n :.;;'~ l:lI L.'tSl }es, Tl ~.-ciL:; -, ',I; _.:;;)......-::;.D.J~7 if3\:'; ;.JdU,;:SOii, hC:'!(c:l~j!3r.(()1n "'..~\ 'IJ,t:::.l({ l1:c;_n~g J of J COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: -r<-' Item Summary: ",e,"""'I'" :r ilt t ~ ,,-m:: ':-C)'I";I'" :;rll ""%'''''8[0 cJ::T'''-:>''/E;O. etn,) Huthcr'!es the -."i,'-",l-'S' 'IH' Tlr2",n)~ I,;,r";2J,"JIYI ''''''-,c'' 'r', ~'e'e"'a' Q! 1(:11", ')! I),,,..: "-'il),,' . , at'u ~'a~)I( I ';u~, 'U U 1', iue 1,,,,(1 T I u: r ",I)~'-~\i '_"",'JI"; ~;I,:t ,: ,'[ "IZ,"_; I,2Irri" '-"",':11 -' ih'. IH,,' n~-j:'.! ~',\, i/',c,r:a' 'ITFI'W\' 0' nll-€-I n'('I,lI ".. t'1\" ~r ''',Wl ,:1 ..l4::.C2 Meeting Date: .1,' I'n'flllred By Fe'1n" F~am".,,' c-;HII.; D;'(l0'-an' CN/d"'31": rmHO, hmlicS"-'ilces fi-'-.lJS"',', "",;Hw,,;:w ,;",,' ;((.,<, . "l;2lJ(,7 !' 324>; ~M Appro"c-d B~ ')':" ^ '" I'. I""" u; ~,.; ",,-,;1", hIll' '-. ~.j \pproV('(! II~ , ;m '\pprO\l'tl By '\pl'nl\'('l! Ih \pprllwd By ,,-,. - Yie<, C,CJ(j(:(-' .\pprovetl II)" .I.:;n ,',. Ii i) d~- -....,"nr,-'[,':'rn-,-("' --'',If foo'I;:Jw'Cuunty r:Cuntyr,",'llil{lU',,()ff,ee 11115'200711:$1 AM r.,"m'l'rs-,'c,nl"~ file://C:\AgendaT est\Export\93- November%2027. %,202007\ 10. %20COUNTY%,20MANA.. 11/20/2007 EXECUTIVE SUMMARY Aaenda Item NO.1 OD November 27, 2007 Page 1 of 10 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Roberto Maciel Chavez and Gloria Maciel (Owners) for deferral of ]00% of Collier County impact fecs for an owner-occupied affordable housing unit located at Lot 15, Trail Ridge and authorizcs a reimbursement of thc fees paid by Habitat for Humanity of Collier County Ine on Building Permit 2006064370 in the amount of $13,616.20. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Roberto Maciel Chavez and Gloria Maciel for deferral of ] 00% of Collier County impact fees far an owner-oceupied affordable housing unit and authorize a reimbursement of the impact fees paid by Habitat for Humanity of Collier County Inc. in the amount of $13,616.20. CONSIDER.ATIONS: Aliiele IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fecs for ,!ualilied affordable housing. Pursuant to lhis program, an application f()r defennent was submitted by Robelto Maciel Chavez and Gloria Maciel. which application, af1er staiT review, was determined to qualify f,n the program. Lcgal stalus has bcen vcrificd and documents arc on jile at the office of I-lousing and Human Services. The propeliy is located in the Trail Ridge subdi\i;ion in Naples. During staffs review of the file to process this defelTal f()r approval it was deten.l1inedthat the Habitat far Humanity of Collier County lnc did not provide an application far the deferral program as a qualified developer prior to issuance of the building permit and payment of associated impact fees as required. Staff has discussed this oversight with the County Attol11cy's Office and recommends that the Board accept thc application letter from the developer after-the- fact in order to eomplete the required paperwork and maintain consistency with the Ordinance for this file and deferral agreement. Upon approval and execution of this deferral agreement and lien, impact fees paid hy Habitat for Humanity of Collier County Inc. in the amount of $13,616.20 will be reimbursed. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401 (3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has deternlined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chaim1an's signature. FISCAL IMPACT: This agreement defers $13,616.20 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. ,""".". GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERA nONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-40] of the Code of Laws and Ordinances of Collier County. ~,genda Itern NO.1 OD November 27. 2007 . Paae:2 of ~IO STAFF RECOMMENDATION: That the Board approves and authorIZes the Chainnan to'sign the attached Lien Agreemcnt for DefclTal of 100% of Collier County Impact Fees for Owncr Occupied Affordable Housing Dwelling Units for Roberto Maciel Chavez and Gloria Maciel located at Lot 15, Trail Ridge, Naples and authorizes a reimbursement of the impact fces paid by Habitat far Humanity of Collier County Inc on Building Permit 2006064370 in the amount of $13,6 J 6.20, and any budge! amcndments that may bc required associated to thc rcimbursement. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Scrvices Itdurnlll Agenda Item No. 10D November 27, 2~07 Page 3 01 10 ! Frank RllnlS....Y ClIlIicrCountyllllS 3301 E.TlImillmi'I rlil !'\IlIpl....s, Hnridll J4112 Filc# 08-058-1 F rhi:; ~pacr fur recording LIEN AGREEMENT FOR HEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES ~-OR ()WN.~R OCClll'lEH AFFORHARLE HOUSING HWELLlNG UNITS This Agreemc11l is entered into this day of Octoher. 2007. hetween Collier County, a political subdivision of the Stntt'- of Florida (COUNTY) and "Roberto Maciel Chavez and Gloria M.acicl" (OWNER). collectively stakd as the "Panics." NO'W, THEREFORE. ror good (md vallwhlc cOllsickra\ion. the rcceipi and sufficiency of which i~ rnutua]jy acknov.,:ledged. the PDrtic<; agree as follows' This Liefl Agreement is nmde pursuant to Chapter 74 of tht; Code (if 1,::1\.'1'<; and Ordinances of Collier County. Florida, knO\vrl us "'1'11(, CClllicr Counly Cnns\)jidatcd Impact Fec Ordinance'. IOrdinance). In thv eVcllt 01" ill1)' Cilllllici "'vilh ihis .'\,grc(:nJcnt. the lcr1l1.':; of lhe Ordinanc.c shan apply Ihc ;e~:d d(~s:.:ripti{Jp uf tht' (l\vdlin!: Un!1 :111;lc11e;[ u:" r:xhihil " !'l1\:.' h:rm oftlli'; /,\!n:\:.~rncnl i~ from lilt' dmc :;('1 ionh ,d'(h(; until ln~' Ifllpac( lee is lcprud .:1. rilc: ;.inhlLm~ c: the impdl.:l k~':, ~jcrcnl'd s:laF I'lc p,lid Ii' tiE.' ('01 ''',''ry in itdl upm:: iLl till saie (If the owcliinb unit; pi the rcflOancing ui'th-::: dwelling unlL c', <J loss urthe homeslead exemption; \IT ell the first occurrence or any sale or transfer or aJ.1) parI of lhe affected rcrd property, and in any such e\;cnt the deferred impact fees shall be paid in fulJ to the COUNT'I' not later then the closing of the sale. or not later then the eJTective d,lte of the transfer. As set forth in Exhibit He:- the amoml1 of the deferred impact fees is 'fhirtcen Thouslli)d Six Ihmdrcd~Si>;t(,.~eJl and 201100 Dollars ($13.6]6,20). Repayment shall include any accrued interest. Interest shall tl(~ computed at the rate of five percent (5l}u) per annum. but in no event shaH it exceed twent.y-fivc percent (25%) of the total fee amount. 5, The deferred impact fees shall he a lien on the property described in Exhibit "A," which licn may be foreclosed upon in the event of non~eompljance with the Ordinance or with this Agreement. This Agreement shall op\.:rate as a lien against the dwelling unit. 'nle lien shall tcnninate upon the recording of a release or satisfaction of lien in the public records of lhe County, The deferrals of impact fees and this Agreement shall run v.lith the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramounl to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, cxcL-pl that this lien shall he on parity v,lith any lien for County taxes, 6. Upon the satisfactory completion of this l\blTCCment's requirements. COUNTY shall record all}' necessary documentation evidencing same. 7. In the event the OWNER is in default under Ihe Ordinance ar tillS Agreement, and the default is not cured v.'ithin 30 days after \\Titten notice is provided to the OWNER, the COUNTY Aaend3 11em No. 100 November 27" 2007 Page ~ 0110 may. at its sole option. collect the impact fee amount in dcf~lIlt a~ set forth in the Ordinance, or hring ~I civil action 10 enforce 1his Agreement or declare 1hal the dcfen.cd impact fees are then in default and immeJialely due and payable. The ('OIT1\JT\' shall he entitled to recover all fees and costs. including atlonwy.s fee and costs. incurred by the COUNT\' in cnforcing lhis f\grcCITlCIlL plus imcrcsl al th:.' then maximum statutory rail' j()r judgmcms c,dculalcd ()Il a calendar year basis unl iJ paid. x. This Agrccmc.'nt is the sol(' agn:emcnl between the parties \vith respect to thc subject matter herein, and shall he hinding upon the O\VNER'S Sllccessors and assigns in interest. 9 This Agreement shall hc recorded in the plTicial records of the Count) 81 no cost to the CO\Y'TY iN \\TrNESS WIIF.REOF, the PJrtic.~ i1~l\':": ~:)"cCLllcd lhi~; '\grcl'nlcnt on tlK' Jalc ;:md year first ano\'C wnllen. .'\t1cst 1)\,/1(;1-r1' F. JIR()C.k. Cieri H(l,l\RI) (Jf' CUlfNT\' CU)Vlrvj]SSI()!'>jFR~ CC )1.1 .!F.T ('()t :I\,:'J",' ."FU)F In/\. :-], II-~_'" (i t ., ", ,.\ \r\iH~ '( l~ ,~"i"l /\ -!:..\ ilz\1 i. ) \\' ,'\ [~I<" \',,"itncs<;e:;; - ----_.~.__.--~- -~~~--~~---~_.._..__.- Print NalTI~ ~_~~"""":'_':"'~_~________.__ Roherto J\1acic! (,havCl OWl\ER: \\'imesses: i i,I ~;-')"-')-' tL;;:'-__'m::...':::..._____,_"_ Print Name~~'I,--: Gloria Maciel STATE OF FLORID^! COUNTY OF COLLIER) .n,c foregoing Agreement was acknowledged he fore me this _.!~_ day of 2007. by .", ,(:f ' j / ._. \vho is personally knOv,l1 to me or bas produced _______L_.i..~_~L.:____.1:..__~ ,.-_ as proofofidcntily, ;~~wr~~;F~~~~EJ""' :..,....-.......................~'^^'Vv'>-"-.r -.-,. Signature of Person Taking Ackn(}wledgmen1 Appro~ed a{.t~ form and 1e~1 :!I[l,Ciency:-> __~1J.