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Agenda 10/24/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA Tuesday, October 24, 2000 9:00 a,m. 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. COLLIER COUNTY ORDIN~"ICE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ~"IY 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. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS G~"ITED BY THE CHAIRMAN. 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, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Father William Kehaye" St. Katherine's Orthodox Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES 1 October 24, 2000 A. September 6, 2000 - Budget Public Hearings B. September 26, 2000 - Regular Meeting C. October 2, 2000 - Value Adjustment Board 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming November 4, 2000 as "Paint Your Heart Out" Day. To be accepted by Mr. Bill Brigham of Busey Bank Florida, Ms. Susan Golden of the City of Naples Planning Department, and Mr. Cormac Giblin of the Collier County Housing and Urban Improvement Department 2) Proclamation proclaiming November 6-12, 2000 as "Youth Appreciation Week In Collier County". To be accepted by Mr. Gerald Neff, Youth Appreciation Week Chair. B. SERVICE AWARDS 1) Rhonda Tibbets, Purchasing Department - 20 Years 2) Teresa Beck, Code Enforcement -15 Years 3) Alice Toppe, Risk Management -15 Years 4) Kevin Dugan, Pollution Control- 10 Years 5) Joan Young, Utility Finance Operations -10 Years 6) Louise Chesonis, County Attorney - 5 Years 7) Joseph McClamma, Wastewater Department - 5 Years 8) Jesse Posada, Parks and Recreation Maintenancellmmokalee - 5 Years 9) Domingo Almaral, Transportation/Landscape D lartment - 5 Years 10) Gary Morosso, Utility Finance Operations - 5 Years 11) Jean-Elie Pierre-Louis, Water Distribution - 5 Years C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT 2 October 24, 2000 A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Board authorization for the County Attorney to retain outside legal counsel to me a lawsuit in Federal Court to challenge implementation of Florida's Communication Services Tax Simplification Act. 2) Discussion of implementation of a Hearing Examiner Program for quasi~judicial land use hearings. B. TRANSPORTATION SERVICES 1) To obtain direction from the Board of County Commissioners for the County Manager and County Attorney to review an Ordinance prepared under the direction of the Pelican Ba)' Property Owners Association to amend the Ordinance establishing the Pelican Bay MSTBU, C. PUBLIC UTILITIES D. PUBLIC SERVICES 1) Presentation and Acceptance of the Final Report of the Collier County Community Health Care Committee. 2) Approve Construction of Parking Garage at the Vanderbilt Beach Park Facility. E. SUPPORT SERVICES F. EMERGENCY SERVICES G. COUNTY MANAGER H. AIRPORT AUTHORITY 3 October 24, 2000 9. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners give direction to the Office of the County Attorney and Risk Management Department in responding to proposal for settlement from Jeffrey Popp in Popp v. Collier County, Case No. 99-3286-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida. B. Closed Attorney-Client session for discussion of settlement negotiations and/or strategy related to litigation expenditures of the pending litigation case of Aria Bernstein v. Collier County, Case No. 00-14229GG, pending in the U.S. Court of Appeals, Eleventh Circuit. Persons in attendance will be the Board of County Commissioners, County Manager Thomas W. Olliff, County Attorney David C. Weigel, Assistant County Attorneys Ramiro Mailalich and Michael W. Pettit. (Item to be heard at 2:00 p.m. or at the conclusion of the regular meeting agenda, whichever occurs earlier.) C. Board direction regarding settlement proposal and mediation in the case of Bernstein v. Collier County, Appellate Case No. 00-14229GG. (Companion item to agenda item 9(B), to be heard immediately after agenda item #9(B). 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Parks and Recreation Advisory Committee. B. Appointment of member to the City/County Beach Renourishment Advisory Committee. C. Confirmation of members to the Community Health Care Planning and Finance Committee. D. Discussion and possible direction to staff regarding the Board of County Commissioners Policy 9.3, Transportation Element of the Growth Management Plan. (Commissioner Brandt) E. Appointment of members to the Affordable Housing Commission. F. Discussion regarding a joint meeting to be held during the first quarter of 2001 between Collier County, Lee County and the City of Bonita Springs. (Commissioner Carter) 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS 4 October 24, 2000 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Adoption Public Hearings of 2000 Growth Management Plan Amendments. 2) Petition CPSS-2000-1, Dwight Nadeau of McAnly Engineering and Design, Inc., representing Carmen Cali, contract purchaser, requesting a small scale map amendment to the Golden Gate Area Master Plan Element (GGAMP) of the Growth Management Plan to designate 9.54 acres, located on the south side of Randall Boulevard and V. mile east of Immokalee Road. as "'Randall Boulevard Commercial Subdistrict". 3) Recommendation that the Board of County Commissioners adopt by Ordinance an amendment to the Immokalee Area Master Plan, a separate element of the Collier County Growth Management Plan, to delineate an urban infill and redevelopment area. B. ZONING AMENDMENTS 1) Petition PUD-99-20, representing Brynwood Preserve, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Brynwood Preserve PUD allowing for 160 mixed residential dwelling units for property located on the east side of Livingston Road (C.R. 881) and approximately one quarter mile south of Pine Ridge Road (C.R. 896), in Section 18, Township 49 South, Range 25 East, Collier County, Florida, consisting of 29.26 acres more or less. 2) Petition PUD-2000-12, Dwight Nadeau, McAnley Engineering and Design, Inc.. representing S.J. Benson & Associates, Inc., requesting a rezone from "'A" to '''PUD'' to be known a~, Arlington Lakes PUD, a residential development not to exceed 590 dwelling units, located approximately y, mile south of Pine Ridge Road (C.R. 896) on Livingston Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 98.36+/- acres. 3) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition PUD-97-18(1), Karen K. Bishop of PMS Inc. of Naples, representing Vanderhilt Partners II, LTD., requesting a rezone from "PUD" to "PUD" Planned Unit Development and "RMF-12ST (3)" and "RMF- 6 ST (3)" to "PUD" Planned Unit development known as The Dunes PUD for the purpose of amending Ordinance No. 98-24 and having the effect of increasing the acreage from 88.55:,: to 188.55::t, increasing residential dwelling units from 531 to a maximum of 754, increasing gross density from 6 dwelling units per acre to 4 dwelling units per acre, showing a change in property ownership, increasirig building heights to 150 feet, adding restaurants, lounges and similar uses as accessory uses, increasing open space from 53 acres to 166 acres, for propert)' located on the northwest corner of Bluebill Avenue (C.R. 846) and Vanderbilt Drive (C.R. 5 October 24, 2000 901), in Section 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 188.55:t acres. C. OTHER 1) To consider adoption of an ordinance amending Collier County's Noise Control Ordinance, No. 90-17, as amended; amends provisions regarding testing equipment and procedures; amends some Table I, A - weighted sound levels; adds the Immokalee Area Overlay District; adds Table II - Octave band sound levels; adds vibration standards; amends corrections for character of sound provisions; amends provisions regarding sounds measured within multi- family dwelling buildings; amends provisions regarding regulated music and amplified sounds from unenclosed areas; prohibits loud sounds to promote commercial activities; exempts authorized activities at schools, parks and playgrounds; does not specify sound limits applicable to future raceway facilities at the Immokalee Regional Airport; prohibits unnecessary and unreasonable sounds that do not require testing by equipment; provides for preservation of other remedies; deletes provisions that require annual permits for enclosed areas; adds compliance requirements for specified businesses that were encroached upon by residential use or zoning prior to February 23, 1990; adds grandfathering provisions applicable to existing utility facilities, existing air conditioning equipment, existing heating equipment, and similar existing items; amends community event permit provisions; provides for conflict and severability; provides for inclusion into the code of laws and ordinances; provides a delayed effective date until January 1, 2001. 2) THIS ITEM WAS CONTINUED FROM THE OCTOBER 10. 2000 MEETING. Amend the State Housing Initiatives Partnership (S.H.I.P.) Down Payment/Closing Cost Assistance Program for First-time Homebuyers. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-ZOOO-I7, Sharon Heimerl, representing Linda May, requesting an after-the-fact variance of 3 feet from the required30-foot side yard setback to 27 feet for property located at 4130 14" Avenue N.E., further described as Tract 37, Golden Gate Estates Unit 73, in Section 33, Township 48 Soutb, Range 28 East, Collier County, Florida. 2) Petition V-99-29, William L. Hoover, AICP, representing Larry J. and Marcy A. Gode, requesting a 3.0-foot variance from the required 13-foot east side yard setback and a 10-foot variance from the required IS-foot west yard setback in order to develop a commercial lot 6 October 24, 2000 for professional offices on property located at 109" Avenue North, also known as Lot 9, Block 2, Naples Park Unit 1, as recorded in Plat Book 1, Page 106, Collier County, Florida. (Companion item to Petition OSP-99-3) 3) Petition OSP-99-03, William L. Hoover, AICP, representing Larry J. and Marcy A. Gode, requesting approval of off-site parking on property located at 109" Avenue North, also known as Lot 10, Block 2, Naples Park Unit 1, in order to serve a proposed office building to be located on 109" Avenue North, Lot 9, as recorded in Plat Book 1, Page 106, Collier County, Florida. (Companion item to Petition V-99-29) 4) THIS ITEM HAS BEEN CONTINUED TO THE NOVEMBER 28. 2000 MEETING Petition A-2000-1, Edward J. Fullmer, Vice President and Acting President, representing the Goodland Civic Association, appealing the interpretation of the Planning Services Director that the Dolphin Cove Site Development Plan (SDP-98-40) was consistent with the Purpose and Intent Section (Section 2.2.9.1) of the Village Residential (VR) Zoning District of the Collier County Land Development Code (Ordnance 91-102, as amended), on the date of staff appro\'al of the SDP (November 12, 1998). SDP-98-40 authorized the development of a 76- unit multi-family project on Bock Y, Tract 1, Goodland Isle Subdivision (Plat Book 6, Page 7). B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' 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) Approve Amendment No.1 to the 1999 Tourism Agreement between Collier County and the City of Naples regarding the reconstruction of the Naples Pier. 2) Approve a 2000 Tourism Agreement with the City of Naples regarding emergency dredging of Gordon Pass. 7 October 24, 2000 3) Approve Amendment No. 1 to the 1999 Tourism Agreement with the City of Naples regarding installation of T -Groins and modification of the Groin Field North of Gordon Pass. 4) Approve a 2000 Tourism Agreement with the City of Naples regarding post dredging monitoring of Doctors Pass. 5) Approve a 2000 Tourism Agreement with the City of Naples regarding Maintenance Dredging of Doctors Pass. 6) Authorize staff to approve agreement with Lewis and Associates to provide anditing services of MediaOne and AOLlTime Warner Cable Television Franchise fees. 7) Petition C-2000-9, Phyllis M. Jensen, Festival Chairman of the Naples Italian American Club, requesting a permit to conduct a carnival "Italian Fiesta" on November 2, 3, 4 and 5, 2000, on their property located at 7035 Airport Road North. 8) Petition C-2000-11, Ettote Rubin, C.S., of Our Lady of Guadalupe requesting a permit to conduct a carnival on November 22,23,24,25 property located at 207 South 9" Street in Immokalee. Catholic Church, and 26, 2000, on 9) Petition C-2000-10, Reverend Joseph Spinelli, O.S.A. Pastor of the St. Elizabeth Seton Parish, requesting a permit to conduct a festival on November 8, 9, 10, 11 and 12, 2000, on their property located at 5325 28" Avenue S.W. 10) Authorization to reject sole bid for proposal #00-3127 "Consultant Services for Consolidated Plan" and to authorize staff to re~advertise ~'Consultant Services for Consolidated Plan" for the coordination of information for the compilation of a consolidated plan to be submitted to the U.S. Department of Housing and Urban Development (HUD) as part of the application process for Urban County Status. 11) Recommendation that the Board of County Commissioners execute inter local agreements with specified taxing districts to exempt them from the annual requirement to appropriate increment revenues to the Redevelopment Trust Fund. 12) Request to approve for recording the final plat of "Montalvo". 13) Request to approve for recording the final plat of "Cascada at Fiddler's Creek". 14) Request to approve for recording the final plat of "da Vinci Estates", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 15) Request to approve for recording the final plat of "Naples Gateway Phase Two" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 16) Request to approve for recording the final plat of "Mediterra Parcel 109", and approval of the Standard Form Construction and Maintenance Agree~ent and approval of the amount of the Performance Security. 17) Request to approve for recording the final plat of "Mediterra Parcel 101-A", and approval of the Standard form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 8 October 24, 2000 18) Request to approve for recording the final plat of "Mediterra Parcel 110", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 19) Request from the Civil Air Patrol for payment of building permit fees and impact fees from the General Fund for aT-Hangar to be built at the Marco Island Executive Airport. 20) Ernie Brentzman representing the United Way of Collier County, Inc., requesting a Temporary Use Permit extension from the 28 calendar days, as allowed by the Collier County Land Development Code (LDC), to allow the United Way thermometer signs to remain in place for an additional 67 days until January 15, 2001. 9 October 24, 2000 B. TRANSPORTATION SERVICES 1) Approve the stipulated final judgment as to parcel 108 in the lawsuit entitled Collier County V. Jose L. Rey, ET AL., Case No. 99-3683-CA (Golden Gate Boulevard) 2) Approved Amendment No.2 to the Professional Services Agreement with Agnoli, Barber and Brundage, Inc., for the design of Livingston Road (Golden Gate Parkway to Community School Entrance), Project #60071 and Livingston Road (Community School Entrance to Immokalee Road), Project No. 62071. 3) Recommendation to approve the purchase of a one (1) commercial asphalt paver, in accordance with Bid #00-3151 4) Recommendation to approve the purchase of a one (1) 15 cy dump truck, in accordance with Bid #-00-3149. 5) Recommendation to approve the purchase of a one (1) tandem axle truck-tractor, in accordance with Bid# 00-3147 6) Recommendation to approve the purchase of a one (1) 5 cy dump truck, in accordance with Bid #00-3150 7) Accept a grant of non-exclusive easement and a grant of non-exclusive irrevocable licenses for the installation of directional and or identification signs, landscaping, lighting and maintenance. 8) Approve contract amendment No. 97-2715-A02 with Agnoli, Barber and Brundage, Inc., for the Lei)' area stormwater improvement project - Phase I (Project No. 31101) 9) Approve amendment No. 1 to Livingston Road Construction Engineering Inspection Professional Services Agreement with Kisinger Campo and Associates Corp. (Project No. 60061) (CIE No. 53) C. PUBLIC UTILITIES 1) Approve list of qualified engineering firms for RFP 00-3119, Annual Contract for Utility Engineering Services. 2) Award a Purchase Order to TRISEP Corporation, to furnish and deliver new nanofiltration membrane elements and accessories to the North Count}' Regional Water Treatment Plant, Bid 00-3132, Project 70887. 3) Award a Contract to Florida State Underground, Inc. to construct a 12" water main on East U.S. 41 from Manatee Road to Boyne South and a 6" force main from pump station 3.17 to Boyne South, Bid 00-3145, Projects 70862 and 73061. 4) Approve Consultant Selection for engineering services for the North County Wastewater Reclamation Facility Deep Injection Well, RFP 00-3122, Project 73948. 10 October 24. 2000 5) Amend Work Order HAA-FT -00-02 for engineering services related to noise issues at the North County Regional Water Treatment Plant, Project 70063. D. PUBLIC SERVICES 1) Approve Grant Application for Aaron Lutz Neighborhood Park to Install a Picnic Shelter and Landscaping. 2) Approve Grant Application for Improvements at Airport Park in Immokalee. 3) Award Bid #00-3099 to T-Shirt Express of S.W. Florida Inc. for T-Shirts Used in Athletic and Recreation Programs by the Parks and Recreation Department. 4) Presentation of the FYOO Annual Report of the Collier County Film Commission. 5) Recommendation to Endorse Efforts to Replace Local Matching Fund Requirements for the Healthy Kids Insurance Program with State Funds. E. SUPPORT SERVICES 1) Award Bid No. 00-3142 Grounds Maintenance for Collier County Satellite Facilities. 2) This item has been deleted. 3) Recommendation to approve Employee Referral Bonus Program to reward employees for finding qualified job applicants for County positions. 4) Award Bid #00-3143, "Paint and Related Items" to Sherwin Williams and Scott Paint. 5) "'ward RFP #00-3090 "Indoor Air Quality Services" and authorize staff to negotiate agreements with Pure Air Control Services. 6) Award RFP #00-3109, "Janitorial Services" to United States Services Industries (USSI) and authorize staff to negotiate agreement with selected vendor. 7) Adopt a revised method for funding the acquisition of motor pool replacement vehicles and approve budget amendments associated with implementing the new process. 8) Declare six hundred .nd twenty-seven (627) County-owned computers as surplus and authorize the sale of this surplus property to employees of the Board of County Commissioners pursuant to Florida State Statute 274.06. II October 24. 2000 F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendments #00-515; #01-005. 2) Approval of Contract for Financial Advisory Services. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE I) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS L. COUNTY ATTORNEY 1) Request the Board approve a contract with Gregory Court Reporting Service for court reporting services for Collier County. 2) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The Diaz Family Limited Partnership and Gulf Coast American Blind Corp. 3) Approval of the Stipulated Final Judgment relative to the easement acquisition on Parcels 240 and 240T in the lawsuit entitled Collier County". Robert L. Davis, et af., (Golden Gate Boulevard Pr'lject). 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 12 October 24. 2000 BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REG~STERED TO SPEAK IN OPPOSITION TO THE ITEM. A. Petition No. PUD 2000-07,~Robht Duane of Hole, Montes & Associates, Inc., representing North Naples - Bonita Land' T~st, ~.equesting a rezone fronI "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Two Lakes l'hlZa for a maximum of 144,000 square feet of Commercial Retail and/or a maximum of 288,000 square feet of professional office uses for property located on the east side of U.S. 41 north, one mile north of the Old U.S. 41 intersection, in Section 9, Township 48 South, Range 25 East, Collier County, Florida, consisting of 20.38+/- acres. B. Petition R-2000-02, Douglas Workman requesting a rezone from "MH" Mobile Home to "RSF- 5" residential single~family for property located at the eastern terminus of Van Buren Avenue (Kelly Plaza), in Section 13, Township 50 South, Range 25 East, Collier County, Florida. C. Petition R-00-5, Mr. D. Wayne Arnold of Q. Grady Minor & Associates, representing Jerry F. Nicholes, requesting a rezone from "RM.F-6" and "T" to ""C-4" for property located at 1417 and 1425 Creech Road in Section 22, Township 49 South, Range 25 East, Collier County, Florida. D. Petition V AC 00-010 to vacate the plat of "Fishbranch Little Acres Phase One", as recorded in Plat Book 23, pages 58 through 59, Public Records of Collier County. Located in Section 31, Township 46 South, Range 29 East. 18. ADJOURN INOl'IRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 October 24. 2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING OCTOBER 24. 2000 ADD: ITEM 10lGl - A Resolution of the Board of County Commissioners Opposing a Proposed Constitutional Amendment on a Statewide High Speed (Rail) System. (Commissioner Carter.) ADD: ITEM 11(A11 - Department of Transportation Highway Safety Fund Grant application for a Traffic Safety Grant. (Sheriff Hunter.) CONTINUE: ITEM 12lAl2 To Date Uncertain - Petition CPSS-2000-1, Request for a Small Scale Map amendment to the Golden Gate Area Master Plan Element for Property Located on Randall Boulevard. (Petitioner request.) CONTINUE: ITEM 12lBl1 To November 14 Meetina - Petition PUD-99-20, representing Brynwood Preserve, Inc, requesting a rezone from "A" Agricultural to "PUD" to be known as Brynwood Preserve PUD. (Petitioner request.) CONTINUE: ITEM 12lCl1 To Date Uncertain - Adoption of an ordinance amending Collier County's Noise Control Ordinance. (Requested by Commissioner Carter.) CONTINUE: ITEM 16lAl6 To November 14 Meetina - Authorize staff to approve agreement with Lewis and Associates to provide auditing services of MediaOne and AOLlTime Warner Cable Television Franchise fees. (Staff request.) DELETE: ITEM 16(C11 - APPROVE LIST OF QUALIFIED ENGINEERING FIRMS FOR REP 00-3119, ANNUAL Contract for Utility Engineering Services. (Staff request.) DELETE: ITEM 16lE)6 - Award RFP #00-3109, "Janitorial Services" to United States Services Industries (USSI). (Staff request.) NOTE: Scrivener's error -Item 12(A)1 should appear as follows: 1) Transmittal Public Hearing for the 2000 Growth Management Plan Amendments. PROCLAMATION ~ WHEREAS, the vast majority of youth are con~erned, knowledgeable and responsible citizens; and, WHEREAS, the accomplishments and achievements of these young citizens deserve the recognition and praise of their elders; and, WHEREAS, Optimist International has, since 1954, developed and promoted a program entitled Youth Appreciation Week; and, WHEREAS, the citizens of Naples, Florida have indicated a desire to join the Sunset Optimists in expressing appreciation and approval of the contributions of our youth. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of November 6-12, 2000 be designated as ~ "YOUTH APPRECIATION WEEK IN COLLIER COUNTY" DONE AND ORDERED THIS 24th Day of October, 2000. .BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,JAMES D. CARTER, Ph.D., CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK AGENDA ITEM No. ">'11 OCT 2" 2000 ,.-- Pg. PROCLAMATION WHEREAS, the Board of County Commissioners of Collier County supports housing assista!1c9 to very low, low and moderate income families; and, WHEREAS, the Board of County Commissioners of Collier County works cooperatively with the City of Naples and area organizations to address community wide concerns; and, WHEREAS, the Board of County Commissioners of Collier County has previously participated in PAINT YOUR HEART OUT events with local businesses, civic associations, and youth groups and supports expanding the program to provide assistance to needy, low-income, elderly households throughout Collier County; and, WHEREAS, ,_ NTY COMMISSIONERS COLLIER COUNTY, FLORIDA --- NOW, TH JAMES D. CARTER, Ph.D., CHAiRMAN ATTEST: DWIGHT E. BROCK, CLERK AGENDA ITEM No. oJ /7 ,;;L OCT 2 ~ 2000 r" Pg. I EXECUTIVE SUMMARY BOARD AUTHORIZATION FOR THE COUNTY ATTORNEY TO RETAIN OUTSIDE LEGAL COUNSEL TO FILE A LAWSUIT IN FEDERAL COURT TO CHALLENGE IMPLEMENTATION OF FLORIDA'S COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT OBJECTIVE: To be authorized by the Board to retain outside legal counsel to file a law suit in United States District Court to challenge and attempt to overturn as being unconstitutional, Florida legislation implementing so-called "simplified taxes" on telecommunications services. CONSIDERATIONS: Florida's so-called Communications Services Tax Simplification Act unanimously passed the House and Senate on May 4, 2000, one day before the end of the 2000 Florida Legislative Session, The Act became law as of July I, 2000 without the Governor's signature, Review of the Act by the County Attorney's Office and an opinion from the County's outside special legal counsel with regard to these problematic telecommunications issues, seriously question the constitutionality of the Act based upon impairment of the County's cable television franchise agreement contract rights guaranteed by the Constitution of _ Florida and the Constitution of the United States, as well as apparent Federal preemption regarding cable television franchise fees and other telecommunications matters, There are also issues regarding unlawful delegation of authority, The written opinion from the County's special legal counsel on telecommunications, issued to the County Attorney's Office by attorneys within the Miami Office of the Law Firm of Becker and Poliakoff, P,A., is exempt from public disclosure under Florida's Public Records Law, having been prepared in anticipation of litigation, The Act combines State Sales Tax, State Gross Receipts Tax, Local Option Sales Tax, and Local Franchise Fees on telephone and cable entities by implementing a Telecommunications Flat Tax or so-called "simplified tax" to be administered by the Florida Department of Revenue in Tallahassee, Provisions ofthe "simplified tax" that are seriously problematic to Collier County relate to cable, television franchise fees (5% of the cable company's gross revenues) paid to the County by its cable television franchisees, Time Warner and Media One. Each year the County collects approximately $1.5 Million in cable franchise fees from those cable franchisees. Notwithstanding promises from the Florida Legislature that the Act will be "revenue neutral" vis-a-vis all local govemments, the net revenue dollars that Collier . County may be entitled to receive from its existing cable television franchisees appears to be materially jeopardized, AGENDA ITEM No. !?f'I) I OCT 2 4 2000 PI. / , ,,-. ~ ~ --- . Provisions of the Act that, if implemented as of October 1,2001, will apparently severely negatively impact the amount of franchise fee revenues Collier County will thereafter receive from its cable television providers, . The gross revenues upon which five percent of the franchisee's fees are calculated cannot include revenue generated for Internet services, thereby reducing the amount of franchise fees received by Collier County, This issue also appears to be affected by a Federal judicial decision from the Portland, Oregon, area, Some experts predict that the gross revenues local cable television companies may receive in the future from Internet services could equal or even exceed their current gross revenues, . Federal Law specifies that only a few sources of a cable television franchisee's revenues cannot be included in "gross revenues" with regard to calculating the gross revenues received by the respective Franchisee, The Act purports to take away from Collier County its rights to negotiate which revenue streams are to be included in the respective cable Franchisee's "gross revenues" and, thereby delete some important revenue streams, . Cable franchise fees are not, and never have been, classified in law as "taxes," In accordance with the County's Cable Television Franchise Agreements, every three months such franchise fees are paid directly to Collier County by each of the County's three cable television franchisees, Nevertheless, the Act instructs each of the County's cable television franchisees to cease paying all cable franchise fees to the County, and, instead, send money to Florida's Department of Revenue in Tallahassee, FDOR shall decide how much of those monies will be returned to Collier County, Also, a so-called "administrative fee" will be taken off the top by FDOR, further reducing the County's net franchise fee revenue. . Each cable franchisee is authorized to deduct from the cable franchise fees money for administering the taxes to be sent to Florida's Department of Revenue, further reducing the franchise fees that are to be received by the County. . Other (confusing and ambiguous) provisions in the Act appear to place mandatory annual ceilings on the total amount of franchise fees that Collier County can charge each of its cable television franchisees, No such ceilings were agreed to by Collier County, The ceilings appear to severely reduce the annual amount of franchise fees that Collier County will be able to collect from each Franchisee. It is unclear (and it appears doubtful) whether those ceilings can be circumvented by operation oflocal taxing ordinances that are authorized by the Act. . All money the County eventually recovers from Florida Department of Revenue will be delayed, Currently, the County receives its cable franchise fees every three months, paid to the County directly from each cable television Franchisee, ~" ITEM No. 8tA) I OCT 2 4 2000 PI. ~ - . In order to be recover lost portions of the cable franchise fees, the County wilJ be required to impose, by ordinance, a local tax on the cable Franchisees, Even if the County imposes such local taxes, the franchise fee revenues do not appear to be completely recoverable because of other limitations in the Act. . Rights-of-way construction permit fees colJected by Community Development & Environmental Services Division are to be off-set by a deduction from the cable franchise fees paid by each of the Franchisees, thereby further reducing the County's revenue stream from these franchise fees, . Collier County will no longer have authority to audit any cable Franchisee's accounting records to ascertain whether the Franchisee has correctly accounted for alJ of the relevant "gross revenues," Earlier this year, a staff audit netted the County an approximately $50,000 in franchise fee underpayments because the Franchisee had under-accounted to the County for its relevant "gross revenues," . In addition to impacting revenue, the legislation severely limits local governments' control and management of the pubic road rights-of-way and impedes many provisions of existing cable franchise agreements and related ordinances. ~ This Act provides no advantage to Collier County vis-it-vis cable television franchise fees. In an effort to preserve ColJier County's constitutional rights, plus rights under Federal Statutes, contract rights, property rights, and the current franchise fee revenue streams, Staff recommends that the Board authorize the County Attorney, in coordination with the County's Utility and Franchise Regulation Department, to retain outside legal counsel to file a lawsuit in Federal Court, possibly including (I) to obtain a preliminary injunction or other form of "stay" to prevent implementation of the Act, at least with regard to cable television franchise fees under existing Cable Television Franchise Agreements, (2) to challenge the constitutionality of the Act with regard to franchise fees, and (3) to chalJenge whether provisions of the Act intrude into the exclusive jurisdiction of the U.S, Government, including whether the Act can lawfulJy mandate what items ColJier County can negotiate with its cable television franchisees regarding which revenue streams are to be included within the respective cable television provider's "gross revenues" beyond the limitations expressly provided for in the applicable Federal Statutes, r- Several Florida cities and counties are in touch with ColJier County with regard to these issues and the possibility of this lawsuit. One, two, or more Florida local governments may elect to join with Collier County as co-parties to the lawsuit. ColJier County wilJ work with alJ such other potential co-parties, including the possibility of sharing expenses. The City of St. Petersburg is planning to very soon file its own lawsuit regarding these and possibly many other, similar issues. . ColJier County may possibly join the City of St. Petersburg as a co-plaintiff in its planned lawsuit. Many decisions must be made upon further analysis, "GEND" ITEM No. ~~)/ Gel 2 4 2000 pt. , ? FISCAL IMPACT: Legal fees and costs to complete this lawsuit are difficult to predict Depending on many unknowns, and not knowing to what extent other local governments may share in such fees and costs, it appears possible that Collier County's expenses could be less than $20,000 or more than $100,000, If this request is approved, a budget amendment will be submitted to fund legal expenses from General Fund 111 Reserves, GROWTH MANAGEMENT IMPACT: There are no clear, apparent impacts regarding growth management RECOMMENDATION: That the Board authorize the County Attorney, in cooperation with the Utility and Franchise Regulation Department, to retain outside special legal counsel to file a lawsuit in Federal Court to, among other things, challenge whether Florida's new, so-called "Communications Services Tax Simplification Act" unconstitutionally impairs valuable contract rights contained in the County's existing cable television franchise agreements, whether the Act intrudes into many matters that may be within the exclusive jurisdiction of the U.S, Government, and whether the Act unlawfully delegates authou~~ PREPARED BY: ~~ DATE: /D-lc)-c~O D. E. "BLEU" WALLACE, DIRECTOR UTILITY & FRANCHISE REGULATION ,- -- I '1 . REVIEWED BY: I ()~ \r'c .lA\d_ THOMAS C. PALMER ASSISTANT COUNTY ATTORNEY DATE: If - /I' - ,::?) "'-', / I, _ ;' ~ / APPROVED BY:J~M. D~GC~: fl;, ~ERIM ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: /{ i/' , AGENDA ITEM No- 8"lh/ OCT 2 4 2000 PI. 7" .'-' '. EXECUTIVE SUMMARY DISCUSSION OF IMPLEMENTATION OF A HEARING EXAMINER PROGRAM FOR QUASI-JUDICIAL LAND USE HEARINGS. OBJECTIVE: The objective of this executive summary is to have the Board of County Commissioners consider the implementation of a hearing examiner program for quasi- judicial land use hearings. A hearing examiner process, if implemented, wi1\ result in greater opportunities for the Board and various advisory committees, particularly the Co1\ier County Planning Commission (CCPC) and the Environmental Advisory Council (EAC) to devote more time to policy matters as they relate to growth management, land use, development standards and environmental protection measures. Additiona1\y, as recommended, the program wi1\ require the development of better-defined procedures dealing with ex-parte communication, _. CONSIDERATIONS: Staff is providing a rationale for utilizing a hearing examiner in Collier County for quasi-judicial land use petitions requests under the current regulatory framework. An analysis of the pros and cons of, and fiscal impacts associated with, establishing a hearing examiner program for quasi-judicial land is offered in order to facilitate a policy discussion by the Board. Pros & Cons of Hearing Officer Program in Collier County (versus the Status Quo) Pros: : I) Utilization of a hearing officer program will allow additional time for BCC focus and deliberation on important management level policy making issues. Many land use petitions, even relalively minor requests, such as some variances, require significant time commitments on the part of the Board, both collectively in a pubic hearing setting, and individually in meeting with applicants and concerned constituents. As is the case in Lee County, with the hearing officer program, the Board still has the opportunity to consider the more wide ranging zoning cases while functioning more as an appellate body. As such, the BCC renders a decision "on appeal" that is based strictly on the record presented by all interested parties at the hearing examiner hearing level. Participation in the "appeal process" is limited to parties of record and their representatives presenting their most compe1\ing arguments as supports:d by the evidence they have entered into the record. ' 2) As an "appellate body," the Board can prohibit ex-parte communications by the participants because the "appellate decision" will be made in;;3 public hearing and based strictly on the record established at the hearing examiner"Ievel. By prohibiting (or strictly regulating) ex-parte communications, a level playing field is ensured for all participants in the application review and hearing process. In order to avoid the' coneel,'Iisofmatters'notJreing presehtea ih public view for all' partic'ipantS'to' corrtrnerti ' - - -" -. on, ex-pacte commimications with the hearing examiner should also ,be prohibited. _ .,' An explicit ratioJlale' for precluding ex-parte 'communications .in Lee County is set AGENOA ITEM No. 9:(1)cR OCT ~.4 2000 p., j -:.- ,..- - forth in the attached (Exhibit "C) June 9th memorandum from Attorney Jones to the Lee BCC. 3) The time between submission of an application and receipt of a final decision can be expedited with the hearing examiner process because scheduling of multiple advisory board hearings and advertising for such hearings will no longer be necessary. Note: The fact that these advisory boards will no longer review quasi-judicial petitions or make recommendations to the Board on such matters should not be construed as lessening the value or importance of such advisory bodies. In fact, the EAC and the CCPC could, under a hearing examiner program, utilize the newfound time to focus on making recommendations to the Board on important policy issues as they relate to natural resource protection and growth management issues, 4) Implementing a hearing officer program reduces the likelihood of successful challenges to local land use decisions. This occurs because of a more consistent application of existing regulations through a standard hearing process that results in the development of a detailed factual record that supports those conclusions with expressly stated findings leading to a written recommendation, Cons: I) There may be a perception on the part of applicants and constituents that elected officials are not as accessible if pre-hearing, ex-parte communication is prohibited, To address this concern, an alternative could be to require complete and specific disclosure of any pre-hearing ex-parte communication with an elected official through a more formalized process wherein the names, contact information, and the exact nature of the ex-parte communication with elected officials is tracked and disclosed at the public hearing, [While this disclosure of pre-hearing contacts is currently required by County law, a more formalized process should be implemented to avoid the appearance of or potential for prejudice,] FISCAL IMP ACT: Total annual operating costs are predicted to be approximately $212,000. One time start up costs are predicted to be approximately $42,000,00. Appropriations for rent will be necessary, at least on a temporary basis until the anticipated addition to the Development Services Center is completed in 2002. GROWTH MANAGEMENT IMPACT: The utilization ofa hearing officer for quasi- judicial hearings (and other fact driven determinations) is fully consistent with Florida's Growth Management Act. Where the Collier County Growth Management Plan, as well as the Collier County Land Development Code, make reference to powers and duties of various advisory boards (particularly' the EAC and the CCPC) and to the powers and duties of the BZA, it will be necessary to amend those references and to provide for the establishment, powers, and duties of the hearing examiner. ,,-- RECOMMENDATION: Staffrecomme~ds the Board endorse the establishment or a Hearing Examiner Program for quasi-judicial land use hearings. ,It IS further -: AGENDA ITEM No.~ OCT 2 4 2000 2 Pi. ~ . .. recommended that staff (County Attorney and Community Development & Environmental Services) be directed to: 1. Draft necessary amendments to the Collier County Special Act and to coordinate with Collier County Legislative Delegation to initiate legislative action to amend that Act as necessary to provide for implementation of the hearing examiner process; 2, Prepare an ordinance creating the Collier County Hearing Examiner Program, to be timed as necessary with amendments to the Special Act, the Collier County Growth Management Plan and Land Development Code; 3. Include within the enabling hearing examiner ordinance, a prohibition on ex-parte communication for quasi-judicial hearing matters with the hearing examiner; 4, Include within the enabling hearing examiner ordinance, a 'prohibition on ex-parte communication for quasi-judicial hearing matters with the Board (or establish a more standardized process for detailed disclosure of pre-hearing ex-parte communication with the Board); 5. Establish the Board of Zoning Appeals (or the Board of County Commissioners) as the final approval authority for all rezoning requests (including POD rezones) and all conditional uses, with an initial recommendation being prepared by the hearing exammer; 6, Establish the Hearing Examiner as the final authority on all other less broad-reaching quasi-judicial land use petitions, such as variances, with appeals from those decisions going either directly to the circuit court, or the BZA; 7, Review & revise the roles of the EAC and CCPC, specifically expanding their respective roles to pro actively review and advise the BCC on legislative & policy matters related to natural resource protection policies and growth management goals, polices, and objectives, and land development regulations. 8. Target the implementation of the Hearing Examiner Program for June 2001. PREPARED BY /'/J-v-" ~ Date: /'6 /10/"'" Roliert J. Mulhere, AICP Planning Services Director REVIEWED BY~ ~ Date: J6fiOI-{ft - Patrick G~~ite, Assistant County Attorney REVIEWED BY: Date: David C. Weigel, Coimty Attorney APPROVED BY: - - , J ~ ('Y.,,(..<~ Da!e: Ill--II-", 0 M. bunmick, Interim Adtninistrator . , . Community Development & Environmental Services '=- . .' . ;. . '.. . AGENDA nEW No- 8~)d, OCT 2 4 2000 3 Pi. J Utilization of a Hearin2 Examiner Prol!ram for Quasi-Judicial Land Use Hearinl!s. Detailed back-up Report to BCC: Historical Perspective Hearing examiners have long been used to implement many federal administrative processes. As the federal and state administrative functions developed, the use of hearing examiners evolved as an efficient, expeditious process for performing several functions. These functions include holding fair and impartial fact finding hearings, preparing intelligible reports or recommendations, and writing legally binding orders, all of which are solely based upon evidence produced during, or submitted as part of, the particular administrative hearing. A. Daniel Lauber states, "the hearing examiner makes initial findings of fact based upon the evidence and ensures the orderly, clear developmenl of the case both during the hearing and in the initial or recommended decision...." I For a number of years, Florida's local govemments have relied on hearing examiners or special masters to make recommendations, or to rule, on selected local land use matters and code enforcement cases. In 1993, however, the Florida Supreme Court decided a case which recognized that certain local government land use cases were more quasi-judicial than legislative in nature.2 This case, and subsequent lower court opinions, have caused local governments to reconsider the process by which land use decisions are approved. In Snyder. the Supreme Court of Florida held that local comprehensive plans provide courts with a meaningful standard of review for land use decision-making. As one commentator put it, the court "acknowledged that historically local governments have enjoyed broad discretion over zoning decisions because they were considered legislative actions..., The advent of [statewide] comprehensive plans, the court opined, changed that." 3 The court held that as a result of comprehensive plans providing a policy-level framework for reviewing specific parcel rezoning requests, zoning decisions were more quasi-judicial than traditional legislative policy-making, As stated by the Florida Supreme Court, a legislative action "results in the formulation of a general rule of policy, whereas judicial action results in application of a general rule of / , :,.-......'.. .. I Lauber, Daniel (1975, September), The Hearing Examiner in Zoning Administration. Planning Advisory Service, Report # 312. 2 Board of County Commissioners of Brevard County v. Snyder, 627 So, 2d 469 (Fla. 1993).. . ,.. 3 Dl!wson, Mary (1996) The Best Laid Plans: The Rise and Fall of Growth Ma~:gement in Fl~iid~, j ou~~l of LandUse&E~vironmeniar L~;. '," ASEII.OA ITEM . No. ~($ ,;>, OCT 2 4 2000 1 PI. 1/ policy,'04 Under the Florida Supreme Court's ruling, it is "the character of the hearing that determines whether or not board action is legislative or quasi -judicial. ,,5 Quoting the lower court, the Florida Supreme Court reaffirmed the distinction ofJegislative vs. quasi- judicial as it relates to local land use determinations: [I]t is evident that comprehensive rezonings affecting a large portion of the public are legislative in nature, However, ... '[r]ezoning actions which have an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decisions can be functionally viewed as policy application, rather than policy setting, are in the nature of ." quasi-judicial action'.... 6 Thus, prior to Snyder, a local government's land use decisions enjoyed a "legislative" presumption of correctness when challenged, Snyder now requires "strict scrutiny for quasi-judicial decisions and reallocates the burden of proof used by lower courts in evaluating cases. The Snyder ruling lays out two basic concepts: first, that a property owner's right to own and use his property is constitutionally protected; and second, the local government is bound to strictly comply with the adopted comprehensive plan," 7 Under Snyder, the government must "demonstrate that maintaining the existing zoning classification[ denying the requested rezone] accomplishes a legitimate public purpose ." [and that] the refusal to rezone the property is not arbitrary, discriminatory, or unreasonable."s Most significantly, the local government's decision, whether to approve, but especially in order to denv a request, must be supported by substantial competent evidence. In plain terms this means that, once an applicant has demonstrated that a request for approval of a land use petition, such as a rezoning action, is consistent with the Comprehensive Plan, then the burden shifts to the local government to demonstrate, through substantial competent evidence, that the proposal is, in specific ways, not consistent with the adopted plan in order to deny the applicant's request. Local Government Strategies for Dealing with Quasi-judicial Hearings Following Snyder, local governments have been compeIled to deal with significant procedural challenges wrought by such hearings being considered quasi-judicial in character. A case in point is the adoption by the BCC of detailed rules and procedures for quasi-judicial hearings (attached as Exhibit "A"). These procedures are intended to ensure f , 4 Snyder, 627 So. 2d at 474 (emphasis in original). 5 Snyder, 627 So. 2d at 474. 6 Snyder, 627 So. 2d at 474 (quoting from the lower court, 595 So.2d 65, 78 ). 7 Dawson, Mary (1996) The Best Laid Plans; .'fb.l: Rise and Fa)! of Growth . . ..- . M~~g~ment in Florid~. Journ~I'ofLand Use & Environmental Law. .... 8'" Snyder, 627 S6-. 2d at 476. .'. , AGENDA ITEM No.~ ... ~ OCT 2 4 2000 2-, Pt. ~ that the Board's decisions in quasi-judicial land use hearings will not be overturned by the courts for failure to provide adequate procedural due process. The County's current procedural requirements apply to such matters as: pre-hearing submittals; staff/agency recommendations; written presentations; public hearing guidelines; time limitation guidelines; expert witness testimony; proponents or opponent testimony; order and subject of appearance; sworn testimony; maintaining the public record; restrictions on testimony or presentation of evidence; and custodial responsibilities for records. < The current structure for review of quasi-judicial land use matters requires a public hearing before, and recommendation by, various advisory boards. In particular, the EAC and CCPC render recommendations with the final decision being rendered by the BCC sitting as the Board of Zoning Appeals (BZA). Current problems/difficulties with this process are: I) It does not easily facilitate adherence to the County's procedural rules and guidelines for quasi-judicial hearings; 2) It does not easily replicate the quasi-judicial process by which a sustainable record is consistently produced; and 3) In the case of quasi-judicial matters, these rules and procedures should be applied in any advisory board hearing wherein a recommendation on a quasi- judicial matter is rendered by the advisory body to the Board; i.e., a written recommendation with appropriate references to the record presented at the public hearing should be available for the BCC to consider in making its final decision. Other counties and municipalities have chosen to implement local administrative hearing processes where quasi-judicial land use petitions are heard by a hearing examiner who renders written findings of fact and conclusions of law. Fully one-half of the 22 counties in, the State with populations exceeding 200,000 have implemented a hearing examiner process to review quasi-judicial land use petitions. A number of those counties are utilizing a hearing examiner to also review code enforcement cases and appeals of administrative decisions and approvals, Interestingly, in 1989 (pre-Snyder), Lee County initiated a hearing examiner program modeled after those then being used in the Northwestern United States. . .- Attached (Exhibit "Boo) to this executive summary is a report (without referenced appendices) prepared by Lee County Assistant County Attorney Timothy Jones. The report summarizes the procedures in place in Lee County prior to 1989, and the impetus for the adoption of a hearing examiner program. The report further highlights the goals, basic elements, significant features, practical problems, and ethical issues that are characteristics of the Lee County Hearing examiner program. The Lee County information is provided merely to illustrate a long-standing and functioning program that is ~urrent1y in place and which can be used for comparison purposes. . ' . .' '10, . " Many of the same reasons for considering adoption of a hearing examiner process exist todllY in 'Collier County. A\!hough Lee. County's process is a.llseful"model, , , Na //(!1~ OCT 32 4 2000 Pg. 10 County desired to implement a hearing examiner program for considering quasi-judicial land use petitions (or for any other appropriate determinations), the program would need to be tailored to meet Collier County's specific needs. Pros & Cons of Hearing Examiner Program in Collier County (vs. the Status Quo) Pros: 1) Utilization of a hearing program will allow additional time for BCC focus and deliberation on important management level policy making issues. Many land use petitions, even relatively minor requests, such as some variances, require significant time commitments on the part of the Board, both collectively in a pubic hearing setting, and individually in meeting with applicants and concerned constituents. As is the case in Lee County, with-the hearing examiner program, the Board still has the opportunity to consider the more wide ranging zoning cases while functioning more as an appellate body, As such, the BCC renders a decision "on appeal" that is based strictly on the record presented by all interested parties at the hearing examiner hearing level. Participation in the "appeal process" is limited to participants of record or their representatives. All present who appear to offer their most compelling arguments as supported by the relevant evidence they have entered into therecord. 2) As an "appellate body," the Board can prohibit ex-parte communications by the participants because the "appellate decision" will be made in a public hearing and based strictly on the record established at the hearing examiner level. By prohibiting (or strictly regulating) ex-parte communications, a level playing field is ensured for all participants in the application review and hearing process, In order to avoid the concerns of matters not being presented in public view for all participants to comment on, ex-parte communications with the hearing examiner should also be prohibited. An explicit rationale for precluding ex-parte communications in Lee County is set forth in the attached (Exhibit "C) June 9th memorandum from Attorney Jones to the Lee County BCe. 3) The time between submission of an application and rendering of a final decision can be expedited with the hearing examiner process because scheduling of multiple advisory board hearings and advertising for such hearings will no longer be necessary. Note: The fact that these advisory boards will no longer review quasi- judicial petitions or make recommendations to the Board on such matters should not be construed as lessening the value or importance of such advisory bodies. In fact, the EAC and the CCPC could, under a hearing examiner program, utilize the newfound time to focus on making recommendations to the Board on important policy issues as they relate to natural resource protection and growth management issues. 4) Implementing a hearing officer program reduces the likelihood of successful challenges to local land use decisions, This occurs because of a more consistent application of existing regulations through a standard hearing process that results in the development of a detailed factual record that supports those conclusions with - expressly stated findings leacling to a written-recommendation. _0 .' . . ", ., . 'io-',' ~ ~ < . '..... "t" '. . A ITEM No. ~) c~ oq 2 4 2000 Pi. ~ .- 1) There may be a perception on the part of applicants or constituents that elected officials are not as accessible if pre-hearing, ex-parte communication is prohibited. To address this concern, an alternative could be to require complete and specific disclosure of a4y pre-hearing ex-parte communication with an elected official through a more formaljlzed process wherein the names, contact information, and the exact nature of the e~parte communication with elected officials is tracked and disclosed at the public hearihg. While this disclosure of pre-hearing contacts is currently required by County la~, a more formalized process should be implemented to avoid the appearance of, or potential for, prejudice or bias. Other Uses For A Hearing Examiner Process Code Enforcement: The Hearing Examiner program may be further expanded to function as an alternative to the hearings before the Code Enforcement Board. Many local governments utilize a hearing officer or a special master in this role to expedite processing of these cases. This executive summary does not address this role of a hearing examiner in this capacity, nor does it provide an estimate of the fiscal impacts associated with that role. Lee County has successfully implemented such a process for over a decade. Additionally, a hearing examiner process may be used for other types of exceptions or deviations from the Land Development Code or from other free standing ordinances where a finding of fact is required to determine that the request meets established criteria for approval of such exceptions. One practical example is for processing requests for an alternative impact fee calculation methodology. Implications of the Special Act for Collier County (67-1246) An initial review of Chapter 67-1246, Laws of Florida (House Bill 3022), known as the "Special Act" for Collier County indicates that an amendment to said Act may be necessary, Certain duties and responsibilities prescribed to the Planning Commission and the Board of Zoning Appeals likely would have to be repealed. Also, authority for a hearing examiner program would have to be provided. FISCAL IMPACT: If limited to the role of hearing quasi-judicial land use hearings and reviewing applications,"staff estimates the fiscal impact for start up and ongoing personnel and operating costs of a hearing examiner program as follows: - - . ).~p No. ~}~ OCT 2 4 2000 5 !'g. R' ,.- , Item Hearing Officer (Licensed Attorney) Administrative Assistant Secretary Furniture Vehicle Computers Rent/office space Office move/set up Office Supplies Travel Continuing Ed,lProfessional Development Printing, Binding, Copying Lease Copier Other Contractual Services Memberships Quantity (I) (I) (I) (3) (I) (3) 1000 sq, ft, Total One Time Cost (Capital) $9,000,00 $16,000,00 ~ ~ $2,000,00 ',"f ~ Personnel Costs (Salary & Benefits) $108,000.00 Annual Operating Costs . Total $108,000,00 $43,200.00 $32,400,00 $9,000,00 $16,800,00 $6,500,00 $15,000,00 $9,000,00 $4,000,00 $1,500,00 $1,500,00 $1,200,00 $3,000,00 $2,000,00 $1000.00 $254,100,00 Total annual operating costs are predicted to be approximately $212,000. One time start up costs are predicted to be approximately $42,000.00. Appropriations for rent will be necessary, at least on a temporary basis until the anticipated addition to the Development Services Center is completed in 2002. - $43, 200,00 $32,400,00 ~ ~ ~ $2,000,00 $1,500,00 $1,500.00 $1,200,00 $3,000,00 $2,000,00 $1000,00 $183,600,00 $28,500.00 The above numbers do not reflect costs for petition advertising or court recording fees, as these fees are currently paid for through the Planning Services budget and no new costs are anticipated for these functions as a result of implementation of a hearing examiner program. While the Lee County Hearing Examiner Program is funded entirely through ad valorem tax revenue, to the extent that a hearing examiner is responsible for rendering findings on land use petitions and any other matters, the revenue to cover the anticipated costs of the program may be generated in all or in part through land use and other application fees (113-revenue fund). Prepared by: Robert J. Mulhere, AICP, Planning Services Director , -"'_._-"-'-~'-'~--'--'-----""-" '~~-..'. . -'~':';;;l: 'S . , AGENDA 11'[' No. xfttJ C OCT 2 4 2000 6 pt. q . , I RESOLUTION 98- 1 67 . A RESOLUTION ESTABLISHING PROCEDURES FOR PRESENTATIONS AND PUBLIC COMMENT BEFORE TIlE BOARD OF COUNTY COMMISSIONERS AND TIlE COLLIER COUNTY PLANNING COMMISSION, WHEREAS, the Collier County Board of Commissioners (Board), as the duly elected governing body for Collier County, holdS regularly scheduled public hearings to discuss, review and act upon items of concem to and affecting the residents of Collier County; and WHEREAS, the Collier County Planning Commission (CCPe), serving as the local planning agency and the land development regulation commission as requiml by F.S. ~~ 163.3174 and ]63.3194, holds regularly scheduled public hearings to discuss, review. act upon ~d make recommendations to the Board relative to items of concern to . and affecting the residents of Collier Coun~; and WHEREAS, included in these items may be advertised public hearings of a quasi- judicial or legislative nature; and WHEREAS, the public may wish to comment on these items scheduled for consideration before the Board or the CCPC; and ; WHEREAS, in order to maintain, equity, decorum and order at these regularly scheduled public hearings, it is necessary to establish standard procedures for presentations and public comment before the Board and the CCPC; and WHEREAS, the Board has prepared these roles in an attempt to encourage public participation during advertised public hearings, including quasi-judicial hearings, in a manner consistent with the requirements oflaw. NOW, TIlEREFORE BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ! I C~~ . The 13Qard of County Coinii!issioneJ'S ciei:iarCi tbat' the procedureir set 'fora., . ..' ~h~ h~, and inco~ by reference h.9F.'u El\hibit A, app . ~~ " h i'l(I",I.",\- A OCT 2 4 2000 Pg. /!J . . . - . Board and the Collier County Planning Commission as stated in said Exhibit, are fair and ~ reasonable, and are hereby adopted. ) BE IT FURTIIER RESOLVED that this Resolution relating to procedures for Board and CCPC presentations and public comment be reconled in the minutes of this Board. This Resolution adopted after motion, second and majority vote favoring same. Donethis /1' day of )>~7 ,.1998. ATJ'EST ,,' "..Dwight E. Brock, Clerk ,,' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -. . .: ~, . '/.'......:. ~~R...,. ~t-"_~~~k .~ . . . , Barbara B. Berry, Chainnan . -~. ~ ;'1.. : . >.;,.,. .)-,< .......... ,",'",\"',: , .' 'Approved as to form and legal sufficiencYi ; ) ! ..'"':'-"-7~ -~~..,- . ~ .::!.r: ~';"....... :..~::-~;:~:;~ AGENOAITEM No. $(IJ),~ OCT 2 4 2000 PI. 1/ " . ~. . f I \ . ....h ... ~ ..' .. '": L 'tAIl zl<'Cllb,+ z . . .-- Exhibit "A" Procedures for Presentations before the Collier County Board of Commissioners and as Applicable to the Collier County Plan nine Commission A. Public Comment on General Tonics: Members of the public may register to speak on general topics under the Public Comment portion of the Board of County Commissioner's (Board) agenda. The number of speakers permitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers: I. Speaker Registration: Individuals wishing to speak to the Board under public comment at any regularly scheduled meeting of the Board of County Commissioners shall register to speak in writing on the form provided by the County prior to the public comment portion of the agenda being called by the Chairman. II. Time Limits: a) Public Comment: 1. Maximum 5 minutes per speakl1' B. Public Petitions: Public Petitions are limited to a single speaker. In general, the Board will not take action on public petition items on the day the petition is presented, but may direct staff to take action, or bring back the item to the Board at a future date for consideration. The County Administrator may defer scheduling a public petition for a reasonable period of time in order to allow sufficient time for staff to review the content and thus prepare for questions from the Board. I. Registration: Individuals wishing to make a public petition to the Board of County Commissioners shall present such a request in writing to the County Administrator a minimum of 13 days prior to the Board meeting date on which the public petition is requested to be heard. The written request shall include the name(s) and address(es) of all petitioners, including a primary contact name, address and telephone number, and shall state the nature of the petition, including any exhibits and/or back up material which may be pertinent to the petition. n. Time Limits: Maximum 10 minutes per speaker. C. Advertised Public Hearings: For procedural purposes, advertised public hearings fall into two categories: those which are quasi-judicial in nature; and other types of advertised public hearings, including those which are legislative in nature. , , .,' '. , ' '..' '\0.' " I. Ouasi-Judicial Public Hearinl!s: :.. '1.-=. . . " .!" ....GENO,(ITEM No. r:I(1) d, OCT 2 ~ 2000 !'g. /4- <()c\o\\ bltllA I, 1 . :r~c'-,- ,c_ . 1"'-'(' -."(;' .~ C b) ',' 1 a) Pumose and Intent: The..Board has prepared these rules in an attempt to encourage public participation during quasi-judicial hearings in a manner consistent with the requirements of law. As part of that effort and within the confines of the law, the Board intends its hearings to be informal while recognizing the need for certain structure to maintain orderly hearings. Notwithstanding the procedures established by resolution, the Board may modify these procedures to effectuate the effective presentation of evidence. Aoolicability of these Procedures: (I) Ouasi-Judicial Proceedinlls. These procedures apply to all quasi-judicial proceedings heard by the Board and the CCPC regardless of the capacity in which the Board is sitting. Quasi-Judicial actions concern the implementation of policy, which has already been set, and affording the Board, and in some instances the CCPC, limited discretion in deciding whether to approve or deny a land use pennit. These include land use actions which have an impact on a limited number of persons or property owners on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing. Examples of quasi-judicial proceedings include but are not limited to: site specific rezonings (provided they involve policy implementation); development of regional impact hearings; conditional use permits; variances; boat dock extension petitions; and administrative appeals. J Lel!islative Proceedinl!s. Utilization of these procedures by the Board or the CCPC when sitting in a legislative capacity does not change the character of the legislative proceeding nor does it confer any additional rights or remedies upon any person or party. I / (2) C) Pre-Hearinl! Submittals: (I) Aoolication. An applicant (as defined in the Collier COWlty Land Development Code) shall make application as provided in the procedures established for the individual decision being requested. (2) Staff! Al!encv Recommendation. To the extent that the applicable procedure requires a staff review and written recommendation to be presented to the Board, such written recommendation shall be completed and available for public inspection no later than ten calendar day."nor to the hearing before the Board. --; (3) Written Presentation. No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opJl6l'Ient may sub.~t any written arguments, evidence, e~planations, ~gi~rts, petItIons or other documentatIon to staff for mtended conslderatiOiiDY the ~~fu~~f {~u?,,~;~ ':r ~t~~~~: :k:~:~ti::~~, evidence, explanation,s, studies, reports, petitions Qr oth~ Iftust be submitti:d'to the:' appropriate staff no later ... rr. +,... fhr ~rhf"rllllF'r' l,,.:,,..;rr "",.f('....'" fl." .......r-....,..+;"" "'1"1,-1". ^ .B(1) 0( OCT 2 4 2000 pc. J.J ~".t.,L b.+-'ii ~ ,__,; ...~,_;,::,- f_'" 2 . . .-- , , " .. - - submissions, not including pictorial displays (maps, gl'lIphs and the like) must be on 8-1/2 x II-inch paper. No written materials will be accepted by the Board at its hearing Wlless, at the Board's dlscrenon, acceptance IS necessary to decIde the Issue. Written comments submItted shall be considered and entered into the record of the meeting in accordance with subsection C. I. d)(4) below. d) Public Hearinl!s before the Board or the CCPC: (1) General. It is the expectation that the hearing will be informal. All members of the public who address the Board or the CCPC shall utilize the speaker's podium to allow their comments to be recorded. Each speaker shall state his or her name and address for the record. Additionally, speakers shall indicate whether they are speaking on behalf of themselves or others. (a) Time Limitation Guidelines. It is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons of the following status will prepare their discussions and comments to be completed within the prescribed time limits: X 1. Staff shall be responsible for presenting the case on behalf of Co1\ier ~oWlty and shall limit their presentations to twentf (20) minutes. " 2. The applicant shall present his or her entire case in twenty (20) minutes. .( 3. Expert witnesses shall be limited to ten (10) minutes each. X 4. Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organization or group waive their time. .( 5. All other persons may speak for a maximum of five (5) minutes each. 6. 'No speaker may give his or her time to any other speaker. At the discretion of the Chairman. the time .11n'''ed for any speaker may be extended. ,Relristration of Soeakl:rs. Persons who desim to speak on '8I1 item . shall, prior to the 'item being called to be heard by the Chairman, ,rej:ister with, the' COWlty AdministratQr lJ!,I the forms provided. . Five (5) or more persons deemed by the Board to be . A ITEM ...c.1, .- r" .-..;" -"...,,--" -'- M ,'r;..' r '"rNo. 'lirA) 0< {)( ltd.,. '\" OCT 2 4 2000 3 pt. /II . (b) '1 . . - - . ,r- ,. I , , proponents or opponents on any item may be requested to select a o--~-Sp6kesperson. .. - (2)" Order and S-6biect of Aooearance: To the extent possible, the following '~. shall1;>i: the order of the proceeding: i (a) Preliminary Statement. The Chairman shall read a preliminary i;~lement once at the beginning of the quasi-judicial hearing pOTtion of the agenda outlining the procedure, which shall be followed. x (b) Sworn Testimonv. The applicant, staff, and all witnesses requesting to speak shall be collectively sworn. '0).. I (d) AlITeement with Staffs Recommendation. If the applicant or agent of the applicant agrees with staffs recommendation and Wishes to waive his or her right to present additional evidence, and if no commissioner or anyone from the audience wishes to - s'peak for or against the quasi-judicial agenda item, the Board may vote on the item based upon staffs presentation and the materials ..),n'the agenda back-up. 'Initial Presentation bv Staff. County staff shall make the initial .' "presentation to the Board regarding any item under consideration. .. After completion of the staff presentation, the Board may make .. "inquiries of staff at this time. . An applicant or appellant may ask . ,questions of, or seek clarification from, staff by request through "llieChairman at the time that party makes its initial presentation to the Board. y (e) -,-1 Applicant's Presentation. After staff presentation, the applicant(s) shall be allowed to make a presentation to the Board based on the . time limitation guidelines outlined in the preceding subsection (d) (1) (a), above. During and after the applicants' presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from the applicant. The Board may also allow staff to comment, ask questions or seek clarification from the applicant(s) at this time. '/. (f) Soeakers. -After Board and staff inquiry of the applicant, speakers shall be allowed to speak based on the time limitation guidelines outlined in the preceding subsection (d) (I) (a), above. During and after a speaker's presentation, the Board shall have an opportunity " . to comment or ask questions of or seek clarification from such _SW~aker. , The . .Board may also allow staff to comment, ask f -, q~~stionsof or seek clarification from speakers. c- . ".- ~ x' (g) 'Staff Resoonse and Summary. The staff shall be allowed an opportUnity for. response to the. pre.sentapoi1s by the applicant, proponents aild 'opponents and a sumirwY with' any . . position after consirlf'l'lltion of rel~vant n"hlic comment. op~~ ~ l No. If'f!)cx i'C, ,'. "A" . OCT 1\ 1IllJ Pa. ;,5 . . . , , , r-- " ~ , .~ . - and opponents who believe that the staff response includes errors of fact or law may ask for and may be aIlowed an opportunity to point out such errors off act or law. (h) Aoolicant's Rebuttal Presentation. 1. Applicant's rebuttal shaIl be aIlowed only on items where there is an applicant other than the Board or Board staff. After staff response, the applicant shall be aIlowed an opportunity for rebuttal. Rebuttal shaIl be limited to five (5) minutes unless otherwise set by the Board. Rebuttal shall only address previous comments. 2. Staff, who believe that the rebuttal presentation includes an error of fact or law, may ask for and may be allowed an opportunity to point out such error of fact or law. ~ (i) Board and Staff Inouirv. After all presentations have been made as outlined above, the Board shaIl have a final opportunity to comment or ask questions. The Board may allow staff to respond to comments previously made at this time. (j) Limit on Presentations. No person who has made a presentation for or against an item at a given meeting shaIl be allowed to make additional comments, unless requested to do so by the Board. (Ie) Closinl! of Public Comment. In those matters on which public comment is heard by the Board, the Chairman shall close the public comment portion of the meeting (on that item) upon the conclusion of the last speaker's comments or, in the Board's discretion, if no new relevant information is being presented. No additional public comments shall be allowed, except in specific response to questions by members of the Board. (3) Miscellaneous Items: (a) Continuinl! Record ISoeakers Oualifications. The Clerk to the Board ("Clerk") shall maintain a file with the most recent copies of resumes previously filed with the Clerk by county staff presenters. All other persons testifying on issues requiring educational, occupational and other experience who wish to be qualified as experts shall submit their qualifications in written form for the Board's approval to speak as expert witnesses. (b) Orl!anizational or GToun Soeakers. Prior to presenting hislher case, 31\Y person represgtting an 9rSarn.za,tion C!f other persoIlS. snaIl' indicate, in writing, the organiZation or group tie/she . represetits an!! how helshe received a~thorization to speak on .. beMIf of such orgamutlon or group "f persdns:' The BoardIria make further inquiry into the represented authority suc ~ ifn~c~~~o. No. l?f1J ~ . ZK'L... l.,t' OCT 2 4 2000 Pi, It, 5 . (c) Restrictions on -TestimonY" or Presentation of Evidence. No~thstanding apy, provisions_herein, any Board member may interrupt any pre~tition that !lontains matters which need not be considered in deelWng the! niattcr then before the Board for consideration. At any Board proceeding, the Chainnan, unless overruled by majority "of the Board members present, may restrict or tenninate presentations which in the chairman's judgment are frivolous, unduly repetitive or out of order. (d) Public Officials. NotwithStlinding other provisions hereof, the Board may allow any e1ectet:! or appOinted public official, or reprc!Sentative thereof, to appear and make presentations at any time with regard to matterS under consideration. Conti~ued Public Heannl!:s. In ally matter where it is knOV\'1I that a scheduled public hearing: will be continued to a future date certain, the staff report maybe abbreviated and public comment maybe limited to those peislins who state that they believe they can not be available to spe~k on the date to which the public hearing is being continued: Such persons may make their coIfiments at'the current meeting; provided, however, that upon making theii- 'comments, $u'l:h .persons shall waive the right to repeat or make substan~al!YJ the same presentation at any subsequent meeting on the-same subject. This waiver shall not preclude such persons from making different presentations based on new information or frdrti'~ffering response to other persons' presenlation,if otherwise allowable, at any subsequent meeting. ~ . (4) The Record (a) Autom!ticallv Included in the'Record: The following documents shall adtomatically be included'in the record of the hearing before the Board: -" ~....:.:...c 9:":;'- ~?:..:- ~~ ! - ~1' .