~ t\__~ Jeffrey Ac ~w Chief As~s1.ant Count v Attorney 1 . - - Recommend Approval: , '\ /\';'~_,~~:\~y./~~___-C Ma'rcy Krumbine; MP A Direclor Collier Count) I-lousing and Human SCf\'ices ... ~ EXHIBIT "A" LEGAL DESCRIPTION Lot 15. Trail Ridge. acc()rdin~ to the plat thcn~of, as recorded in Plat Hook 44, Pages?l through 77, inclusive, of thl~ l)ublic Ret'ords of Collier County, Florida. EXHIBIT "8" IMPACT FEF, tlREAKI)OWN Typt' of Impact Fct" A. EMS Impact Fce 13. Correctional Facilities lmpaci FL'C C Lihrary lrnpucl Fee 1) C:ommunity Parks lrnpaci Fcc Regional J\lrk::; lmpaci Fcc i":',duC:Jii0n:i] htciiitlc>: ,;<,"Slc1'1-' 11111':1:'\ Fl:C (I !~o<ld Imp<1c: i",'-c H CrOVC:1111Wni !~ujidiJlgs lrnp;:h:t l"l't' l. La.'I' Enforc::mcn1 lmp8ct rc~-' J. Water lmpuct Fcc K, Sc\\!er Impact fee TOT AL IMPACT FEES I^K I\ppnll'cd I Agenda Item I~o. 10D November 27.2007 Page 5 of 10 Amuunt Owed $100.59 $62.14 $16~.1 g $750.00 S1.t;5{J.OO $1i:\,7.0\! ~;:-,~":, 1.00 :>150.24 $s:tOS S2_760.00 $3.125.00 $13.616.20 . . .Agenda Item No, 10D November 27. 2007 Page 6 of 10 f r t, f., September 18. 2007 Attn' Frank Ramsey SHIP Program Coordinator Collier COlIl11\ ~;~O.I F. T;:lllliami Trail I-Iealth &. ('(lmmunity Sen'ices Building Narks. FL ~~:l j ::: Rc: Impact Fee Reimburscment J:'<J.: ; ';:mL '-:,ibiUl: Jr...; :-iUTlWI;i;.\:'-, ;:';;l~;r (,IL:n',\, i;1(... ,'- rcqd::,'sling rC:irn't1ur:-:enlc'nt {:"'1' . ),~~:;;,,~, r~JIU lhe lilr:(r~'l F,~'c- TOlcfcr;"a! Progr31L Thest',ll,,:es \vert' ));:',lU up i'ror;:!~\ ~'Tabi13l for ilU!;.'l~u]i1.\' uf (oIlier County. Inc.. in ()rj{;:.~r to expedite the huilding pr(\ct'~;s_ ho\\"(;\".;;:- t.he future OV;l1ers feiT the propcrt) quaiil~' 1'0:' an impact fee cL'i'e1Tal. D~scribed ::~~: fo]]ovvs: Roberto Maciel-Chavcz & Gloria M. Maciel 13340 Covenant Rd, Naples FL 34114 Permit # 2006064370 , ,,',r" " Please feel fi'ee to contact Nonna Lora (775-0036) if you have any questions or concerns. ';'-", S incereJ y, ~~-:>'. j/ LislfLefkow Development Director i ~ H ~ ", \.': . ,,~'" Agenda item I~o. 100 November 27,2007 Page 7 of 10 Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt ~~~;&~~~r J~/~~f;;;. ___=====~;~;~_~3~~r .--=-~_ j I Date----- 8/15/20062 38:07 PM Address: 13340 COVENANT RD Owner: HABITAT FOR HUMANITY OF COA#: 05-0717 PermltType: BR2 Job Desc: FRAMED S/F ATT 1 STY-150 AMP-TWIN VILLAS Applicant: HABITAT FOR HUMANITY-SAM DBA: Swr Meter: SC Wtr Meter: CC Payor: HABITAT FOR HUMANITY OF COLLIER COUNTY INC Fee Information Fee Code ,Description , GL,A~_counL : Q8BCA1_ BLDG.CODE CEF3:LSURCHARGE___,-t13000Q002().?J3:;>900~)Q0 , 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 Amount ...iE>~:1.... $55360 Waived __'..H...._. _ 08.GPMF I COMM PK_'MPACT FEE M/F ,34615640236353031346 08EMMMF EMS IMPACT FEE M/F 35014047036353031350 08ENIM- - EAST NAPLES FIRE IMPACL..=1130000002098f..OQ900Q. _' 08GBMF i GOVT BLDG IMAPCT FEE M/F __ .._~90122231363530:31~\J0_. g~~~r: ! ~~~~~~~~~~~ ~~ M/F-------:j ;~~~~$_i~~~~~~~g;im 08LWMF 1 LAW ENF IMPACT FEE M/E.._ . 38511043336353031385 08MFR4 DIST 4 ROAD IMPACT FEI::..:r:JIl.IL.II-F 33616365636353031336 08MFSG MICROFILM SURCHARGE 11313890034144200000 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 08RPMF REG PK IMPACT FEE M/F 34615640236353031346 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 11 PUDM PU D MONOTORING FEE 13113890432248900000 12SITE SITE INSPECTION-ENGINEERING 13113832732249000000 42MTTP COUNTY METER TAP CHARGE 40825321234332000000 42SSDC j3EWER SYSTEM C!:I6RGE 413~E>.:361334356031413 ~g>C WATER SYSTEM CHARGE .11.1:m51.1:>4336031411 , 08BACR B"-DG..l'.~RMIT APP. FEE CREDIT 113138900322510QQQQO'.----l-- I Total - Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT $750.00 .._._-----~- $100.59, .1._ $30008 I :_.. $150.24 $62141.. _~ $368.18 $83.05 $3731.00., goo $6.82 $1659.00 $827.QO $75.00 $150.00 __~:;>215f..!.___ $3125.00 $2760.00 $-100.00 $14833.04 -'1 I _J Printed:10/31/2007 4:37:38 PM Agenda item NO.1 OD Novernber 27. 2007 Page 8 of 10 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt i Trans Number ,69482~~__ .. -T'Dale _~=:~------iPOslDaie . 113/15/200623807 PM 18/15/2006 Payments , Payment Code !yHECK ; AccounUq",_ckNumber , 11879 Memo: Collier County Board of County Commissioners CD-Plus for Windows 95/NT _____u____.___.__.____ --- I -------~___1 I -,-Payment Slip Nbr i PT 2006064370 -- ------------i--- "--'Amou.iit-: __~_________J $1483304 i -----1 , Total Cash Total Non-Cash $0.00 $14833.04 ' -------------- Total Paid $14833041 Cashier/location: HILLCAROL I User: POTTER_ T Printed: 1 0/31/2007 4:37:38 PM Agenda item NO.1 OD November 27,2007 Page 9 of 10 ~.J;>~!~t;;;lJ.t t'r.~".r^' tj~,{~lJ !';': !~'~j~ 'lk. !to V' .... \k,~' : p', ;;;'::-!"c'r! N,-orine ",\:.~ni:;;m' r\'ii,,~ha-("l "',,icL:; ;c:,i:n Ydi.~kl. }Otln P (1;-;im~ ~, r).;:n'id L.c baGt ~;;lI Pt'.l;:r Sot::::n(~ \.I<'x.lndel ,;,()::~:(' \'''':'.1':_r 'J,' f' V.\::'fT' KJ~! \\'~. rl(::;", H,':: F'i>~ .1' ': .""r 11 '\ m""~, "~ t'~, ~.^' .JaiU\';'"t!~, l ,-f ;O,v/l":~ -,. -U'~': , , ; .' ,i' !', i .. ~H!1i [{, L; (;;:'1 <f';"<::t Octo her 29, 2007 Attn: Frank Ramsey SHIP Program Coordinator 3301 E. Tamiami Trail Naples. Florida 34112 RE: Permit #: 13.'140 Covenant. Road, ~~aples, F'-l, ~~4114 2006064370 [):::ar r:rank. ," ,'. ,- -, llatmat Tor HLlT11a11n~\ ~-_'J C U!iI(:f , 1 ne. j,2l' thc" V/idc Lmpact F ~~c Deferral PTo~rarn. jdenTi!'~2~, lhc atxh(:' tcferenc~;d rr,npcny ;,_:~; an aff()rdahi~' housing uniT.. Pkase le1 this le1ter serve (1;;: an at1C'j'-lhc-f[:Ic1 appjicalJOn and identification that an income eligihle, k~',al resident of tbe lJnited States \vill occupy the property once c,mnp1e1.e. Habitat for Humanity of Collier County, lnc paid the Impact Fees upfront in order to expedite the building process. Please feel free to contact N0l111a Lora (775-0036) if you have any questions or concerns. Sincerely/ /7_ -;/ . ,/,,/ ,?~; //~</./ ,^ ,~./'...,; //,/,c',. -;?'--'/ -//i>/:~-~"-;"-' ('C"//' Sam Durso, M.D. President ,;el,;.a;n," 1 1; :' '-I 7-:,.UGj~, 23..::<~'"~5,~'IJ,'77 ;:,~,,_,_'! ;Tj :t:rsrvr.-'h' :':~>:':',FeL('orn v. \\'''''.L~: ~" ~'K Pel?!' 1(; COLLIER COUNTY BOARD OF COUNTY COMMI$SIClNERS Item Number; Item Summary: V' 'T'''' '_e<, .. 1',3' fel( 2ndrc Q' (>"llIl1I'I :-::::.I"rn.'"sl'::'li'r~ ~p~J1 ,.",:s -'TJ ;'lIJ~h.~I;'z[,'.; n" :..,,, ImEW 1(:. S:W' ,IF'" 'J'_:r,": nm'~ V'i1t,., h'i[)' ,', "''',2'-','"' _ i'n~ :'kTiJ Mil.~ ':'1 ,.- -)-,-...n,' 'JSld ~"-lr\' i~llc)C 'ie'F.:, '0 "NW- '1,""0 OJ' -)r~,< ".J:;;]I""; 1 ': II i '.-irJ" "_l~ ",-,t :~or:z,", a ""'lent 'H~['n""'ll DI Ii-< c-s ,",.W r!Hln.( ',;',:a:,I',' 'II"",, "J;" Ii'.(. ~;IJ-..:j, ,'j "'JW1" tfli -u..n:r:' Meeting Date: '1\' I'rellared By ~r~nl- F;",."s'_'y :;f'P"!"cc.."ran',, "}(,,,j,"atnr L.,* ~"'C' I' - ,"-or., i r:'.;~ '~,Ir"i )"" 'jum~'; ',-", E.''j ;:()(j7 ~: ::5;<'4 ,\M \ppruvl'd By ",,1\ -'I.ppnl\'l,dlh "I" 'i'l \ppl'ovt'dfl) \JlprnH'd Ii) AII!HII\'l,(i U) "m: ",,:r.:'-'" Apllrlll'l.'ll B,\ 1''''()~ \I. i\',,,,id : "',-,rH',' 'i-'-'''~r>''r :",~H 8.~" ;i rA (>)Ullty C::Jmnl'~510"'."S .::;",,,,t\ ~I '''''''~te''<, G" 1 '" '~ G/2 GO! [; 1 II p,,; fi1e:IIC:\AgendaTest\Exoort\93~ Novemher%2027, %202007\ 10. %20COUNTY%20MANA,., 1112012007 ,t\genda Item No.1 OE November 27,2007 Page 1 of 10 EXEClJTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with David Licot and Nancy Licot (Ownel's) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 121, Trail Ridge and authorizes a J'eimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007012026 in the amount of $19,372.52. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with David Licot and Nancy Lieot far deferral of ] 00% of Collier County impact Cees ft)r an owner-occupied aff'ordable housing unit and authorize a reimbursement of the impact fees paid by Habitat for Humanity of Collier County Inc. in the amount of $ ] 9,372.52. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact feesl()r qualified atJ()]'(jable housing. Pursuant to this program. an application J()r deferment was suhmitted by David Licot and Nancy Licot, which application, atler stalTrcview. was determined 10 qualify J(Jr the program. Legal status has been verified and documents arc on file at the office of Housing and Human Services. The propcrty is located in the Trail Ridge subdivision in Naples. During staff's rcview of the file to process this defcnal for approval it was detennined that the Habitat for Humanity of Collier County lnc did not provide an application fbr the defenal program as a qualified developer prior to issuance of the building permit and payment of associated impact fees as required. Staff has discussed this oversight with the County Attorney's Office and recommends that the Board accept the application letter from the developer after-the- fact in order to complete the required paperwork and maintain consisteney with the Ordinance for this file and defelTal agreement. Upon approval and execution of this defenal agreement and lien, impact fees paid by Habitat for Humanity of Collier County Inc. in the amount 01'$19,372.52 will be reimbursed. The ordinance requires that a lien agreement be entered into with the applicant as a condition of defenal of the impact fees. Section 74-401 (3) of the Code authorizes the County Manager to sign defelTal agreements with applicants qualifying for impact fee defenaJs for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager diseretion in whether to enter into the Agreement. Accordingly, in keeping with recent diseussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $19,372.52 in impact fees. Although it is expected that the County will ultimately collect these defened fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-40 I of the Code of Laws and Ordinances of Collier County. Aaenda !tern NO.1 GE f~overnber 27, 2007 Page 2 of 10 STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees far Owner Occupied Affordable Housing Dwelling Units for David Licot and Nancy Licot located at Lot 121, Trail Ridge, Naples and authorizes a ['eimbursement of the impact fees paid by Habitat for Humanity of Collier County Inc on Building Pennit 2007012026 in the amount of $19,372.52, and any budget amendments that may be required associated to the reimbursement. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services J(eturntn flqenda Irem NO.1 OE November 27. 2007 Page 3 of 10 "'nm"- Rllm~~y CnllierCountyllllS J]{II L TlImillmi Trllil NlIple~. HIlridll]4112 filc# 08-032-IF rtJi~ ~f'an" for ncordinll LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING nWELLlNG UNITS This Agreement is entercd into this ----'--- day of Octoher. ~007, hetween Collier County. a political subdivision of the Stute of Plorida (C:OUNT'{) and "Dayid Licot and Nancy Lieor' I OWNER), collectively stated as the "Partics." NO\\c', THEREFORE, for good and valuahle consideration. the receipt and sufJiciency of which is mutually ad~ll(l\\'ledg.ed.. the Panics agree <.IS follows: I. This Lien AgrGement is nwde pursuant to Chapter 74 of the Code or Lu\Vs and Ordinance~, oj CoHier Counly, Florida, "known as "The Collier County Consolidated Impact Fce Ordinance" (OrdinaDL~cL In the evclll. of any cllnfk:t witb this Agreement. 11K terms I'I' the Ordinal1<:c ~;h(ll1 irrp!.v. Tbe icgal description of the ov.'cllin~~ unit i:~ anached a'; :;,;hibit ",\ ' The term of1Jlls'\greCl1lenl IS ham [he date- >;::.:1 ((Ifill ao()\'(' until dK impact kef;'; r~'pald. .. The ul1lounl or the :111pacl Tees deferred sh3l! he paid \0 tile' ( OLT~'rY in full upon: a) the sale of the dwelling unit; b) the retinanc.ing nfthc dv..'elling unil~ c) a loss of the homestead c)iCrnpLion; or ell ihe first occurrence PI any sail' or lran;;fcr of any part of' the alTccled real property, and in any SUdl event the deferred impact fees shall be paid in full to the COUNT'}" nollalcr then the dosing llr lilt sale, or not later then the effective date or the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thous,md Three Hundred Seventy Two and 5'1/100 Dollars ($19.372.52). Repayment shall include any accrued interest. Interest shall he computed at the rate of five percent (5%) per annum, but in no evcnt shall it exceed twenty.fivcpcrcent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non.compliance with the Ordinance or with this Agreement. This Agreement shall operate as a ljen against the d\\,-elling unit. The lien shaH terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transfcrred, assigned, or otherwise conveyed. Except a<; provided by Jaw. regardless of any foreclosure 011 the first mortgage or other security interest. this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant mortgagee, or other person. except that this lien shall be on parity \l;rith any lien for County taxes. 6. Upon the salisfaclory completion of this AgrccmcnL requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the O\VNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written noticc is provided to the OWNER, the COUNTY ,Agenda item ~~o. 10::': November 27, 2007 Page 4 of 10 may_ at its sole option. collect the impact fce amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement or declare that the deferred impact fees are then in dcfmdl and immediately due ;:md payable. Tht' COUNTY shall be entitled to recover all ice:;; ;:U1d costs. includint; atlorncy' ~ fee and costs, incurred hy the COUNTY in enforcing this Agreement plus interest ul lhe then maximum sta[ulor~ rate hlr judgments calculated nn a ealt:ndar year hasis umi1 paid. 8. This Agreement is the sole agreement hetwcen the parties with respect to the subject matter herein, and shall he hinding upon the OV'/NER'S successors and assigns in interest. 9. This Agreement shall be rcc(lracd in the official nx:ords of th(~ County a1 no cost 10 the COI iN"!"\'. !N \\"ITNESS \V!-IEREOF. th(' PartIes have execUTed tbis i\f!rccmcnt on the date and ycur first annve wrlllcn. Attest: D\\X;ln r~_ m~(JCf..:. Ckd BO,-\]ZD Oll'(ltr'.;'j Y CtIMM1SSj(Y";ERS )J ] JFJ;> (';')1 ')\.~TY ':1 (jRTP/\. , ~v' ]-h ;-"::rm:: , ! ; ~;'\..: I ,'ddF\..: ",.1 I'. ~--T'r.~" C1 rArRkl,A"; ()\\'r<i.'!-:' ~~jtncss('s: Print Da\id O\liNER. Jh~tnesses: -~, 't'.,,. ,----:- /~,z-</ ~~;/ ,-,,__::'~..c/ ;..<""', (" ",~_..J': Print Name \ H_~: ~~"-:)? l,... N anc)' Licot STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ d3)' 2007. whQ_"iusr--'''Q1}gll~_lD_9wn ~mc or _u__m____asproofofidcntity. - produced ^~~ :'~{,,:Z;J , '.;';/; I,', ,L. Signature of Person Taking Ach:nowlcdgmcnt ApPTO~ed f-S~O .(Offil and letP-1 sufici6nc;': ff&tL--- Jeffrey A.. KJ'a,tzkow Chief Assiswrtt Countv AUornc\' I' - . , i Recommend AppTO\'31: - , , , ! i, i /~~;~~~~tMP~.' ~I Director CoBler County Housing and Human Services '~ EXHIBIT "A" LEGAL I>ESCRIPTION Lot 121, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 7] through 77, inclusive, ufthe Public Records of Collier County, Florida. EXHIIIIT"Il" IMI'ACT FI':E BREAKDOWN Type oflrnpnct Fl't~ A. EMS Impacl Fee 13. Correctional Facilities lmpac1 Fcc C. Lihrary Impact I'c.t;' D Community Parks ln1pac.t F('(' E. Eq~i(1na: \'arks lmna(':1 h~c F. [ducaliom! Faclliti:.:~; SystC:lf; lmpac1 h:t" Ci Road Imrac1 h~c H. Govemmcn! Huijding~ ImpaGt Fce L L,JW Enforccm\:.~nt Impact Fee .1. Water Impact Fcc K. Sewer Impact Fee TOTAL IMI'ACT FEES Jr\K A.pprovcd _J_J__ Agenda :t6m NO.1 OE November 27, 2007 Page 5 of 10 Amount Owed $100.59 $62.14 S::36fUg S7:'10.00 J1.'i()J)(! $:2,x62.0() .'hJ)~4,OO SA\U.(H( $171.(,1 Sl.4J5.00 $3.5J5.00 $19,372.52 i;:i.... ';."". '_- 'L" r< ~1' "',,- \ ;: ~;: r'n ' , ,'i :b;;,~j , . J n;,! , -G L,:n\' t'ch:: \ ;;.n~"', "( )',,,' . Aoenda Item No 10E T-Jovember 27,2007 Page 6 of 10 . ;' '~" ii' ih:" ~;': ,,< ;c" iC~): i:J v, j!:' V( ,. ~ Septemhcr I~. ~[l07 ,; Un : Frank Ramsey SHIP Program Coordinator Collier County "OJ F. Tamiami Trail Health & CC)lTllnunil) ~tTvices L~ujJdjng 1'\oplcs, Fl ~-i 112 Rc: lmpa,'r Fee Reimhursement 'lear : <';uik Hahitat felI" ifLI!lldIlJi. '; ,.i' ( , i!lt'l' (_ ('un','-. inc.. '~: rCC!Ul:':'-,lln~' n::::~T:;!Jur:;;:,rnenl tilt, ; !l1Dac1 .. 0'- ~,Tal Progr;J,rn. rhc,-:cj('(:~: !mp~l(:l i:":,~ '>":ert' paid :"11:' iron-; i-", j-L:ibiwl for HUITI::.mjt~\' c":- (oIlier C(lunty. inc.. in order 1P l')\pedilC the !:ruiJdin& nrncess. ho'\\'c\'cr the fulure ov.'ners for The property qualii~ tor an impact fee deferraL Described cL<'; f'OJ]O\\'S: David & Nancy Licot 13363 Covenant Rd, Naples FL 34114 Permit # 2007012026 Please feel free to contact Nornla Lara (775-0036) if you have any questions or concerns. Sincerely, / ' /' ./ r<,:/L , ,--~, Nicolas KouJoheras L.and Development Director :':F<, .,;'j, 'h"\ ",.>~ ;, t~, ~ :: i) 1", ; i i:',', Agenda Item No.1 OE November 27, 2007 Page 7 of 10 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 73685L...___ ... Date 2/1/2007 11 :09:09 AM -...------- - Post Date . --lPaVmeiiiSli' Nbr -- ------ .?/1/20QL. .___~I'I.lQQ7()120~13__________, Address: 13363 COVENANT RD Owner: HABITAT FOR HUMANITY OF COA #: 05-0717 Permit Type: BR2 Job Desc: FRAMED S/F ATT 1 STY-150 AMP-TWIN VILLAS Applicant HABITAT FOR HUMANITY-SAM DBA: Swr Meter: SC Wtr Meter: CC Payor: HABITAT FOR HUMANITY OF COLLIER COUNTY INC Fee Information Fee Code'-j-[)escnption GL Acco-u-~- - . r--Amount : Waived --.-~..I..._...._.- 08BCAI ' BLDG. CODE CERT. SURCHAR_Q,E:: 11300000020882000000j... .. $6.82 : 08BPNP BLDG PERMITS - NAPLES 11313890032211000000.1.::.... --$55360 i 08CPMF :c::OMM PK IMPACT FEE M/F ____.'34611636336353031346 I _ _ $750.00: 08EMMMFI EMS IMPACT FEE M/F 35014047036353031350 I $100.59, Jl~ENIM ! EAST f'lAf'LES -FIRnMPAC_T._"'::'=J 130000()020~~20000OQ....__J ......$30Q.08J jl8GBMF LGOVT BLDG IMAPCT FEE M/F 39012223136353031390 J- $41000 i'__d 08JLMF ! JAIL IMPACT FEE M/F 38111043036353031381 I $62.141 ., ~~t~~F ; t~~~~I:'~~~~~EE ~fF 1~~~;~;~~;~;~;;;~;~;{;~~~ ~~~~.~~ I i 08MFR4 DIST 4 ROAD IMPACT FEE-MULTI-F 336163l35636353031336__ __ $6059.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $6.82 08RPMF REG PK IMPACT FEE M/F 34611636336353031346 $1659.00 OaSCHI SCHOOL BOARD IMPACT FEE 1130000Q020905000000 $2862.00 11 PUDM PUD MONOTORING FEE 13113890432248900000' $75.00 :12SiTE S_ITE INSF'ECTION-ENGINEERING '13i-:1383273?24.9_0000()0--J=_.$1~0,Q(J _ 42MTTP COUNTY METER TAP CHARGE 40825321234332000000 I $221.52 42SSDC SEWER SYSTEM CHARGE 41326361334356031413 T--~~~ ~:l51500 I .1028- WBASCQ.Rc::.. WB-LA:DTGL.RpESYRSM.JI-TEMApCpH.AF.RE-<3EJCo. R' E'-D-I'T' -- 41127351134336031411 i_ _$~4.1.Q..OO ' ..-- 11313890032251000000 I $-10000: I , 1 Total $20589.3.fu - Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:10/31/2007 439:09 PM Aaenda Item No 10E November 27 2CJ07 Page 8 of 10 Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt . Trans Number ' Date : Post Date -~--_..-._--_._--- I 736853 ________ I 2/1/1gQZ 1.1 :09.09 AM .. .. _l?lJ/2007 ----rp;;yment Slip Nbr". ___ ! PT 200701202~... Payments ~~~e~tCOde~_}~~~j~t!Cbeck~u_m~:__~ --=-~----~-- --~-=t~ ~;= Total Cas h Total Non-Cash _$.000 __$2058936 Total Paid $~0589..36 Memo' Cashier/location: HILLCAROL / User: POTTER_ T Collier County Board of County Commissioners CD-Plus for Windows 95fNT Printed: 1 0/31/2007 4:39:09 PM " 1 d Ph. ), ~mcer5 Y,-' /-/ \'i.Hd!. //;;,>;:< < _;?'; ,. <<'/;~;/ /;// / " :I.> ;//-//--- ,/"'c~/ Samuel-Durso. M.D. P del \J,Jl';' n President '" :Z\ ~,; '-. r."1:~l;T;,Ul rl",1vic) ;",:lsh. E,U:-jM,} S:H Y<'fcr ;:;(11.1-'-,0- '\!e;..:\n,l'_'r Sp;<:-,- .d?-;'i};(' V;a~X)5C(!tt ;>Ekc t\\:!T' r l:,.l:'! Agenda item NO.1 OE November 27, 2007 Page 9 of 10 ,~ t~)f U!m"::.../rt'~ ~ h,i, u ~_ ' _y-~;~\;~_ ~#,: , "J:" "irm: is. 1-1 li':,_,"Id :;"/:::',O( Ci'C'"i!1'! ie;,:, II' \1. ~ October 29. 2007 Attn: frank Ramsey SHIP Program Coordinator 33i11 E. Tamiami1 rail Naples. Flc1rida :;41 ].2 RE: Permit #: 13363 Covenant Road, '~aples" IT _;41 : 4 2007C~ 12026 Dear Frank. l:mpdc:r F~:'~- HahlU:ll for Hmncmily Collie1 Deferral Prograrn. id(~nLifies tbt, abCl\( 25 a:J b()u:~ing unit. Please let this letler S(.'TVC :lS an af~er-thc-fac.~l aT1plJcmion and identification that an income eligible. legal rec;icicn1 (\f the \ 'nited State, wi]] occupy [he pr(\penv once completc. Habitat for Humanity of Collier Count)'. lnc paid tbe Impact Fees upfront in order to expedite the building process. .,. ~~ , ' Please feel free to contact N(\m13 Lora (775-0036) if you have any questions or concerns. ':LH ;~m, -r ,',ni ~'..z:5l 23'1.' '~:~dK'~;\~ ' 2,.~9.-~":: , . r'nrl H ;,;\ouhh fh, e,iT lL'! "r\ Page 1 of 1 COLLIER COUNTY 13:JARD OF COUNT\' COMMISSIONERS ttemNumber: Item Summary: lJE (:0'rTl,' "";'10" 1~8:: ~'lt Emm:, oi c.["l,~,l' c.;:"-nrn"'''t(.'~crs c,:)C,r'~",p'~;. ,Joe! ;-]iJ:hcn~es Inr, """'I""',J',jr'-'(]I'i',He'l;'iIC'''',(,nl'.,-,,:n , ;;I'(! >k.;c. J~ '';-'ir''_'''' try ,1 'lb', 'J D' r'c;'II:"-" (\L"l;,. 011 "v,, '1,' . .,-- "~ir:'IPC i)7t;)r cl ~ ill CO' 'I ')1 , "I'" "i!',Y2i :,. ,"',1 i!':h)' IC'r:n: ..r~''On''7' i ~:f ~I';"' :f'e'- ~';m.: l-,'-' ~: '1."':'" tel '~:JrI m'l1'! e--"'" ';<iIWJ;OW,.".; "1 \I"F' d"":ur,:i Meeting Date: ,I.)t I'repll.rcd By ~-~I-" r'Jm~",; SHIi.' "r~'a,:1tl' i:o"r:Jin~Tr>r ;,<tt "'m:,~ "''''''.' "'~ "'0'c",(,,,CI(:'i,,,,,;, 3.",'''''''''- ", '9:;;O.~,7 f' <"~'-' (:,\" ^ppruwu By 'iH" ".,-"'nl.'W,, ['''''''.!'' ")"t( ",'bh: "llprowd B~ . J~" Approved B3 'pprH\',.d [1\ Apprn"l'd Ih Appr'ovcd By i~rn(., ,;"",,:.,";UI"'W' ";''i' oY,,,,dQ'C:",-,n!y ~'''nn>i';~.'OL''PI''-' C:Gunl\' ','all.,qel"s ellLee 1\115:2007 ~.3& PM file:/IC:\Agenda Test\Export\93-Novem ber'%2027. %202007\ I O.%20COUNTY%20MANA.. 11/20/2007 Aoenda Item No. 10F f~ovembet. 27.2007 Page ~I of 1Cl EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreemeut with Jean S. Jean Noel and Marie J. Montfort (Owners) for deferral of IOO'Yo of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 5, Liberty Landing and autborizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020743 in the amount of $12,442.52. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with .Jean S. .Jean Noel and Marie.J. Montfort for deferral of 100% of Collier County impact fees tar an owner-occupied affordable housing unit and authorize a reimbursement of the impact fees paid by Habitat for Humanity of Collier County Inc. in the amountof $12,442.52. CONSIDERA TIONS: Article IV of Chapter 74 of the Code of Laws and' Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Jean S. .Jean Noel and Marie .J. MontfOlt, which application, aftcr staff review, was determined to qualify for the program. Legal status has been verificd and documents are on file at the office of Housing and Human Services. The property is located in the Trail Ridge subdivision in Naples. ~. During staffs review of thc file to process this defen'al for approval it was determined that the Habitat for Humanity of Collier County lnc did not provide an application Jl1f the deferral program as a qualified dcveloper prior to issuance of the building permit and payment of associated impact fees as required. Staff has discussed this oversight with the County Attorney's Office and recommends that the Board accept the application lctter from the developer after-the- fact in order to complete the required paperwork and maintain consistency with the Ordinance for this file and deferral agreement. Upon approval and execution of this deferral agreement and lien, impact fees paid by Habitat for Humanity of Collier County Inc. in the amount of $ 12,442.52 will be rcimbursed. The ordinance requires that a lien agreemcnt be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying far impact fee deferrals for affordable housing, which has long been the practicc. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Ofjice has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $12,442.52 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. ,-~" GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreemenl is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. L\q~;ndz: ITem h:c>, I'" f\jovr::;rnber 27. 20C'; F'age .2 of STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Oceupied Affordable Housing Dwelling Units for Jean S. Jean Noel and Marie J. Montfort located at Lot 5, Liberty Landing, Immokalee and authorizes a reimbursement of the impact fees paid hy Habitat far Humanity of Collier County Inc on Building Permit 2007020743 in the an10unt of $11,441.51, and any budget amendments that may be required associated to the reimbursement. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services ,.,--, Agenda item!\J 10F i\!:JvemDet' 27, 2007 Page, 3 sf 10 Retumto ft'lUlk RlWl"r~ Collier Count) HH~ BOIL111milUni1rail Naf'Ic"Fl<>rid>t34111 File# OS-031-!F Thi"..>\c,'f"rrt-",ording LIEI\ AGREE\iEI\T FOR DEFERRAL OF 100% OF COLLIER CO{I"TY IMI'ACl FEES FOR OWNER OCCTP!ED AFFORDABLE HOrSING DWELLING CNITS This A';"'Tcemem I;'> entered 1111(1 thi:. Jay of OC10ber. ::007. hctwecn Collier Coum~. ~I poj1tlca! subdivision or the Siah,' of Floridn IC(nJNTY'j and "Jean S Jean N(l~1 and Marie J MontfortU (OWNER), coljecI1vel\ stated as the ..Pattlcs,"' NO'''. THEREFORE. for good and valuable consideration. the receipt and suffiCIency of which is. mU1~ll~ acknowledged. the Parties ah-'Tec as folJows This Lien Agreement is made pursuam 10 Chapter 74 oftne Code ufLaws and Ordlllances of Collier Counry, Fiorida. known as "Tite CollIer County Consolidated impact Fee Ordmam.:e" {Ordmanc~ i In the ~vent of an~' l:Onf1ici \'dth tillS AgrecmenL Ul~ terms oi t\1..:- Ordmanc;: shul! arpiy The legal dcscnpwm of the dwcllmr Ullll l~ attacned as Lxhibll "/\" ';"hl' term {lfth1c Agr:.:::m:;:n; IS from tr.:: jat~ set form ahuvc until tjl'~' ImpaCl f(;(.; IS, repaid :'nt: amoun1 or U](.; 1l1lpac: fee" uekrrcc: shul! I}..; paid W H1';.~ CUl!!;T'.' 1fj iul: UDan a In:. 3U1:: of tll:: dV...-~l1l11!; uniL bi the r::fimmcint: o~. tn:::: d\\'c!lin;.: um:, l" i (; JO~;i; of lr:l~ homestead ~x(:mptH.m; 0: :J i the flrs1 occurrenCl: (If 3n:,' ,;J.ll' (l~' twm:;:; of ,11l\ part of the affected r::Di propef1\, ana m am suel1 t':\'en1 tn:: deferred Impact f::es shulJ be paid m full w tnc COU:~-:'\, not later then the closmg of the salt:. or not iater then th(~ cffcci1\e date of the transfer. As se1 forth in Exhibl1 .'13." the amount or tht.: deicrrcd lmpacl fees l~ l\velve Tl10usand Four Hundred Fort\' Two and S~100 Do]jar~, (SI2A4~51lRcpavmem shall include any accrued mterest. intere:;[ shall bl' computed at the rat;,:~ of five percen1 (SU,!}) pt:r annum. but ifl no event shall it exce~d tv,'cnt\~f1v(; percent (::.'.5(~()) of the towl fee amoum :'i The deferred Impact fees shall he a [len on the prop':rt:' descrihed in ExhibIt "A.u which lien may be foreclosed upon 111 the event of nOIl~comphanct' \\ilh the Ordinance or wlth thJ:i A.=,rrcernenr, This A!:-rreemcllt shall operate as <I hen agalflst the dv,"clIlllg UTIlt Tht: lien shall term mate upon the recording of a re\case or satlsfactton of lien In the public records or th..: County The dcferrais of impact fees and this Agreement shall run wnh th,.: iand, and nenher the deferred Impact fee:: nor tl1]S Agreement shall b~ transferred. assl!,!lled. or otherwise conveyed Except U5 prov1ded \1\ law, reg:ardiess of an~' foreclosure on to.: first mort);age or other secunty mterest thl~ lien shall otherWise he supcnor and paramount to the mteres1 in the dwelling unit of any o\.....I1CL ICSSCl', tenant mortgagee, or other person, e:xcct:l1 that thlS lien shall he on panty \vith am lien for County t(;lX~S f., Upon the satlslactory eomrktwn oj thlS Agreement's requm,::ment5. COUNTY shall record an>' necessarv aocumentatlon evidencing- sam:::: 7 In the event the Ov..'NER is in default under the Ordmance or thIS Ag:rc~ment. and the default IS not curt:d \vnhin 30 da\'S attcr \vntten notice is proviaed to the OWNER, the COUNTY 'c~n-"I'-C' ,,' ~r, '~'~'._l .....,> t';;::;,~; I \j',-, , ,v r\jovemDe~- 27, 2' C L1 0 1 ma\. m m sole oplHm. collect the Impact tet: amOUnl m J::faull :J\ s~t forth In the ('irJmancc. OT hfln~ a t;1\i! actIon tn enf(lfCe Inn, /\~TccmenL N declare that In~ deferrce impact fees arc then in ddault and immediately due and payable The COUI\:TY shall he entitled to recover all ii.::::s and cosls. meluu\ng atlornc~-:, 1\::.' and CO';\:, lllClIlTc,-: by the COUK;'Y 1ll enforcmg tim Agreement. plus Interest ul the then maximum statulo0 rail' for 1udgments calculated on a calendar year hasl;'; until paid S This Agreement is the soil' ak'Tci;;':nlCnl between the panics wnh respect 10 the suhJect maul',) herem. and shall he.. hllldltl~ upon the O\\'NER'S smTt'ssors and assigns In interest Q ThIS Agreement shaH ne recorded In the ofilcml records or the Count\' 31 no cost Hi the COU]'\.'lY 1)\' VdTNESS ","'HEREOF. the Pamcs have executed thlS Agreemenr on the date and :.'ear first aoove \\Tltlen /\ttesl D\\'lGHT,[ BROCk_ Clerk HOARD OF COl't-:TY COMMISSIONERS COU,lFR C()Ut-\TY. FLORIDA 15\" [3: LkpUT\' Clerk JAM2S ('(')1...