-' '- ." ':":~ ,~~>-~, _.:--" (b) (J) c'The record from: any preliminary hearing, the agenda . packet, the staff report, and the transcript of the hearing 'before the Board; (2) Written comments lirld documents previously entered into. the record at a ':-prlot Board meeting on the particular matter. , ~. ~ ~c .- ';,) Items wti,ch Shal~ Be ~la~th~ ~ecord: Any additio.na1 doc\Jm~, exlubtts, dtaSflifflS", petitions, letters or other materials presen~'in support <If._ oi"in oppo~tion. to.. an i~ to~" consiileted by the Board: sliallbe entered into the record, as lorig , as it 'wai received by thl: Board's"GJcrk or the applicable Colli!:!' , cbuntydc:partIl:lent seven (7) days prforw'" the dilte - e gml~TEM No. ~f1j d- OCT 2 4 2000 PI. 11' , , '[,,"', L...j-~\4'J 6 "':'>':-'~'.;' . ~ .,.- c '. .. \- (c) Additional Evidence. Except pursuant to subsection C) (3) at,ove, Written Presentation, any additional written or documentary evidence filed within seven (7) days of the date of the hearing shall not become part of the record. (d) Custodian. The Clerk shall be the official custodian of the rerd. (e) Exhibits. Unless an oversized exhibit is absolutely es~tial, documentary paper or photographic exhibits should not exceed 24 inches by 36 inches and, if mounted on a backboard, shall be removable therefrom. All documentary evidence should be capable of being folded and filed. II. Other Public HeariUl!s: The following rules apply to advertised public hearings othet than those which are quasi-judicial in nature, including those advertised public hearings which are legislative in nature. a) Pre-Hearinl! Submittals: (I) Aoolication. An applicant (as defined in the Collier County lland Development Code) shall make application as provided in the procedures established for the individual decision being requested. (2) . Staff! Al!encv Recommendation. To the extent that the applicable procedure requires a staff review ancli written recommendation to be presented to the Board, that written recommendation shall be completed and available for public inspection no later than ten calendar days Prior to the hearing before the Board. (3) Written Presentation. No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opponent, may submit, in support of or in opposition to the issue which is the subject of the advertised public hearing, any written arguments, evidence, explanations, studies, reports, petitions or other documentation to staff for intended consideration by the Board. All written submissions, not including pictorial displays (maps, graphs and the like) must be on 8.1/2 x II-inch paper. b) Public Hearinl!: (1) General. All members of the public who address the Board shall utilize the speaker's podium to allow their comments to be recorded, an~'shall identify themselves by name and local addresses, if applicable. Further, any speaker speaking on behalf of an organization or group of individuals. (exceeding five) shall indicate suoh and shall cite the source of such authority whether by request, petition, vote, or otherwise. <. -" ';' . ." ..... '. ,... . .' , . Time Limitation Guidelines. It is expected that presentatiqns will ,be ,organized and. efficiently presqlted, As a ., . ~:~:a;~~:e~_~~~~o~^~.~, ~~^~~^~:ts ~~~~ ~ (8) ..............:..'~ , '.' 1,('-.\ ~,+- ;.+" 7 OCT 2 4 2000 PI' It . . ~- . '. "'" \-~ foJlowing status wiJl prepare their discussions and comments to be completed within the prescribed time limits: I. Staff shaJl be responsible for summarizing the item for the Board and shaJllimit such presentation to a maximwn of twenty (20) minutes. 2. For advertised public hearing items (other than those which are quasi-judicial in nature), where there is an applicant other than the Board of County Commissioners or staff, foJlowing the staff summary of the item the applicant wiJl have an opportunity to make a maximwn (10) minute presentation. 3. Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organization or group waive their time. 4. All other persons may speak for a maximwn of five (5) minutes each. 5. No speaker may give his or her time to any other speaker. At the discretion of ~ Chairman, the time aJlowed for any speaker may be exfended (b) Sneaker Reltistration. Persons, other than staff and the applicant (where applicable), wishing to speak on an advertised public hearing item shaJl, prior to the item being heard, register with the County Administrator on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to select a spokesperson. (2) MisceJlaneous Items: (a) Orl!anizational or GroUP Sneakers. Prior to making hislher comments, any person representing an organization or other persons shaJl indicate who he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary, . (b) Restrictions on Comments Deemed Not Germane to the Item. Notwithstanding any provisions herein, any Board member may interrupt. and/or ,stop .any presentation th,at discusses matters, that . need not be considered in decidmg the matter then ~bet,?re' tlie BOard for consideration. At any Board proceeding, the Chairman, unie~ovemiled by majority of the BOard members . 'A 1m.. No. ~)~ OCT 2 4 2000 PI. /9 , \ ) . ' CJ(~16.t-''A " 8 . . . . --: ~".-..-' '. -!I' ,j , restrict _Qr Jerminate presentations which in the chairman's judgment are frivolous, Wlduly repetitive or out of order. \ (c) Public Officials. Notwithstanding other provisions hereof, the Board may aIlow any elected or appointed public official or representative thereof, to appear and make presentations at any time with regard to matters Wlder consideration. - --- (d) Continued Public Hearinl!s. In any matter where it is known that a scheduled public hearing wiIl be continued to a future date certain, the staff report may be abbreviated and public comment may be limited to those persons who state that they believe they cannot be available to speak on the date to which the public hearing is being continued. Such persons may make their comments at the current meeting; provided, however, that upon making their comments, such persons shaIl waive the right to repeat or make substantiaIly the same presentation at any subsequent meeting on the same subject. D. Other Agenda Items Before the Board: In addition to public hearing, public comment and public petition items, with the approval of the Board, members of the public may speak on other Board agenda items. I. Registration: Persons wishing to speak on agenda items other than advertised public hearing items, public comment on general topics and public petition items, shall register to speak on the form provided by the COWlty prior to the item being caIled by the Chairman to be heard. D Time Limits: Where the Board has requested or otherwise authorized public input on agenda items other than public hearing, public comment on general topic, or public petitions items, speakers wiIl be limited to a maximum of 5 minules. " , .',', . ..- . . .,' .. .". . . /' b ".<\-" L)(,I 'f"... "'~f~TEM N6:" ~ ),~ OCT 2 4 2000 PI. eX> 9 I-a I I I I I I I I I I I I I I I -=,. I ~'... LOCAL ADMINISTRATIVE HEARINGS: A VIABLE RESPONSE TO SNYDER . Timothy Jones Fort Myers Initially there was a great deal of wailing and gnashing of teeth over the perceived burdens that the Snyder decision created for local government. This outcry has abated somewhat in favor of a search for practical solutions to "life after Snyder.. One such so- lution, local administrative hearings for zoning rnatteiS, has been used effectively in Lee County for almost six years, This program will not work for every local government, but certain elements of the program may be attractive enough to adapt to individual needs. This outline will describe Lee County's experience and, hopefully, provide some ideas that can be used by other local governments. I. LEE COUNTY'S ZONING HEARING EXAMINER PROGRAM - BACKGROUND & ADOPTION A, Late in 1987 the Board of County Commissioners (BOCC) and the public were frustrated by the problems inherent in the traditional system for reviewing and deciding requests for rezonings, variances, special exceptions and appeals of administrative staff decisions. The county was riding the crest of a strong wave of sustained high growth. This growth resulted in a large volume of zoning cases as developers tried to keep up with the demand for residential, commercial and industrial construction. B, At that time, the review process for variances, special exceptions and appeals of administrative decisions provided for a Soard of Zoning Adjustments (BZA) made up of citizens appointed by the SOCC, The SZA held public hearings and rendered final deci- sions, Appeals of BZA decisions were directly to Circuit Court, Rezoning requests were revIewed by another appointed citizen board, the Planning & Zoning Commission (PZC). The PZC held public hearings and made nonbinding recommendations to the BOCe. The members of this board also sat as the Local Planning Agency (LPA). -. -- C. The BZA and the PZC met once a month. The SOCC met twice a month to con- sider rezoning requests. Due to the volume of cases and few restrictions on the quantity or quality of input received from the applicant and the public, it was not unusl,lal for their meetings to last from 9:30 a.m. until late in the evening and, too often, into the early morning of the next day. Except for the Clerk's audio recording of all BOCe meetings, no official record was kept unless a participant hired a court reporter. Speakers were not sworn and cross-examination was not allowed. However, if a speaker voiced a question, the board would try fa obtain an answer from the appropriate party or staff member. - . . . - ~- . ; 6: Deci~i~ns o{lhe SlA were often contradictory 'and never predictable, even wheil-. based on'viTtually identical fqcts presenteO in different cases OA th~ sa~e day, The ' .. , . ~. '.. . . .... . - ,.. .... ". '. -~~ , AGENOAITDI No.I(A) ,?< OCT 2 4 2000 Pg, cP-1 J \{ I, i.cL..d"t- lS .Il I '. I I ! I I I I I I I ; I I t~ I . .. :: . C. SIGNIFICANT FEATURES: 1. The Hearing Examiner reports directly to, and serves at the pleasure of, the BOCC. 2. The Hearing Examiner must be a licensed attorney with significant direct ex- perience in land use law,. but is not required to be a member of the Florida Bar. 3. The Hearing Examiner may not maintain a private law practice and may only engage in any outside employment after approval by the SOCC. 4, Ex parte communication with the Hearing Examiner is prohibited. In Septem- ber of 1992, after the decisions in Jennings v. Dade County, 589 So. 2d 1337 (3d DCA 1991), rev, denied, 598 So. 2d 75 (Fla. 1992), and Snyder v. Brevard CountY, 627 So. 2d 469 (Fla. 1993), county regulations were amended to prohibit ex parte communica- tion with county commissioners. County administrative staff and county attorney staff are also forbidden to discuss substantive issues of pending cases with commissioners but not with the public or applicants. 5. Intentional violation of the prohibition against ex parte communication is a criminal act, punishable by a fine not to exceed $500; or imprisonment for a term not ex- ceeding 60 days; or both. 6. All cases receive a specific date and time for the hearing held by the Hearing Examiner. Rezoning cases are heard every Tuesday; variances, special exceptions and appeals of administrative staff decisions are heard every Thursday; and Fridays are re- served for continued hearings. The SOCC holds zoning hearings on the first and third Monday of every month and non-controversial cases are also scheduled on Wednesday mornings before the regular weekly BOCC meeting. 7. Hearings are informal proceedings - rules of evidence do not apply and there is no prevision for sworn testimony or cross examination of witnesses. i The county pays for the Official Court Reporter's office to record all hearings conduct" by the Hearing Examiner. Hearings are not routinely transcribed but tran- scripts may be obtained by an~ interested person at their own expense. 9. The Hearing Examiner must provide a written decision or recommendation that includes findings of fact, conclusions of law and a written summary of the testimony and other evidence submitted Jar the record. The regulations provide specific criteria on which decisions must be based. Copies of the decision or recommendation are provided to all parties of record. ...... '. ..--.....,.. .1.0, Oniy "partje,~ of record" may p'artitipatein the ftnai h'6afing held by'the"-. '", ".' _ SOCC. In order to became a party of recprd one must participll'te at thl'! hearing exam- .. :,.. ~ !. . AGENo'( ITEM N6. ?f) d:I OCT 2 4 2000 Pe. ott- 2''1(1-.\ bd-"B ' .,_._._----_.-._----~-~- .a I I I I I I I I I I I I I I I t' III I 4. Controlling Speakers The Hearing Examiner must maintain firm control in order to keep the hearing from degenerating into name-calling and other irrelevancies. The goal is for all parties to leave the hearing with the feeling that they have been treated fairly and that their opin- ions and statements were seriously received and will be considered. Keeping speakers focused at the BOCC hearing is much more difficult be- cause of the restrictions on what may be discussed. Most speakers will have a difficult time understanding the restrictions and many will ignore them even when they do under- stand them. The Chairman of the BOCC must take an active role in this process or the integrity of the hearing will suffer. 5. VVhat is the role of the County Attorney? Assistant county attorneys from the Land Use Section of the County Attor- ney's office attend all hearing examiner hearings, not as advocates for the staff position but to provide assistance to the staff and the Hearing Examiner when legal interpreta- tions or opinions of county regulations or state law are needed. These attorneys also work closely with the staff prior to the hearings in order to help resolve legal issues and to help the staff understand how to properly and effectively present matters to the Hear- ing Examiner. At BOCC hearings, the County Attorney answers legal questions for commis- sioners and assists the Chairman in following the proper procedures and keeping speak- ers on the right track. 6, VVho, if anyone, represents the Hearing Examiner in appeals? Unfortunately, the examiners are in a similar position to trial judges. They are not directly represented, If there is an appeal, the hearing examiner's decision is treated as it it is a decision of the BOCC and the County Attorney defends the decision. If the decision is favorable to an applicant and a third party challenges it, then hopefully the applicant (being the party with the most interest in the case) will hire an attorney to vig- orously defend the decision. 7. Ex parte communications Many ways of handling this problem have been proposed by other writers and even by the Legislature. However, in this writer's opinion, the only truly effective method is to forbid all such communication. This will require screening of phone calls and corre- spondence by BOCC and heating examiner staffs. Appropriate form letters should be developed for advising persons who innocently attempt such communications in order to prevent future attemp~s. Most people will understand and accept the necessity of this. restriction, but a few wltrl'lot: . '.' ," .'. '" '.' _, " ' . .' ", " C II ~ c::.l<t.,I..It-- 13 , . .v>ENOA ITEM . ~ .. . -. '} ~-4-9} 0( OCT 2 4 2000 pc. cP3 --~~_._.__... I. I I I I J I I I I I I I J I I I ,.- ..~ I I I II , tion will be: who, if anyone, is willing to incur the cost of this litigation? III. ETHICAL ISSUES A. Non-lawyers representing applicants and other interested parties. Lee County's program is designed to provide access to the applicant and the public without the necessity of retaining an attomey. Most issues are planning matters and the County Attorney can provide answers to most legal questions. There is a long tradition of citizen handling of zoning matters. However, legal issues do arise and par- ticipants without legal counsel should be advised to seek counsel whenever appropriate. B. Assisting the unrepresented applicant. Zoning hearings are not true adversary proceedings, The county commissioners want the staff to help applicants negotiate what is often a confusing path through the regulations to reach their goals. So long as the application is consistent with the com- prehensive plan and land development code, there is no reason not to provide as much help as possible. However, one must still be careful not to give legal advice or provide information that might be adverse to the interests of the county, C. Who does the County Attorney represent? Most citizens who oppose a zoning request assume that the County Attorney represents them and should help them fight the applicant. However, in most counties, the County Attorney's client is the Board of County Commissioners. This can be a diffi- cult concept to explain to an irate citizen. . IV, A CODE ENFORCEMENT HEARING EXAMINER PROGRAM A. Authorized by Chapter 162 Florida Statutes as an alternative to an appointed 'Code Enforcement Board. B. Efficient, predictable, and sustainable decisions. C. Hearings similar to Traffic Court; non-criminal infractions; witnesses are sworn and cross examination is allowed. . D. County Attorney acts as prosecutor. E, One of many potential additional uses for the hearing examiner program. . '. - V, CONCLUSION oi 'i'he Lee Cour'lty Commission is very happy with the hearing examiner progr~f!\., ~t. , has signif1.ca~tly reduced !~e length of final hearings required by the BOC<;: and thl! lime' ... ... ". . ....~ A ITEM .- No. ~;9),~ OCT 2 4 2000 p&.# Z-lC?-;h;t-"E, fJ .- I I I I I I I I I I I I I I I ~- J , I ~-----.,"-.~.-..--.... ... - - - .. ,. " ~ . '. -';. \.~ "':1 APPENDIX A EXCERPTS FROM THE LEE COUNTY LAND DEVELOPMENT CODE AND APPLICABLE LEE COUNTY ADMINISTRATIVE CODES "'i' . 'o"tI' " " I, 7x:.""""1" 15 . .- . " .... . .' '. 4GENOA ITEM t<</9fh O? OCT 2 4 2000 p&,K .. . . I I I I I I I I I . APPENDIX B LEE COUNTY HEARING EXAMINER PROGRAM BUDGET & CASE INFORMATION I. BUDGET: Fiscal Year: 1988-89 1990-91" 1992-93 1993-94 1994-95 (10/1-9/30) Salary/Fringe: $ 86,355 $238,289 $288,379 $285,191 $305,966 Operating: $114,283 $119.851 $ 94 424 $152,675 $145344 $200,638 $358,140" $382,803 $437,866 $451,310 (3 Staff) (5 Staff)" (6 Staff) (projected) " Reflects addition of one Hearing Examiner position and one secretarial position to accommodate creation of Code Enforcement Hearing Examiner Program. II, ZONING CASES: Year: ~ 1988-89 1992-93 1993-94 Cases: 349 315 278 241 III. CODE ENFORCEMENT CASES: Annual Average (since 1990): 720 i J r I I ~. This represents only 60% of cases noticed for hearing, The rest of the cases are either withdrawn or abated prior to hearing. IV. AVERAGE - FINAL HEARING TO ISSUANCE OF DECISION' 12 days -.... V. AVERAGE - FINAL HEARING TO ISSUANCE OF RECOMMENDATION: '14.2 days ~ , . I,. - ". ., .' .-.'. . .., .....-.... - v_._ ~ /"",,",: . - . AGENDA IiEM No.:F( ,4) Oi, OCT 2 4 2000 Pi. ~b " I [Kf,.", &,+- 'R / ~u~ ~~ ~~ MEMORANDUM FROM THE OFFICE OF COUNTY ATTORNEY DATE: June 9. 2000 Timothy Jone Assistant Cou To: Board of County Commissioners FROM: RE: Ex Parte Communications Commissioner Judah asked me to provide an explanation of the reasons why Lee County has adopted regulations prohibiting ex parte communication with Commissioners regarding zoning matters. The principal reason for the prohibition is the County's duty to provide for fundamental fairness in the zoning process. This duty is placed on local governments by the U.S. Constitution and the Florida Constitution. Florida courts have held that the act of rezoning property is a quasi-judicial decision making process. Both constitutions require that the govemment p~ovide due process of law to all persons who participate in the quasi-judicial decision making process. Sirnply put, due process of law means fundamental fairness in all aspects of decision making. The courts have held that this includes notice and an opportunity to be heard before an unbiased decision maker. Florida courts have further held that procedural due process requires swom testimony, cross examination of witnesses and a decision based on competent, substantial evidence. The Florida Supreme Court has specifically held that ex parte communications with the decision maker are presumptively prejudicial. This means a communication with the decision 'maker outside the public forum creates a presumption that the decision maker will be biased at the time a final decision must be made. Such bias taints the entire process and is fundamentally unfair to the other participants. Evidence of ex parte communication will inevitp.bly result in the courts overturning the decision at issue unless it be proven that the ex parte communication did not, in fact, bias !he decision maker. Allowing for unfettered contact with elected officials outside a public forum on' matters pertaining to pending rezonings has the very real potential of resulting in numerous lawsuits alleging denial of due process and the inevitable public impression that the zoning process is inherently unfair and possibly corrupt. ~ , The prohibition of ex parte communications enhances the opportunity for all interested persons to have a full and fair chance to provide input to the decision maker by giving eV,eryone an equal opportuni~y to p~ese't1ttheirviews in a.public forum., If .all contact witb the dElyisiof.l rn9,k~r >:. on' a pendin9 rezoning is Iimit~d toa p'ublicforum, no one will have to ~peculate about agreements ,made behind closet! doors. r!:ie prohibition against ex,parte communicatiol'1s QO . . --_- ~ 1 - ..... . ... .. ~- -. "- ~~ (, J. <0Cf...iI",-t C 000 . PI. ~7 S:\l.U\T J\TJMEMO\Ex parte Communicatio~2. eOCC.wpd , ) . .' ,"') . . . , Board of County Commissioners June 9, 2000 Page 2 Re: Ex Parte Communications a citizen from informing the Commissioners of their concerns and information relevant to the proposal. The County regulations establish a framework under which this information may be presented to the Commission in a manner consistent with the constitutional mandates to provide due process of law to all participants in the zoning process. No one is excluded from participating or voicing their concerns under the County regulations. If the Commissioners were to engage in private meetings with interested persons, be they developers or private citizens, these meetings will not meet the threshold requirement for swom testimony and cross examination of witnesses. Based on Florida case law, the courts have held that this alone corrupts the process and denies fundamental fairness to all participants. To summarize, the County regulations do not deny the rights of citizens to speak with their elected officials. The citizenry must address their elected officials in a public forum. The County's prohibition against ex parte communication enhances and protects the rights of citizens with regard to the zoning process because it applies to all participants equally. The goal is a level playing field where all opinions, in favor and against, may be aired and debated in the sunshine. Please feel free to contact me if you need further information on this subject. ! T J/amp Distribution: Commissioner John E. Manning, District #1 Commissioner Douglas R. St. Cerny, District #2 Commissioner Ray Judah, District #3 Commissioner Andrew W. Coy, District #4 Commissioner John E. Albion, District #5 James G. Yaeger, County Attorney , : .,....... , -. ..... . , -. -, -..' - .. '." " . '....>e,nuA ITEM No. ~ 19 Jc51. OCT 2 4 2000 Pi, jlf I S:\L.l1\T J\T JMEMO\Ex parte Comrnunications2 . eocc.wpd .. " ZICA/!.,,1- c . I EXECUTIVE SUMMARY TO OBTAIN DIRECTION FROM THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY MANAGER AND COUNTY ATTORNEY TO REVIEW AN ORDINANCE PREPARED UNDER THE DIRECTION OF THE PELICAN BAY PROPERTY OWNERS ASSOCIATION TO AMEND THE ORDINANCE ESTABLISHING THE PELICAN BAY MSTBU . , , I I , OBJECTIVE: To provide greater local control of community infrastructure needs. CONSIDERATION: Under the direction of the Pelican Bay Property Owners Association, a voluntary group of Pelican Bay residents within Pelican Bay, a Draft Ordinance has been prepared creating a Pelican Bay Dependent District and replacing in its' entirety the existing Ordinance establishing the Pelican Bay MSTBU. The Proposed Ordinance has been reviewed by the Pelican Bay MSTBU Advisory Committee and on a vote of 6/3 recommended that this Ordinance be sent to the Board of County Commissioners for consideration. The County Manager and County Attorney are requesting direction from the Board of County Commissioners to review the Proposed Ordinance and upon completion of that review to advertise the Ordinance for consideration at a Public Hearing of the Board of County Commissioners. FISCAL IMPACT: To be determined upon review. GROWTH MANAGEMENT IMPACT: To be determined upon review. RECOMMENDATION: That the Board of County Commissioners direct the County Manager and County Attorney to review an Ordinance prepared under the direction of the Pelican Bay Property Owners Association to amend t Ordinance establishing the Pelican Bay MSTBU. DATE/6/;Jho SUBMITTED BY: REVIEWED BY: DATE: / , Nor ~. Feder, AIC ,Administrator- -'" Tranto~.a~i~n .Div~s~on' ... . ' DA~E:. /fvjC/V APPROVED BY: " ~ '. : ~~~~ OCT 2 4 2008 "9 / . ^ --. _...._...._~~","-"..,"- "".'",-' "-"-~'"""'~~".."-"- ", NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known, and may be cited as, the "Collier County Pelican Bay Services District Ordinance", SECTION TWO: Findings, Ascertainments Determinations and Declarations. It is hereby found, ascertained, determined and declared as follows: A. Findings. It is hereby found that: 1. The community known as Pelican Bay is located in the unincorporated area and is now an established, successful, growing and productive community in northwest Collier County and constitutes a source of pride and tax revenue for. Collier County . and its citizens, the basis for substantial and proven fiscal capacity; Both the County and the Pelican Bay community have experienced 7uid'learned from'- the use' of two historical and 'consecutive ;forms' , . of p~?lic. delivery, of. basic . systems: .facilities, services,. .....'!' . .." . . .~- '. .;:. \.~ ORDINANCE NO. 00- AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY PELICAN BAY SERVICES DISTRICT; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR FINDINGS, ASCERTAINMENTS, DETERMINATIONS AND DECLARATIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CREATION OF DISTRICT; PROVIDING FOR DISSOLUTION AND TERMINATION OF TAXING AND BENEFIT UNIT AND TRANSFER OF ASSETS TO DEPENDENT DISTRICT; PROVIDING FOR BOARD OF SUPERVISORS, MEMBERS, MEETINGS, GENERAL DUTIES, RELATED MATTERS AND CLERK; PROVIDING FOR GENERAL POWERS; PROVIDING FOR SPECIAL POWERS; PROVIDING FOR BONDING AND BORROWING; PROVIDING FOR TRUST AGREEMENTS; PROVIDING FOR REVENUE; PROVIDING FOR EXPANSION, CONTRACT, MERGER AND DISSOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, 2. AGE@.e."IT~H NO.~ OCT 24 2000 Pa .;1/ ,") , . . - I 3, improvements and infrastructure projects to the Pelican Bay area as follows: a, first, the independent Pelican Bay Improvement District to plan, construct and maintain the initial basic Pelican Bay infrastructure improvements, which was created by the Florida Legislature by Special Act and which was not under either the political or budgetary control of the Board of County Commissioners of Collier County and which was terminated by its own terms; and b, currently, the Collier County Board of County Commissioners, with financing through its Peiican Bay Municipal Service Taxing and Benefit Unit (Collier County Ordinance No, 88-23 and Collier County Ordinance No. 90-111), pursuant to which the Board of County Commissioners IS the responsible governmental management entity to provide and finance the basic infrastructure improvements. Neither of these two public approaches is optimum for the citizens of Collier County and for the landowners, residents, qualified electors and citizens of Pelican Bay because: a, the Board of County Commissioners of Collier County manages and finances a myriad of countywide functions in order to solve the problems of intensive growth and development which generate increasing needs for services throughout Collier County; b. detailed local management by the Board of County Commissioners, upon advice from an advisory board, with related direct financing through its Benefit and Taxing Unit in "Pelican Bay", is not as direct and accountable an alternative as may be provided by elected supervisors closest to the people and land served. c. An alternative fiscally sound, economic and innovative way. "", "'. is available by which Collier'Coii'nty 'may maintain 'llhd' ~. . promote ,its cQmpreh~nsive planniug,. land development, . ,. .'. ~ . '. . ,. . regulation and general purpose government responsibilities .,GENt"fI..}. !,l....,~ OCT 2 4 2000 ,..3 r:... - in the Pelican Bay area but without detailed specialized management. d, There is a need for the landowners, residents, citizens and qualified electors of the Pelican Bay area to benefit from the use of a local special governmental entity which exists for the express, narrow and limited purpose of providing and maintaining basic improvements to the Pelican Bay area without having to go through the various steps required for dealing with an advisory board, the County Manager, the County Attorney, other County staff and individual members of the Board of County e. Commissioners; There is a need in Pelican Bay for more direct, responsive and accountable governance that can coincide with the broad and comprehensive general purpose governmental duties and responsibilities of the County. Election of local officials for Pelican Bay promotes innovative and close-to-the-needs responsiveness and accountability, producing a local political imperative to concentrate on one special purpose, the infrastructure needs in Pelican Bay. There is no inconsistency between the comprehensive, general purpose and controlling interests of the County and the specialized board, elected by the qualified electors within the Pelican Bay area, to oversee the single purpose of local provision of basic improvements so long as: 1) the special Pelican Bay entity shall have a narrow, single, accountable and highly speciali!"e? service delivery responsibility for basic infrastructure; and Collier County may veto the budget of such a ~ responsive locally elected entitY; and that all County comprehensive planning, land developmen1 1 ",ula!ions ~<! rell!-ted health, safety.' . "0". . ..' ..... ... and welfare requirements sha)i be preempted to, and ".' ... . - 0... remain exclusively witHin the jurisdiction and . . , ~GE~ATEM power of, the Board of County Commissioners of No. ~J":ll f. g, 2) 3) ..... . -.? . ..~. ,.. - , - , OCT 2 4 2008 PO ~ ~- .. -.' \-~ 4, Collier County, subject to which the local and specialized service delivery mechanisms would operate; and 4) that comprehensively planned and specialiZed local provision of the basic infrastructure required by the County at Pelican Bay, at sustained levels of quality, results in substantial property tax revenue by enhancement of property value; and 5) the audit, recorder, custodian and accounting of funds duties of the Collier County Clerk shall continue with regard to a specialized entity for Pelican Bay; and 6) the Collier County Tax Collector collects and enforces any lienable revenue; and 7) the use of such a dependent single-purpose District is cost effective, financially sound, economic, innovative and serves the purpose of managing and financing the provision to Pelican Bay of capital systems and facilities and related services consistent with the County comprehensive plan, Collier County government, under Article VIII of the Florida Constitution of 1968, as amended, possesses and exercises power in a home rule political subdivision (whether its County government is a non-charter government under Section I (f) of Article VIII or a charter under Section I (g) of Article VIII) so that in either a non-charter or a charter form of government, the power of the Board of County Commissioners to enact ordinances is, under home rule law, limited only by the requirement that any such ordinance is not inconsistent with general law . General laws with which any Collier County ordinance must not be . inconsistent include: 5, a. Chapter 125, Fla. Stat., which provides in pertinent part, .especially.. as !o. non-c)1:;1rter home rule governments, in. . . ~. . county p'olitical subdivisions, that: ~ t .....~ ~GE~-1 No. A'..!k..- OCT 2 it 2000 IQ -.J~ 125,01(3)(a), Fla. Stat.; the powers under this general law shall be deemed to incorporate all implied powers necessary or incident to carrying out such enumerated powers, section 125,01(3)(a), Fla. Stat.; the provisions of section 125,01, Fla. Stat., shall be construed liberally in order to carry out effectively the purpose of this home rule section and in order to secure for the county political subdivisions (through their county governments) the broad exercise of home rule powers authorized by the State Constitution, section 125,01(3)(b), Fla. Stat.; the Board of County Commissioners may establish a dependent District in both the incorporated and unincorporated areas of the County, subj ect to approval of the municipalities, as applicable (in which event the governing body of such special District will be composed of the members of the Collier County Board of County Commissioners, section 125.01(5)(b), Fla. Stat.); and There is no provision, implied or express, direct or indirect, which limits the Board of County Commissioners of Collier County to establish a dependent District in the unincorporated area only under the terms of Section 125,01(5), Fla, Stat., and that to do so by ordinance is not inconsistent with general law, Chapter 189, Fla. Stat., which provides, in pertinent part, further authority and limitations on all home rule county governments, whether charter or non-charter, with regard to ....., \special Districts, ali follows: " , ,'. ". '. -. - 1)' .That m\lniCipal service taxing or benefit units, or . '. :.. . .;' . , : . ~ '., ". both, under section 125.01, Fla, Stat., 'are not special Districts, section 189.403(1), Fla. Stat., but rather AGENlt4.)>>~ N9.~l . 2) 5) b. c') . - I 1) its prOVISIOns regarding home rule shall not be deemed exclusive or restrictive, section 3) 4) ;. OCT 2 It 2000 ,.~ 6 .4 ..:. '. ~ '. .~ - . , 2) are financing units only, so that management responsibility remains in the Board of County Commissioners; a special District is defined to mean simply a local unit of special purpose, as opposed to general purpose, govemment with a limited boundary that may be created by local ordinance, section 189.403(1), Fla. Stat.; a dependent District means a District that meets one of four general law criteria (governing body membership is identical to that of the board of county commissioners; governing body members are appointed by the board of county commissioners; governing body members are subject to removal by the board of county commissioners during their unexpired tenns; or the dependent District has a budget requiring the approval by affinnative vote of the board of county commissioners or may be vetoed by the board of county commissioners), section 189.403(2), Fla. Stat.; A county (whether through charter or non-charter home rule) is authorized by general law to create dependent special Districts within the unincorporated area of the county by ordinance if the ordinance addresses eight requirements (purpose, power, functions and duties; geographic boundary limitations; authority; explanatiojl of why the District is the best alternative; membership, organization, compensation~. and administrative duties of the governing board; applicable financial disclosure; noticing and reporting requirements; . methods f9f fl<' "llcing;. 3lld. a declaratioI) t4a.t thl;' .. '_'" District'!> creation, is consistent. wit,h the Collier . , . Co'unty Comprehensive'Plan), se~tion '189.4041, AGEHQoA,Jj! Fla. Stat.; NO.~ OCT 2 It 2000 PQ 1 3) 4) J .~- '. . .. . c. Chapter 163, Part II, Fla. Stat., Florida's Growth Policy Act, which provides, whether there is a dependent District in the unincorporated area or not, that only Collier County can effect the duties, powers and authorities of general purpose government dealing with comprehensive planning and related land development regulations concerning all development in the area, including the inter-relationship between the County future land use element and the capital improvements element and consistent land development regulations subject to, and in compliance with which, any dependent special District would operate and function; d, The creation and operation of a dependent District in and for Pelican Bay, with an elected board, is compatible with and furthers the County's comprehensive plan, offers a focused and responsive approach to infrastructure provision and is one means available for accountable local delivery (and long term focused sustained quality maintenance) of community development infrastructure in Pelican Bay; therefore, such a single purpose dependent District ordinance is consistent with the County's plan, section 163.3177(10)(a), Fla. Stat. The Collier County Local Government Comprehensive Plan provides in pertinent part for intergovernmental coordination to include: 1) Policy 1.1: planning and communication for levels of service. 2) Policy 1.1.1: joint meetings and service agreements, 3) Policy 1.1.2: growth central point of contact. management liaison and . 11;:.' e. 'Chapter r'87, -Fla: Stat.; the State Comprehertsive; Plan; , _. which provides in ~rtinent part: . , ::-.. . . '. " .. ~ .." ~ .. 1) . ;.Jrhat in order to protect, plan and provide for basic ' , f: 'I" d' , AGEK~~H'\ systems, aClllIes an servIces to commumty No,~ OCT 2 4 2000 pg Y ,') , . B.- ' developments in timely, orderly and efficient manners, it is the policy of this State to identifY and to implement innovative but fiscal1y sound and cost effective techniques for financing public facilities; Section 187.201(1)(a)&(b)6, Fla. Stat.; 2) Encourage the development, use and coordination of capital improvements plans by al1 levels of government, Section I 87.201(l)(a)&(b)7, Fla. Stat.; 3) In order to provide for the amount and quality of services required by the public in a way Ihat is both economical and efficient, it is the policy bf Florida to encourage the use of dependent special Districts to provide needed infrastructure where the fiscal capacity exists to support such an approach, Section l87,201(21)(b)3, Fla, Stat.; 4) It is policy to eliminate needless duplication of, and promote cooperation in, governmental activities between, among and within county and governmental units, Section 187,201(21)(b)5, Fla, Stat.; 5) It is policy to encourage joint venture solutions to mutual problems between levels of government as wel1 as private enterprise, Section 187.201(21)(b)13, Fla. Stat.; 6) It is policy to encourage greater cooperation between, among, and within al1 levels of Florida government through the use of mutual participation for mutual benefit, Section l87.201(21)(b)1, Fla, Stat. .... Use of such a District in the Pelican Bay area is a fiscal1y sound, innovative;. economic, cost effective infrastructure. delivery alternative which is compatible with and furthers the goals of . c01'l'lprehensive planniag. . ' ,'. '" _. _ Ascertaimbents.. .It is ,hereby ascertained, based upon the findings set . ' ... '." j' . .". . . forth expressly above, which are incorPorated herein, that:' , .. . . AGE~ r .l~.~ 6. .... ..' OCT 24 2000 L-? t'oJ L ti.: ". "~ ~- l, Neither an independent local special purpose government, a dependent special purpose District with non-elected board members nor County management (with related financing by the County through its MSTBU) is optimum and best for both the citizens of Collier County and the citizens, residents, landowners and qualified electors ofthe Pelican Bay area; 2, The Board of County Commissioners of Collier County has many major and comprehensive management and financing demands of countywide import so that detailed management by the County, an advisory committee, coordinated with the use of taxpayer funded County staff and attorneys, to focus on the specific management and financing problems of the Pelican Bay area is less accountable, productive and responsive than an elected dependent District board in the immediate area served, 3, There needs to be one responsive, accountable and dependent body politic in and for the Pelican Bay area with its own staff to deal, on a daily basis, with the infrastructure needs of the citizens, landowners, residents and qualified electors of the Pelican Bay area, but in such a manner that the health, safety, welfare, comprehensive planning and land development regulation authority, power and general purpose home rule power and jurisdiction of Collier County are maintained exclusively; The Constitution and laws of the State of Florida, consistent with, and in promotion of Collier County home rule, provide for a governmental mechanism that promotes local responsiveness while maintaining the health, safety, welfare, comprehensive planning and land development regulation authority, power and jurisdiction of Collier County; . -. One such mechanism is creation of a dependent Districfby non- emergency ordinance of the Board of C~unty Commissioners through its home rule authority, as limited by general law authority, whose board members must be qualified electors and - who must be elected by qual';' _'d ~lectors,ofthe pelican Bay area: h _". . "._. ..... "'.... ...." ".... but. whose powers are narrow, limited and spc('Jalized so that they . ,.,' ... ." " '.. · niust comply with, be subject to and ma:r not funCtion inconsistent AGEN~ t~11. - with, the health, safety, welfare, budget, comprehensive planning No. __.1 OCT 2 4 2000 4. 5, .. . -,-... - .-- fQ /,j .,?"- D, -. -.' ,': c. and land development regulation, power, authority and jurisdiction of Collier County. Determinations. It is hereby determined, based upon, and incorporating expressly, the findings and ascertainments set forth hereinabove, that: 1. Empirically, and as a basis for public policy, the best alternative way for public management and financing of basic systems, facilities, services, improvement projects and infrastructure to the unincorporated Pelican Bay area is by creation by County Ordinance of a dependent District with a narrow limited and special purpose with an elected board; 2. Creation of such a dependent District constitutes thereby mutual participation in the provision of needed infrastructure and eliminates needless duplication of government services while promoting practical implementation and cooperation with innovative, fiscally sound and cost effective management and financing techniques for the County required public facilities; and 3, That the dependent District alternative in Pelican Bay is best because it provides c1ose-to-the-people accountability and responsiveness by having qualified elector members of the board of supervisors of the dependent District elected by qualified electors on a one person one vote basis but subject to all County general purpose plans and regulations; and 4, That the dependent District be subject to, may not function inconsistent with and must comply with the Collier County local government comprehensive plan and all applicable land development regulations and all other budgetary, health, safety and welfare authorities and home rule powers and jurisdiction of Collier County. Declarations. It is hereby declared, based upon, and incorporating expressly herein, the findings, ascertainments and determinations hereinabove set forth, that: . L Policy. It is the policy of this County with regard to the IjQiIlcorporilted Pt;lican Bay area that: .- . . . ~', '.. ~.. . a. It is in the public interest for an, innovative, cO!'t effective, . . '. hoI)-du~icative, accountable, efficient imd responsive way ~~:N~T"';' in the Pelican Bay area to coincide the home-rule general OCT 2 4 200& '" /1 ,') , . - power authority and jurisdiction of Collier County with a local dependent public board responsive to, elected by, and consisting of, qualified electors of the Pelican Bay land area to exercise its narrow, limited and special purpose. b. That this specialized dependent District is needed in the public interest for long range and focused management, financing, maintenance, upkeep and operation of those certain basic systems, facilities and services required by Collier County plans and land development regulations as an legitimate alternative mechanism that coincides the needs of the Pelican Bay area with the overall needs of the citizens and taxpayers of Collier County while providing sustained high facility infrastructure to enhance the Collier County tax base, c, That this alternative is economically, financially and fiscally sound, is compatible with and furthers the Collier County Comprehensive Plan and is the best alternative to the Pelican Bay area. 2, Intent. It is the intent of the Board of County Commissioners of Collier County by non-emergency ordinance to create a dependent District with a qualified elector and elected board to carry-out the single, narrow, limited and specialized purpose of planning, implementation, construction, maintenance and provision of basic systems, facilities and services to the Pelican Bay land area, over the long-term, at sustained levels of quality, subject to, not inconsistent and in compliance with the Collier County Comprehensive Plan, consistent applicable land development regulations and with the express provision of the power of veto of the dependent District budget by the Board of County Commissioners of Collier County pursuant to the provisions of this ordinance, 3, Purpose. The single special purpose of the District is the . proViSion of basic infrllslnlctirre in and' for'I)elic"an -Bay. In order t6- CaIT> out that purpose,.the .Dis!rict exp'ressly'\Yill ha"e and t::xer~i~e general and special powers'to ;lan, const~ct, 'imple~ent, mai~ta;n~ - ~~~~_ finance and manage the provision of street lighting, water nCT 2 4 2000 eo /~ ..... .' ... . '.. '. - 4, 5, - , managemenl and control, extraordinary law enforcement service and beautification, including but not limited to, beautification of recreation facilities and sidewalk, street and median areas and the maintenance of conservation or preserve areas within the boundary of the District and to that end shall possess all the powers to do all things necessary, reasonable to provide such systems, facilities, services, projects, improvements and basic infrastructure as set forth in the provisions of this Ordinance, subj ect to asset transfer agreements between the county and the District. Best Alternative. Creation by ordinance of this dependent Pelican Bay Services District, whose board is composed of, and elected by, qualified electors, is the best alternative for both the citizens of Collier County and the citizens, residents, landowners and qualified electors of Pelican Bay because it coincides the benefits of general purpose home rule local government in the form of the Board of County Cornmissioners with the benefits of pinpointed, focused, narrow, limited, responsive and accountable closest-to- the-people special purpose government in the Pelican Bay area resulting in economies of scale, non-duplication, innovation and full public disclosure and accountability. Consistency with the State Comprehensive Plan and the Collier County Local Government Comprehensive Plan. Creation by non-emergency ordinance by the Pelican Bay Services District with its qualified elector and elected board is consistent affirmatively with the State Comprehensive Plan and with the Collier County Local Government Comprehensive Plan because; a. the goals and policies of the State Plan dealing with public facilities and governmental efficiency are implemented expressly and because this implementation is not inconsistent with any other subject, $.oal or policy in the State Comprehensive Plan, asset forth expressly hereinabove; b~ ,be(fause the' subjects.. componen.ts. and. elements of the. . . . . ".... . .., . ~ .Collier County Local Government Cemp'reh~sive Plan me , im~lemen{ed and because crelition' of' this 'dependent D. , b d"" ACEHlltJ1. Istnct y non-emergency or mance IS not mconslstent No, ~ '. ...? .. .......- OCT 2 4 2000 t'Q/._1 .. -~- with and furthers the subjects, components or elements of the Collier County Comprehensive Plan, as set forth and identified expressly herein above. the ordinance is compatible with and furthers the goals, policies, elements and components of the Collier County Comprehensive Plan which is in compliance under State law. Authority of the District: Repeal of the MSTBU. The Authority of the District is section 189.4041(4), Fla. Stat., and section 125.01(3), Fla, Stat.; Collier County Ordinance No, 90-111 is to be repealed by and under the terms of this Ordinance and the Pelican Bay MSTBU dissolved, Construction of Ordinance. The provisions of this ordinance shall be construed liberally to carry out effectively its findings, ascertainments, determinations, declarations, policy, purpose and intent in order to provide for the interests of the people of Collier County and of Pelican Bay with regard to maintenance and enhancement of public health, safety, welfare and convenience; this ordinance shall be construed as consistent with Chapter 189, Fla, Stat., (the "Uniform Special District Accountability Act of 1989", as amended), Chapter 125, Fla, Stat., and if and as applicable Chapter 286, Fla. Stat., (Florida's Government in the Sunshine Law); Chapter 119, Fla. Stat., (Florida's Public Records Law); Chapter 112, Fla. Stat., (dealing with conflicts of interest and ethical duties of public officials) and others, as these acts may be amended from time to time. Moreover, nothing in this Ordinance shall be construed to affect any actions taken previously by Collier County, or any contracts entered into previously by Collier County for the provision of systems, facilities, services, project improvements, and basic infrastructure to the Pelican Bay . area within the boundary of the Pelican Bay Services District. SECTION THREE: Definitions. '. .' -i. ,-. As used in thiS' Ordinance, the followiHg' words, terms and phases shall ha.ve the. , followiug ~eanings, unless ~~,e contex;t otherwise~equires cleafly and. unambi~ously: ; (I) -"Advlflorem bonds" means bonds which are payable from .. the proceeds of ad valorem taxes levied on real and tangible ~~:~~1 c. 6. 7. OCT 2 4 2000 ~g If ..')' . - . (2) personal property and which are generally referred to as general obligation bonds. "Assessable improvements" means, without limitation, any and all public improvements and community facilities that the District is empowered to provide in accordance with this Ordinance. "Assessment bonds" means special obligations of the District which are payable solely from proceeds of the special assessments levied for an assessable project. "Board" or "board of supervisors" means the governing board of the District or, if such board has been 'abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this Ordinance have been given by law. "Bond" includes "certificate," and the provisions which are applicable to bonds are equally applicable to certificates. The term "bond" includes any general obligation bond, assessment bond, refunding bond, revenue bond, and other such obligation in the nature of a bond as is provided for in this Ordinance, as the case may be. Pelican Bay Services District means the unit of single, narrow and special purpose local govemment crealed by County ordinance limited to the performance of those specialized general and special powers and related functions authorized by law and this ordinance, the boundaries of which are contained wholly within the unincorporated area of Collier County, the governing head of which as a body created, organized and constituted and authorized to function as prescribed specifically in this Ordinance for the management and financing of basic systems, facilities, services, proj ects, improvements and infrastructure to the Pelican Bay area, subject to the general . '\purpose health: saflety, welfare comprehensive planning Md- land develop11\ent. regulation 'powe~s,.of Collier Coul}ty, ". :. < ..; , <" ,.- created, organized, existing and constituted and authorized duly and legally to function specifically as prescribed in ~~~N~p.) I (3) (4) (5) (6) .' OCT 2 4 2000 PQ ;.:r ... "0 _0.- this Ordinance with its special powers, governing body, operation, duration, accountability, disclosure requirements and termination as required by this Ordinance and general law. (7) "Clerk" means the State constitutional county officer Clerk in and for the Collier County political subdivision under section I(d), Article VIII, of the Florida Constitution, (8) "Cost", when used with reference to any project, includes, but is not limited to: (a) The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction, (b) The cost of surveys, estimates, plans and specifications. (c) The cost of improvements, (d) Engineering, fiscal, and legal expenses and charges. (e) The cost of all labor, materials, machinery and equipment. (f) The cost of all lands, properties, rights, easements and franchises acquired. (g) Financing charges. (h) The creation of initial reserve and debt service (i) (j) funds, Working capital. Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or ~ ".. acquisition as the board may determine. The cost of issuance of bonds pursuant to this Ordinance, including advertise'fu.ents and printing. The cost of any election held pursuant to this Ordi~ance and 111 ot~er expenses of issuance o~' . .. .' ., . bonds. ' , . . - ---- (k) (I) - , '(11'1): the discount,: if any, bonds. .. .' . " on the .sale 'or exchange of. A~. t NP-4tiTI't'l ~IC . ..4f.o..l OCT 2 4 200t ,J..L (14) (15) ~- -. -&:;f (16) (n) Administrative expenses. (0) Such other expenses as my be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the District. (9) (10) (11) Payments, contributions, dedications and any other exactions required as a condition to receive any government approval or permit necessary to accomplish any District purpose, "District" means the Pelican Bay Dependent District. "District manager" means the manager of the District. "District roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges and thoroughfares of all kinds and descriptions. "Elector" means a qualified elector meaning any person al least eighteen (18) years of age who is a citizen of the United States, a permanent resident of Florida, of Collier County and of the Pelican Bay Services District who registers with the Collier County Supervisor of Elections, "General obligation bonds" means bonds which are secured by, or provide for their payment by, the pledge, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution authorizing their issuance, of the full faith and credit and taxing power of the District and for payment of which recourse may be had against the general funds of the District. "Local general-purpose government" means a county, municipality or consolidated city-county government. "Project" means any development, improvement:property, utility, facility, works, enterprise, or service now existing or her<<.after 1J.l1dert.aken Qr established under the prQvisions of. .. . .. ~ - ,..' , '. . ... . . '. this Ordinance. . "Refunlling bonds" means outstanding bonds of any (P) (12) (13) bonds' 'issued type and the to refinance interest and AGr~h. . ~o.~ OCT 2 4 2000 "~ /7 . . \.') , . redemption premium thereon. Refunding bonds shall be issuable and payable in the same manner as the refinanced bonds, except that no approval by the electorate shall be required unless required by the State Constitution. (17) "Revenue bonds" means obligations of the District which are payable from revenues derived from sources other than ad valorem taxes on real or tangible personal property and which do not pledge the property, credit, or general tax revenue of the District. (18) "General powers" the District shall have such general powers as are provided in this Ordinance in seciion seven (7) in order to carry out and implement its single, special and narrow purpose. (19) "Special powers" the District shall have such special powers as are provided in this Ordinance in section eight (8) in order to carry out and implement its single, special and narrow purpose, (20) "Purpose" the single, narrow, limited and special purpose of the Pelican Bay Services District shall be and is the delivery of basic systems, facililies, services, projects, improvements and infrastructure to the lands within the boundary and jurisdiction of the Pelican Bay Services District with management and financing powers subject to, in compliance with, and not inconsistent with Collier County Comprehensive Plan and consistent Land Development Regulations and other home rule powers of the County as may be applicable, subject to specific transfer of assets and responsibilities to maintain same. (21) "Property Appraiser" means that State constitutional county officer Property Appraiser in and for the Collier County political subdivision under section I(d), Article VIII, of the Florida Constitution. (22) "',,".rax Collecto'r" means that 'Staie 'cotJ.!~itutioti.al"couIltf "_ officer.Tax CoUecior it!- and for the <;:ql)ier County politiC!!1 . . .0' ... . <"..... subdivision under section I(d), Article VIII, of the Florida Constitution. ~~:N~{g' OCT 242000 t-a It , SECTION FOUR: Creation of District. A. There is hereby created a board of supervisors of the Pelican Bay Services District consisting of seven (7) member officers which shall exercise its general and special powers as provided in this Ordinance in order to carry out its single, narrow, special and limited purpose of providing basic infrastructure to the lands and property within the boundary and jurisdiction of the Pelican Bay Services District, the legal description and map of such District attached hereto, and incorporated herein, as part of this Ordinance, as Exhibit "A" (legal description by boundary by metes and bounds) and Exhibit "B" (map). B. This District is a dependent District as defined and provided for in section 189.403(2), Fla. Stat. and seclion 189.4041(4), Fla, Stat. e. The District is not a department under, or of, Collier County as may be defined in the Collier County Comprehensive Plan or any related Ordinance, This District is not an independent District and is not a municipal service benefit or taxing unit as defined in Chapter 189, Fla. Stat. .:: .' D, County Govemment, the Board of County Commissioners of the Collier County Political Subdivision, may veto the budget of the board of supervisors of the Pelican Bay Services District pursuant to procedures set forth in section six (6). The membership of the governing body of said board of supervisors of this District, is to be composed of qualified electors and elected as provided in section six (6) of this Ordinance and the Board of County Commissioners of Collier County shall not constitute the board of this District, shall not appoint any members to the Board of this supervisors of this District and shall not have the power to remove, during an unexpired tenn, any member of the governing body of this District. This District.~ucceeds pursuant to the provisions in section five (5) of this Ordinance the tenninated Pelican Bay Municipal Service Taxing aI\~ Benefit Unitand all real and personal property and related assets of the'County as agreed to between the county and as financed by the Pelican Bay Municipal Service .. Taxing ~d Benefit Unit and rel;lie0.; \stems, materials and, pe~soIW,el, if.' . .. ..any are ttansfe.rr:d.as provided-in section, five (5) below, to. I~e Pelican Bay, .., Servich District -as the successor entity upon tennihation of the Pelican Bay Municipal Service Taxing and Benefit Unit. ~~~H~, E. : ... ~. '. .~ ~ OCT Z 4 ~OOO /1 ct I'd L- -- - SECTION FIVE: Dissolution and Termination of the Pelican Bay Municipal Service Taxing and Benefit Unit and Transfer of Real and Personal Property, Systems, Materials and Personnel, to the Pelican Bay Services District. A. Termination and Dissolution. The Pelican Bay Municipal Service Taxing and Benefit Unit Ordinance No. 90-111, is hereby repealed pursuant to, and under the express authority of section l25.0l(l)(q), Fla. Stat., the Pelican Bay Municipal Service Taxing and Benefit Unit is hereby dissolved and abolished on the effective date of this Ordinance subject to the provisions of this section immediately herein below; B. Transfer and Assumption of Assets, Within 120 days of the effective date of this Ordinance, the Pelican Bay Municipal Service Taxing and Benefit Unit through its governing board, the Board of County Commissioners of Collier County, shall assign and transfer to the Pelican Bay Services District such systems, facilities, services, equipment, materials and personnel currently under the ownership, management, direction and control of the Board of County Commissioners of Collier County for financing by the Pelican Bay Municipal Service Taxing and Benefit Unit, as identified, described, listed and determined in Exhibit "C", attached hereto and incorporated herein by reference, subject to provisions by the Board of County Commissioners of Collier County and the Board of Supervisors of the Pelican Bay Services District by inter local govemment contract for the audit, transfer and acceptance of these properties and assets, SECTION SIX: Board of Supervisors; Members; Meetings; General Duties; and Related Matters; Clerk. A. Members. The governing body of the District shall be a seven (7) member Board of Supervisors subject to the following provisions: L Each of seven (7) elected Board members shall be a qualified .. elector as defined in this Ordinance elected by the qualified electors within the District as follows: , ..; '. J;.f . .... .' ." 2. ' The te:,m of each of the sev?n (7) ~Iected Boar? members shall' lie : four (4) 'years '~d until a successor is provided, not to exceed two (2) consecutive four (4) year terms. ~~:N~flit OCT 2 4 2000 ~9 ;J<J ,') , . 3. Within one hundred eighty (180) days following the effective date of the Ordinance creating this District, an election shall be noticed and held in conjunction with a primary or general election (unless the District bears the cost of special election) and this election and its notice shall be pursuant to law and coordinated with the Supervisor of Elections in and for the Collier County Political Subdivision, 4. At the election, the three (3) candidates for board members receiving the highest number of votes shall be elected for a period of four (4) years and the four (4) candidates for board members receiving the next largest number shall be elected for a period of two (2) years. If all winning candidates receive the same number of votes, then the differentiation of members with four (4) year and three (3) year terms shall be based on alphabetical order. There shall be an election of board of supervisor members two years thereafter in November on a date established by the Board (or as determined by the Supervisor of Elections of Collier County if the board fails to establish such a date), at which time the three board member officers whose terms were for two years shall be elected to a four year term. Thereafter, elections shall be held every two years for the alternating group of board member officers for a term of four (4) years, 5, All elections for seven (7) board members by qualified electors shall be held pursuant to this Ordinance and shaH be conducted in the manner prescribed by law for holding general elections and candidates seeking election to office under this provision shall conduct their campaigns in accordance with the provisions of Chapter 106. The candidate shall file petitions and take the oath. req\lir~d.in sectipn 99.02\ with .the Supervisor ,of.Elec.tion~ in ,l!l1d. for-C'ollier.County. The Supervisor of Elections in jlI1d for Collier . . . . '.' . .... County shall appoint the- Irlspectors and' Clerks of Electioh~"'" prepare and furnish the ballots, designate polling places and~~:~ :- .. . ' OCT 2 4 2000 ~~ ;2 I .: . --:- .: canvass the returns of the election of Board members by qualified electors and the Board of County Commissioners shall declare and certify the results of the election, Members of the Board of Supervisors, upon entering into office, shall take and subscribe to the oath of office as prescribed by section 876.05, Fla. Stat., and shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified as provided herein. B. A majority of the members of the Board (a majority of all seven (7) members) constitutes a quorum for the purposes of conducting its business and for exercising its powers and for all other purposes under law and this ordinance. Action taken by the District Board shall be upon a vote of a majority of the members present unless general law or a rule of the District requires a greater number. Meetings; General Duties; and Related Matters. 1. As soon as practicable after each election and related appointment, the Board shall organize by electing one of its members as chair and by electing a secretary who need not be a member of the Board and by determining such other officers as the Board may deem necessary, except that the appointed board member shall not be elected and shall not serve as chair. The Clerk in and for the Collier County political subdivision shall serve as, and provide services for, audit, recorder, custodian and accountant of funds. The Board shall keep a permanent record book entitled the record of proceedings of the Pelican Bay Services District and which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees and any and all corporate acts as a special single purpose local goverrlment of Florida. The record book shall at reasonable times be opened to inspection in the, same manner as state, c'bunty and municipal records pursuant to Chapter 119, Fla, Stat. . 1'.he reyord book sha,ll be ker'.at the Qfficeor oth~r regular place ot:' -. .". ... ". . ....... ., . bus,irtess maintained by' tlie .Board in Collier. 'County in tlie Pel;~art . . . "".. _ ,Bay.area:_. 6. 2, 3.. AGE~~Bi, N? OCT 2 4 2000 i' u ;,J...L ~- -. -'.- \.~ ._ I 4. Each SupervisQr may be entitled to receive for his or her services an amQunt nQt tQ exceed $200 dQllars per regular meeting .of the Board of Supervisors not tQ exceed $2,400 dollars per year per supervisor or an amount established by the qualified eJectors at referendum; in addition, each supervisor shall receive travel and per diem expenses as set forth in section 112.061, Fla. Stat. BQard of Supervisors general duties. a. All meetings of the Board shall be open to the public and governed by the provisions of chapter 286. b, The Board shall employ or contract with an independent contractor, and fix the compensation of, a District manager. The Districl manager shall have charge and supervision of the wQrks of Ihe District and shall be responsible for preserving and maintaining any improvement or facility constructed .or erected pursuant tQ the provisions of this Ordinance, for maintaining and operating the equipment .owned by the District, and for performing such other duties as may be prescribed by the BQard. The District manager may hire or .otherwise employ and terminate the employment of such .other persons, including, withQut limitation, professional, supervisory and clerical employees, as may be necessary and authQrized by the Board, The compensation and .other conditions of employment of the .officers and employees of the District shall be as provided by the Board. c. The Board may designate a person who is a resident of the state as treasurer .of the District, who shall have charge of the funds of the District. Such funds shall be disbursed only uPQn the order, or pursuant tQ the resQlutiQn, .of the Board by warrant or check countersigned by the treasurer ~ and by such other person as may be authorized by the Board. The Board may give the treasurer such other or ~" (lddi1ional ''Pow.ers -and ,duties as .the BQard _ may - ueem ' , appropril!te and may fix his .or- her c?mpensation. The : _ 'B.oardn,ray require the treasurer tQ - give a bQnd in such - .-- ~GEN~}h amQunt, on such terms, and with such sureties as may beN~.~ \ OCT 2 4 2000 ~Q ~3 5, (') , . - -' deemed satisfactory to the Board to secure the performance by the treasurer of his or her powers and duties. The financial records of the Board shal1 be audited by an independent certified public accountant at least once a year. d. In the absence of a designated treasurer the chairman shal1 assume the responsibility of the treasurer as defined herein. The Board is authorized to select as a depository for its funds any qualified public depository as defined in section 280.02 which meets al1 the requirements of chapter 280 and has been designated by the Treasurer as a qualified public depository, upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the Board may deem just and reasonable. e. Exercise al1 the powers necessary, convenient, incidental or proper in connection with any general or special power, duty, function or to implement the purpose of the Pelican Bay Services District as specified in this Ordinance, f. Neither the District nor its Board of Supervisors shal1 at any time, directly or indirectly, take action that is not in compliance with, not subject to or that is inconsistent with any applicable Col1ier County Comprehensive Plan and any related land development regulation or ordinance, any regulation adopted by the Board of County Commissioners of Col1ier County or any regulation of any other govemmental entity having power to adopt regulations that are superior to the Pelican Bay Services District. g. Annual1y the board of supervisors of the Pelican Bay Services District, prior to the official budget hearing of both Col1ier County and the District, shal1 provide an annual report to the County on activities and operations for the proceeding fiscal year and for the next immediate fiscal year to the Board of County Commissioners of Col1ier ,..~. ",.County no later ihaiJ the l'si day 'of" january of each" ;'- calendar y.ear. . : .' . . :... . . ~ . h. Members of the Board of Supervisors of the Pelican Bay Dependent District may communicate with employees, AGENOHl'H' \ NO.~ OCT 2 4 2000 :ld PQ 7 officers, agents or consultants under the direct or indirect supervision of the District manager or with professional services providers and consultants, for the purpose of inquiry or information, except for the District general counsel shall answer to and serve at the pleasure of the majority of the Board of Supervisors of the District. Except for purpose of inquiry or information, no member of the Board of Supervisors shall give directions to, or shall interfere with, any employee, officer, agent or with any professional service provider, other than Ihe District general counsel, under the direct or indirect supervision of the executive director. 6. Each board member shall at a noticed meeting subscribe to and file all oaths and reports required by law including oath of office, canvassing election results and public officer's financial disclosure. C. Budget; Reports and Reviews; County and Clerk Review; Collier County Veto. 1. ..: 2. - . The District shall provide financial reports in such form and such manner as prescribed pursuant to this chapter and chapter 218, Budget matters. a. On or before each July 15, the District manager shall prepare a proposed budget for the ensuing fiscal year to be submitted to the Board for Board approval. The proposed budget shall include at the direction of the Board an estimate of all necessary expenditures of the District for the ensuing fiscal year and an estimate of income to the District from the taxes and assessments provided in this. Ordinance. The.Board shall consider the proposed budget item by item and may either approve the budget as proposed by the '" ' District manager or modify the same' in part or in whole. The Board shall indicate its approval of the budget by , , ' re&olution, which resc,,; c1tioD sl)all..provide for. (I. ~eari~golJ. . . the. budget as 'appr9ved" Notice Qf t~e Ijearing on 'the brt-dget'Sl1all be published in'a newspaper 'of general circulation in the area of the District once a week for two ~~:~ OCT 2 4 2000 ?..5~ t'Q .?c. . .... '.".". . .~ . .~- .. p, (2) consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the date of the hearing. The notice shall contain further a designation of the day, time, and place of the public hearing. Al the time imd place designated in the notice, the Board shall hear all objections to the budget as proposed and may make such changes as the Board deems necessary. At the conclusion of the budget hearing, the Board shall, by resolution, adopt the budget as finally approved by the Board. The budget shall be adopted prior to October I or each year. b. At least sixty (60) days prior to adoption, the District Board shall submit to the Collier County Manager and Clerk for the purpose of disclosure information, the proposed annual budget for the ensuing fiscal year and any proposed long- term financial plan or program of the District for future operations, c. The Collier County Manager and Clerk shall review the proposed annual budget and any long-term financial plan or program and may submit written comments to the Board of Supervisors of the District for its assistance and information in adopting its annual budget and long-term financial plan or program. d, Upon receipt and review of the written consent of the County Manager and Clerk, if any, and after being apprised as of the date of the hearing, the Board shall adopt its budget and submit within three (3) days a copy as approved to the Chair of the Board of County Commissioners of Collier County. Collier County shall have thirty (30) days from receipt to veto by written letter to the District Chair any line item( s) of the District Budget. The veto shall . remain in effect unless the County and District work out a written solution, adopted by both boards within sixty (60) ~', .days of the wrtiten veto" . ' ' , , Clerk. The. Clerk to. the Board. of County Corrtmissioners. for Collier . County 'shall 'servea~"'Clerk' to th~ District. The Di'stiict shall anmially , budget and reimburse the Clerk as necessary for the cost of all services AGEN~ llf.H I NQ.~ OCT 2 4 2000 PL~h and materials supplied to the District in acting as Clerk to the District. In such capacity, the Clerk shall serve as auditor, recorder and custodian of all District funds and shall keep such records and file such reports as required by law pertaining thereto, The District shall organize its own financial records to facilitate day-to-day operations. The District shall provide financial records in such form and in such manner as prescribed pursuant to chapter 218, Fla. Stat., as applicable, and by the administrative code adopted hereunder, SECTION SEVEN: General Powers. The District shall have, and the Board may exercise, the following powers: D, ,~') . . E. A. To sue and be sued in the name of the District; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real and personal property, or any estate therein; and to make and execute contracts and other instruments necessary or convenienl to the exercise of its powers. To apply for coverage of its employees under the state retirement system in the same manner as if such employees were state employees, subject to necessary action by the District to pay employer contributions into the state retirement fund, To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature, Such contracts shall be subject to public bidding or competitive negotiation requirements as set forth in general law, To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any District purposes and enter into agreements required in connection therewith; and to hold, use and dispose of such moneys or property for any District purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto. T-O''dd~p'~ rules apd orders Jlursuant to the pl'Qviii.iQl}s ofchap.ter PO. prescribing the power~, duties, and functions of the .officers of the . ~ . . . ... District; the conduct 'of tITe business <:if the' District; , the '. maintenance of records subject to the approval of the County Clerk ~~:~ B. C. ~ - OCT 24 2008 pa.}1 which shall not be withheld unreasonably; and the form of certificates evidencing tax liens and all other documents and records of the District. The Board may also adopt administrative rules with respect to any of the projects of the District and define the area to be included therein. The Board may also adopt resolutions which may be necessary for the conduct of District business. F. To maintain an office at such place or places as it may designate within its boundaries which office must be reasonably accessible to the residents. G. To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this Ordinance and to make use of such easements, dedications, or reservations for any of the purposes authorized by this Ordinance, H. To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the District is authorized to undertake and facilities or property of any nature for the use of the District to carry out any of the purposes authorized by this Ordinance. 1. To borrow money and issue bonds, certificates, warrants, notes or other evidence of indebtedness as hereinafter provided; to levy such tax and non-ad valorem assessments or special assessments as may be authorized; and to charge, collect, and enforce fees and other use charges. J. To raise, by user charges or fees authorized by resolution of the Board, amounts of money which are necessary for the. co.nduct of the District .activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent ~ with law. < K. To exercise within the District, or beyond the District with prior . approYaI,by resolution of the .[!Overning body of-the county if the.' .. -.'. . '" .. .." .,..; ...., ..,... taking :-vill.occur in an, uniri,corporated area i:lr ...~ith prior appr<wal - 'b}: Fesohition of ' the governing body (Jf th~ munidpality if the taking will occur within a municipality, the right and power ofAGENPUJ;EN\ "",~ . ,~ .:.- ". ... OCT 24 2000 Pa ,; [: L. M, N. O. p, SECTION EIGHT: A. -!"- _. .." .0- \': eminent domain, pursuant to the provisions of chapters 73 and 74, over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the District relating solely to water, sewer, District roads, 'arid water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another. To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this Ordinance, To assess and impose upon lands in the District ad valorem taxes as provided by this Ordinance. To determine, order, levy, impose, collect, and enforce non-ad valorem special assessments or special assessments pursuant to this Ordinance and chapter 170. Such special assessments may, in the discretion ofthe District, be collected and enforced pursuant to the provision of sections 197,3631, 197.3632, and 197.3635, or chapter 170. To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this Ordinance. To exercise such special powers as may be authorized by this Ordinance. Special Powers. The District shall have, and the Board may exercise, subject to confirming county approval, and not inconsistent with, the Collier County Comprehensive Plan, consistent land development regulations and related regulatory jurisdiction and permitting authority of Collier County having authority with respect to the Pelican Bay land area jurisdiction, any or all of the 'following powers: 1.! ' ,.to .finance, fund,.. plan, ,establish, acquire, construct. or, .. -. . .~, . .. reconstf}lct, enlarge or extend, equip, operate, and maintain . 'sy' steril~, facilities: and' b~sic . ii1fr~structures for' the ; . . AGE~J; following: No.~ OCT 2 4 2000 Po )1 ~') . . .._~. - . (a) Water management and control for the lands within the District and to connect some or any of such facilities with roads and bridges. (b) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. (c) District roads equal to or exceeding the specifications of the county in which such District roads are located, and street lights. (d) Beaches, inlets, conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. (e) Any other project within or without the boundaries of a District when a local government issued a development order pursuant to section 380.06 or section 380.061 approving or expressly requiring the construction or funding of the project by the District, or when the project is the subject of an agreement between the District and a state or local governmental entity and is consistent with the Collier County local government Comprehensive Plan and is approved by Collier County. (f) Parks and facilities for indoor and outdoor (g) recreational, cultural and education uses. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion'detection systems, and patrol cars, when authorized by proper . governmental agencies; 'exc'ePt that .the District may' .. ,not exercise any 'polic'e .poweJ.but'may contra<;t ."", :.' . . ..:. . < ..'. .- with Collier County agencies for an increased level of such services within the District boundaries. ~~:~ ~.. .. OCT 2 4 20011 Po ,1u - B. To adopt and enforce county or District rules fol1owing the procedure and disclosure as set forth below: 1. Rules of procedure adopted pursuant to chapter 120, Fla. Stat., for local rules, in the form of an administrative code that prescribes the powers, duties and functions of the officers of the authority; the conduct of the business of the authority; the maintenance of records; and the . form of other documents and records of the authority; rules, regulations, procedures and requirements necessary for the conduct of the business of the authority; officers and directors liability insurance matters; sovereign immunity matters; procedures for selecting and consultants and purchasing goods and services whether competitive bidding and or consultanls competitive negotiations; and related matters; provided however that such rule, code or regulations shal1 be subordinate to any regulation of the Board of County Commissioners of Col1ier County which might apply. 2, Rules of disclosure and accountability after which shal1 include requiring disclosure to purchasers of property that the land is within the jurisdiction of a dependent local govemment that can levy lienable sources of revenue in addition to ad valorem taxes .... of the Board of County Commissioners and the school board and special assessments of the Board of County Commissioners and other. applicable Districts; providing for disclosure to perspective residents of this same inforwation; providing for , ongoing annual disclosure of public financing and maintenance of public facilities to al1 residents, '., withihtheDisl!<,-< ' ,.', SECTION NINE: BO.bdiAg and Borrowmg. ' . Subject to ih~ ~xpress .~ritt~n 'prior appro~al of the'Colfier C01,utty Board of County Commissioners, the District Board of Supervisors may exercise the fol1owingAGE~JE"I NO.~ OCT 2 4 2000 Pg .J / . . . . ~ . ..~. '. ". " powers to borrow money, and to incur and to issue debt in various types as provided expressly herein below: A Issuance of Bond Anticipation Notes. In addition to the other powers provided for in this Ordinance, and not in limitation thereof, 'the District shall have the power, at any time, and from time to time after the issuance of any bonds of the District shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate as the Board may determine in compliance with section 215.84, mature at such time or times not later than five (5) years from the dale of issuance, and be in such form and executed in such manner as the Board shall prescribe. Such notes may be sold at either public or private sale or, if such notes shall be renewal notes, may be exchanged for notes then outstanding on such terms as the Board shall determine. Such notes shall be paid from the proceeds or such bonds when issued. The Board may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments levied for the payment of such bonds; but in such event a like amount of the bonds authorized shall not be issued, Short-term Borrowing. The District at any time may obtain loans, in such amount and on such terms and conditions as the Board may approve, for the purpose of paying any of the expenses of the District or any costs incurred or that may be incurred in connection with any of the projects of the District, which loans shall bear such interest as the Board may determine in compliance with section 215.84, and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the Board may determine, subject, however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. For the purpose of defraying such costs and expenses, the . District may is?uenegotiable!lotes, ',Varrants or otj1er evidences.ofd~l?t.tQ', be payable at such times, to bear such interest as the Board ma}' determine . . . . . iii compliance' \vith se~tion 2'l5, 84; and t'o be sold. or discounted At such price or prices not less than ninety-five (95) percent of par value and on AGEN~TE~ NO'-e-e;- OCT 2 It 2000 Po .Jh .~- '. B. - .(') , 4 c. such terms as the Board may deem advisable, The Board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes and assessments of the District. The approval of the electors residing in the District shall not be necessary excepl when required by the State Constitution, Sale of Bonds. Bonds may be sold in block or installments at different times, or an entire issue or series may be sold at one time, Bonds may be sold at public or private sale after such advertisement, if any, as the Board may deem advisable but not in any event at less than ninety (90) percent of the par value thereof, together with accrued interest thereon. Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered by the District as payment of the purchase price of any project or part thereof, or a combination of projects or parts thereof, or as the purchase price or exchange for any property, real, personal, or mixed, including franchises or services rendered by any contractor, engineer, or other person, all at one time or in blocks from time to time, in such manner and upon such terms as the Board in its discretion shall determine, The price or prices for any bonds sold, exchanged, or delivered may be: I. the money paid for the bonds; 2. the principal amount, plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds; and in the case of special assessment or revenue bonds, the amount of any indebtedness to contractors or other persons paid with such bonds, or the fair value of any properties exchanged for the bonds, as determined by the Board. Authorization and Form of Bonds. Any general obligation bonds, benefit bonds, or revenue bonds may be authorized by resolution or resolutions of the Board which shall be adopted by a majority of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be published or posted, The Board may, be resolution, authorize the issuance '. .. <....'..... ..' . ..' ".0.. ...... 11'""0 _.', _........ of bonds agd fix t~e aggregate amount ofboI)ds to 1?e issued;'the purpose or purposes' for which the m6neys derived. therefrem' shalt be exp\)l1ded, AGENNTE'" including, but not limited to, payment of costs as defined in sectionN.,~ OCT 2 4 2000 3. D, , PQ '.~~.J It.- E, 190,003(7); the rate or rates of interest, in compliance with section 215.84; the denomination of the bonds; whether or not the bonds are to be issued in one or more series; the date or dates of maturity, which shall not exceed forty (40) years from their respective dates of issuance; the medium of payment; the place or places within or without the state where payment shall be made; registration privileges; redemption terms and privileges, whether with or without premium; the manner of execution; the form of the bonds, including any interest coupons to be attached thereto; the manner of execution of bonds and coupons; and any and all other terms, covenants, and conditions thereof and the establishment of revenue or other funds. Such authorizing resolution or resolutions may further provide for the contracts authorized by section 159,825(1)(f) and (g) regardless of the tax treatment of such bonds being authorized, subject to the finding by the Board of a net saving to the District resulting by reason thereof. Such authorizing resolution may further provide that such bonds may be executed in accordance with the Registered Public Obligations Act, except that bonds not issued in registered form shall be valid if manually countersigned by an officer designated by appropriate resolution of the Board, The seal of the District may be affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as ifhe or she had remained in office until such delivery. Interim Certificates; Replacement Certificates. Pending the preparation of definitive bonds, the Board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the Board may determine, exchangeable for definitive bonds when.su~h bonds have been executed and are available for delivery. The Board !nay also provide for the replacement of any bonds which become mutilated, lost, or destroyed. '1 Negotiability of Bonds. Any bond issued under this Ordinance or any . temporary boud, in the abs!"nce of a1' express recital on the face thereof.' .. ... .'. .". " ". .... .' ." '. . . .'. . . ". .' .'- "to .... .. ~- .. that it i$ ,n6nnegotiable, shaJl be fullynegotiab,le and shall be and .. . . ,".' "., ., '. constiUite a.negotillble.instrument within the meaning and' for all purposes . ~GEN~~\ ofthe law merchant and the laws of the state. ~., OCT 2 4 2000 pg3f F. .~- .. ~. ,": ... G. Defeasance. The Board may make such provision with respect to the defeasance of the right, title and interest of the holders of any of the bonds and obligations of the District in any revenues, funds, or other properties by which such bonds are secured as the Board deems appropriate and, without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in such event the right, title and interest of the holders of the bonds in any revenues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate, and become void; and the Board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the District as the Board shall determine. R Issuance of Additional Bonds. If the proceeds of any bonds are less than the cost of completing the project in connection witb which such bonds were issued, the Board may authorize the issuance of additional bonds, upon such terms and conditions as the Board may provide in the resolution authorizing the issuance thereof, but only in compliance with the resolution or other proceedings authorizing the issuance of the original bonds. Refunding Bonds. The District may have the power to issue bonds to provide for the retirement or refunding of any bonds or obligations of the District that at the time of such issuance are or subsequently thereto become due and payable, or that at the time of issuance have been called or are or will be subject to call for redemption within ten Q- 0) years thereafter, or the surrender of which can be procured from the holders thereof at prices satisfactory to the Board. Refunding bonds may be issulld lit' any time.when''in the judgment of the Board'such issuance, will' , be advantag~ous to the District. . No apprQval of the qualif1ed electdrs . ~esiding' in th~ Dist~'t shali be ~equired for the. ;s~uance of refunding , b d . 'h' h hI' 'd b h S AGE~,....n.- on s except m cases m w IC suc approva IS reqUire y t e tatCNo.~ OCT 2 4 2000 1. "'~-- "5< Pa ,,,/ ,) \.') , . Constitution, The Board may by resolution confer upon the holders of such refunding bonds all rights, powers, and remedies to which the holders would be entitled ifthey continued to be the owners and had possession of the bonds for the refinancing of which such refunding bonds are issued, including, but not limited to, the preservation of the lien of such bonds on the revenues of any project or on pledged funds, without extinguishment, impairment, or diminution thereof. The provisions of this Ordinance pertaining to bonds of the District shall, unless the context otherwise requires, govern the issuance of refunding bonds, the form and other details thereof, the rights of the holders thereof, and the duties of the Board with respect to them, ], Revenue Bonds, 1. The District may have the power to issue revenue bonds from time to time without limitation as to amount. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects; from the rates, fees, or other charges to be collected from the users of any project or projects; from any revenue-producing undertaking or activity of the District; from special assessments; or from any other source or pledged security, Such bonds shall not constitute an indebtedness of the District, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the District. Any two or more projects may be combined and consolidated into a single project and may hereafter be operated and maintained as a single project. The revenue bonds authorized herein may be issued to finance anyone or more of such projects, regardless of whether or not such projects have been combined and consolidated into a single project. If the Board deems it advisable, the proceedings authorizing such revenue bonds may provide that the District may thereafter combine the proj ects then being financed or theretofore ... ... . . . . financ'ed' with other projects to be subsequent')' iinanced"by "the"' '- Distlilct ana that reVel1llce, boUds to be thc~eafter 'issued ,by the, . ..' .' . ~ . . ," . District shall be on parity with the revenue bonds then being A"llEN~ 1 issued, all on such terms, conditions, and limitations as shall haVll>.---t}-Je 2, OCT 2 4 2000 Pq "J'b -:.- " -- been provided in the proceeding which authorized the original bonds. K General Obligation Bonds. The District may have the power from time to time to Issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at anyone time not as determined by the county. Except for refunding bonds, no general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution. Such elections shall be called to be held in the District by the Board of County Commissioners of the County upon the request of the Board of the District. The expenses of calling and holding an election shall be at the expense of the District, and the District shall reimburse the county for any expenses incurred in calling or holding such election, SECTION TEN: Revenue. The District Board may levy, impose, charge, collect and enforce the following sources of revenue subject to the limitation and procedures set forth hereinbelow. A. Non-lienable service charges and fees, The Board shall have the power to change, enact and impose non-lienable fees and charges to pay for the use of operation of services as provided in subsection K. Ad valorem taxes. The elected Board, upon the express written consent of the Board of County Commissioners of Collier County, shall have the power to levy and assess an ad valorem tax on all the taxable property in the District to construct, operate, and maintain assessable improvements; to pay the principal of, and interest on, any general obligation bonds of the District; and to provide for any sinking or other funds estah~ished in connection with any such bonds, An ad valorem tax levied by the Board for operating purposes, exclusive of debt service,; on bonds, shall not ^ exceed 2 mills. The ad valorem tax provided for herein shall be in addition to county and all other ad valorem taxes provided for by law. . . ' " Such talC shan be, assessed, 'levie,d;.a~.,Lcol1ec.ted in ,the.same .manner.and' . " .sametime' as. C~lUnty taxes. . The levy of ad valoren; \axes shall 'be , ~ # .. . . . . .. : approved by referendum when required by the State Constitution. B. ; .. _. '. .0 ~ AGE~~E . NO.O'i5\ OCT 2 4 2000 Po 37 .~- -. c. "". .-~ Non-Ad Valorem Assessments Including Non-Ad Valorem Special Assessments. The District Board may levy, impose and collect non-ad valorem assessments as herein provided: 1. Benefit Special Assessments. The Board shall annually determine, order, and levy the annual installment of the total benefit special assessments for bonds issued and related expenses to finance District facilities and projects which are levied under this Ordinance. These assessments may be due and collected during each year thaI county taxes are due and collected, in which case such annual installment and levy shall be evidenced to and certified to the property appraiser by the Board not later than August 31 of each year, and such assessment shall be entered by the property appraiser on the county tax rolls, and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds thereof shall be paid to the District. However, this subsection shall not prohibit the District in its discretion from using the method prescribed in either section 197.363 or section 197.3632 for collecting and enforcing these assessments. These benefit special assessments shall be a lien on Ihe property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the assessment for the exercise of the District's powers under this Ordinance shall be determined by the Board based upon a report of the District's engineer and assessed by the Board upon such lands, which may be part or all of the lands within the District benefitted by the improvement, apportioned between benefitted lands in proportion to the benefits received by each tract of land. 2. Maintenance Special Assessments. To maintain and preserve the facilities and projects of the District, the Board may levy a maintenance special assessment. This assessment may be . evidenced to and certified to the Property Appraiser by the Board of Supervisors not later than August 31 of each year and shall be Mtered by.the property appra,iser on the county"tax rolls anq ~hal1. , be co!lected- and enforced by the tax collector in the same manner. and at' the-same time 'as county taxes, and the' proceeds therefrom' h II b 'd --- h ., H h' . AGEN'tA-)~H s a e pal to t e Dlstnct. owever, t IS subsection shall notNQ.~ \ OCT 2 It 2000 Pg .;/i ~') . D.... --~-"----".. prohibit the District in its discretion from using the method prescribed in either section 197.363 or section 197.3632 for collecting and enforcing these assessments. These maintenance special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the maintenance special assessment for the exercise of the District's powers under this Ordinance shall be determined by the Board based upon a report of the district's engineer and assessed by the Board upon such lands, which may be all of the lands within the District benefitted by the maintenance thereof, apportioned between the benefitted lands in proportion to the benefits received by each tract ofJand, Non-Ad Valorem Assessments or Non-Ad Valorem Special Assessments. The Board may levy non-ad valorem assessments, non-ad valorem special assessments or special assessments for the construction, reconstruction, acquisition, or maintenance of District facilities authorized under this chapter using the procedures for levy and collection provided in chapter 170 and chapter 197. Status; Liens; Collection. Benefit special assessments, maintenance special assessments and special assessments are non- ad valorem assessments as defined in section 197.3632, Fla. Stat. Benefit special assessments, maintenance special assessments and special assessments authorized under this ordinance shall constitute a lien on the property against which assessed from the date of imposition thereof until paid, coequal with the lien of state, county, municipal and school board taxes. These non-ad valorem assessments may be collected, at the discretion of the District, by the Tax Collector in and for Collier County pursuant to the provisions of sections 197.3631, Fla. Stat., section 197.3632, Fla. Stat., and section 197.3635, Fla. Stat., or in accord,ance with other collection measures provided by law. Enforcement,.!,.f Taxe~. Toe ~ollection and enforc$llJl.ent .of all t'Y.'es. levied by the District shall be at the same time and in like m'anner as county taxe~, and the pr~visio~s of thi! Florida Statutb~ relating to ih~ 'saie ' of lands for unpaid and delinquent county taxes; the issuance, sale an~GE~WII NO,~\ OCT 2 4 2000 ~g39 3. 4. ~ .:... -"". : E. delivery of tax certificates for such unpaid and delinquent county taxes; the redemption thereof; the issuance of individuals of tax deeds based thereon; and all other procedures in connection therewith shall be applicable to the District to the same extent as if such statutory provisions were expressly set forth herein. All taxes shall be subject to Ihe same discounts as county taxes. When Unpaid Tax is Delinquent and Penalty. All taxes provided for in this Ordinance shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes, Tax Exemption. The District must, for any bond issue, and upon the advice of its bond counsel, determine if all bonds issued hereunder and interest paid thereon and all fees, charges and other revenues derived by the District from the proj ects provided by this Ordinance are exempt from all taxes by the state or by any political subdivision, agency or instrumentality thereof. Transitions Provisions. Nothing in this Ordinance shall be deemed to affect any non-ad valorem assessment, ad valorem tax or other lienable levy by the Board of County Commissioners of Collier County as the governing body of the Collier County Municipal Service Taxing and Benefit Unit as of November 2000, Nothing in this ordinance shall be construed to affect any tax or assessment pledged by the Board of County Commissioners of Collier County as the governing Board of the Pelican Bay Municipal Service Taxing and Benefit Unit to secure or authorize pursuant to a trust indenture under law and the Board of County Commissioners imposing such a tax or assessment remains authorized under home rule to impose such tax or assessment under the terms required by such trust indenture. Tax Liens. All taxes of the District provided for in this. Ordinance, together with all penalties for default in the payment of the same and all costs in collecting the same, including a reasonable a.ttorney's fee fixed by ,~ the court and taxed as a" cost in the action brought to enforce payment, shall, from January 1 for each year the property is liable to assessment and . , ,until paid, constitute a lien of e,quai, dignity willi ,the Hens, [or stat~ and. ".- -.". '.. . - -.. -... .county t<ixes and other taxes Bf eql,lal dignity with stalF anp county talles. ','. upon lfll the lands'againsi which sucli taxes shan be levied. A 'Sale of any f I . h' h D' , Ii AGENOA ITEM o the rea property WIt III t e Istnct or state and county or other taxes NO.~ OCT 2' 42000 PQ 16 F, G. H. . ..~ " ..~" ". . ~- .. ..' ..' "~J. . 1. shall not operate to relieve or release the property so sold from the lien for subsequent District taxes or installments of District taxes, which lien may be enforced against such property as though no such sale thereof had been made, The provisions of sections 194.171, 197122, 197.333 and 197.432, Fla, Stat., shall be applicable to District taxes with the same force and effect as if such provisions were expressly set forth in this Ordinance. Payment of Taxes and Redemption of Tax Liens by the District; Sharing in Proceeds of Tax Sale. 1. The District, subject to the express approval of the County may: a. Pay any delinquent state, county, District, municipal or other tax or assessment upon lands located wholly or partially within the boundaries of the District; and b. to redeem or purchase any tax sales certificates issued or sold on account of any state, county, District, municipal or other taxes or assessments upon lands located wholly or partially within the boundaries of the District. 2, Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the District, together with all penalties for the default in payment of the same and all costs in collecting the same and a reasonable attorney's fee, shall constitute a lien in favor of the District of equal dignity with the liens of state and county taxes and other taxes of equal dignity with state and county taxes upon all the real property against which the taxes were levied. The lien of the District may be foreclosed in the manner provided in this Ordinance, 3. In any sale of land pursuant to section 197.542, Fla. Stat., and amendments thereto, the District may certify to the clerk of the circuit court of the county holding such sale the amount of taxes due to the District upon the lands sought to be sold; and the District shall share in the disbursement of the sales proceeds in . accordance with the provisions of this Ordinance and under the laws of the state. . Forecldsill'e of Uens. Any lieniiJ favor of the District arising uridi:r. this' , Ordimnce may be foreclosed by the District by' forecl,?sure pmceeding's In . the nam~ ofth~Distrie'tin a ~ourt ~fcom~etentjurisdictlon as provided by , II . I'k "d d' h 173 d d AG,NOA 1m. genera aw III 1 e manner as ts proVl e III c apter an amen me~t~;'mDD pg J/( ,')' . thereto; the provisions were expressly set forth in this Ordinance. Any act required or authorized to be done by or on behalf of a municipality in foreclosure proceedings under chapter 173 may be performed by such officer or agent of the District as the Board of Supervisors may designate. Such foreclosure proceedings may be brought at any time after the expiration of one (1) year from the date any tax, or installment thereof, becomes delinquent; however no lien shall be foreclosed against any political subdivision or agency of the state. Other legal remedies shall remain available. K. Fees, Rentals and Charges; Procedure for Adoption and Modifications; Minimum Revenue Requirements. I. The District is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, hereinafter sometimes referred to as "revenues," and to revise the same from time to time, for the facilities and services furnished by the District, within the limits of the District, including, but not limited to, recreational facilities, water management and control facilities to recover the costs of making connection with any District facility of system; and to provide for reasonable penalties against any user or property for any such rates, fees, rentals, or other charges that are delinquent. No such rates, fees, rentals, or other charges for any of the facilities or services of the District shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants, or occupants served to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under the administrative rulemaking authority of the District, but shall not apply to District leases, Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, arid other charges shall have been published in a newspaper in the county and of general circulation in the District at . lea:~t '0J1ce and at least tel) (10) days. prior to sucb puglic hearipg,. The rulemaking, hearing may be adjourned from.timeto time, . . . '". After such hearing, sucli schedule or sclied~ies, either as ;rl.iH~liy' , AGENDA ITEM proposed or as modtfied or amended, may be finally adopted. A NO.~ OCT 2 4 2000 Pa 1;. 2. . - .... copy of the schedule or schedules of such rales, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection, The rates, or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing, 3. Such rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class, and when appropriate may be based or computed either upon the amount of service furnished, upon the number of average number of persons residing or working in or othelWise occupying the premises served, or upon any other factor affecting the use of the facilities furnished, or upon any combination of the foregoing factors, as may be determined by the board on an equitable basis. 4, The rates, fees, rentals, or other charges prescribed shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated: a, To provide for all expenses of operation and maintenance of such facility or service; b. to pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and c, To provide for any other funds which may be required under the resolution or resolutions authorizing the}ssuance of bonds pursuant to this Ordinance. S, The Board shall have the power to enter into, contracts for the use 1.;.. . of the projects of the District and with respect to the services and facilities furnished or to be furnished by the District. ,~, . Recovery of,DeJinquent Charges.. In the, ev.entthat any, r<!tes, Jees?.' . ,. _'. '. '.,~ .rentals, charges, .01; delinquent 'Penalties shall not beo pai.d ~s.and when due , , . and s\{all b-e in defauit lor sixty (60) days or 'more, the llnpaidbalance ' AGE~ thereof and all interest accrued thereon, together with reasonableNo.~ \ OCT 2 4 2000 PQ 13 attorney's fees and costs, may be recovered by the District III a civil action. SECTION ELEVEN: Expansion; Contraction; Merger; Dissolution. Only the Board of County Commissioners of Collier County, by non-emergency ordinance, can contract or expand the boundaries and jurisdiction of this District, merge it with any other governmental entity under control of the County or and dissolve the District. In no event shall the District merge any other unit of government without the prior consent of the Board of County Commissioners of Collier County. If this District is dissolved and its charter revoked by non-emergency ordinance by the Board of County Commissioners of Collier County which is the unilateral right of the Board of County Commissioners of Collier County, such action dissolving the District shall occur only at such time as (a) legal and equitable rights, powers and interests of each and every landholder are maintained and inviolate and are expected reasonably to remain inviolate so long as they exist in law and equity and (b) a dissolution plan is noticed and adopted by the Board and incorporation in the dissolution ordinance. Dissolution of the District shall transfer automatically to Collier County, in the Board of County Commissioners, title to all property leased or signed to the District along with all other property and interest in property otherwise acquired by the District. Collier County shall assume all indebtedness of the District unless provided otherwise in the dissolution plan adopted by the Board of County Commissioners of Collier County attached to it and incorporated in the ordinance of dissolution. ''!'''- SECTION TWELVE: Conflict and Severability. In the event that this ordinance conflicts with any other ordinance of Collier County, the more restrictive ordinance shall apply except as provided specifically herein, or as provided specifically in the administrative code with regard to the Collier County purchasing policy and or the Collier County hwnan resources policies and procedures. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or Unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions thereof. SECTION THIRTEEN: Effective Date. This Ordinance shall become effective upon receipt of acknowledgment from the '. -Sec'retary of' State -thit' this 'Ordinance" has' b~enmedwith the Secretary <if State' o'f ' Florida,- ' , . -'-..~ . .GEND~:. No. l OCT 2 4 2000 Po J/1 Passed and adopted duly by the Board of County Commissioners of Collier County, Florida, this day of 2000. ATTEST BOARD OF COUNTY COMMISSIONERS Collier County, Florida , CLERK By: Chairman Approved as to form and legal sufficiency: David Weigel, Esquire County Attorney STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 2000 by Signature of Notary Public - State of Florida Notary Stamp Personally Known OR Produced Identification Type ofIdentification Produced .:') , . F:\USERS\KFOLDEN\P.elican Bay;~~. ',' If'... ~..' - . ~ - . . . <.. . . ~C!~t ~T~t, No. "'t)ti\ OCT 2 It 2000 PQ 4.5 EXECUTIVE SUMMARY PRESENTATION AND ACCEPTANCE OF THE FINAL REPORT OF THE COLLIER COUNTY COMMUNITY HEALTH CARE COMMITTEE. OBJECTIVE: To accept and approve the Final Report of the Collier County Community Health Care Committee, CONSIDERATION: The Collier County Community Health Care Committee was established by Resolution No, 99-257 on June 8, 1999. Its purpose was to review existing health care systems in Collier County, determine if adequate access to health care was available to all of the residents of the County and provide a finaJ report and recommendations to the Board of County Commissioners, The enclosed Executive Summary contains the Committee's primary findings, conclusions and recommendations, The Committee's complete report, including individual reports from each of its six (6) subcommittees are available for public inspection at the Collier County Health Department and at the Office of the Clerk of the Circuit Court, Minutes and Records Department, On August 1,2000, the Board of County Commissioners established the Collier County Health Care Planning and Finance Committee to, in effect, take the work of the Community Health Care Committee to the "next level." Specific goals include leading a broad based community health planning process; conducting a financial and economic analysis of various program and service proposals and identifying viable funding options for recommended solutions, The Committee will begin meeting this month and is expected to complete its work by August 200 I, FISCAL IMPACT: There is no immediate fiscal impact associated with this report, GROWTH .MANAGEMENT IMPACT: There is no growth managemerit impact associated with this item, RECOMMENDATIONS: That the Board of County Commissioners accept and approve the Final Report of the Collier County Community Health Care Committee, SUBMITTED BY: ^ Date:,cl"3! n- I ,~ ":2 ( cc REVIEWED BY: "Oe"d4[51\;.'" No. 8_' OCT 2 4 2000 Pg. I COlliER COUNTY ....~.-.;<"!""!"...-'.~.'" ,~ Health Care Review Committee I , final Repon September 2000 Executive Summary AgegarJtIW No. OCT24~OO Pg. ,;2..-- October 12, 2000 Board of Collier County Commissioners 3301 Tamiami Trail East-Admin. Bldg, Naples, FL 34112 Dear Commissioners: The enclosed Executive Summary of Collier County Health Care Review Committee's final report paints a troubling but accurate picture of unmet health care needs in Collier County, Over 30,000 Collier County residents under age 64 are without any form of health insurance coverage, private or government- sponsored, Current estimates indicate that over 6,000 children in Collier County are presently uninsured, Throughout the U,S, almost 85% of those uninsured are part of families with one or more members working, In Collier County independent studies of local in- patient charity care provided by local hospitals confirm that 93% of their charity care costs was incurred treating working men and women between the ages of 19-64, It is the cost of insurance that is the major reason given for lack of health insurance coverage, The Committee's report emphasizes that access to health care in Collier County is a serious community-wide prOblem for substantial segments of our local population and requires a community-wide solution, The Committee is recommending that the Board of County Commissioners seek ways to provide a safety net of funding to enable some type of public/private partnership to be created that allocates responsibility both for providing health care services and financial support among all involved constituencies-the local hospitals, physicians and other health care providers; the business community; and the citizens of Collier County, The Committee studied how other communities have dealt with tl is problem and found several success stories both here in Florida and elsewhere, For example, The Committee found that both Hillsborough County and Palm Beach County developed public/private partnerships that created win-win outcomes within a very short time, Both counties substantially improved the health and quality of life of their working poor, improved their productivity at work, and significantly reduced unnecessary use of emergency rooms. And, most importantly, they did it inexpensively by creating managed care networks for the working poor and leveraging the power of group purchasing to negotiate very favorable rates with local health care providers. ~~ndy5"r OCT242000 I 1'9. .3 Recently, the Board of County Commissioners reacted decisively to a preliminary recommendation by the Committee by appointing a second committee, the Health Planning and Finance Committee, to lead a community-wide health planning effort, seeking solutions to these serious access issues and making appropriate recommendations to the Board, The Health Planning and Finance Committee, comprised of active and retired business leaders, financial executives, physicians and other health care providers, is still in its organizational stages and is expected to hold its initial meeting later this month. All its meetings will be posted and be open to the public. Members of the public are urged to monitor the activities and findings of this new committee, attend its meetings, ask questions and offer constructive suggestions. The Executive Summary also contains an addendum comprised of several charts and graphs depicting the Committee's major findings and its recommendations to the Board, Anyone wanting additional copies of the Executive Summary of the Health Care Review Committee's final report should call Dr. Joan Colfer, Director of the Collier County Public Health Department, at 774-8210, The Committee's complete report also contains the individual reports of each of its separate working groups, including the elderly, the uninsured, children, dental services, mental health and substance abuse services, and other successful models. Those interested in more detail on one or more of these sub topics should request a copy of the complete report by calling Dr. Colfer's office, Yours tru Iy, ~~.~ Thomas G, Schneider Vice Chairman, Health Care Review Committee ~~~"d~xper O;:.~ EXECUTIVE SUMMARY INTRODUCTION: In May 1999 the Board of County Commissioners formed an ad hoc Collier County Health Care Review Committee to review existing health care systems in Collier County, determine if adequate access and health care is available to all residents, and submit a report of its findings and recommendations, The full Committee met monthly since July 1999, examining the existing health care systems in place and reviewing options for correcting gaps found, The members met more frequently in subcommittees formed to explore specific population subsets (children, the underinsured, and the elderly), facets of health services (dental and mental health and substance abuse), and other successful local community programs (models), Committee members reviewed much pertinent material available and met with numerous knowledgeable health care providers and other community leaders, The Committee recognizes that the subject of access to health care is an extremely complex issue, The Committee has concluded that access to the health care delivery system by insured and other middle to high-income residents is in sharp contrast to the limited access by uninsured and underinsured individual residents with low incomes, The Committee recognizes and appreciates the great efforts of the private sector in Collier County to care for the health care needs of the indigent and underinsured, This includes concerned citizens, NCH Healthcare Systems, the Cleveland Clinic, physicians and other health care providers, Their combined efforts have also resulted in numerous charitable organizations focusing on various health care needs of the indigent, supported by extensive philanthropy from an extremely generous community, Despite all this, however, significant gaps in access to health care remain and continue to worsen, While recognizing there is a responsibility to secure all available sources of funding possible, the Committee concludes that, without a safety net provided by county government in some form, present and future health programs for the indigent will not achieve the desired results, County demographics reveal that our community is, indeed, a culturally and economically diverse population with a wide range of ec.Jnomic means, There are the better-known populations that include large numbers of affluent working and retired people and a narrow middle class, Collier Cour,ty is also home to a large number of working poor, migrant workers, and other indigents (e,g, homemakers who no longer have husbands to support them, skilled workers with unex ected disabilities and owners of small businesses with poor earnings) who have gr:. dri5i n r.T f ynoo pg.~- ., probability of being underinsured or uninsured, To cite just one example of the magnitude of this low-income population, 43% of the children in the Collier County School District are eligible for free or reduced cost lunches, Florida's Agency for Health Care Administration (AHCA) conducted an extensive health insurance survey throughout the state in 1999. Its summary report documented that in the 3 county area of Charlotte, Collier and lee Counties, almost 1 in every 5 (or 19,8%) of the population under 65 is without insurance, the third worst rate of uninsured of all such districts in the entire state, The report also revealed that approximately 35% of our residents under 65 earning less than 150% of the federal poverty level (see table below) were uninsured and this percentage grows to 41 % for residents earning less than 100% of FPL. Just recently AHCA released additional information from this study at the county level; it shows Collier County's uninsured rate for persons under age 65 is 18%, or almost 30,000 individuals, About 6,500 of these live in Immokalee Family Size' 1 2 3 4 5 6 7 8 Year 2000 Federal Poverty Levels 100% Federal Poverty Levels Annual Monthly Hourly $8,350 $696 $4,01 $11,250 $938 $5.41 $14,150 $1,179 $6,80 $17,050 $1,421 $8.20 $19,950 $1,663 $9,59 $22,850 $1,904 $10.99 $25,750 $2,146 $1238 $28,650 $2,388 $13 77 150 % Federal Poverty levels Annual Monthly Hourly $12,525 $1,043 $6.02 $16,875 $1,406 $8.11 $21,225 $1,768 $10.20 $25,575 $2,131 $12.29 $29,925 $2,493 $1438 $34,275 $2,856 $1647 $38,625 $3,218 $1856 $42,975 $3581 $2066 "'Fer family households with more than 8 members, add $2,900 to annual income per additional member to find100% of poverty levels and $4,350 for 150%, The Community Health Status Report compiled by the U,S, Department of Health and Human Services in July, 2000 reveals that 12% of Collier County's population is below the poverty level. With a total population this year estimated at 227,000, there are approximately 27,000 documented persons with incomes at this lowest level. However, the county is home to many persons who avoid being counted, e,g" migrant field, service, and. workers and homeless people,.The great majority of these groups are not only uncounted, but their income is almost always below the poverty level. Thus, the total population is most likely somewhat higher than 227,000 and the percentage of the population below the poverty level would be higher than 12%, It is also unknown how many residents have incomes falling ~~~nd~ }jer OC1}4l00D PII. between 100 and 150 percent of the level (another group at high risk of having no access to health care). Together, these statistics reflect almost 30.000 uninsur<:ld county residents and much more than 27,000 residents with incomes below 150% of federal poverty levels. It must be noted that not all lower income individuals are without insurance and not ail those without insurance are lower income individuals. Indeed, it is the working poor who, for the most part, are most significantly impacted by the high cost or lack of employer-based group health insurance. Data provided to the Committee reflect that while those working poor who are in need of greater access to health care are spread geographically throughout the entire county, they tend to be concentrated in three specific geographic areas within Collier County - East Naples, Golden Gate and Irnmokalee. These areas contain a significant "working class" population, many of whom are L;nderinsured Although some of the health care needs of the people living in these clusters are being met, significant gaps in access to adequate care exist in the areas of primary care, specialty care, mental health, dental health, and vision care. Because most of the medically indigent have no access point to the health care system, their medical problems are not quantified by any organization and are impossible to document. However, many of the Committee members are exposed daily to a considerable amount of anecdotal evidence of their need and suffering. Mike Smith's' story is a good example. "Mike" is forty-something. divorced, and lives in a traile'. He is a barber who supplements his income by doing yard work on his days off. He has diabetes and hypertension, and over Ihe past few years has had increasing weT'ght gain. He has no insurance and 8 low income despite his two jobs. - After three years without health care, Mike leamed of the Neighborhood Health Clinic where ,e'unteers Ireal working adults r,v the price of ono hour's wages. ano recenlMonday night he sought the clinic's help. Mike really wants to feel better so when Ihe doctor suggested he gel some exercise, he found a way to do it. The following Saturday morning he fell while riding a bike and hurt IllS shoulder. Since the clinic would nol open again un Iii Monday night, his shoulder went untreated. He still had bills to pay, however, and wenl to his "side job" as a gardener. Mike fell again on his injured arm; Ihis time he fractured his elbow and was bit by wasps on Ihe same arm. Despite intense pain, he could not afford medical care and would nol incur an emergency room bill he would be unable to pay. He continued 10 wait for treatment until the Neighborhood Health Clinic opened Monday night. Wot his real name The inability to access basic primary care places a ;lUgf, st"ain Cor' the need. It also strains those organizations that attempt to prc.'/ide ::iem eo Ie in ith ~~JYr: . OCT 2 4 200~ 1'9.3 'l- .~__. ,. - ~~,. _n_ manner of care. The financial burden placed on the organizations providing the resources are, in turn, passed on to the rest of the population of Collier County, either directly or indirectly. Consequences to the community include loss of productivity when employees' untreated medical conditions become so severe that they cannot work and financial loss to a variety of individuals and businesses when they can no longer pay their debts. It is especially costly in terms of unnecessary, uncompensated use of the emergency room and other inpatient and outpatient services that would not have been necessary had the person received treatment in an earlier, more easily treated stage of the disease. The costs for this care are ultimately passed on to the rest of the population through higher health care prices and increased insurance rates. The history of David Jones' and the emergency room illustrates how this happens. "David" is self-employed with insulin-deprmdent diabetes. His income is quite low; since he owns his business he is not eligible for group health insurance and he cannot afford to buy an insurance policy for himself. He also cannot afford the price of doctor visits and medication. Without insulin, David's blood sugar gets too high, he may go into diabetic acidosis and must receive emergency room care to stabilize his condition. He is then given a limited amount of insulin When the insulin runs out, he again becomes hy.pergly.cemlc and must return once again to the emergency room. The costs for these frequenl emergency room vlsils qUickly mount and David cannot pay for them. They become part of I/Je "bad debt" or charity care that the hospital shifts to consumers by raising its rates. Higher hospital rates cost both the prIVate paymg patients and the insuran,e companies, which the Insurance companies recoup by increasing their premiums. "Not his real name. If David were able to receive medical care and insulin on a regular basis, as insured diabetics do, he would not require use of the emergency room and the cost to the community would be only the price of his medication and periodic doctors visits, both at substantially reduced rates. An "uncompensated care" study of NCH Healthr Jre Systems conducted in 1999 by Fraser and Mohlke Associates, Inc. documented the extent of charity care provided by NCH in 1998. Charity care, in this case, generally reflects write-offs when a patient's bill is more than a third of the annual family income. According to the report, the hospitals provided over $18 million worth of such charity care to inpatients and outpatients in 1998. The unreimbursed care incurred by the hospital for uninsured, low-income patients who dId not meet this stringent criterion is considered to be dramatically higher but extremely difficult to separate from other bad debts. Ag."d~I~." No. vi OCT 2 4 2000 pg'1t-~ ~-_.-_...- . .-- CURRENT RESOURCES: Medically indigent people in Collier County are not entirely bereft of health care resources. Indeed, the following paragraphs show a variety of access points and services available to those who cannot afford to pay for care. It must be noted, however, that there are many limitations to the treatment these entities can provide to the populations eligible to receive their services. As the previously noted study by Fraser and Mohlke points out, Naples Community Hospital provides a substantial amount of uncompensated care. Some of this uncompensated care is incurred as charity O::03ts, when patients' bills are higher than a third of their annual income. Other uncompensated care is conside~ed to be bad debt, when uninsured patients simply can't or won't pay their hospital bills. In addition, some hospital care is offered free of charge to indigent patients of the Neighborhood Health Clinic. Unreimbursed hospital charges are not the only services provided to indigent patients within the hospital. Each patient also receives free or low cost medical care from at least one physician. The emergency room of Naples Community Hospital is the first choice for any type of medical care for many indigent people. The hospital is required by law to triage (diagnose) all those who present themselves and to provide care for all true emergencies. However, because of its justified concern over litigation, NCH, as all hospitals, generally provides some level of care for nearly ail who seek it. As a result, some indigents look upon the emergency room 2S others view their private doctors' offices. Use of the emergency room is extremely expensive Inappropriate. emergency room visits such as these drive up costs for everyone as well as clog the system for true emergency patients. . In addition, mandated follow-up care for indigent emergency room patients is limited, and many never return to a healthy status for any length of time. Collier Health SerVices, Inc. (GHSI), a partially federally funded organization, may be the most heavily utilized source for low cost health care in Collier County. CHSI and its affiliates, Marion E. Fether Medical Center. the !mmokaiee Family Care Center, and Isabel Collier Read Children's Health Network offer a wide range of h.ealth services on a sliding fee scale. Services include family medicine, pediatrics, women's health, dental health, chronic and infectious diseases, and adult health care. The majority of CHSI facilities and services are in Immokalee r ~~.~1 //i-' \ n~:. ~~~ \ ,~.-':...._';.-'- .--..-----..---.- A review of CHSl's payment sources in 1998 reveals thal 32% of children's services and 62% of adult services provided were to uninsured, indigent patients. The assessment also showed that 59% of patients (24,000) had Incomes at or below 100% of the federal poverty level, 8% of patients' (3,000) incomes were between 101% and 150% of the poverty level, and 2% (600) were between 151% and 200%. Of the 41,000 unduplicated patients receiving care through CHSI in 1998, 43% were migrant/seasonal farm workers. The Senior Friendship Center operates a low cost medical and dental clinic in Old Naples. Retired doctors and dentists wr volunteer their time and skills provide health services four days a week. No ont, turned away due to an inability to pay. However, there is a waiting list and not every indigent person is eligible for services at Senior Friendship Center. Eligibility requirements are th<lt patients be at least 50 years of age and have an annual income of $14,500 or less for a single person, and $19,500 for a couple, In the past year, volunteer physicians and dentists at the Senior Friendship Center provided 2100 medical and dental visits The Neighborhood Health Clinic, which opened its doors at Grand Central Station in April 1999, was founded by a retired doctor and his wife, <I for:T1er nurse. They have been strongly supported by local doctors and the NCH Health Care System. The clinic is staffed entirely by volunteer health care professionals (doc:ors, nurses, physical therapists and others) and "lay volunteers" with the asslstane<c of a paid coordinator. Volunteer doctors at the Neighborhood Health Clinic treat indigent patients two evenings per week and on Saturday mornings. It IS a "first come, first served" walk-in clinic that provides primary e;are to uninsured working adults with incomes at or below 150% of the poverty levels and who are not receiving governmental assistance. When patients need specialty care that cannot be provided in the clinic, they are referred to volunteer specialists' private offices and/or to Naples Community Hospital. Each clinic visit costs the patient just one hour's wage; referred visits to specialists and the hospital are provided free of charge. From the time the clinic opened through the end of June 2000, there were 2,300 patient visits, with each clinic session generally treating between 25 and 30 patients. The estimated value of these services is in excess of $720.000. The Collier County Health Department has two primary s,res. one in Naples and the other in Immokalee. While the Department no longer provides primary care services, it does provide many programs in areas such as epidemiology and communicable disease control, rabies, health education, Women. Infants and Children (WIC), and environmental health serving all county residents and visitors. In addition, the Department serves as a broker. for many other health care services such as obstetrics and family planning, school health, 2nd healthy kids programs. Programs that provide direct health care services are. ~~"~dS' Wl OCT 2 4 2000 Pg. IV . Tuberculosis and sexually transmitted disease screening, diagnosis and treatment . HIV anonymous and confid~'ntial testing . HIV/AIDS patient care and case management . School and flu immunizations and medication response to specific disease outbreaks . Services for pregnant women and children up to age three, including care coordination, nutrition counseling, childbirth education, parenting education and support, smoking cessation counseling, follow-up of substance exposed newborns, field nursing and home visits The Foundation for Women's Health, a public/private partnership of the Collier County Health Department, local obstetricians and Naples Community Hospital, is a system of prenatal care open to all pregnant women in Collier County referred by the health department, CHSI clinic, Medicaid and for all other pregnant women for whom no other funding source is available through public, private or personal resources. Services include prenatal, delivery, and postnatal services through the professional provider staff and resources of local, private sector, board certified obstetricians, the NCH Healthcare System, and the Collier County Health Department This is probably the most successful local public/private health care partnership. Since this organization was established in 1999, numbers of patients seen have increased, administrative costs have decreased, and a much higher percentage of "eligible-for-Medicaid" individuals have been enrolled in Medicaid The David Lawrence Center provides inpatient and outpatient mental health care to uninsured, low.income patients but over the years the funding has decreased while the need increased. The recent closing of Charter Glade Hospital in Fort Myers and the impending closing of G. Pierce Wood Hospital in Arcadia may bring the lack of mental health care for this population to a crisis level. Already, the patients being treated at David Lawrence Center are sicker than in the past, and the agency is increasingly providing completely uncompensated care. Emergency beds are not always availaf1le to meet the need, and at times mattresses are placed on the floor for patients (!)e to the increased demand. Some health care programs are funded totally or partially by the state or federal government to help meet some of the needs of disadvantaged children, including Medicaid and KidCare/Healthy Kids. However, there are significant impediments to getting all eligible children enrolled in these programs and in finding adequate numbers of physicians and dentists to care for the children who are enrolled. Further, while these programs concentrate on school age children, they seem to underserve adolescents. In prior years inadequate required local matching dollars forced over 1,000 children to be put on a waiting list Recent state leg "'1I..\(j".,,l,t~'" No .-.....J./..4- OCT 2 ~ 2000 Pg. !j :!!"" temporarily resolved this by freezing local match and providing state funds to enroll more children throughout the state. Now there is an urgent need for increased local outreach efforts to enroll as many as possible eligible children for these programs before state enrollment caps are reached. The Cleveland Clinic is a recent addition to outpatient health services in Collier County. It contributes $150,000 annually to the Healthy Kids local match and $120,000 annually to fund a physician at Collier Health Services, Inc. in Immokalee, and conducts immunization clinics for school children. In addition. some of Cleveland Clinic's physicians volunteer at the Neighborhood Health Clinic. It currently offers physician and outpatient services and expects to open a 70 bed hospital in early 2001. Many local physicians contribute a great deal of time, energy and expertise to returning the uninsured to better health by volunteering their services to organized efforts aimed at assisting the less fortunate. At times, they also provide free care to established patients who encounter financial difficulties during the course of their treatment. When these donated efforts <:lie combined with the pro bono care physicians give to hospital patients and indigent patients referred by other physicians, their service to the community is invaluable. In 1998, in a joint effort between the Collier County Health Department and the Collier County Medical Society, a survey of a representative sample of medical society physician members was conducted relative to their uncompensated services. The median total estimated amount of uncompensated health care provided per respondent was $36,000 for calendar year 1997 with a wide variation. To the extent that this median amount is accurate for the entire physician community in Collier County, it is estimated that the 400 doctors donated $14.400.000 worth of free care in 1997 Beginning with its opening in 1999, the Neighborhood Health Clinic has provided an additional avenue for community-minded physicians to serve the less fortunate that did not exist at the time of the survey. Ancillary health businesses, such as radiology centers, provide free and low cost services to uninsured, low income patients referred through the Neighborhood Health Clinic and American Cancer Society. In addition, many non-profit agencies in COllier County aid the health of numerous indigent persons as part of their overall service missions. Specific examples of these efforts are Catholic Charities (which pays licensed therapists to treat poor persons), Lujheran Ministries (a health resource for children), and the American Cancer Soc 'ty (which provides Tree mammograms to lOW incomE ,,,,omen and Ag.nd." l..h" No. 012/ OCT 2 4 2000'1 Pg. 8!... """- makes arrangements for free follow-up with further testing and treatment by generous physicians). The school nurse program is a vehicle by which family health education and linkage to the community health care system could take place. However, in Collier County there are only thirteen nurses serving thirty-four schools and 32,400 students, with a ratio of one nurse to 2,500 students. 