[;1'/\_ ('11AIRM/\~~ OW~:ER 'v.nn<...~sc" ......',- ., --. ' L_J!'-"'--..'_~~_ :ie;;'l~ ~'. .ica,l.f1~oc! hiam~> ~', -------.- --- ---- ()\VNER \'A/lmesSC5 ___._.__~> __________._______ _____'_____n____'-__ Pnnt."t...;ame ______0______. _____._______ -Mane J. Momfort STATE OF FLORIDA, COUNTY OF ('OI.LJER, ~' ~r ..w..'.~ oj I', ' ~""'...:_..~---'::"__'='-:'_. or has produ(oeJ Tile forel!oInL': ;\ureemCnl was acknowicd!!cd before mt' tlllS , day oj 2007. b~___~ ~:~~_~lJ~_J4\)1\.~ i~ pcrsonaliy t..'-;~~---tl1 me _____ _____________ _____on _ _~ a~-; p;oof of" idcntlt~. ( ( 1\ ii\bJ;! vJ~~ sfin-atiSofj);rs~~~ l'aki~g Ackn~~'kdgme~l [NOTARIAL SF.A!.] \"~ .,".W. \""'I'j\\''':;ir","[)D,"~"".t: ~,~_~' .;-;,I'I'I~;:.~'~,:~;:'~,~::"i:,,, ,~ Approv:::4as ~..............._r,,^~"""'-- and h:l!al~~uffi,.idt\,;)'~_." ~ : ,,"'c1""~~. q/' I' _L':"'~___ .iethe~ A. KJat:;J,o\\ Chief A~,siStant COUl1l\ i\t10rn'~'.', I . Recommend ^PlDrovul ~.( -' --;-:. -- . ~1\1arcy krurnbmc, 1M P A DlrcclOr Collier County Housll1g and Humun ServlCes , \ EXlIIBIT "A" LEGAL DESCRIPTIO" Lot 5. Lioerty Landing. according to the piat thereof. as recorded in Plat Book 47. Pages 71 through 73. inclusive. of the Public Records of Collier County. Florida. EXHIBIT "II" IMPACT FEE IIREAKIlOW!\ Type of 1 m pact Fee A. EMS Impact Fcc B Correctional Faciiiw:s Impact Fee C Librar:.' Impact Fee D Communit\ Parks Impaci Fee E Rqporw! Parl~:, Impuct re~: r: F:ducallOnal Facili1l0~; Svsrcm Imp;:Jct h::: ,.1 r'(oad Impa:::l T'c~: H CIO\'crOITJenl huilolDt!s impact Y'ce L,l\\ Eniorccmcm impact Fe;> nn At IMPACT FEES i.'\f:i\l'r,"n',!~.__ Amount Owed $100>9 562. J~ S368. 18 575UOU $1.65{),()(I $:U~6::.0n SC,.U5Q,II(1 ):;4I(1()(i $1'71 bi S12.4~:.5:! Agenda item No.1 0 r\lovemoer 27: 1 0 Page 5 0 ..- . . L,Qsn'J2 IH::li': I'Jc. Y.\jO\12iT:DEY 27, 2CJ ::;'8;12 fi 0: Seplemher ~< ~007 Ann: Frank Ramsc) SHIP Program Coordinmor Collier COllnt\ 330] E. Tamiami Trail Health & Community Services Building Naples. FL 3411 ~ Re: impact FCl' Reimbursement Deaf hemI:: Hahitat for Humanil) (If Collier Count). Inc.. i~ requesting reimhurs~mel1t f(lf impact fees paid through tnE' Imracl i. ec Deferral Program. Th:'::5Ic fees were paid up 11'on, h\ Hahita, felf HumaniTY of Collicr Count\. Inc.. in order lei ex;x:'C.iitc the budding prOCCS5. howeve:- the future tyv,-ncrs l()r the property quaiif\ i'or an llllj:1JCl !'ee ucl'erraL Dcscrihcd as follc)\\'s: .Jean S. .Jean !\oel & Marie .1. Montfort 3536 Liberty Way Immokalee FL Permit # 2007020743 Please feci free to contact Norma Lora (77'i-0036) if you have any questions or concenlS, Sincerely. ".Jicolas !.:ouloheras Land Development Director f,genda Ilern 1'0. 10 i\!overnoer .27. 200 P8a~) -: of 1 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt =--- l Trans Number 748740 Date .... _ 3/27/2007 221:40 PM I Payment Slip Nbr I PT 20070207 4~__ ]:fost Date 3/27/2007 -~ Address: 3536 LIBERTY WAY Owner: HABITAT FOR HUMANITY COA#: 06-0220 Permit Type: BR2 Job Desc: FRAMED S/F ATT 1 STY-150 AMP-TWIN VILLAS Applicant: HABITAT FOR HUMANITY-SAM DBA Swr Meter: IMM Wtr Meter: IMM Payor: HABITAT FOR HUMANITY OF COLLIER COUNTY INC Fee Information ! Fee Code Descri tion ... _____. 08BCAI BLDG. CODE CERT SURCHARGE ; 08BPIM BLDG PERMIT i08CPMF COMM PK IMP 108EMMMF EMS IMPACT F !08GBMF- GOVT SI..DG 1M 1----..- --.-- I 081!J1FF _ IMMOKALl"sF '08JLMF J,AILJMPACT F 08LBMF L1BRAR'y-'Mf''''-- 08LWMF LAW ENF IMPA 08MFR5 DIST 5 ROAD I 08MFSG MIC_ROFILM SURCHARGE ' 11313890034144200000 08RDGS BLD~ PERMIT SUl3gHAR(~L_ . 11300000020880000000 08RPMF REG PK IMPACT FEE M/F __L~4~11636336353..0_31.3..~6_ : 08SCHI SCHOOL BOARD tMPACT FEE . 11300000020905.900000 I J lPUDrIil PUD MOi'JQIORING FEE 13113890432248900000 i_12SITE . SITE INSPECTION-ENGINEERING ..1311383273224!1000000 I 08BACB-LB_LDG. PERMIT AP.F". FEE CREDIT 113138900322!>,1 000000 Total , .82 --.... --..--- , S - IMMOKALEE ! 11313890032212000000 , $553.60 , ACT FEE M/F _=R.46116363~353031346 r~OPi EE M/F ,35014047036353031350 ___ $100.59 i APCT FEE M/F 139012223136353031390 _ _$4100lL IRE IMPACT ! 11300000020985000000 . $1514.04 --.. . -- EE M/F 38111043036353031381 ,$62.14 ___ _ I CT F_Ei:: M/F "i_35515619036353031355 I $368.18 I CT FEE M/F 38511043336353031385 $171.61...'__ I ..--_....._.-~....i MP ACT FEE-MU L TI-F~ 3391636593635.3031339 $6059.00 . , _.-.li3L Account 11300000020882000000 Amount I Waived $6 ~ $3.00 I $6.82 $1659.00 $28B2.00 $75.00 I $150.0~ $-100.00 $14651.80, -l - Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:11/1/2007 8:21:10 AM ,L\C1er:ca IrS!:i I'~c 1:J f'Jcwember 27 20D Pags Ci o~ 1 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I Post Date 3/27/2007 Trans Number 1748740 I [)ate ,3/27/20072:21 AOJ:rv1 ___--j... . Payment Slip Nbr PT 2007020743 Payments Amount, $14651.80 i 1 Payment Code LGHECK Account/Check Number 13591 Total Cash Total Non-Cash $0.00 $14651.80. $14651.80 i . Total Paid Memo: Cashier/location: HILLCAROL / 1 User: POTTER_ T Collier County Board of County Commissioners CD. Plus for Windows 95/NT Printed:11/1/2007 8:21:10 AM ..<\genda Item l\io. 10 I'\!OVemn8'- 27. 200 Page 9 of 1 t'- '. Octoher 29. 2007 Attn: Frank Ramsey SHIP Program Coordinator 3301 E. Tamiami Trail Naples. Florida 34112 RE: PerInil #: 3536 Liheny Way. Immokalee. FI. 34142 2007020743 Dcar Frank. Haoitat j~Jr Humanity of Collier County. lne. per tbe Count, Wide impact Fce Deferral ProgranL identii-ies the ahove referenced property as an afforciahlc housing unit. Please let this letter serve as an aftcr-tk-faet application and identificmion that an income digihk. legal re::;idC'11I urihe l'niled Stmt~;: will occupy the property once complete. Habitat i{1[ Humanity of Collier County, Ine paid the Impact Fees uphont in order to expedite the building process. Please feel free to contact Norma l.ora (775-0036) ifvou have any questions or concerns. Sincerely, / ~ .., -"SamuerOurso. M.D. President l'a!,Cc ] of ;"" :!O' j,:c,; COLLIER COUNTY BOARD C," COUNT,~ ~OMMISSIONEP.~. Item Number: Item$ummary: ,Xd11 C)'W"I "if)'1i,'[, 21 (J ,',J:Il',r,?~ ['.'1(1 '" ~io.t i>,-, 'H;; )1"'U:,"',]2t." (TH' L: ~T' :l'.n!" 17"" '''IJ',J' "P' I '1f T~ tH<' >'il'C' ~l\ :n,JII\ '",:1::1:" rn I: . ~ ;'1":':::',11":"", <)"10<';'lto' Meeting Date: ~y !'rrpllrtd By ~r"nh k,ms(;\. ::;fl,nr""ur3r ~JJof{lm"'(" I._,ll< r'unli:;c,,'rv,c,," ~-i"""In,,"ml Hum,mScrv"',-'" ';I,i:20Q7 8,~::,38 A~i Approvr(] II) (1,,-,ell-\rumb,n'. n'reeD' DJl< Pulll" St',v,c~,; f-Wl.'Slnpli.h"rnanSc'\'la,,; 11.',',/20,,; 11JJ"AM Approved By ,IPlIKIJtZ",C'" AS5["t~nt C,,,,,,,,' AltomS'; D"" ;.""Tll', i,p()Cfl' i"jI(,rf1C -";,r , 1 r,!i2[Jr-:" - 5'< p~: Apllruved By "'" "Ui :;c' ,~t;_.",,-, ,,."''-',",,,,,,,',',) ,J" h..Jf'" :'.2('0~ "_[\~ r,'. Approved B~ ,:\., (,l; 'I:" ''''',''n,,;;()' ',.1;}li:" pr, Allpruved lh I: ~ "i.:"" ",-.,.,,,.., ''''''<1~' Allpruved U, r;.~n2"( ;".'" ,un' 'j'",,,, r,'.""aOH (,)filC' ~ 1 '15:20(i~ 4.; r>l/ tile://C: \AgendaT est\Expol1\93- Novcmher%202 7,'%202007\ 1 0_ %LWCOUNTY%20MANA.. 11/20/2007 Aoenaa It8m No. -: OG 'Novemoer 27.2007 F'399 1 of 10 ~",..., EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Clairicia Achille (Owner) for deferral of 100% of Collier Connty impact fees for an owner-occupied affordable housing unit located at Lot 7, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020740 in the amount of $12,442.52, OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Clairicia Achille for deferral of 100% of Collier County impaet fees for an owner-occupied affordable housing unit and authorize a reimbursement of the impact fees paid by Habitat for Humanity of Collier County Inc. in the amount of $12,442.52. CONSIDERATIONS: Artiele IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Clairicia Achille, which application, after staff review, was determined to qualify for thc program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Liberty Landing subdivision in I mmokalee. .,- During staffs review of the file to process this deferral for approval it was detennined that the Habitat for Humanity of Collier County Inc did not provide an application for the deferral program as a qualified developer prior to issuance of the building pem1it and payment of associated impaet fees as required. Staff has discussed this oversight with the County Attorney's Office and recommends that the Board aecept the application letter from the developer after-the-fact in order to complete the required papef\\ork and maintain consistency with the Ordinance for this file and deferral agreement. Upon approval and execution of this deferral agreement and lien, impact fees paid by Habitat for Humanity of Collier County Inc. in the amount of$12,442.52 will be reimbursed. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-40](3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has deternlined that until directed othef\\ise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $12.442.52 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. ,-- GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. A::jenda ilem r'-.J~> 1(}3 'November 27, 2007 Paos 2 of;() STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Clairicia Achille located at Lot 7, Liberty Landing, Immokalec and authorizes a reimbursement of the impact fees paid by Habitat for Humanity of Collier County lne on Building Pemlit 2007020740 in the amount of $12,442.52. and any budget amendments that may be required associated to the reimbursement. PREPARED BY: Frank Ramsey. SHIP Program Coordinator. Housing and Human Services keluml" i\aenca item 1,,0.1 OG 'Novemoer 27, 2pC7 Page 3 0 ' 10 J nlllk Rllm~~,' (oilier COl1nt~ HHS 33Ul E. lamiami Trail N"pl"" Fln.-j,IIIJ4IlZ File# 08-029-rF Thi\ """'.. f"rn""nnhnl,: LIEN AGREEMENT f'OR UEFERRAL OF 100% OF COLLIER COrNTY IMI'ACT FEES FOR O\V"iER OCClJPIED AFFORDABLE HOI'SING DWELLING I!NITS ThIS Agreement is entered Into this ~~ day of October, :2007. between Coll1cr County_ u polItical subdiVISIon of the: State of Florida (COUNTYj and ..Clairicia Achille" (OVvl\TER). collectively stated as the "Parties," NO\\', THEREFORE, for good and valuable consideratlOTL the receipt and sufllciency of \-\'hich 15 mutually ackno\""lcdgt:d, the Parties agree as follows TIllS LIen A~n:emcm is made pursuant to Chapler 74 of the Code of Laws and Ordmances of Collier County. Florida. known a~ "The Collier County Consolidated Impacl Fcc Ordinance" fOrdmuncc) In the event of any conflict \\'ilh thIS Agreement th:: terms of the Ordinance shall appi:-- The legui deSCription oftht', dwe]jinf..~ unit IS attached as E:~hibJ1 "/\" Tne lerm orIh1S A!-!TCcmcnt I:: from th(' date se: fonh above untli Ihe lmpact fC('IS n:paJc - Ti\~ amount 0, tl1'':: 101oa;:1 Je::.'.', deferred shall lx; paid til the COUt~--;'\' In fuL upon a,l tne sal:: ofthc dwdiing unit: hi the refmanclI1g of the dwelllnh' unn. Ci ~~ loss oftn:.: homestead exemption; or J) the first occurrence of any sale or tran~;fer or <.Jny pUrl of the affected real propen\ and 1fl all:,:' such e":111 the deferred Jlnpact fees shalJ be paid in full to the COUNTY not later then tn:: cioslO); or the :;aie_ or not later then the dTcClivc date of the transfer As.set forth in Exhibit "8.-' the amount of the deferred nnpac1 fees is Twelve Thou~and Four Hundred Fom- TV.io and 52ilOO Dollars ($12.442.S:n Repayment shalllllclude any accrued IIltcrcst Interest shall be computed at the rate of five percent 150.01 per annum. bUI In no event shalllt exceed rn-'entv-t1vc percent (25(\\1 of the total fee amount :' The deferred rmpacl fce~ shall be a hen on the property described ill Exhibit .. A." which lien may be foreclosed upon In the event of non-compliance \.\'lth the Ordinance or with this Agreement This Agreement shall operate as a lien agamst the dwelling unit The hen shall tenninate upon the recording or a release or satIsfaction of lien in the puhlic records of the Counl~ The deferrals oflmpacl fees and thIS Ap:rcement shall run \'\'Jth the land, and neither the dderred Impact fee~ nor this Agreement shaD be transferred, assigned. or otherwise conveyed. Except as prOVIded hy law, n:gardlt:ss of an;.-' foreclosure on the first mongage or other sccunty InteresL tfllS hen shall othe:nvlse be supeno! and paramount 10 the interest in the dwelling unit of any owner, lessee. tenant. mongagec or other person. except that this hen shall be on parity with any lien for County taxes o Upon the satisfactory completion of thIS Agreement's requIrements. COUNT")' shall re~ord an\' necessary documentaTIon eVldencmg same. 7 In the event the O\\'NER is In default w1der the Ordinance or this Agreement and the default IS not cured wlthin 30 days aher \\Tltten notlce, is provided to the OV.!l"ltR, the COUNTY ",C"- I'" 10' "~' , , "'~.:' '':) ["f'':' .. +~ ..:! 0' " may. at ItS sole optIOn. collect the Impact fee amount 111 defaul! as set fonh In tile Urdmance. or hnrlf:! ;i cIvil actIon lr1 enforce tim Agreement or dec]ar~~ that tile defenee Impact fees are then in default and Immedlatel:- due and pu~'ahlc The COl.r~'T\' shall be cnntled 10 recover all ices and costs. mc1udm,g atlorncy-s fee and cosh. mcuned h\' the COUl\"T'( In enforcing thIs Ag-rcemen!, plus Interest al the then maximum statuto~ rate rOT ludgments calculated on a calendar year nasi", until paid ~ TillS Af,.'Teemem ]s the soie ag-reemenl hctween the pames v.ith respect to the suh.icc1 maner nerelll. ilno shall be DwdInE:: upon the ()'0/NER'S successors and asslbTfls III Imeresl 9 ThIS Agreement shan he rcrowed in the offlciul records of the County al no cost to the COUNTY IN 'VIT~'ESS \\'HEREOF, th~ Pames have executed thIS Agreement on the date and vear ftrsl ahp\T \\TlDen Anest D\,VlCil [1' F I1ROCk Clerk BOld\[) Of- COL'NTY COMMISSIOl-iEl':S COLLIER CUtlN']"Y. f'"LORIDi\ h\ k\ _ Deput\ C)!:'rk .I:\MF~ C(lLFTTA, C."H/\l Rt-.'1A h' O\\-~ER Vv'Itnesscs ~:-"~. !~nn: Nam:.: (,iame:,: UW~>JER \\'nncsses ..J. ',U:-IT'l', l._._ ~~~ ..i1 -{-({-______~_____ ))n nt Nam'.:_l-),,?"~~-U':"_!...c___l:L--,~!J.:,:_j_--,-~__ STA TL OF !'LORID/. i COUNTY OF COLLIER) The foregol11g Agreemcm was aci..:nowJcdgcd before me this .~~_ dav of ~~ t...- ,__ . :007, by ,'.!.-.'1 whp 1S personal iy kno\\,n to me or has produced ______ as proof of idcntJt: [NOTARIAL SEAL /""","", VIRGINIA CANTU ~ WI CO'>lMtSSION ~ nOS'WI2S '\'.;"',,/ CXPlRES,~I2.201O ',"",,"'_N()l'AP" n ~'o.-_Q,. _..~_..~...e__"":"______ ~,~_'~".'..~~ ___ Slgnaturt' of Person 'raklng Ackno\'.,:lt:dgmcnt Approved as t fonn and I~~ :~llfi~ '--""-;." ---:._-_.~.\--~~~ .ldI'rcv A-KlatzIW\\ Chlef".'-\ssistantt'ount\ Attorni;'\ I . . Re~ommend A~prova]' I I L~_~.J, -'..-.:,-- -- -~---_._---- --Marcy krumt1fnc. 1\11' i\ Dlrcclur Coll!('r COUnT\ Housin~ and Human Service:, _..- EXHIBIT "A" LEGAL IlESCRII'T!ON Lot 7. Liherty L.anding. according to the plat thereof, as recorded in Plat BOOk 47. Pages 71 through 73. in(,:iusi\'c. of the Puhlic Records of Collier Count:,"'. Florida. EXHIBIT "II" IMPACT FEE BREAKIlOW1\ T~'pe oflmpact Fee A EMS Impact Fee B. Correctional FacilitIes Impact Fee C Libraf';" Impact fee D Commumty Parb impact h::t L RegIOnal Park:- Impact Fee t~ !:ducallonal hlCilllic> S.\-sr:.:m lmnac1 Fec G Road lmuJ.ct h:e H Ciovemmenl buildmg:; ImnaC'l ~ee La\\, I::ni"orcemem impact h:e TOTAL IMPACT FEE~ ':/-!.i1f'f"<lIC: Amount Owed S 100.59 $62.14 $368 18 S75CJ,O(i S,1.654[)U S~.g62.0n So.USO.O(i ~~41Cl(li' S17Uli S J :'.4~1.52 .';gend2 !Tem ~.JD.i 1 DC; I'~ovember 27.2007 Page 5 of if: . . ,L,;J9n02 lIen-I lye 1 D3 f'Kwe:T!De: 27', 2007 f. of lei """;0.,;;." August 17,2007 Attn: Frank Ramsc\ SHIP Program Coordinator Collier Coum\ 3301 E. Tamiami Trail Heal1h &. Community Services Building Naples, FL 34112 Rc.. ,. Impact Fee Reimbursement Dear Frank: liahiwt I()! Hun1anit) ofCnllicr Count:_ incH is requesting reinlbursen1~m fo:' impact fees paid through the Impact Feo;:.' Deferral Program. These fees were paid up front b\ Habitat ior Humanit\ orCollier Countv.lne.. in ordcr to ~xpedile the building proc~ss. howevcr the ruture owners for th~ piopcny qualif~ for an impact rce defcrr:.tl. Described as foll()\vs: Clairicia Achille 3544 Liherty Way, Immokalee FL 34142 Permit # 2007020740 Please reel free to comact NOIma Lora (77:'-0036) if you have any questions or conCCmS. Sincerely. Samuel Durso. M. [) Presidel11 A'Js:'wc item i'~G, 'i(}S "f'\C'lV8iTlbe' 27 20G7 ,_J' c' - Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt I ITrans J'tumber ---- -~---- u, i Date l Post Date . Payment Slip Nbr ! 3/27/2007222:40 PM - -~- I 748743 PT 2007020740 --------- ... ;,/2J/2007 , I Address: 3544 LIBERTY WAY Owner: HABITAT FOR HUMANITY COA #: 06-0220 Permit Type: BR2 Job Desc: FRAMED S/F ATT 1 STY-150 AMP-TWIN VILLAS Applicant HABITAT FOR HUMANITY-SAM DBA: Swr Meter: IMM WtrMeter: IMM Payor' HABITAT FOR HUMANITY OF COLLIER COUNTY INC Fee Information -. __n - --- ! Amourit~Walvedl ~.code Description - ' GL Account i 08BCAI BLDG.CODE CERT SURCHARGE 11300000020882000000 i $6.82 ! ---.! i 108BPIM BLDG PERMITS - IMMOKALEE . _J1313899Q}2212000000 1 $553.60 ! 08CPMF..jCOMM PK IMPACT FEE M/F_ 34611636336353031346 I $750.00 .- - ! 08EMMMElEMS IMPACT FEE M/F _..__ 35014047036353031350 $100.59 .--. ! 08GBMF ! GOVT BLDG IMAPCT FEEMlF ------- 39012223136353031390 $410.00 I 081MFF - $1i~f~H- _.._~ i IMMOKALEE FIRE IMPACT 11300000020985000000 I , 08JLMF 1 JAIL IMPACT FEE M/F 38111043036353031381 ---~ - 08LBMF I LIBRARY IMPACT FEE M/F 35515619036353031355 1----- $368181 08LWMF LAW ENF IMPACT FEE M/F -- :38511043336353031385 . f-$~~~~~~ 1--- ~FR5 DIST 5 ROAD IMPACT FEE-MUL TI-F 133916365936353031339 08MFSG MICROFILM SURCHARGE - I 11313890034144~00000 ,$300~__ , 08RDGS IBLDG-PERMIT SURCHARGE 11300000020880000000 i $6.82 i I 08RPMF I REG PK IMPACT FEE M/F !34611636336353031346 $1659.00 i 108SCHI . SCHOOL BOARD IMPACT FEE ' 11300000020905000000 $2862.00 I I ----... 