7he national recommended ratio is one nurse to 750 students and the state goal is one nurse for every 1500 students. For the first time last year, the school nurse program was able to provide some level of school nurse time to all public schools. Thirty-two of the schools received 8 to 10 hours of nursing time per week and two middle schools received a full-time nurse 5 days a week. In addition to managing emergency health situations, nurses are uncovering many health proDlems in the school age population. However, they often find it difficult to find referral sources within the community for these students. Funding for this program comes from the Collier County Health Department, NCH Health Care System, and Collier County Public Schools and Collier County Government; a substantial portion of this funding may be in jeopardy beyond the current school year. Medicare generally is satisfactory for most hospital services, physician services and short-term nursing home stays for the elderly and some disabled individuals. However, health care costs are a growing expenditure for the elderly. Nationally, persons over age 65 represent 13% of the population but incur 35% of all health care costs. Due to the large elderly population in Collier County, the impact is even greater here. Pharmacy costs not covered by Medicare continue to mount, further aggravating the situation. BARRIERS TO CARE: Costs Most county residents have the me ns to pay for their health care through private insurance, Medicare, Medicaid, or 1 om their own personal resources As noted earlier, however, a significant number of persons in Collier County are either uninsured or underinsured and are financially unable to pay for health care for themselves and their children_ In general, these individuals are working class men and women between the ages of 19 and 64, often having incomes lower than 150% of . th_e federal poverty level. Many are self-employed or have jobs with small businesses that do not provide health insurance for their employees (or, if they do, the costs to employees are unaffordable). Ag."d~),~".. No _ 1 Q J OCl 2 4 2000 1'9. ;3 Unfortunately, in Collier County these people often receive little or no health care at all. Those who do obtain periodic treatment frequently obtain it far too late, when the illness or injury is much worse and the treatment costs are much greater. Further, these patients often lack access to follow-up care due to a variety of reasons ranging from a lack of funds for prescriptions and/or specialty care to a lack of transportation. Data provided by Naples Community Hospital and Collier Health Services, Inc. indicate that most "charity care "costs are generated by those between the ages of 19 and 64. For example, in 1998, over 93% of NCH's in-patient ctlarity care costs were incurred treating patients between the ages of 18 and 64 This was also true for each of the four previous years. And, in 1998, 89% of NCH's out-patient charity care costs were incurred for this same age /')roup. This most likely relates to their generally being excluded from government assistance for medical care. Unless documented as disabled by the federal government, individuals cannot obtain Medicare until they are 65 years of age. Medicaid, the other governrr:ent program that is generaliy thought to provide a medical safety net for poor people, is designed in Florida to assist only children, the elderly and disabled. Non-elderly and non- disabled indigent adults can only receive Medicaid when they can show that their ill health will have a negative impact on children in their custody. However, many of the people in this age group either have never been parents or do not have custody of their children, or their children are older than 17. Further, uninsured non-citizens working in low-paying jobs such as seasonal work in fields, restaurants, and the like are not eligible for health services through governmental funding, even if they do meet the other criteria for government programs. Although members of this population are most highly visible in Immokalee, low-income non-citizens live and work throughout the county. - Mental health and substance abuse services for the unin~ured and under-insured in Collier County have been limited bya variety of factors. However. this group is definitely in need of these services, as evidenced by Naples Community Hospital's report that 35% to 40% of its psychiatric patients are indigent Further. during its fiscal 1 989 year, the David Lawrence Cenic:' opened nearly 11,000 cases of which 91 % were at or below the federal poverty level, Ten years ago, this stat'istic was only 60%. Governmental, public and private sources of funds to meet the needs of people seeking mental health and substance abuse interventions have not, and will not, keep pace with the growing demand. Financial resources provided by the State of Florida for mental health are primarily targeted toward individuals at risk of institutional care. Fewer public dollars are spent in prevention and education. The increasing need is already outstripping our current community resources as indicated by increasing waiting lists and delays for those seeking care. Anticipated is an increasing demand for emergency mental health and sdbstance abuse Intervention, increases in associated crime and incarceration, and sub Agenda n..", NO . '3'[~ I neT 2 It 2 0 overload of community institutions such as hospitals and law enforcement systems. The ultimate impacts are on the mentally ill and the taxpayer. Even those who have some type of third-party payer may not have adequate health services if their income is low. For example, Medicare doesn't cover costs of many preventative services (i.e., routine physician examinations, tetanus immunizations, routine cholesterol/blood sugar levels), medication, prescription glasses or dental care. While this is not problematic for people who can pay for these services themselves, it can place the health am: :"en the lives of impoverished elderly persons at risk. Medicaid also places limits on health services, such as extremely restricted dental coverage for adults. Further, long-term care has very limited funding -- Medicare reimbursement is sparse, and patients must first exhaust their personal resources, including savings and other assets, before Medicaid funding begins. Access/Availability Collier County covers a large geographic area. This makes availability of health care a challenge as there are pockets of populations in the county that do not have close access to health services, e.g., Everglades City and East Naples The distance between these areas and sections of the county with health care providers is aggravated by the lack of public transportation for those without reliable automobiles of their own. Many health care providers are available for routine office hours only during the working day. While the lack of evening and/or Saturday services may be problematic for many working people, it can cause major financial difficulties for the working poor whose jobs do not allow time off during the workday to attend to their own or their children's health care needs. This encourages the use of the emergency room, the most expensive alternative, as the provider of choice because it is always open and people know they will not be refused care. Access to dental care is a particularly dim situation for low-income persons, even those who quelify for Medicaid. When the patients are adults, Medicaid pays only for single tooth extractions when it is an emergency (ondition or full mouth extractions and one set of dentures per lifet.ime. t Ithough Medicaid has comprehensive coverage for children's dental needs, only one private dentist in the county and the Marion E. Fether Medical Center in Immokalee accept Medicaid reimbursement. . Statistics from the Florida Department of Health's, Division of. Planning and Evaluation indicate that in 1998, only 24% of Collier County's low-income (below 100% of federal poverty level) residents had access to dental care. down from 26% in 1997 and 30% in 1996. When the poverty level is increased to 200%, access to dental care plummets to 9%. Agen,gDlti No_. OC1 2 4 2000 1'9.. / b 11. I I Principally due to financial considerations, poor dental health is rampant among the low-income population. Cavities and other dental probl"'i;lS are ignored as long as possible. Residents of Greater Naples often seek dental care at Marion E. Fether Medical Center in Immokalee, despite the distance involved - usually a 40 to 60 minute drive each way -- because it is the only source of low cost dental care in the county for people under 50 years of age. Because dental infections must be resolved with antibiotics before any actual dental work can be performed, Collier County residents who are in pain may spend up to two hours on the road to and from Marion E. Fether's dental clinic and an undetermined amount of time in the waiting room, only to leave with just a prescription and an appointment for a future date. When their transportation difficulties and unpaid time off from work are factored in, the Immokalee dental visit becomes quite expensive and is perceived as Inadequate. It is difficult for many indigent individuals to receive mental health services in Collier County. There are long waiting lists for publicly funded care, treatment and follow- up services, and severe limits on the availability of dollars to increase such services. Public funds are usually reserved for children and those most at risk, rather than helping people before they get so sick they require institutionalization - There are only 32 psychiatric hospital beds in Collier COUllty, 20 at Naples Community Hospital and 12 at the David Lawrence Center. Ideally there should be 22 crisis beds in the community; in reality there are just 1:2 People must sometimes be sent to othe' crisis units out of the county and away from their families and support systems. . The recent loss of Charter Glade Hospital in Fort Myers and the impending closing of G. Pierce Wood, the area's only sta:!' ;"stitution for the mentally ill, will only exacerbate the problem of providing care to this vulnerable population. At times a child's illness is discovered at school. When students are from insured, middle and upper income families, it is a simple matter fer the school to phone the parents, who then arrange to take their child to the doctor. It is not so easy to help a child whose parents do not have immediate access to health care for their children. In addition, there is a severe shortage of full time school health nurses in county schools available to provide linkage to the community health care system, even when there is an access point for the child. Knowledge The culturally diverse population locally presents many healthcarechallenges, including health .education. Some people are new to the United States and some haven't kept current with research findings related to hmv to best care for oneself. Many parents are unaware of recommended health care schedules and routine "well child" care such as immunizations and preventive health mainte Ag.nd~d:~t" Ho. { OCT 2 ~OOO 12 pg,1 , families from varying cultures is oritical in assuring that children, as well as adults, remain healthy and receive routine care. There is also a general lack of knowledge among the medically indigent population about the few resources that are available to them. * * * * * By reviewing printed material, conducting interviews, and holding discussions among each subcommittee and the full Committee, members came to the conclusion that, other than for occasional waits for certain types of care, people in the middle and high socio-economic groups in Collier County generally have sufficient access to quality medical services. Their care is limited only by the terms of their insurance policies and their ability to pay for uncovered services. As the previous sections of this summary indicate, however, that is far from true for a significant portion of uninsured community members with low incomes. What care they do receive is usually fragmented and inadequate to ensure good health over time. The Committee also found that members of this vulnerable population need education to maintain their health and that of their children, as well as to gain knowledge of medical resources that are available to them. The Committee found and documented ',,'j' .::spread gaps in access to adequate health care for many of our residents. The Committee strongly believes that access to health care is a serious, community-wide issue for substantial segments of our population, requiring a community-wide solution. It will likely require maximizing use of state and federal funds and allocating the local costs to the entire community. . OTHER SUCCESSFUL MODELS Committee members discussed a variety of possibilities for delivering care in an integrated system, as well as potential methods of funding such a system. While it i\> possible to create from scratch an original plan to address Collier County's unmet health care needs, the Committee believed the first step should be a review of some of the indigent health care programs already in place in other areas to determine. their degree of success and the feasibility of replicating or modifying them for use in Collier County. Four programs were studied in varying de:;->ths: . Hillsborough HealthCare (Hillsborough County, FL) . Carondelet LifeCare Ministries (St. Paul and Minneapolis, MN) . Marion County Indigent Care (Marion County, FL) . Palm Beach County Health District IFL \ ~~~nd~B? OCT 2 470) \>g. / 13 The Hillsborough Health Care model has a 'lational reputation as the best indigent health care program in the country and Ilas already been replicated in a number of communities. It is a managed care, public/private partnership of local government, local businesses and the local medical profession that provides a free, integrated healthcare delivery system to uninsured residents with income below 100% of poverty levels and who have no access to other programs. Hillsborough Health Care's goal Vias to prc'i,c;e the same level of preventive, primary care for their target segment of the population that everyone else seeks, but in the most cost effective, efficient manner possible. The partnership sought competitive managed care proposals from a number of fully integrated networks of physicians and hospitals and competitively selected the best four. Health care is now delivered primarily through twelve neighborhood clinics operated by U'lese four networks. This program has clearly demonstrated in just a few years that its efforts have improved health outcomes dramatically and at a reasonable cost to bcth taxpayers and the medical profession. It: . Provides access to primary, preventive care to 28,000 persons annually . Replaced a fragmented, short term, emergency driven delivery approach with a comprehensive, coordinated and managed continuum of care networks . Reduced costs per member per month to near $200 . Dramatically reduced participants' number of hospital admissions. average length of hospital stay and number of unnecessary emergency room visits . Changed the health care status of the population served as evidenced by the change in nature of hospital ;=Jdmissions from preventable conditions to those that mirror admissions in the general population The program has been funded by a combination of ad valorem taxes and a local sales tax. Recently their funding has been modified to eliminate the ad valorem tax and to reduce the sales tax from .5% to .25%. The program has accumulated surplus reserves of $150 million. Carondelet Life Care Ministries in Minnesota fulfills the mission of this order of Catholic nuns to meet the health care needs of the indigent. Originally funded with less than $1 million, it now has 11 clinics strategically located in all the poorer neighborhoods in the area, The clinics are similar to Naples' Neighborhood Health Clinic in that their medical professional and staff volunteers provide free or low cost medical care to the indigent and underinsured in a manner that r;Jnors the dignity of their patients. Agend~l~'''' No,. (! OCT 2 4 ~OO Pg.- Each of their clinics is operated rent-free in a church facility or other location on a part-time basis. They merely lock up equipment and supplies at all other times. The clinics conduct 5000 patient visits per year, 20% of which are children. They charge nothing, but do request a donation. A key to their success is their volunteer base; they average over 200 volunteer physicians, nurses and admissions persons each week. All of the 800 physicians enrolled in their program, representing all specialties, are volunteers; 80% are still in active practice. The Ministries contract with local hospitals and a major pharmacy wholesaler at very favorable rates. Their annual operating budget is $500,000, with all fund raising from the private sector - from private foundations, local corporations, and one annual gala dinner party. They accept no government funding and have strong support from the local medical society. While Carondelet LifeCare Ministries is successful at meeting many of the health care needs of the indigent population at very little cost, it is important to understand that the State of Minnesota has a comprehensive, state-funded indigent health care plan in place that Florida does not. This greatly reduces the number of eligible participants seen and the length of time thf/ ~,eed to be served by the program. Marion County implemented the Marion County Indigent Health Care System in 1991, two years after forming the Marion County Indigent Care Oversight Board to address the issue of health care access by indigent residents of Marion County. At that time Marion County had a pOp<.ilation of about 200,000, 48% of whom were between the ages of 25 and 64. Their county's economy and employment status were both below state averages. Further, 55% were employed by small businesses and 75% were employed in the retail and service sectors. Their system is a public/private venture aimed at meeting the health care needs of a target population earning less than 125% of federal poverty levels and without health insurance. Eligibility screening is done by the public health department and by county employees. Primary care is provided by the health department, with emphasis on those with chronic illnesses. Patients are seen by appointment. The Oversight Board and the two hospitals created episodic care clinics to treat patients with minor non-recurring iIInesse" in order to alleviate the problem of indigents presenting themselves to hospital emergency rooms for such treatment. These clinics are staffed with a combination of paid and volunteer staff. Patients are seen on a walk-in basis. ~~~nd~f)i OCT 2 4 00 ~g. The hospitals continue to play an important role in serving the indigent care system. They continue to treat true emergencies and other medical situations requiring hospitalization and assist patients in accessing care within the indigent care system. They also assist both the primary care and episodic care clinics in the provision of ancillary services. Patients requiring specialized care are referred to a voluntary specialist by the primary care, episodic care or the hospital. 91 % of the county's specialty physicians participate. Marion County provides financial support to assist each of the other components, In 1994, the county provided in excess of $3 million. The county also provides assistance of various county departmellt;; to help coordinate services and for eligibility screening. The Marion County program has been successful in, among other things, improving health care access for the indigent and reducing the unnecessary use of hospital emergency rooms. The Palm Beach County Health District was formed in 1989 by a voter referendum. The District is funded by an ad valorem tax limited to 2 mills. Currently the District assesses .9 mills. The District has accumulated surplus reserves of $90 million. The District is governed by an independent board reporting directly to the community. Three board members are appointed by the Board of County Commissioners, three by the Goverr:!or, and one is i::!ed by the Public Health Director. Eligibility is limited to persons earning less than 150% of Federal Poverty Levels who have no other insurance. The District's eligibility screening is quite rigorous and residency is a requirement. There has been no noticeable relocation of jndigents to Palm County to avail benefits of the program. Health care is provided to members thr0' igh a public/private partnership via a managed care model. The District negt~iates rates with local hospitals and physicians ($750 per diem for in-patient days and 80% of approved Medicare rates for physicians). The local health care provider community actively supports the program. The District emphasizes primary, preventive care and insists on the same level of service afforded private patients. The District has experienced positive health outcomes including: . Members' hospital admission rates are lower than for rvledicaid patle s Agen~~te", No. / / , OCT 2 4 2000 p . o.?o . Members average length of hospital stay is less than for Medicaid patients " Members' use of hospital emergency rooms is very low While there are substantial differences in the way each of these programs is structured and funded, each has impi0\i8d the access to care of its target population. The Carondelet plan is the only one funded by the private sector, but it is uniquely "supported" by a comprehensive statewide plan The others are public/private partnerships in other Florida communities that are funded by local taxes. Each has improved the health of its target population to varying degrees Each has replaced a fragmented delivery of health care with an integrated health care delivery system that emphasizes preventive, primary care. Each has reduced the use of emergency rooms for treating non-emergency care. They show it is possible to create a win-win situation. RECOMMENDATIONS The Committee recommends that the Board of County Commissioners seek ways to provide a safety net of funding to enable some kind of public/private partnership to be created that allocates responsibility for both service and financial support among the various constituencies - the local health care industry, the business community and the citizens of Collier County. This would not preclude continuing an aggressive search for ways to attract federal and state monies and various private grants to contribute to solutions. In fact, local government funding will likely enhance such outside capital. In May, 2000 the Committee advised the Board of County Commissioners that a second committee was needed to take the Committee's findings to a new level and lead a community-wide planning effort and find solutions The new committee would need to possess the skills and experience required to evaluate the various successful models existing elsewhere, determine the likely costs, and how those costs should be allocated. The Board agreed and has since formed the Collier County Health Planning and Finance Committee. It will be the responsibility of this new committee to seek the best solutions to our local problems, estimate the costs of these solutions, identify alternative ways to allocate those costs among all constituencies and make appropriate recommendations to the Board of County Commissioners. CLOSING COMMENTS The information the Committee gathered paints a sad but accurate picture of unmet health care needs in our community. Health care providers continue to donate totally uncompensated care or care that ic, oxtensively discounted to individuals in ~~~nd.ipe7 OCT 2 ~ 200017 Pg. C2../ . need. However, the current population of needy individuals in the county has seriously outpaced our health care professionals' and facilities' resources to merely absorb into their current practices or clinics the numbers of people who are unable to pay to meet their medical needs. For many, living in Collier County is paradise. We enjoy most of the finer things in life, including excellent medical care, and have the knowledge and means to live healthy lifestyles. We truly live "the good life". Unfortunately, there is a significant portion of our community that does not have these adv.-mtages. These people are often invisible to the majority of county residents and vis,tors, but they are the people who clean our homes, do our laundry, harvest food fOI our meals and keep our pools clean and yards and streets looking beautiful. Sometimes they are women WiU10ut marketable skills who are widowed or divorced, skilled workers who become disabled, or owners of unsuccessful businesses. Worse than their lack of access to the "finer things of life" is their inability to provide for all of their basic needs, including necessary health care. There;5 . no doubt the problem is real and it is serious. Without setting and implementing the right strategy, the cost iI1 dollars and human suffering of indigent health care will most likely continue to escalate The Committee believes that, rather than continuing to deliver fragm?nted medical care, an integrated health care delivery system is needed to successfully improve the health of the less fortunate in Collier County. The entire community should benefit from an integrated approach - taxpayers, working poor and other underinsured persons, hospitals, medical professionals and the business community. Resources are limited so the cost shoUld be equitably distributed to the entire community. The old Fram oil filter commerci~l~. "Pay me now or pay me later' applies to health care as well as to,~of(~l~rlJhding care on the "front side" wili eliminate much of the cost to our~~ard system where treatable and even preventable disease is paid forll''[:..;....~Ckside.'' ~"':. The number of peopl'eW~B;r County without aCGess to health care is very real and unacceptable. The majority of these individuals are working. many at more than one job. They are trying to support themselves and their families, and only want the health care that everyone else has. Other communities have proven that it is possible to create a win-win situation - a public/private partnership;,) provide better care at less cost and improve the health, q 'dlity of life, and the pr,)ductivity of the poor and their families while spreading the cost in an equitable way to all. * * * * * We encourage readers to study the entire report, which contains added detail presented by each of the subcommittees, together with their individual otential solutions and recommendations. Agenda .\U.. NO. Sf)! OCT 2 4 lOOD I'g. rX.~ 18 We thank the Board of County Commissioners for appointing this Committee to examine the access and carfl for all our residents. We recognize that much remains to be done before appropriate solutions for Collier County are identified and implemented. We are pleased to have had the opportunity to begin this process. We eagerly await the future findings and recommendations of the Health Planning and Finance Committee. Very truly yours, Members and Advisors of the Collier County Health Care Review Committee Aoe"d~~t.e" No. Ll..D J OCT 2 4 2L Pg. c:P-.::;; .~>:':L,,~.1 19 ADDENDUM TO EXECUTIVE 51 .- MARY "'g.nd~ }JjM No. ,2 OCT 2 4 2000 pg.o? tf 20 Primary Barriers to Health Care . Cost . Access/Availability . Knowledge Agendi? 1 to.... NOo_ D { _ OCT 2 4 200( I pg. a-:;:- .................."-", 21 Recommendations of the Health Review Committee . Develop a "Safety Net" for the Uninsured through Public/Private Partnerships . Establish a Health Care Planning and Finance Committee to develop County- wide solutions (already formed) ~ Overall Conclusions of the Heal Care Review Committee Allenda tte.. No_ Ii',!! I OCT 2 ~ 2000 pg~G 22 . Access to Health Care in Collier County is a serious problem (18 0/0 uninsured) . Majority of Uninsured are Between 19-64 years of age and are Working ("trying to make it") . Community-wide oroblem requiring community-wide solutions Many examples of "Win-Win" outcomes both in Florida communities and across . the nation: . Improved health and quaiity of life .. Improved productivity .' Lower Costs . Reduced use of e~ergency rooms ~~~nd~ Ber OCT 2 4 2000 1'9 23 Health Insurance Coverage in Collier County for the Population Under 65 Years of Age, 1999 :;{"' INSURE9 82 O%~ = 30,000 Uninsured' Residents UNINSURED 18.0% Source: Agency for Health Care Administration and the Collier County Health Department . ;-~. -- :~~~d~ lJi'" O;:.~op The Uninsured Population by Age Category, 1998 ADULTS 73.0% " CHILI)RE~I 2l.0olc) Source The Kaiser Commission on Medicaid and the LJninsLJrcc' er.c the Collier County Health Department Pg. Tl'1e Uninsured Under 65 Years of Age, by Family Work Status,1998 1 or More Full-time 74.0% "Only Part-Time 10.0% No Worf;e:"s 16.0% Source Urban iilstitute, 1999 and Currer:t Population ~~LiI""\' - :~~nd~Wi OCT 2 4 2000 Pg. . . ._ I .- EXECUTIVE SUMMARY APPROVE CONSTRUCTION OF A PARKING GARAGE AT THE VANDERBILT BEACH PARK FACILITY OBJECTIVE: To improve and expand public beach access for all residents and visitors. CONSIDERATIONS: Developing and maintaining adequate beach access for visitors and residents of Collier County has been a consistent goal of the County Commission. Staff is continually examining additional ways to ensure that the public beaches continue to be accessible to everyone who wishes to use them. One approach to meeting'this growing demand for access is to increase the number of available beach parking spaces within the County. The most cost-effective method of increasing available parking is through the construction of a parking garage at an existing site. .- Vanderbilt Beach is the County's second most popular beach location. Historically, the existing 125 space ground level parking facility fills between 10:00 AM - 2:00 PM seven days a week from October through May. When the parking lot fills, traffic congestion increases as motorists drive around looking for other available parking spaces. By adding up to 275 additional parking spaces at this facility, through the construction of a parking garage, public beach access can be enhanced and severe traffic congestion at the intersection of Gulf Shore Drive and Vanderbilt Beach Road can be eased. Transportation planners and engineers consulted by Parks and Recreation have advised that while the addition of beach parking spaces at this location may result, at least initially, in more vehicles entering the area, the flow of traffic through this area will be significantly improved as vehicles are safely and easily able to enter designated parking places. Parks and Recreation staff has also confirmed, applying National Recreation and Park Association Greenspace Guidelines, that sufficient capacity exists on Vanderbilt Beach to accommodate the expected additional beach patrons. The project has been recomrriended by the Parks and Recreation Advisory Board, but not recommended by the Beach Committee and the Tourist Development CounciL Staff estimates it will take approximately two years to complete construction. Also, a series of deed restrictions on the property may have to be addressed with the Pelican Bay Foundation. The County Attorneys Office will provide legal guidance on.the County's potential obligations with respect.to this. document at the Board meeting.. .' ,") , '-- GROWTH'MANA:GE!\1EN''F: The value Mthe improvements 'to.th/! facilities will he - counted tewards the levet~f service st~dard. forpark facilities. . 0; - .' :.. . ~. ;' . : .' . .. -.. .; :- . '. Agenda Item No. gp d- OCT 2 4 2000 Pg. / . .. " FISCAL IMP ACT: The estimated construction cost of the proposed parking garage is $3.8 million dollars. Staff recommends the use of Tourist Development Funds as the most appropriate funding source for this project. The County Attorneys Office has advised that Tourist Development Tax dollars may be used for construction of the proposed parking garage (see attached memorandum). A budget amendment from TDC . fund reserves will be required, leaving a fund balance of $5.6 million dollars. RECOMMENDATION: Staff recommends that the Board take the following actions: . Find that pursuant to Section 125.0104, Florida Statutes, the proposed Vanderbilt Beach Parking Garage is a beach park facility . Find that the primary use of the garage will be beach parking for tourists and residents . Approve the construction of the Vanderbilt Beach Parking Garage . Approve the use of Tourist Development Funds for the project . Authorize the Chairman to sign the appropriate budget amendments. Prepared by: Date: /~4;0t7 mes K. Fitzek, erations Manager Department of Parks and Recreation Reviewed by: 11/' Date: /D/;/r./oo Marla Ramsey, Director f f Department of Parks and Recreation Approved by: Date: rc!r&ffC1 ;... I , "_. ~ a.. ." .).- . It ~ ". -. AllendA It~ No. df[) '(:?'-' OCT 2 4 2DDD PII- ?-- OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM FROM: Ramiro Maiialich, Chief Assistant County Attorney (1 Jacqueline Hubbard Robinson, Assistant County Attorne~ October 13, 2000 TO: DATE: RE: Vanderbilt Beach: Use of Tourist Development Tax Revenues for Parking Garage After further review, I have concluded that the County may utilize Tourist Development Tax dollars for construction of a parking garage at Vanderbilt Beach. Florida Statutes, Section 125.0104(5) sets forth the authorized uses for the revenues collected pursuant to a tourist development tax of 2% and is quite specific. It states that it "shall be used ... for the following purposes only... (the following section applies to the discussion of the parking garage): 4. . To finance beach park facilities or beach improvement.... . ..(d) Any use ofthe...tax revenues collected...for a purpose not express(y authorized... is expressly prohibited. (emphasis added). The County may levy an additional 1% tax for the above purposes, as set forth in Florida Statutes, Section 125.0104(3)(d) and 125.0104(6) by either referendum or by act of the Board of County Commissioners. On September 14, 1999, the Cullier County Board of Commissioners approved Ordinance No. 99-66. Tills Ordinance pertained to both the 2% tax levy and the f% tax levy and amended the tourist development plan. The relevant language setting forth the uses for the 2% tax employed the term "to jinance beach park facilities or beach improvement" .. .(at 70% of the net revenues collected), and continued on to state that the 1% tax would be used "to jinance beach improvement, maintenance, renourishment, restoration and erosion control." The 1% portion of the tax would be levied if passed by referendum. This ordinance was later codified in the Collier County Code of Laws and Ordinances and in all material aspects, tracks the language -in the current state statute. Approximately three months later, on December 14, 1999, the Collier Cmmty Board of Commissioners passed Resolution No. 99-475 calling .for a "straw ballot" refetendumtd be held on March 14, 2000, on the issue qf whether to 'continue the additional 1% ta.x, using the following, more limited language pertaining to the- use of the tax revenues: , Agenda Ite... "0. 'ilO.:L OCT ~ 4 2000 Pg. ..3 - continued - October 13, 2000 Page 2 ...Iofillld beach renourishment...as authorized by Section 125.0104, Florida Statutes. No other explicit use was set forth in the resolution regarding the 1 % portion of the tax. This provision can be broadly read, although some may attempt to interpret it as a limiting provision regarding the use of any tax revenues. This argument should not be totally discounted, however, because Florida law is quite clear regarding the authorized uses of the Tourist Development Tax. Use of these revenues should not exceed the specific purposes for which the tax was created. In Dobbs v. Sea Isle Hotel, 56 So.2d 341 (Fla. 1942), the Florida Supreme Court held that the rule of statutory construction is that the express mention of one thing is the exclusion of another. However, this rule should be read in conjunction with the opinion of the United States Supreme Court in a case involving statutory construction of taxation language, which held that the nature of a tax must be detennined by its operation rather than the particular des.crigtive language appliedto it. Educational Films Corporation of America v, Ward, 282 U.S. 379,51 S. Ct. ] 70 (:931). See also, City of De_ Land v. Florida Public Service Co., 161 So. 735 (Fla. 1935). In fact, in State v. OceoIa County, 752 So. 2d 530, 534 (Fh. 1999), the Florida Supreme Court interpreted the purPose of Section 125.0104, Florida Statutes as being "to pennit counties to use tax dollars to finance projects necessary to accomplish the legislature's goal of promoting tourism and economic developmem". The major issues that were presented and their conclusions are as follows: 1. Whether the l:mguage in the referendum prohibits funds being used for construction of a parking garage: Section 125.0103(d), Florida Statutes, allows the County to impose an additional 1% tax either by vote or referendum after the mitial three years of the 2% tax. Collier County elected to impose the additional tax utilizing a vote of its County Commission. Several months later, it passed a resolution asking the electors of the County, by straw vote, to approve the tax. Although the language in the resolution specifically referred to "beach renourishmellt.. . authorized by Section 125.0104, Florida Statutes.." The Notice of Referendum Election by Straw Ballot section of the resolution stated that the resolution concerned itself with beach renourish..rnent "and otter tourism-related uses". A review of the minutes of the meeting wherein the resolution was adopted clears up any ambiguity regarding the parameters of the intended uses. It is clear the commissioners intended the resolution laItguage to be as broad as the language in the state statute. The state statute included "beach park facilities", therefor, the resolution did not restrict the County's ability to utilize all 3% of the revenue collected for a parking garage. Section 126-83(2) of the Collier County Code of Laws and Ordinances, (a codification of the Seytember ordinance), states that "The additional one percent tax revenues collected.. .shall be used to- finance beach il1'provement, maintenailCe,. renourishment,'-restoration and ero~)n' control." This language tracks Section 125.0104(5), Florida Statutes. It is different from the .l. langua-ge prol'osed for the 1'eferefidum in Re~olulion No. 99-475. . However, the minutes- of the relevant commission meetings demonstrates that this language was used to avoid co the public. Florida courts condone such practices, particularly when the full text or m anin~~a lte.. No. X't)J..c OCT 2 4 000 Pg. . I October 13, 2000 Page 3 been the subject of discussion at a public hearing. Rowe v. Pinellas Sports Authority, 461 So. 2d 71 (Fla. 1984). II. Whether the term "beach park facilities" encompasses the term "parking garage": The Florida Attorney General's Office in AGO 90-55 was asked if Nassau County could use tourist development tax dollars to fund "the construction of beach parks" which would include "bath houses, picnic shelters, sanitary facilities and parking areas", (emphasis added). The response was in the negative because the state statute at that time did not include its current language, providing for "beach park facilities". Because the language of the statute has changed, this opinion, at least arguably, stands for the proposition that a parking area is a beach park facility, and as such, would be a permissible expenditure of the funds collected pursuant to the levy. (See also AGO 91-62, also rendered before the amendment). Lee County, for instance, has usc:,d ~ourist development tax revenues to fund parkin..,g facilities at their beach parks. Additionally, Collier County has previously approved the expenditure of these funds for a parking facility. The plain meaning of the terms encompass a parking facility, particularly if, as is in this case, where the parking is close by, is currently being used by beach goers for that purpose and would only be an extension of its current status. It should also be noted that a parking facility was contemplated from the very beginning of the County's possession of the site, as set forth in the deed. III. Whether the parking facility needs to be approved by The Tourist Development_Council in order to be a lawful expenditure of funds: Section 125.0104(4)(d) states that a county shall adopt a tourist development plan that sets forth the list, in the order of priority, of the proposed uses of the tax revenue by specific project or special use as part of the ordinance levying the tax. After levying the tax, the plan may not be altered except by a super majority vote of the commission. In the instant matter, the commission adopted a plan that included, among its uses, "beach park facilities". The Tourist Development Council, (TDC), has, however, disagreed with the proposed use of funds for a parking garage at Vanderbilt Beach. It did not, however disagree with the category and has, in the past, approved the use of funds for the construction of a parking garage as a beach park facility. The County Commission, after approving. a tourist development plan, has the authority, pursuant to Section 125.0104(4)(a), Florida Statutes, to amend the plan by a super majority vote in order to expend funds for a purpose opposed or not recommended by the TDC. The TDC however, has the power to review such expenditure and report any, which it considers unauthorized to the Florida Department of Revenue. See Rowe, supra. During its July 17, 2000 meeting, the TDC rejected the parking garage by a vote of 6 to 2. There was, however no dis;ussion ofth~ touristdevel()ument plap at the time !lfthe vote and. / arguably, this position was not taken because the parking garage was inconsistent with the p-Ian. . . , ~ - .... ... . . ~ . .. . Agend~J~em 110. J, ;L./ OCT 2 4 JDOD Pg. ,~ October 13, 2000 Page 4 IV. Whether the Declaration of Restrictions and Protective Covenants attached as Schedule "A" to the deed of conveyance is enforceable against the County: Restrictive covenants are agreements that certain land will only be used in a certain manner, and contain such restrictions as building height, lot size and use of the subject property. Hill v. Palm Beach Polo, Inc., 717 So.2d 1080 (Fla. 4th DCA 1998). In Florida, these equitable servitudes have been regarded as arising out of contract and created out of equity. Homer v. Dadeland Shopping Center, Inc., 229 So.2d 834 (Fla. 1969). Although injunctive relief is available for breach of these covenants, equitable defenses would apply to their enforcement. For instance, Florida courts have held injunctive relief was inappropriate when the plaintiffs' had committed similar acts, had violated the covenants themselves, or had failed to establish a diminution in value of their property as a result of the breach. Pilafian v. Cheny, 355 So. 2d 847 (Fla. 3,d DCA 1978); Sorununka v. Cook. 343 So. 2d 51 (Fla. 2M DCA 1977). In order to rec9veE at law, damages, partjcularly regarding the value of!)1e grantors' property, would have to be shown. Ordinarily, restrictive covenants cannot be enforced against a public body, whether by eminent domain, purchase, or through dedication. Ryan v. Town of Manalapan, 414 So. 2d 193 (Fla. 1982). Governmental bodies may, however, enter into restrictive covenants to which they expressly agree. Norwood-Norland Homeowners' Association, Inc. v. Dade County, 511 So. 2d 1009 (Fla. 3'd DCA 1987). On or about April 13, 1982, the grantor of the parking garage property, Coral Ridge- Collier Properties, Inc., transferred it to Collier County by virtue of a quitclaim deed. Coral Ridge-Collier Properties, Inc. was purported to be a Florida corporation. The recitations in the deed state that the land conveyed was a "gift" conveyed "in fulfillment of its obligations under the Pelican Bay PUD Ordinance.. .No. 77-18." There is no recitation of any consideration from the County. It purports to quitclaim to the COurlty, among other matters, "that certain Declaration of Restrictions and protective covenants. ..attached hereto. ..as Schedule A." Florida law provides that no consideration is necessary for a valid transfer of land by deed. Chase Federal Savi!1l~_~nd_Loan A~2~iation v. Schreiber, 479 So.2d 90 (Fla. 1985). The grantor expressed its reasons for the deed restrictions in Article III, paragraph 5 of the attached Sc.hedule A, as being "to conserve and protect the natural resources and scenic beauty" of th". site. It should be noted that within these same documents, the grantor accepted the responsibility for constructing a 120-vehicle parking lot on the site. Thus, the current site has been used for public parking for some time and is a paved, marked area, certainly not in its original pristine state. The restrictions in Schedule A attached to the deed that pertain to the parking garage are as follows: (a) written approval prior to construction of any building; (2) no building or facility size in excess of 1000 square feet; - (t:) no building height in e~cess of 20 feet. . ".'; . ,Although further analysis is necessary before reaching a definitive conclusion regarding this issue, there are at least four, and possibly other arguments that can be mad 'ainst the enforcement of t~le covenants: Ag",nd41 tern No. 'Ii.. ~ OCT 2 4 Inno Pg. (p > - .' October 13, 2000 Page 5 (a) There is no consideration other than the restrictions themselves, for the delivery of the land dI1d they may not be enfOr.:t:able; (b) Circumstances have changed, panicularly with the growth of Collier County, so that a 120-vehicle parking lot is simply inadequate. (c) The proposed parking garage is a mere vertical extension of an already existing parking facility that was always part of the beach park. (d) There are no articulable damages to the adjacent property owners that would result from its construction. Please note, however, there is a reverter clause that applies if the land is no longer used for a public beach. This may be a non-issue however, because Coral Ridge-Collier Properties, Inc. may well COIlSenj to the construction of the garage. This is particularlY probable because the Ritz-Carlton Hotel has 2Jl identical parbng garage a few blocks up the street. V. Whether There is a Restriction on the Use of the Additional 1% Tax For Beach Park Facilities in the Collier County Code of Ordinances: Section 126-86( a)( 1) of the Collier County Code of Ordinances sets forth as one of the uses of the 2% portion of the Tourist Development Tax.. ."'1'0 finance beach park facilities or improvements..." Section 126-86(a)(2) states that the 1% portion of the tax "shall be used to finance beach improvements..." Deleting the word "beach park facilities". This section, however, does not explicitly forbid the use of the funds for beach park facilities nor does it utilize the word "only". It does direct the funds for use for beach improvements in general. The American Herita~e Dictionary, Houghton Mifflin Co., Boston, MA 1982, defines the word "improvement" as synonymous with "enhance" and means "to make beneficial additions or changes". It expbins the word by stating "Improve, the most general term, refers to an act of raising in quality or value or of relieving an undesirable situation". The word "facility" is defined as " something created to serve a particular function". A parking garage can arguably be both an "improvement" and a "facility." It should be no led, however, that Florida courts have consistently held an established statutory construction principle to be expressio un ius est exclusio alterius or "the mention of one thing implies the exclusion Ofa!lOther". Thayer v. State, 335 So. 2d 815, 817 (Fla.1976). Although the code provisions track the state statute,l there is no discussion regarding restricting the meaning of the ordinance terms that would have prohibited the use of the funds for a parking facility, (as opposed to an improvement). It appears from the minutes pertaining to the adoption of the referendum that the commission wanted only to retrict the use of funds to "beach projects" as opposed to other, legitimate uses of TDC funds. Renourishment projects clearly had a priority, but were not the sole priority ofthe commission. In fact, when given an opportunity to limit t~e explanatory language in the referendum, the commission explicitly chose t to do so. . '.' '. Agen<h, 'l'tem No. ~ {)2 / OCT 2 4"200 ~ . . . " . ,'....,. - Tht: languugc of tht: co:k j.Jm\oiswns lh.,( rell:r to the 1% md the 2% Jlortions of the t:l..x creates bmbiguit becnuR9t* pi'tCISdy lTnk the l:o.Tlguag.; ot' the S~!C St:All\tC. Section l25.0104(5)(a)4, Fla. Slals. mJkes ~ distinction cae p~r f~;,;jli!i~:-;" J.nj "()e~ch impruvcmelas" by ;ns,;rti:lb the word "or" bdweo;:n thenL - ,... .' October 13, 2('00 Page 6 An attempt to resolve this by fererence to the minutes of the Board of County Commissioners shows that the Commissioners repeatedly favorably refer to "Category A" when discussing the acceptable uses of the 1 % portion of the tax in the August 3, 1999 minutes and that provision includes "beach park facilities". The September 14, 1999 minutes and the December 14, 1999 minutes, however, clearly demonstrate an attempt by the Commissioners to restrict these funds to beach renourishment and "other related activities" as provided for in the state statute. The other related activities were not restrictively mentioned, except for advertising, (the state statute provides for both facilities and improvements and both the ordinance language and the language of the referendum support this broader view). During the December 14, 1999 meeting the following exchange took place regarding the use of the 1 % tax revenues: COMM1SS lONER NORRlS: Does that allow you to use it lor pass maintenance and that S011 of llur:g'i ,MR. MIHALIC: Yes, all those category.. . any oftho~e category A activities that we have undcr oar "rdinance. A persuasive argument, therefore can be made that 70% of the 2% portion of the tax and 1 00% of the 1 % ponion of the tax are to be spent for "beach related items" or "100% for beach", (phrases used by the Commissioners), and that includes a parking garage, (clearly listed in CATEGORY A). This argument can be strengthened by a finding by the commiss:oners that the parking garage promotes tourism in Collier County. To summarize, at the very least, the 2% tax may clearly be used for the construction of the parking gar:.lge and :.l very strong argument can be made that the I % portion may also. JHR:gb cc: David C. Weigel, County Attorney . .... , ; ; _. . t ~ . ". -. . It ~ , "gend._J~'" 110. fLJ~ OCT 2 4"';000 pg.~ J EXECUTIVE SUMMARY RECOMMENDATION THAT THE.BOARD OF COUNTY COMMISSIONERS GIVE DIRECTION TO THE OFFICE OF THE COUNTY ATTORNEY AND RISK MANAGEMENT DEPARTMENT IN RESPONDING TO PROPOSAL FOR SETTLEMENT FROM JEFFREY POPP IN POPP V. COLLIER COUNTY, CASE NO. 99-3286-CA, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. OBJECTIVE: To obtain Board direction for a response to the proposal for settlement from Jeffrey Popp in Popp v. Collier County, Case No. 99-3286-CA, pending in the Twentieth Judicial Circuit in for Collier County, Florida. CONSIDERATIONS: Attached to this Executive Summary is an Executive Summary that appeared on the September 26, 2000 agenda. At that time, this item was continued at the Board's direction to allow for an attorney-client session as to settlement negotiations and strategy related to litigation expenditures on October regular meeting and directed that this item be brought back before the Board at the next Board meeting. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: See attached Executive Summary. RECOMMENDATION: The Office of the County Attorney and the Risk Management Department request that the Board give them direction in responding to Mr. Popp's $11,900.00 offer proposed for settlement oLthe lawsuit referenced above. 1 I ('!' ~/ ~ - /!"1 -'. . J Prepared by: _ .. / i L. I 1.-; A. '. Date: / C / J (. . / Michael W. Pettit, ' . Assistant County Attorney Reviewed and Approved by: ,---... _/ ~ )-/7'" l...::#:.:/h ~ jlli\Valker, Risk Management Director Date: /02A,) Reviewed and Approved by: #4.Ju/J t1'6t~~~ David C. Weigel, County Attorney Date: '" Ii.! I Db , I h:Oebbie Armstrong\Executive Summaries\Popp 101300 AGENDAJ'IEt-f NO. q uu.. OCT 2 4 2000 Pg. \. - , , ~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS GIVE DIRECTION TO THE OFFICE OF THE COUNTY ATTORNEY AND RISK MANAGEMENT DEPARTMENT IN RESPONDING TO PROPOSAL FOR SETTLEMENT FROM JEFFREY POPP IN POPP V. COLLIER COUNTY, CASE NO. 99-328~CA, PENDING. IN THE TWENTIETH. JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. OBJECTIVE: To obtain Board direction for a response to the proposal for settlement from Jeffrey Popp in Popp v. Collier County, Case No. 99-3286-CA, pending in the Twentieth Judicial Circuit in for Collier County, Florida. CONSIDERATIONS: Previously, the Board authorized the Office of the County Attorney and the Risk Management Department to make a $5,000.00 proposal for settlement to Mr. Popp in an effort to settle Mr. Popp's claims against the County and three County employees. As the Board will recall, each of the County employees has obtained counsel at the County's expense. Since the Board authorized the making of the $5,000.00 proposal for settlement; Mr. Popp proposed that his claims be settled for $11,900.00. Mr. Popp has also dismissed without prejudice his claims against the three County employees. Mr. Popp is free to reinstate those claims, however, and plans to do so if the Board rejects his proposal for settlement. A complicating factor in the case is Mr. Popp's claim for unemployment compensation. Under Florida law, the County cannot effectively and legally obtain a release of any such claims. Further, the attorneys at the Unemployment Appeals Commission have..advised Mr. Popp's attomey and the Office of the County Attorney that even ifthe County should withdraw its opposition to Mr. Popp's claim for unemployment, it still would be up to the Commission to decide how to treat Mr. Popp's claim for unemployment. Given this complicating factor, the Office of the County Attorney and the Risk Management Director are not recommending a change from the County's original proposal at least at this tir. 'e, but do seek Board direction as to a response to Mr. Popp. . GROWTH MANAC~ENT IMPACT: None ASCAL IMPACT: /\tof this dilte, the County has incurred approximately $5,600.00 in expenses in defend~ against Mr. POPp'5 claims. Assuming that all three individual defendants as well as the County must prepare for and go to trial, it is estimated that the County may incur additional attorneys' fees and costs of between $50,000.00 and $70,000.00. In addition, if Mr. Popp's recovery exceeds his proposal for settlement by 25%, the County may be subject to paying Mr. Popp's p , NO. OCT 2 ~ 2OllO 9- Pg. 1 D<< c $11,900.00 were to be accepted, the County's future expenses would be limited to that amount plus any unemployment compensation that might be awarded to Mr. Popp. Mr. Popp is potentially able to claim unemployment compensation of between $6,200.00 and $7,000.00. At this time, funding for any settlement or judgment would come from the County's Self Insured Retention Fund, i.e., Fund No. 516-121-650. The funding of any unemployment compensation received by Mr. Popp would come from the County's General Fund. , ., , - ,. RECOMMENDATION: The Office of the County Attorney and the Risk Management Department requests that the Board give them direction in responding to Mr. Popp's ::~~::::::offer. .v#vlt/ 1# Date: . q J {F J (J (J Michael W. Pettit, ~ Assistant County Attorney Reviewed and Approved by: ~6- e Wa er, Risk Management Director Date: c; Ii Y/;; t1 , I Reviewed and Approved by: ~A;J t!i~~/ David C. Weigel, County Attomey Date: 1fr~ h:Debbie Arrnstrong\Executive Summaries\Popp 091800 ~D~~ ot-:- 2 4 2000 2 Pg. .-::> , NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that the Board of County Commissioners of Collier County, as announced at the October 10, 2000 Board meeting, and pursuant to Section 286.011(8), Florida Statutes, will meet in executive (closed attorney-client) session on TUESDAY, OCTOBER 24, 2000, at 2:00 p.m. or at the conclusion of the regular meeting agenda, whichever occurs earlier in the Commission conference room, 3'u Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations and/or strategy related to litigation expenditures of the pending litigation case of Aria Bernstein v. Collier County, Case No. 00- 14229GG, pending in the U.S. Court of Appeals, Eleventh Circuit. Persons in attendance will be the Board of County Commissioners, County Manager Thomas W. Olliff, County Attorney David C. Weigel, Assistant County Attorneys Ramiro Mafialich and Michael W. Pettit. The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attomey-client session and the names of the persons attending. At the conclusion of the "ttomey-client session, the meeting shall be reopened and the person chairing the meeting shall announce the tcrmination of the session. The Board shall then proceed to hear Agenda Item 9(C), Board Direction Regarding Settlement Proposal and Mediation in the Case of Bernstein v. Collier COUllty, Case Number 00-14229GG. The transcript shall be made part of the public record upon conclusion of the litigation. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/ Maureen Kenyon Deputy Clerk (SEAL) ~~E~~Atl~ OCT 2 4 2000 Pg. , r EXECUTIVE SUMMARY BOARD DIRECTION REGARDING SETTLEMENT PROPOSAL AND MEDIATION IN THE CASE OF BERNSTEIN V. COLLIER COUNTY, APPELLATE CASE NO. 00-14229GG. (COMPANION ITEM TO AGENDA ITEM 9(B) TO BE HEARD IMMEDIATELY AFTER AGENDA ITEM 9(B).) OBJECTIVE: For the Board of County Commissioners (Board) to direct the Office of the County Attorney in responding to an apparent settlement proposal in the case of Bernslein v. Collier County, Case No. 00-14229GG, which is pending in federal court. Additionally, for the Board to provide instruction to the Office of the County Attorney in regard to court ordered mediation. CONSIDERATIONS: The case of Bernstein v. Collier County involves allegations by the Plaintiff of sexual discrimination as a result of the County's failure to hire Plaintiff for the position of Community Development Services Division Administrator in 1995. On March 31, 2000 the Honorable Douglas N. Frazier, United States Magistrate Judge, issued a Report and Recommendation to the United States District Court recommending that the County's motion for summary judgment be granted. On June 7, 2000 the Honorable Susan C. Bucklew, United States District Judge, adopted and incorporated the Magistrate Judge's report and recommendation and granted the County's motion for summary judgment in this case. The order directed the clerk to enter judgment in favor of the County and close the case. The Plaintiff has appealed the District Court's decision to the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia. The Court of Appeals directed the parties to mediate this case. Said mediation is scheduled for November 9, 2000. On August 25, 2000, Plaintiff's counsel submitted to the Office of the County Attorney what appears to be a settlement offer outlining fees and costs incurred by the Plaintiff to that date. Said document is attached. Pursuant to Section 286.011 (8), Fla. Stat., the Office of the County Attorney will meet with the Board in closed session to discuss settlement and strategy for litigation expenditures related to this case. As a result of said session, the County Attorney's Office will need direction from the Board with regard to the apparent settlement offer from the Plaintiff and the County's approach to the mediation. FISCAL IMPACT: The fiscal impact depends on whether any settlement amount is authorized by the Board. Funds for any such payments are available in the Property and Casualty Self-Insurance Fund GROWTH MANAGEMENT IMPACT: Not applicable. ~~N~{l[f__ OCT 2 4 2000 Pg, ---L- RECOMMENDATION: That the Board direct the County Attorney's Office in regard to the apparent settlement offer and mediation in the Bernstein v. Collier County case which is pending in federal court. SUBMITTED BY: ~.~~te: amiro Manallch Chief Assistant County Attorney /O-{:,-oo APPROVED BY: ~11-~~ David C. elgel County Attorney Date: It) -f.?-OC; h:DA\ExSum\Bertstein 101300 ~g~~~%^\-" DC 2 ~ 2000 PI" d- '>:fl. ________ 2 WALTERS LEVINE BROWN KLING ENSMITH &THOMISON.\ ---.--------" ~\~ r1'~ cY EL,',\lOR E. BAXTER JOhN E. BROWN" \, -r T () :< ". 1: y" A T \\ August 25. 2000 H. JACK KLINGENSMITH ~'y..\-I STUART JAY LEVINE V ~ \ NICOLETTE M. MASON C /;/' \ \'\ ALAN M. ORAVEC"'. . V V'~ DONAt.CJ "V SCARLETT, JR \:' .JOSEPH F. 5UMMONTE. JR ~ C LE!GH E. THOMAS JA/"1ES <:. THOMISOW'. JOEL W WALTERSu., VIA FACSIMILE (941) 774-0225 ASD U.S. MAIL Ramiro Manalich, EsqUire Michael W. Pettit, Esquire Office of County Attorney 3301 East Tamiami Trail, 8th Floor Naples, FL 34112 . 30J'CCerul,edReal Esl.teMorney ... Bo~raCi."ilfiedHfJlthL"wMornev .... C",:.I;~, C"cuil Court Mediator ;::~1AIL: Re: ArIa Bcrnstcinv. Collier County Case No. 99-184-CIV-FT\I-24D Dear Mike: ~"') ::l Fees and costs to date are: - - --,," I) Cohen & Kandel I. PA a) Costs b) Fees r'-) I-:J 5 2,04 1.66 520,(1)1)1)0 I 2) Walters Levine Brown Klingensmith & Thomison, P.A a) Costs S 9,46895 b) Fees 551,79850 '-0 Sincerely, WALTERS LE\!"lE BROW", KLINGENS:VllTH & THOMISON, PA. By: ~~/ H. Ja Klmgensmlth - ~ HJKJsb ~~~~~ OCT 2 4 2000 -0 3 ~~. -_....~.~-- .j ~ - NQRTHEF1N TRusr PLAZA 1515 RINGLlNG BLVD SUITE 900 SARASOTA. Fl. 3..;;'35' ;::>0 BOX 1.:.79 SARASOTA, FL J4230-1479 (941,: 364-8787. FAX: 1941) 361-3023' WE3SITE: '......ww,,.,.alterSip.'(lne ::CJ!T1 .' OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 31, 2003 on the Parks and Recreation Advisory Board. CONSIDERATIONS: Representation on this board consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. This 7 member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. Mr. Charles M. McMahon, Sr. resigned his seat on June 8, 2000 after becoming a candidate for election. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR AnV. COMM. John P. Ribes Mark C. Benson Urban Urban None None COMMITTEE RECOMMENDATION: In order of expertise: John P. Ribes Mark C. Benson FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMP ACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to fulfill the remainder of the vacant term, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 24, 2000 ~ AGENDA ITEM NO. / If) f7 .' ". ~ '..--. " . CCT Z ~ 20DO f'&. I Memorandum To: From: Sue Filson, Administrative Assistant Board of County Commissionens Marla Ramsey, DirectorlAbR Department of Parks and Recreation :": "jr:(:',~; '...." &.........,i ," ~)t : ~ " Date: September 28, 2000 Subject: Parks and Recreation Advisory Board At yesterday's meeting of the Parks and Recreation Advisory Board, applicants were considered for appointment to this Board. The following recommendation, in order of expertise, was made: 1. John P. Ribes 2. Mark C. Benson If you have any questions, please call 353-0404. ~ ^ ti... .'.' , . . . -...- .... '.--~.-. . - '- . . ..' AGENDA ITEM NO. /017 OCT 'L ~ L0J3 Pg. 0< Parks and Recreation Department . ~-,-..._--- - Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term H011Jl! Phone DatdlHlppt 2ndExpDate 2nd Term Lindy D'Amico 403-5130 06/22/99 12/31/02 3 Years 1303 Solana Road 649-4093 Naples, FL 34103 District: 4 Category: Urban Mary Ellen Rand 437-4601 10/26/99 12/31/01 2 Years 550 l10th Avenue, N. 514-3763 Naples, FL 34108 District: 2 Category: Urban Samuel E. Wellbom 02/08/00 12/31/03 4 Years 815 Nursery Lane 455-4694 Marco Island, FL 34119 District: 5 Category: Urban . 4-c"J C'J.l, 5'5'" to V" Charles M. McMahon, Sr. (e ",,\~,ec. 10/26/99 12/31/99 4 Years 4416 27th Court, S. W. ep. 353-2055 10/26/99 12/31/03 Naples, FL 34116 District: 3 Category: Urban Lisa H. Barnett 649-4900 1/12/99 12/31/02 4 Years 1105 Royal Palm Drive 643-9703 . Naples, FL 34112 District: 4 Category: Urban Edward Olesky OS/26/98 12/31/98 7 Months 6001 Lake Trafford Road 657-2401 1/12/99 12/31/02 4 Yrs. Immokalee, FL 34142 .... District: 5 Category: Immokalee " , . , -:.. . . .' ..~ "" - -~..- '- AGENDA I~ .. NO. If) . - wednesday, FdJruDI'Y 09, 200/1 ' Pog.l0[2 OCT 24 Z8CJ Pi- ~3 Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term John Grice 326 Charlemagne Boulevard, 1204 Naples, FL 34112 District: 1 Category: Urban 12/16/97 12/31/01 4 Years 774-5517 This 7 member committee was created by Guidelines established on 11125f75 and confinned by Ord. No. 93-81 to advise the Board of County Commissioners on any matters conceming acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. Terms are 4 years. FL STAT: Smff: Marta Ramsey, Parks and Recreation Director: 353-0404 ,'S' --..... '.. , 11'... .. -- ..... . ~ . ". . ~~tWM . ~ .. . . . CeT 2 ~ 2000 PI- L( WednudJzy, &bruaiy 0', 2000 Page 2 of2 MEMORANDUM DATE: June 28, 2000 ,~ECfntEO JUN 2 9 2000 FROM: Vinell Hills, Elections Office Jf/ Sue Filson, Administrative Assi ~~ \ Board of County Commissionerk.r Board of County COmmissjoners TO: 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. PARKS AND RECREATION AnV BOARD JohnP. Ribes !,r,7 J,"~e'c. Dr 218 W oodshire Lane Naples, FL 34105 COMMISSION DISTRICT 1 Mark C. Benson 56 Banyan Road ~ Naples, FL 34108 q ~ Thank you for your help. ,oj' .......... ., . . AGENDAo 'W . NO. Lj:. . ~ .. - ." -. eCT 2 4 200~ PI- ,<!::) . . :~ . .' MEMORANDUM DATE: June 28, 2000 TO: Marla Ramsey, Parks and RecreationDi'~. o.r / Sue Filson, Administrative Assist~- " Board of County Commissioners - ~ FROM: RE: Parks and Recreation Advisory Board 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 a resume for consideration. I have attached the resumes received for your review as follows: John P. Ribes 218 W oodshire Lane Naples, FL 34105 Mark C. Benson 56 Banyan Road 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 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 . ."!'- .. " .. .--:; , ." AGENDA.ITEM NO. /0 ~ . OCT 24 LOuO PI- ( f) .......- ".... Sent.BY: J*ROLAND*LIEBER LANDSCAPE ARCHIj9412615378; Jun-23-00 10:52; Page 1 Jl Q ~@nCID[fi}td] [L,~~[b)(~[f~ lJ>>~ landscape Architects Landscape Design, Planning and Management LA#171 Jaok Ueber, FASLA . Ellln ~ ASLA John Rib... ASLA Compsny: ~~llb. ~ t"I\o.~ , AOM. ~. ~"$'O t:JIf' ~Mn'1 ~1t'JS1ClI"" I To: Fu. No.: 77+ ~(.,(:>%.. Psg..: ~ Including cover sh..t. fRf,CE1VED IUN ;1 3 2000 Phone: ... Date: Go.1.~ -oC ~.rd Df CountJ Com.i~sionert From: Jottli ~llt:tilE> Remsrlca: Vot.Otn~ /I1C'i1~ f'c:i"jlv~. i~~ ~ 1 itJ.~ ~ ~ ~"i1itl t1(r ~l.- ~ ~. 1>6 A. UfoOitGl'5 ~ -.. - -- .-.." .-. . I~ ~ c.otlt-'T"'f ~ ~ "..-.7 ""1ettfl~ '~'l. '" ~ \\.l~ ,~ .,OQ.. c.ol'l\mONrtj.~ ~I~_ twtao~tii1i' -~~. I ~1Olii "''f :z.\t> 'tIOCDSt\\GS ~6 I ~p~ I F\.. ~IOIP. _ ~~-: ~.~:~~~~ \1" I ~Jo.I..If"1 Dfl. CAIJ ~ CcNSIgwfll> t"oL 1>t4'1 elF ~ .~- Copy to: " .~~ ?DS6 ~1\4!P.l.,. . ~ ~ ~ .pl,& A.\7Aael ~I\LC To 1iW bItf~ . _' . . A~9A ITEM. .' .-'" . OCT 'J ~ ^~-- L ,"UV ~?- 399 Twelfth Avenue SQuth, Neples, Flortda 34102 941-281-4007 Fax 94 "281 E:mail jrtpa@aol.com www.jrtpa_com Fort Lauderdale 9~'764'6689 Pi. 7 . Sent.By: J*ROLAND'LIEBER LANDSCAPE ARCHI;9412615378; Jun-23-00 10:52; Page 2/3 Jl D ~@O~l1'ilcdllbn(j[h)~I111 ~@ Landscape Architects Landscape Design, Planning and Management LA#171 Jack Ueber, FASLA Ellln Goelz. ASLA John Rlbu. ASLA . JOHN P. RISES. A.S,LA Landscape Architect. Associate: In charge of Project Design, Management and Golf Course Landscape Design . Mr, Ribes was educated at louisiana State Unive~ity, College of Design In Baton Rouge, Louisiana, were he received his Bachelor of Lands~pe Arehitecture. He is II registered Landscape Architect in the State of Aorida and Louisiana, and is a member of the American Society of Landscape Architects. Mr. Ribell was formerly an Assilltant Professor of Landscape Architecture at louisiana State University in Baton Rouge, Louisiana. He joined the firm in 1990, His community and professional involvement includes: Panelist for the National Endowment for the Arts, Southeast Regional Program; National Endowment for the Humanities Grant Selection Committee; Historic Preservation and Restoretion Advisory Committee; Past President, ASLA louisiana Chapter: State of Florida Professional Awards Program; Design Jury Member; Uniform Nation Exam; CLARB Regional Review Instructor; Public Art In Public Places; Task Force Advisor; and Guest Lecturer. He joined the firm in 1989, J. Rcland Liebe' PA.. Land'eope A,o"".'" 3llV 12"Ave"ue SO\d" Nap,... Flo_ 34102 1141.281~07 Fa. 941.281-~318 ~ ~ (, , . ":. '. -.. . " .,.~ ... .........- "--:"-..; - , ~~%'W. .'. OCT 2 4 "~'J Lv_ PI- t . Sent. By: J*ROLAND*LIEBER LANDSCAPE ARCHlj9412615378j Jun-23.00 10:53; Page 3/3 JOHN P. RIBES, Landscape Architect. Associate; In charge Of Project Design and Management EDUCATION: 1958-62 Louisiana State University. College of Design. Baton Rouge, Louisiana. Bachelor of Landscape Architecture, August 1962.' REGISTRATION: LANDSCAPE ARCHITECT State of Florida. State of Louisiana. AFFILIATIONS: American Society of Landscape Architects, Member. American Institute of Architects, Affiliate Member, ACADEMIC EXPERIENCE: 1976-81 Louisiana Slale University. School of Landscape Architecture. Baton Rouge, Louisiana. Assistant Professor of Landscape Architecture. COMMUNITY I PROFESSIONAL INVOLVEMENT: National Endowment for the Arts, Southeast Regional Program Panelist. National Endowment for the Humanities, Grant Selection Committee " '",' Historic Preservation & Restoration, Advisory Committee. ASLA, Louisiana Chapter, Past President. ~ , State of Florida ~rofessional Awards Program, Design Jury Member. , . .... " . .....;.. -- . . .. . : U'niform Nation Exam, CLARB Regionai'Review Instructor.' '. ... ~ -.... .,. " :..." . . 11 ... .- .' Public Art in Public Places, Task Force Advisor. ".', "" - "..? -. ."......-, AGENdA ITEM' .. . NO. /0 rL C"T ')), "MJ t... L' LvI..: Pi- '1 Guest Lecturer. 06/23/00 FRI 14:54 FAl 19415970402 lIARSH - NAPLES 141001 -- Date: To: From: Subject: ..)' . Facsimile Transmittal Sheet Manh USA Inc. 5801 PoJlcm Bay Boulc_d, Suite 400 CS 1Iox4UOO3 Naples I'L 34101.3003 9415970501 FL"t: 941 5970400 MARSH An AMtC Company June 23, 2000 Pages, with ClJVer: 2 SUIl Filson Fax: 941 7743602 Mark C Benson Advisory Boards Per my telephone QOnversanon with Dawn Jantsoh, I am interested in participating In the following advisory committees: ~ .l. 4. -5-, HistorioaJ/ Arobaeologioal Preservation Board Parks and Recreation Advisory Board Baehk PI...mins Cul1ll..l1 ufS"ulhw..1 f'lwidll Pnhli" ." \.hicle-Advisory Cammitt<<. IlIIlIlOkalec B-eauttflettliell-MS~~-Gemmm", Attached is a resume for your rcMcw. Tfyou have any questions or require additional infonnation please feel free to call me. Regards, r:ft& AGENDA ITEM NO. /0.fL eCT 2 4 Z~:G PI- /n .'-"'" '.' , -. " . . . '/'h. itlfi"'nation COlItoin.iln thl$Jar:1i;mi~ m..so8' if ,'o,fptkntio!. ill")' b. pttvilegqiJ. and is iilten'*"Ja. the ",..qf!M . indM~1 or .ntily """,.d eJ",,<, U you, the readtr oftliis ",."iJg., a", no/thi int.niled ,.."tpl.n4 1M lig;ni, or ""I''''Y'; ",p<>T/Jlbl. fi;r dolIVII,I"1I Ihi, tr01UmlSJiOn to the int.ndednciplent you are expressly pNlhibite"from capyi~ dwemlnatinll d/$/ributing, or in ally other WO)i using IJIIY of the ;nJtmnation con/oined In this fo"slmll. m'''ag<. lI:\d4l1YMDt.),U44d Md:"''MutB_\PiI~OlI Fo 5-l).ooJlall 06/23/00 FRI 14;55 FAl 19415970402 Mark C 1lau0ll Vice Prollident E:lDerienee 1'91 - Present J990 - 199' 1916 -1990 1985 - 1'86 JuduSI" SDeelalities Education Personal AffllIatioDs ~j' . . . MARSH - NAPLES Marsh USA Inc. S801 Pelican Bay Boulevml, SUite 400 CS Box 413003 Naples FL 34101.3003 !/4IS970S0IFBX:94159704oo Marlc.C,BlIIIiUo@Monhmc.oolll Manh USA Inc. - Naples Middle Market Practice Leader SedllWiek - Napln Business Devel'?Pment Director AccOIBlt Executive Fred S. Jam",. Naples Account Executive Crump Compania - Naples Trainee Real Estate Development Awiculture CMS/Consulting Healtheare Retail Public Entity ,. 1l!I002 MARSH An MIIC Company Bachelor ofSciencelCommunications Florida Southern College Study Abroad University of Edinburgh/ScotIand Harlaldon Colleic:/Eniiland L1o).'ds of London ExChange Proil'lm 1990 Accredited Advisor of Insurance Third Generation Floridian Have Resided m Naples for 37 Yean Urban Land Institute Florida.Fruit and Vegetable LeadershiJl CoIlier Risk and fusutllnce Management Society ...-.............. . '.' , -, , - " ~t 'J!:~ eCT 2 ~ ~::J I Pi- II . ~ !'i OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on February 28, 2002 on the City/County Beach Renourishment Maintenance Committee. CONSIDERATIONS: This II member committee was established by the City of Naples Resolution No. 91-6295, as amended, and Collier County Resolution No. 92-656 as a technical advisory committee to formally advise the Board of County Commissioners as well as the Naples City Council. This committee consists of2 City Council members, 5 citizens (appointed by the County), 4 citizens (appointed by the City), and 2 non-voting technical advisors. Members must file a Form I Financial Statement each year with the City of Naples. A list of the current membership is included in the backup. Mr. William M. Ring resigned his position on August 5, 2000. A press release was issued and reswnes were received from the following interested citizen: APPLICANT CATEGORY D1ST ELECTOR ADV. COMM. I James L. Snediker I Collier County ~I None COMMITTEE RECOMMENDATION: James 1. Snediker - FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint I member to fulfill the remainder of the vacant term, and direct the County Attorney to prepare a resolution confirming The appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 24, 2000 AGENDA ITEM NO. Ie L CeT 2 ~ i::J .- Pg. / Memorandum RECEIVED From: Sue Filson, Administrative Assistant ~~;n~ commi~sioners arry Huber, Project Manager III Department of Parks and Recreation " \."" D 4 2000 To: , _~:;~t ~~~~'SSlcr~. Date: October 4, 2000 Subject: Beach RenourishmentlMaintenance Committee I am in receipt of the reswnes from applicants for the current BCC vacancy on the subject advisory committee. Such was forwarded to the committee for their review and recommendation. At their regularly scheduled meeting on October 3, 2000, the Committee unanimously recommended the following applicant for appointment: James L. Snediker If you should have any questions or require additional information, please advise. :.o~d!JM O"T 2 4 ~~...~ L. LUUU Pg. .:? / Parks and Recreation Department City/County Beach Renourishment Maintenance Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Kelly Samek 03/14/00 02/28/02 2 Years 4950 Sycamore Drive 455-0677 Naples, FL 34119 District: 3 Category: Collier County David A. Roellig 06/22/99 02/28/01 2 Years 6000 Pelican Bay Blvd., #204 594-2210 Naples, FL 34108 District: 2 Category: Collier County Andrew D.W. Hill 263-8778 03/14/00 02/28/02 2 Years 405 Germain Avenue 592-7207 Naples, FL 34108 District: 2 ,,0 Category: Collier County ,/, S~5 ~ William M. Ring /(t5~" 03/14/00 02/28/02 2 Years 425 Dockside Drive, #705 593-3710 Naples, FL 34110 District: 2 Category: Collier County Kenneth H. Dunne 01/20/98 02/28/0 I 3 Years 133 Sharwood Drive 594-0269 Naples, FL 34110 District: 2 Category: Collier County James H. Brennan 04/22/96 03/31/98 2 Years 4951 Gulf Shore Blvd., N. #1804 261-9180 10/07/98 I 0/06/00 2 Years Naples, FL 34103 District: 4 Category: City of Naples AGENDA ITE Wednesday, May 17, 1000 Pagelof3 OCT 2 4 Z:.JGO pt. -3 .- City/County Beach Renourishment Maintenance Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Joseph Herms 434-4601 02/18/98 02/17/00 2 Years 167 3rd Avenue, South 05/07/99 02/16/02 2 Years Naples, FL 34102 District: 4 Category: Naples City Council Michael Simonik 01119/00 10/06/00 I Year 455 13th Avenue, S. 434-9736 Naples, FL 34102 District: 4 Category: City of Naples Penny Taylor 02/16/00 01126/02 2 Years 995 13th Street, N. 262-4841 Naples, FL 34102 District: 4 Category: Naples City Council Alexandra S. Gunderson 05/07/99 05/06/0 I 2 Years 645 Galleon Drive 263-8511 Naples, FL 34102 District: 4 Category: City of Naples Carol Lynn Kendall 05/07/99 05/06/0 I 498 Galleon Drive 434-9239 2 Years Naples, FL 34102 District: Category: City of Naples Harry Huber 3301 E. Tamiami Trail 774-8489 Naples, FL 34112 District: Category: TECHNICAL: non-voting member AGENDA ~ NO. /0 , C"T ' . ^^'O .:.... I L'i Lu..';, Pg.--lf- Wednesday, May 17, 2000 Page2oJ3 City/County Beach Renourishment Maintenance Committee Name .Vork Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term Jon C. Staiger 735 Eighth Street South 434-3059 Naples, FL 34101 District: Category: TECHNICAL: non-voting member Michael Stephen 3106 Horseshoe Drive South 643-2324 Naples, FL 34104 District: Category: TECHNICAL: non-voting member This 11 member committee was created by City Reso. 91-6295, 91-6421,93-6853, & 95-7359 & County Reso. 92-656 as a technical advisory committee to formally advise the BCC and City. BCC appoints 5 members (terms are set by the City) and the City appoints 6 members There are 3 technical, non-voting advisors. Terms are 2 years and members must file a Form 1 Financial Statement each year with the City of Naples. City staff person: Dr. Jon Staiger 434- 4655 (fax 434-3059) and Tara Norman, Naples City Clerk 434-4701, Maura Kraus, Collier County Natural Resources Department - 774-9222, Michael Poff, CECI, 643-1143 FLSTAT: Staff: Harry Huber, Project Manager III, PWED: 774-8192 ~~ 1 Wednesday, May 17, 1000 Page 3 of3 GCT 24 L:JO Pg. S- I MEMORANDUM j} .... DATE: September 15,2000 REeE!'. TO: Vinell Hills, Elections Office , \ FROM: Sue Filson, Administrative ASSiS~X Board of County Commissioners v . c::: , v~l ..~..._J 80ard Of County_" RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one ofthe 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. CITY/COUNTY BCH REN ADV COMM COMMISSION DISTRICT James L. Snediker A(eo 3000-417 Royal ~co Way Marco Island, FL 34145 ~ ( Thank you for your help. ~~~ OCT 2 4 :~;;a Pg, ~ MEMORANDUM DATE: September 15, 2000 TO: Harry Huber, Project Manager, PWE. D \.X Sue Filson, Administrative Assistantc )(~ Board of County Commissioners ~ ! : FROM: RE: City/County Beach Renourishment Maintenance 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 a resume for consideration. I have attached the resumes received for your review as follows: James 1. Snediker 3000-417 Royal Amrco Way Marco Island, FL 34145 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 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 AGENDA ITEM NO. / (,13 r'T , " ...--", L , "- , 1........,'" Pg. I JAMES L SNEDIKER 3000-417 ROYAL AMRCO WAY MARCO ISLAND" FL 34145 941-642-3566 ":,~nr . ,..~J... Ms. Sue Filson, Administrative Assistant Board of Commissioners, Collier County 320] Tamiami Trail Naples, FL 34]]2 August 4,2000 Dear Ms. Filson: I understand there may be an opening coming up on the Beach Renouris/unent / Maintenance Committee and I hereby volunteer to serve as a Member of that Committee. My qualifications are as foUows: . nine year Collier County property owner / resident, on the Gulfbeach, in a fourth floor condominium . graduate engineer, University of Michigan, retired, 66 years old . former owner of a residential land development and new home building company in Ann Arbor, Michigan . boat owner for 25 years, four boats, from ] 9' to 38' . experienced in civil engineering and earth moving equipment Having lived on the beach here for many years I am very concerned about controlling the erosion while recognizing that wind and wave actions do cause changes. The beach is Collier County's greatess natural asset and we must work diligently to maintain it. If additional information is desired, please call me at 642-3566. Sincerely, .~/}CJ~7~~ r/ James L. Snediker ~~? , C:.T C L -'^' _ L I ...",...-V PI- ;r .." ~-' OBJECTIVE: To confirm the appointment of2 members; 1 representing the Collier County Medical Association and 1 representing Cleveland Clinic to the Community Health Care Planning and Finance Committee. CONSIDERATIONS: The Community Health Care Planning and Finance Committee was created on August 1,2000 by Resolution No. 2000-245 to succeed the Community Health Care Review Committee for the purpose of leading a broad based community health planning process; conducting a financial and economic analysis of various program and service proposals and identifying viable funding options for recommended solutions. This is an II member committee with 12 ex-officio members. On September 12,2000 the Board adopted Resolution No. 2000-287 appointing members to the Community Health Care Planning and Finance Committee. At that time, we had not received a name from the Collier County Medical Association as their ex-officio representative. They are now requesting that Dr. Charles Eytel be confirmed as their ex-officio representative. . Additionally, I have received a letter from Cleveland Clinic requesting that Dr. Harry K. Moon be confirmed as their ex-officio representative and Mr. Fielding Epstein would serve as a resource to the committee. ~ A list of the current membership is included in the backup. RECOMMENDATION: The confirmation of: Dr. Harry K. Moon - Cleveland Clinic Dr. Charles Eytel- C.C. Medical Assoc. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation and confirm the 2 recommendations for appointment, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 24, 200~ ~j' ""'~' '.' . II..... AGENDA ITEM NO. ./f) 1'. ~ '. . -~ -. - '. '." ~..- ". " . OCT 2 i LJUG Pg. .I . Collier County Medical Association Representative to Health Care Review filson_s From: Joan_Colfer@doh.state.ft.us Sent: Tuesday, October 03,200010:13 AM To: filson_s Cc: ochs_' Subject: Collier County Medical Association Representative to Health Care Review Page 1 of 1 The Collier County Medical Association has asked that Dr. Charles Eytel be their representative on the new Health Care Review Committee. ........ I , "_,.r ." .... .. , 10/03/2000 "~~f~' C;-T 2 4 ~~"O '" I l..JJ Pg. ;:;z . Collier County Medical Association Representative to Health Care Review filson_s To: Joan_Colfer@doh.state.f1.us Subject: RE: Collier County Medical Association Representative to Health Care Review Dr Colfer, Page 1 of 1 I received a letter from Cleveland Clinic advising that they would like Dr. Harry K. Moon to be their representative. Do you want me to take these names before the BCC for approval? Sue/BCC Sue Filson, Administrative Assistant Board of County Commissioners --Original Message---- From: Joan_ Colfer@doh.state.f1.us [mailto:Joan_Colfer@doh.state.f1.us] Sent: Tuesday, October 03, 2000 10:13 AM To: fil50n_s Cc: ochs_1 Subject: Collier County Medical Association Representative to Health Care Review The Collier County Medical Association has asked that Dr.Charles Eytel be their representative on the new Health Care Review Committee. - - 10/03/2000 AGENDA ITEM N9. /{) t' . ceT 24 Pg. J ....l"!,.,u ' '" ......-v . ~~:~'~E': lEI CLEVELAND CLINIC FLORIDA II ); '..,~':'f' .....,,', Harry K. Moon, M.D., F.A.C.S. Chief Executive Officer Chairman, Board of Governors Office, 954/978-7483 September 29, 2000 Board of County Commissioners Ms. Sue Filson 3301 Tamiami Trail East Naples, Florida 34112 Dear Ms. Filson: Cleveland Clinic Florida is pleased to be part of the Collier County Community Health Care Planning and Finance Ad Hoc Committee formed by the Board of County Commissioners on August 1,2000. We look forward to actively participating in these important issues that affect the quality oflife for many residents at Collier County. As CEO of Cleveland Clinic Florida, I personally want to be involved in this important committee. I am requesting Board of Commissioner approval to replace Mr. Fielding Epstein as the Cleveland Clinic Florida representative. Mr. Epstein is a key member of our health care system and will be available as a resource to me and the committee as needed. Thank you for your consideration and please notify me if you need any additional information. SinCe;iY, / / ~/~--- Harry K. Moon, M.D. HKMJsa AGENDA ITEM NO. /nt'_ .,.... OCT Z 4' 2000. Pg. i '. "- . '.....,. '!. ., . '.- 3000 We!'it Cypress Creek Road, Furr Lauderdale, Florida 33309 Community Health Care Planning and Finance Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. J.D. Campbell 09/12/00 08/01/01 1 Year Retired Executive 78 Seagate Drive Naples, FL 34103 District: 4 Category: Regular Member Mr. Mike Davis 643-1777 09/12/00 08/01/01 1 Year Sign Craft 6120 Cedar Tree Lene Naples, FL 34116 District: 3 Category: Regular Member Mr. Anthony DiNardo 09/12/00 08/01/01 1 Year Gulf Bay Group 7691 Santa Cruz Court Naples, FL 34109 District: 2 Category: Regular Member Ms. Crystal K. Kinzel 09/12/00 08/01/01 1 Year Finance/Sheriffs Dept. 598 Henley Drive Naples, FL 34105 District: 3 Category: Regular Member Mr. Joseph J. Mania 09/12/00 08/01/01 1 Year Retired Executive 520 South Collier Boulevard Marco Island, FL 34145 District: 1 Category: Regular Member . ..... . ,,~~t~. eeT 2 ~ 2300 Pg...s- I , _,0 ~ 'I'luusday, Septelftber 21, 2000 ." . t e: 'Pag. 1 .fS . ~ : Community Health Care Planning and Finance Committee Name Work Pholle Appt'd Exp. Date Term Ho1lU! Pholle DateRe-appt 2mIE:cpDate 211d Term Dr. Paul H. Neuharth 09/12/00 08/01/01 1 Year Retired Doctor P.O. Box 770790 Naples, FL 34107 District: 2 Category: Regular Member Ms. Kathleen C. Passidomo 09/12/00 08/01/01 1 Year Kelly & Passidomo 2200 Southwinds Drive Naples, FL 34102 District: 4 Category: Regular Member Mr. Steve Rasnick 09/12/00 08/01/01 I Year Self Insured Plans 1021 Spanish Moss Naples, FL 34108 Distrid: 2 Category: Regular Member Mr. Robert J. Schmidt 09/12/00 08/01/01 1 Year Salomon Smith Barney 2227 Pinewood Circle Naples, FL 34105 District: 3 Category: Regular Member Mr. Thomas O. Schneider 09/12/00 08/01/01 1 Year Retired CPA 704 Turkey Oak Lane Naples, FL 34108 District: 2 Category: Regular Member - - . ",. . Tlumllury, Septembu 21, 2000 Page2of5 A ITEM NO. /f)~. OCT 24 Z:JO Pg. fa Community Health Care Planning and Finance Committee Name Work Phone Appt'd Exp. Date Term Ho_ Phone DateRe-appt 2ndExpDate 2nd Term Mr. James R. Tindall 09/12/00 08/01/01 1 Year Retired Executive 13181 Pond Apple Drive Naples, FL 34119 District: 5 Category: Regular Member ., Mr. Richard B. Akin 658-3000 09/12/00 08/01/01 1 Year Collier Health Services 1220 Westfield Drive Ft. Myers, FL 33919 District: Category: Ex-Officio Member Mr. Ron Burris 09/12/00 08/01/01 1 Year Health Planning Council 636 Grandview Drive Lehigh Acres, FL 33936 District: Category: Ex-Officio Member Dr. Joan M. Colfer 774-8200 09/12/00 08/01/01 1 Year Collier County Health Depar1ment 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Ex-Officio Member Ms. Mary Cooper 261-5405 09/12/00 08/01/01 1 Year Mental Health Association 6371 Pelican Bay Boulevard, Unit 7 Naples, FL 34108 District: Category: Ex-Officio Member .... .' '\0.... c Thursday, Seplem1Jer 21, 2000 Po;dofS ".ITEM. "- /() " NO. -- OCT 2 4 20GO Pg. 7 - Community Health Care Planning and Finance Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Fielding Epstein 348-4405 09/12/00 08/01/01 1 Year Cleveland Clinic 9816 Rocky Bank Naples, FL 34109 District: Category: Ex-Officio Member Mr. Stephen M. Fain 436-6417 09/12/00 08/01/0 I I Year Collier County Public Schools 2137 44th Street, S.W. Naples, FL 34116 District: Category: Ex-Officio Member Mr. Edward A. Morton 436-5000 09/12/00 08/01/01 I Year NCH HeaIthcare System I 16 Palmetto Dunes Circle Naples, FL 34113 District: Category: Ex-Officio Member Ms. Carol E. Girardin 649-8484 09/12/00 08/01/01 I Year Finance 693 Hickory Road Naples, FL 34108 District: Category: Ex-Officio Member Dr. Timothy S. Davis 649-7766 09/12/00 County Dental Association 4089 Tamiami Trail, N., Suite AIOI Naples, FL 34103 District: Category: Ex-Officio Member 08/01/01 I Year . ..... f f . -:> ~ T/wrsday, Septiinber 21,2000 .- - .'. . ~~$~ CCT 24 2000 Pg. g' . Page 4 of5 . ~ , . - . Community Health Care Planning and Finance Committee Name Work Phone Appt'd Exp. Date Term HolIU! Phone DateRe-appt 2ndExpDate 2nd Term Ms. Wendy Wilderman 09/12/00 08/01/01 1 Year FL Department of Health 392 Michigan Avenue Ft. Myers, FL 33916 District: Category: Ex-Officio Member Mr. Michael Smykowski 774-8088 09/12/00 08/01/01 1 Year County Budget Director 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Ex-Officio Member 09/12/00 08/01/01 I Year Collier County Medical Society P.O. Box 2102 Naples, FL 34106 District: Category: Ex-Officio Member Created on August 1, 2000 by Resolution No. 2000-245 to succeed the Community Health Care Review Committee for the purpose of leading a broad based community health planning process; conducting a financial and economic analysis of various program and service proposals and identifying viable funding options for recommended solutions. This is an 11 member committee with 12 ex-officio members Dr. Joan Colfer - 774-8210 FLST.AT: Staff: Leo Ochs, Public Services Administrator. 774-8468 - - . ''-; . Thursday, September 21, 2000 Pttge5 of 5 A ITEM NO. /0 C - eCT 2 4 2000 PI- '1 ",'j-.,.' ,- Poliey 9.3 The County shall encourage the interconnection of local streets between developments to facilitate the convenient movement throughout the local road network unless such action will promote through traffic. AGEND~ ITEM NO. /~, D ,,- r- '''T .~, "'\-,'" ........." ,.., .t.v~U Pi. / - Memorandum To: Thomas W. Olliff, County Manager Through: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division From: Robert J. Mulhere, AICP, Planning Services Director Date: May 2, 2000 Subject: Road Interconnections This memorandum was prepared in response to your request and appeared on Vince's one-on- one list on March 21, 2000. I. Development History Pertaining to Road Interconnections Between ProjectslNeigh borhoods A system of interconnected local roads provides an opportunity for inter-neighborhood travel patterns and alternative routes for accessing an urban area's major road system. Historically, in older cities across the country, this was the method by which land development took place. This form of development is referred to as a grid system, and typically each developer continued the system outward from the urban core. There are some exceptions, but essentially even the exceptions were laced with an intervening grid system, as in the case of a basic radial system with the links between the radials filling in with a modified grid system. Needless to say, the system provided many alternative routes for automobile travel. (Some examples of grid street systems in Collier County include the City of Naples west of US-41, between 4th Ave. N. and 14th Ave. S.; Immokalee north and south of Main Street, between 1't Street and 9th Street; and, Naples Park. An example of an extension to an existing grid system is the Willoughby Acres area where numerous small subdivisions have extended the existing streets. The next generation of land developers beginning in the early 1960's introduced curvilinear subdivision street patterns and cul-de-sacs in response to a growing body of environmental consciousness to design subdivisions in a manner more harmonious with the natural features of the land. Nevertheless, even these developments typically provided a system of minor and major collector roads that were continued onto abutting properties, and woven into the street fabric of contiguous developments. Importantly, the streets were always public streets - the mentality of the times found no fault with land development patterns that afforded inter- neighborhood travel. This pattern of development served the automobile quite well by providing many alternative routes in going from point "A" to point "8." Marco Island represents a good example of this type of development that contains a system of local, collector and arterial streets which provide for interconnectivity, ~ All of this changed with the growing secularization of development patterns utilizing private streets and gated communities, and generally a growing belief that neighborhood streets - even AGENDA ITEM NO. /e fJ ,- ,-- , . .~v i i...._.. .. ; ~~._'" Pi. ~ Memo to Thomas W. Olliff, County Manager Re: Road Interconnections ] 0/16/00 Page 2 of 4 when they are public - should not be designed to serve more than the residents of the subdivision to which they are a part. Today it is realized that this development pattern and attitude have serious consequences in terms of impacts to the remaining arterial street system. Collier County planners realized the benefits of interconnectivity when the Comprehensive Plan was developed. Drafts of the Plan developed by staff called for required interconnections, both to adjacent properties and to abutting collector or arterial roads (all of which were to be accessible by the general public). However, the approved plan simply provided for a density bonus incentive to developers who made provisions for interconnecting their development with adjoining lands. That policy proved to be ineffective, because existing market conditions, for the most part, did not require more than four dwelling units per acre, which was the allowable threshold. A subsequent Comprehensive Plan amendment introduced the notion of a disincentive. The amended Plan required project interconnection when physically possible or the project would be subject to a one DU/A reduction from the base density of four DU/A, at the Board's discretion. That policy similarly proved ineffective, again because market conditions, for the most part, supported gated communities with amenities of less then four units per gross acre. II. Rationale for Interconnection Between Adjacent Projects/Neighborhoods Efficient Vehicle Flow. The separation of short local trips from longer regional trips minimizes traffic friction and supports acceptable levels of service. Increased Route Choice. People tend to use the route that gets them to their chosen destination the fastest. A well-connected two-lane network provides motorists (including emergency response vehicles) with several route options between common origins and destinations, instead of holding them hostage to a single thoroughfare. Increased Mode Choice. Where development is at the mix and intensity necessary to support community character, rather than dispersed throughout the county, alternate modes of transportation become attractive options for both regional and local travel. For one, the efficiency of transit is increased because stops can be easily integrated into development rather than located at relatively indiscriminate points along major thoroughfares. III. Current Goals, Objectives, and Policies in the Growth Management Plan Supporting, or Pertaining to, Interconnections From the 1989 Future'Land Use Element (presently in effect). . The Density Rating System provides for a base density of four DU/A within most of the Urban-designated area, This base density may be increased or decreased depending upon project location and characteristics.' Condition #2 states: "If the project failstb interconnect with all existing projects when physically possible and fails to provide interconnection with all future adjacent projects, up to 1 dwelling unit per gross acre may be subtracted as deemed appropriate by the BCC." [This provision is deleted from the 1997 EAR-based FLUE. It has been completely unsuccessful in accomplishing project interconnections.] From 1997 Transportation Element (presently in effect). . Objective 7: "The County shall develOp and adopt standards for safe and efficient in ress and egress to adjoining properties, as well as encourage safe and conve ien~trItM circulation." NO. 10 (/ Community Development & Environmental Services Division Planning Services Department ~"T .' ..~" l...:"" L "i l.,.,J''';~ Pg. 3 Memo to Thomas W. Olliff, County Manager Re: Road Interconnections 10/16/00 Page 3 of4 . Policy 7.2: "The County shall require the submission of a neighborhood traffic impact assessment as a part of all rezone and conditional use applications. This study will analyze the proposed project's impact on surrounding neighborhood streets." . Objective 9: "The County shall encourage neighborhood involvement, and safe and pleasant conditions for the residents, pedestrians, bicyclists and motorists on neighborhood streets, through the implementation of the Collier County Neighborhood Traffic Management Program (NTMP)." . Policy 9.3: "The County shall encourage the interconnection of local streets between developments to facilitate the convenient movement throughout the local road network unless such action will promote through traffic." . Policy 9.4: "The County shall define on a project by project basis, the acceptable amount of rerouted traffic as a result of a traffic management project." . Policy 9.5: 'The County shall route through traffic to the major roadways designated in the Transportation Element of the Collier County Growth Management Plan." . Policy 9.7: Roadways listed in Appendix A under "Roadways in Collier County not Considered Local Facilities" are not eligible for the NTMP. IV. Brief Discussion of Staff Review of Proposed Projects Staff reviews land use petitions for consistency with all applicable Elements of the GMP as well as applicable portions of the Land Development Code (LDC) and other ordinances and regulations. In presenting these petitions to the CCPC and BCC, staff makes a recommendation for approval or denial. Since all such petitions must, by State Statute, be consistent with the GMP, a staff recommendation for approval includes a recommendation that the petition be deemed consistent with the GMP. In the past, staff has, on most occasions, recommended project interconnections be provided. Such recommendations were based, primarily, upon the requirement to do so in the FLUE Density Rating System. As previously noted, this FLUE provision has been a failure - the density reduction has not always been recommended by staff, has not always been imposed by the BCC when recommended by staff, nor has imposing it been a deterrent in approving projects without road interconnections. In the final analysis, it has typically been the petitioner's choice to provide interconnections or not, as opposed to the County mandating they be provided. V. Possible Actions to Strengthen/Further Enforce Road Interconnections There are several measures the County can take, subject to determination of legality. Some of these measures may only be applicable in certain circumstances, as opposed to an all- encompassing approach. . Delete Transportation Element Policies prohibiting interconnections that result in cut-through traffic. By it's very nature, a road interconnection results in cut-through traffic. The idea is to disperse more traffic through the secondary road network instead of forcing all traffic onto the major road network. . Cease approving/allowing projects that do not provide interconnections - both internally, as with mixed use developments, and externally, with adjoining neighborhoods That is mandate interconnections - and, generally, the more interconnections t e b~~ Community Development & Environmental Services Divisic , Planning Services Department C:..:T '~ '~~J3 L. L.,~ ... Y Pg. Memo to Thomas W. Olliff, County Manager Re: Road Interconnections 10/16/00 Page 4 of 4 allows 'greater dispersion of traffic. This means far fewer gated communities and private streets. (Note: Portions of Communities can still be gated while provided for public access thi'ough one or more "spine" roads. Examples include Pelican Bay and the Vineyards.) . Undertake County-initiated amendments to approved-but-undeveloped or minimally developed PUDs, and other projects, to add interconnection requirement. . Consider, as a more drastic measure but one that may be necessary, using eminent domain or other legal measures to acquire property - with or without existing structures or improvements - for the purpose of constructing road connection. Road interconnections should not be viewed in isolation! Taken alone, road interconnections would offer limited improvement to the County's transportation network. They should, instead, be part of an overall strategy to improve the efficiency of the transportation network and enhance the character of the community in which we are all a part. Components of that strategy, some of which are beyond local government control, should include: .:. Establishment of a road master plan for the secondary road network - minor collector roads and local roads; .:. Provision of non-motorized facilities - both individual development projects as well as government road construction projects (this will require strict adherence to Subdivision Regulations, and aggressive implementation of the Bicycle/Pedestrian Program) - including project/neighborhood interconnections; .:. Provision of public transit; .:. Approval of mixed use developments (residential/commercial) - but only if they include interconnection of the mixed uses; .:. Additional collector roads through new developments; .:. Variable work hours; and .:. Telecommuting. VI. Concluding Comments The magnitude of Collier County's transportation woes has not been fully realized. The Future Land Use Map of the GMP depicts the Traffic Congestion Boundary, roughly that area seaward of Airport-Pulling Rd.lDavis Blvd.lCounty Barn Rd.lRattlesnake-Hammock Rd. This area is expected to be subject to long-term traffic congestion - even after transportation improvements throughout the coastal urban area, as presently identified in the GMP, are implemented (maximum widening of existing roads, construction of new roads, construction of grade-, separated intersections, etc.) - because physical and social constraints limit the amount and type of transportation improvements that can ultimately be made in this long-term congestion area. At build-out, the coastal urban area (roughly, seaward of Collier Blvd., inclusive of Marco Island) popUlation is expected to more than double, to approximately 470,000 persons. The ability to make changes and improvements to the transportation network, which will impact the character of the greater Naples community, will only get more difficult, and costly, in the future The time to act is now. cc: Edward Kant, P.E., Transportation Director Beth Walsh, Assistant to the County Manager AGENDA ITEM NO. !O-V eeT 2 4 :::3 Road Interconnect memo rev. by RJM VAC F, MyDocs dwl 512000 Pi. 5 Community Development & Environmental Services Division, Planning Services Department MEMORANDUM DATE: October 18, 2000 TO: Board of County Commissioners FROM: David E. Brandt Commissioner, District 1 RE: Gated Communities and Roads in Collier County I have some concerns about the direction where I believe County development is headed. It seems to be becoming a County of gated communities, which is not necessarily all bad, Gated communities can provide a sense of safety and security, establish standards within the community that tend to preserve and perhaps enhance property values. They also seem to provide a sense of belonging and being a part of something. Some provide access to shopping that does not require one to venture out onto arterial or collector roads and this too provides a degree of convenience, safety and a comfort level. Some have achieved these features while still providing gated areas within the larger complex to satisfY the need to provide the sense of well being and perhaps even the feeling of a neighborhood environment. Some gated communities have developed in such a way that residents must drive from the community in order to do anything in the way of the simplest everyday shopping necessities, such as going to the grocery store, the bank or a drug store. These communities then require the resident to go out onto local collector roads or arterials and contribute to traffic conditions that the County spends hours of staff time and much of the taxpayers' money trying to solve. It is rather simplistic to think that such conditions.can be reversed or modified easily. ~ The Board of County Commissioners, sometime ago, saw a need tu address some of these concerns and created a policy aimed at having an impact on overall County traffic and transportation issues. Policy 9.3 of the Transportation Element of the Collier County Growth Management Plan "encourages" connectivity between projects and Planned Unit Developments (PUD's). Recently, the Board has addressed the connection issue during deliberations regarding traffic impacts that may be brought about as a result of approving a PUD. Some conditions have been levied to ameliorate traffic c .tions. AGENDA ITEM NO. /C'tO C~l. . .. ., , ,; Pi. ,-JI1 , October 18, 2000 Page 2 There is a need to assure that there are enough east/west and north/south travel routes that will allow smooth movement throughout the County. At the moment there is a long-range plan prepared by staff as a concept to deal with County growth needs. The plan does include a system of roadways that focuses on current and future needs. There are limits to which the ideal can be reached, partly because of previous lost opportunities and partly because there are a number of approved PUD's, both developed and undeveloped, that are right where a roadway should go. A number of issues, therefore, will need to be addressed if the Board puts the best interests of the County taxpayers ahead of the property rights of individuals. Naturally, both needs must be addressed. It is my belief that the Board of County Commissioners needs to ask the County Manager and the County Attorney to take a look at beefing up Policy 9.3, referenced above and any related policies. Interconnections between projects and PUD's needs to be a requirement to support the overall greater need to advance a system of smooth traffic flow for the County. cxaJ;U;{/ i. ~~ [1{1Ml) David E. Brandt, Commissioner District I DEBIkmrn Cc: Tom Olliff, County Manager David Weigel, County Attorney Media File ~~~ 'J5M C-T ~ 4 "M '..., j L.........:U r-I PI- ~ OBJECTIVE: To appoint 2 members to serve 3 year terms, expiring on October 1,2003, on the Affordable Housing Commission. CONSIDERATIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 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; investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inclusionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. Five members are appointed by the County and 4 appointed by the City. After initial appointments, terms are 3 years. A list of the current membership is included in the backup. .- The terms for Sam Goodman and W. Jeffrey Cecil expired on October 1,2000. A press release was issued and reSlUlles were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Scott S. Shapiro .. No NOI qualified resides in Bonita . Springs Mario M. Valle Reallorl Affordable Housing 5 Yes' None W. Jeffrey Cecil - reappl Allyl Affordable Housing 2 Yes Affordable Housing Commission COMMITTEE RECOMMENDATION: No recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members to serve 3 year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners AGENDA ITEM NO. /0 ~ OCT 2 4 2000 PI- / ~ , Agenda Date: OCTOBER 24, 2000 Memorandum To: From: Date: Subject: Sue Filson, Administrative AS!5istan_t!g..BCC Connac Giblin, HUI Manage~ October 9, 2000 Affordable Housing Commission Vacancies The Affordable Housing Commission has received two qualified applications to fill the two County appointed positions expiring October 1, 2000. The seats are currently filled by Mr. Sam Goodman and Mr. Jeffery Cecil. Mr. Cecil is still qualified to serve on the Commission has requested to be re-appointed to another three-year term. The applicant for the other vacancy is Mr. Mario Valle. Mr. Valle is vice-president of Creative Realty of SW FL, Inc., a construction company specializing is single family homes selling for under $96,000. Mr. Valle meets all requirements necessary to serve on the Commission. There was not a quorum present at the September Affordable Housing Commission meeting therefor no recommendation from the Commission could be made. AGENDA ~ NO. /0 B c;~:-r L ~ ~,::Q PI- 7.-/ Department of Housing And Urban Improvement Community Development and Environmental Services Division Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Christine E. Chesser 436-5990 11/24/98 10/01/01 3 Years 682 8th Street North, Apt #1 643-3707 Naples, FL 34102 District: 4 CaUgory: County At Large/Fiscal Mgmt Mark L. Lindner 262-4333 05/17/94 10/01/95 1 Year 3199 60th Street, S.W. 11/24/98 10/01/01 3 Years Naples, FL 34116 District: 3 CJI1egory: County/Realtor Sam Goodman 10/14/97 10/01/00 3 Years /' 260 Monterey Drive 775-1570 Naples, FL 34119 District: 3 CaUgory: County/BS Education-Realtor W. Jeffrey Cecil 263-8898 10/14/97 1 % 1/00 3 Years /' 1984 Mission Drive Naples, FL 34109 District: 2 Category: County/Atty-Affordable Housing Dev. ~,,~ Larry Mullins ((s "I' 1,00 26H3100 11/09/99 1 % 1/02 3 Years ./' 3885 Huelva Court Naples, FL 34109 District: 3 CaUgory: Community AffainlICounty Bruce Mumm 11/04/96 11/03/99 3 Years 1009 29th Avenue, North 12/15/99 12/14/02 3 years Naples, FL 34103 District: 4 Category: City At Large/Architect ~~A ITEM- /0 ,::; CeT 2~' 2000 PI. "3 WeUaday, July 16, 1000 Pagel uf 1 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term HolIU! Phone DateRe-appt 2ndExpDate 2nd Term John F. Houton 12115/99 12114/02 3 Years 275 Yucca Road Naples, FL 34102 District: 4 Category: City/Attorney Gerry Moore 04/05/00 04/04/03 3 Years 3390 Mystic River Drive Naples, FL 34120 District: 4 Category: City , ~~ 0 'fl" .0 Vanessa Fitz eo":;,' '?-' 6434955 04/01/96 1 % 1/98 3 Years r 0\' 2460 14th Street North 261-0275 10/07/98 1 0/06/0 1 3 Years Naples, FL 34103 District: 4 Category: City/Real Estate This 9 member commission was created on July 23, 1991, by Ordinance No. 91 ~5, to momtor 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. Tenns are 3 years. 5 members appointed by the County and 4 members appointed by the City. Tara A. Nonnan, City Cler1< 434-4701 FL STAT: none Stoff: Greg Mihalic, HUI Director. 403-2330 Wttilladlly, JIIly ]6, ]/JO(} Pq. ] of 2 NO. ~O~ GeT 2 4 2JOG PI- l( MEMORANDUM DATE: August 21,2000 TO: Vinell Hills, Elections Office ,rtP, Sue Filson, Administrative Assisw'ii{1 Board of County Commissioners FROM: RE: V oter 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. AFFORDABLE HOUSING COMMISSION P'l> ~! ~"{:S?I ,9'70( q;;l- '108 0 -Il''''~ c~~OScott S. Shapiro q D 6,r 12778 Maiden Cane Lane N Bonita Springs, FL 34135 COMMISSION DISTRICT ;Jo! Mario M. Valle 961 Murcott Drive Naples, FL 34120 rv .-/ !J OlleJ. << ~5-i70 W. Jeffrey Cecil Sqs.;;J. '1so 1984 Mission Drive ND Naples, FL 34109 ,/ ? otOL~ Thank you for your help. t.: ' ~HOI!T::-: su~ -. ., :"-.':I~:J . -, I ~ ." c.;:;~ "GENOA !TEJ-4 NO. Ie r. . ::JG :01 .,., s: -~.r.!";:----:~ C.,..T ,-0, ~,~~~' --- Pi. ,--S___ MEMORANDUM DATE: August 21, 2000 TO: Greg Mihalic, HUI Director '-- ()) Sue Filson, Administrative Assis~ l' Board of County Commissioners . );" 't FROM: RE: Affordable Housing Commission 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 a resume for consideration. I have attached the resumes received for your review as follows: Scott S. Shapiro 12778 Maiden Cane Lane Bonita Springs, FL 34135 Mario M. Valle 961 Murcott Drive Naples, FL 34120 W. Jeffrey Cecil 1984 Mission Drive Naples, FL 34109 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 swnmary for the Board's consideration. 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 A~!TEttt NO. () r: CrT " ;, ~~" ..... i.. ~I (Jv'J Pg. 0 08118/00 . 09:53 '6'941 261 5143 1410011003 FIITH THIRD BANK FIFTH THIRD BANK 4099 lamiami TlTil North P.O. Bo.413D21 NaplCl, FL 34101 PIlon.: 94l.430.5372 Fo: 941,430.5379 , ,. ",' \ " .j. , ' '. "'!":-;.;' ::'::'.'~':':", ::.!: 'I~~" ...". .,., ~ .' ", "':.~.:;;:;J.:",'."".'. .:.:01":.',....',..:'.,',.,..,'. '",. .......'...'1 .... lacsllJ.l.UetranSmlut:ll' ,;:;. ';':~' :'::::":~:;:"F-:!::'~!:?~;~)~Si:;:~Y:~,2~r:1~0~S;11~r'sr~:~~0~i!~r:?;::"::':;li:~~f;;! ;"''''- To: F:rnm' ~n1'f <::: ~~;,,&.J:'- , ~11P Fih::nn ....;,':" Fax: 774 '60' D~. AngJ1rilR '000 Phone Paa"'" , Ifto: AffordablPl Hnm:lng r.nmmll:.l:.inn ce. o Urgent I;'lFor~ o Please Reply o Please Comment o PIIIlIoe RacycIa . . . . . . . . . Notus: 6Ja.- :1- {'DO K- l ~AC 1--0 l0 ,<t\A. ~. .t.Ju ..~'-'\ ~ AGENDA ~, NO. /0 F . . . . . . . . . . . . . . . CEl- 2'r t:JJ Pi- 7 08/18/00 09:53 U941 261 5143 14!1 0021003 FIFTII THIRD BANK "'Fifth Third Bank August 18, 2000 III reply to; Positions Available on County Advisory Boards Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Sue) SUBJECT: AFFORDABLE HOUSING COMMISSION I 3m writing this letter of introduction in response to your memo dated August 12 regarding the 3v"ihble advisory bo"rd positions, I am a people person and the most rewardillg work for me is helping consumers achieve the Amencan dream of home oWIlership. Please accept my application for the CBIA Affordable Housing commission Advisory Board and allow me to continue making the dream" reality here in Collier County. I believe that Collie, Counry as well as Fifth Third Bank has . <ospoJlSibility to the community to make home ownership" reality for the everyday working class public. Collier County should not be " place just for thc se"sonal or retired person, but" phce where you can work and live with out" 3D-minute commute. There is a serious hck of affordable housing here and from listening to the latest round of candidates running for various positions in the county, I know it is becoming an isoue. My personal goal here at the bank is to won.: WIth first time home buyers through our good neighbor programs, some of which require zero money down and up to 103% financing. I plm to conduct buying workshops once per quaner in our many branches throughout Collier County as well as offsite and with other organizations, Currently I :un the Vice Chair of Consumer Credit Counseling of SWFL and find th~t very rcw:u-ding. I look forward to serving Collier County and the people .who share the dream of home ownership. Sincerely, ~ Regional Sales Manager Fifth Third Bank Enclosure (1) ss cc: Colleen Kvetko St~ve Root ~~~ ...099 'rAMtAMI TRAIL NOR!H p,O, BOX 413021 NAPLES, PL 3..101 l.~( i 1 zc:a c7 Pg. t:l.. 08/18/00 09:54 OBJEcrNE: EXPERIENCE: EDUCATION: t!941 261 5143 FIFI'II THIRD BANK IaJ 003( 003 SCOTT S. SHAPIRO 12778 Maiden Cane Lane Bonita Springs, FL 3413[j .L SCOTISSHAPIRO@AOL.COM 941.992.4080 -y To obtain a management position in the mortgage lending field, within a progressive organization that will utilize my qualiiications, experience and personal gOllls to mee~ enhance and exceed the positions requirements. ADV ANT A Bonita Springs, PL Regional S.les Specialist 7/99 to Present . Responsible for recruiting, hiring md training of network employees. . Responsible for the opening of three new branches and one'closing. . Conducted On site sales, management and motivation training. . llnplemented new ",.rkenng and lead generation techniques for branches. . Travel w....kly throughout the country to work with different managers. Port Myers, FL 1/97 to 7/99 ADVANTA Branch Manager . All aspects of dav to day branch operations. . District leader in loan origination 97, 98, IU1d 99. . District leader in ROE / ROA 98 and 99. . Winner of 1998 "Deep Pockets" business war games for Advanla. . Selec'ed for Presidents Council and 'won many trips and contests. GRUBB &: ELLIS Sherman Oaks, CA Runner / Broker 4/95 to 8/97 . Created and maintained data base for commercial real estate . Responsible for quarterly office, retail market studies for LA-North. . Representation and site location dllalystS for new and existing tenants. . Conducted lease audit studies and benchmark analysis for large organizations. CALIFORNIA BAGEEZ Ventura, CA Owner . .;', 90 to 93 . All aspects 01 wholesale garmen' marketing and sales. . Introduced and developed baggy beach wears. . Had a lot of fun nd traveled "x,ensively. MOORPARK COLLEGE & CAL 5T ATE NORTHRIDGE Finance & Real Estate . Student Finance Association/Voluntary Income Tax assistance (VITA). . Brother of Pi Kappa Phi. COMMUNITY ACTIVI1TES, . Habitat for Humanity, Northridge, Cd. . Consumer Credit Counseling / Vice Chair SWFL. . Junior Achievement volunteer, teacher and counselor . MDA / MS volunteer and fundraiser. REFERENCES AVAILABLE UPON REQUEST C~T ",I "-"~ L.....,u Pi. 24 c ( 08/18/2000 09:28 4557515 PAGE 01 ~ '- - Fax CnuIlIve Homes of _ Florida, Inc. 11101i COllnlyRald 951, Sllilo F NBpIeo, FL3I116 (Sales) 941/45>7772 (ConoIrudion) 941/455-7754 Fax: 941/455-7515 To: m ~. Silt!- F: \ S(JI"\ Fax:: 77t.!-.3" 0;:).. p,",-, 7 .: A .c.+=ollA) '" Ic:.l~ H OoJ'S' tJj c.rJ,....,~; s:,:::,oflA D Urgent D For RevIew 0 P..... Co_t 0 PI_ hply D P...... Recycle . eo......._: (OV'.4/ l...:tJ-\'~.... /IoaJQ I2cs.J""~' +0 -k,ll~, -::> fJ- .{!./.o..D...k I", HI! <..otJ'/~ ~o_,.., .' .r.r,,'~ . -:;> fr1,1l.~;(J V,,d../le 'j(,( I'1wcc)Hb.t. tJ"1>{~~. PI... .?~/Ul 9~/ - J<lI'--()/J,; NO. C~ r > L,' ""lrn ... .LuoJU Pg. / () 08/18/2000 09:28 4557515 PAGE 02 Ms. Sue Filson Administrative Assalant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 August 18, 2000 Dear Ms. Filson: My name 15 Mario M. Valle and I am intcresb:d m serving on the Affordable Housing Commission. Since DlOving to Collier County in 1996, 1 have been involved in the sales and construction of single fllIl1ily homes with an average sales price ofS96,OOO (home and lot), I am extremely familiar with the challenges that face a first-time homc:buyer especially those that have lower than median income, Over the past fom: years, I have utilized many different finanCing sources to assist theoe homebu~. I have v.rotlced clasely with Housing and Urban Improvement's SHIPS prognun, as well as the Collier County Loan Consortium, and the Florida Housing Finance Corporation. I feel that my knowledge aIld """monce would be an asset to the Affordable Housing Commission. My address ill 961 Murcott Drive, Naples FL 34120 my home 1elephone number is 348-0190. Should you have any questions, or ""ed additional infonnation, please feel free to give me a call at my office at 455-7754, Sincerely, , if ~ Vice-president Creative Realty of SW FL, Inc. . ~~,9~~ ,- ..."'.....'"'. l"'.... t i..', t.JUlJ Pg. // e8/18/2eee e9:28 4557515 PAGE e3 Mario M. Valle 961 Murcott Drive Naples, FL 34120 EDUCATION: Bachelor of Science Florida State University 1989 Double Ma:lor Social Science & Economics EXPERIENCE Creative Realty of SW FL, Inc. BrokerNice-president 11/99 - Present Salesperson 4/98 - 11/99 Responsible fOT the purchase and sale of residenrial1ots, primanly in Golden Gate & Golden Gate Es1B.tes. I also have an extensive knowledge of the area and its unique features. I must also work with a very diverse group of customers, assessing their individual needs and trying to come up with a lot that would be beneficial for them. Creative Homes of SW FL, Inc. Vice-president of Sales & Marketing 6/96 - Present My responsibilities include to oversee a sales staff, ~ew and asses the sales files for completeness, JII'Ovide input and direction for the marketing of our product. Additionally, I interact with a variety of lending institutions ranging from government agencies like Rural Housing to working with lenders on UIlconventionalloan programs. From time to time, I also go out and assess the construction of our homes to assure code and blueprint compliance. Ward Stone College Director of Academic Affairs 3/91 - 6/96 During my time at Ward Stone College, I held many positions. The last position I held there was Director of Academic Affairs. I was in that position for approximately three years. I was responsible for developing the schedule of classes, curriculum development, monitoring and assessing student attendance, providing input on instructor interviews, and assuring the academic integrity of the gnides. I was also responsible for assuring that the college was in compliance with the rules and regulations required of the college by the two state regulatory agencies. AWARDS Listed as an Honored Professional in the Who's Who in Executives and ProfeSSIonals 2000 - 200 I Edition Three year recipient of the Multi-Million Dollar C ,'cle Award given annually by National Association of Home Builders National Sales & Marketing CounCIl Employee of the YeJJI- Ward Stone College PROFESSIONAL & CMC ORGANIZATIONS 2000 President of the Golden Gate Area Chamber ofConnnerce Member in Good Standing NABOR Member in Good Standing CBIA LICENSES HELD Florida Mortgage Broker - Active Florida Residential Contractor's License - Active Florida Real Estate Broker - Active ~~1t L:"; I ~:; :::0 Pg. /2-- PaRIER WRIGHT MoRRIS &A1mruRLLP AttorDeys & Cou.selors at L.", W. JEFFREY CECIL 941-593-2950 jcecil@porterwright.com Also Admitted Ohio 5801 Pelican Bay Blvd, Suite 300 Naples. Florida 34108-2709 Telephone 941-593-2900 Facsimile 941-593-2990 Toll Free 800-876-7962 August 6, 2000 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiarni Trail East Naples, FL 34112 Re: Affordable Housing Commission Dear Mrs. Filson: I would appreciate the consideration of the Commissioners for re-appointment to the Affordable Housing Commission. My updated resume is enclosed. Since my appointment in 1997, there have been several developments in the housing industry, and the current advisory committee has interesting and energetic plans to help stimulate workforce housing in Collier County, of which I would like to stay a part. I believe that my interests, background, training and experience will now be more useful to the Commission, and I would like to continue serving the interests of our community in this manner. Please call me if you have any questions. 1 !j () {~ Very truly yours, WJC:jh NAPLESI'llS2SJ v,OJ AGEN~ !:I'Ef!l- NO. O~ C:... r 2 4 ~CJC Cincinnati. Cleveland. Columbus. Dayton. Naples, FL . Washington, DC www.porterwright.com Pg. /3 W. JEFFREY CECIL Porter Wright Morris & Arthur, LLP 5801 Pelican Bay Blvd., Suite 300 Naples, Florida 34108-2709 (941) 593-2950 Fax (941) 593-2990 (800) 876-7962 Jeff Cecil began his legal career in 1979 with the Columbus, Ohio law firm of Alexander, Ebinger, Holschuh, Fisher & McAlister in its Business, Real Estate and Probate Department. In December of 1986, he became a Partner with the larger (250+ attorneys) Porter Wright Morris & Arthur, LLP, after the April 1986 merger of Alexander Ebinger with Porter Wright. In June of 1993, Jeff was named Partner in Charge of the Naples Office of Porter, Wright. Jeff practices in the areas of real estate, estate planning, and estate and trust administration, and represents lenders, real estate developers, and developer/operators of low income housing. He has extensive experience in title insurance and real estate-based financing issues, including low income family and senior housing and historic tax credits, letter of credit-enhanced bonds, and HUD housing programs. His work with local and national nonprofit housing groups has included federal tax credit, Community Development Block Grant, and Home Loan projects in Toledo, Columbus, Euclid, and Mansfield, Ohio, Orlando, Florida, Shreveport, Louisiana, Parkersburg, West Virginia, and San Antonio, Texas; bond financings in Columbus, Waverly, Cuyahoga Falls, Gahanna and Dayton, Ohio, and Terre Haute, Indiana; and HUD 202 projects in Ohio, West Virginia, Missouri, Pennsylvania and Florida. Jeff is a member of the Real Property, Probate and Trust Law Sections of the Collier County, Ohio State, Florida and American Bar Associations. His local memberships include the Naples Area Board of Realtors, Economic Development Council, Collier Building Industry Association, and Association of Specialty Contractors. From 1995 until it was discontinued in 1999, Jeff was Chair of the EDC/Naples Chamber Coalition's Committee on Affordable Housing. He is President of the Board of Trustees of Community Congrc'gational United Church of Christ (1996 - Present). He graduated from Ohio Northern University (BA, with highest honors, 1975); and from the University of Michigan Law School (JD, cum laude, 1979), and is admitted to practice in both Ohio and Florida. ~~ eeT 2 i :~:JG NAPLESlSn13 >,.01 hi Pi. t ." \ :-re.(\(\ \ D {- ')1 ::::1 MEMORANDUM RECEIVED COUNTY ADMINISTRATORS OFFICE DATE: October 13, 2000 TO: Thomas W. Olliff, County Manager " FROM: James D. Carter, Ph.D., Chairman Commissioner, District 2 ACTION_ - FILE SUBJECT: Collier - Lee - Bonita Springs - Joint Meeting - 200 I - At a recent planning meeting I had the opportunity to talk with John Albion the Lee County Commission Chairman. We both agreed that in addition to the on going and shared issnes between Lee and Collier County; some additional coordination with the new City of Bonita would be beneficial. As a result, we agreed to jointly propose to our respective Boards that the governing bodies from Lee County, Collier County and the City of Bonita Springs hold a joint meeting. Because of elections and City Manager selections in Bonita it was felt that a meeting sometime during the first quarter of 200] would likely be the most productive. Therefore, I would like to propose that 1. The Collier County Commission agrees to participate in such ajoint meeting. 2. The Board direct the County Manager to work with the staffs of the other two agencies to establish the location, agenda and other details necessary. 3. And finally, that the Board authorize me to send letters on behalf of Collier County to the City of Bonita extending an invitation to participate in this joint meeting and to Lee County confirming our participation. I would ask that you place this memorandum on the Board's agenda for discussion at the meeting of October 24th. Thank you in advance for your assistance w' this tter. ~.-\ . Carter, Ph.D.. Chairman o missioner District 2 mC/tlm - AGENDA ITEM No. {n-~ OCT 2 4 2000 Pg. I RESOLUTION NO. 00-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OPPOSING A PROPOSED CONSTITUTIONAL AMENDMENT ON A STATEWIDE HIGH SPEED RAIL SYSTEM WHEREAS, a proposed amendment to the Florida Constitution will appear on the ballot in the general election scheduled for November 7, 2000 pertaining to a statewide high speed rail system; and, WHEREAS, the Collier County Board of County Commissioners is committed to a comprehensive, continuous and coordinated transportation planning process as prescribed by federal and state laws to develop information so infonned decisions can be made; and, WHEREAS, the Collier County Board of County Commissioners believes that the Florida Constitution should remain a basic document that contains the root guidelines from which Florida law should be written and should not be an instrument to implement policy that the Legislature declines to address, or a compendium of special interest provisions; and, WHEREAS. the Collier County Board of County Commissioners believes there are more appropriate methods for evaluating, planning and financing a specific transportation project other than through a constitutional amendment; and, WHEREAS. the ballot language for this initiative contains no mention of funding provisions. nor does it define the impact on other transportation priorities throughout the state; and, WHEREAS, the Collier County Board of County Commissioners is concerned that no impact analysis on Southwest Florida, nor any part of the state, appears to have been conducted for this initiative; and, WHEREAS, the Collier County Board of County Commissioners is concerned that through this initiative, the high speed rail system will receive the highest priority, and its construction will likely require diversions of revenue generated from this area and which will be addressed before the high priority transportation needs of this area; and, WHEREAS. the initiative. if approved. must result in either additional taxes to implement this mandate, or jeopardizing plans for other transportation projects throughout the state that have been planned and funded, or some combination thereof; NOW THEREFORE BE IT RESOLVED by the Collier County Board of County Commissioners that it is opposed to the proposed amendment to the Florida Constitution regarding a statewide high speed rail system; and, BE IT FURTHER RESOLVED THAT the staff of the Collier County Board of County Commissioners should work with the Florida Department of Transportation, other appropriate parties, and the media to provide additional information to the public on the effects of this initiative, and urge all citizens to vote against this constitutional amendment. This Resolution adopted this 24th day of October 2000, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to fonn and legal sufficiency:. 1+ ~ ~ 010 (0 e., J1/lM V fl#:! Mic6ael W. Pettit, Assistant County Attorney //11/ EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT, ENDORSE THE COLLIER COUNTY SHERIFF'S OFFICE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, HIGHWAY SAFETY FUNDS GRANT APPLICATION, AND UPON AWARD, ACCEPT THE GRANT AND APPROVE APPLICABLE BUDGET AMENDMENTS FOR THE SHERIFF'S OFFICE TRAFFIC CRASH REPORT PROJECT. OBJECTIVE: To have the Collier County Commission be the coordinating unit of government, endorse the Sheriff's Office, State of Florida, Department of Transportation Highway Safety Funds grant application and request that upon award, the Board accept the grant and approve applicable budget amendments. This is funding for a Traffic Crash Report Project. CONSIDERATIONS: 1. The Collier County Commission has participated in the Department of Transportation grant programs in 1989, 1990, 1991, 1992, 1993, 1997, 1998, 1999, and 2000. 2. The Department of Transportation grant funded projects have proven to be valuable to Collier County. 3. There has been an increased problem with traffic safety in Collier County due to rapid growth, increased tourism, and an increase in the number of traffic accidents. 4. The Department of Transportation has allocated $76,100 to Collier County for the State F/Y 2001 Traffic Crash Report Project to be implemented by the Sheriff's Office for dedicated Traffic Analyst and Traffic Data Entry staff to produce intelligence which will result in rapid deployment of Collier County Sheriff's Office personnel and resources to make effective plans that result in the safest Collier County transportation system possible under such adverse circumstances. 5. The Department of Transportation requires the Collier County Commission to be the coordinating unit of government. 6. The Collier County Sheriff's Office requests that the County Commission execute the necessary documents to allow the formal application process for first year funding to be submitted. 7. To streamline procedures, to save Board of County Commission time, and to reduce paperwork and personnel time in preparing executive summaries, an all inclusive request is being made for grant application/award procedures. 8. Board authorization is being sought to accept the grant when awarded and to approve, upon award, applicable budget amendments. FISCAL IMPACT: 100% awarded by the State for fiscal year 2001. GROWTH IMPACT: This grant is a continuing three year grant program that requires reapplication each fiscal year. This first year grant is for October 1, 2000 through September 30, 2001. If the grant funds are terminated or other grant funding is not available at the end of the third year, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION: That the Collier County Commission endorse the Subgrant Application for Highway Safety Funds application for first year funding for fiscal year 2000/01, approve the creation of two new Sheriff's Office positions as a result of the subgrant being awarded, and upon award, accept the grant and approve applicable budget amendments. PREPARED ~n"=~ October 18, 2000 APPROVED BY: DATE: / //7 / TRAFFIC CRASH REPORT PROJECT PROJECTIONS FISCAL FISCAL FISCAL TOTALS YEAR YEAR XM.R 2001/2002 2002/2003 2003/2004 DOT GRANT $49,700 $34,750 $0 $84,450 FUNDS REQUIRED $16,500 $34,750 $0 $51,250 MATCH OTHER $0 $0 $73,000 $73,000 GRANTS OR GENERAL OPERATING BUDGET TOTALS $66,200 $69,500 $73,000 $208,700 jh/xstrpl ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVED: CF~~- ,-"'Ie:: ('C' -SHr: (0)0 J '8 -/~ (. (;;;' -~ ...,...,'... 10 00 NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: October 18, 2000 To: Office of the County Attornev Attention: Thomas Palmer, ESQ. From: Crystal K. Kinze~ Finance Director (Name) (Title) Sheriff's Office Finance Division (Division) (Department) Re: Florida De~artment of Transportation orant a~plication (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem <i.nd sive background infoI1llaotion - be ~. concise, and articulate), The Florida DOT requires the Collier County Board of Commissioners to be the applicant agency for the fiscal year 2001 U. S. Department of Transportation Highway Safety Funds Grant. The Sheriff's Office is the implementing agency for the grant. Fiscal year DOT 2001 funds are sought for a first year Sheriff's Office Traffic Safety Grant program. Board approval is being requested to execute the application documents, and upon award, accept the grant and approve applicable budget amendments. (Are yes, there documents or other information needed to review this matter? attach and reference this information). =- If OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer.) ~G 1CP ~ 10/ I~/ THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file nurnkler.) ACTION REQUESTED: (Ee very epecifie. Identify exactly whllt you need in the way of legal services.) Legal approval of documents. J./letrl ST....TE OF FLORIO" OEPAA"fr.Ae:NT. OF .TR.-.NSPORT "lION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS . -."........."U00>-I,I1 SA.FETY OGC.o~ For D.O.T. Use Only Project Number: DOT Contract Number: .. Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) , 1. .project Tille: Collier County Sheriff's Office Traffic Crash Report Pro-ject 2. Type of Application: qo lriitial 0 Continuation 3. Requested Subgrant Period: October 1, 2000 to September 30, 2001 4. Support Matching Total Sought: $76,100 Share: $0 Budget: $76,100 5. Applicant Agency (Subgrantee): 6. Implementing Agency: Collier County Collier County Sheriff's Office Board of County Commissioners 3301 East Tamiami Trail, Building J 3301 East Tamiami Trail, Building F Government Complex Government Complex Naples, Florida 34112 Naples, Florida 34112 Telephone: 941-774-8393 Telephone: 941-774-4434 7. Federal 10 Number: B. State SAMAS Number (State Agencies Only) 59-6000-558 N/A 9. Chief Financial Officer: 10. Project Director: James Mitchell Lt. Al Ganich 3301 East Tamiami Trail 3301 East Tamiami Trail, Building J Courthouse Plaza 111/2 Government Complex Naples, Florida 34112 Naples, Florida 34112 Telephone: 941-774-6179 Telephone: 941-774-4434 11. Project Summary: Briefly describe the problem and the proposed solution. There has been an increased problem with traffic safety in Collier County due to rapid growth, increased touris~, and an increase in the number of traffic incidents. Dedicated Traffic Analyst and Data Entry staff to produce intelligence which will result in rapid deployment of Collier County Sheriffs Office personnel and resources to make effective plans that result in-the safest Collier County transportation system possible under such adverse circumstances are needed. Funds Provided by U.S. Department of Tnmsportaticn, Na60nal Highway Traffic Safaty Administra60n. Catalog of Fedaral Dom.stic Assistance Number- 20.600, Stat. and Communlly Highway Safety Program. FORMSOl)..065.01 SAFETY OGC.06I9S Part \I: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) State below and use continuation pages as necessary. . 1. Statement ot the Problem The problem is the Collier County Sheriff's Office (CCSO) does not have a dedicated Traffic Analyst and Data Entry Clerk to provide accurate and timely intelligence, which will result in rapid deployment of personnel and resources to ensure effective tactics, relentless fallow-up and assessment to reduce crashes, injuries and fatalities in Collier County, Florida. Because of growth and an increase in traffic, the Collier County Sheriff's Office needs to proactively address the correction of conditions at crash-prone locations, increase public safety, and solve local traffic problems. Collier County is the largest county east of the Mississippi "River covering 2,025 square miles. Collier County is a Southwest Florida county that is growing at a tremendous rate. The permanent population in 1990 was 152,099. The 2000 permanent population is expected to be 233,177. An additional 15,288 migrant farm ~orkers make Collier County their temporary residence and an additional 90,000 people make Collier County their winter home, Each year at least sixteen million vehicles pass through 1-75 interchanges into Collier County. Many of the vehicles utilize Collier County interchanges and roads for gas, lodging, brief rests, and food. There has been an increased problem with traffic safety in Collier County due to rapid growth, increased tourism, and an increase in the number of traffic incidents, A 1999 Collier County League of Women Voters household survey indicates traffic (ranging from speed to road rage) is the most important law enforcement problem that needs to be addressed in Colll"er County, Current road systems are inadequate and cause heavy traffic conditions. Several massive long-term construction proj ects have commenced that will increase main arterial roadways in Collier County from two to four lanes, However, closed lanes, detours, confused drivers, resulting slow traffic and speeding violators in other areas have caused a high volume of dangerous traffic situations. Larger numbers of crashes occur at highly congested major intersections. Each year eight to ten intersections sustain 50 or more crashes. These intersections have a traffic count range of 30,000 to 80,000 vehicles per day. All major north/south and east/west thoroughfares are more congested and harder to access by law enforcement officers as a result of regular traffic, traffic accidents or other emergency situations. Traffic congestion in Collier County is a significant problem. Collier County traffic counts have increased annually by 2.22% with the "Average Annual Daily Total Peak Season II traffic count increasing an average of 115%. Traffic on US 41 fluctuates from 4,000 to 52,000 cars per day (depending on day of week and time of year). On an "Average Annual Day" nearly 56,000 cars cross the Collier County-Lee County Line to the north and 12,000 cross the Collier County- Broward County line to the southeast on Interstate 75. 44,000 cars utilize the four Interstate 75 interchanges daily. This equates to over 16 million cars traveling :2 FORM5OI)..06>t11 SAFElY OGe - 06r9S through Collier County annually from Interstate 75 (3 interchange roadways have deficient traffic volume ratings) . Each year the Collier County Department of Transportation rates roadways in Collier County by their ability to handle traffic. These ratings are based on "road segmentsH, which are stretches of roads between key intersections. These ratings (A- best through F-worst) aid the county in allocating funds for road improvements. However, due to the rapid growth of the county1s population and traffic volumes, several major road segments have D, E and F ratings with few improvements slated in the near future. 25% of all road segments in 1999 were rated D or worse (based on 133 tested road segments). 62% of all road segments in Collier County are rated "C- average to F-the worsttl. Interstate 75, our major link to the northern part of the state, is rated for 47,700 cars and currently handles 56,000 (an F rating). The following roadways have segments that are currently deficient to handle traffic volumes: CR-84 an access road to Interstate 75 (Davis Boulevard) is rated for 10,800 and currently handles 15,790 (F rating); Airport Road (CR-31, a major north/south roadway) is rated for 51,900 and currently handles 55,644 (F rating); Immokalee Road (SR-846, a major east/west roadway) is rated for 15,800 and currently handles 16,081 (1 - E segment and 2 - D's) i Pine Ridge Road (an access road to Interstate-75 and major east/west roadway) is rated for 34,600 and currently handles 39,580 (F rating); USc41 (Tamiami Trail - major north/south roadway) is rated for 36,500 and currently handles 45,653 (F rating). Several road segments rated D, E and F are slated for improvements, which will cause traffic delays, traffic re-routing, construction zones, congestion, closed lanes and detours, and dangerous driving situations. All major north/south and east/west roadways that are experiencing traffic congestion, which in itself is hindering, are flanked by canals, curbings, median strips with vegetation, guardrails, and other barriers that create problems redirecting traffic when there are vehicle breakdowns, traffic crashes, and other related problems. These natural barriers combined with excessive traffic volumes make responding to emergency situations impossible. Traffic enforcement is also difficult in these areas due to the inability to safely conduct a traffic stop. A January 14, 2000 Naples Daily News article stated that on January 13, 2000 Governor Jeb Bush proposed a $4 billion plan to expand and improve the state transportation system over the next 10 years. Construction would commence on 1-75 from south Collier County to the north Collier line in 2009. The earliest the first of a list of MPO's highest priority projects will commence will be in fiscal year 2002. A coordinated traffic signal system is set for 2002; the design work for the expansion to six lanes of a 2-mile stretch of Golden Gate Parkway from Airport- Pulling Road to 1-75 is slated for 2004 with construction starting 4 years later; the widening to six lanes of a 1.3 mile segment of U.s. 41 North from Old U.s. 41 to the Lee County line is set for 2004; construction of the interchange of 1-75 at Golden Gate Parkway could start in 2004. These dates are important because residents and tourists are already suffering from congestion on Collier's roadways. Delays in construction are going to cause more congestion and potentially more crashes. Between now and the time small and large road construction projects and the installation of a computerized traffic signal system is implemented, the traffic load will increase from the current emergency situation to a critically clogged and more accident prone transportation system. There is a grave need for dedicated Traffic Analyst and Data Entry staff to produce intelligence which will result in rapid deployment of CCSO personnel and resources to make effective plans that result in the safest Collier County transportation system possible under such adverse circumstances. The majority of crashes in Collier County take place between the hours of 2 - 7 PM on Fridays and Saturdays. The 1996, 1997, and 1998 crash statistiGs indicate, 3 FORM SOO-06S..o1 SAFElY OGe . 06Ml The majority of crashes in Collier County take place between the hours of 2 - 7 PM on Fridays and saturdays. The 1996, 1997, and 1998 crash statistics indicate: Category/Year Speed-related Crashes Speed-related Injuries Speed-related Deaths 1996 2,500 2,511 44 1997 2,516 2,555 55 1998 2,512 2,441 52 Due to budget constraints, the CCSO does not have a Traffic Analyst and a traffic statistics Data Entry Clerk to provide timely intelligence for follow-up and assessment to reduce traffic problems that result in crashes, injuries, and deaths in Collier County. 2. Proposed solution Due to the number of traffic crashes, citizens t complaints in Collier County, and currently unbudgeted local funds to support Traffic Analyst and Data Entry positions, a DOT grant is needed to aid in the implementation of a CCSO Traffic Report Project. A goal of the project is to reduce traffic problems that result in crashes, injuries, and death. With a Traffic Analyst and Data Entry positions, the CCSO can expand and enhance solutions to traffic problems in Collier County. 3. Objectives An objective of the CCSO Traffic Report Project will be to receive and analyze Collier County traffic information. Another project objective is to disseminate traffic statistics in a timely manner resulting in a reduction of traffic crashes, injuries and fatalities, identification of dangerous engineering conditions to ensure their correction, and the increase of safety education efforts for children, pedestrians and the motoring public. Two personal computers and printers and a stand-alone personal computer for Internet access are needed for the Traffic Analyst and Data Entry Clerk to assess and provide traffic-related information. 4. Evaluation Department of' Highway Safety and Motor Vehicles data will be used by the Sheriff's Office to evaluate the success of the CCSO Traffic Report Proj ect. The main focus of the evaluation will be the number of traffic incidents. Evaluation sources will also include local statistics. The results of the analysis and the impact of rapid deployment of CCSO personnel and resources will be reviewed. 5. Milestones (see form provided) (wordjjhja:trafficreport PARTII) 4 Timetable for Milestones Milestones 1st Quarter . 2nd Quarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP . Advertise Positions X Hire Data.Entry & Traffic Analyst staff X Order office supplies X Order Office equipment X Order office furniture X Receive orders and place in operation X Training for Data Entry person X Training for Traffic Analyst X Upgrade or rewrite existing X database Analyze crash contributing' causes X X X X X X X X X X X X Provide crash/enforcement summaries that will be used to support field operations and program planning, and X X X X 'X X X X X X X development of counter- measures Track selective enforcement activity and measure their effectiveness X X X X X X X X X X X X Evaluate project and outcomes X X X X X X X X X X X X Enforce safety belt and occupant protection laws X X X X X X X X X X X X submit grant claims x-a' X X X X X X X X X X X ubmit quarterly reports x-a X X X ,ubmit Final Narrative X-OJ . .............::>uu-Ull~, S"FE"N CGC OMIS 5 C-DeI99 .. PROJECT DETAIL BUDGET Part \II: _ Project Title: Collier County Sheriff's Office Traffic Crash Report Project project Number. Contract Number. BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services Basic Salary - Traffic Analyst 24,300 24,300 0 0 Benefits. - Traffic Analyst 9,200 9,200 0 0 Basic Salary - Data Entry Clerk 21, 000 21, 000 0 0 . Benefits - Data Entry Clerk 8,500 8,500 0 0 Sub-total .63,000 63,000 0 0 B. Contractual Services 0 0 0 0 Sub-total 0 0 0 0 C.Expenses ; 2 printers @ $500 1, 000 1, 000 0 0 2 liability ins.premiums @ $300 600 600 0 0 Misc. office supplies (file folders, pencils, pens, paper, staples, etc.) 600 600 0 0 2 desks @ $400 800 800 0 0 2 chairs @ $300 600 600 0 0 Specialized training for Traffic. Analyst & Data Entry Clerk @ 1,000 2,000 2,000 0 0 Sub-total 5,600 5,600 0 0 D. Operating Capital Outlay . 3 PCs @ $2,500 7,500 7,500 , 0 0 (1 stand alone PC for Internet, 1 PC for Traffic Analyst & 1 PC for Data Entry Clerk) Sub-total 7,500 7,500 0 0 E. Indirect Cost 0 0 0 0 Sub-total 0 0 0 0 Total Cost of Project 76,100 76,100 0 0 S^'ETY OG Budget Modification Number. Effective Date: 6 .08/9, . . BUDGET NARRATIVE Project Title: Collier County Sheriff's affic", Tr"ffic Crnsh Reoort pro"iect Project Number: Contract Number. The following.is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. Federal !&rnl Funds Match . Salaries and Benefits Costs to be reiI:nbursed with Federal Funds in this category $63,000 $0 include the base salaries and benefits for one Traffic Analyst and one Data Entry Clerk. Benefits include FICA, retirement, health and life insurance and workers compensation. Contractual Services .$ 0 $0 'Expenses Costs to be reimbursed with Federal Funds in this category $ 5,600 $0 include miscellaneous office supplies, 2 desks, 2 chairs, 2 printers, liability insurance, and training for the 2 grant funded positions. Operating Capital Outlay Costs to be reimbursed with Federal Funds in this category $ 7,500 $0 include 3 PCS (one PC for the Data Entry Clerk and two for the Traffic Analyst. one Traffic Analyst PC will be a stand alone PC for Internet). Indirect Cost $ 0 $Q Total Costs To Be Reimbursed with' Federal Funds $76.1 OQ $Q FORM 50C.0e:s.o1 S"ETY DOC 7 Budget Modification Number. Effective Date: FORM 500-055..01 5""FE:TY .. , OGC.08J9~ " , Part IV: REPORTS Quarterly Progress Report Narrative for the quarter. Project Title: Collier' County,Shariff's Office Traffic Crash Report Project Project Number: implementing Agency: Collier County Shariff's Office Project Director: Lt. Al Ganich Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. , 8 S"FE"TY .. ' OGe .oal9s QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. Project Title: Collier County Sheriff's Office Traffic Crash Report Project Project Number: Implementing Agency: Collier County Sheriff's Office Project Director. Lt. Al Ganich Milestones Accomplished Performance Indicators Quarter Qua".r Si.-Month Quarter Que"'.r Project Ending Ending Totals Ending . Endinll Totals December 31 March 31 June 30 Seplember 30 Number of traffic crashes by , district and area. , Number of crashes at major intersections. Number of crashes: , time of day day of week hmo' "T "o~r . Number of traffic citations issued. , Number of safety belt and occupant protection citations issued. Number of child safety seat violations issued. 9 OGC-08151g. Final Narrative Report Project Title: C'.nl1ipr C'.nlmty Shpriff'~ nff;~p Tr~ffi~ Crp&lLEeP9ft pro"iect Project Number: Implementing' Agency: Collier Countv Sheriff' " off ice Project Director. r.t 1\1 r~ni rh The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. It is an accurate accounting of the project performance and accomplishments. (Attach additional sheets as needed.) , . . FORMSC\0.06S.01 '''EN 10 FORM 500-05>01 SA.FETY OGC.08f99 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE. Part V: ACCEPTANCE AND AGREEMENT Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms and conditions shall become binding. Noncompliance may result in loss of, or delays in cost reimbursement. The term subgrantee as used in Part V refers to the subgrantee and its implementing agency. Part I through Part IV, attached to this agreement, are incorporated by reference herein, 1. Reports. The subgrantee shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, Juiy 31, and October 31 if there was subgrant activity during the quarter prior to the deadline., The subgrantee shall submit a Final Narrative Report, giving chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31, unless the State Safety Office extends the subgrant period due to late award of the subgrant. Requests for reimbursement may be retumed to the subgrantee unpaid if the required reports are past due. 2. Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund accounting , procedures which assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project will be disbursed in accordance with provisions of the project budget as said budget was approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR 18, Unifor.m Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; National Highway Traffic Safety Administration (NHTSA) Order 462- 13A, Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments; OMB Circular A.102, Grants and Cooperative Agreements with State and Local Governments; OMS Circular A.110, Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-B7, Cost Principles for State and Local Governments; andlor OMB Circular A-122, Cost Principles for Non-Profit Organizations, as applicable (hereinafter referred to as Applicable Federal Law). All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. The subgrantee, by entering into this agreement, certifies that it meets and will comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant. 3. Compliance with Chapter 287, Florida statutes. The subgrantee agrees to satisfy all requirements provided in Chapter 287, Florida Statutes, and other applicable state law. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all subgrantee's consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee. Approval of the subgrant agreement does not constitute approval of a consultant or contractor agreement. ' 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. 11 FORM SOo..oes..01 S"'FETY one . 08/99 6. Travel. Travel costs for approved travel will be reimbursed in accordance with regulations appiicable (0 the subgrantee, and the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All travel for out-of-state or out-of-grant-specified work area shall require written approval of the State Safety Office prior to the commencement of actual travel. 