11PUDM I PUD MONOTORING FEE i 13113890432248900000 $75.00 I i 12.SITE-'SITE INSPECTiON-ENGli{EERING---;- 13113832732249000000 -~---------------------- - - I L-_t1~000 i------.J 1_08BACR 1 BLDG. PERMIT APP. FEE CREDIT ,11313890032251000000 ......l----d~~~~~~ _I Total . Continued - __rn~, Collier County Board of County Commissioners Printed:11/1/2007 8:23:28 AM CD-Plus for Windows 95/NT i:.,qendc i~em I'~o" 10,::: 'NoVember" 27. 2007 F'2ge b of -: (", Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 748743 i Date~Dst Date i 3/27/2007 2:2240PM 3/27!?SJOl_ P?yment Slip Nbr PT 2007020740 -----._- Payments Payment CDde . CHECK AccDunt/Check Number 13591 . "E AmDunt: __ $14651.80 T DIal Cash r $0 00' TDlal NDn-Cash j'-$14651jQJ TDtal Paid $1465180 I MemD: Cashier/IDcatIDn: HILLCAROL / 1 User: POTTER_ T CDllier CDunty BDard Df County CDmmissiDners CD-Plus for WindDws 95/NT Printed:11/1/2007 8:23:28 AM Aoenaa Item i\Je.. '1 DC; -1~\jovemDer '27, 2007 Flage 9 of 10 "71' t., ""'~', <n'p;, .,;;, October 29. 2007 Attn: Frank Ramsey SHIP Program Coordinator 3301 E. Tamiami Trail Naples. Florida 34] 12 R.E: Permit #: 3544 Liberty Way. Immokalee. FL 34 I 42 2007020740 Dear Frank. Habitat 1,"' Humani!, oCColiicr Count,. Inc. pe,' the COUnT' Wide Impact Fcc Deferral Program. idemii1es the above referenced propel1\ as an ailordabk housing unit. Please let this letter serve as an aJler-thc-faet application and identification that an income eligible. legal resident ,.fthe 1 enited States will occupy the propeny once complete. Habitat ielr Humanity of Collier County, Inc paid the Impact Fees up front in order to expedite the building process. Please feci free to contact Norma Lara (775-0036) if you have any questions or concerns. Sincere!)::.. /' ,;1" _...". " ,/./",e ~ / /., " .;.<C /.~ / /./ _____- ~/ ,..r_'._".'';:'--''~' -' Sanlucl Durso. M.D. President ;.IF ~.-! h~'; ,cr"' Pa!!c 1 or 1 COLLIER COUNTY BOARD OF cour~TY COMMISSIONERS Item Number: Item Summary: .. 11,'I".8;;t,0', \"',tJT m' ~;Vl ,('''11', "Yrlrll'''' "-',u",' ,;u n.~r:~l" 1'1' :,"1;" 1lli.r1 SI(1"; :,'H<eenH,,; 1 \',t" (;Idlr.~.:c: ,".c"H' ". ,. OPI," d I ~-' i C:'CI" , ,..':."';' .,)' <1' (l'.'.-I"" V::'l'~IL'(I :il r;'TJlJI, - ^ ;.-" C' ~j '" . an,j!'1(] -.]1".(1 d'J" 'YI~e', ? 'e'rTTl' ""rr.e'lt 0' I'v.' I"~'- ::>(0:(1 r, c-j.1[-; '" in' "11.."-f1'-I~IIV T "r:, I' , 'r I.. :J n 1 '-,",;r (:f ,. ~::: 4: Meeting Dille: Prepared By .-r"'",, "'~m~'.' Sd'"' i-'r""rJn, '_""WlrWl'" I"'" h,bll,-S"rv:ce" H01""IO ~nd h"m~" ::'er,l(.u-' l",'"wn7C:(";,2(iAri Approved By ~/;,1r~V f',rumhlnc li"C~I," Ij~1( PUbllcSNVlce<: I-I"'--'$rnn & hUITlJn Service-: l'-''':20071110Ar,' Approved H~' .ieft Klal2.kow "S51~lJf1t COUllt\' t;t!<1rnE<\ U,11' (;oumy:,aorne\ COWl!\, Atlom"\' OffiCE< 11IS"2[),,74 [)2 Pri Approved H~' r.::" ","",,,,,,,, hJl;i'~ :o.',crvw, .; ,,",orn"'1 ,:r~tr ~"'!'. "'(,v; Y;n'''~'' f-'ul"-- ',;"""" ".;;20 hl.C Appruvl'd H) "","'" On' "";",,,,' So,..", 1t"";"'~11'" -icu"",I(," i~:20:',-' Approved H) "il"." ., r:"vn 1'.':,on~f1 '111~"~ :; 1:<"""',1 ,",Ii,cr'.".' 'Oll"!" "";,,.;;,,~' (lhc' rU'11I'''''J'''W,nl ;',,''''' " '~,) - I~:C\', "I .-\pproHd H~ .I~m~:~ ""',"r',)'i~ ,Je' "')M(1" U_JU'r:.... Comm'55wn",p CUll"''';', '. ClUe<' I :11~i2C07 S<, 1 cj ;,1.' tile:lIC:\Ap.enda']'est\Export\93- Novemher%202 7.%202007\ I O. %20COUNrY%20MAN A., 11/20/2007 .i\aenJa item No.1 (jH 'f,jcvembe!. 27.2007 Page 1 of 10 EXECl!TlVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Monica Martinez (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing uuit located at Lot 14, Trail Ridge aud authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Ine on Building Permit 2006064365 in the amount of $13,616.20. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Monica Martinez for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit and authorize a reimbursement of the impact fees paid by Habitat for Humanity of Collier County Inc. in the amount of $13,6 16.20. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Monica Martinez, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Trail Ridge subdivision in Naples. During staff's review of the file to process this deferral for approval it was determined that the Habitat for Humanity of Collier County Inc did not provide an application for the defeITal program as a qualified developer prior to issuance of the building permit and payment of associated impact fees as required. Staff has discussed this oversight with the County Attorney's Office and recommends that the Board accept the application letter from the developer after-the-fact in order to complete the required paperwork and maintain consistency with the Ordinance for this file and deferral agreement. Upon approval and execution of this deferral agreement and lien, impact fecs paid by Habitat for Humanity of Collier County 1nc. in the amount of $13,616.20 will be reimbursed. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fces. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been thc practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that unlil directed otberwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $13,616.20 in impact fees. Although it is expected that thc County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. ,- GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 ofthe Code of Laws and Ordinances of Collier County. ;'~,;I-?nj? iTem ~w. i Or. i\ovembet' 27, 2007 P89S 2 of 10 STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Monica Martinez located at Lot 14, Trail Ridge, Naples and authorizes a reimbursement of the impact fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2006064365 in the amount of $13,616.20, and any budget amendments that may be required associated to the reimbursement. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services .' .,~ l~Ctlll'lILO ,Li,qenda Item NO.1 OH 'November 27. 2007 Pa983 of 10 Frail!.: RIlRl~r.\ (:lIlli~t C('lInt\'IIiIS J3UJ L.'I HRli:lI11;"I rllil 'lillplrs,Flnrit.l..J4112 File# 08-037-11" Thj~ Spllr~ for rc+:ordill)! LlE!\ AGREEMENT FOR DEFERRAL OF ]00%, OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORI)AIlLE HOUSING DWELLING UNITS This Agreement is entered into this duy of OctobCL 2007. between Collier County, a political subdivision of the State of Florida (COUNTY) and "Monica Martinez" (OWNr::R). collectively stated as the "Panics:' NOW, THEREFORE, fur good and valuable consideration. the receipt and sufficiellcy of which is mutually acknowledged, the Parties agree as follows: L This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County. Florida, known as "The Collier County Consolidated Impact Fee Ordinance'" (Ordinance). In the ewnt of an}' l.:onHiet with this Agreement. the terms of the Ordinance shaJl apply. :2. The legal description of the dwelling unit is attached as Exhihit "A." 1. The term nfthis ^k-'Tecment is from the datl' set forth aho\'e until thl' impact fee is repaid. 4. The ampunt of the impl.lct fees deICrred shall be paid to the COUNT):' in full upon: u) the sak of the dwcliing unit: h') [he rciinancing of the dwelling unit: c:\ a loss of the homestead exemption: or d) the lirst occurrence of any sale or transfer of any part of the affected real properly, and in any such event the deferred impact ices shall hl' paid in full to tIw COUNT):' not later then the closing ofthc sail:, or not later then thl: effective date ofthc transfer. A~ set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Six Hundred Sixteen and 20/1(J() Dollars ($13.616.20). Repayment shall include all)' accrued interest. lnterest shall he computed at the rate of five percent (5%) per annum. hut in no event shall it exceed twenty~five percent (25%) or the total fee amount. 5, Thr.: deferred impact fees shall be a lien on the property descrihed in Exhibit "A." which lien may he foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lic.'n against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the puhlic records of the County. The deferrals of impact ICes ami this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall he transferred. assigned, or other\.visc conveyed. Except as provided by la",'. regardless of anyl()rcclosurc on the first mongage or other security interest. this lien shall otherwise be superior and paramount to the interest in the dwdling unit of any owner, lessee, tenant, mongagee, or other person, except that this lien shall he on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements. ('OlJNT'r" shall record any necessary documentation evidencing same. 7. In the event the OVr'NER is in default under the Ordinance or this Agreement. and the dcfimlt is not cured within 30 days after \vritten notice is provided to the O\VNER, the COUNTY ;..o,;:;e:-1GZ; !F:?rr, :~C;. , ' rIJ::YVemD8i :::1',200;- Pa9?.d of 10 may. at its sole opt lOlL colkct the imoact fee amount in dl'laull as set forth in the Ordinance, or bring a civil action to l'nfon.T this :'\grccmcnt. or dcclan:: that the deferred impact fees me then in dci~\Ult und irmncdiatl'ly JUl' and raY:lbk The COt Tj-":T\' shall be cntitll'J to rCCO'\Tr all fees and costs, including <.lttorney's fee and costs. incurred hy the COI1NTY in enforcing this Agreement. plus imerest at tbl' then maximum statutory rate for judgments calculated on a calendar year hasls until paid. ~. This Agreement is the sole agreement between the parties with respect to the sub.icct matter herein. and sh311 be binding uponlhc ()\)/NLR'S succcssor:~ and assigns in imcrcst. l). This Abrecment shall he rc<:orded in the official records oj" the County at 11(\ cos! to th{' COUNTY. IN WITNESS WHEREOF. the Parties havl: executed this Agreement on the date and year first ahove written. Attest: DWIGHT L. BROCK.. Clerh BOARD OF COU1\:TY COMMISSIONERS COl.LIER COUNTY. FLORIDA, B:-': By: . l1cDut:- ('leI'\: .lAMES ('OUTIA CHAIRMAN (IWNFR: \\'::l-t-llCSSCS: . ~ ~l-;-njca ~1';rt;~"~----;--' Print Name - q ()\\'NER' v.,:itncsscs: Print Namc STATL OF FLORIDA) COUNTY OF COl.LlER) Thc foregoin!;'. Ag.reement was acknO\vlcdged ot.'forc me this __~___ day of ~~_'~_~' 2007. hy~__~_________~_,_._. viho is _pl:fsonaliy knOwf1_t!l mC or has produced ~_______,_ ._______________________ as pro{lTofi(fcntii-y. ~^"^""'"':: ~rN'6T~Rifr)~i";ALi . : .