7. Written Approval of Changes. The subgrantee must obtain prior written approval from the State Safety Office for changes to the agreement. For exampie: (a) Changes in project activities, goals and objectives, or research plans set forth in the approved appiication. (b) Changes in budget items and amounts set forth in the approved application. B. Reimbursement Obligation. The State of Florida's performance and obiigation to reimburse the subgrantee will be subject to the availability of Federal Highway Safety funds and an annual appropriation by the Legislature. As approved in 49 CFR, Part 29, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee shall submit the required certification by consultants with awards in excess of the small purchase threshold (currently $25,000). ' 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee will report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee to the State Safety Office. If the statement is not received in 60 days, the State Safety Office may cancel the project and reobiigate the funds ,to other program areas. i The State Safety Office, where warranted by excusable delay, may extend the implementation date of the project past the 60-day period, but only by formal written approval fro'm the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's consultants and contractors which shall be attributed to the subgrantee, the subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee. Such causes may include, but are not restricted to, acts of God or of the pubiic enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually sev'ere weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in ' default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee in writing to procure such supplies or services from other sources, and (3) the subgrantee shalt. have failed to comply reasonably with such order. (b) Upon request of the subgrantee, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by anyone or more of the said causes, the delivery schedule shall be revised accordingly. 12 FORM 500-065-0' SAFET'I OGC.08f9S 11. Obligation of Subgrant Funds. Subgrant funds may not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or pr,ior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee or approved contractor or consultant performs the service required, or when goods are received by the subgrantee, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the subgrantee's consultant(s) or contractor(s) and supplier(s), the Department shall impose such sanctions as it deems appropriate. Such sanctions inciude withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee of such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. For fiscal years beginning on or before June 30, 1998, the reporting packages and data collection forms shall be submitted to the State Safety Office program manager by the subgrantee within the earlier of 30 days after the receipt of the auditor's report, or 13 months after the end of the sub9rantee's fiscal year. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or nine months after the end of the subgrantee's fiscal year. For audits conducted only under Section 216.349, Florida Statutes, the report is to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 12 months after the end of the subgrantee's fiscal year. The date the audit report was delivered to the subgrantee must be indicated by the subgrantee in correspondence accompanying the audit report, or reporting package, and data collection form. The subgrantee shall follow up and take corrective action on audit findings. OMB Circular A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. ' The subgrantee shall also submit required audit documentation as follows: A reporting package and a data collection form for all audits conducted in accordance with OMS Circular A-133 shall be sent to: Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10th Street, Jefferson, IN 47132. , Reports of Audits conducted in accordance with Section 216.349, F.S., and Chapter 10.600, Ruies of the Auditor General shall be sent to: State of Florida Auditor General, P.O. Sox 1735, Tallahassee, FL 32301- 1735. Failure to fumish an acceptable audit as determined by the State or cognizant Federal audit agency may be a basis for denial or refund, or both, of Federal funds. Federal funds determined by the Department to be misspent must be refunded to the Department, regardless of disclosure in the audit report. 13 15. , Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (Department Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. Requests should be submitted on a regular basis as costs are incurred and payment is made, All requests for reimbursement for Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more must be accompanied by a Non-Expendable Property Accountability Record (Department Form No. 500-065-09). Payment of the Operating Capital Outlay costs will not be made before receipt of this form. FORM 500-055.01 SAFETY OGC -O8l91l A final financial request for reimbursement must be submitted to the State Safety Office within 30 days after the end of the subgrant period. Such request must be distinctiy identified as Final. Failure to comply'will be grounds for forfeiture of reimbursement. 16. Retention of Records. All records and financial documents must be maintained for a minimum period of three years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records also must be maintained and accessible in accordance with Section 18.42 of 49 CFR 18 or Section 19.53 of 49 CFR 19. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and re~ults developed, produced, or discovered by the agreement are governed by the terms of Section 18,34 of 49 CFR 18, Section 19.36 of 49 CFR 19, or OMB Circular A-110, Attachment N, Paragraph 8. 18. Property Accountability. The subgrantee shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this .agreement in accordance with Federal Property Management Standards as set forth in Section 18.32 of 49 CFR 18, Section 19.34 of 49 CFR 19, or OMS Circular A.110, Attachment N. This obligation continues as long as the property is retained by the subgrantee, notwithstanding the expiration of this agreement. ' 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 caiendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above must include the following statement on the cover page: 14 . FORM 500-06$.01 SAFETY OGC.08199 (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration. U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation or any other agency of the State or Federal Govemment. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee agrees to comply with E.O. 11246, as amended by E.O. 11375, and as supplemented by 41 CFR part 60. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to the negligent acts of subgrantee, and its contractor, consultant, agents and employees. The subgrantee shall be liable for any loss of, or injury 'to, any material developed or serviced under this subgrant agreement which is caused by the subgrantee's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. ' 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee agrees to the following assurance: The subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The subgrantee'shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT. assisted contracts. The subgrantee's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this , agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). (b) The subgrantee agrees to include the following assurance in each contract the subgrantee signs with a consultant or contractor and to require its consultant Or contractor to include this assurance in all subcontract agreements: The subgrantee's consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to canry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the subgrantee or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee agrees to comply and require it's consultants and contractors to comply with 49 CFR part 20, New Restrictions on Lobbying, for filing of certification and disclosure forms. 15 FORM SOO.0e5-O, SAFETY OGe . O51i9 No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch or state agencies. Section 216.347, Florida Statutes. " ' 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. in such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds must be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review and written approval for reimbursement. The name of the subgrantee and its logo can be used on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. ' , 29. Term of Agreement. All subgrant agreements shall begin on the date of the last party to sign and shilll end on September 30. following, unless so'stipulated by the State Safety Office. ' 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100.000 the subgrantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seL) and the Federal Water Pollution Control Act (33U,S.C, 1251 et sef.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel. The head of any subgrantee receiving first year funding for a new position(s) through this agreement shall provide written notification to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded within 30 days of the agreement being awarded. ' Any and all employees of the subgrantee whose positions are funded, in whole or in part through this agreement, shall be the empioyee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period, The State Safety Office, on behalf of the US DOT, may repossess any equipment purchased with Federal highway safety funds that is not being used by the subgrantee for the purposes described in the subgrant agreement. Items that are repossessed will be disbursed to agencies that agree to use the equipment for the intended activity. 33. Replacement or Repair of Equipment. The subgrantee is responsible for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stoien, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment repiacement. 34. Ineligibility for Future Funding. The subgrantee may be ruled ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, 16 FORM SOQ..055-01 SAFETY . OGe. OMf?- (C) Failure to provide required quarterly and final reports in the required time frame, (d) Faiiure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Special Conditions., (a) All subgrantee agencies must have a written safety belt policy which is enforced for all employees of the agency. A copy of the policy must be attached to the subgrant application. (b) Any law enforcement agency receiving highway safety funds must have a standard operating procedure (SOP) regarding enforcement of safety belt and child safety seat laws. A copy of the SOP must be attached to the subgrant application, and safety belt and chiid seat citation totals must be reported on the Quarterly Progress Report of Performance Indicators. The head of any agency purchasing equipment costing more than $500 per item must send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with Federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with Federal, State or local funds. Recipients of Federal and State funds are to have audits done annually USing the following ,criteria. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA), title arid number, award number and year, and name of the awarding F,ederal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. (c) (d) In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMS) Cirr;ular A-133. If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMB Cirr;ular A-133 is not required. If a recipient expends iess than $300,000 in Federal awards during its fiscal year and elects to have an audit conducted in accordance with the OMB Cirr;ular A-133, the cost of the audit must be paid from non-Federal funds. In the event that a recipient expends $300,000 or more in State award funds during its fiscal year,' the recipient must have a State single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient expends less than $300,000 in State awards during its fiscal Year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State funds. '. 17 (c) Failure to provide required quarteriy and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, FORM SOO-oe5.cn SAFEl'Y - OOC. 08/99 (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Special Conditions., (a) All subgrantee agencies must have a written safety belt policy which is enforced for all employees of the agency. A copy of the policy must be attached to the subgrant application, (b) Any law enforcement agency receiving highway safety funds must have a standard operating procedure (SOP) regarding enforcement of safety belt and child safety seat laws. A copy of the SOP must be attached to the subgrant application, and safety belt and child seat citation totals must be reported on the Quarterly Progress Report of Performance Indicators. (c) The head of any agency purchasing equipment costing more than $500 per item must send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with Federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with Federal, State or local funds. Recipients of Federal and State funds are to have audits done annually using the fOllowing criteria. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA), title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Cataiog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. (d) In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMS Circular A-133 is not required. If a recipient expends iess than $300,000 in Federal awards during its fiscal year and elects to have an audit conducted in accordance with the OMS Circular A-133, the cost of the audit must be paid from non-Federal funds. In the event that a recipient expends $300,000 or more in State award funds during its fiscal year, the recipient must have a State single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10,600, Rules of the Auditor General is not required. If a recipient expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and, Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State funds. lR FORM 500-065_01 S....FETY OGe .oef9ll Reporting 'Packages and management letters generated from audits conducted in accordance wiih OMS Circular A-133 and Financial Reporting Packages generated in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shail be submitted to the State Safety Office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the State Safety Office no later than 9 months after the end of the recipient's fiscal year. The recipient shail follow up and take corrective actions on audit findings, Preparation of a summary 'schedule of prior year audit findings, including corrective action and current status of the audit finding is required, Current year audit findings require corrective action ahd status of finding. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shail be retained until the action is completed or the dispute is resolved. Access to project records and audit workpapers shall be given to FOOT, the Comptroiler, and the Office of the Auditor General. The recipient shail submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMS Circular A-133 shail be'sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 A Financial Reporting Package of audits conducted in accordance;with Section 215.97, Florida St,atutes, and Chapter 10.600, Rules of the Auditor General shail be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee,.FL 32302-1450 (e) Financial reimbursement forms must be submitted to the State Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Failure to submit reimbursement requests in a timely manner may result in the subgrant being terminated. (f) Agencies that host sobriety checkpoints, shail attach a copy of each After Action Report to the appropriate quarterly report form. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may' not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact bl,lSiness with any public entity. (See section 287. 134(3)(a), Florida Statutes.) 19 1~/2~/2G~fl 12:48 941-793-9597 SHERIFF'S FIN~NCE P~GE ~2 ~ORh\!CIl)..QSI-01 I/o..,.,. OGC.OM' PROJECT NUMBER: IN WITNESS 'WHEREOF: the parties affirm that they have each read and agree to the conditions set forth in F'art V of this AgreemBnt, that each have read and understand the Agreement In Its entirety. Now, therefore. in consideration of the mutual ccvenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For D. O. T. U$e Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANTEE Collier County Board of Commi~~ioners Name of Applicant Agem;y Typed By: By: Sit;natureof Authorized Representative TItle: Jamee D. Carter. Ph.D., Chairman Authorized RepreSent8tive'$ Name Typed Date: Title: ctJ"irrnan. Collier County Corrmiesion Attsst; Cate: "\test: Signature of Witness FEDERAL FUNDS ALLOCATED ADMINISTRATOR OF IMPLEMENTING AGENCY Reviewed for the Departmant of Transportation: Don Hunter By: Administrator'$ Name Typed Attorney- DOT, Date: TItle: Sheriff, Collier County, NOTE: No whlteaut or erasures accepted an this signature pa98, ","""",,",.APGR Ci) 20 ApJllfOt'e4.. &0 ICll1U . ;ga.l'ILl'!lcle.:.o., ..- n I ' I /)I^-" \" t--..c~_---------- , ", ~":'~llo4~eo....t1"l.nQi'D"'l' - EXECUTIVE SUMMARY PUBLIC HEARING FOR THE 2000 GROWTH MANAGEMENT PLAN AMENDMENTS OBJECTIVE: For the Board of County Commissioners to review the 2000 Amendments to the Collier County Growth Management Plan and consider approving said Amendments for transmittal to the Florida Department of Community Affairs. CONSIDERATIONS: . Chapter 163, F,S" provides for an amendment process for the adopted County Growth Management Plan, . Resolution 97-431 provides for a public petition process to amend the Plan, . The CCPC held their transmittal hearings on October 5 and October 19, 2000, . This transmittal, hearing considers amendments to the following Elements of the Plan: o Future Land Use Element o Golden Gate Area Master Plan FISCAL IMPACT: There are no fiscal Impacts to Collier County as a result of these amendments to the Growth Management Plan, GROWTH MANAGEMENT IMPACT: Approval of these Amendments by the Board of County Commissioners for transmittal to the Florida Department of Community Affairs will commence the Department's mnety (90) day review process and ultimately return these Amendments to the Planning Commission and the Board of County Commissioners for a final adoption hearing. ENVIRONMENTAL ISSUES: Two amendments to the Growth Management Plan (CP-2000-2 and CP-2000-5) contain jurisdictional wetlands; however, there is no presence of any protected plant or animal species, HISTORICAL/ARCHAEOLOGICAL IMPACT: The amendments to the Growth Management Plan do not contain lands identified as being in areas of historical or archaeological probability, EAC RECOMMENDATION: Comprehensive Plan amendments are not reviewed by the EAC, CCPC RECOMMENDATION: The CCPC public hearing to transmit the 2000 Growth Management Plan amendments was scheduled for October 5, 2000 and continued to the October 19,2000 CCPC meeting, Therefore, staff will present the CCPC recommendations at the October 24, 2000 BCC public hearing, PLANNING SERVICES STAFF RECOMMENDATIONS: I', 1. PETITION CP-2000-2, Ross McIntosh, requesting to amend the Golden Gate Area Master Plan and Future Land Use Map by creating a new Estates Subdistrict to be known as the "Logan BoulevardJPine Ridge Road Transitional Use Subdistrict", The subject site for this proposed subdistrict is located within the northwest quadrant ofthe Logan Boulevard and Pine Ridge Road intersection on approximately +/- 5,96 acres. Permitted uses for this subdistrict will include office/medical or conditional uses or a combination thereofw'... specific development standards. AGQIOA ITEM/ ,No. ~,.q)_ , .OCT 124 2000 Pi. ( Recommendation: transmit this petition to the DCA - allowing Conditional Uses as provided for in the Golden Gate Area Master Plan, increase buffering to 50 feet on the west, east and south property boundary lines; provide a minimum typeC buffer to include retention of as much native vegetation as possible, Alternative recommendation: transmit this petition to the DCA - allowing office/medical and conditional uses as provided for in the Golden Gate Area Master Plan or a combination thereof; reduce the requested square footage to 30,000 square feet; increase buffering to 75 feet on all four property boundary lines; and provide a minimum type C buffer to include retention of as much native vegetation as possible, 2, PETITION CP.2000-3, Citrus Grove Partners, et aI, requesting to amend the Future Land Use Element and the Golden Gate Area Master Plan text to clarifY/add permitted uses in the Settlement area, with the ultimate goal of amending the Orangetree PUD to add and/or expand certain uses, Recommendation: transmit this petition to the DCA - subject to staffs modifications, 3, PETITION CP-2000-4, Vanderbilt Beach Road Land Trust and Bucks Run Land Trust, requesting to amend the Future Land Use Element and Future Land Use Map by creating a new Subdistrict to be known as the "Vanderbilt Beach/Collier Boulevard Commercial Subdistrict", The subdistrict is proposed at the northwest quadrant of Vanderbilt Beach Road Extension and Collier Boulevard (approximately 33.45 acres) and on the east side of Collier Boulevard and north ofKings\ lIIe Road (approximately 15,09 acres), This subdistrict will permit a maximum of 360.000 square feet of gross leasable commercial development. Recommendation: not to transmit this petition to the DCA, 4, PETITION CP-2000-S, C. Allen Kann, requesting to amend the Future Land Use Element and Future Land Use Map by creating a new Subdistrict to be known as the "Livingston/Pine Ridge Commercial Infill Subdistrict", The subject site for this proposed subdistrict is located on the southeast comer of Pine Ridge Road and Livingston Road and is comprised of approximately 17,5 acres, This subdistrict wlll permit a maximum of 125,000 square feet of gross leasable retail commercial and professional or medical office related commercial development. Recommendation: transmit this petition to the DCA 5, PETITION CP-2000-7, John D, Jassy, requesting to amend the Golden Gate Area Master Plan and Future Land Use Map by re-naming the "CR- 951 Commercial In-fill Designation" to "Golden Gate Commercial In-fill Subdistrict", changing the subject site from Residential Estates Subdistrict to Golden Gate Commercial In-fill Subdistrict and modifYing this Commercial In-fill provision so as to allow certain commercial uses on the subject site and to provide development standards specific to this site, Recommendation: not to transmit this petition to the DCA, Alternative recommendation: transmit this petition to the DCA -limiting the entire site to conditional uses as allowed by the E-Estates zoning district; prohibit ingress and egress on Santa Barbara Boulevard; limit the site to one ingress/egress point only - a shared access point for all users- on Golden Gate Parkway; require the ingress/egress point be located as far west on the site as possible; and limit the ingress/egress to right-in, right-out only. 6, PETITION CP-2000-Il, The Board of County Commissioners requesting to amend the Future Land Use Element by modifying the definition of "direct principal access" for travel trailer recreational vehicle parks, AGENQA ITEM Recommendation: transmit this petition to the DCA. No. ~A') / OCT 2 4 2000 PI. .,:;. RECOMMENDATION: That the Board of County Commissioner review the Growth Management Plan Amendments and ',onsider adopting or adopting with changes a Resolution approving these amendments for transmittal to the Florida Department of Community Affairs, PREPARED BY: ./',.. .,< MICHELE R. MOSCA, SENIOR PLANN R - DATE: REVIEWED BY: DATE: STAN LITSINGER, AI COMPREHENSIVE PLANNING MANAGER REVIEWED BY: /1-t;?~t~ DATE: ROB RT MULHERE, AICP PLANNING'SERVICES DIRECTOR APPROVED BY: DATE: JOHN M, DUNNUCK. III INfERIM ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION /v jc ,- ,i(' /-~-'~ ' . I () ~i'U AGENDA ITEM No..q'IJJ / OCT 2 4 2000 PlI. ........s J NOTE: The back-up material fOi this Executive Summary is abbreviated, The complete back-up material for these Growth Management Plan amendments is available for review, Monday through Friday, between the hours of 8:00 a,m, and 5:00 p,m" in the Comprehensive Planning Section, located in the Community Development and Environmental Services Center at 2800 north Horseshoe Drive (telephone: 403-2300), On October 24, 2000, the day of the Board of County Commissioners public hearing on these amendments, the complete back-up material will be available for review in the hallway outside the BCC Meeting Room, 3'd Floor, Administration Building, at the Collier County Government Center, 3301 East Tamiami Trail. ,~ AGENOA ITEM No. ,1;2( t1) / OCT 2 ~ 2000 Pg, f .~--.- RESOLUTION NO, 2000, A RESOLUTION APPROVING THE PROPOSED GROWTH MANAGEMENT PLAN AMENDMENTS TO THE FUTURE LAND USE ELEMENT; THE FUTURE LAND USE MAP; THE GOLDEN GATE AREA MASTER PLAN; AND THE GOLDEN GATE FUTURE LAND USE MAP FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS WHEREAS, Collier County, pursuant to Section 163.3161, at. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared Plan Amendments to the following elements of its Growth Management Plan: Future Land Use; including the Future Land Use Map GoJden Gate Area Master Plan WHEREAS, the Collier County Planning Commission has considered the proposed amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendments, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed Amendments and DCA must transmit, in writing to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan Amendments must review and determine if the Plan Amendments are in compliance with the Local Government Comprehensive Planning and land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida AGENDA ITEM No. /419) , OCT 2 4 2000 <5 Pi. Administrative Code, pursuant to Section 163.3_184, Florida Statutes. Words underlined are additions; Words strlolsl' tRrebliJ~ are deletions NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the p "posed Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendments prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second ae. .."ajority vote this day of ,2000, ATTEST: DWIGHT E, BROCK, Clerk BOARO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman Approved as to form and i,_ ,:.al sufficiency: Marjorie M. Student Assistant County Attorney 2000 GMP Transmittal Resolution r- Words underlined are additions; Words str-blGI, tl=lF9blgA are deletions AGENOAIl'EM No. -GlflJ / OCT 2 4 2000 b Pg. . EXHIBIT A CP-2000-2 4, Logan Boulevard! Pine Ridge Road Transitional Use Subdistrict Recognizing the unique attributes of +/. 5,96 acres located at the comer of Logan BoulevardlPine Ridge Road including all of Tract 15 and the south 150 feet of Tract 16. Unit 34 Golden Gate Estates. and the documented need for office/ medical uses and conditional uses at this location. the Logan BoulevardlPine Ridge Road Transitional Use Subdistrict is established on the Golden Gate Future Land Use Map. This subdistrict allows for the development of office or conditional uses or a combination of these two uses to be developed within this subdistrict. A. Office and Medical Uses Within this subdistrict 3,7 acres of office/medical use is permitted with a maximum of forty thousand (40.000) square feet of gross leaseable floor area, Uses shall be the same as those uses permitted within the C-l and C.I/T districts outlined in the Land Development Ordinance 91-102 as of the effective date of the adoption of this ordinance. However homeless shelters. soup kitchens. employment agencies. and retail uses including barber and beauty shops. automobile parking. shoe repair shops and physical fitness facilities are not permitted, The balance of the area located outside the office/medical use area comprising +/. 2,2 acres shall remain in open space, B. Conditional Uses Within this subdistict 4,2 acres of Conditional Uses of the Estates Zoning District for the property with a maximum floor area ratio (FAR) of .45; for categorY I and II grOUP care facilities. care units: nursing homes: Assisted Living Facilities pursuant to 400-402 F-S and CH58A-5F AC: continuing care retirement communities pursuant to 651 FS and CH4-l83 F AC: schools: churches. social and fraternal organizations and child and adult car facilities. The balance of the area located outside the Conditional Use area comprising +/- 1,8 acres shall remain in open space, Co Development Standards for all Uses All permitted uses within this district shall be encouraged to be submitted as a Planned Unit Development for the subiect propertv in its entirety. with special attention to be provided for shared access. water management. uniform landscaping. signage. screening and buffering and other pertinent development standards to insure compatibility with nearby residential areas. and subiect to the following additional criteria: 1. Building height shall be limited to a maximum of one (]) storY for office or medical use on the northern portion of the property and two (2) stories on the southern portion of the property fronting on Pine Ridge Road. 2, Building height shall be limited to a maximum of one (n storY or conditional uses with the exce tion of churches an schools which ma hei ht at the time of zonin a roval based on the review of more detailed AITEh! No.~lL OCT 2 4 2000 Pg. 1 I (words underlined are added; words struelltkr8ugk are deletedl 3, There shall be a minimum buffer of seventy-five feet along the north property line and thirty feet along the western property line. 4, There shall be a minimum buffer of fifty feet along Pine Ridge and Logan Boulevard for office and medical uses and for conditional uses the buffer along Logan Blvd, and Pine Ridge Road is twenty. five (25) feel. 5, Where both office/medical and conditional uses are mixed on the same property. the most restrictive buffer area requirement shall apply which is fifty (50) feet along Pine Ridge Road and Logan Boulevard, 6, Buffer areas shall not include parking, Water management areas in the form of dry retention areas, or storage in wetlands areas is permitted within 'the buffer areas along Pine Ridge and Logan Blvd.. and the 30 foot buffer area to the west. but not the seventy-five (75) foot buffer area to the north of the subiect property, 7, The maximum gross leaseable floor area of office/medical building footorint shall be 6,000 S,F, However. buildings may be ioined together with architectural treatments. and shall be designed to take on the character of residential structures through the treatment ofrooflines and other architectural embellishments. 8, Should the subiect property develop a mix of office/medical and conditional uses the development intensIties noted herein shall be allocated proportionately within the limits of prescribed development intensities. ~ AGENOAITEM No. NlL. OCT 2 ~ 2000 Pg. f' 2 , lwerds underlined are added, words struel, through are d~etedl PETITION CP-2000-02 EXHIBIT A LOGAN BLVD, I PINE RIDGE ROAD TRANSITIONAL USE SUBDISTRICT COLLIER COUNTY, FLORIDA - - - ~;~~~ ~= Q~~ ~ =;- ~ ~ ~~~i=t- J ~ ~7 Y":::l ~~~, ~- - jI ~ ~ \~ ( ~ i" '--'" -, ,- -< ~ ~ If ~ 1/ - - f-- f-- f-- - -- ~ IH r I-- -< > ~- - t- I SUBJECT SITE CP-2000-02 AGENOAITEM No. 4'#) I OCT 2 4 2000 PI; /q ! , I LEGEND ; I ~ SUBDISTRICT SCALE I ,I D 1000 FT. 2000 FT. PREPARED BY: GRAPttCS AND ~CHNICAL SUPPOJn SECnoN COloIWUNlTY DE~lOPt.l[NT AN[) ENVlRONWE)lTAL SEll:'v\CES DIVISION DATE: 8/2000 FILE: CP-2000-02.DWG i'--', EXHIBIT A GOLDEN GATE AREA rCTURE LA!\D l'SE \1:\P LEGE\'D 'J: ~ ~ o IiJ "0 Ii , o o 'iD I o '!o . p, ~[ PIOC[ ;; ~'A:. "",[0',',[ D'31".C "'fPS'A ',- ,~,,\," ':[\ '[ 0 A~ lOl ,,~'R'9,: Wue :JMP~~"e\SI'" ""A' ~':') '."le ,;y.."'~':,A' .... ": ' V" ,:~",,', ~ ~,~" 9~BA"'. ()~~[~.:'A, Su!L "~IC "~~A '. P[ C,::,~'.~" ,'~~A," 8~JLl',-,,,~ CC'~~E~i;.', J,~'P,,' er- r GOLDE:\" FCTURE LAND GATE AREA USE MAP o o [] I, SE' ce"Ct,' A~E' I " PROPOSED AMENDMENT CP-2000-02 '~c'"~l', ';~'E E:.,A'Eo, I ,Ii I: "E C'~O~.;<~' .__,-,:1'3 , 'I Ii ,., I I '.......' P[$.DP,-.Al DU,S.T' 8A'.:; o - \,~O,_A', NPPA !I ,ii , !I o ~ < > " ~ i CC;U~-, L i I NeT, .~o "Ae CAN" -, 9[ "',~"PC'[: w".c", 'H[ .;,Uk" !! 'J!3J<:C".1:S O(~ :TS ",C ,4',C c,[ :[,-'f":'C'~ A,C"'o~~" 5[ ':'~ '" '~~L~f', "."[ 'R(r. ".,',0 " I,., .... . " ~APLES IMMOkALf.E ROAD \' A~DERBlL T BEACH RD_ E,' I ~I ~ ~jrS RD -I , PI)\,'Ei R :Jl " ~ 0 ~ ~ .... z 0 " ;: ~ ~ 0 " ~ " / ~1Il_"0-'oll MI.lI'DU.Ol$TlII(:l Q '--", ~ \ . , , lHIUIP CAn PAIIMWAY PRQRHlOtIAL O'~IC( ~II(;IALa.TRlCY " < c z < D,"'VIS BLVD EXT ''J) SR-84 er- o C" , ,', -v, > ~... '., ~ >. ~~ .... ,''', 2MI GOLDIN GATl! FUTUM UNO USE .....P I AOOP'ED FE811l;Al/v,'99' A~rNDEO ~AY 19. '~92 r---;;;ENOED ~Av 25, 199" A"ENDED JV,'27_199J .....[NOED APR;c'2.'994 ( en "..E"OED "ARCH 14.1995 :;; ......ENOED OCTOBER27_1997 .... A"ENOED APRIL'4,'i98 A~(NDED SEi>Tf~BER 8. 199B A"ENDED FE8RU.R<2.'l,1999 ". "~[NDEO - IolAY9,2000 ...(PJJ<{On""....."'_Tr"""'C..."'.POfO'~Cl'OO' <"",,"-,NITT O[,,:,""""OT '00 (O""""~[OT", """'" "'~~"" '.'ll ro-LU-'~.I"""-'"O< ">". .n""" ",01. '-VlI,c^,,"^, z " RANDALL BOULEV ARD ~ . RANOAi..L SOULEV...1I0 COMlEflCIAL DISTRICT BOULEVARD 0 -I ~ < 0 > ~ ~ ~ < 0 > g " ~ 0 g ~ I 0 < l' ] ~ 0 ~ ~ " I > 0 ~ S,R-84 '-----; , , ! I , , 5 l_ I ~ ~ " " SUBJECT SITE ICP-2000-02' ~ c OOLDEN GATE WHITE BLVD " > ~ " I ,_, --------I I I ' I 1 , L----' ! \ I ___.-J ~ ~ o ~ o c lNTERSTATl:_75 Q ~ < > ~ ::; . g , " ~ c " 0 " t R 26 E R 27 E NAPLES IMMOKAl-EJ:: ROAD ,----J I 'OIL WELL ROAD I j:W. OCT 4 2000 R 28Pll, /b Exhibit A CP-2000-3 FUTURE LAND USE ELEMENT Agricultural/Rural Designation "C. Rural - Settlement Area District This District consists of Sections 13, 14,23,24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970, In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the tvpes of land uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January 1986. This Settlement Area is commonly known as Orangetree PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards, which also includes one or more uses not previously included in the Settlement and ZoninQ AQreement." GOLDEN GATE AREA MASTER PLAN Agricultural/Rural Designation "Settlement Area District This District consists of Sections 13, 14,23,24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January 1986. This area is now known as the Orange Tree PUD and the types of uses permitted are described in the PUD document. Uses permitted include residential. earth mining. commercial. aQricultural. community facility. community uses. education facilities. reliQious facilities. Qolf course. open space and recreational uses. essential service uses. In addition to these "vested" uses. recreational vehicle parks are permitted. subiect to the criteria specified in the Future Land Use Element of the Growth ManaQement Plan. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognized the property as an area which is outside of the Urban Designation and which is currently far removed from supportive services and facilities, Expansion of the Settlement Area in terms of additional lands or dwelling units, shall be discouraged. Its existence will have no precedential value or effect so far as justifying similar uses on surrounding or adjacent property. The Settlement Area "I Use District is limited to the area described above and shall not be available as Ci lan~ district for any other property in the County." OCT 2 4 2000 l (words underlined are added, words otruCJI< t)qr()u~h are delet d) Pa. /1 EXHIBIT A CP-2000-4 Vanderbilt Beach/Collier Boulevard Commercial Subdistrict This subdistrict is located on the north side of the intersection between the two (2) maior roadways of Vanderbilt Beach Road and Collier Boulevard. consistin!! of approximately 48,54 acres of land. On the west side of Collier Boulevard are approximately 33.45 acres and approximately 15,09 acres on the east side of Collier Boulevard, The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shoppin!!. personal services and employment for neighboring residential areas, The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring residents and assist in minimizing the road network required in this part of Collier County, This subdistrict is further intended to create a neighborhood focal point and the properly will be desil!l1ed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood, Development intensity for this subdistrict shall be limited to a maximum of 360.000 square feet of grosS leasable commercial area, The area west of Collier Boulevard shall be limited to 240.000 square feet of gross leasable commercial area and the area east of Collier Boulevard shall be limited to 120.000 square feet of gross leasable commercial area, Rezonin!!s shall be in the form of PUD zoning and must contain development standards to ensure that all commercial uses :,,;11 be compatible with neighboring residential and institutional uses, In addition to retail uses c,j other uses permitted in the Plan. financial institutions. business services. and professional and medical offices shall also be permitted, Retail uses shall be limited to a single-storv and financial services and offices shall be limited to three stories, All principal buildin!!s shall be setback a minimum of one (1 ) foot from the subdistrict boundaries for each foot of buildin!! hei!!ht. Development within the subdistrict shall have common site. sil!l1age and buildin!! architectural elements, The properties west of Collier Boulevard shall provide for potential interconnection with adiacent properties, AGEN)A ITEM No.~ OCT 2 4 2000 Pg, /;1. (words underlined are added, words struel, thrBugliare deleted) EXHIBIT A PETITION CP-2000-04 V ANDERBILT BEACH I COLLIER BOULEVARD COMMERCIAL SUBDISTRICT COLLIER COUNTY, FLORIDA , , ~.~_. ~ ------ V....NOERBILT BE....CH ROAD " "' y j- , DR'VE ~ CORAL.: WOOO DRIvE "'". PREPARED BY, GRAPHICS AND lECMNlCAL SUPPORT SECnON CQWWUNITY DEVElOPMENT ,\NO D1...,RONt.lENTAl SER'otCES DIVISION DATE: 11/2000 FU: CP-2QOO-04.DWG ~ . " " ! J a ~~ r 1__- , , I 'I I I ~ ;--- __ __ .-J ,- L --+---.-- ~ __L___ ! ~-' N "' -~~~ i 3ftDA~NE~ !.....-_-. SUBJECT SITE CP-2000-04 AGENO" ITEM ! LEG ND ~ UBDIS'TR1CT 50'" o 1000 FT. 2000 FT. T 4Il S T 47 S ;: , ~: ~ -' ~ ~ ~ ~i i : 'i 3 i ~ :; ;;> ~I ~. 'Ii : , '" s ~ ; gj, - '" 0: 1 ... . ~Z;' ~ :; ~ ~ ~; ~~! ~ ~ n .., sgl 5 ,; · ~I !;i, ~:;;]I i i ~ ~ .., ~~i i f i i ~I ~ ~~!'-" i IE ii:7i,~':r~ C L.: elf; LJL ~;::~.;:~~.- ~ N ~ '. . ~ g ,nii " : ", i ~i : j ~ ; ~ d~ L~ t ~ ~,~ . ! ~h ~~IPe'~ f! ~. ~ ~ ~ I nHlui.i~ illH !I e:;H~;~?no L c ~ ~ ~ ! ~i . ~i'l! : ~: ~ ; ~ ~: ~ ! i ::; ~ iC ~ '1'1'= g~ " . ~~I '<<"I 0' I ';it> .' J~ S ~ .-!: 6 '.: :: / I- ~ :lfi';,l"'"~1 iii J~_~.. ~ I , / . N ~ , :: , ~,. ~~ Cc ~ N N A. C :E Ol"~ 1;::- ou "~ ~ ~ :: ~ I&l . en -g ::t ~ Cl ~ Z 5 C v ... -- ~ - N .!! '0 I&l v a: :::I ... :::I ... ~ S lit "'J .1 I, i it .L T 48 S ~ ~ r ~ ~ : i r ~, , ' 1n!! ! i t ~ q ? ~ tfU~j :; i 2 [ ; ~ ~ ~ i ~~~i:~!~ ! ~ q d i~ i ,: P~H i ;: ,~:: ~ i =- '.'"'' '~.; I ) I . .""~ ;'~ ,~ '.. ' t;> ~ '~~.'" \ ~1"';, I 1"';\"" I ; ~, I;, ' " J~'h .G ~~ ( I -JJ" ~--~i Ii -- ;i n I: Sit J i I ",~il!~ 'I ::: 'I ~ 'I I i I i ) ! T 4B S T 51 S T 53 S T 62 S T 60 S I- i J'-- .' I I I J ;1 , !i I 'I I I I , " o _ c < ~ ~ t, ~ U , " I \ \--- I I \ I . -"T'- ..---~- I . - ~ ~ g i ! ~ o , :;' .. ~ to ~ ~ ~ ~ ~ 1 . ~ ~~ 'e '"' ~~~ "Ue ~'~-"~' '),.../.\1,.;-O:~\ . -. 'IX " ~,~ '-< . -,,:'~- )<l/'~- , ",' '1'.,'\ '----..,,"':$~: 2;' ~.: --~{:).;!f"" , Jl.l~$~~i! "t--.\'i,Y ;f,~, ," (}~r.....r ~~ --'~:0t.~~ ~ ;i~ ~~ i3~ I ,i~.. :~~~~, /'111 ( v f U.I \1\ I . It .L S: IS.L s as J s " g, A /1 ! I: I ~ ~ ~ ;; ~ :: ~ ~ . N ~ . N ~ ~ ~ N . . . ; N !~ -= I. ~E ii! . . . EXHIBIT A CP 2000-05 Livin!!stonlPine Rid!!e Commercial Infill Subdistrict This subdistrict consists of 17,5 acres and is located at the southeast Quadrant of Livin!!ston Road. a collector roadway and Pine Rid!!e Road. a minor arterial roadway, In addition to uses allowed in the Plan. the intent of the Livin!!stonlPine Rid!!e Commercial Infill Subdistrict is to provide shopping. personal services and emplovment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadwav. The subdistrict is intended to be compatible with the neighboring commercial. public use and high density residential properties and will utilize well-planned access points to improve current and future traffic flows in the area, If permitted bv the South Florida Water Management District. emer!!encv accrues to the North Naples Fire District fire station located immediatelv east of the propertY will be provided improving response times to all properties located south along Livingston Road, Interconnection to adiacent properties immediately to the South and immediatelv to the east will be explored and provided if deemed feasible. prior to any rezoning of the propertY, Development intensity will be limited to one storv and 35 feet in height for all retail and general commercial uses, General and medical office uses will be limited to three stories and 50 feet in height. The proiect mav be comprised of any combination of retaail commercial and lor office uses. provided that the total square foota!!e does not exceed 125.000 square feet. A minimum 50-foot buffer of existing native ve!!etation will be preserved alon!! all oroiect boundaries located adiacent to vacant acricultural zonin!! AGENDA ITEM No. rCJ(II) / OCT 2 4 2000 PL~ [words underlined are added, words ~truell tIuBugll are deleted) EXHlBI'" "B" LIVINGSTON I PINE RIDGE COMMERCIAL INFILL DISTRICT COLLIER COUNTY, FLORIDA I " 0 '" z 0 ,... V> "' l!: ~ 8, :r ,... 0 V> L / ,'" 'F- ~:j ~ c:===> og ~ ;;; 0' S-[J o " o '" "' z ~ ~ " n. ----" Hf ~ E RIDGE R I~) fm ,J ~ ~8 ~ ~:A I;A ",'<D' ~vy Y1 IN /. ~ 8'~ JIJ o~ ~ r $Y' r _ (t ~ '= - C. 8'"' ~~ J ~ I ITIJI II T' ~ I CJ SUBJECT SITE CP-2000-05 ! SCAL.E I D 1000 fT. 2000 FT. PRfPAREP BY: Gfl:APHICS >>Cl ttCHNIc.AL SUPPORT SECllON CONt.lUNIT'f DEIJElClPlofENT AHD ENVlRONW[NTA\. SER'olCES D1-."SION DATE: i{2000 flLE: CP-2000-~.Owr, PETITION CP-2000-05 I-- I rI " o ci \ \ '" " ~ ~ AGENDA ITEM No.~-f&/-, OCT 2 4 2000 Pi, /6 LEGEND ~ SUBDISTRICT T 4B S :; ~ i 0 . ~ ~ . ~ ~ " , ! - ~ ~g . , ::: ~ ~ ~ ~ " 1 ~ i ~ cc C "''' 16= :;i:~ c ~ ~ ~ ' ~, ~ ~, ~ i ~ ~ - . ~;; n H ~ ip~ ~ ~ i , .: :" ~ i._ ~ ~ ~ . ;:; ~ ~t H~i ",B: nc. ~ :c D . ~ I:: ~ al ~ W . N . "., T 47 S 2 'Lt" -<;;" ~< ",- , g~ c::=!; ~ i ;: . ,,~ i ~ ~ ~ '" ~ ~ '- ~ ~ ~.'.c~ ~=~ ~ " , i/ ~}- ~, I, . N ~ N ll.. ct :::E .... . en ~ = 0 :;: Q ~. Z . . ct . '-' ... , ~ .... :: II: = I- = Yo S " ! ~ ~ . N ~ ~ ~ N ~ "-0" ~~ ~ ~ .". ">. ~~u ,.z " " S Lt 1 T 48 S T 49 S ,,' I +- I I I ~ ; - .; =- c ~ : i , ~ ~ ;; ~ ; ~ ~ :: ~ >;i ~; .. . - , i 0 , . c " - ,- .~ 0' .,j ~~~ w~ i "'d. [, alu ' i ~-- Ii .. ~1 if H ~~ .~ , , ,.. ~. o~il "--~~-' ~ ~~ cult' Sit 1- S It 1 T 5D S S 05 Ij ~~ ~) j 0,1 T 51 S T 52 S T 63 S ~ :; ~ ~ ~ ~ ~, ;1 il 1 I . . , , i ~ N ~ rn ~ ;;; / V ,/, / ) I ~ D . ~ ~ r-A ~e".~ I 2 ~ ... r--~-J ~ I : i . N ~ '( ~.~ . :I:"'~ 3$~ "-.c.w '~--iif.~ ~J;,; ,: "t;'-~ ;n~ ~~~:d-.~-~ ,,,,"~1~'>c M<:)"'~'; }-+i It.; ~~"--~," ~g , ,"'~~~ ~~ \./' ,~ ,,'= ~ \~:::--':' ~ :: ~ N ~ :: ~ \Il r 1 c II SUI ! S Eli 1 Pl. - EXHIBIT A CP-2000-7 "Polley 1.1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 1. URBAN - MIXED USE DISTRICT a, Urban Residential Subdistrict b, High Density Residential Subdistrict 2. URBAN - COMMERCIAL DISTRICTS a, Activity Center Subdistrict b, Golden Gate CR 951 Commercial In.fill Subdistrict c, Commercial Under Criteria Subdistrict d, Interstate Activity Center Subdistrict e, Santa Barbara Commercial Subdistrict f. Golden Gate Parkway Professional Office Commercial Subdistrict "2) Golden Gate CR 9S1 Commercial In-fill Subdistrict Due to the existing zoning and land use pattern in the Commercial In-fill Subdistrict (see Map 4) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: . Low intensity transitional commercial uses that are compatible with both residential and commercial, to provide for small scale shopping and personal needs, . Intermediate commercial to prOVIde for a wider variety of goods and services in areas that have a higher degree of automobile traffic, These uses shall be similar to C-I, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91.102, adopted October 30, 1991), b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan); c) Projects within the in-fill area shall be encouraged to make provisions for shared parking arrangements with adjoining commercial developments when applicable; d) Driveways and curb cuts for projects within the Commercial In-fill area shall be consolidated with adjoining commercial developments: w e) Access to projects shall not be permitted from CR-951, D Anv proiect located within the in-fill area at the northwest comer of Golden Gate Parkway and Santa Barbara Boulevard. less and exceot an easement for Santa Barbara Boulevard right-of-wav. shall be subiect to the following additional development restrictions: ,~ I. -five thousand 3 000 u re feet of build in are. 1 [words underlined are added, words !ltru~l, tllra,l!gll are deleted) :JAJ'! / OCT 2 4 2000 Pe.-LL- 2, Land uses shall be restricted to Permitted Uses listed within the Commercial Professional zoning district (C-l) and the following land uses within the Convenience Commercial zoning district (C.2): banks: drug stores: hardware stores (exclusive of anv outdoor displav of merchandise): general merchandise stores: miscellaneous retail services: apparel and accessorv stores: business services: paint. glass. and wallpaper stores: security and commodity brokers. dealers and services: sit-down restaurants: and. home furniture. furnishings and eQuipment stores, 3, Onlv one (I) free-standing drug store or bank shall be developed and it shall be limited to the eastern fortv (40) percent of the site, 4, Professional and/or medical offices shall comPrise a minimum of one-third (1/3) of the groSS building area on the western sixty (60) percent of the site, 5, Sit-down restaurants shall not: have accessorv alcohol sales. be free-standing. have drive-through facilities. and exceed a total building area of 2.500 SQuare feet. 6, A minimum setback from the project's northern boundarv shall be provided for the bank's or drug store's principal structure of seventy-five (75) feet and with anv drive-through roof overhang a minimum of fifty-five (55) feet. and all other principal structures a minimum of one hundred (100) feet, 7, The northern one-hundred (100) feet of the western sixty (60) percent of the site shall be a green area (open space area) and utilized for onlv water management. landscape buffers. and similar ~ 8, The western sixty (60) percent of the site shall have an outdoor pedestrian-friendlv patio area(s), that total at least five hundred (500) SQuare feet in area and incoroorate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading. and a waterfall or water feature of at least one hundred (100) SQuare feet in area. and brick pavers, 9, A twenty. five (25) feet wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkwav and Santa Barbara Boulevard, 10. A minimum buffer ofthirtv-five (35) feet in width shall be provided along the project's western boundarv and along the eastem fortv (40) percent of the project's northern boundary, A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern boundary, Where feasible. existing native vegetation shall be retained within these buffers along the project's western and northern boundaries, These buffers shall be supplemented with Oak or Mahoganv trees planted a maximum of twenty (20) feet apart in a staggered manner: and a seven (7) foot wall. fence. or hedge that will. within two (2) vears of planting. grow to a minimum height of seven (7) feet and be a minimum of ninety. five (95) vereen! ooaaue. 11, All buildings shall have tile or metal roofs. or decorative parapet walls above the roof line. and buildings shall be finished in light subdued colors except for decorative trim, AGENOA ITf" No. ~) OCT 2 4 2000 hei hts shall be limited to one 1 -sto and a maximum ofthi 2 [words underlined are added, words straelt tkr911gk are deleted] 12. Buildin Pi. /9 13. All lighting shall be architecturally-designed. limited to a height oftwentv-five (25) feet. and shielded from neighboring residential land uses," ~ AGENDA ITaoI No. ~) / OCT 2 4 2000 Pa._ r.:;O 3 (words underlined are added, words struelt tkrough are deleted) EXHIBIT A PETITION CP-2000-7 GOLDEN GATE COMMERCIAL INFILL DESIGNATION COLLIER COUNTY, FLORIDA ~II ~ll ~Ii ~I il ; I ill [ i I ~I'I ~I ;11 tll '1 ~I ~I ~II ~I "I I I' II II I I II I II JLJL~LJLJ LJLJLJL " ll' " " I~D'r--JB~D--jD II 1F4 1,1 LDJ I--r--mi"" II Ii I I A~(= w"- II II 8 ~II :11 ;11 ;11 r [J ~~qom /I II /I II I I 10 w, I \\ II II I r----1 f---,f-- I I I I ~ . ~~~~rn i :DD~~ w~~~m~ ",;;oo,J" I I Ii II i .Nr-u ~ "11 ~ "' "I" al 0 i ~.. ~ :1 II I illl ill I ;:1 ;; I ~I' I' !, E-o '7 '-'",0 ~E-<g "'-'" ~rJ)~ Ul '-' ~ ~~ -. ~~ Ii. ~~ ~l\l ~jo .ffi' u~ r !I~ :>:l!t . . f'" ~~. i~~ t:' 0 0 '8 !1 !1 . '- w ~ < u ~ 0 _'I I , pa. ~I GOLDE:>> GATE AREA FVTURE LA~D l)SE MAP LEGE'\D U) ~ D ~ f- Ii D D D ii 0 , D i: D ''','' .'''''''E'' ~rT'.'h C,',"," S">'~ ~AR5'P~ C'~"""':". '.,.~l' 'R -, c r;~", ':':,:-E"", .OOO~ ),5'<; U) ~ f- ,., I I '...,/ D :E.'J:':'o,::cSC08[[',"':-:::..J,' FLA" D D o EXHIBIT "A" u~ , " GOLDEN GATE AREA FCTURE LAND l'SE :\lAP ';["lcYU," ORE' ~~,J[" ~."i: E,'~',5 "c '~"'9'~'" - ", ^' -rr.TERS ':l'\T:'L J[.5,'YB",,') U''''F,A' '.~" "E '~'S ~.. c,." ~,' S[ ",'[PPRE'!: ,""THO,,' '~r '~'--A.S Ob"'=' lb. 0 ....lS A"~' ,">~" 'Joe U[S'~',"-.Q" JlSlRiF' ,[~T,~'. 0' '-f ,;,.[,[~ ~Al<; 'R,e ~AS'E. ".4'. " , )\;APLES I~MOI\ALEE ROAD V...NDERBILT BEACH RD EXT I Pl"~ RiDGE RD U) 0 / '" < '..lIIDllIfllQ...D 0 ..)(m....tDl8TIIICT ~ " f- ~ ....n... .........~... C~ClAL ._TIIICT 5 G.G. r;KWY. " " I ~ . " " " Q ,--...., ~ , o > . . z < 8 . . " l>OUII!" llIATli. 'Ul~..... < '.DF!.aK>II"'lOl'l'lC. '" (;~Il(;I""'_TIlK:T Z < DAVIS BLVD EXT " S,R,~84 0 " < > . 5 ~ (.. ~ U) ~ . C 'v, " 0 '" > ; f- 1~ ~ " 8 ., .;,. 1", 'I,l' 2M GOLDEN GATE FUTL/IlE LAND USE MAP U) ADC~TEr- FE8~uAR\'. 199' A\4E~C>tD I.lA"'S, '992 A"'E~Dm ~A\' 2~ 1993 At.l,NDED JL:L' 2~. '993 AME~DED "'1>1>"'2,'99_ ! A"',~DED "'ARC",. 199~ A"'U,GEO OCT08EI> 27 '99' A"'E~DEO A~RI.. 14, '99B AI,lENDEO SEPTEMSER5 '995 I A"'E~DW rEeRIJARr23, 1999 I AI,lE~DEC "'A~ 9. 2000 I :;; f- o > ..J '" := -c; " " . 0 o . e PREPARED gr GRA~~1CS .~O T,C~~ICAL SuPPO~T SrCT'O~ COt.l"'ut<\TY 0(1I[10""'[NT A~D [N"'RO~"'[~T>l S[RVlCES OWISIO'N "LE CGFc~'-CP-2000_07.DWC DATE 9/20W PLOT AU10CAD PAi. R 26 E z " RANDALL BOULEVARD g . " RANDALL IOUlEVARD COMMERCIAL DISTRICT BOULEVARD Q I " < Q > . " . < 0 > g . . Q g ~ Q < ~ . 0 " . > Q . S,R-S.f I , L..., " I , I i I I ~ ~ ! I GOLDEN GATE WHITE BLVD. I Il~ I _..J INrERST4,TF'75 R 27 E N....PLES IMMOKALEE ROAD = ~ I~ OCT ,mOOO R 2ll' >> . EXHIBIT A CP-2000-11 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION I. URBAN DESIGNATION b, Non-residential uses including: 1. Essential services as defined by the most recent Land Development Code, 2. Parks, open space and recreational uses; 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 11,1 and subsequent policies and the Manatee Protection Plan contained in the Land Development Code); 4, Child care centers; 5. Community facilities such as churches group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable 6. Safety service facilities; 7, Utility and communication facilities; 8, Earth mining, oil extraction, and related processing; 9. Agriculture; 10. Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; (b) The site has direct principal access to a road classified as an arterial in the Traffic Circulation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, ',\ ith He assess flSlflts flam iRteF!f!aiRg 13rSflerties orovided the portion of the local roadway intended to orovide access to the RV nark is not within a residential neighborhood and does not service a predominately residential area; and (c) The use will be compatible with surrounding land uses, II. AGRICULTURALIRURAL DESIGNATION The AgriculturallRural Land Use Designation is for those. areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of low intensity in an effort to maintain and promote the rural character of these lands, The following uses are permitted in this District, subject to the Interim Development Provisions: a, Agricultural uses such as farming. ranching, forestry. bee-keeping; b. Residential uses at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record; Habitat preservation uses; Parks, open space and recreational uses, golf courses; Essential services as defined in the Land Development Code; Safety service facilities; Community facilities such as churches. group housing uses. cemeteries; and schools which shall be subject to the following criteria: . Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of Coun Conunissioners. c, d, e, f. g, AGENDA ITEM No. ~) I OCT 2 4 2000 I [words underlined are added, words .truel, through are deleted I PlI. cJ...1 . The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education, . The site shall be subject to all applicable State or Federal regulations. h. Communication and utility facilities, except for central water and sewer facilities as noted above; i. Migrant labor housing as provided in the Land Development Code; j, Earthmining. oil extraction and related processing; k. Asphalt plant as a Conditional Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet ofa Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural reservation I. Commercial uses accessory to other permitted uses, such as restaurant accessory to golf course or retail sales of produce accessory to fanning, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size andlor location of the conunercial use and/or limiting access to the commercial use; m. Commercial uses, within the Rural Conunercial Subdistrict, based upon criteria; n, Industrial uses within the Rural - Industrial District; o. Travel trailer recreational vehicle parks, provided the following criteria are met: I, The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the Traffic Circulation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, with ae aS6ess psials frsm mter\'samg "rsJ:'sFties orovided the Dortion of the local roadway intended to ofOvide access to the RV Dark is not within a residential neighborhood and does not service a oredominatelv residential ~;and ' 3, The use will be compatible with surrounding land uses, ~ 2 (words underlined are added, words .Iruel, thr9ugh are deleled) AGENOA ITElol No. ~) / OCT 2 4 2000 PI. ~ t( EXECUTIVE SUMMARY ~ PETITION CPSS-2000-1, DWIGHT NADEAU OF MCANL Y ENGINEERING AND DESIGN, INC., REPRESENTING CARMEN CALI, CONTRACT PURCHASER, REQUESTING A SMALL SCALE MAP AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN ELEMENT (GGAMP) OF THE GROWTH MANAGEMENT PLAN TO DESIGNATE 9.54 ACRES, LOCATED ON THE SOUTH SIDE OF RANDALL BOULEVARD AND '!. MILE EAST OF IMMOKALEE ROAD, AS RANDALL BOULEVARD COMMERCIAL SUBDISTRICT. Objective: To obtain approval from the Board for an amendment to the Golden Gate Area Future Land Use Maps so as to permit commercial zoning and development of the subject site. Considerations: This petition is submitted as a "small scale" Plan amendment, as provided for in Florida Statutes. As such, it is exempt from the twice per year Plan amendment limitation, so is not part of an amendment cycle; and, it is scheduled for CCPCIBCC adoption hearings only - there are no Transmittal hearings. This petition seeks to amend the Golden Gate Area Future Land Use Map, and Randall Boulevard Commercial Subdistrict Map, by changing the subject site's designation from Residential Estates Subdistrict to Randall Boulevard Commercial Subdistrict. This Subdistrict permits these uses: gas station; barber and beauty shops; child care center; convenience store; drug store; food market; hardware store; self-service laundry; post office; professional offices; repair shops for radio, TV, small appliances; shoe repair; restaurants, including fast food; veterinary clinic with no outside kenneling; and, shopping center. SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: Subiect Site: The site is undeveloped; zoned E, Estates; and, designated Estates on the GGAMP Future Land Use Map. Surroundini: Land Use: . North - Undeveloped land; zoned Pun, Orangetree; designated Agricultural/Rural -Settlement Area District on the GGAMP Future Land Use Map. The portion of Orange tree to the north/northeast and northwest of the subject site permits residential development (single family, villa, townhouse) and recreational uses, East - Undeveloped land; zoned E, Estates; designated Residential Estates on the GGAMP Future Land Use Map. About 330' to the east is a 5-acre conditional use site for the Florida Division of Forestry containing a fire tower. South - Single family dwellings and undeveloped land; zoned E, Estates; designated Residential Estates on the GGAMP Future Land Use Map. West - Undeveloped land; zoned E, Estates; designated Residential Estates on the GGAMP Future Land Use Map. About 1,000' to the west is the existing Randall Blvd. Commercial Subdistrict AGENDA ITEM No./cR (l) ~ OCT 2 4 2000 P..---L- 1 comprising 7.38 acres, zoned PUD (Randall Blvd. Center, containing a convenience store with gas pumps; and, Mir Mar, presently undeveloped), then a fire station. Also to the west. at the northeast corner of Randall Blvd, and Immokalee Road, is an undeveloped 8-acre commercial tract within Orangetree PUD. Staffs review ofthe proposed amendment yields that it will not have a significant impact upon countywide population projections. Adopted Level of Service standards will not be exceeded as a result of development allowed by this petition for the following public facilities: potable water, sanitary sewer, drainage, solid waste, parks and recreation facilities, and arterial and collector roads. Presently, the site is limited to private well and septic system but the petitioner has expressed interest in expanding the Orangetree Utility service area to include the subject site and other nearby properties. The petitioner's traffic impact analysis, based upon "shopping center use," indicates the project would generate 6,595 average daily trips-weekday (ADT), Further, the petitioner asserts 60% of these trips would be pass-by traffic - based upon "fast food restaurant, small shopping center, and similar convenience commercial uses" - so reduces the trip generation to 2,638 ADT. APPROPRIA TENESS OF CHANGE/ISSUES: GGAMP History The Golden Gate Area Master Plan, as adopted in 1991, established Neighborhood Centers in Golden Gate Estates (GGE) to accommodate a limited amount of commercial development. maximum of 5 acres at each Center. The intent was to allow GGE residents to obtain convenience goods and necessities without need of travel into the coastal urban area, The Neighborhood Centers were located at these intersections: Pine Ridge Rd.lCollier Blvd.; Golden Gate !Wilson Blvds,; Golden GatelEverglades Blvds,; Oil Well Rd.lEverglades Blvd.; Immokalee Rd.lEverglades Blvd, About two years after the GGAMP adoption, three of the four Neighborhood Centers east of Collier Blvd, were removed, and the fourth was designated "future" Neighborhood Center. Accordingly, the only Neighborhood Center eligible for commercial rezone was on the west side of Collier Blvd, at Pine Ridge Road. Evaluation and Appraisal Report (EAR)-based ~ndments adopted in 1997 (effective in May 2000) greatly expanded the Pine Ridge Rd.lCollier Blvd, Neighborhood Cent<<r such that:!:: 20 acres can be rezoned for commercial development. A private amendment approved in May 2000 allows for 5 acres of commercial development at the Golden Gate!Wilson Blvds. Neighborhood Center, The initial Randall Blvd, Commercial Subdistrict was created to accommodate the existing 5-acre Randall Blvd. Center PUD (approved in 1986). In 1998, the BCC approved a small scale Plan amendment to expand this Subdistrict by 2,38 acres for the parcel lying between that PUD and the existing fire station to the west. The Subdistrict now totals 7.38 acres. Petition Analysis: The petitioner provides a commercial demand analysis that indicates a need for additional cOI1llI1ercial lands in GGAMP Study Areas 3 and 4 (see petition support information). The petitioner en.:ludes the 22 acres of commercial in the Orangetree PUD from the analysis. Also, subsequent to this submittal, the BCC approved petition CP-99-3 at the Wilson Blvd.lGolden Gate Blvd. intersection that added another 5 acres to the commercial inventory of Study Area #3, Nevertheless, staff agrees with the petitioner that there will be a need for additional commercial acreage in the future to serve the future population in this AGENDA ITEM.., ~ /cPf'9) ,I- OCT 2 4 2000 02. 2 Pi. easternmost portion of GGE, Therefore, the question becomes one of location - where is the appropriate location for additional cornmerciallands to serve the shopping and service needs of the future population in Study Areas 3 and 4? StafTis of the opinion that the cornmerciallands should not be concentrated in a linear pattern; rather, they should be distributed in pockets throughout GGE similar to the original Neighborhood Center concept. Presently, there is no commercial land (zoned or designated) in Study Area 4. All of the commercial lands in Study Area 3 are located at Golden GatelWilson Blvds., on Randall Blvd. west of the subject site, and in Orangetree PUD north and west of the subject site. A significant future population will live east, northeast and southeast of the subject site that will still not be conveniently served if this petition is approved. Specific to the subject site, there are five parcels comprising:t 15 acres located between the existing Randall Blvd. Commercial Subdistrict and this site. If this petition is approved, it is likely the owners of these parcels will, eventually, petition for commercial designation as well; their suitability for single family development will have diminished, Because of this anticipated domino effect, it is staffs opinion that this request may be viewed, in effect, as a request for nearly 25 acres, not 9.5 acres. FINDINGS AND CONCLUSIONS: . There are 0 acres zoned or designated commercial in Study Area #4, Accordingly, there is a present and future need for commercial opportunities to meet demand. . There are 31,48 acres zoned commercial in Study Area #3, inclusive of Orangetree PUD, and another 5 acres designated for commercial with a rezone petition pending, Based upon this inventory, there is a future need for additional commercial opportunities to meet future demand in Study Area #3, . Approving this petition will provide some benefit to existing and future residents in Study Areas 3 and 4. However, a more beneficial location would be farther to the east and/or northeast and/or southeast closer to the populations that are up to nine miles from the nearest commercial. . Future development on all surrounding lands is limited to residential use or conditional use, . The proposed commercial development is contrary to this existing/allowed development pattern. . Approval of this petition will, in all likelihood, result in additional requests for properties to the west to be designated as commercial. . If this petition is approved, and the five intervening parcels to the west are subsequently designated Randall Blvd, Commercial Subdistrict, that Subdistrict would total :t32 acres. Combined with the 8- acre commercial tract in Orangetree PUD at the Randall Blvd,lImmokalee Road intersection, this would equate to one quadrant of a Mixed Use Activity Center. In summary, staff believes this is not the <\llpropriate location for commercial development based upon compatibility concerns with surrounding properties; negative effect on parcels to the west and impetus for owners of those to seek commercial designation; and, lack of proximity to the portions of Study Areas 3 and 4 that are far removed from commercial areas. The Collier County Planning Commission heard this petition on October 5, 2000 and voted unanimously (6 to 0) to recommend denial. AGENDA !TEN No. /~.J. OCT 2 4 2000 pt. V 3 No correspondence has been received. Three persons spoke against this petition at the Planning Commission's public hearing, stating: 1) additional commercial is not needed in GGE at this time; 2) additional commercial in GGE should not be approved until the completion of the Community Character and Design Study to determine the appropriate location for commercial; and, 3) the petitioner should meet with the GGE residents to determine what uses and services they need/desire, Fiscal Impact: There are no fiscal impacts to the County as a result ofthis petition. Growth Management Impact: This petition would amend the Growth Management Plan (specifically, two GGAMP Maps) so as to allow more intense land uses than presently allowed, This amendment would not result in significant impacts to adopted Level of Service standards. Environmental Issues: There are no jurisdictional wetlands evident, nor presence of any protected plant or animal species. The site is not in close proximity to any well fields or cones of influence. Historical! Archaeological Impact: The site is not within an area of historical or archaeological probability, Planning Services Staff Recommendation: That the CCPC forward Petition CPSS-2000-l to the BCC with a recommendation of denial. EAC Recommendation: Comprehensive Plan amendments are not reviewed by EAC. CCPC Recommendation: That the Board of County Commissioners deny petition CPSS-2000-1. PREPARED By:(Ac.~ i L,,/_~t.-.--.-- David Weeks, AICP Princ~1J~~:mner ~. REVIEWED BY: ~Y' r?J~ Stan Litsinger, AI@ Comprehensive Planning Manager DATE: !r,,/{ , / ,---../ DATE: le.- 9.-0<:1 REVIEWED By:/Ll' L (.. ...-?-" Robert J. Mulhere, AICP Planning SerVices Director DATE: /( , l-c,.-v APPROVED BY: Jo Co ") (I.- /' .l ; \,,\\..I..I.. '<-_ DATE: I: -11'( t.. unnuck, Interim Administrator unity Dev, & Environmental Svcs, -- Ex Sum CPSS,2000-1 F, GMP Petitions, CPSS,2000,1 AGENOA ITEM No. .b1(tl J :L OCT 2 4 2000 1 Pi, 4 OROINANCE NO, 2000 . AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP AND THE RANDALL BOULEVARD COMMERCIAL SUB-DISTRICT MAP OF THE GOLDEN GATE AREA MASTER PLAN OF COLLIER COUNTY'S GROWTH MANAGEMENT PLAN BY ADDING 9,54 ACRES TO THE RANDALL BOULEVARD COMMERCIAL SUB-DISTRICT DESCRIBED AS TRACTS 107 AND 108, GOLDEN GATE ESTATES, UNIT NO, 23, LESS AND EXCEPT THE NORTH FIFTY FEET FOR RANDALL BOULEVARD RIGHT-OF-WAY, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 7, PAGES 9 AND 10, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the property owners of 9,54 acres of land have submitted a request to amend the Future land Use Map and the Randall Boulevard Commercial Sub-district Map both of the Golden Gate Area Master Plan of the Collier County Growth Management Plan; and WHEREAS, the request is for an amendment to the Golden Gate Area Master Plan Future land Us Map and Randall Boulevard Commercial Sub-district Map, inVOlving less than 10 acres of land; and WHEREAS, the amendment does not involve a change to the lext of any of the Goals, Objectives, or Policies of the Plan; and WHEREAS, pursuant to Subsection 163.3187(1 )(c), Florida Statutes, this amendment is considered a Small Scale Amendment and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDED GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND RANDALL BOULEVARD COMMERCIAL SUBDISTRICT MAP This Ordinance as described herein shall be known as the CPSS-2000.1, Small Scale Amendment for the Future Land Use Map and Randall Boulevard Commercial Sub-district Map of the Golden Gate Area Master Plan of Collier County's Growth Management Plan. The Amendment, attached hereto and incorporated herein by reference as Exhibits A and S, respectively, establishes the amended Future Land Use Map and amended Randall Boulevard Commercial Sub-district Map as a component of the Golden Gate Area Master Plan, an individual Element of Collier County's Growth Management Plan. SECTION TWO: SEVERABILITY If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of co~petent jurisdiction, such portion shall be deemed a separate, distinct and independent pr~vision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE This Ordinance (Small Scale Amendment) shall not become effective until 31 days after its adoption. If challenged within 30 days after adoption, this Ordinance Shali not become effective until the Slate Land Planning Agency or the Administration Commission. respectively, issues a finat order determining the adopted Small Scale Development Amendment to be i 1 Words underlined are additions: Words e;tr.b1sh tRr81::J!3R are deletion "ITEM No. ~Il);- . OCT 2 4 2000 Pi, 6" PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this _ day of , 2000. ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman Approved as to form and legal sufficiency: MARJORIE M, STUDENT Assistant County Attorney CPSS.200Q-1 Adoption Ordinance ,.....- "GENO" IT'EM No. .b ~,).. OCT 2 4 2000 pg,_b 2 Words underlined are additions; Words etn::lEih tAr8u~h are deletions EXHIBIT A PETITION CPSS.2000.' MAP 8 RANDALL BOULEVARD COMMERCIAL SUBDISTRICT Co!lier County, Florida NAPLES I LEGEND ~. GOLDEN GATE ESTATES ,~ SEffiEl.lEN T "AREA I o I I 1/2 MI 1 MI MiENDA I NEIGHBOR 000 No. CENTER PREPARED BY: OFFICE Of GRAPHICS AND TECHNICAL SUPPORT COMWUNIT'1 DE'VELOPWENT AND EN-""RONMENTAl SERV"CES D1vtSlON FILE: GGWP-21X-2.DWG O"'TE: 9/2000 OCT 2 4 2 0 pc. EXHIBIT B GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND lIJ ... . a . ......lC(M,l(IlO.o.l sn1\.[W(NTAllr,l .. . A.Cl....nC(Nltll 0 OOlOHIa,tll [SToll[S . GOI.IXN (;..1.'1[ PAllll"~l "'tOHS5IQIt..toI. 0Il'1C[ 0 CQWol€ItO....D1$TlIl(:T 0 s..t.NT"_. N(IGtt!lOIIIOOOD C(IYM{lIC..-.a.SUIOlS11IlICl ctNTElt5 l.iI -.v..1Il,...tw. ,., . . . III['OIO(NlIAl. IlNlPilUlICIUL['VA!lO l)(H$lTYlINCl COIollrlI[~llIS'IIIlCT ,_..~ . PH: 11I0<< 110100 Iiil O'4:IIl....y__ Yk[OU5(OISTltltT III ~1[flSl.T[ ...en....'y (["nil ",s ()(SCRlilWI< CCkJ..1"I 'IIOl:COIolPlI'tHtNSi'1ilPlAN lIJ ~, IMSN'UOC"""Olw:...~[l[O..'HCJ.Jll..00.lS <() Ql.A;ClI14:s'I'(l.JOUAAOlNolO\I1Itll:SIGIoAlICINOC5CRW'l/ON . SC1lClo<r:#"l\ol(oa.DI:lIQ,t.'It....:.......stt".......... .. NA.PLES IMMOKALEt ROAD GOLDEN GATE AREA FUTURE LAND USE MAP NAPl.ES It.CMOKALEE ROlt.D ~ j IlOllLEV AR. . ~ .. ~ 5 ~ .. ! ~ << u ~ ~ RANDALL \ NOIIOU:D t:XPA..... oP . llAICALl. IIOULEVAIP .......... _TlOCT CH."'OOO'1 ~~ GOLDEN OATE BOULEVAltD .......' Pl" .., lIJ " ~ __IIOU 0> 0 .lln"~' . << .. " .-...~ % -- ~ -. ~ " ~ ~ << g << " if .. u WHITE BLVD. Q '" ~ ~ i " '" ~ ~ Ii ,---,- , , ,1 GOU)I!N GAT( P.tJtItWAY PR~".IOfllAl OFFICi C~ClAlDl.11IlICT IN1'ERsr"7'E.7ti' ~ ~ ~ " '" .. ~ I .. GOUlIIll OAn: P"UT'" LAfCI U. MAP -., rC9ltUAA'f,'9'il' -- ~...y 19. 1992 ..."'" """l','"J AW(NDEO JL/LY27.1vtJ .ltII(Hl)(!l APflll12.19'il" ! ...KNoell 1oI1oItCI'I'..1ti!:i AIoIOIO((l OC1CllEJl 27.1991 "IoI[NOCO IJORI~ ,~. 111M ~l.IrNOrO Sl:PTflolll[lI11 '~911 ,o1.l[NCED r[Bllu.<RY2). \999 ......[N[)EO ....V II. 2000 S.R.-84 D,WIS BLVD. EXT S.ft.-84 lIJ o '" .. ~ .. v 1'-111 ,~ lIJ .----'. :;; ~_"',~I'06l~!lIPl'lJIt'KCTlOto ~TYD(\O.llIl'IItNl_ (llWlllMl[Ill.... !EJtw:n lIt~ fU: Ql;M>-lll!IC.Il.c Dut../l'IlOO I'tDl.....TDC.l(I.P... R 26 E R 27 R 28 E AGENDA ITEM 7-K MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPT., COMPREHENSIVE PLANNING SECTION DATE: September 18, 2000 RE: PETITION NO. CPSS-2000-1, GROWTH MANAGEMENT PLAN AMENDMENT FOR RANDALL BOULEVARD COMMERCIAL SUBDISTRICT ("small scale") AGENT/APPLICANT: Agent: Mr. Dwight Nadeau, McAnly Engineering and Design, Inc. 5435 Park Central Court Naples, FL 34109 Petitioner: Carmen Cali (Contract 5751 Copper Leaf Lane Purchaser) Naples, FL 34116 Owner: Gerald L. and Marian Bray 532 Ibis Way Naples, FL 34110 GEOGRAPHIC LOCATION: The subject property, containing approximately 9.54 acres, is located in Golden Gate Estates on the south side of Randall Blvd., Y. mile east ofImmokalee Road. It lies within the Rural Estates Planning Community. (Please see "Vicinity Map': - page 1.1) REOUESTED ACTION: This petition seeks to amend the Golden Gate Area Master Plan (GGAMP) Future Land Use Map, and Map 8 - Randall Boulevard Commercial Subdistrict, by changing the designation of the subject site from Residential Estates Subdistrict to Randall Boulevard Commercial Subdistrict. There is a companion rezone petition (PUD-2000-11, Randall Shopping Center). This petition is submitted as a "small scale" Plan amendment. As such, the petition is only heard by CCPC and BCC once where it is either approved or denied; the petition is not transmitted to DCA for preliminary review and comment then subsequent adoption hearings by CCPC and BCC. Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment, identified below, followed by staff comments in brackets []. . parcel is::;1O acres in size. [subject site is 9.54 acs,j . property was not granted a land use change within the prior 12 months. [no land use change has occurred on this site since adoption of GGAMP in 1991] . proposed amendment doesn't involve the same owner's property within 200' of property granted a change within the prior 12 months. [no such change has occurred within 200'] . no text change to the goals, objectives and policies is involved, only a site-specific land amendment to the future land use map. [petitioner only requests a land use map change . site is not within an Area of Critical State Concern [the site is not in ACSC] . for residential land use,.., [not applicable] AGEN:lA n'El e No. A f'.):l OCT 2 4 2000 Pg, q l VICINITY MAP Petition E-< E-< , 2 1 . . i . . .!! LEE CO J . . f COlLIER CO 12 10 II -..~ GClAOr CM1'( m4TU ......G,/t.1'[OT..1Q """" , "'" " .." .. , . "'" " ~ . lD..l:E)l"'1t1ST4JP CIOUIDlt:A'IltsJ,UU -.. . ON'.. " ~ "'n: m....lD I ....,,, 's " " -..~ '7 "",,.. ON'. .. S "'-- CU"') Cf] Cf] CO CO --r %2 2.> ,. '<;i' 2t -..~ 20 4llDDl M'IE bTA'lU ""'''' ,. E-< ,. <AI, ~ ...,:; - E-< - flQAI)tU ilIl -.., ....t ~"~SITE '" 0llUIfJt"'1tDT.t1Q ! 27 2& 'aot .. 20 .........~ to..4OICM1'lfSTA1tS 29 ~"ItEnAlE5 """" ~" .. JO "'" .. -.. , " ~ I ... 's ... N,T.$, " Gl11Ib CA'lt ElT41Q CItlUlOrc",ltm...ra ~Qo(n:ECf...1tI J' JJ ....r 1. IMY " 'AlIff 'I Ga.llOI tA'/[ar,t;tQ ~Tlf . J 2 , . trclllOl o.U[ WAJa tlIC:UlOrU1t5TA.JQ . ~QAl'[PlT...1b CIDIJIOI QAJlOtA1Q' GIJOI GrAn: mAl[I -.. ...... ~"'J[EJTA1Q -.. -" -" -. 'IIIl.JIoIMJt~ Cf] l'- '<;i' CPSS-2000_1 MAP "A" R 27 E Cf] l'- '<;i' R 27 E , I J I ~ , f i I FOR: CARMEN CALI MeANL Y ENGINEERING fI AND DE~ ~C'III"\' D./Q~ ~ WID AJIlI'ft:'tWG ..:: AND LAHD$CWI(' .uIOfttC'M[ -.." .JoC.J5 PMK CDlnw. a;lJlI!T ~ ''''1J-t.~~C~'~" , ~ CCPfItfcJrr. 1tQJ IT Wc.w..,. Ol~ NIJ lQlQfr(.. \tile. AU. "OWlS ~o 0-':' FU.: 1.1 .CrtIPnON: rtANDAL!; SHOPPING CENTER Pun VICINCTY MAP · II · .... ,. .. I. . ., l. cawu c:oum. It4Imt. ~ -..-1.5. ~:~ 0<<.: lMlt:. PIl. /() - -~---- .---.------,-.'-----.---- 1/1-. i petitioner proposes to change the land use d,~signation so as to allow rezoning to PUD for commercial uses allowed in the Randall Blvd. Commercial Subdistrict. SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: Subiect Site: The site is undeveloped; zoned E, Estates; and, designated Estates on the GGAMP Future Land Use Map. Surroundin~ Lands: North - Undeveloped land; zoned PUD, Orangetree; and designated Agricultural/Rural - Settlement Area District on the GGAMP Future Land Use Map. The portion of Orangetree to the north/northeast and northwest of the subject site permits residential development (single family, villa, townhouse) and recreational uses. East - Undeveloped land; zoned E, Estates; and, designated Residential Estates on the GGAMP Future Land Use Map. About 330' to the east is a 5-acre conditional use site for the Florida Division of Forestry containing a fire tower. South - Single family dwellings and undeveloped land; zoned E, Estates; and designated Residential Estates on the GGAMP Future Land Use Map. West - Undeveloped land; zoned E, Estates; and designated Residential Estates on the GGAMP Future Land Use Map, About 1,000' to the west is the existing Randall Blvd. Commercial Subdistrict comprising 7.38 acres (Randall Blvd, Center PUD and Mir Mar PUD), then a fire station, Also to the west, on the north side of Randall Blvd. and east side ofImmokalee Road, is a commercial tract within Orangetree PUD, STAFF ANALYSIS: Environmental Impacts: The subject site primarily consists of pine flatwoods, with some palmetto prairie and cypress/cabbage palm. No jurisdictional wetlands are evident. There is no evidence of any listed species (endangered, threatened, etc.) on site. The site is not in close proximity to any well fields or cones of influence. If developed as proposed (commercial uses), Section 3.9.5.5.4 of the Land Development Code requires retention of a minimum of 15% of the existing native vegetation on site. or mitigate as specified. Effect on Hii:h Ran~e Population Proiections: Pursuant to eIE Policy 1.1.2, a significant impact in population is defined as a potential increase n countywide population by more than 5%, Since this amendment would change the site from a residential designation to a commercial designation, it would result in a slight decrease in the number of dwelling units permitted, therefore, a slight decrease in potential population. 2 4GEN(H. , , eM. No.~ OCT 2 4 2000 pt. II Public Facilities Impacts: All development permitted in the RandaU Blvd. Commercial Subdistrict is non-residentiaL There should be no increased impacts upon parks and recreation facilities, and actually a slight decrease. There should be minimal impacts upon potable water and sanitary sewer facilities, At present, the site is limited to private well and septic. However, the petitioner has inquired about the possibility of expanding the Orangetree Utility service area to encompass the subject site and other nearby sites. Storm water management regulatory requirements would not change from residential to commercial development. However, land area devoted to storm water management would undoubtedly increase as there would be an increase in impervious surface due to larger structures and parking/vehicular use areas for commercial development. There should be minimal change in impacts upon public drainage facilities. Given the small size of the subject area, there should be minimal change in impacts upon solid waste facilities. The petitioner's traffic impact analysis indicates project traffic will not affect adopted level of service standards for roads in the project's radius of development influence; staff concurs with this assessment. In summary, there should be no change in LOS standards for any ofthe following public facilities as a result of development allowed by this petition: parks and recreation, potable water, sanitary sewer, drainage, solid waste, or arterial and collector roads. Tran&portationl Access Discussion: Randall Blvd. is a 2-lane, undivided, local road. As such, it does not appear in the Transportation Element. There are currently no plans to widen Randall Blvd. in the future. Planned improvements at the intersection of Randall Blvd.lImmokalee Road include realignment (such that Randall Blvd. aligns with 4th Street NE on the north side ofImmokalee Road). This should help to improve the safety of the intersection and help to alleviate the traffic backup at this intersection, especially during peak hours, As to future improvements to major roads in the vicinity of the subject site, future plans call for the 4-laning of Immokalee Road from Collier Blvd. to Oil Well Road. APPROPRIATENESS OF CHANGEIISSIJES: GGAMP Histol)' During the process of establishing the Golden Gate Area Master Plan, public concern was expressed about the location of commercial uses, and conditionall'ses, in Golden. Gate Estates. This concern resulted in the BCC establishing Neighborhood Centers :hroughout GGE to accommodate a limited amount of commercial development (maximum of 5 acres at each Center). The intent was to distribute the commercial areas such that GGE residents could obtain convenience goods and necessities without need of travel into the coastal urban area. The Neighborhood Centers were located at these intersections: Pine.Jtidge Rd.lCollier Blv.4.; Go14en Gate !Wilson Blvds.; Golden Gate/Everglades Blvds.; Oil Well Rd./Everglades Blvd.; Immokalee Rd./Everglades Blvd. About two years after the 1991 adoption of the GGAMP, all four of the Neighborhood Centers east of . Collier Blvd. were removed, or designated "future" Neighborhood Center. Accordingly, the only _ Neighborhood Center eligible for rezone to commercial was at the Pine Ridge Rd.lCollier Blvd, intersection. AGENDA ITEM ~;L Amendments adopted in 1997, based upon the Evaluation and Appraisal Report, became effe tive'rfi., " May 2000; those amendments greatly expanded the Pine Ridge Rd.lCollier Blvd, Neighborh d OCT2 4 2000 Center such that:t 20 acres can be rezoned for commercial development. A private amendm t , PI, I~ approved in May 2000 allows for 5 acres of commercial development out of a total of 7.15 acres, located at the Golden Gate /Wilson B1vds. Neighborhood Center, The initial Randall Blvd. Commercial Subdistrict was created to accommodate the existing 5-acre Randall Blvd. Center PUD (approved in 1986). In 1998, the BCC approved a small scale Plan amendment to expand this Subdistrict by 2.38 acres for the parcel lying between that PUD and the existing fire station to the west. The Subdistrict now totals 7.38 acres. Petition Analysis: The petitioner provides a commercial demand analysis that indicates a need for additional commercial lands in GGAMP Study Areas 3 and 4 (see petition support information). The petitioner excludes the 22 acres of commercial in the Orangetree PUD from the analysis. Also, subsequent to this submittal, the BCC approved petition CP-99-3 at the Wilson Blvd.lGolden Gate Blvd. intersection that added another 5 acres to the commercial inventory of Study Area #3. Nevertheless, staff agrees with the petitioner that there will be a need for additional commercial acreage in the future to serve the future population in this easternmost portion of Golden Gate Estates. Therefore, the question becomes one of location - where is the appropriate location for additional commercial lands to serve the shopping and service needs of the future population in Study Areas 3 and 4? Staff is of the opinion that the commercial lands should not be concentrated in a linear pattern; rather, they should be distributed in pockets throughout GGE similar to the original Neighborhood Center concept. Presently, there is no commercial land (zoned or designated) in Study Area 4. All of the commercial lands in Study Area 3 are located at Golden Gate/Wilson Blvds., on Randall Blvd. west of the subject site, and in Orangetree PUD north and west of the subject site, A significant future population will live east, northeast and southeast of the subject site that will still not be conveniently served ifthis petition is approved, Specific to the subject site, there are five parcels comprising j: 15 acres located between the existing Randall Blvd. Commercial Subdistrict and this site. If this petition is approved, it is likely the owners of these parcels will, eventually, petition for commercial designation as well; their suitability for single family development will have diminished. Because of this anticipated domino effect, it is staff s opinion that this request may be viewed, in effect, as a request for nearly 25 acres, not 9.5 acres. FINDINGS AND CONCLUSIONS: . There are 0 acres zoned or designated commercial in Study Area #4. Based upon total existing commercial inventory in Study Area #4. there is a present and future , need for additional commercial opportunities to meet demand. There are 31.48 acres zoned commercial in Study Area #3, inclusive of Orangetree PUD, and another 5 acres designated for commercial with a rezone petition pending. Based upon total existing commercial inventory in Study Area #3, there is a future nee additional commercial opportunities to meet future demand. Approving this petition will provide some benefit to existing and future residents in S 3 and 4. However, a more beneficial location would be farther to the east and/or northe . . 4 .GENO.'TEM No. B(Il)';;" y Areas t OCT 2 4 2000 Pi, J3 . . and/or southeast closer to the populations that are presently up to nine miles from the nearest commercial. . Future development on all surrounding lands is limited to residential, or conditional use. . The proposed commercial development is contrary to this existing/allowed development pattern. . Approval of this petition will, in all likelihood. result in additional requests for properties to the west to be designated as commercial. . Ifthis petition is approved, and the five intervening parcels to the west are subsequently designated Randall Blvd. Commercial Subdistrict, that Subdistrict would total approximately 32 acres. Combined with the 8-acre commercial tract in Orangetree PUD at the Randall Blvd.lImmokalee Road intersection, this would equate to one quadrant of a Mixed Use Activity Center. In summary, staff believes this is not the lIPpropriate location for commercial development based upon compatibility concerns with surrounding properties; negative effect on parcels to the west and impetus for owners of those to seek commercial designation; and, lack of proximity to the portions of Study Areas 3 and 4 that are far removed from commercial areas. STAFF RECOMMENDATION: That the CCPC forward Petition CPSS.2000-l to the BCC with a recommendation of denial. PREPAREDBY:~U~ David Weeks, AlCP Principal Planner REVIEWED BY: . ~ r..... Ji...:- -:7 '"'- Stan Litsinger, AleV' Comprehensive Planning Manager DATE: :J;~ltv DATE: .., -:L<J -tKJ REVIEWEDBY:~ ~be . Mulhere, AlCP P ng servicesz:..or APPROVED BY: ~ /.6 Vincent A. Cautero, AlCP, Administrator Community Dev. & Environmental Svcs. DATE:" / Zoo -en) , ~ .0 --oJ DATE: /"'f.J'o<I Petition Number: CPSS-2000-1 Staff Report for October 5, 2000 CPCC meeting. NOTE: This petition has been advertised for the October 24, 2000 BCC meeting. COLL COUNTY J G ~OMMI~S~ MR. RUS ELL BUDD, CHAIRMAN CPSS.2000-1 Staff Report AGENDA ITEM No. ~l r!J- OCT 2 4 2000 pt. /~ <; APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER Cf55 - 20t-o ~( PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT DATE RECEIVED Aori17,2000 This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and retumed to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104, 941-403-2300 (Fax 941-643-6968), The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing, The applicant will be notified in writing, of the sufficiency determination, If insufficient. the applicant will have 30 days to remedy the deficiencies, For additional information on the processing of the application, see Resolution 91-521 (attached), If you have any questions, please contact the Comprehensive Planning Section at 941-403-2300, SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A, Name of Applicant Company Address City Naples Phone Number Carmen Cali State Florida (941) 455-4951 5751 Copper Leaf Lane Zip Code 34116 Fax Number B, Name of Agent' MeAnly Enoineerino and Desion, Inc, . THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETiTION, . Company McAnlv Enoineerino and Desian, Inc, Address 5435 Park Central Court City Naples State Florida Zip Code Phone Number (941) 593-3299 Fax Number 34109 (941) 593-3298 C, Name of Owner(s) of Record Gerald L. and Marian Bray, Husband and Wife Address 532 Ibis Way City Naples Phone Number State Florida Zip Code 3411 0 (941) 594-1915 Fax Number AGENDA rtEM No. /",J.(fJ)~ OCT 2 4 2000 PI, IS 1 ,.- Name of Owner(s) of Record Gevrae A, Cannan, A Married Man Address 696 10th Avenue N,E, City Naples State Florida (9411 353-0122 Zip Code Fax Number 34120 Phone Number 0, Name. Address and Qualifications of additional planners. arcMects, engineers, environmental consuttants and other professionals providing information contained in this app6cation, II. DESCRIPTION OF PROPERTY A. LEGAL DESCRIPTION Tract 107 and Tract 108. Golden Gate Estates, Untt No, 23, accordina to the Plat thereof, of record in Plat Book 7. Paaes 9 and 10, of the Public Records of CoRier County. Florida: less and except the North 50 feet for Randall Boulevard Riaht-<lf-Wav B. GENERAL LOCATION The subiect property is located on the South side of Randall Boulevard, aporoximatelY Y. mne East of Immokalee Road (C.R. 846) C. PlJ'.NNING COMMUNITY Rural Estates D. TAZ. 198 E. SIZE IN ACRES 9,54 F, ZONING E, Estates G. SURROUNDING lJ'.ND USE PATTERN AoproximatelY 990 feet to the west is an existina multi-use commercial develooment. with a develooina commercial shoopina center west of that. To the north is a developina mixeckJse oroiect across Randall Boulevard, To the east is undeveloped, but a ForestJv Service faaTrtv and tower 6es aporoximatelY 400 feet east of the subiect orooerty, Lands to the south are soarselY develooed with larae lot sinale-familY residences, H, FUTURE lJ'.ND USE MAP DESIGNATION(S) Golden Gate Estates Mixed Use III. TYPE OF REQUEST , A, GROWTH MANAGEMENT PlJ'.N ELEMENT(S) TO BE AMENDED: _ Housing Element Traffic Circulation Sub-Element Aviation Sub-Element = Sanitary Sewer Sub-Element Solid Waste Sub-Element = Capital Improvement Element Future Land Use Element Immokalee Master Plan _ Recreation/Open Space Mass Transtt Sub-Element Potable Water Sub-Element NGWAR Sub-Element _ Drainage Sub-Element CCME Element -2L Golden Gate Master Plan B, AMEND PAGE (S) OF THE ELEMENT AS FOLLOWS: (Use Crass tRraugRs to identify language to be deleted: Use Underline to, identify language to be added), Attach additional pages if necessary: 2 AGENDA ITEM No, A? (A JA.- OCT 2 4 2000 PI, /4 C, AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Golden Gate Estates TO Randall Boulevard Commercial District D, AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS:(Name & Page #) The Golden Gate Area Future Land Use Mao, and Map 8, on paae 23 of the 1997 Golden Gate Area Master Plan, E, DESCRIBE ADDITIONAL CHANGES REQUESTED: IV. REQUIRED INFORMATION NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1"=400'. At least one copy reduced to 8 1/2 x 11 shall be provided of all aerials and/or maps. A, LAND USE ~ Provide general location map showing surrounding developments (PUD, DRl's, existing zoning) with subject property outlined. -L Provide most recent aerial of site showing subject boundaries, source, and date, . ~ Provide a map and summary table of existing land use ar", zoning within a radius of 300 feet from boundaries of subject property, B, FUTURE LAND USE DESIGNATION ~ Provide map of existing Future Land Use Designation(S) of subject property and adjacent lands with acreage totals for each land use designation on the subject property, C, ENVIRONMENTAL ~ Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site, HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT.FLORIDA LAND USE, COVER AND FORMS CLASSIFiCATION SYSTEM (FLUCCS CODE), NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A' ABOVE. N/A Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site (e,g, panther or black bear range, avian rookery, bird migratory route, etc,) N/A Identify historic and/or archaeological sites on the subject property, 3 AGENDA Ita.! No. ..1;1(11) :2.- OCT 2 4 2000 Pi, /7 D, GROWTH MANAGEMENT Reference 9J-ll.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1, INSERT "Y' FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: ~ Is the proposed amendment located in an Area of Critical State Concem? (Reference 9J-ll,006 (1)(a)(2). FAC,), If so, identify area location in ACSC, ~ Is the proposed amendment directly related to the proposed Development of Regional Impact pursuant to Chapter 380, F,S, ? (Reference 9J-ll.006 (l)(a) 4,a. FAC,) .-:f..- Is the Proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163,3187 (l)(c), F,S,? (Reference 9J-11,OO6 (l)(a) 4.b, FAC,), ~ Does the proposed amendment create a significant impact in population which is deflned as a potential increase in County-wide population by more than 5% of populations projections? (Reference Capital Improvement Element Policy 1,1,2), If yes. indicate mitigation measures being proposed in conjunction with the proposed amendment. -y.. Does the proposed land use cause an increase in density and/or intensify the uses pennitted in a specific land use designation and district identified (commercial. industrial. etc,) or is the proposed land use a new land use designation or district? Provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses. as it concems protection of environmentally sensitive land, ground water and natural resources, E. PUBLIC FACILITIES 1, Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: N/A Potable Water N/A Sanitary Sewer X Arterial & Collector Roads: Name specified road and LOS Naoles-Immokalee Road (CR 846) I[)# 50 LOS B See Traffic Imoact Studv X Drainage Negligible affect X Solid W<lste Negligible affect N/A Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would c,ause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1,1,5) 2, ~ Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e, water, sewer, fire , protection, police protection, schools and emergency medical services, ) 3, ~ Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have I protection and emergency medical services, No. A(A) /l- 4 OCT 2 4 2000 !'g. If F. OTHER Identify the following areas relating to the subject property: -'L Flood zone based on Flood Insurance Rate Map data (FIRM), N/A Location of wetlands and cones of influence, if applicable, (Identified on Collier County Zoning Maps,) N/A Traffic Congestion Boundary. if applicable N1A Coastal Management Boundary. if applicable N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport. if applicable (Identified on Collier County Zoning Maps,) G. SUPPLEMENTAL INFORMATION $3000 non.refundable filing fee, plus $30/acre for each affected acre for Future Land Use map amendments, made payable to the Board of County Commissioners due at time if submittal. -L $1,500 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal -L Proof of ownership (Copy of deed) -L Notarized Letter of Authorization of Agent if not the Owner (See attached form) -L 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required, "Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1 "=400' or scale as determined during the pre-application meeting, . . 5 AGENDA ITEM No. /,.; fI) 61. OCT 2 4 2000 Pg, jq NOTICE OF AUTHORIZATION TO WHOM IT MAY CONCERN: I hereby authorize MeAnlv Enoineerino and Desion, Inc. (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in this Application, Signed: See Aoent Letter (Name of Owner(s) of Record) Date: I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge, .-------, Dwioht Nadeau Planning Director STATE OF (9huj"-.- COUNTY OF ((I d!.w, Swom to and subscribed before me this 3;u{ by ~rifry ?~t[ ~'~t., CHOOSE ONE OF THE FOLLOWING: ~ who is personally known to me, _ who has produced and did take an Oath ~ did not take an Oath day of '1r7~ .:a9,ill MY COMMISSION EXPIRES: ... ,.nll", L' dUM .,.... "-_.. ......~~~~,~ m a PIC o~ LJ'I....~ t~,'A.'~~CO~..ion H:X:916361 ;5\&,~. !ip"... April 16,2004 ~:}'''''li':., _lIIN , I,1!,n\'.." A1LaNic Bondtaa (4.. lnc. as identification NOTICE - BE AWARE THAT: Florida Statute Section 837.06 False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provilSed by a fine to amaximum of $500.00 and/or maximum of a SiKty day jail term." ~ "GENO" ITEM No. $fJ)~ OCT 2 4 2000 6 Pg. ).D SUMMARY TABLE OF ZONING/LAND USES WITHIN 300 FEET ACREAGE ZONING LAND USE 30,30 Estates Vacant 2.752,80 Orangetree PUD Residential & Commercial AGENDA ITEM ' No. /.;2 f1 J:i..... OCT 2 4 2000 Pg. ,;; PUBLIC F AC ILITIES EXHIBIT ~ m ~m 4.U' COAST .....""""" O<lXlROCSCJI[W I!I..NC) fR: STAno. ! ~ I ~ I ~ ~ . EWS STAnaN 12 Ell'J,OlTJRY SO<<Xl. W"lDl:" WAS'lEWA 1Il(AM>lf """" Cl..1IIElJ..1IlW) (U8S8) """"-'00l.tLV"'" KA/'U:SU.-.,fTltCWl(c:Jl.....) ITE """",.1 fllEnATIOll _""",J IIlllUIOCll1. """" """"'....... lU>DT...... IOCll1. (t:ClL.NlTI!OICNAL....TDt 1lOEATIO>IT"""" l~ I P- ~~S ~ ,.,....1 I ~ t \ ~~a :-1 .L ~ i " l! S / ---.. oca.tJOI GAlt .....uvNID ~ MAX MASS IIG C'I1"IIESS ........... lU>DT...... .- """"" ItQAD(CJlIR) .. """..... I 0REDl 0C1lLVARD c. ...,... IL8STATIOll GAlt DIS STAllON rCXl..1.Oc::aMrY1..NCn..l. IUr.DKlIlQol.O (CJL~) .. - ,-.~ FOR: CARMEN CALI McANL Y ENGINEERING AND DESIGN, INC. III ~ DI<JIr<<IJttlG" "lAHN1NG, I.AHO ~G -..., N<<J LAADSiCN'E AROtTtClUIlE ~ M.1.:l PA.IIll( CDmtAI.. COURT MAPU:S. fl.ORCA 341,. (",) 5U-~ ,.~ ,",) IU",uae ~ :RlPnON: .IlD.u.L BLVD. COWlO!:RClAL DISTRICT EXPANSION PUBLIC FACII1TIES EXHIBIT I ! N,T.S, # REVISIONS SCAl.E:~ DWIl.:~ 0<<..:_ DAlE; ~ CXlP'lftlOHT. 2000 trY WcAN...'I' DlQMDtIrtG AI<<) DOJllN. we. AU ItI<XTS IlfSDf'oQ) OWl::.. ALL P&.~ I I i 2 s ~ e g B S il a i DATE 10f" GOLDEN GATE FUTURE LAND AREA USE MAP GOLDEN GATE AREA FUlURE LAND USE MAP LEGEND COLLIER C(}JNTY, FLORIDA III ... ... ... [] . o o o o . 1!3 D ---. WEI..1II ~ar '"""'" ~"""" NAP\LS IYMCIKN..EE ROAD ~ WIlE .."..'" -..... -- ,.. , ", ...... . . ..".... '--' -- .,.... - ..... .. rr ..,,'" ~ ,u.-.uwM --- M1<,' ~11: IICJN1'Y a:JfB .Ill ~ III CIUfn -"'~"""" I ! ~ ~~~~~-=--- ~~lM[__..MD""''''' III <Xl ... ... (Jl YID.L ROAD ........ IlIlI(lI(AUE ROAD IlANDAU. OOW:V... Ii . , ~ !l Ii! ...... 0A1E o z 3 ~ ~ c .... "", I I n '" ... ... --- -..- Ii , " d ; ! ~'1E-", Sll-14 CII..DOI GATf PMnIo\Y --"""" -A1DlS1ll1C'l" DA.~S BLW. EXT. S.R.-84 ! III o "' ... Ii . , ~ ; o 1 IlL 2"" ...... 0A1E FUTURE ~ USE MAP ADCPTED - P'EJIIJM"I", 1111 MEJIIJED - ....... rt. 1tu MEJaD - 0CltlBER 21. 1117 I ! ! "' ;;; r"... ......-rI..~..~......,.~ ~----..._.....- _ ~ ,..... -/NIIII MIWI.L ---....-.-.- ,.,....... ~.. ....u...... --....:t. .- ~ .........-- R25E R26E OCT 2 4 R 28 E R 27 E g. MAP 8 RANDALL BOULEVARD COMMERCIAL DISTRICT Collier County, Florida LEGEND .1 I o I 1/2 MI. I 1 loll. ~ GOlDEN GA TE ESTATES ~ SETTlDoIENT AREA BASE ~AP PRO\1OED BY: GRAPHICS AND TEOiHICAL SUPPORT SECT10N cn,fWUNllY DE'JaOPUOlT AND EN\1RONWDlTA1... S[R\1.CES DMSlCN Fl..1::: GGWP-21.DYIC DATE: 12/96 l,IOOlFlED BY UeAHLY ENGINEERING" OESIGl. INC. FOR PROPOSID EXPANSION tY' RANDAI...1.. BlW. COYt.CERClAL DISTRICT n...r: GGWP-21X.OVIG DATE; 3/2000 NElGHBORHOOO CENTER ., Pg, ..:.2'1 ~J) Randall Boulevard Commercial fu!edistrict - Recognizing the unique deveiopment pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial SubGdistrict has been designated on the Goiden Gate Area Future Land Use Map, ~5ee Map 9 ~, a) The develellment ~Gliteria for the district are as follows: W .'1, PrsjeGt shall be eJ;;ncouraged to be in the form of a PUD7 Q, Cemmerci31 uses shall be limited te the follewiAg: 1, .^.utomebile Ser.<ise Statien, 2, Barner 3nd Be3uty SheilS, d, Child C3re CeAters, 4, CeAvenience Stores, Ii, DRlg Sterss, 6, Feed Markets, 7, Hardware Steres, Ii, Laundries self serlise enly, g. Post Offices and Ilrofessic:mal effises, 10, Rell3ir SheilS Radio, TV, small 31l1llisnses, She as; aAd Ree:t3urants inClUding fast feed restalJrants but net drive in rost3ur3nts, 11, Shell ping Center, 12, Veterinary Clinics ne eutside kenneling, . Prejects Sh311 pre\;de Q,~dequate buffering shall be provided from residential areas adiacent properties allowina residential uses, . Prsjects shall m3ke prs\1siens fer s~hared parking arrangements shall be encouraaed with adjoining developments, b) Limitation of Uses - Uses shall be limited to the followina: . Automobile Service Station . Barber & Beauty Shops . Child Care Centers . Convenience Stores . Drua Stores r'" . Food Markets . Hardware Stores AGENOA ITEM . Laundries - Self Service Only No. A~)~ . Post Offices and Professional Offices OCT 2 4 2000 30 PI. ...26"- ---.- "--.-- -'._,-- . Repair Shops - Radio. TV, Small Appliances and Shoes . Restaurants. includino fast food restaurants but not drive-In restaurants . Shoppino Center . Veterinary Clinics with no outside kenneiino 31 AGENDA ItEM No. ~ (I) i>.- OCT 2 4 2000 Pi, dh APPENDIX 2 ANALYSIS OF THE GOLDEN GATE AREA COMMERCIAL LAND USE NEEDS Prepared By COLLIER COUNTY COMPREHENSIVE PLANNING DEPARTMENT OCTOBER 1996 - AGENDA ITEM No. /,flf(l).:L- OCT 2 4 2000 pt. d? INTRODUCTION/BACKGROUND As the Golden Gate area continues to experience tremendous population increases, it is anticipated that additional commercial opportunities may be necessary to provide basic goods and services to area residents, Therefore, an analysis of the commercial needs of the Golden Gate area was undertaken, The purpose of the analysis is threefold, First, to document the existing commercial acreage within the Golden Gate area, Secondly, to project future demand and support for commercial land use, Finally. to establish the appropriate spatial distribution and allocation of commercial acreage, In order to provide a more detaiied analysis, the Golden Gate area was subdivided into 5 geographic areas, The 5 sub.areas are delineated on Map 1, The basis of the analysis is provided by a 1988 study completed by Reynolds, Smith, and Hills (RS&H) in conjunction with the County-wide Growth Management Plan, The RS&H study provides the base-line data and the methodology used in this analysis, This study was updated by Collier County Comprehensive Planning Staff as part of the Evaluation and Appraisal Report adopted by the Board of County Commissioners on April 9, 1996, ORGANIZATION OF REPORT The first Section of the study provides an inventory of existing commercial land uses, The inventory documents the location and acreage of commercial land uses within the 5 sub-areas, The second Section outlines projections of the future demand for commercial acreage through the year 2000, An analysis is provided for each of the sub-areas, The final Section details the conclusions and recommendations, AGENDA ITEM No. /62 (4)~ OCT 2 4 2000 pt. ~R MAP 1 GOLDEN GATE AREA MASTER PLAN STUDY AREAS COLLIER COUNTY, FLORIDA HENDRY CO COWER CO SnJCY AREA. ~ <' '" " ('> o C.R. 846 LAKE (\ TRAFFOR~ \ LEE CO. COwER CO. "' ~ .'. \ \ Cl07 \ NAPLES --- 'I, I 75 ~ N 2 <;, '" ~ ~ N SCALE ""iF OF- 4ft/co ---- o "'.. 1()t,l1. PREPARED By: CRAPHICS AND TEQ-INIC.&.l SUPPORT SECTION COMt.4UNI'fY DEVELOPoJENT AND ENVIRONMENTAL SERVICES DIVISION Fli..E: CQ.lP-9.DWG DATE: 11/96 2 PI, 89 INVENTORY OF EXISTING COMMERCIAL LAND USES The purpose of this Section is to document the existing location and acreage of commercial land use within the Study Area and adjacent to the Study Area, Information contained in the RS&H study served as the base data which was obtained from the Property Appraiser's Computerized Real Estate System (RES), Staff updated the base data through August of 1989 by using the Computerized RES, The following Tables summarize the existing commercial acreage in sub-areas 1 through 3. No commercial zoning exists in sub-areas 4 and 5, The parcel numbers listed correspond to Map 2, 1991 ZONING C-1 to C-5 1996 ZONING C-1 to C-5 PUD TOTAL SOURCE: TABLE 1 LOCATION OF COMMERCIAL ACREAGE IN STUDY AREA 1 ACREAGE DEVELOPED 181,73 67,21 UNDEVELOPED 114.52 ACREAGE 181,73 21,05 202,78 DEVELOPED 103,27 ~ 103,27 UNDEVELOPED 78.46 2105 99,51 . RS&H, 1988 Collier County Property Appraiser's, 1989 Collier County Comprehensive Planning Staff. 1996 TABLE 2 LOCATION OF COMMERCIAL ACREAGE IN STUDY AREA 2 1991 & 1996 ZONING ACREAGE DEVELOPED UNDEVELOPED C-2 2,05 2,05 0 Source: RS&H. 1988, Collier County Property Appraiser's Office, 1989, Collier County Comprehensive Planning Staff, 1996 3 ,t,GENO,t,ITEM No. /~fJJ ~ OCT 2 4 2000 1'&. ...3~ TABLE 3 LOCA TION OF COMMERCIAL ACREAGE IN STUDY AREA 3 1991 & 1996 ZONING ACREAGE PUD 5,00 C-2 5.46 PUD 13,58 PUD 8.42 TOTAL 32.46 Source: 1991 ZONING C-4,PUD 1996 ZONING C-4,PUD New PUD TOTAL SOURCE: DEVELOPED o 5.46 o o 5,46 UNDEVELOPED 5 o 13,58 8,42 27,00 RS&H, 1988, Collier County Property Appraiser's Office, 1989, Collier County Comprehensive Planning Staff. 1996 TABLE 4 EXISTING COMMERCIAL ZONING ADJACENT TO STUDY AREA ACREAGE DEVELOPED UNDEVELOPED 325.43 63,01 262.42 ACREAGE DEVELOPED UNDEVELOPED 325,43 142.48 182.95 130.47 ~ 130.47 455,90 142.48 313.42 RS&H, 1988 Collier County Property Appraiser, 1989 Collier County Comprehensive Planning Staff, 1996 A review of the existing inventory indicates that a total of 693,19 acres of commerciai zoning is available within and adjacent to the Study Area, Of the 693,19 commercially zoned acres, 439,93 is undeveloped. A majority of the undeveloped cnmmercial is in ciose proximity to Study Area 1, 4 AGENOA 1la4 No. /~(/1)~ OCT 2 4 2000 p&.-.d I MAP 2 EXISTING COMMERCIAL ZONING IN THE GOLDEN GATE AREA COLLIER COUNTY. FLORIDA " " ,,~. ~ 5J v~" 51 , _",r .\5; : _,' 5' " _,.. so ,\ iI err " ="'''' < , ;c:i '8 _II "I ~i! !Ij '. v~" J7 '5 = ~< , t " " " " : ~ "S'io'! \ ""' J \ '~~ \\ 1-, \' i \ , \ 1 I I n OIQOOL"",:>sl ~~ ~ ~~ ~O..1t " " " -,' " I I I ..........ES " ,. " ro " ,,"',: l' " ,. 0".':;<:""1'-': , ., Ii . ~,I;(JoC" I ''''..u\(;( I ,....00:.....<:,; ~'Jo..J (C ~ 8"1 , ~....o"'-'- S....q (V."t:~ I , ,. _,,' 2J " _'" 2< v",52S " " "",T 2'0 " " ~'I"S~"-- ~, " ~ " v' 116 " " " " " \ I i " " "",r" " ~,,- '8 " c'. " ",.. "6 " " " " '. " " , ",- " ...."',T " v,,' " SOW..C.:: ",<:1 " ,,"T ". ."T 'U CE,"l~ ~..,T " ~I :-5 ,I H ,. " " " " " ~I ::;,\,':t: ,,"'T 'U " ,. ., " , " -" u,., " u'- " " " ~ ~ " " " " O~"'1: " " " " " " " \ " " " ~AJlO ~O"J Ie. ~, Ill..l.JCAfOlIl'w,H{S-1I ,., =~, co....om:AL ........u. , . " ., .' ~ .". " u"'T " , .....11 ~C-l ~ " -' ",,: " .". " " ~ ,""'T " ...'. ."- ,,' w"T II 1 , I. , " -,' " .,.f v".- , ;""- " -" : .,c.cr'" , .....,..>Os I :..0.:'[...- / , "''''[ ,= .OA,JI(:_ '", PREPARED BY: CAAPHICS -'NO TE01NICAl !;illP?OfH SECTION COUWUNlrY OEYELOPIolENT AND D-I'VlRONMENTA.L SERV1a::S OIYLSlON niL CQr,lP-l1.0WG DATE: 11/96 LEGEND . CONvt:NnQNA.L COMl,l[RO"L ZONING ~ PUD COMMERCIA.l ZONING A ITEM 2 No. ?f?VJJ:L STUDY A.REA SALE , , 0 tit 2000 2M1 5 PC, d.:L- PROJECTIONS OF FUTURE COMMERCIAL DEMAND This Section documents projections of future commercial land use demand and support acreage for each of the sub.areas, The following Tables summarize the demand for commercial acreage for each of the Study Areas 1 through 4. An analysis for Study Area 5 was not completed due to the low potential for additional residents, A description of the methodology follows the tables, TABLE 5 COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA 1 Population Estimate/ Projection Dwelling Unit Estimate/ Projection Per Capita Income Est. Household Income Est. Total Income Est.(OOO) Retail Expend, (000) % Of Income , Sales/Sq,Ft $ Supportable Sq, Ft. Total Sq, Ft. @ 5% Vacancy Fioor Area Ratio Land Requirement 1988 5,164 6,265 $ 12,649 $ 32,634 $204,458 $ 90,167 $ 44,11 17509 515,087 540,642 0,1746 71 1990 19.564 7,563 $ 13,060 $ 33,695 ::; 255,506 112,704 44,11 $ 175,09 643.690 675,874 0,1765 88 1995 22,236 7,015 $14,109 $ 44,726 $ 313,756 $ 136,396 44,11 $ 175,09 790,436 629,960 0.1615 105 2000 29.403 9,275 $15,141 $ 47,997 $ 445,191 $ 196,374 44,11 $ 175,09 1,121,556 1.177.636 0,1667 145 2005 33,941 2010 36,229 10,707 12,060 $15,141 $15,141 $ 47,997 $47,997 $ 513,901 $ 578,825 $ 226,662 $ 255.32C 44,11 441. $ 17509 $ 175 1,294,658 1 ,458,2~ 1,359,390 1.531.12 0,1867 167 0,1867 188 TABLE 6 COMMERCIAL LAND USE REQUIREMENTS FOR STUDY AREA 2 1988 1990 1995 2000 2005 2010 Population EStimate/ 3,240 4.028 4,966 6,593 7,611 8,572 Projection Dwelling Unit Estimate/ 1,113 1,384 1,573 2,080 2,401 2.704 Projection Per Capita Income Est. $ 10,456 $ 10,796 $11,663 $ 15.141 $ 15,141 $ 15,14 Household Income Est. $ 30,427 $ 31.416 $ 36.972 $ 47,997 $ 39.064 $ 39,Of Total Income Est.(OOO) $ - , 33.865 _~~3,480 $ 58,152 $ 99.825 $ 93,790 $ 105,63, Retail Expend, (000) $ 14,938 $19.179 $ 25.651 $ 44,033 $ 41,371 $ 46,S? % Of Income 44,11 44,11 44.11 44,11 44,11 44,1 Sales/Sq,Ft. $ 175,09 $ 175,09 $ 175,09 $ 17509 $ 175,09 $ 175,( Supp, Sq, Ft. 85,316 109,539 146,500 251,486 236,283 266,1' Tot Sq,Ft.@ 5% 89,582 115,016 153,825 264,060 248,097 27f Vacancy "GEND" ITEM Floor Area Ratio 0,1746 0,1765 0,1815 0.18 7 No~~ 1 6 Land Required 12 15 19 ., 6 OCT 2 4 2000 \ ,:;::j Pi. --~- TABLE 7 COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA 3 1988 .'290 1995 2000 2005 2010 Population Estimate! 1504 1910 3824 5056 5836 6573 Projection Dwelling Unit 474 603 1,206 1,595 1,841 2,074 Estimate! Projection Per Capita Income $ 9,433 $ 9,739 $ 10,522 $ 11.292 $ 11,292 $ 11,292 Est. Household Income $ 29,903 $ 30,873 $ 32,408 $ 34,779 $ 29,133 $ 29,133 Est. Total Income $14,174 $ 18,616 $ 39,094 $ 55,471 $ 53,635 $ 60,408 Est.(OOO) Retail Expend, (000) $ 6,252 $ 8,212 $ 17,244 $24.468 $ 23,658 $ 26,646 % Of Income 44,11 4411 44,11 44,11 44.11 44,11 Sales!Sq,Ft. $ 175,09 $ 175,09 $ 175,09 $ 175,09 $ 175,09 $ 175.09 Supportable Sq, Ft. 35,708 46,899 98.488 139,748 135,121 152,18 Total Sq, Ft. @ 5% 37,493 49,244 103,412 146,735 141,877 159,79 Vacancy Floor Area Ratio 0,1746 0,1765 0,1815 0,1867 0,1867 01867 Land Requirement 5 6 13 18 17 20 TABLE 8 COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA 4 1988 1990 1995 2000 2005 2010 Popuiation Estimate! 272 345 996 1,317 1,520 1,712 Projection Dwelling Unit 93 118 314 415 479 540 Estimate! Projection Per Capita Income $ 9,433 $ 9,739 $ 10,522 $ 11,292 $ 11,292 $ 11,292 Est. Household Income $ 27.450 $ 28,340 $ 33.355 $ 35,796 $ 29,133 $29.133 Est. Total Income $ 2,553 $ 3,344 $ 10,480 $14,872 $ 13,969 $ 15,734 Est.(OOO) Retail Expend, (000) 1,126 1,475 4,623 6.560 6,162 6.940 % Of Income 44,11 44,11 44,11 44,11 44,11 44,11 Sales!Sq,Ft. $ 175,09 $ 17509 $ 175,09 $ 175,09 $ 175,09 $ 175,09 Supp Sq. Ft. 6,431 8,425 26,402 37,466 35,193 39,63 Total Sq, Ft. @ 5% 6,753 8,846 27,722 39.339 36,952 41,62 Vacancy Floor Area Ratio 0,1746 0,1765 0,1815 0,1867 0,1867 01867 Land Requirement 1 1 4 5 ,\GENO" IT90I TABLES 5-8 SOURCE: Collier County Comprehensive Planning Section No- # (4i.;J..., - February, 1996 OC1 2 4 2000 7 PI. c::;i/ METHODOLOGY The methodology used to determine future commercial land use requirements is similar to the one used in the RS&H Study, The variou" components employed by the methodology are described below, POPULATION ESTIMATES AND PROJECTIONS 1980, 1988, 1995 and 2000 estimates were respectively obtained from the U.S, Census Bureau and the Collier County Comprehensive Planning Department. Projections of future population were based on high range for five years and medium range County-wide population projections developed by the Bureau of Economic and Business Research (BEBR) BEBR's County-wide totals were disaggregated based on a share of growth from 1980 to 1995 as indicated by Certificates of Occupancy, All estimates and projections reflect permanent population figures due to few opportunities for seasonal residents, DWELLING UNIT ESTIMATES AND PROJECTIONS Dwelling unit estimates and projections were developed by dividing population estimates and projections by person per household figures, Person per household figures for each sub-area were obtained from the 1980 Census, PER CAPITA INCOME PROJECTIONS Per Capita income projections were obtained from the RS&H Study, Projections for each of Collier County's 12 planning communities were developed, However. Study Areas 1 and 2 incorporate more than one planning community, Therefore, a weighted average per capita income average based on population was developed Per capita income figures for Study Areas 3, 4 and 5 were not adjusted, HOUSEHOLD INCOME Household income was determined by multiplying per capita income by average household size, TOTAL INCOME Total income was estimated by multiplying household income by the total number of dwelling units in each Study Area, RETAIL EXPENDITURES Retail expenditure forecasts were based on RS&H's estimate that 41,11 percent of totai household income is used for retail expenditures, The 41 % figure was derived from actual retail sales data for Collier County from the Census of Retail Trade as compared to available income, RETAIL DEMAND BY AREA Acreage requirement is calculated as follows: 1. Divide projected sales by sales per square foot to determine supportable square feet. 2, Multiply supportable square feet by 1.05 to account for 5% vacancy fac 8 ,\GENJA ITEM No. 8 fl Jc:2. OCT 2 4 2000 Pl. <..1-5 3. Divide total square feet by 43,560 (square feet per acre) and then by floor area ratio (FAR) to determine acreage requirements, The FAR is a measure of density and is the ratio of floor area to land area Sales per square foot and FAR's were obtained from the RS&H Stuc1y, The sales per square foot was determined by dividing the total retail sales in the County b,~ t,he number of square feet of retail space, The FAR was estimated by using actual building to land ratios established from the inventory, The FAR was adjusted for future years to account for an increasing density, SUMMARY/CONCLUSION The table below outlines the existing commercial acreage and the future demand for commercial acreage for each of the sub-areas, TABLE 9 YEAR 2010 PROJECTED COMMERCIAL ACREAGE STUDY AREA 1 2 3 4 EXISTING COMMERCIAL 202,78 2,05 32,36 o REQUIREMENTS 188 34 20 5 DIFFERENCE +14,78 -32,05 +12,36 -5 SOURCE: Collier County Planning Department, 1995 . Based on Table 9, it is apparent that there stili exists sufficient commercial zoning within Study Areas 1 and 3 to serve the population beyond the year 2000, However. it shows that Study Areas 2 and 4 could support additional commercial acreage which shows a deficiency of 37,05 acres, Study Area 5 was not analyzed because of the plans for public acquisition of the property under the State CARL Program, AGENDA ITEM No./~ff>~ OCT 2 4 2000 9 Pg. .....?b ANAL YSIS OF THE GOLDEN GATE AREA COMMERCIAL LAND USE NEEDS FOR STUDY AREA 3 AND 4 Prepared By MeAnly Engineering and Design, Inc. APRIL, 2000 AGE/oI)" ITEM No.~) t<- OCT 2 4 2000 PlI.'- ;7 INTRODUCTION This private analysis recognizes increases in population in the Rural Estates area of Collier County, and the need for additional commercial opportunities. The methodologies of this analysis are identical to the methodology utilized to prepare the County generated analysis, However, current population figures were derived from demographic data obtained from the Collier County Property Appraiser's office, This analysis documents existing commercial acreage defined within Study Areas 3 and 4, depicted on Map 1, which is the County's Map 1. Further, this analysis projects current and future demands for commercial using the current demographic data referenced above. ORGANIZA nON OF THE ANALYSIS The first part of the analysis depicts the boundaries of Study Area 3 and Study Area 4, and includes ExistinglEstimated Housing Units and Populations for both Study Areas in Tables leA), and I(B), respectively, Further, Tables 2(A) and 2(B) calculate the commercial land use requirements for Study Area 3 and Study Area 4, respectively, The second portion of the analysis is comprised of Table 3, which defines the location of commercial acreage in both Study Areas, and Table 4, which projects the 2010 commercial acreage demand for Study Area 3 and Study Area 4, Finally, the data utilized to prepare this analysis are attached, The demographic information for Collier County - Rural Estates, provide by the Economic Development Council of Collier County, was unavailable at the time of preparing this analysis, and was not utilized, However, it was attached to demonstrate the disparity between the County's per capita income utilized in their analysis, and the actual per capita income for the Rural Estates AGE/'I)'" ITEM No. ..t?{(J JcP.. OCT 2 4 2000 pt. <3 t' ~ MAP 1 GOLDEN GATE AREA MASTER PL STUDY AREAS COLLIER COUNTY, FLORIDA. STUDy AREA MENOR'!' COWER - ~ 1R~0 rMIofOKALl C.R. B46 \ LEE CO. COWER CO. '" ~ .!. C.R. 8~ 6 01Y \ OF "~'-\ g "" o ~ I -75 ~ N '" '^ ~ <;< g \ ~ WARCQ _?t ISlAND \ N SCAU: CVt;. OF-,k ':" t:;_E".u'CO '" J!l!c,' *5, t ., ...; ~-- o .... ''''' PREPARED By: CRAPHlCS AND TECHNICAL. S" COt.lWUNrTY OE\fJ..OpYDlT AND EN'w1RClNWo-- FILE: cc::wP-va.OWG DATE: t2/16 IN g, N.T,S. FOR; GOLDEN GATE AREA MASTER PLAN AMENDMENT STUDY AREA 3 EXHIBIT >- t- Z :::l o o w W -! >- t- Z :::l o o ~ w ::J -! o o . "'-I I . ' 7 LIlT .. 11 " N"PLES 1101 OK"LEE JO :JI . . LIlT " 'I<' LIlT .. 17 11 LIlT D " LIlT :II /' 21 .. .. 12 ...,. .. " N"PLES-lllIolClK"LEE RO"D (C.R, B46) .. ~JD"'l ,. LIIT~ '" LIlT .. :JI " ,. .. LIlT .. ...,. 41 UlIT .. .. . LIlT .. . LIlT .. . lilT .. , . " UlIT .. ,. :D 7 LIlT OJ .~ ~ . ~LIIT U ~ 10 ,. LIlT .. :II _ 17 . _ .. . UIIT t1 11 _ .. ~ o 17 :5_ .. !a '" nu r""", O~ f- o. 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"'0 '';: "C ~ ~ ~ C,) ~ B $ U ~ g ~~tn -=~V'1U'1-=~U':l Co) oJ) "l ... ... e.o c .... .... ~ '" ~~ '~c is 8 ~ cg .52 8 ~.5 ~ ,- ~ - ~ c: (.) !if'So g.~'5b= a l.: ~ .2., == t: ~.O' e l.: .E ClO c.. e;:3 c.....;:3 Cl. l:::g~o.es~o.eg~ OQ'= .::: aD e '';::.::: 2!> e '';: .:::,:. c: ~ Vl - ~ '~8.~' ~5. ~~_ ~~~ 'e~ ~ 0\ 0' e c c e - - ~~ 0'0'\0 .::.coo~co _ c, u c.. .:off"2Clr~'2Ot1a PI. /./,?- TABLE 2(A) COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA 3 1999 2000 2005 2010 Population Estimate/ 7,297 7,7191 8,692 9,647 Proj ection Dwelling Unit 2,297 2,4352 2,741 3,043 EstimatelProjection Per Capita Income $1 ],292 $] 1,292 $11,292 $1 ],292 Estimated Household ]ncome3 $35,796 $35,796 $35,796 $35,796 Estimated Total Income Estimate $82,223 $87,163 $98.] 17 $108,927 (000) ~ Retail Expenditures (000) $33,794 $35,824 $40,326 $44,769 % Oflncome 41.1] 41.1] 41.1] 41.11 Sales/Square Feet $17509 $] 75,09 $]7509 $] 75,09 Supportable Sq, Ft. ] 93,008 204,603 230,3] 6 255.692 Total Sq, Ft. @ 5% 202,659 2] 4,834 24] ,832 268,476 Vacancy Floor Area Ratio 0, ]867 0,]867 0,]867 0, ]867 Land Requirement 25 26 30 33 r--, 1 The 2000 population lip., the Population EstimatelI'I (',' of Future Commercial Deman ; The 2000 housing projection- County Permanent Population f 2020. prepared b)' the Collier (' 0' 3 The Estimated Household Inc~' the Population Estimate/Projec of Future Commercial Demand c j from a standard of 3, 17 occupants per household which is consistent with , by the Collier County Comprehensive Planning Section for the Projections 1996. from the Golden Gate Area Master Plan, ,ing the 6% increase in units for the I year period from the Collier '1OS By Planning Community for the period from Apnl I. 1990 - Planning Section. dated 7/5/99, a standard 3,17 occupants per household. whic 's con~~/MM Collier Count)' Comprehensive Planning Section r th....oiections~ 1996, from the Golden Gate Area Master Plan, OCT 2 ~ 2000 PI, ;p ,- GOLDEN GATE AREA MASTER PLAN AMENDMENT AREA 4 EXHIBIT N.T,S. J5 3Il 31 32 33 34 34 SnJDY AREA 3 3 2 1 . . . ~ INT78 UIOT n UNIT 78 GOLDEN GA'" BOUt _VAD' 0 0 '" ~ 10 " 12 7 ~ . UHl! 70 ~ 10 UNIT 11I1 -' UNIT 80 5 5 "' "' III f'! ... 0 g " ~ 17 ... " '3 ,. ',. II< 0 ,. UNT 82 '" Ulor OJ INT !$! ... SnJDY 4 22 23 2' ,. ac 21 22 lINT 87 UIIT .. UIIT .. 'Z7 2. 2!1 . 30 .. 2lI 27 UIIT .. INT .. INT 00 . 34 35 3Il 31 32 33 34 UNIT 03 UIrIT 82 UNIT ., INTERSTATE - 75 (5.R. 84) . . .J UN T . .--.i UNIT Sl2A --J I 3A UNIT 81A I . I I Ii s i I I ; i mil: CARMEN CALI MeAN. Y ENGINEERING ~~5111~ _.-AIO:HttC1\JRE -." iMJS PNI/( CZJmW. caurrr ~ (M1) __~ ~~}~JaI ~ # ~IPl1ON: GOWEll GAT! _ IUlITI:R PLAN .llIl!Nll1IBNT 9'fUDT _ 4 DIIIBlT SiCAlE;:~ DWrL:R-. CHK.:_ DAtt: 411412aOO CCP'ltIGHT. 2IIDO BY WGNLY EttGt&R"ICI AND tE3CiIrt. INC. ALL. ImiTlIDEJNED a... FlLE: 4.DWG Pg. ~'f '" => - => ~ ... 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Q.{) :s ~.5 15..8 r; .5 .9: a r; .5 ~ C'- t- C - ... c ~::: c U ~.::l C U~.::l C ... oJ) ~ 0 '2 ol) ~ .0 ,- cJl ~ ::l ..: -'0' c - 0' c t.: - 2!>cc......=cc..a.;::c(l., l.;:;oCJc..Eoo coo cJl'';:.~ cJl E'';:.~ oIJ E'';:.::: c ~ VI C 0 ~ VI.5 0 ~ VI_ 'i;i;"3 5 'Vi u"'3 5 ~ U '"3 ... ::: o...c ::: ell 0..::: 0 ol) c. ] 8.. a..] ,5 8. 5.:: .5 8. 0- 0'\0'\ ~Ir, CV),..-- cCo ~ O'\O'\.,oco=- _c "'O"oo..::coS~oo __UN(l.,NW...(l.,NU '<l" or, ;c TABLE 2(B) COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA 4 1999 2000 2005 2010 Population Estimate/ 1,936 2,0501 2,300 2,551 Projection Dwelling Unit 611 6472 726 805 Estimate/Projection Per Capita Income $1 ],292 $11,292 $1 ],292 $11,292 Estimated Household Income' $35,796 $35,796 $35,796 $35,796 Estimated Total Income Estimate $2],871 $23,196 $25,988 $28,816 (000) - Retail Expenditures (000) $8,989 $9,533 $]0,681 $1 ],843 % Of Income 411] 411] 4111 4111 Sales/Square Feet $17509 $17509 $17509 $] 75,09 Supportable Sq, Ft 5] ,340 54,449 61,003 67,64] Total Sq Ft @ 5% 53,907 57,] 7] 64,053 71. 0 23 Vacancy Floor Area Ratio 0,1867 0, ]867 0, ]867 0, ]867 Land Requirement 7 7 8 9 ~ I The 2000 population figures were deri\'ed from a standard of 3,17 occupants per household \\ lllch IS consistent with the Population EstimatelProjection utilized by the Collier County Comprehensi\'e Plarming Section for the Projections of Future Commercial Demand dated February, 1996, from the Golden Gate Area Master Plan, , The 2000 housing projections wcre deriwd utilizing the 6% increase in units for the I year period from the Collier Count\' Permanent Population Estimates and Projections By Planning Community for the period from Anri! I, 1990- 2020. prepared by the Collicr County Comprehensive Planning Section. dated 7/5/99, AGENllAITEM 3 The Estimated Household Income was derived from a standard 3,17 occupants per household w 'ch i'Hii'nS~~ the Population E 'irnatelProjection utilized by the Collier County Comprehensive Planning Secti n for the.proJ c Ions of Future ComlTLrcial Demand dated February, 1996. from the Golden Gate Area Master Plan, OCT 2 4 2000 PI. t( ? TABLE 3 LOCA TION OF COMMERCIAL ACREAGE IN STUDY AREA 3 & 4 1991 - 1999 ZONING PUD Randall Blvd, Center PUD Mir-Mar C-2 TOTAL ACREAGE DEVELOPED UNDEVELOPED 5,0 1.5 3,5 2.38 o 546 6,96 2,38 o 5,88 546 12,84 Note Due to the fact that the Settlement Area (aka. Orangetree PUD) was specifically excluded from the Analysis of the Golden Gate Area Commercial Land Use Needs (Appendix 2 from the Golden Gate Area Master Plan), the 22 acres of commercial acreage within the Settlement Area must be removed from the commercial demand analysis TABLE 4 YEAR 2010 PROJECTED COMMERCIAL ACREAGE FOR STUDY AREA 3 & 4 EXISTING COMMERCIAL 12.84 REQUIREMENTS 42 DIFFERENCE -29.16 Based on Table 4, it is apparent that Study Area 3 & 4 could support additional commercial acreage, by virtue of the deficiency of29,16 acres AGENDA ITEM No. ,/;;{ {It) 0( OCT 2 4 2000 PI. ~f PD-GGCOUNT 2000/03/27 15:33:45 Collier Co Property Appraiser Total Improved Vacant EST# GATOR GATE UNIT 2 2 0 2 -"I GEMMER SUBDIVISION 4 3 1 - i# GERMAN WOODS IN UNIT 30 5 1 4 EST# GLADES UNIT 1 3 0 3 EST# GLADES UNIT 2 7 0 7 EST# GLEN EAGLE GOLF & COUNTRY CLUB 39 19 20 EST# GLEN EDEN PHASE ONE 54 11 43 EST# GLENDALE 10 9 1 EST# GLENDEVON AT WYNDEMERE 34 28 6 EST# GLENDEVON REPLAT AT WYNDEMERE 12 8 4 EST. GOLDEN ACRES 11 0 11 EST. GOLDEN GATE CITY UNIT 1 194 184 10 EST# GOLDEN GATE CITY UNIT _ PT 2 47 37 10 EST. GOLDEN GATE CITY UNIT 2 842 767 75 EST. GOLDEN GATE CITY UNIT 2 PT 1 8 0 8 EST# GOLDEN GATE CITY UNIT 2 PT 2 64 52 12 EST. GOLDEN GATE CITY UNIT 2 PT 3 4 0 4 EST# GOLDEN GATE CITY UNIT 3 689 596 93 EST. GOLDEN GATE CITY UNIT 3 PT 1 5 4 1 EST# GOLDEN GATE CITY UNIT 4 479 396 83 EST# GOLDEN GATE CITY UNIT 4 PT 1 22 0 22 EST. GOLDEN GATE CITY UNIT 5 468 405 63 EST# GOLDEN GATE CITY UNIT 6 451 314 137 EST# GOLDEN GATE CITY UNIT 6 PT 1 379 323 56 EST# GOLDEN GATE CITY UNIT 641 542 99 EST# GOLDEN GATE CITY UNIl PT 1 231 203 28 . ='('# GOLDEN GATE CITY UN!'; PT 2 50 39 11 '# GOLDEN GATE EST UNIT 242 151 91 EST# GOLDEN GATE EST UNIT 215 128 87 EST# GOLDEN GATE EST UNIT 231 157 74 EST# GOLDEN GATE EST UNIT 4 199 111 88 EST# GOLDEN GATE EST UNIT 5 248 144 104 EST# GOLDEN GATE EST UNIT 6 234 158 76 EST# GOLDEN GATE EST UNIT 7 237 136 101 EST# GOLDEN GATE EST UNIT 8 247 133 114 EST# GOLDEN GATE EST UNIT 9 249 127 122 EST# GOLDEN GATE EST UNIT 10 238 138 100 EST# GOLDEN GATE EST UNIT - , 263 137 126 l EST. GOLDEN GATE EST UNIT ) 280 167 113 EST# GOLDEN GATE EST UNIT 307 130 177 EST. GOLDEN GATE EST UNI'I TR 119 3 2 1 EST. GOLDEN GATE EST UNIT 3 TR 149 3 2 1 EST. GOLDEN GATE EST UNIT 4 292 135 157 EST# GOLDEN GATE EST UNIT 15 238 146 92 EST. GOLDEN GATE EST UNIT 16 198 33 165 EST. GOLDEN GATE EST UNIT 17 241 45 196 EST. GOLDEN GATE EST UNIT 18 239 78 161 EST' GOLDEN GATE EST UNIT 19 257 110 147 EST. GOLDEN GATE EST UNIT 20 255 84 171 EST. GOLDEN GATE EST UNIT 21 178 61 117 EST# GOLDEN GATE EST UNIT 22 229 71 158 EST' GOLDEN GATE EST UNIT 23 280 89 191 ~r. GOLDEN GATE EST UNIT 24 286 69 217 '# GOLDEN GATE EST UNIT 25 274 58 216 AGENDA ITEM L"T# GOLDEN G~TE EST UNIT 25 TR 21 3 2 1 No.~ EST# GOLDEN G',TE EST UNIT 25 TR 111 3 1 2 OCT 2 4 2000 Pll, ~'1 .----- ..._~-- PD-GGCOUNT 2000/03/27 15:33:45 Collier Co Property Appraiser EST# GOLDEN GATE EST UNIT 26 283 191 92 EST# GOLDEN GATE EST UNIT 27 449 320 129 EST# GOLDEN GATE EST UNIT 28 430 314 116 EST# GOLDEN GATE EST UNIT 29 273 199 74 EST# GOLDEN GATE EST UNIT 30 243 171 72 EST# GOLDEN GATE EST UNIT 30 TR 77 2 1 1 EST# GOLDEN GATE EST UNIT 31 259 189 70 EST# GOLDEN GATE EST UNIT 31 TR 7 4 3 1 EST# GOLDEN GATE EST UNIT 32 213 161 52 EST# GOLDEN GATE EST UNIT 32 TR 93 3 2 1 EST# GOLDEN GATE EST UNIT 33 318 229 89 EST# GOLDEN GATE EST UNIT 34 254 188 66 EST# GOLDEN GATE EST UNIT 35 201 127 74 EST# GOLDEN GATE EST UNIT 36 248 28 220 EST# GOLDEN GATE EST UNIT 37 235 8 227 EST# GOLDEN GATE EST UNIT 38 294 4 290 EST# GOLDEN GATE EST UNIT 39 303 10 293 EST# GOLDEN GATE EST UNIT 40 248 1 247 EST# GOLDEN GATE EST UNIT 41 279 7 272 EST# GOLDEN GATE EST UNIT 42 273 2 271 EST# GOLDEN GATE EST UNIT 43 360 9 351 EST# GOLDEN GATE EST UNIT 44 341 19 322 EST# GOLDEN GATE EST UNIT 45 302 6 296 EST# GOLDEN GATE EST UNIT 46 302 4 298 EST# GOLDEN GATE EST UNIT 47 377 3 374 EST# GOLDEN GATE EST UNIT 48 277 131 146 EST# GOLDEN GATE EST UNIT 49 346 153 193 EST# GOLDEN GATE EST UNIT 50 295 85 210 ( EST# GOLDEN GATE EST UNIT 51 423 142 281 EST# GOLDEN GATE EST UNIT 52 108 0 108 EST# GOLDEN GATE EST UNIT 53 96 0 96 EST# GOLDEN GATE EST UNIT 53A 8 0 8 EST# GOLDEN GATE EST UNIT 59 324 30 294 EST# GOLDEN GATE EST UNIT 60 , 305 23 282 EST# GOLDEN GATE EST UNIT 61 264 5 259 EST# GOLDEN GATE EST UNIT 62 400 12 388 EST# GOLDEN GATE EST UNIT 63 351 13 338 EST# GOLDEN GATE EST UNIT 64 299 27 272 EST# GOLDEN GATE EST UNIT 65 387 12 375 EST# GOLDEN GATE EST UNIT 65A 33 1 32 EST# GOLDEN GATE EST UNIT 67 385 3 382 EST# GOLDEN GATE EST UNIT 67A 14 0 14 EST# GOLDEN GATE EST UNIT 68 403 34 369 EST# GOLDEN GATE EST UNIT 69 357 48 309 EST# GOLDEN GATE EST UNIT 70 353 42 311 EST# GOLDEN GATE EST UNIT 71 401 57 344 ESTlI GOLDEN GATE EST UNIT 72 289 4 285 EST# GOLDEN GATE EST UNIT 73 235 17 218 ESTi GOLDEN GATE EST UNIT 74 254 43 211 EST# GOLDEN GATE EST UNIT 75 252 40 212 EST# GOLDEN GATE EST UNIT 76 277 73 204 EST# GOLDEN GATE EST UNIT 77 286 84 202 EST# GOLDEN GATE EST UNIT 78 312 34 278 EST# GOLDEN GATE EST UNIT 79 297 17 280 "GENO" ITEM, EST# GOLDEN GATE EST UNIT 80 320 98 222 No. .a~) B- EST# GOLDEN GATE EST UNIT 81 383 107 276 OCT 2 4 2000 Pc, CtJ PD-GGCOUNT 2000/03/27 15:33:45 Collier Co Property Appraiser &"""'11 GOLDEN GATE EST UNIT 81 3 2 1 1 I GOLDEN GATE EST UNIT 82 314 37 277 EST' GOLDEN GATE EST UNIT 83 256 3] 225 EST' GOLDEN GATE EST UNIT 84 282 17 265 ESTI GOLDEN GATE EST UNIT 85 289 9 280 EST' GOLDEN GATE EST UNIT 86 268 ,- 262 EST' GOLDEN GATE EST UNIT 87 272 LL' 248 EST' GOLDEN GATE EST UNIT 88 243 ..~ : 220 ESTII GOLDEN GATE EST UNIT 89 256 f 248 EST' GOLDEN GATE EST UNIT 90 272 ( 266 EST' GOLDEN GATE EST UNIT 91 274 . 272 . EST' GOLDEN GATE EST UNIT 91A 29 0 29 EST' GOLDEN GATE EST :JNIT 92 237 17 220 EST' GOLDEN GATE EST UNIT 92A 51 .' 49 EST II GOLDEN GATE EST UNIT 93 262 13 249 EST' GOLDEN GATE ES'- JNIT 93A 24 1 23 EST' GOLDEN GATE ES. JNIT 95 322 228 94 . ESTII GOLDEN GATE ES, uNIT 96 209 155 54 EST' GOLDEN GATE ES' UNIT 97 299 195 104 EST' GOLDEN GA'l'E EC' UNIT 98 56 3 53 " EST II GOLDEN GATE ES-' UNIT 98A 2 0 2 EST' GOLDEN GATE ESI UNIT 99 78 0 78 EST' GOLDEN GATE ESr: UNIT 99A 2 0 2 EST' GOLDEN GATE E UNIT 100 68 0 68 EST' GOLDEN GATE E - UNIT 10M 6 0 6 E~' GOLDEN GATE E UNIT 101 54 0 54 E '\ GOLDEN GATE E UNIT 102 70 0 70 E__iI GOLDEN GATE E UNIT 103 52 0 52 EST' GOLDEN GATE E -,':;' UNIT 104 46 0 46 EST' GOLDEN GATE E:'~. UNIT 105 58 1 57 EST' GOLDEN GATE E; UNIT 106 68 0 68 EST' GOLDEN GATE E' UNIT 107 80 0 80 .' EST' GOLDEN GATE E UNIT 108 52 0 52 EST' GOLDEN GATE E: UNIT 109 77 0 77 EST' GOLDEN GATE EE UNIT 110 60 0 60 EST' GOLDEN GATE EE UNIT III 61 0 61 EST' GOLDEN GATE EE 'JNrT 112 77 0 77 EST' GOLDEN GATE E;' 'JNIT 113 71 0 71 EST' GOLDEN GATE E~ UNIT 113A 2 0 2 EST' GOLDEN GATE E~: UNIT 114 74 0 74 EST' GOLDEN GATE EC UNIT 114A 4 0 4 - , EST' GOLDEN GATE ES' UNIT 118 69 0 69 EST' GOLDEN GATE ES1 UNIT 119 57 0 57 EST' GOLDEN GATE EST UNIT 121 63 0 63 EST' GOLDEN GATE EST UNIT 123 66 0 66 EST' GOLDEN GATE EST UNIT 123A 3 0 3 EST' GOLDEN GATE EST UNIT 124 64 1 63 EST' GOLDEN GATE EST UNIT 127 72 0 72 EST' GOLDEN GATE EST UNIT 130 80 0 80 EST' GOLDEN GATE EST UNIT 131 79 0 79 EST' GOLDEN GATE EST UNIT 134 75 0 75 EST' GOLDEN GATE EST UNIT 135 65 0 65 ~~ GOLDEN GATE EST UNIT 136 62 0 62 E J GOLDEN GATE EST UNIT 137 81 0 81 AGENDA ITEM EST' GOLDEN GATE EST UNIT 140 62 0 62 No. 4../7)./& EST II GOLDEN GATE EST UNIT 141 61 0 61 OCT 2 4 2000 Pg, <.."'J / -.-..- , ' m'd I S..!!!.::f.a.e.e.t!.tJl.::c fr-.u~PI nII.i_if ~ uHHi'1 i ~ 'rtHIII~ j 8 ~ fhl.ilSlii 11lpH[ @ I Ih H1lf . Qliu{i l ~ qU";; I ~ i i" d q ~ ~ ;0; K Pill .. . ill ;f1r 0 ~ ~ ~ ip ;1. I i 0 z 1.1 Ifn .:!. j ~ ~ w wi! ~ I ~ ~ ili IHU i ~ .. '" I: ~It Ilhi .. ;; a i i a I I I J ~ f. . ~ '\! . .. 01 ~ !l.~ Ii. ~ l!~ ~.m II . .. 0 ~~~ III ~ ~ Hi -il . I ~ ; f !t .. : i f ! N L l !t ... q I !: N i ' f II '" :l . ! H t ~ 'G ~ ~ J = !: Ii w l\! ':l . N i . ~ ('nn"" i i p~ n g i ~ II ~ ~ ~ ~ c . d! II ~ - - u ~ ! II i! ~ II sP l' Jl c; = II' ~ 11 ~ N ~ Jl II ~ I n~ !t II ~ t' !i ~ I .. ~ !t ~ i; ~ '_ I .. - ~ ~ - ~ i H t ~ ... - N II - ~ ~ i 'd ~ N ~ N II i i '" 8: !: - _ 0 II ;:: ;tli U U II ~ ~ .. .. i~ ;; '! I ~ J:l "n .. ~ ~ ~ ~ x J:l l:l !:: 5iJ ~ N ~ .: J:l !~ n II ~ J:l Ii i! i~ ~ - N ,. .. N <l '! U N ~ 896'3l:l>91l'6 Wd61:S<! 000G-l.0-m .. Hunt P!p~i eh H i li~i 'j I I ~ ~ ~~~~H~ ~U-_Nit 9' " .c ,. f"l ~ a ! !! ~ ! ! .: - N~---J:li -".- ";i ~iHh ~E~~.~.. i c=... c.... CI> t! ~ ~ .... ~ t& i raiHH~ i;jiji~g'tlN _ ... VI ell ~ =..... I,tI III ~ i - 0 - f:l i ... a .. ~ l:'g~N,"'" ~HHN _ II ~ ~ il I ~.... 00 JO -,r; tJ--~~~i Htun ~ihH I :::..... l,II ~ s ~;:II{;;P HH;~~ H'ed ~ ::: _ lJI;; Cl ~-~::9Jj H~l!~U 11::"''''00- IS - - - ~ .. 0 S::::.. "'~~ III II;:::: ~ i ~Hii!~H -.... . ~ Cl) ~ N ... 8 ~ m i:! c;: ... ..... .... .. III ~ !l ~ ;; I; i 1 0> ........ CIII l.> ~ '" ~... l:! ~ '0'" ii~Hn Z II...", ~ i i ;; ~ .. i ; II-~;:~~ii :iliUll '! '; ~ ~ ~ I:l ii · . o.;t.... . . II _ l:l a!t t I . ... ... .. :'" .1&1 ~ !"'!" P' OHB !iiHl~H~ II _ - - I:! _ l:! ::: !t t ~ ~P._ ~sa~ ~=~i~~ -aG~iIJ .. ... g Cl 10 ~ ~ N ... .... l! ~ tl ::: !! ~ II . 0'" ... CII ~ i~H';;!~ ~H'hiN .... ....... CIII ~ ~.- :-l P ~ " . ~ ;; l:! jil Ii U!~uu !i"!i~"'tlN III ~ S. ... i!t- ~:::::: J:I-bl"l:!~l ~HiH iBiH h- '~i;: l:l ~ III ;;; ~ 8d! e~'~~! ~ '- !il ~ ,. i: !1 . bl coo ~...... w ti~- ....~~ l:l - III ;; jl\ !!: i ~ ':d Ii ~ G ~1::l!"-8 a .... .. CI ... ...!il lIP ~~ j! II i?i i~ . ;:l g~ ~ a ~ I ~ ~ I I ~ = I R~R9ttAlt8 YV~ nt:Rl nn ~~7rl1,'''I1..n:) O'l ~l,.,n'l AGENDA ITEM - No.~ OCT 2 4 2000 a,r.aPg, 6,;).-' ve'd I N ~ !i II ~ ;: I g i ~ ~ N 8 w I !l .. I w ; I i ~ II ~ l! ~ ~ ~ J i! II ~ i! l: .. . ;! . , ~ ! ; : J ~ w ; w il .. 01 ,- . 1 i too~ a;; id~ HI H ~ 111 ~ . 11 ~ ~ n u- ~ - )ll '" ~ U J - .. ~ d Ii! ~ " ;; 01 ~ ... H il ;:: H III .. ... ~ Ii !; ~ III H U n ; il ~~ !:l n - ~ . N !:l ~ ,.., I: 'i: Inl - .. ~ ~ N ~ W e'l .. -:. ~ w Jl~ N ~ _ .. ! ~ :: !S !:: \1 )ll H U 896~l>9lv6 ~ I N - - \:! - !:l ~ J II: I ."*.- ~ pi " l!UiU ! ~ II! il !1! ~ 2i! N -. _ J.- !:l tJ .II .1 I i ~ ~ ~.rt.I.<O ~~~\:!~~ Ii II !!:! Cot ~ . It,l I....... ca:~ [):~;:~.IIJ!I 2 i~ n a '5 lHi12Ua !!!jl,.., ~I~ ~.-~~~_! - - i! 5!i l! :;I\p suus- _ ca!PI ~ !~Jo> ~~ .I:-J1Fl,llll:!! ~:~~!.:: nUU- -It,lCIIOlN ..., i .II,. ..!:l ~ i -pJlJ!! 1;-1:'-:.'-\1 ~ ... ~ Cl ~LUIiiN Sill N ::! ~ )ll,. ,~ JI J1.~ !l :ilH ~;~ ....gtf~~!~ & g - .. .... N ~ ~ Il ~~I~ !!!:IN r;:1l ~~UaalJ llik::: - - 0 lID i~N ..~tl ~"UIP!! "''\:!~'''''i ~ - I .. " ~ !! l! B _ i III N .. tl !l ~,,~.l!~;;l!! n~UH ..:.: ~ -.. - ~ Ii .~N otj~ tl N \:! Ill:! i !! ~uno HB~ ~ ~iilN ol!~ t N l: Ill:! fi !! HHH'i ~w~"c.~ . eI = .. :: ~~~ !S.~.~ .Ii Nil; j:: ~ !! nun~ f!"!:: ll: ~ . .. -- , S l!: J.I 0 ~ ~ t;N!HIll!~q HU~~! n'tlH i I ! .. ~ !! N ! w 1/ :.: !! .. !! .. !! ~ N 5! .. II ;0 i.l .. A3a AIINnxio~ 0) 831110) QGS9tt9TtS lTd Ot:&l Wd6l:S0 000c-~-E0 ( . 1 AGENDA ~ No. /..l.. ('f 1C:Z OCT 2 4 2000 Collier County - Rural Estates Defined by Zip Codes 3411 7 and 34120 1990 Populotion 4,440 5,154 9,594 152,099 1998 Populotion 8,612 8,277 16,889 198,093 2003 Population 10,395 9,593 19,988 217,127 1990 Households 1,395 1,536 2,931 61,703 1998 Households 2,704 2,426 5,130 79,208 2003 Households 3,278 2,816 6,094 86,771 1990 Median Home Value $90,411 $82,320 $86,366 $121,362 1998 Median Home Value $104,201 $103,590 $103,896 $145,698 2003 Median Home Value $111,649 $114,009 $112,829 $158,362 1990 Median Age 31.4 300 30,7 40,5 1998 Median Age 34.4 33,' 33,8 42.0 2003 Median Age 352 344 34,8 43,5 1989 Per Capito Income $12,843 $9,294 ' $11,069 $21,384 1998 Per Capito Income $15,551 $13,402 $14,477 $27,605 2003 Per Capito Income $17,054 $15,673 $16,364 ,$31,882 1989 Median Family Income $38,411 $27,279 $32,845 $38,592 1998 Medion Family Income $45,390 $36,751 $41,071 $47,490 2003 Median Family Income $48,297 $40,269 $44,283 $51,374 Source: Claritas, Inc. M>ENOA ITEM No. .#-ji?) 2- , , OCT 2 ~ 2000 ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNn PREPARED BY ROBBIN KOCH. BUSINESS RESEARCH MAN GER 04/26/2000 Pg, 5~ (fJ VICINITY MAP l'- '=t R 27 E (fJ E--< l'- "<t E--< . f ~ i ., g ~~lE , lIJoIT . ~ . , LEE CO COLLIER CO Oi:1.Ot:Na.l.Ttl:37An -... G:l:1.!lOo~1"tUT"':IU -" " l:rUlVw~ltm...'ftS ,." .. " Cl:l.1EIwCol,I['i:STAlD; coo,,, " " " lD.!lOIli,A,1tErrA,Tt:5 "" V ~ ~ " ~ Cla..Ib lO4ll" tn."" S """ '4 lJ - (fJ co '<t h 11lEll.~ (U_} (fJ " '" " callOf ""Tl:QT...m _ n " ...... .U, ~:; -- I ~~~~~!~~ I: ... ......p.., .. co '<t h ll'Ool.O'CA......\ """""'" ~ ~ .., " " Q:l.I:lat ~1'(: aro\tn "" .. " CICl!lOc QA1'[ m...TD COO. '" I N.T,S, " " " CiO.lJO,r.ll.t'Pt; lSTAla UNT 1, '" QQ..l:o 1;,f,1t aTATD; -" " tu.!n;.ll.tl!:CST...lt:l; ,",T " " CIl1.lIOl Qo\,Tt tsJ.t,1Q ""''' I . I . ta..DDl4(1!"QT4.1tJ "'" , , t:tJ.l1Di ,"",'IE mA.'lD: WTfQ . Cc:ulOtc..,T'(DTAtn -" , OCuiDllM'l[" ar,l;1D INt '01 , llQ..L'iojlMlI:ma.tts -.. , 1lXtal....1t:Q'ToI.l't3 ,." '" ~ U . 2 II S i 8 ~ 8 i R ~ ~....1'[ bUv_ R 27 E FOR: ,SCRIPnON ~~I:!~ 9!!!~'~.'II_~ RANDALL SHOPPING CENTER PUD "'" LWo"""", ...."'ltrn.o, VICINITY MAP "" '..... """"" """, ~ . .. . ", r .. ~ R .. ~ cow.. COOllTY, ""_ "'" ..l'.'t;ff- ""',';:: ,i'f.l":.....'" ~ """" "-T,S. -"~ DOt,,~ ""1EY)o/2000 COP',,,,,,,, _IN "w.t. "'''''''''". "'" Ill_, lNe '"'- ~_ R"""'" Owe. FUR Of' CARMEN CALI MeANL Y ENGINEERING j # REVISIONS OAT[ Pg. ..55' -.-----.-.-. - .'.'---------- CARMEN CALI 5751 Copper Leaf Lane Naples, Florida 34116 ! July 13, 2000 McAnly Engineering and Design, Inc, 5435 Park Central Court Naples, Florida 34109 To Whom It May Concern: Please be advised that authorization is hereby given to the firm of McAnly Engineering and Design, Inc. to act as agent for Carmen Cali in all actions relating to the pennitting of cornmercialland uses for the following described lands: Tract 107 and Tract 108, Golden Gate Estates, Unit No. 23, according to the Plat thereof, ofrecord in Plat Book 7, Pages 9 and 10, of the Public Records of Collier County, Florida; less and except the North 50 feet for Randall Boulevard Right-Of- Way. 6? ~~c?U? ~~~~FOF7~,~ The foregoing instrument was acknowledged before me thisl}jj; day of L1.L.d.L. . 2000, by Carmen Cali, who is personally known to me, and who did not take an oath~ itrJc. )1..:-rn~~ 'Dt~~ NOTARY PUBLIC: '~~~"~" L!Dd4llcMoDigIo IlrogI... , 1~~\CommbIlonlCX:91636J NOTARY PUBLIC ~~~.gJ ~...~~2004 C "N be ' .,fr,.r.:,,'" A&ack BoadiQc eo.. lac.. OmmlSSlon urn r: Witness my hand and seal ~ this HiJ::. day of --91 ,2000. 1,GEN01, ITEM No.~{?) ~ OCT 2 4 2000 Pg, a . "-'. "-l=,U J - 'Thls sales contracl provided as~urtesy 10 you by Lawyers' Abstracl Service Illl Jvidillg abstracts and tiUe inform i' - 10 Ille C<llller County rea! eslale community for over 44 years, Please call (941)' n4-2627 for all your tiIle Informallon n~~on - lB ' SALES CONTRACT (RESIDENTIAL VACANT LAND) G!J llfAl1Ot" ~;.;;;; SELLER: ~::u- .te::; BUYEA: (!,!JflfftGJ.J~, ~h^" Ass(5~' s 7 5'1 (lJlj)l?aj-'l< f / IoJ , I U1r{,,~, Lfn .. "31f1t1, . ADDRESS: ADDRESS: TELEPHONE: TELEPHONE: UPON ACCEPTANCE OF THE OFFER (OR COUNTEAOFFEI1), SELLER has agreed 10 '01/ and BUYER has ogre.d 10 btJ'f, UPON THE TERMS AND CONDITIONS WHICH FOLLOW, tile r.a' property "gaily described as (Iha 'Property): SeE: -1H-6.&.-d Add.."..Jdvtv'. The addrass oIlh8 Propol1y Is I. PURCI1ASE PRIce: The purchase price (U,S.) .1\aII be pa1abla ..lono.." (.} !Mial daposIlln .scrow alllli. r""" 01 , (b) MiIXriaJ depasitla be recslved Ul ese_oo Q' bolOla _do)'S altaI EffodMl Dale, as derUl8d below. in Ih8 smounI 0/ =:;r- --:--- $ S -$ $ (e) Proceeds 0/ mortgage. hnyrS.e Poragraph ~(bll (d) Purctla" Mcnoy NoIe srd Mot1gage 10 SEu.ER,' any (Sea Paflgrap/14(cl! (e) Olher. (ll The baJarg 0/ I'ie plJTdlase price by ~ cashion; eheck Of llire transl.rloods al clomg, subjElC\ 10 edju51mef\ls and profllions, 0/ epproxJmalary Depos~ c:!l<du Ir. accepled subj.dlO co/lectioo, '2. PERIOD Of OFFER AND EFFECTIVE Oil TE: ThIs oller or any counter;.n.r b revoked II no( ea:ep'ed and norice 01 aec<platOl delivered 10 oHerOl 01 COlIl\llrofferor by AlM'IA on (Inse~ Date). rh~ limo ~mll shd apply 10 on olla" a-.; CC<;l1.roIl&/, unla" olh<rwise slal04, The EUadi"" Dolo 01 /his ConlJ'ad 'haa be Ille laSI date eilhor I/le BUYER 01 SElLER sigos or iniilal, Ihis Ca1Irad, INITIALED CHANGES M1..GT BE DATED, OR M LArESr DATE SET FORTH ON THIS CXlNTAACT SHAll BE THE EFFECTIVE DATE, A facslmlla shan be deemed 10 be an original, orr... aro acceplllllCl: by lilOSiniI. ~ binding, 3, ClOSING DATE AND POSSESSION: Clo,lng shall occur~ta time 01 daY and place ,.reeled by BUYER n the eounly in which 111. Propel1y i> located, bulupon ,m",ahla nolict 10 1M SELI.ER. on~ -7~ q - J...nlJfJ Ilnse~ Dale}, arpriarlo Ih3I data ,.,;Ih lhe wrinen =anl 01 bolh parties (Ih< 'Oosin9 Da1e1; providdd howavar, il no aorenlshalllho BUYER be required 10 dos, lesslhan rwo (2) weeks aflenN> dal' On ..Nch Ihe mongag. CXllM\l1rnen11w been obtained purstw\1 10 Paragraph ( below, BUYER ,hall be Ihe legal own" ollhe Property as 0' 'he closing on rhe Cla;ing Dale, and SELLER sh.n give posse,sion of Ih, Prapal1y althe closing oolhe Closin!l Date Ul'lieis olhel'ltise provided herein. ' 4, ~IETHOO OF PAYMENT.ffiIANClNG: (a) 0 BUYER \\ill pay cash. v.llh fp mo~gage collV11itmenl conllngel1C'f; (b))i(MORTGAGE COMMITMENT CONTINGENCY ClAUSE: BUYER', obfigalions Ire conlingent upon BUYER obtaining a mortgige commjlm'nl ~e MOI1gage Commilmonl1 on the Prope~y In iIle amolll11 01 $~ or % 01 tlla purcl\m price (fill In ooe alternalive)al a (I) 0 fixld or (2) 0 lnillall]leresl <ale nollo exceed % per year , 101 an amortized larm 01 noIlass iIlao 1ears llilh I bollooonol600ner!han yealS, IF (I) OR (2)1S NOT SELECTED, (1) SHAlL APPLY. BUYER, shan, al BUYER'. expense, malts appr<:allon lor financing ,.,;lhl~ ' days aflar ill. Eneelive Dal. (r1V. (5) day' ~ len b1anl:) and t good failh allon 10 oblain !he "'OI1gaga CommilmenJ and 10 satisfy aIllanns al'd c:oo<iliOl\6 oIlhe Mortgaga Commflmef\l, BUYER shan noUIy SELLER in wriln.l p~y ~ receipl oIi1le Mangage Comrrilmanl. U BUYER lail, to oblaln \he Mang.g. CommIImenl d,spil. I good tanh effort. 0/ lalIs fO II-alve \he ".OI1glge Commi/lrenl Coriirogency In wriarg. on 01 belOf. \;I..-:2-'ll' -,;1.{)oD (Insert Data) (the 'MOI1golge eoor'f19Oncy Deadline', Wtvchs/1a' be ,Ix (6) ...."" Ira'll 1he E/!ediv. Data unles.lllWerenl penod k ;n,.nad in lha p~og b'ard<l.lI\less lhe paroes muluaby agree i~ wrtUng \0 erland ill. Mong'g' Conlingancy Oei.dlina, ei<her BlJYER or SEllER m.y,. by wrin,n ' nolle. 10 lhe alherpal1Y.laminala lhis Conlract, and ill, d,posit(.) "'all be relumed 10 BUYER. SELLER'I r1g/llloteminal.lhls ConIllld sIIaII ceose 10.0:0'1 ~SEllER recoil'.. ","\I,n nolice thel BUYER ha, r"",ivoe! fhe MOI1gaga ComlTilme~1 (reg3tdless 01 wIlan Ihe "'oogago Commitmenl wo, oblained) prior 10 _rase of SELLER, righlla t'rmin'la lhIs Con/racl; (c) 0 PURCHASE MONEY NOTE AND MORTGAGE TO SELLER she' have Iholol1aMng economic and paym"" terms: The arioin.ll prioclpOJJ amounl ,hall be $ . will) a" .nnuar In($re:ll rale of %. !Irnorti:ed o'le' yesrs. The indebledness eY1def\C.Bd by lh. Porm.s. Monay NOla shall bal100n years .~er U'e Closlog Dal. , Tn, penodic payment' ,hall: 0 Iodude pnncipaJ Md int...,1 (,.ch paymanllhe "mel 'OR 0 be inlere" ooly and t>!l payable: 0 annually 0 s.m:an<>JaJly 0 qUallariyor 0 moolhly, OillSl Ianni and coootion, ollhe Purtlras. Morey Nol' and Mangage 10 SELLER are eaniainaj 10 Slandard A, IF ~(a). 4(b) or 4(c} A80VE IS NOT SELECTED, 41a) SHALL APPLY, , AGENOAI~ While Copy.Brok"i Ya\low Capy.SoIlerl9uyec C 1m ,",pies AI.. Boord 01 REAL TORSIi Ina A.,odai!an 0( Real Earoto frar.,,1o rs, i1~ ~ f6~ 'i>!>tOYO<! by p,. .."" ~I"'" Ataa A<&ocJt,lan al nEALrQRS~, Jnc ond!hl Coll1or Co<r1ly'8.>r Apoe!lPon. ,100 "'!ill'" PAGE 1 of. 5 OCT 2 4 2000 Pg, ..5'1 $ ~j-.~ I ./ J' I~f SALES C,-,,~TRACT (RESIDENTIAL VA"'~NT LAND} 5, TITlE: CVJDtNCE Wtl~in lillliy (301 day\ a~" I~e Elfaclive Dale 01 INs Uintracl, or II/only (20) days p;or 10 Ihe ClOSing Dale. wf\ic/lever IS .earlier (1) 0 SEllER .hl.l, del""'lo BUYER as lilla eVldente, ,con'plele abslra't of lilla from a company \ali~laclory 10 BUYER, cemli,d 10 ell"Slt~e ERectiv..oale 01 INs Coni" SEL"ER lai!s to lim.ly doliyer Ihe 'bsU."I, BUYER may eXleno the ClQslng Dale by Iho lam' number 01 dIY' I/lal deliver; oJ the abslfact [. del aye<!; or (21 0 8U~ L.. s~all Obtai" tille evidence. and SElLER sIIall pay, al dosing, S 1 00 . 00 1'1 no ,mount Is Insensd,lhe ,urn shall be $100,(0) in lieu d tiUe eviOence Irorn SELLER, a1d "al lu:ther prowle BUYER WI1h. complete copy 01 SELlER'~ existing oo\O\ers IllIe insurance policy, IF (1) OR [2! ABOVE IS NOT SElfCTED, (I) SWILL APPLY 6, DuE DI"IGENCE: {CHECK (1) OR (2),111) 0 WAIVER OF DUE DiLiGENCE: BUYER has vlsu,lI, Inspeclaa Ih. PlOp.rty aod daWmined Ihat.a.me i' suilab'. lor BUYER, IIllended use, in ils "',"enl "as is" cor.clition .. ollha EllaClrv. Dare oIlhi. Conlract BUYER's Oliil,.lIon 10 puren", Ih. Propof1y ~ ..." "",Iinge" ~0I1 MY insp,clions. leslS or Slud,es: or (21 DUE DILIGENCE lia' BUYER elecrs 10 conduclln,pactions (d,th,d and detailed in Slandard O(bl! ollnil Coi1lract, to delermino wI1etner I"~ Proper\y is 'ClUbl., In BUYER's '010 discrBhon, lor B~YERs inl6fld,d Ul'. [IF 1) OR 12) IS NOJ,SEL C;EO (1) SHA"L APPLY. 7, (e) OTHER TERMS MID CONDITIONS '. u e. U:.loJ {O) ADDENDUM: II addilionallarms are incorporated into tI1is COOlr.cl by sop".ta Addendum. an,," lame and Indicols ""Ie 0 REAL ESTATE TRANSACTION STANDARDS. SELLER AlID BUYER ACK/lO\\'LEOGe THATrHEY HAVE EACH REC€lvtD AND REVIEWED REAl, ESTATE TRANS A I TANOAROS A ~~aHT ON PAGES 3, 4, AND S OF nlls CONTRACT, WHICH ARE INCORPORATED IN LlADHN lNTtGRAL PART OF TN C CT, AND U~TBE REVISED OR UODIFIED EXCEPT IN PARA PH 7 OF THIS CO , ~ (Sen,!, Signature IBuy,rs PrlnledNTte) , > lib rm (0.t6) I I (Tax 1.0. Numbe1) (Buy,(, Signalurel ISeli,r, Pllflle~Narne) "3 Pb /b1J jDalBj ., IBu,,(s Pnnled Name) (T.. 1.0, Numbe" (pale) (haD, N<Mnber) IOENTIFICATION OF REA" ESTATE 8ROKERS Sening flfoW DEPOSIT RECEIPT Receipl ollh, i"ill,1 deposit is aCI~o''''edged by 0 csoh 0 ...re Of 0 chec. on 10 be heJO In escrow in aceordal1t! wllh Ihe IBI1'llS and COndilion~ satlorth in INs ecnlracl. LiSling Broler: {lnse.1 Oala/, By: (ln~etl Name 01 Escrow Agtlfll) (liS Duly Aull\onze<l Agent) White Capy.SrOkofj Yellow Copy-Sellt:ffeuver 0 \m Naples Arc.a e~ard 01 RE.J.lfOASo'4l Il"ld Auoe:allol1 af Reel e~1Il1cr Pref NlPIo'-red Oy \he MllCO 1,S1ilJ)iJ ,Aroll ~o-:Ieliol'l or RE:ALTORSl&, Il'\c.. Me) lna Colllar Couflly fllIf A..s:i<<\!\IOl\.ltOD 111$(\",) IJ- OCT 2 4 2000 Pg, 6'i' ("I:; 1 ~ ';:'l]iJC 1 ~:1: :;7 j I J;:'IEFC:1 I~'ci n r-t TLE .... 5'38;,::.\':'.31 r IU. -l30 [;1::;. (" , _ i,~lH , I RfAL101/' @ == .......- SAI.ES CONTRACT (RESIDENTIAL VACANT LAND) REAL ESTATE TRANSACTION STANDARDS STANDARD A. PURCHASE UoNEY NOTE AND MORTGAGE TO SELLER. The Purchase Money NOle rel9rred 10 in Paragrap~ ~'cl oll~i, Contract ",11 provide 101 alai. charge equivalanllo Irye percool (5%) oIll1e d,llnqu9nl penOO1c paymenl91TlClJnl if payrn9nl is not made ,.;Ihin 19n (10) days 01 1I1e due dale, The Purd1ase Money NoI, and Mortgag,..r OIh.,..,se conlaln teM' and lXl~d;licns !halere C\JsIOll1ary 1!1 purcl1asa mOl1.y nofes aO<1 mortgeg" encumbering real prllPErty" the county wher. Ih. P,oP<l~y is 1oc.119d, and WIll ol/1eMise b91n 10M and comanl reasonablY acceptabl. 10 SELLER. The BUYER ,h311 De per$llf1Olly liahIe Ctll/1e Purcllase Money Nole, BUYER shafl have Ihe righ1 10 propay all or any pM 01 Ihe pnnc'pal al any lime wll~ lolerestlo Ih9 dale 01 p.ymonl wilholll ponally, oX<>1pl no prepaymenr " SEllER's fiseal yea! 01 dosing ~ permlned Vo1lhoul SELLER's wnnen consent The Purtha.. Money Mo~gag' shall conlain a du,-on"ale clause ar.:I shall be a Grs1 mortg~e unless olhei'Mse noted, ST ANQAAD a . TITLE EVIDENCE, Tho lillo ovidonee identified in Pllegraph 5 ollnl. Contracl win show good and mar"'lable titl. and legal .'""ss, subjeel only 10 ~Ie loll owing title a<<:.plion,; (a) ad valorom real prop,rty la'" 101 the yeal 01 closing end .ubseqo,nl y,a's; Ibl zonlog, bunding Olde and Olher use re,lncuons imposed by gOV1lmmonlal alJ\hori~ (c) OO1'IaJ\d'ng oil, ga' end min.rol tnlareslS 01 record, II any; and (d) "'lileliOl1s, re"tvations and easemenls COO1mon 10 Ihe subdivision, provided, hOWllvar lI1al no a"" 01 lIi.m ,hall prevent U50 ollM Plope~y for res~.nllal purposes, STANOA~D C . INSTRUCTIONS FOR TITLE; ASSIGNMENT. AII,asl Moen (16) days prior 10 lho Clo,ing Dale, BI.IYER shaff delfter 10 SELLER Ihe nam.{;). addressl"), maMerln whJen lille .;II bolla'en, end any asslgmnanl(s) Lheraby required, No asslgnmool shail r.I.... 6UYER!rom Ihe obI:gaJion. oll/1is Coolre.cl unless SELlER consenl. in wril;ng STANDARD D. CONDITION OF PROPERTY DISCLOSURE; WARRANTYi INSPECTION AND REPAIRS AND REPLACEMENTS; RISK OF lOSS, (a) DISCLOSURE: The'a i19 nn Jaclsor condllions known 10 SELLER rnlteriallY a1laetinglha value 01 the Pproperly whid1 ara nOI n;adily Observable 10 - BUYER or whicl\ hal'U nol bee~ disclosed 10 BUYER In writing prior 10 Ihe E1iecllve Oala 01 this Conlrac1 or In Paragraph 7 0' lhis Contract (b) DILIGENCE PERIOD: 11(2) was aeJecled 10 Paragraph 6 ol/hls ConlraCl, BUYER shall have a period ollhi~y (30) days flW1lhe Elleclive Dare Ollllis Conllacl(the'lllle O1ligWll Pano<f) 10 delermlne v.I1elher lhe Prcpetly is suilable, i118UYER's SOle ~saetion, lor BUYER's inlefliEld use, t>.ning lire Ooa Diligence Period, BUYER may .valuale, v.itho~1 fimiralion, Ihe building and zoning laws and ,eslncllons, eovlrcnrnenlal condlUOI1s and reotrio!Joos, presence 01 radon. so" and grade. p"""nca 0/ relT11il.. and olh., lYOOd-<lestroylog organisms, availability 01 walar, sawar end olMr ~Wlliee, COOS;51ency ",Ih I""al, st,lo arrd "gion~ ~r~ maJ\agernonl pl",s, av.il.bility 01 pennits, gov.mm.nl approvals and lreensa, applicabl. 