~;~~~- 'T i, Approvc,a as lr fonn and legal'suiu:biooC\,,:- <.'~.' _ _ 1 '. ,- -', , , --- .1 effTe)' A. .Klatzk.ow Chief AssU:;tant;Count\' Anomc\ i . - Signature or Person raking. Ackno\1,,;]cdgment Recommend Approv31: ~-------==----- -Marcy Krumhinc. MP/\ DircctO! Collier County I-lousing. and Human Services , EXHIBIT "A" LEGAL DESCRIPTION Lot 14, Trail Ridge, according- to the plat thereof, as recorded in Pial Hook 44, Pagc~71 through 77. inclusive. of the f1ublic Records of Collier Count~', Florida. EXIIIIIlT "H" IMPACT FEE BREAKDOWN Type oflmpact Fec A. EMS Impact Fcc B. Correctional I:acilitics Impact Fcc C. Library' Impact Fcc D. Community Park;; Impact Fcc L Regional Parks Impact Fec F. EducutionaJ Facilities System Impact Fce G. Road Imparl l'ce: It Government Buildint!s lmpacl Fe(' 1. Law Enforcement Impact h.x' J. V'/atcr lmpaCl i"ec 1\.. Sewer Impact Fe:;.' TOT AI, IMPACT FEES J/I,I\.ArllTovcd__'__:_ Aqenda Item NO.1 OCt 'November 27, 2007 Page 5 Of 10 Amount Owed $100.59 $62.14 $36g.1 X $750.00 $1.654.00 $g27.00 513.7:> 1.00 $1 ::;0.24 $~3.(J5 $2.7(,(j.O(j $3.1 25.00 $13.(,1(,.20 . . 2,qEnQ2 ii8iTi I~c, 'iC;r--; IIJ~:)\IemDei- 2.7,2007 Pags 6 of 10 j' '" <;', fP September 14.2007 Attn: Frank Rumse) SH1P Program Coordinator Collier County 330 I E. Tamiami Trail Health & Community Ser\ices Building Naples. FL 34] 12 Re: impact Fee Reimbursement Dear Frank: l-lahitat for Humaniry or Coiiier County. Inc., is requesting rcimbursemel11 for impact fees paid through the lmpaet Fec' Deferral Program. These Ceee. were paid up front b\ Ilahital lor Humanit\ of Collier Count\.Inc.. in order lO expedit;.> the huilding pr()cc~s. hov,"cver the future o\vners for the propem clUaiih lc)r an impact fee deferral. Described as follows: Monica .1. Martinez 13336 Covenant Rd, Naples FL 34114 Permit # 2006064365 Please feci ti'ce to contact Norma Lora t 77S-0036) if you haw any questions or concerns, Sincerely; j- " '/!i-:;/>,: .' /-t^//>::" ./' _/,.. '" / ,_. :-.- _.,,/ . Samllel<f Durso/M.D, Presiden1 :c..,;J8nda Item hK_ ~iOH I~ovember =7" 20()7 F':'aae -- Of 1;~ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ~s Number 694820 .U----I ----------1 , 1 Date 8/15/20062:3739PM ~ Post Date , 8/15/2006 ~ent Slip Nbr PT 2006064365 --- -----"" Address 13336 COVENANT RD Owner: HABITAT FOR HUMANITY OF COA#: 05-0717 PermitType: BR2 Job Desc: FRAMED S/F An 1 STY-150 AMP-TWIN VILLAS Applicant: HABITAT FOR HUMANITY-SAM DBA: Swr Meter: SC Wtr Meter: CC Payor: HABITAT FOR HUMANITY OF COLLIER COUNTY INC Fee Information I Fee_CodeiDescription---------------.9L Accour1L~=_---==--=- Amount i Waived I 108BCAI]}[DGCODE CERT. SU.. RCHARGE_. 1130000002Q8..fl2000000 ..... ' ..... $6821- _ ~..:.. , 08B~ lBJ-DG PERMITS - NAPLES 11313890032211000000 I $55360 , i . 08CPMF 'HCOMM Pi<;IMPACTFEE M/F~461-5640236353031~46 -T $75000 --J i ~~~~I~MF1~~;~.~~~~g~I~.~.. ~~PACLuu . ;~~~~~~bm. ;~;~;~;;~ i-.. :l~~;~.I._. I '08GBMF I GOVT BLDG IMAPCT FEE M/F '39012223136353031390 $150.24 . 108JLMF .1 JAIL IMPACT FEE_M/F___38111043036353031:381,u- $62.14: .--'-1 LQ8LBMF 1 L1BI3ARY IMPACT FEEM/F .u. 35515619036353031355.u' _.$36818 I ~ i, ~i-~!~~.F :.~\~~!i5~~f~:. :~~.::.MUL TI-F.. ". ~..m~.~~~mm...~.~. ~~.~. .-r~3~!i: '.. .. .-1 i 08RDGS.'u I BLDG. PERMIT SUR.CHARG.L.. J113000000208800..0. 0000.. ..u.. . $6.82 ~ ' 108RPMF I REG PK IMPACT FEE M/F - - '34615640236353031u346 $1659.00 I__ I 08SCHI' TI $.C;I:lOOL BOARDIi\"PACT FEE.- 11300000020905000QOO.. ....... $827.00 '---I i 11 PUDM . PUD MONOTORING FEE . 13113890432248900000 $75.00 I ~~.~iJ~ ! ~~1~!~~~i~~N~~~~~~~~NG-Immm~~~~~~~~---i. $H~H~ ,---= !42WSDC WATER SYSTEM CHARGEu-141127351134336031411----t- $2760.00 .._.u_ 08BACRBLDG PERIViIT APP FEE CREDIT 111313890032251000000_ j;-10000 Total $14833.04 - Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed 11/1/2007 8:2637 AM i.~C;\/'?nlL)~: --c- r)[\ - '-~." 8 Of ,:,- Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt . Tra-ns Number ! Date .-- .. i Post--Oate ~694820 n .____ 8/15/2006 23739 p~----=r 8/15/2006 _ Payment Slip Nbr I PT 2006064365 I -----J I Payments , Payment Code 'CHECK Account/Check Number 11879 Total Cash -.. $0,00 I Total Non-Cash 014833.041 Total Paid !$14833:041 Memo: Cashier/location HILLCAROL 1 1 User POTTER_ T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Pnnted:11/1/2007 8:26:37 AM .'.\Qsnda lIen; NC!, ~l OH l.Jovember 27. 2007 Pa98 9 of 10 , , >It;" t' ,. f L ~ , [ Ii.' SIi :.' I' i ";;nt October 29. 2007 Ann: Fran].; Ramsey SHIP Program Coordinator 3301 E. Tamiami Trail Naples. Florida 34112 RE: ,Pem1it #: 13336 Covenam Road. Naples, FL 34114 2006064365 Dear Frank. Habitat for J lumani(\ of (o!iicr County. Inc. per the Coum: \Viat Impact ree Dcfen-::ll Prilgran"l. idelltifies the ab()\,T referenced rr(lpen~' as an affordahk housin!:-' unit. Please let this letter sene as an atlcr-the-faCl appiicmion and identiiicallon thm an income eligible. legal rcsidcl1\ oflbe 1niled StaTes will OCCUPY the propcrt\' once complete, Habitat for Humanit) of Collier County. 1nc paid the impact Fees upfronl in order to expedite the building process, Please feel Ji'ee to contact Norma Lora (775-0036) if you have any questions or concerns. Sincerely .- /". ../"~~/ , 'Samuc1[)ur;o.1vr:6/ President Page] of] iTO:T COLLIER COUI\TY CCJAF;" (;r COUr.;TY COM~1iSSIONEF:: Item Number: Item Summary: -"'1' ,,)'.W: ,Ornrn,,,c,,()n," N'';;dJ:i1Gr::-l':tr-" Eo:',' )('1 ':;i'J I:" '''1);,-' ~:I ':)'.',"" .. "liS'" :elli(' J')~); , ;i1! 'J:C,: i'" 'I d' '" :r,ZiC" - 'elml:u,serne'lT 01 Trl'" 'f' ~ r'J:'~ :'\ Har;' r"HTI;~'1 'v,,: '".,'I(I:r":;'-C''''1I: ",n" I)llto:-' Meeting Date: OC i,M I'repllred "~ f'-rank Ram~(.'\' SH" "",'00r3'" :."",(j",~I" rJim F':mll~ Se'--'jIG-o,. :m:JndH",,,:O",:.,,,c'w_ 11 iSi2nr,"I L ~).~ : 1 2 ;0, ~', Appro\'etl By r{~r( r,rumr"n r",e,'('" nat" Publ" """_'IC"'C. Hou,,,,,, I: Human S..r\iIU" 11''J.'2DG7 1: 1D A~' Appro\'cd B~' .I['~f KlaU~(w, AsC,lstamC"untvAnornf", r;,1p' C,ounut,twrrw' c..OlJnl'-,'A:lOmc'"Off,u 11!S,'20C; 4:01 P!: Approved B~ M""";",ms",, hJr,i: .; !''''HI'''str~1<'' ;"1 '-"_J";I::""'" I..,,~)W ',1",1,,,,, ".. ~;~7 {,ii ApprllWdB} .vcn;,",','" . ; :,~ i\ '-'r'1r '''~, tfJ\ n."' ~",... nJ;l'" ""',(,1"". "'I Appr"\'l.tl n~ ';iV'" ;'i','C' I,--,"I""f;("'''-'',\"," ,'''..n'c' ':"Jr';;C'U :1'i;<;< ;." ,,~ "(.'" 11' <". .. b "0 (Jf . "{:''I':'' '.~ '01 Apl'rn\('d H)' J::~'W ' ''''Ml' ';'J'"'' r.;,:;",' : ~mrn:o >ror)r,,' ,- ".J~r ;1.''''''''':'', CILef' : 11':"i2C07 ': '11.', p~' file://C:\AgendaT est\Export\93- November%>2.027. %202007\ I O,%,20COUNTY%20MANA.. ] 1/20/2007 .~G'3:1:;a Irer:i I\i-:J. ~IC. t~()vember 27, 2007 F'age 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Miguel Vera Vera and Maria Elena Vera (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 16, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020728 in the amount of $12,442.52. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Miguel Vera Vera and Maria Elena Vera for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit and authorize a reimbursement of the impact fees paid by Habitat for Humanity of Collier County Inc. in the amount of $12.442.52. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws aI1d Ordinances established a program to defer impact fecs for qualified affordable housing. Pursuant to this program, an application tor deferment was submitted by Miguel Vera Vera and Maria Elena Vera, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents arc on filc at the office of Housing and Human Services. The property is located in the Liberty Landing subdivision in lmmokalce. - During staff's review of the file to process this deferral lor approval it was determined that the Habitat for Humanity of Collier County lnc did not provide an application tor the deferral program as a qualified developcr prior to issuance of the building permit and payment of associated impact fees as required. Staff has discussed this oversight with the County Attorney's Office and recommends that the Board aecept the application letter from the developer after-the-fact in order to complete the required paperwork and maintain consistency with the Ordinance for this file and deferral agreement. Up