10 Iha Property, and 10 conducl. aIBUYER's expo"'e. a!rI and aD lasls, 'epo~s. studies, Inspoelions, analysas, survoys and asseSSments Ihal BUYER doom, neC9ss.ry OI1d eppropriate 10 delarmlne the suilabiflly oil"" P'operry lot BUYER's Inl.nded use (collectively Iho 'nspecli,nsj. BUYER end BUYER's agenls, employees and W1lraclors shall ha....lhi righllo .nlar Ihe Property al aD reaoc'l~l, time, al'd al their own risk during l/1e Due DHIgonco Pariod lor tho purpose 01 conducting Ihe' Inspections, BUYER ",II indemnify ana hOIa SEUER hamlless IIlI/Tl and againsl aD losses, damages, com, dalms and expenses 01 ooy nalu19, inclulfing allor"'ys'1'"" and from arrd eg.lnslllabilily 10 any person arising (rom. out 01 or in CCI1f1CC!iM llil11 rhe InSpections. BUYER,,;II nol <AU," any eon,rNeilon I'en(s) 10 be placed againstlhe Property as a resutt 01 ~a Inspacll""" 11 BUYER del,rmines lor any realon Ihallhe Property is nol suitabla lor BUYER's ;nlendad uS<!, and notilres SELLER Of sa",. In wrlllng prior 10 expiration olin. Ooe oi~g.nce Period, INs Con~acl shall be lormlnaled ai\4lh, d.posil's) shali be imm.diately ,.Iumed 10 BUYER. In lhal evenl. BUYER eh~11 repair eny and all damag' 10 Ihe P'operly res~lting from or caused by the ''''peetions, .nd shall olherwise relum Iha Property 10 ill condiliM prior 10 I~e Inspecllon,. BUYER's 'allure 10 '0 nol;fy SELLER of BUYER's eJ,dloo 10 lelT11inalalhis Contracl",n consl,lule BUYER's accaplance of lhe Proporty as suitable lor BUYER's inlanded use, in il~ 'a$ is' conditiOl1, (c) RISK OF LOSS: SEllER Sh811 mainlain III, P~rty in Iha condi!ion" al<i,lad on Ihl Effocliva Dale untllrhe Closing oala, including bul nollimllcd 10 lha la"",,, shrubbery, and landscaping, axcept lor Oldina')' wear and I,ar, and Iholl not eaus, or pi>.rn" deleriorlUon 011/1. Property or ol/1etwise lakt aJ\Y action 10 dimillish Ihevalue ollhe Properly, My luIure loss er4'or damage 10 lhe Proparty belw1lenllle Elleclivo Oal. ol!hl, Co~lraCl and 1M Oosirog Oala crdale 01 pO$Session.lli1ichever i, eanier. shan be al SElLER', sole risk end expens., STANDARD E. SElLER'S /NSTRUIIENTS A.NO eXPENSES, SEUER shan pay for a~d provide, when applicabla, Including.ny slale sales lax du' Ih""oo: (allh. tilla avld,n"" .r eiod,1 in ,,"u Iha,.ol .pocilted In Paragraph 5 h,lelni (b) praparation olstalulory warranly da.d (or .peclal warranty d.e<l i' SELLEll is a f1tluciary), homoo""ar .soccialion ..Ioppellellar('), lanenl e'foppellaner('I, copras Ind .sslgnmenf(sl of re.so(,}, and an arfoda,il "'gording tiM', pOSSe"lon, and wilt\holding undo, FIRPT A. in alorm sulf,aontlo .1I0w 'gap' coverage by titl, In,urance; (el mortgaga payo~ I,"er lrom exl'ting l,nder('I, (d) documentary ,lamps on deed; (eJ ,eal -- aslalo bro'e(' colTlptnsalion (Io be di,bursed by cloSing agent .. closing); (Q lhe lull.mounl of spedall""" end ass."men", induding homeaoner spedalesse"menl' ~nd COO~,\STU Sl-'tcialtilJ<es and non,ad valorem capiral asseslmenl" v.11ich lre a Iren or . sp.dal ass..sm,nllhal Is ce~a;n as 10 the identity 01 !he lienor or ass."or, lhe ploperty Sut>!'cllo the ian otspeoal assessmenl, and Iha amounf 01 the lien 01 special B$5assmanl, on or befole tha Effective Oa.I' 41 - . a~omey fees, No.",{:Jt/9J.2:.- Wh1\e Copy.Broker; Yellow Copy-$eJlerlBuy.r e 1m N,pl.. ArtA Board 01 ~EAL TO~S~ end ~"o''''lIon .r R",I E.t.llll Pr,f tonaJ,,1nc. All AighU R_. "WOve, by ~e MarcO Is~nd At.. A.ssOClOlion.1 AEALTOR5~.lnc, IOlId '00 CoJI;or Co,nrl Bar Msoclallon, "oo,n.'1tI) ~3 t ~ 2000 Pg, l",tf ~"_'-.-:lII."",,",,--,.o rB I1tAlTOI!' @II *- - ==-= ',-" SALES CONTRACT (RESIDENTIAL VA'CANT LAND) "\ ~. STANDARD F. BUYeR'S fNSTRUME/{l'S AND EXPENSES, BUYER s~,all pay lor and p'o~d€, wI1en applicable, induding rmy stale ~es laxd~e IherlKil1: (al r, ,'" la.lor deed; (bl Prt~"'1ion oi, anti documenl.,y 'lamps. inlangible lax a"o recording lee, on, II", Pu"h." MO'ley Nole and Mong'g.lo SELLER, and all ""I' 01 an~ in'tilul'onal loan secured by BUYER, (c) mo~g'go Iran, I" fee, Including recording e'pens.s; Id) Iille Insurance, re) ..""'Oing membe,.hip appro....l; (f) ebslrao1 Ncenilicalion 01' lilJe con.llnuatlon through d~le 01 deed recording: (9) survey; (h) CQ!'I(jcminlvrMtorneowner ail&ocialion membership tratls:fa, fee; ~ ~wnei associalio:l roqvlre<! resale Ira.1Sler lealcepiW "",'rillullon, V) pending fienG or ,ped~ maGSmenls O'e" or speciel .ssessmenl' o~"r lhan II>oso dElSCIlbed m Slardard Em, In \11, .venlll il delermlned IMre are p""dinQ liens or 'peclal asse"",.olS willel, do '101 rail uOder Slandard E(I), nOI disclosed in wriling 10 BI.IYE!l by SELLER pnor to 0' COllCUTTent ...Ih i>e exeClJlion of Inis ConIrad, ..!lich pending "ans 01 ,peelal assessmenls exce9<l a sum equivalenllo 1 % oIlh1l pvn:hase pnCll 01 iJle Property BUYER. al ~s opVon ,han have \I1e rtQhllo t,rminalelNs Conlracl by providing SELLER wrirten notic! 01 such lenninalion, ""less SEu.ER ag"''' in Ylriting 10 P'l' sut!1 pe,.,;ng "ens", special assessments in axcess 011% of Ihe purcl1ase pnea. SELLER aglees 10 pay inlO a;crow a reasonable sum 10 insure Ihallhe....,ss wfn be paid al closing, and ('<)8UVER's artomeV5 fees, In lhe evanllh!s Conlract is lermlnated lor ,or roason prior 101M Closing Dale, BUYER shall immt<1ialely rolum 10 SELLER ,",veys. I,ll, evidence, and associalion and olher documents wI1ich were provided 10 8UYER by SELLER, STANDARD G. PF\DRAiIO/lS. n..., i1,ms will be proraled !S ollhe Closir.g Dal., wilh lri' BUYER cI1argod wilh alld en!lllad 10 \I1e Closing Dal', 0' Ihe POssessiOl: d.I.. "~cho,..r" ..riier. (a) ad valorem real and personal property laxes based on Ihe CU~inl yaar (il.vallabl.), olh'rwise on II1e prior yoafS bill (~I dis<xw1) and re,diuslod upon"'ce~1 01 tal< bill II requ9Sled by .IIM' pa~y; (b) inlmsl on any assumad Indebledn"s; (c) ronl' and d.pes'ls (and ac:::ruBd inleresllh.reon); anC (d) homeo_r associalion maintenance and ulllilies assessm.nls and CDD~,\STU oparallng end m.inlenance assessmenls, ST ANDAF\O N . HOMEOWNERS ASSOCIATION OISCLOSURE, In Ih. Bvent lhallh, Prop.rty Is loe'lod In a homeovmer associalion o::mrn<D1ity, Florioa law requITes Ih.1 before th, BI.IYE!l signs Ihis ConlraCl.lo. SEI-LER ,h~1 provld.IO Ihi BUYER IhG Homeown,r Associalior. Disclosur. SUIT\m.ry, and If1aIItla summary shall be .!1.>cI1ed 10 (hi, CooI..d "an Addendum and il'lcorpora1ed har~n, THE BUYER SHOULD NOT EXECUTE THIS CONTRACT uNT1\. niE BUYER ~S RECEIVED AND READ THE SUMMARY, ST ANOARO I.HDMEOWNER ASSOC1AnDN PROVISIONS. BUvER has COT'Oiclered lhe e,lstenc. ot I'iO\ oIll/1Y condomi~ assoeiaon reseMl.<XXl'J!lIlsl and delerminell iVlhern 10 be ;alisfeclory. Ally I...rve aceour.l(s) lsIar.lncludeo in lhe purcl1asa poce, If associalion msmben;lUp approval i, requUVd, BU'fER ,hall, within len (ID) da~ of \11, EffBctive Dal. ollhis Coolrac1, make appllCo\lion lor same In \I1G namil(s) In wl1ldl titie will be Iw.n, and ,!,aft torT1''r wi\l1 aI 9OVetl1V19 "quiromen(1 ollhe associ at"" ard D' re!poru;;ble lor sewing memb,rship approv.'. II 00 appro"l nas been oblalned prior 10 Iho Closing Oa'e, ,lIher Ihe BUYER Of SE,Lf canc,llhis Contrad, and the deposil(s) shell be returned 10 BUYER. SELLER Shall oblaln lene1illrorn 1M associalion{,) whidl selS lorlh \tle amounts, period' .nd poymen\ sl,lus 01 asses,mams and Iransler fees and resale capil.1 contllbulions, and deliv,r illo Ih, BUYER ,lleaSl nilsen (15) days pnOllo the Closing Dale STANDARD J . PROCEEDS OF SALE AND DISBURSEMENT PROCEDURE, II a po~lon 01 the purChase price Is 10 be derived Irom inslilullonal fin.a.ncinQ, lI\e req"".m,nts of Ihete,.,;ng inslliulion as 10 plae,.llm. 01 day, procadures 10' clo,in~, and lor disburse,!"nl oi mong.ge p"""'ods shall conlrol, However,lhe SELLER shall have !he nghlto r"'luir. Irom the lending inslllul;on.1 closing,. comrrulmenllhallhe I,nd.rwlll nol Mlhhold disburse"",nl of mortgage proceeds as. restAI 01 any lille delsct allnbutable 10 BUYER-mor1gagor. Unless instilulional pro.:edu,"s set lorlh above CDnlrol.lhe SELLER shall be enliUod 10 taCllive U,a nel procoi.ls 01 salo upon I"der 01 SELLER's inslfumenls on Ih. Cloejng 0.1. ST "-HOARD K. nnE EXAMINATION AND DEFECTS; LEGAL ACCESS, BUYER shall have fiit,.n (\51 day' from receipl olllle tiU, e'lid<!rce id~tified in Pa"gra~t, 6 olin;, Coolrad (Ihe 'Ex.minallon P.riodj lor elatT'JMIi6n 01 said liile .vldonco and del.nnin.VOll otleg.l.ccess BUYER's obogeli"" 10 purdlase is condilloned on lhe P",pe-1y having iegal access 10 and from a publiC righl 01 waySlIfliCian!for resldenlial u,e. If litle is found d.l,dive Of legal a<r.8SS is 10ll1d 10 be taoo"ij, BUYER shall ,oll1in I". Ex.""n.llen Peliod, nollly SELLER in wriling 'pccll~ng Ihe IIU. delecl(s) or lack 01 legal aceos., a'ld lumiGh ClJll'es oJ the lille evidence and inslI\JmenlS contained Iherot, dOcumenting sucl1 tills deleel(s) or lack olleg~1 access, II \I1e lille deficl(.) ren~"(l) lill' unmar1<.!.:Ible. '" il SEllER camol elarlVl!r possession, or" Iner, is no feg.1 access.lha SElLER shall have Ihirty (30) day' lrom recalpl 01 nOllce Irom BUYER (Ihe -ae..anCll PanoQ) 10 dear ot ramove suc1l ~Ue elaled(s), oeliver possossiCl1, or providalegal atlOelS, et SELLER', e'pan,e, SELLER v.;1I. ~ SELLER cannol d,r..." possession, Or SELLER has no access, Of ,Ue ~ 10U'ld 10 be dGI'dive, use diligent ellon to cooeCllhe mi. delecl!,}. deliver possession or provide legalace.ss wt\l1ln Uw C10arance Pericrd, Including II1e bringing of n....sary 'Uils. SELLER shall no! ba [lable \0 8UYER 101 dam~ges II SELLER cafV\Ol rander Utie mart<el.ble, deliver posses~on or provid' 10g.1 access. If SELLER does nol dear or remove lIle lill. delecl(,), de[lVllI possession or prO\'ldo legal accass \lilhln \110 C1.er.nc, P.rlod. BUYER may alecllo aceepl sucl1 bll" pos$..,iOl1, or access as SELLER Cdn provlCo, MlhOU1 'eduction ollhe pUlchase price, or 10 terminal. this Conlrac1 by giving wrillen nollce 01 Such termlnallon 10 SELLER, anti upon ,uch lermin'lion, I/le deposa{,) ,hall be promplly relumad to BUYEA, ano BUVER ond SELLER ,hall b, ",..s.d, as 10 ona anolner, 01 all obligalion. under this Coolracl. STANDARD L. SURVEY; COASTA~ CONSTRUCTION CDNTRDI-I.lNE, BUYER ""y. al BUYER', "p,nse, have Iho Frop.-1y SUfi/eyed oof I~I'I than tw,illy (2C: da~s prior 10 Ihe Closing D.la, 1I1h<, survoy, a, eMlned by a rsgislaraO Flono. surveyor, correclly ,hO",: (e) .n enaoacl1m.nl onlo Ihe Proper1y; or (b) Il>al an Improvernant local.d on !he Properly prOjocls 0,'\10 lands 01 others, or Ie) lack 01 legal access BUYER shan, within live (5) daY" of _Ipl 01 \I1e survey, notily~'" SELLER in wnling ollha enc'oacnm,nl, prolechon or lec; oll'gol 'ceess, and SELI-ER shall n.al iVlh,m esa Mle del,ells), Al3ENOA ITEM WIllie Copy.Bloker; Yellow Copy.Sell.rlBuyer , IllS Nopl" A'.. Po,,~.' REAL TORS0 ond An.dillon 01 nool E'"'' Pro! 'l.n8l~~ ti2e:,O<l "Wr."d by !nO Marco ~I~\O At.. ....OCI'I..' 01 ReALTORS~, lno, ''1<1 I"" Co"~rCounlIBar A.ssocl.i1al.llOOlnsnnt) ~ 42' ~ 2000 Pg, 106 .-. -,--. ,:,:'_~U'J 11:1:-':::";, Itl['EFEr;~=E;;T r j -:""c ~ ::'":.=:U:.=:l 1(:1. -l'::<I:;;,~]. m ~ Gl SALES CONTRACT (RESIDENTIAL VACANT LAND) ~ STANDARD L4 . FUNDS ESCROW The ur,d"Slgned esorow ,genl(rM 'esorowee') "'II ",,:epl In escrow lOe deposit(s) p.ld unOer lrus Coo,raa an:! mid nl "Pp'r rt.. dtlposlt(s) in escrow \.lnlillhe ear1iel oJ: (it) delivery lor closing 10 another escrowee, wl)o by ac.cepla1cs agrees to these terms and becomes the e!CI'OWec (the escrowee Mld,ng rho depo,il(s) is .vlh<lriled 10 SJ) lraosle, Ihe lunasl. ana Ih. delivering ''''01'190 I, ..llevo<l 01 ai' II,b,tlly'or th. lunds dal,v.red; (b) deuvery 01 Ihe deed. "'th P'\'ll\ant 01 \11, dEposit(!) as pa~ 01 U1<3 pwchase pne. ollhe Propenyl (el such 1101. as Ihe 8UYER may be enlllled 10 raturn 01 the d.paslt{s), 0' (<1) d,livery pursU1ll11 10 .....Til\et1 direction o\:he parties. en ,mich time the escrowee St'a]1 DiY all ollhe depO~it(SI to \he party 611tillod t....e,fDto, Tho eSQ'owee shan.ad with respe.cIIO lt1e deposit's) ~i i Slak~holder onJy ar'ld Wllhoul compensation. Trte escrowee &hall nt>\ bo lIaolr; lor ll)e pBYI"ent of any inlelssl, damageS. anonwy fees or CXXJrt costs in anyaclion Ih.1 may b, brougN 10 r,covs, Ihe d,pOsll(sl held in escrow, or any pan Ih,'eol, unlesslhe escrowee shari 1.11 or reluse 10 pay O'(e' any such dePD,;ll(s) purS","lto a Judgmenl, ordil or decree Ihal shall be fin,1 beyco,d posslbilily 01 appeal. In any proc.ecllng whioh liogal" Ih' di.position ollhe deposit(s) tile escrowe, shall be 'nblled 10 be p~d ".sonoDle aUom.y lees and cou~ eosls which sha~ be paid by lhe non'prev,lhng p.~y. The ,scrOwee "as no duty 10 cOllec\ or allempl 10 coiled '"y deposil 01 check 9'ver a; a dep"ir, but ahaff giv. Ihe pani,s wnrren nollce of: (t) .ny1'poallln,11S nol r.eel.,.d wlmin ftv, (5) davs rlIler US due dill., and (2) any c/leck lor an 'Mral d'pos~ .11.eh is r.ol paid on presentallon wllhrn II"" (5) days ollo.ming 01,15 clishonol, Upon rec"pl 01 upa"le wti",n diracl,ons Irom 111, BUyER, \1;, deposiils) ah.1I be plaOld inlO ,n inleresl beanng aceounl. and ,II inle"SI aWlJ'ng Ihereon sl'allile pilid 10 ,r,e BUYER in any evanl. II II" escrowee is a r'tensed ,eal ..tare brc<.er. !llt; eSCIOVo'!d shall COli,~y \liilh Iho req",iromenls 01 ChaplSr 475 F.S, An escrowee chargll'\g an escrow lei: s~,aJl be liable lor ortfrnBl)' negfi9'lflCi, An eSClowee nol cl'\3.cging an e,crow fee shaD be f:abfe OI1ly for wmtuf mlscOnduc( or Qross negligence. STA~DARD ~. IONIIIG SELLER reprasenlS and wan.ois In.ISELLER nas nOI comrn,oe6d anr proc.e<llngs 10 change Ih. pt'S"'" 20ning d'<<ir.cation or lhe Property, nor Will SELLER initiate any such proceedings, SELLER lurthlir rep/lisenls and warrants lhat SELLER hilS recei...od no notice ollhe eommenCflmenl by third parties of any pr"""eding> whleh woold aneelln. pr6Sanlzcnlng cla"Wealion ollhe Propeny. Should SEtLER r.calve any suCh notiC!!, SELLER v.ifl promptly commlll1ioal.'he same 10 BUYER in wnlrng. I\I1d illha proposed zoning wovld prevenl re,ldeo!iPI us. ollhe Property, Ihe BUYER may elecllo cancellhis Coolracl and have !he deposit(s) "Iurned 10 BUYER STANDARD 0 . FOREIGN INVESTMIHH IN REAL PROPERTY TAl: ACT (FIRPT A). A SELLER wo 's a U.S. cirizen or residentaoM Md wf\G fumishes BUYER wilh an all,davil allesltl1Qto same, Is "ernpllrom FIRPT A l'oiihholdinQ. II SELLER Is e lor,i9n person 01 enlity, BUYER shall coll,c\ from Ihe SEllER, OJ deducl and wilhl\ald I'om Iha purCh... pooe, olOJi in an amCUllI equlvei,nllo 10~, oliO. purchase pnco ollhe Plope~y, unl"s: (elIM SELLER del"wers 10 BUYER e wilhl10tding CllrtifiCllle issu.d by Ihelnl.mal R9Vsoue S'l\Iica entilling SelLER 10 an exemption I,om lliil1hoklno c< a ,eduCl!d wilhholding obligallOl1, IItId indemrrllin BUYER for nol collecting . or wilhholding Ih. Ii.( or lor wilhtlol<frng only such ro<luClld a,mounl as is sel lorth In Ihe \\ithholding co~ilical.; 01 (bit},e purcflass price ollne, ~erty Is nol mole IhlIn S3OO.000.00 and BUYER execules an affidavit esteblishing BUYER's acquisition aI !he Properly is lor uso as , resideoee In accordance w;th \tv; regu!.fiCIIs a/lilt Inlall13l Rev."ve Cod" and olh.",so _plies wilh all applreaOla "glJlaticns aJ1d requirornenlS promulgaled OJ Ill'jlosad by Ihe Inl.mol Revanu, Solllice ",Ialed 10 !hal exemp/ion, SEllER 'han 00' b. reQvired 10 pay to BUYER or allow wilhmldir19 by BUYER unlil BUYER setisfies SELLER \he I.. will be prope~y iIl'1C limely r.m'ne<l, Unless relieved It"'" IhE obllgallon 10 do eo vpon \he circumslances s., lonh ebove, wilnln ren (10j d'ys Ollhe Closing Oal" BUYER will fil. wilhondrema II>lIIlX 10 Ih.lnlemal Revenue Servic.lor Ihe b,nel,1 Ollh, SELLER, ana will provlae .vla,,,. 01 "m,nancelo Ihe SELLER 11'. eoilectlM 01 "'Ihholding 01 the lax by BUYER, 01 \11. eSlablishmenl 01 an ,,,mption by SELLER 01 BUYER as sello~h herein, is a """dilion p"cedenr to closing lor Ihe sole bone'" 01 BUYER, SEllER's lailUle or ",Iusal 10 comply or a"o," compliance v.iih Ihe requiremenls 01 Secl'on 1445 IRC (and "gutalions)Is en evenl 01 deloullend brooch 01 Ihis Conlract by (he SEUER. STANDARD p. TIME OF PERFORM.l.NCE AND REMEDIES T""" is ellh. aesencelo, closing lille, II BUYER does net perlonn BUYER's obligations ""aundel(.xeepl as excused by Ih, SELLER's da"""I) an deposils made shall b. p.id 10 loe SELLER es r.quldaled damages. 'oIillC/1 shWI be SELLER's exclusive reroedy.1I SellER does nCI perlorm SELLERs ubllgalions herel1Jll!er (e,,,pl ilS e"used by Ihe 8UYER', del.ull), BUYER may enlorce Ihis Conlrac1 by e .vil lor Spet!fJc pe~orma~e. d3m.g65 or m.y elecllo renninar~ lhis Conlraot aM shall be entitled 10 r.lvm ollhe d'posit(s), STANDARD O. LITIGATION ATTORNEYS' FEES AND COSTS. In connecllon \\ilh any 1IIIgallon con<:e",ing Ihie Conlr.d.tha prevailing pally shall be .nfilled 10 recover ,ea;onable anom.ys' lees IlJ1d court cosio Irom Ih, ncn'llre,;illng party. ST.l.NOARD R. f.AJSCaUNEOUS, The p.nles havo .gr,.d 10 deel In good faith Ind to diligenlly work loword a Ilm,ly dosing, The singular lens! shall include lhe plural lense, This (;(,nlnll:1 m.y only be mOOl""; in writing by the pa~i.., Unless O\l1'M;S. specil,.d 10 lhe conlra')!, all ,efel.ncas in \lis (;(,nlrad 10 a l1IJIl1ber of ",ys shall m,an caJendor daVS, A3 MII"'S (eQuired 10 b. given underlhls ConlraCI shall be In WTillng, unl,ss o!herv.ise spoofJ,d, As used herein, lhe I!rms 'leal est!ll' broker or "'..er sh.11 ir.:lude 01 realeSlale brokers. blN:orag. earporlltions or business enlilies, and therr lespeelive salesporsOIIS involved in this IT2llliacUcn ST AHOARD S . REPRESENTA nONS AND WARRANTIES, Any and all repres.nlallor.$ and ~~rranlles mUSI be wri~en inlo lllis Coolract; O1I1erwise. there are non., BUYER's decisioolQ buy was bllSed upOll BUYER's OWlllnvesligallOll 01 ll1e PrOperly, BUYER holds !he brcl<el(s) harmless 'rern an liabllil)' 01 loss caused by SELl.ER's lailure Ia a.sclose malcrlai facls In aC<Oldaf1Cll wilh Ihls Conlract. repre'llJ1latlons r.gard,ngthe PrapMy's condition, or brcke(s rererrat, lloalr1lIllendaUOI1. or retention 01 any vendel. The panies agr'e 1I1at assisti!l1Cll 10 . pany by a broker dcas rol, ana will not, make II,e bml<el responsible fOI perlormance, Eadl party (SaLER a' BUYER) is, and will "main, responsible lor (hat pa~y's perlorrnance of tha obligatiOl1S of (hiS (;(,nfracr. STANDARD T - BI~DING CONTRACTi LEGAL COUNSEL THE PAf\TIES ARE NOT REOUIRED TO USE ANY PART1CULAA fORM OF CONTRACT, TERMS A~D CONDITIONS SHOULD BE NEGOTIATED BASED UPON !tiE RESPECTIVE IflTERESTS. Ol\.JECTIVES AND BARGAINING PQSmONS OF AU WTERESTEO PARTIES APPROVAL OF THIS FORM BY THE COUtER COUNTY BAR ASSOCIATION ANO ASSOCIA TIONS OF ilEAl. TORS OOES NOT CONSTfT1JTE AN OPINIOIJ THAT ANV OF THE TERMS AND CONDmONS IN HilS COfITRACT SHOULD BE AC<:EPTED BY A PARTY IN A PARTICULAR TRANSACT1ON. ms ISA LEGALlY BIN~ING COliTR.-CT FORM, EACH PARTY ACKIJOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT, THE CLOSING EXPENSES HAvE BEEN EXPLAINED, REAL ESTATE TAAtISACTIO~ STANOARDS A THROUGH T HAVE BEEN RECEIVE~ AND REVIEWED. AND THAT PARTY HAS BEEN ADVISED BYTNE REAL ESTATE BROKER TO SEEK LEGAL COUt/SEL AND TITLE INSURMJCE TO PROTECT THA T PARfrS INTEREST IN CONNECTION I'1lTK THE Tim STATUS AND (;1.0SING OF TliIS TRANSACTiON, BUYER AND SELLER ARE ADVISED TO CONSULT AN APPROPRIATE PROFESSIONAL F CONOITlON. ENVIRONMEfIT AI.. AND OTriER SPECIALIZED ADVICE. llilS COflTRACT SHAll. BE 81NOING UPON ANO INURE TO Bel ES HERETO, THEIR HEIRS, ADMINISTRATORS, PERSONAL REPRESEflTATlVES. AljD SU~CESSORS IN INTEREST. No. .qA ) &. While Copy.Broker: Yellow Copy.SellerlBuyer 019'39 Naples"reo BOJrd ot REAL TORS"' .nd Am.IaII., .1 Rut U1OI. P",I..sio Is, ~'!I\llJr~ n~. .1""(<'\".11 1')" tl~ MarGO !.sland Ama ks.ociltllOn of RE,~L TOAS~. In.c all(f \ria COlllllr Ccuntf Bar Assoclalion.1800 111"'1") PAG~t 5 ZUUU PII. /~ / ><~-~,.~--_._--~-- ......,-' Attached Addendum George cannon All of Tr, 107, Golden Gate Est" Unit 23 West lEO feet of Tr, lOB, Golden Gate Eotate., Unit 23 Gerald L. Bray E. 150 feet of Tr. lOB, Golden Gats EStates, Unit 23 .-- "GENOA ITEM ~lo A,4) t5Z OCT 2 4 2000 Pi. Io:z.. 03/28/2000 10:53 INDEPENDENT TITLE ~ 5933298 : '. \'.~' ~f y. '.!, ", _"i'~~ /I kCl1l a: (t~'* "lr......,oUWDrllf:IOII ","elope) KuD:; at't10l'( mu UV\Cti A.OdIaJ:m~""""T~"'-Oi H..-. n. ~'01 T'eil~~rH"": PIC ~I. 'BORath of "C110l'lTmLDV1CP u.~ i6l:Wfl'UlO Cl'N Mftll'!IC~ln(tfllldliJo"l c:aw.h:dl/la 1il'*,,\rIl\!rltICC tllnU'\llMClltlttllC'll 'y Ii. ~ ""!'list" r.~, ldcllW\l;IlIM (r-olD) MII'I'I\bCf(~): 3"46560001 G~(J)S.S.f(I}: III 242739B OR: 2501 pc: 0409 ,:1 nmm I~ nmlH Utms cf mun Cl"':r.'!. r. IlJltJllIlIl:UU. melt J. IUCI, r...~' eei5 ~:tu.n n::m ion lU-.;~ m.1I Iw: &:1tOImt!tc 'In D~ .n......."'.i..KI"OI"~llol' PILE NO: 99010058 WA.R.R.\N'n'DEED ~_'v-'.'_'........a..__._....... ........~.~..._.-.....I 1"bllI W'UTIIlIY Deed "Ide tl't ~ lit, of QQ r) GARY R, MCLEOD. ~/K/~ GARY RusSELL MCL&OO ..D.,,~'f ." ~..uiQl""'N'(I: ~flIlfull~~lIIItP\"lftl."I0(1051olflC.laddrallf: "G2 lOS'rH A~ PI..A.ImffitJ... HI 4'080 D C!.RALD 11, BAAY AJm HAAIJJo1 ..,. &R.AY, KtlS2JJlD ANtI WIn: ........_......." Sl2 IBIB WAY NAPLES, FL 34110 '*'hl'lu ~llft Ill. ITtnca. wtTNESSETR: 't10111fJll ,-'" r., u4 '" mtI",r~ ~rll\t MIl of $10,00 DoI\I". llld o1bcr .~h,'bk c_~ fta",~fl5~t~1I1"k!ll)"'I=~,,,,~.l'&Ill.I. e.f'I'N, ul~. .liens, fll....~, rrftIJU.C/I/I'#I!,'lndeonfi1mlWCD8c fl'/IStI:I, 11111I11 cenlln I,ncl.b&tl: ~ .C01.t.I2R COUllI)', Ilorllh. vi:: THe ~ ISO OF TRACT 101. QOLP~N GATE ESTATES, UNIT NO. 2l, ~CC01\IlINO TO nu: Pt.1<T TlIEIlEOr, OF RiCORD IN PtJlT BOOK 7. PAOts S AND 10, OF t'HE PUit,IC 'R.EC01U'.l! OF COLLIti:R CO'J'N't'i', fLOrtltl,\,. GRANtOR w~1lAN'fa STJJn:C'T PROPER1"\' IS UNIMPROVEO. NON.HOMt$'tt.\t) PRO' 'l'Y AND THAT IT :S N01 CO~IQOOU9 TO HIS HOMeSTEAD. 'thb~~l(\lllOll'~~~1I6r\llianl\llll'(l). TDCEI11U wiltlln fie ll:M~IIIl1.IIC"d"mlfl'lll aNl'f'9"II'C'I3n.cC.1tC'UlI flel6l\liJII or ill ~l\1....lk 11'JlC1"1"ilII. To lla~ _10 Dold. till "'. I" 'H,I""II~. lbtJ'l'hMrhcrl:01 to.~.b "'''' IAII.lIU\1II1 r1llUlt it 1I~ ",=~pld IINI irI'.I~I4: C\;Il_~ ... Cll64~wb~I.~.riI) lllllelllNl C4C1vty ..lIIl1nd; ""IVlt I"Mrr...myfufrrWllrnllU IlIew..lOu.:.6t.sIlll_jb . 6IfIIlll"_tJII..Iht:""fuJdllnl:ofI1l,.tulII.~I'mOIY'r. .rwlltIttkldWlllllfmo1'tlI'la~ 1I<:IIIPll..a ~~lC~'I,I' 98, rceMrIo...."UJictiolllwn""fI!IIlIlIof'l'tOOf'lI.i1.I\J. IN wnmss WHEnEOF, Gnnwr"-I k~ AllnM4r', "'~l!llll\llIW11ho c1~)' lJIOa ~r r,",.beI.. ...r... siJtIDiI.s..~lrwlIDc.livc:rwl.,CNr,,"._: ~ W IA C'~~, A ~...~"-~()n [/\V"A :::::'::-;''';..tr. .P..L~ GARY It. CLEOO - 2.-~ Y.u~~' _......-~~\vf~\I..~.s "J Y*-, r...- r ww.~N.... ~l"..., L"'"....,mIl..n ,.,~t1 ....a~~ ......"'-""'VIII: s'rAT!D, NIC.I'I'''~ toUMn g, /'lu..GbmJ 1k....CJ"..~~....WlcdI..."'^-""..b ~..,Q~ .,..r .:i"o.t\\)C).t'''i '''~,.lt. MCLEan, "/~I ~ (lAAy RUSseLL MeL!On a /}. t'1:;~~':~,~~i,:~:~\ . . t...,.. ~$".' jbD........flr"..........__~tptodolGlCl 1'i;~'." "';i.::n~ . " I--~',," -.':ri!'~'~L."~'.' "~;:.. ",~rtu. IklWJ I\rlk. AlItQM W'" ill .~I,\. " '.' ,l' ~< '" 00r/IfIA... E""'. r.",.. Il:Il1 .'. r.'f\:,\ (~"""'"."\ .,' . . '., ~', t..'I'O..,:WI,,'.:...... "'j...".., . ..0.0. I ~.;.,\c. \ ~'ne("....,A-C':l>!li~'l """" """k.\" ~\ N"''''NIIc~~~& \;'f:.... NO. 623 (;102 ~ITEM No. ~.4 J <5)- , OCT 2 4 2000 Pg. /-,3 ._--,,- 03/28/2000 10: :>3 INDEPENDENT TITLE ~ 5933298 I r '.' NO. 523 -. '..;....t ',. ......... "." [;>03 Etfuru 10': (cadoc Ic.lr<<ldra:.cd JLml~ en~lof'e) ,,-, ~: 24197.95 OR: 2501 PG: 0063 1Ial1l1l1. ormw nc=l of OIlIm CI/II!I, " 11111/1111 1l,'lIIs,lCl!I. 1ll!CI, llIII lIlIl UIf',," mill 1\.11 ""'.11 m.1I .,;y '-~,c. ,SU/GIA 'I'M 1=wm=t Pl'Clplf'Clll by: tf.'VTel' a~C'rt[R of 4C"1'1ON1'TTU::QDllTCU u.lleCIaSnrrlncldlDllfldtotialfll1mc:rltofcoadillan, ~ la I dlk iuauula ctNllm!UDc:m ilROlf II')' ;1. ~~iam hrcelldca\ifw:olSiall (Polil) NIIII\tcr(I}: 3174672000'!3"'6160004 + On:nIcc(C)S.SJ(I\: 1I1l1: II!1I1 mil 01 Iltlll ---I94n:AJMTICI'I./II~~~'...y. PILE NO, 961100n WARIlANn'IlI'n> m. _ ......_.~. ...,.""'._.........1,--,...'...... ....,.____,) 11d.t Wanltl\t)' Det'd t.4I4e t/lb 5th U)' of January ^.D,19 9!i. ~ DONALD G. CANNAN. TRUSTEE AIID PRISCILLA P. CANNAN, TRUS'TEE OF TIlE DONALD AND PRISCILLA CANNAN Rr.vO~LE TRoST D~TEO MAY 31. 1995 IND AS HUSBAND INO WIFE .aMe I'lIrttIlUll\II ii' hrn:iD.Jl\trUiOClllltle'l'1InlZlf.mUpo.I,ol'l"ce.4tIlalb: CD GEORGE CANNi\N, A M'ARRI&O Io".A1-1 wtlta.t"",ot'liccacldr""lro: 6.96 NE 10TH AVEN'tJE. Ni\!'L~S, PL 3ll,120 """'iN&,,,Uodlhpllll<<'. WJTNJSSETR: T1IJ1 "14II'1I'C1Of, l'br U'lG in Ctln.illtl"lloll ora. IlIn' 0' $10.00 DeHlrt, ."" Olll" Q~ble considnaiam, ..,iplllo~1l1:hcl'lhflct'ftl:llrkcf.ed.llmby.,.,IC. bara..iM. 101:)11. .!lUII, rEffllld:, fcluW.COIlVey1IDdClllUflft'nlmlll'~ (T1I". lIlt"'l c.RlIio llIlMI.Ww ill COLLIER eo,."ty. Flar;". .iz: ~l>JlCl!L ", TIlt EAST 160 FEET OP TRACT O~, GOLDEN GATE ESTATES, UNIT NO. 23, ACCORDING TO THE PLAT THEREoF, OF RECo!lIl IN PLAT BOOK 1. PIICBS 9 AND 10, OF THE Pl1llLIC RECORDS OF COLLIER couvrv, FLORIDA. PARCEL 2: TIlt WEST ISO FEET OF TRACT S9, OOLDEN !lAm ESTATES, UNIT N'O. 23. ACCORDIN'O TO TIlE PLAT nmREOF, OF RECORD IN' PLAT BOOR 7, PAGES 9 AIID 10, OF THE PllllLIC RECOIlDS OF COLLIER COUNTY, Continued on next page nit PI"llJlCI1Y III fll 1IO!11bc 'Mmnad of1be (jrWGI'(I). 'I'OG2'1"RER ..iltl.1I tc 1CtC1!IC'IU. h~i'tlIPnen!lIl'4'Pf'II""l\Inul "'U'tlt bekm,ln. or illlflYY\lt IppcnairriDJ:. To Bue IDd 110 Hold, ltIc ~ ~ fu Inpll r""'1Ir. lb: II"IJI"" bc!'tbr eo.eQI'l\l:I *icIl..lc InnUlllNl: I'" Vll\Int b IaW'l\lI~ leiu:d of SlkllllId iT. fu limJlle: ~ Ole IPWDI' Ilafpod'iC)I'aod l.wtu't1ldlorifJ.. $Ollllll6Cl1l"1oy aifll.l'ld: ""fo.c:lrtftlfO'~ Nn,. IOVf'lMS!)Ie liclc III aidlmd.... MIl ~ Ihe... ,p~ lie laml ,11ilN 01 ,II pcnOIU 'wlu""*,,er, ard iliac uid lIflll is''"' CrIUIClIt'VIDIIntll:a, cUEfl rau:I lIXftlinl"'~IIll~('1.19 98. rucMtiOll,,'Il~iONUldnIl:ll"ftIlO'~.lrlll)'. ~ ~ W'HEJlEDr, OtttolOr lIu 1\cn:\lo'l'4 '=1 ~t'lIItOf'llW1d INI ~l""c Ib)' af14 T~ finllhow wrimm. .- SaJod IrlM!t~:!/JJ/1!11J- '" ~,/~~~".,,-_..;;~ . D~l':\lP~QoifJ.'" ;'l.~~~~, n. . ~e ..; ~~,' ~ '-",:' p~ . .omwf;-~ "'" ..... ......!p-: YGICI1 PMlId NtIl\r. .... ~". W"_~: 'Wbca...... N.-= ,... ii)' . "".. k....... I ellllll.l""'" j SU,'f1!.OF CALIFORNIA ~crr""'JII,INC;'~l C<llIlm' Of J'I/N 15['/.II/ltd"" l"-'::=='''r.:. I nc>r~_I~I""'liCboQodI"lld."",..." ftJ.q(o/DW-tII)'o' !:"'~fi~i'~~:~' .1t.'!f.'f'\ .. DONJU,l) G. CANIWl, TRUSTIlE AND PRISCILLA Q. CANNAN, TRUSTEE Of THE DONALD AND PRISCILLA CANI1Al1 Ri'VOCAlll-E nUST DATED HAY 31. U~5 ~..,o.."",,,i',,__ ~'''"'<U! :t':;,";,....1'/'I ...- :.,~!..-qo:;t~....,~.V.~.' ;#1 111'>> iamc fICII14Nfty WWI t&I,.. ot' MIa 1la1Il\t", JlI"Of.II1= .1Ib..:!l".....!..mc_ 1/7 iJ()(), ~tiI!2Iiif<<'h..&pl',CI: ND , ~A ITEM tIt>.~t1J6J . Ocr 4 2000 Pg. Ie> i/ ~ '. 03/28/2000 10:53 INDEPENDENT TITLE ~ 5933298 NO. 523 [}04 . ' "..._...._..~.... _M..... &~._.-.....I.ooo......~_I.:M...;....~....___.....__, ._.......-..,__..........;.;.......:.....___..., ..~_.,_....-'-~,-'.. _.r' ,_" '-"_ ..,. ... ttt OR:' 2501 PG: 0064 UI I CONTINUATION OF DEED: FWRIDA. PARCEL ): TRE BAST 180 tEET OF TRACT 107, GOLDEN GATE ESTATES. UNIT NO. 23, AND THE WiST 150 FEET OF TRACT 107. GOLOEN G~TE tST~T&S. ONIT NO. ::il3, ACCORDING TO niE PLAT THEREOF. OP RECOP..!) IN PlAT BOOK 7. PAGES 9 lIIID 10. OF Tin: PtlllLIC R~CORDS OF COLLIER COUNTY, FLORIDA. PARCBL 4: Tl~ WEST 180 FEET OF ~CT loa, GOLDEP GATE ESTATES, UNIT NO. .3, ACCOROINO TO TIlE P!.l\T THEREOf, OF RtCORD IN PLAT BOOK 7, PAGES 9 AND 10. OF TIlE PUBLIC RECORDS OF COLLIER CDUNTY, 'FLORIDA. GRAIlTOR W~"TS StlllJECT PROPERTY IS UIlIMl'ROVED. NON-HQ!oIESTE-'D PROPERTY AND rHAT IT IS NOT CONTIauOOS TO THEIR HO~STEAD. AGENO" ITEM No. /~},;2.. . 00 PII. ~ TRANSPORTATION IMPACT STUDY FOR RANDALL SHOPPING CENTER A PLANNED UNIT DEVELOPMENT Prepared By MeAnly Engineering and Design, Inc. 5435 Park Central Court Naples, Florida 34109 April, 2000 AGENDA ITEM . No. /h?(A);L OCT 2 4 2000 Pg. ~ Co TRANSPORTATION IMPACT STUDY INTRODUCTION This report has been prepared to document the impact of traffic that will be generated by the proposed Development on area roadways. An analysis has been conducted to determine if adequate roadway capacity exists on impacted links to serve the new trips that will be added due to the development of this project. The proposed development, is located in Golden Gate Estates, Unit 23, and the North Half of Sections 26 and 27, Township 48 South, Range 27 East, fronting on the South side of Randall Boulevard; approximately 1/4 mile east of c.R. 846. The site is approximately 9.54 acres, and it is proposed that 95,000 square feet of shopping center related commercial land uses be built on this site. The project is shown on Vicinity Map "A". Access to the project is proposed directly from Randall Boulevard. In order to establish roadway impacts, this report examines traffic conditions at the expected time of project completion. It is anticipated that project build-out will occur by ~~~. . EXISTING CONDITIONS The 1999 Annual Daily Counts are shown on Map "B", and described in Table 2. This information was obtained from the Collier County Department of Transportation. TRIP GENERATION Trips generated by the Randall Shopping Center development were assigned to the surrounding roadway' infrastructure based on the existing and anticipated traffic patterns for this area of Collier County. Understanding that traffic related to commercial development is attracted to the site rather than emanating from the site, this was considered in the trip distribution assignment. Map "C" depicts trip distribution. Trip generation estimates for the proposed project was derived by application of the formulas and rates found in the Institute of Transportation Engineers (ITE) publication, Trip Generation, Sixth Edition. It was determined that land use code "Shopping Center" (LUC 820) provides the most representative results. Table 1 - Trip Generation utilizes formulas and rates for weekday average, AM peak hour average, and PM peak hour average. As concluded, the proposed development is expected to generate 6,595 daily trip ends, and 155 and 607 trip ends during the AM and PM peak hours, respectively. AGENDA ITEM No. /r.9f;J M OCT 2 4 2000 pg.~? Table 1 TRIP GENERA nON Shopping Center (95,000 Sq. Ft. = X ) Average Weekday Per 1000 Sq. Ft. Ln(T) = 0.643 Ln(X) + 5.866 T = 6595.5]9 = 6595 Enter Exit 50% 50% 3298 3297 61% 39% 95 60 48% 52% 291 316 AM Peak Per 1000 Sq. Ft. Ln(T) = 0.596 Ln(X) + 2.329 T= 154.951 = 155 PM Peak Per 1000 Sq. Ft. Ln(T) = 0.660 Ln(X) + 3.403 T = 607018 = 607 PASS-BY TRIP ADJUSTMENT Residential development, office and industrial parks, and high quality restaurants generate new traffic which intends to have a trip end at the particular site. Most traffic generated by fast-food restaurants, small shopping center and similar convenience commercial land uses are already on the adjacent street, and stop as they pass-by on their way to their ultimate destination Although the 6th Edition of Trip Generation does not address pass- by trips, the lIE's publication Transportation and Land Development does. Utilizing TABLE 3-4 of that publication, the proposed shopping center's trips were reduced by 60% as reflected below. Table 2 TRIP ADJUSTMENT 6595 x .40 = 2638 Weekday Daily Trips 155 x .40 = 62 Weekday, AM Peak 607 x .40 = 243 Weekday, PM Peak Enter(% )lExit(%) J3 1 9(50%)113 19(50%) 38(61%)/24(39%) 117(48%)1126(52%) 2 AGENDA ITEM' No. Affd) d) OCT 2 4 2000 Pi. ~ f? Table 3 EXISTING CONDITIONS LOCATION: 99 Existing Immokalee Road (C.R. 846) AADT LOS North of Randall Blvd. 10146 C East of Wilson Blvd. 14577 C West of Wilson Blvd. 16524 E Map "B", 1999 Counted Daily Volume was used to prepare Table 3. Annual Average Daily Traffic counts in Table 3 were derived from the Collier County Department of Transportation's 1999 Traffic Counts, dated January, 2000. Table 4 SITE IMPACTS Projected Impacts on Major Thoroughfares LOCATION: 2003 Immokalee Rd. (C.R. 846): AADT Project Traffic % Projected LOS Increase LOS w\Project North of Randall Blvd. 11763 725 0.06% B B East of Wilson Blvd. 11763 666 0.06% B B West of Wilson Blvd. 23544 145 <001% B B Map "C", Trip Distribution was used to determine Project Traffic in Table 4. Projected 2003 Annual Average Daily Traffic in Table 4 was derived from the Collier County Department of Transportation's Counts and Projections 99 Projection Sheets from Support Section C of the Transportation Element of the Growth Management Plan. - 3 AGENOA ITEM No- ~&J;J.- OCT 2 4 2000 pg.-h-'L-. PROPOSED IMPROVEMENTS The Collier County Public Works Division's update of roadway projects planned for near tenn construction indicates that Immokalee Road between Collier Boulevard (C.R.- 951) and Oil Well Road (C.R.- 858) is being improved to add two lanes This roadway work is expected to be completed by the first quarter of 2003. Further, the intersection of Immokalee Road and Randall Boulevard will be relocated, reconfigured and signalized according to the Public Works Division's update of intersection improvements planned for near tenn construction, and is anticipated to be completed in the Fall of this year. IMMOKALEE ROAD LOS AFTER IMPROVEMENT After completion of Immokalee Road's 4-laning, the Level of Service C on that improved roadway will be 32,100 Average Annual Daily Trips. CONCLUSION The proposed project's traffic generation will not exceed five percent of the LOS "C" on the improved Immokalee road. Therefore, the proposed land use change is consistent with Policy 5.1 of the Traffic Circulation Element of the GMP. The resulting traffic impact analysis for Randall Shopping Center PUD demonstrates that no detrimental impacts will occur on Immokalee Road or other collector or arterial roadways in the area. 4 "GEND" ITEM No. -;6?~),;L- OCT 2 4 2000 P~. flo UJ VICINITY MAP 1'- ~ MAP "A" R 27 E , , , UJ 1'- ~ E-o E-< 2 f LEE CO COLLiER CO . " . ~~1t!.tT..rr:s: ...,.., . ~CAn:ts'r~lU !,IojfT .6.:1 ~ '0 W ~o.o.n: f fln"lES ~ ~T" S . " !lQ.bOIG.l1[ES'T"rrs lJiltr :Ill '2 ~llA1tUT"1tll u..r 10 7 ,. 0CUrr0r a.llt aT"TD om" ! 15 ; ~~1[ U'-'T JlI ~ ,. -~ " '. 17 UJ co <::t' E-< la.-.:LlltQ,o,o (ra.MlrI UJ " 20 21 Ga.DE)I"'-1ttsrA'lD ,." " 22 2.] ~~ - I i~'~:~~: I~ 24 OJ ~ E-< ~ /tOADlc......) """"'" !. ~ , '0 29 ,. ~""1[l3T...ftS """ 25 CII2.LlE:IlCol.'lt:m,,'TES. w, " " ~"'1[tJl"ltI lNl" ". c::tulorIllAl'E:Ot"TtS /JIoIr l' " Cit'l..llOlCATrttrAltI u",r n .. GIIX.DoII CAn: MAn UIOIl,. I J N.T.S, " " . IIIIClJlOIlMrroo"TtI "'" , 5 ~llAttCS1'''1U -" . ~ ColIn; DT"1Q "'"" , Cll::lUb ~1t WArn Wit 14 2 ~lIo'.tt:tIT...'ltI "'" .. . lICI..llOIu,lEtsl,,'lU .." .. II S Ii1 S f 8 R ~ i I QQ.l:lcwca.,lt~ R 27 E CARMEN CALI McANL Y ENGINEERING H REYlSIONS UESCRIPnOK AND DESIGN. we'lll ~ RANDALL SHOPPING CENTER PUD ".'::'tt~";::-~~Ji:':r"""" .." VICINITY MAP ......_""",...,......, ~ N~ F1.OltIOA 3J'lOO .-..'\ · .. · lIT. f.. " · lIT r. - OOUllfY. ""- C',,) _"" '" ,...) _"" ~ Sc.o.lk_N'.. D""'hL 0<<., "'''''/20hOOO """..'<>iT..""'.r......., "",."""......, Dalll<, '"" -'iJ. ~<>i" """",,,. .... e", . OAT!: " , Pt. 7/ RANDALL T. 1. S. SHOPPING EXISTING MAP "E" R 27 E CENTER PUD CONDITIONS 'JJ l'- '<:t If) l'- "<t E--< E-< ~ 2 1 , ~ . ~ 5 oi . !J. LEE CO ! COLLIER CO ~ \2 10 11 9 ~ . . 7 ., ~ 16 " " " 0 " ~ '. OIL WEll RO.I.D (CJt IlSoa) If) If) 3,710 z 10,146 (n.) ~ (58') OJ OJ i "<t " " " "<t 2' 1,11-4 20 (67S) E-< 19 E-< "'~KL_ 16,524 (fi75 ~ """'^" BOULE.VAAO l.lw........,l'l"~ (".J .,US "'" (tlSr) (C,R. &46) a ~I!lOO RANDALL SHOP ING CENTER ~ (650) 25 2. ~ 27 20 0 ~ 20 ~ '0 ~ ~ ~ i ., I " SS J6 52 " " 4 , 2 1 . 5 ..,.. .." - R 27 E xxxx = 1999 TRAFFIC VOLUMES (XXX) = COUNT ST A nON I.D. NUMBER NOTt:, ALL TRAFFIC VOLUMES ARE MDT (ANNUAL AVERAGE OAIL Y TRAFFIC) fOR: CARMEN CALI RE\1SIONS MeANLY ENGINEERING DEsCRIPnoN, AND DESIGN, INC'III~ RANDALL SHOPPING CENTER PUD '"""~~~~'~="'c _ T.LS. EXISTING CONDITIONS EXHIBIT "~~'~~=T _, · f't, f 41 l . 2'7 I. COWD COUK'TT. ltDlmlA (141) H3-32lII1 r~ (1411 SQ3-.3.u1 ~ SCALL~ OYltt.:~ CJ-O(.:~ OA.Tt:4/2a/2000 OOPmClHT, 2000 BY Wc.......v ~I~G AHD DESION. NCl ALl R1Q-f'B, RESEIMD N "'" owe. f1LL PI. 9~ i I i II 9 ~ 8 ~ I ; ! DATE RANDALL T. 1. S. ~HOPPING CENTER TRIP DISTRIBUTION MAP "e" R 27 E PUD [fJ l'- '<t lfJ 1'- '<t E-< E-< J 2 \ 5 . . ~ LEE CO ~ .- COLLIER CO i :i ;! " 10 , . " 12 , ~~ . ~ 7 " 15 1< \J 17 ! " ~ OIL wtu. RQ.t,[) 1e.R. ".." ~ lfJ [fJ 7J " 725 (Sl<) ~ (SOO:) CO ~ CO '<t 22 2J 2< '<t " 7J 20 (50) E-< 19 ./ . E-< 1<5 ""''''-iJ. BOUl...EVARO ~ "'~""'" (10'E:) 1<5 '. Il llU (-) (C.R. !4li) (SSl<) '-- JWaW.L S1KIPPllfC o '35 CJ:ImlIl ~ (J",,) " 25 27 2B ~ 0 " m JO z ~ ~ . J4 JS J' J2 JJ Jl . J 2 1 . S COlDEW GATE oouu:v"'" - R 27 E XXXX - PROJECT GENER" TED TRAFFIC (XX~) = PROJECT TRAFFlC 0lSTRI8unON PERCENnLE NOTE: ALL TRAFFIC VOLUMES ARE MDT (ANNUAL AVERAGE AOJUSTED PROJECT MDT = 2638 OAIL Y TRAFFIC) FOR: CARMEN CALI MeANLY ENGINEERING ;CRIPl1ON, A.~NO, ~!~'9Jri~ III~" ,(ANDALL SHOPPING CENTER PUD 101I0 LAHD"""" AAeHTtCllJRE _ T.L5. - TRIP DISTRIBUTION EXHIBIT ~~'';:::'~=T _" . n. ,. .... & . rr I. COWD coUIrTY. PlDIm.! (141) 5iJ-JZIll fAll CHI) &lJ.-3211 ~ SCAI...E:~ D-.L:~ aile.: w.e..... OA.'Tt::4/20/2000 ooPYflIGtiT, 2000 BY WcANLY [)IClNEERlNC ANtI DESlCH. INC. ALl RlQ4T'5 Rt!ER\m * REVISIONS UTl5C..OWC SHEET: 3 Cf' 4 owe. nLE: Pg. }'<3 i . I t ~ ~ ~ B ~ B i II i DATE 2000 RANDALL SEOPPING T. 1. S. TRAFFIC MAP "D" R 27 E f-< E--< ;;; . ~ 3 '" , 1 5 . !! , ~ ~ w LEE CO w ~ COLLIER CO 0 ~ 10 ~ 11 " , ., ~ . ~ 7 . " 15 " 13 0 ~ 17 ~ ,. ~ ~ OIL WEll. RCW> C.R. 8M} g If.!. If.!. 73 z 725 Projection Unaoooilable ~ (12438) CD i CD -=:r 2' 23 " -=:r " n '0 (Projeetio" f-< " unCNC1:L f-< BO. 1450\ (12429 ~ FW<1lALL BOULEVARD IUUOlW..II: RCW) (2.3US 1157 ~ (l!I954) (C.R. 846) 0 [\..IWiDALL SHDPPIHC = ~ <35 CtNml ~1(5) 25 '5 ,. ~ g 27 " 3D ~ >. i ,. 35 36 n 31 3J .. . 3 2 , . 5 GOLDEN GATE I \ CIJ 1'-- -=:r CENTER IMPACTS PUD lf1 l'-- -=:r BOULEVARD R 27 E XXXX = PROJECT GENERA TED TRAFFIC (XXX) = TRAFFlC AODEO TO 2003 PROJECTEO TRAFFIC VOLUMES NOTE: ALL TRAFFIC VOLUMES ARE AAOT (ANNUAL AVERAGE DAILY TRAFFIC) FOR: CARMEN CALI AOJUSTED PROJECT AADT = 2636 MeANLY ENGINEERING # RE\I\SlONS I I i l! s ~ 8 I ~ il 11 ! DATE DESCRIPTIDN: AND DESIGN, WC'III~ RANDALL SHOPPING CENTER PUD ""'~~,~~~~ _ T.!. S. TRAFFIC IMP ACTS EXHIBIT .",. 'AI" """''' CQJIIT NAI"lLS"F1.OItOA3J101 ~ I .,. T 4a II.. J. '" .. CoWlll CDUVTf, ftDmJ).l (141) !iU-JUI r.u (loll) r.t3-J2N ~ SCN..E: H. T.$. OWN.: ~ C).tl(,: ~ DAlE; 4/20/2000 COPYRIGHT. 2000 BY Wc:AM. 'f OIOl"lEERING AHD OESICN, lNC. AU. RlGliTS RE::SER'v\l) DWG. FU:: llSD.oWC SHEET: 4 Of' " Pi!. ?'7" WATER MANAGEMENT REPORT FOR RANDALL SHOPPING CENTER PUD ~ 9.54 +/- Acres located in Section 27 Township 48 South, Range 27 East, Collier County, Florida Prepared By: Gina R. Green, P.E. MeAnly Engineering & Design, Inc. 5435 Park Central Court Naples, Florida 34109 May 4, 2000 "~ Approved By: Gina R. Green, P.E. Date: AGENDA ITEM No. ./,-5)~) ~ OCT 2 4 2000 Pi. 75'" TABLE OF CONTENTS A. PROJECT DESCRIPTION B. DESIGN COMPUTATIONS - BASIN 1 I LAND USE SUMMARY II. SITE GRADING III. SOIL STORAGE IV. SITE STORAGE y. WATER QUALITY STORAGE VI BLEEDER DESIGN VII FLOOD ROUTING CRITERIA a. la-YEAR, I-DAY EVENT b. 25- YEAR, 3-DA Y EVENT c. lOa-YEAR, 3-DAYEVENT VIIL DOWNSTREAM OUTFALL IX. CONSTRUCTION CRITERIA X ST AGE-STORAGE CALCULATIONS XI DISCHARGE CALCULATIONS XII HYDROGRAPH COMPUTATIONS 1. 25- YEAR, 3-DA Y EVENT 2. la-YEAR, I-DAY EVENT 3. 100- YEAR, 3-DA Y EVENT AGENOA ITEM No. ~~J ~ OCT 2 4 2000 PI. ?t , SECTION A PROJECT DESCRIPTION The Randall Shopping Center PUD is a 95,000 square foot, 9.54 +/- acre shopping center located in Section 27, Township 48 South, Range 27 East of Collier County, Florida The project lies on the south side of Randall Boulevard The project lies in the Corkscrew Canal Basin The site discharges into the Randall Boulevard Right-of-way, which flows to the Corkscrew Canal, with ultimate outfall to Naples Bay via the Main Golden Gate Canal. The water management system serving the Randall Shopping Center provides for water quality treatment and storm abatement for a 9.54+/- acre shopping center. Water quality treatment is achieved by a dry detention system. The control elevation for our project is 13.0 feet NGVD based on the wet season water table for the site. The natural grade of the site varies form 14.0' to 14.8' NGVD. The project site contains 1.43+/- acres of dry detention and 1.43+/- acres of open space. The dry detention receives runoff from the impervious areas The water control structure will provide detention of the runoff generated by the 25-year, 3-day storm event. The water control structure will limit off-site flows to the allowable discharge of 0.15cfslacre for a total of 1.43 cfs. The water management plan for the site generates a peak stage of 15.55' NGVD during a 25-year, 3- day storm event. The runoff will be detained by a perimeter berm constructed to 15.55' NGVD. A water control structure will be located in the northwest corner of the project with outfall to the Randall Boulevard right-of-way. ~ "GENe" ITEM No. G(4 J ez- OCT 2 4 2000 p&._ 1/7 , SURFACE WATER MANAGEMENT BASIN DESIGN SUMMARY DESCRIPTION BASIN BASIN AREA 9.54 ALLOWABLE DISCHARGE(CFS) 1.43 CONTROL ELEVATION 13.00 NGVD ROAD DESIGN STORM 25- YR/3-DA Y DESIGN RAINFALL 8.0 INCHES PEAK STAGE 15.55' NGVD PEAK DISCHARGE 1.4 CFS MIN. CENTERLINE EL 15.55' NGVD PARK LOT DESIGN STORM 10-YR/I-DAY DESIGN RAINFALL 6.5 INCHES PEAK STAGE 15.23' NGVD MIN. PARKING LOT EL 15.23' NGVD FIN. FLOOR DESIGN STORM 100-YR/3-DAY DESIGN RAINFALL 10.00 INCHES PEAK STAGE 16.46' NGVD MIN. FINISH FLOOR EL 16.50' NGVD AGENDA ITEM No. ~4ldl- OCT 1 4 l~J Pi. ?f? SECTION B DESIGN COMPUTATIONS I. Land Use Summary: Total Property Area = Water Management Area = Description Pavement Buildings Buffers/Open Space Dry Pretreatment Area(EI. 10.00) Total Impervious Area: Pavement Buildings = Total Impervious Area = Pervious Area Net Project Impervious = = Total Pervious Area = - , , 9.54 Ac.(100%) 9.54 Ac.(100%) Total Area (Ac.) 4.50 2.18 1.43 1.43 9.54 4.50 Ac. 2.18 Ac. 6.68 Ac. 9.54 Ac. -6.68 Ac. 2.86 Ac. . (70.0%) (70.0%) (30.0%) AGENDA ITEM No. A(4J?- OCT 2 4 2000 Pi. 79' II. Site Grading/Storage: Average Undeveloped Site Grade Control Elevation = 14.50 ft. NGVD 13.00 ft. NGVD = Pavement Open Space Dry Detention Area 4.50 Ac. 1.43 Ac. 1.43 Ac. @Elevation @Elevation @Elevation Average Developed Site Grade = III. Soil Storage: Average Site Grade Control Elevation = = Depth to Water Table = SFWMD Soil Storage = 2.80"x 0.75 (75% for developed site) Ground Storage: 2.10"x 2.86Ac.x 1 '/12" S = 2.10"x %pervious = 2.10"x 0.300 IV. Site Storage: See attached Stags Storage Computations in Appendix "A" 15.10. 16.10 14.00.15.00 14.00 15.08 ft. NGVD 15.08 ft. NGVD 13.00 ft. NGVD 2.08 ft. = = = ft. NGVD ft. NGVD ft. NGVD 2.10" 0.50 AF 0.63" AGENDA ITEM No. /::f~J..2- OCT 2 4 2000 Pg. ~ V. Water Quality Storage (Wet Detention): First Inch of Runoff: Detention = 2.5" x % Impervious Site Area = Total = 9.54 Impervious Area = % Impervious = 2.5"x 0.61 Detention Volume = = = Since 0.80 AF < Dry Detent. Storage = 1.22 AF 1.43 Ac. Detention Elevation = 13.0 + VI. Bleeder Design: 9.54 Ac. x 1'/12" = 0.80 AF (Roof) 2.18 = 7.36 Ac. 7.36 Ac. 2.86 Ac. = 4.50 Ac. 4.50 = 61.1% 7.36 = 1.53" treated 1.53"x 1'/12" 1.53"x 1'/12" 1.22 AF x (Total Area) x 9.54 Ac. 1.22 AF , % Impervious Criteria Governs = 0.85' 0.85' = 13.85 ft. NVGD Pre-development off-site flows are determined to be 0.04 cfs/acre per South Florida Water Management District. Allowable Discharge = 0.15 Head. H = 15.6 For 3.00" circ. orifice. Max. Head = 2.60 ft. For Weir Controlled Discharge: cfs/Ac. 13.00 1/2 height = .. 0.13 ft. = 9.54 Ac. = 2.60 ft 0.13 ft. 2.48 ft. 1.43 cfs x = Q = C A (2gH)'12 1.43 = 0.61 x A x (2 x 32.2 x 2.48)'(.5) A = 0.19 sq. ft. r = 0.24 ft. d = 0.49 ft. Note: Hydrographs determined that a 3' wide weir with a crest of 15.55' with a 6" circular bleeder discharges below the allowable discharge. - AGENDA ITEM ~~~ OCT 2 4 2000 ~I Pg. VII. Flood Routing: a) 10-Year /1-Day Storm Event: Rainfall Peak Stage Peak Discharge = 6.50 inches 15.23 ft. NGVD 1.30 cfs = = See attached Hydrograph Computation in Appendix b) 25-Year /3-Day Storm Event: 1-Day Rainfall = 8.00 inches 3-Day Rainfall = 10.87 inches Peak Stage = 15.55 ft. NGVD Peak Discharge = 1.40 cfs See attached Hydrograph Computation in Appendix c) 100-Year /3-Day Storm Event: Runoff = [P - 0.2S]2 [P + 0.8SJ From Stage/Storage Table: 1-Day Rainfall 3-Day Rainfall Project Acres Soil Storage(S) Precipitation Precipitation(P) = = = = 10.00 inches 13.59 inches = = 9.54 Acres 0.63 inches 10.00 inches 13.59 inches = = = 13.59 - 13.59 + 0.2( 0.63)] 0.8( 0.63)J 2 = 12.86 Inches (12.86" x 1'/12") 10.23 AF ==> Elevation 181.28 14.09 x 9.54 Ac. = 10.23 AF 16.46 ft. NGVD AGENDA ITEM ~~) d- OCT 2 ~ 2000 Pg. rt..:t VIII. Construction Criteria: 10 Year /l-Day Peak Stage Minimum Parking Lot Elev. 25 Year / 3-Day Peak Stage Minimum Road Centerline = 15.23 ft. NGVD = 15.23 ft. NGVD = 15.55 ft. NGVD = 15.55 ft. NGVD 100 Year /3-Day Peak Stage (0 Discharge) = 16.46 ft. NGVD Minimum Building Floor Elevation = 16.50 ft. NGVD FEMA Flood Insurance Map - Zone "X" Panel No, 1200670250 D. July 20.1998 Collier County, Florida 25:Year / 3-Day Peak Discharge = Weir Structure: One (1): Bleeder Structures One (1): IX. Flood Encroachment: Undeveloped Site: Natural Average Grade lOa-Year, 3-Day Rainfall 13.59" lOa-Year, 3-Day Runoff: lOa-Year, 3-Day Storage lOa-Year, 3-Day Flood Elevation: (10.80 AF / Developed Site: lOa-Year, 3-Day Runoff lOa-Year, 3-Day Flood Elevation 1.40 cfs 3.0' Wide Weir Crest at Elevation = 15.55 ft. NGVD Circular Orifice Diameter Invert Elevation = 6.0 inches = 13.00 ft. NGVD = 14.50 ft. NGVD = 13.59 inches x '/12" x 9.54 Ac. = 10.80 AF = 10.80 AF 9.54 Ac.) + 14.5' = 15.63 ft. NGVD = 10.23 AF 16.46 ft. NGVD AGENDA ITEM No./e>2(A) c9-- OCT 2 4 2000 Pi. R.J = ----- Stage - Storage Computations ============================ 4.5 ae , .43 ae 1.43 ae Stage PAVEMENT OPEN SPACE DRY DETENT I Total Feet Storage Storage Storage Storage NOVO Be-ft ae.ft ae-ft ae-ft . 16.1 . 15 ..... .. .. ..... ... ... ..... **.. .... ..... ***** 15.1 ..... 14 ....* 14 ----.........------.----.---.-----..--.-------.-...----------..-- 13.00 0.00 0.00 0.00 0.00 13.10 0.00 0.00 0.00 0.00 13.20 0.00 0.00 0.00 0.00 13.30 0.00 0.00 0.00 0.00 13.40 0.00 0.00 0.00 0.00 13.50 0.00 0.00 0.00 0.00 13.60 O.OD 0.00 0.00 0.00 13.70 0.00 0.00 0.00 0.00 13.80 0.00 0.00 0.00 0.00 13.90 0.00 0.00 0.00 0.00 14.00 0.00 0.00 0.00 0.00 14.10 0.00 0.01 0.14 0.15 14.20 0.00 0.03 0.29 0.32 14.30 0.00 0.06 0.43 0.49 14.40 0.00 0.11 0.57 0.68 14.50 0.00 0.18 0.72 0.90 14.60 0.00 0.26 0.86 1. 12 14.70 0.00 0.35 1. 00 1.35 14.80 0.00 0.46 1. 14 1.60 14.90 0.00 0.58 1.29 1.87 15.00 0.00 0.72 1.43 2.15 15.10 0.00 0.86 1.57 2.43 15.20 0.02 1.00 1.72 2.74 15.30 0.09 1. 14 1.86 3.09 15.40 G.20 1.29 2.00 3.49 15.50 0.36 1.43 2.15 3.94 15.60 0.56 1.57 ..29 4.42 15.70 0.81 1.72 2.43 4.96 15.80 1.10 1.86 2.57 5.53 15.90 1.44 2.00 2.72 6.16 16.00 1.82 2.15 2.86 6.83 16.10 2.25 2.29 3.00 7.54 16.20 2.70 2.43 3.15 8.28 16.30 3.15 2.57 3.29 9.01 16.40 3.60 2.72 3.43 9.75 16.50 4.05 2.86 3.58 10.49 16.60 4.50 3.00 3.72 11.22 16.70 4.95 3.15 3.86 11.96 16.80 . 5.40 3.29 4.00 12.69 16.90 5.85 3.43 4.15 13.43 17.00 6.30 3.58 4.29 14.17 AGENDA ITEM No. ~J~ OCT 2 4 2000 P&._I?~ \/EIR LENGTH \o'EIR ELEVATION ~IR COEFFICIENT lE OF BLEEDER SLOT ~OT INVERT ElEV. ORIFICE DIAMETER 3 FT. 15.6 FT. NGVO .61 CIRCLE 13 FT. NGVO .5 F1. PIPE DATA. OIAHETER LENGTH H-VALUE 1.25 FT. 10 F1. .013 ~EIR FLOW IN CFS STAGE FUlII ~EIR BLEEDER TOTAL PIPE HO'" ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- T3.00 0.00 0.00 0.00 .00 .00 14.00 0.00 0.82 0.82 7.48 .82 14.50 0.00 1.06 1.06 .2.17100 1.06 15.00 0.00 1. 25 1.25 10.58 1. 25 15.50 0.00 1.42 1.42 11.83 1.42 15.60 0.00 1.45 1.45 12.07 1.45 15.70 0.06 1.48 1. 54 12.30 1. 54 15.80 0.16 1.51 1.67 12.52 1.67 15.90 0.30 1.54 1.84 12.74 1.84 16.00 0.46 1.57 2.03 12.96 2.03 16.50 1.56 1.70 3.26 14.00 3.26 17.00 3.03 1.83 4.86 14.97 4.86 . AGENDA ITEM No.~ OCT 2 4 2000 Pll.~ RAIN ACCUM. BASIN ------RESERVDIR-- ACCUM. ACCUM. INSTANT AVERAGE AGENDA ITEM No.~ OCT 2 4 2000 pg.-1J._ TIME FALL RUNOFF OISCHGE (HO) (IN) (IN) (CFS) INFLOI./ (AF) SUMMARY INFORMATION VOLUME (AF) OUTFl~ D1SCHGE DISCHGE (AF) (CFS) (CFS) MAXIMUM STAGE ~AS 15.23 FEET AT 16.50 HOURS MAXIMUM OISCHARGE ~AS 1.3 CFS AT 16.50 HOURS -, STAGE ( Fl) AGENDA ITEM No. .u (l )J... --' OCT 2 4 2000 f'LR7 SAN TAB ARB A RAP R 0 G RAM PROJECT UHE REVIEYER PROJECT AREA GRCXJND STORAGE TERMINATION DISCHARGE TIME OF CONCENTRATION DISTRIBUTION TYPE RETURN FREQUENCY RAINFALL DURATION 24-HCXJR RAINFALL REPORTING SEQUENCE CALI COMMERCIAL CENTER COLLI ER COUNTY 9.54 ACRES .63 INCHES .01 CfS .25 HOURS SFlJMD 25.00 YEARS 3-DAY 8.00 INCHES STANDARDIZED STAGE STORAGE DISCHARGE (fT) CAf) (CfS) 13.00 .00 .00 13.50 .00 .47 14.00 .00 .82 14.50 .90 1.06 15.00 2.15 1. 25 15.50 3.94 1.42 15.60 4.42 1.45 15.70 4.96 1. 54 16.00 6.83 2.03 16.50 10.49 3.26 . - RES E R V 0 I R . . RAtN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFlOIJ VOLUME QUTFlOIJ DISCHGE DISCHGE STAGE (HR) (IN) ( IN) CCfS) (M) CAf) CAf) (CFS) (CfS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 13.00 4.00 .19 .01 .1 .0 .0 .0 .1 .0 13.07 8.00 .39 .08 .2 .1 .0 .1 .2 .2 13.24 12.00 .58 .19 .3 .1 .0 .1 .3 .3 13.33 16.00 .78 .33 .4 .3 .0 .3 .4 .3 13.37 20.00 .97 .49 .4 .4 .0 .4 .4 .4 13.41 24.00 1.17 .65 .4 .5 .0 .5 .4 .4 13.43 28.00 1.45 .90 .6 .7 .0 .7 .6 .6 13.70 32.00 1.74 1.16 .6 .9 .0 .9 .6 .6 13.73 36.00 2.02 1.42 .6 1.1 .0 1.1 .6 .6 13.74 40.00 2.30 1.69 .6 1.3 .0 1.3 .6 .6 13.75 44.00 2.59 1.96 .7 1.5 .0 1.5 .7 .7 13.76 48.GO 2.87 2.23 .7 1.8 .0 1.8 .7 .7 13.77 52.00 3.23 2.58 1.0 2.0 .0 2.0 .8 .8 14.01 56.00 3.97 3.30 2.2 2.6 .3 2.3 .9 .8 14.15 58.00 4.58 3.90 3.3 3.0 .6 2.4 1.0 .9 14.31 59.00 5.02 4.34 4.6 3.4 .8 2.6 1.0 1.0 14.43 AGENO" ITEM No. ~(4)G . . . . RES E R V 0 I R . . RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE OCT 2 4 2000 Pg. RR TIME fALL RUNOFF OISCHGE INFlOIJ VOLUME OUTFLOIJ DISCHGE OISCHGE STAGE (HR) (IN) ( IN) (CfS) (M) (., ) (AF) (CfSl (CfSl (fT) 9.50 5.42 4.73 7.0 3.6 1.0 2.6 1.1 1.0 14.53 59.75 6.62 5.92 20. I 4.0 1.4 2.6 1.1 1.1 14.63 60.00 5.12 7.41 41.0 4.9 2.3 2.6 1.2 1.2 ~4.87 60.50 5.70 7.99 19.6 6.0 3.4 2.6 1.3 1.3 15.25 61.00 9.01 5.29 7.9 6.5 3.7 2.5 1.4 1.4 15.42 62.00 9.42 5.70 3.8 6.8 4.0 2.8 1.4 1.4 15.50 64.00 9.91 9.19 2.3 7.3 4.2 3. I 1.4 1.4 15.55 68.00 10.49 9.77 1.4 7.7 4.2 3.5 1.4 1.4 15.55 72.0010.8710.15 .9 8. I 4.0 4. I 1.4 1.4 15.52 80.00 10.87 10.15 .0 8. I 3.1 5.0 1.3 1.4 15.27 55.00 10.8710.15 .0 8. I 2.3 5.8 1.3 1.3 15.03 96.0010.8710.15 .0 8. I 1.5 6.6 1.1 1.2 14.73 104.0010.8710.15 .0 8. I .8 7.3 1.0 1.1 14.42 112.00 10.87 10. IS .0 B.l .1 B.O .9 .9 14.07 114.25 10.87 10.15 .0 8. I .0 8. I .0 .7 13.00 SUMMARY INFORMATION MAXIMUM STAGE ~AS 15.55 FEET AT 64.75 HOURS MAXIMUM DISCHARGE IJAS 1.4 CFS AT 64.75 HOURS ~ AGENDA ITEM No. hJ( tl.p2. OCT 2 4 2000 Pg. f?r c. SAN T A BARBARA PROGRAM PROJECT NAME CALI COMMERCIAL REVIE'-'ER COL LI E R COUN TV PROJECT AREA 9.54 ACRES GROONO STORAGE .63 INCHES TERMINATION DISCHARGE .01 CFS TIME OF CONCENTRATION .25 HOURS DISTRIBUTION TYPE SF'WMD RETURN FREQUENCY 100.00 YEARS RAINFALL DURATION 3'OAY 24.HOUR RAINFAll 10.00 INCHES REPORTING SEQUENCE STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 13.00 .00 .00 14.00 .00 .00 15.00 2.15 .00 15.50 3.94 .00 16.00 6.83 .00 16.50 10.49 .00 . RES E II: V 0 I II: - . RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FAll RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (M) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 13.00 4.00 .24 .02 .1 .0 .0 .0 .0 .0 14.00 8.00 .49 .13 .3 .1 .1 .0 .0 .0 14.04 12.00 .73 .30 .4 .2 .2 .0 .0 .0 14.10 16.00 .97 .49 .5 .4 .4 .0 .0 .0 14.17 20.00 1.22 .69 .5 .5 .5 .0 .0 .0 14.25 24.00 1.46 .91 .5 .7 .7 .0 .0 .0 14.33 28.00 1.82 1.23 .8 1.0 1.0 .0 .0 .0 14.44 32.00 2.17 1.56 .8 1.2 1.2 .0 .0 .0 14.57 36.00 2.53 1.90 .8 1.5 1.5 .0 .0 .0 14.69 40.00 2.88 2.24 .8 1.8 1.8 .0 .0 .0 14.82 44.00 3.24 2.59 .8 2.0 2.0 .0 .0 .0 14.94 48.00 3.59 2.93 .8 2.3 2.3 .0 .0 .0 15.04 52.00 4.04 3.37 1.3 2.7 2.7 .0 .0 .0 15.14 56.00 4.96 4.28 2.8 3.3 3.3 .0 .0 .0 15.32 58.00 5.72 5.03 4.1 3.9 3.9 .0 .0 .0 15.48 59.00 6.28 5.58 5.8 4.3 4.3 .0 .0 .0 15.55 59.50 6.78 6.08 8.7 4.6 4.6 .0 .0 .0 15.61 59.75 8.28 7.57 25.2 5.2 5.2 .0 .0 .0 15.67 60.00 10. IS 9.43 51.4 6.2 6.2 .0 .0 .0 15.80 60.50 10.88 10.16 24.6 7.7 7.7 .0 .0 .0 16.08 1 . . . . . .RESERVOIR.. RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE AGENDA ITEM No. .hJf4Jr;P, OCT 2 4 2000 Pi. 9~ TIME FALL RUNOFF DISCHGE INflOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (I') ( IN) (CFS) (AF) (Af) CAf) (CFS) CCfSl (fT) 1.00 11.26 10.54 10.0 8.2 8.2 .0 .0 .0 16.17 LOO 11.IT 11.05 4.7 8.7 8.7 .0 .0 .0 16.25 64.00 12.39 11.66 2.9 9.2 9.2 .0 .0 .0 16.32 68.00 13.11 12.38 1.7 9.8 9.8 .0 .0 .0 16.40 72.00 13.59 12.86 1.2 10.2 10.2 .0 .0 .0 16.",:' SUMMARY INFORMATION MAXIMUM STAGE ~AS 16.46 fEET AT 72.00 HOURS MAXIMUM DISCHARGE WAS .0 CFS AT .00 HOURS --- . MiENO" ''P:' . Mo.~ ,/ OCT 2 4 2000 Pg. '7'/ o-~ ~ ~~!;: ~~s ~I~ ~~~~~~ ~2!W ~sg ~gUl S O(j ~~ 0 ~-4-a ~~~~i~ ~~~~~ ~>~ ~~~ c: S~~ ~~o~~5 a211O~ >1""\.. en , " , r- ..~ ill t'" .. ... .0 .... ~I~ ~i~~~s i~i~i ~ ~ n ~ i ~ E ~ ': FI ~ n "'ll 0 " ~ ,. ~ ~ c !II L ~ g;:~~ _~~~~ 0 ,. m 0 , ,. ~ > ~ Z S ~~. ~~~~5 ~&zo ~ n , 0 w:> ~"'~ ~ (.II:"';":" ~ .... UCllu. 0 ~~ . ~ ~~oi ~ ~ ,..). ).). c: ~~ g6~~~ ~~I~ ~ ~ n >>> en ;0 nnn ~ ~~~~~ ~~ ~ ~ ,.,,;O:;:C;;tl 1II1""lr"".1"'1 -t E ~ tg "'Il~.o:e.. ~~~ ~ ~~ ~h~ ~~U 0 ~ no ~ = = m 6 ~~ ~~ ~~jl i !" ~ !i!~ ~. ~ ~ = c , l I r I I I ~ ~ ~ c I . , il~ I FI~ "" I ~ ~o 2~ ! ~ 2F1 ~ ~ Zz ~ Z=, ~,. I Qc 0 Z " C"l ,. z 0 " 0 lit ,. ." F !i a:: ~ "" '" '" :<l 0 ." C"l C ~ ;;: M n < ., r ,. ~ " tl " ~ , t'l "" ;;j ~ I: '" ~ ~ ~ r ~ ~ 0 ;:. "0 n " ~ lit ~ ~ " ~ ~ "" ~ " Z ~ 0 - ...., ,. :'l 0 ~ ~ ,. '" ~ ~ \ " ~ z ~ \ \ \ UI_ ~ z FI~ =0 ~FI ZZ . . ~=' Q~ I 0 I z I '^- ~ I ~ I '^- I I I I I 1 I [EARMEN CAU3 =N..Y ____.IlL i ft...:.:::::.: _:ii~~ III.. -... - -...... -, -- -. . --,- ....-- - -I l ....; . , t < o ::x:J I o )> I ~ z I me I " )> I c! .... I )>.... I ~cn )>:::E: ....0 m"'C ;zJ"'C - 5:Z )>C) z )>0 Ci)m mZ 5:-1 mm ~::x:J ""'C Ie: ?Zc i , f \ : AGEND'" ;t 000 Pg. q ,;L PROTECTED SPECIES REPORT CALI PROPERTY Section 26 and 27, Township 48S, Range 27E / Collier County, Florida Prepared for: Mr. Carmen Cali 5751 Copper Leaf Lane Naples, Florida 34116 Prepared by: 11983 Tanuami Trail North, Suite 114 Naples, FL 34110 Ph; (941) 5 I 4-0028 Fax (941) 514-0770 ] une 2000 AGENDA ITEM No.~ OCT 2 4 2000 Pi____U- . r. PURPOSE This report provides an objectivc assessment of statc and federally protected llora and fauna that may potcntially utilize the sitc for foraging, nesting, breeding or shelter based on the vegetative communities present. The reader should note that all statements contained in this report regarding recommended actions and assessments of environmental risks or issues, represent the opinion of BUTLER ENVIRONMENTAL, INC., and should not be construed as mandates, or ifL'>urance's against liability arising from any environmental issues, past, present of future. Judgements regarding risks and necessary actions are best made by the reader, and compliance with environmental regulations should be ensured by contacting the appropriate regulatory agencies. The results of these observations represent the best information obtainable, under existing conditions and associated parameters, given the length of time available for the contracted scope of services. II. PROJECT DESCRIPTION AND LOCATION The 9.54 acre site is located in Sections 26 and 27, Township 48 South, Range 27 East, Collier County, Florida. The property is bordered by Randall Boulevard on the north and mostly undeveloped forested land to the south, east and west. A few scattered residential homes are present in the area. AGENDA ITEM No.AP ~ J,;J.- OCT 2 4 2000 Pi. CJtt r- ) ~ CALI. I'ROTECTF:fJ SPECIES S26 and 27, T48S, 1U7E Page 2 III. WILDLIFE UTlLIZA TlON . A protected species survey was performed on the Cali Parcel during April and June of2000. No listed nora or fauna were observed on the site. A table ofprotecled species that could potentially utilize the site is provided below. - FLUCFCS HABITAT DESCRIPTION POTENTIAL LISTED CODE SPECIES 321 Palmetto Prairie Eastern Indigo Snake Gopher Tortoise Gopher Frog Southeastern American Kest Florida Sandhill Crane Audubon's Crested Caracar~ Florida Black Bear Curtis's Milkweed Fakahatchee Burmannia Florida Coontie 4119 Pine Flatwoods with scattered Brazilian pepper Eastern Indigo Snake Gopher Tortoise Gopher Frog Southeastern American Kest Red-Cockaded Woodpecker Florida Panther Big Cypress Fox Squirrel Florida Black Bear Fakahatchee Bunnannia Satin Leaf Florida Coontie 740 Disturbed Land American Alligator Gopher Tortoise Sandhill Crane Burrowing Owl Snowy Egret Little Blue Heron Tri-colored Heron "GEND" ITEM Mn./cf? ~);L OCT 2 4 2000 'l5 Pi. If the amendment is adopted, staff purposes to apply for an implementation grant through the Florida Department of Community Affairs. Two types of implementation grants are available to eligible applicants: outright grants of up to $50,000 and 50-50 matching grants of up to $300,000. The 50-50 matching grant does allow 25% of the match to be in-kind resources. The grant submittal deadline is November 15, 2000. DCA is fast tracking these amendments in order for municipalities and counties to qualify for this program. FISCAL IMPACT: None at this time. If the amendment is approved and staff proceeds with submitting a matching grant application, staff does not anticipate any impact to the general revenue fund. Staff would recommend that SHIP (State Housing Initiative Program) funds be used as the required match. GROWTH MANAGEMENT IMPACT: This is a final adoption hearing, which will amend the Immokalee Area Master Plan. Per DCA, they are in the process of reviewing the amendment and will issue a letter stating that they do not have any issues with the amendment and the County can proceed to adopt the amendment. At the time of writing this staff report, we have not received the letter from DCA. Following adoption of this amendment, DCA has 45 days to find the plan amendment in compliance with State legislation. If found in compliance a "Notice of Intent" will be filed by the DCA and the plan amendment will become effective. CCPC RECOMMENDATION: The CCPC held their final public hearing on October 19, 2000. A copy of the Staff Report to the Collier County Planning Commission is attached (Attachment A). The recommendations of the CCPC will be presented at the October 24, 2000 BCC meeting. ENVIRONMENTAL ISSUES: Not Applicable HISTORICAU ARCHEOLOGICAL IMP ACT: Not Applicable PLANNING SERVICES RECOMMENDATION: Staff recommends that the Board of County Commissioners review the Growth Management Plan Amendment and adopt the proposed amendment. PREPARED BY: ~,\ \ \), I/i~~,-~,i,._ '~L L<...(~,i) DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION October 9, 2000 DATE ~"'ITEM No. /~Q2- OCT 2 4 2000 Pi. d.. -2- REVIEWED BY: ~di-~ STANLITSI~~ COMPREHENSIVE PLANNING MANAGER REVIEWED BY: '~,. / ~....~ BOB MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: JOHN DUNNUCK INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES -3- !cJ ~ I d -<J<J DATE /- I' 'v' ,,-(, 1 ~v DATE r DATE r \ OCT 2 4 2000 I , PII.' 3 _~_=-~"r'..<=.-_"-._ "GEND" ITEM ~.~L AGENDA ITEM 7- B MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: October 9, 2000 RE: PETITION NO. CP-2000-10 Map Amendment to the Immokalee Master Plan to add a Urban Infill and Redevelopment Area Designation AGENT: STAFF INITIATED BACKGROUND: In June 2000, the Department of Community Affairs announced the availability of grant funds under the Urban lnfill and Redevelopment Assistance Grant Program pursuant to section 163.2511, Florida Statutes. The specific purpose of this program is to have local governments develop a collaborative and holistic urban infill and redevelopment plan and to implement projects located within the designation. Over the past several years the County has collaborated with several community organizations to develop a comprehensive approach to redevelopment within the lmmokalee community, including the lmmokalee Area Master Plan, the Immokalee Community Redevelopment Plan, the Federal Enterprise Community Strategic Plan and most recently the lmmokalee Housing Initiative. If awarded, this grant will leverage local, state and federal dollars to implement the goals of redevelopment within the community. GEOGRAPHIC LOCATION: The Immokalee Redevelopment Area consists of the lmmokalee Urban Area. The smaller boundaries of the Urban lnfill & Redevelopment Area (Exhibit 1) were determined based on the criteria identified in Section 163.2514(2), Florida Statute. ( REQUESTED ACTION: This petition seeks to amend the lmmokalee Master Plan Future Land Use Map to create a new Urban Infill and Redevelopment Area designation. The purpose of this designation is to qualify for an implementation grant through the Florida Department of Community Affairs (DCA). The maximum grant amount is $300,000 and does require a local match, 25% of which can be in kind resources. The grant submittal deadline is November 15, 2000 and one of the prerequisites of the application is that the Urban Infill & Redevelopment Area be identified on the Future Land Use Map and approved by DCA. The amendment schedule has been fast tracked and is exempt from the statutory requirements of amending the Plan only twice per year. AGENDA ITEM No.~ - OCT 2 4 2000 Pi. /f AGENDA ITEM 7- B ,,p'. STAFF ANALYSIS: " Environmentallmoacts: Since the majority of land within the proposed designation is already developed there should not be any negative environmental impacts with the proposed amendment. There may be some positive environmental impacts as older commercial properties are redeveloped and rid of any environmental hazards. Effects on High Range Population Proiections: The intent of this amendment is to re- develop substandard housing with replacement housing that would not cause an increase in population. The population derived from the replacement dwelling units likely to be developed will not have a "significant impact" on the population projections as defined in the Capital Improvement Element (5% of the population). Traffic CapacityfTraffic Circulation Analysis: CR 846 and SR 29 (Main Street) are classified as a Arterial in the Transportation Element of the Growth Management Plan, the other streets are considered local streets. Compatibility/Commercial Demand Analysis This amendment will provide an incentive to redevelop parcels with substandard housing and commercial properties. The Immokalee Urban Infill & Redevelopment Area is located in an established urban community. It is strategically located to governmental services, employment services, schools, and recreational opportunities. FINDINGS AND CONCLUSIONS: 1. The Immokalee Urban Infill & Redevelopment Area provides an opportunity to improve substandard properties by utilizing grant opportunities to leverage additional funds. 2. This designation is consistent with tMe recommendations of the Immokalee Housing Study, the South Immokalee Redevelopment Study, the Community Redevelopment Plan, the Enterprise Community Strategic Plan and the Immokalee Main Street Designation. 3. The County has identified the Immokalee Housing Strategy as a key initiative to improve housing conditions within the Immokalee Community by providing funding for an office and staff to initiate housing redevelopment within mobile home parks and other housing structures. 4. Since the CCPC heard this petition on September 21, 2000, the support documentation is not included in this staff report. Staff is including as Attachment A, the transmittal letter to DCA. Subsequent to the BCC transmittal hearing, DCA had requested clarifying information to the support section of the petition. That information is included in the transmittal letter. 5. Staff requested that DCA not issue an Objections, Recommendations, and Comment (ORC) Report. Staff had request a final review of the amendment. Per DCA, they are in the process of reviewing the amendment and will issue a letter stating that they do not have an "issues with the amendment and the County can proceed with adoption. At the ti of "GENO"ITEM writing this staff report, we have not received the letter from DCA. ~..R1!il- \",," 2 OCT 2 4 2000 PI. ~ ,,~ r - ~ AGENDA ITEM 7- (I STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition Cpo 2000-10 to the Board of County Commissioners (BCC) with a recommendation to adopt this amendment. PREPARED BY: ~~~; CHIEF PLANNE'\ COMPREHENSIVE PLANNING SECTION October 9. 2000 DATE REVIEWED BY: ~~;.- STAN L1TSI GER, AI~ COMPREHENSIVE PLANNING MANAGER /0 -ICv-de) DATE ~~LHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR /iJ -! o-v-J DATE L \ u~ N M. DUNNUCK, III I ERIM ADMINISTRATOR COMMUNITY DEV.AND ENVIRONMENTAL SERVICES DIVISION /CJJo !nIT DATE Petition No.: CP-2000-10 NOTE: This Petition will be advertised for the October 24, 2000 Board Meeting COLLIER COUNl'Y PLANNING COMMISSION: - RUSSELL A. BUDD,CHAIRMAN 3 -'GENOA ITEM No.~~J OCT 2 4 2000 fa Pa. EXHIBIT 1 T 47 S T 46 S . . . . . . . . . . . . . . . . . t . . . t t t. . . . . . . . . . . .'.. . . . . . t . . . . . . . . . . . . . . . . . . . . '- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ',.--/ . . . . . . . . . . . . . . . . . . . :II N II '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . . . . . . . . . . . . . . . . . :II N II '" Ii _"0 0 s::u . . . s:0 1 0"0 0 ~n !Ol - ~O , . i: >'" . . i: ,..m . . j! 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T 24 2000 I' !i!!;L T 47 S I _ T 46 S ~ w w ~ l ATTAOiMENT A COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION -::7' PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 October 2, 2000 Mr. Tom Beck, Director Division of Community Planning Department of Community Affairs 2555 Shumard Oaks Blvd. Tallahassee, Florida 32399.2100 RE: Transmittal of Proposed 2000 Growth Management Plan Amendment CP-200D-10 Dear Mr. Beck, In accordance with Rule 9J-11.011, FAC., Collier County is transmitting six copies of petition CP-2000-10 a Growth Management Plan amendment to the Immokalee Area Master Plan and the Immokalee Future Land Use Map, including Exhibit A which clarifies information contained in Attachment One and all other support data, to the Department of Community Affairs. This amendment was reviewed in public hearing by the Collier County Planning Commission on September 21,2000. The Collier County Board of County Commissioners approved the transmittai of this proposed Growth Management Plan amendment on September 26, 2000, by the adoption of Resoiution 2000-344. Pursuant to Sections 163.3184 and 163.3187, Florida Statutes, the Collier County Board of Commissioners hereby requests that the Department of Community Affairs fast track and conduct a review of this Pian Amendment transmitted herewith, without an objections, recommendations. and comment report. One copy of this entire transmittal package is being sent, on the same date as this letter, to the Southwest Florida Regional Planning Council, South Florida Water Management District, Florida Department of Transportation District One, and Florida Department of Environmental Protection. AGENO" ITEM No.~J OCT 2 4 2000 PHONE (941) 403-2400 FAX (941) 643-6968 o.c~r,,!l.ui.&:... . . . 1 This proposed amendment is not applicable to an Area of Critical State Concern. Collier County proposes to hold adoption hearings on this amendment in October, 2000. If you have questions or need additional information, please contact: Ms. Marcia R. Kendall, Planning Technician II Comprehensive Planning Section 2800 N. Horseshoe Drive Naples, Florida 34104 Phone: 941-403-2300 Fax: 941-643-6968 "~".,~ 4 Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division cc: Board of County Commissioners Thomas W. Oliff, County Manager Department of Environmental Protection Southwest Florida Regional Planning Council FDOT District One South Florida Water Management District "GENO" ITEM NoAh') OCT 2 ~ 2000 PI. 9 '--_/ . EXHIBIT A The following information is provided to supplement the information included in Attachment One. Exhibit 2 - Existence of public services According to the Public Facilities Element of the Collier County Growth Management Plan adopted in 1997, none of the Immokalee area is served by Septic Tank Systems (see attached map). The Collier County Health Department, a division of the Florida Department of Health, permits septic tanks in the County. According to that Department, the urban area of Immokalee is primarily served by the Immokalee Water and Sewer Department, few if any septic tank permits have been issued for the urban area. Exhibit 3 - Area suffers from pervasive poverty The table below demonstrates that each block group meets the poverty test as outlined in Section 290.0058 of the Florida Statute. All block groups have a poverty rating greater than 30%. CENSUS BLOCK TOTAL MEDIAN HOUSE PER # OF PERSONS WITH PERCENTAGE OF TRACT GROUP PERSONS INCOME CAPITA INCOME BELOW PERSONS BELOW POVERTY LEVEL POVERTY LEVEL 112.03 1 1,138 $11,812.00 $4,624.00 524 46.05% 112.03 2 810 $8,546.00 $4,481.00 495 61.11% 112.03 3 1,246 $8,833.00 $4,469.00 749 60.11% 112.03 4 3,654 $12,880.00 $3,715.00 2,114 57.85% 113 4 1,601 $18,491.00 $7,138.00 555 34.67% . 114 2 1,081 $19,871.00 $6,692.00 486 44.96% 114 3 691 $14,659.00 $6,312.00 272 39.36% TOTALS 10,221 $12,880.00 $4,624.00 5,195 48.05% w AGENOA ITEM Mo. PflL OCT 2 4 2000 Pl!. /0 1 . w,\p C;C;_.11 APPROXiMA TE AREAS SERvED BY SE::>T1C T A"K SYSTE'/S tOllier C"",",)'. r1O".GCI 'IC.IoI1 . ... I I I I I I I I -=<;l!'--1 co..uDl: co. I @ ... . l ~ PM 'NIt oIrMAI ___2C'l~"" ...- an 01' NAI'\.D .... -...... ~g.. ~oiWZt.,., ~... ~ -.-fa-. co-..n ~, .c or-oor.oT... ~ __ D.*ll' ~ aurrn "RufIQ ~ ,_ . . . . AGENO" ITEM NG. flfJJ OCT 2 4 2000 Pi. /1 ~~-, / ss- 49 . Exhibit 4 - The area exhibits a higher proportion of properties that are substandard, overcrowded, dilapidated, vacant or abandoned. The following table compares the Immokalee Census Designated Place (COP), which encompasses all of the proposed Immokalee Urban Intill area, with the County as a whole and other CDPs for substandard housing. Immokalee has by far the highest number of substandard units anywhere in the County. Collier County Substandard Housing Units, 1990 94,165 11,096 4,507 14,639 6,124 2,145 2,ClOl 5,162 8,183 22,588 5,017 44 3,277 401 541 372 1,189 1,549 306 0 101 32 0 0 8 20 20 336 0 74 17 0 0 8 0 20 3,431 55 1,482 361 286 5 2S2 108 103 4,073 55 1,6S7 410 286 5 268 128 143 4.3% 0.5% 36.8% 2.8% 4.7% 0.2% 13.4% 2.5% 1.7% . ~ I w Note: There is DO particular defInition for "Substandard Units" by the Bureau of the unsus. For purposes of this table, sub-standard units were defmed as those housing units that lack plumbing or kitchen facilities and have > 1.01 persons per room. It should be Doted that a possibility exists for double-counting bt-cause each dwelling unit can be counted in each category. MlENO" ITEM No.. A::(t1i OCT 2 4 2000 Pe. /.2.. ORDINANCE NO. 2000 - AN OROINANCE AMENDING THE IMMOKALEE AREA MASTER PLAN ELEMENT OF ORDINANCE 89-05. AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA: TO DELINEATE AN URBAN INFILL AND REDEVELOPMENT AREA TO THE IMMOKALEE AREA MASTER PLAN AND THE IMMOKALEE FUTURE LAND USE MAP: AMEND POLICY 11.1.1 TO REFLECT THE INCLUSION OF SAID URBAN INFILL AND REDEVELOPMENT AREA; ADD TEXT TO THE LAND USE DESIGNATION DESCRIPTION SECTION OF THE IMMOKALEE AREA MASTER PLAN TO INCLUDE SAID AREA UNOER THE NON-INDUSTRIAL USES DESIGNATION AS A PROVISION TO OVERLAYS AND SPECIAL FEATURES; AND BY AMENDING THE IMMOKALEE FUTURE LAND USE MAP TO REFLECT THE URBAN INFILL AND REDEVELOPMENT AREA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, at. sea., Florida Statutes, the Florida Local Government Comprehensive planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Collier County Board of County Commissioners adopted the tmmokalee Area Master Plan, a separate element of the Growth Management Plan on February 5, 1991; and WHEREAS, in order for local governments to designate a geographic area within its jurisdiction as an Urban lnfill and Redevelopment Area pursuant to Section 163.2517, Florida Statutes it must amend its comprehensive land use plan to delineate the boundaries under Section 163.3187 o!the Florida Statutes; and WHEREAS, an amendment to the local comprehensive plan to designate an urban infil1 and redevelopment area is exempt from the twice-a year amendment limitation; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the Collier County has prepared a Plan Amendment to the Immokalee Area Master Plan including the Future Land Use Map to delineate the boundaries of the urban infill and redevelopment area; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for review on October 3, 2000; and WHEREAS, the Board of County Commissioners requested that the Department of Community Affairs review the amendment without an objections, recommendations and comments report as requested by the Department of Community Affairs as a way to fast track amendments so as to allow municipalities and communities to qualify for grant funds under the Urban Infil1 and Redevelopment Assistance Grant Program; and WHEREAS, Collier County must adopt the proposed amendment to the Growth Management Plan in a~ expeditious manner in order to qualify for Urban Infill and Redevelopment Assistance Grants; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of this lmmokalee Area Master Plan amendment to the Growth Management Plan on October 24, 2000; and AGENDA ITEM 'lo./d-f1L OCT 2 4 2000 1 Words underlined are additions, Words strl::lsk tRFSUlJR are deletions PLA =-.--...,.. -, WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment to the Immokalee Area Master Plan, including the following: the Collier County Staff Report and Executive Summary; the document entitled Collier County Growth Management Plan Amendment (CP-2000-10) 6'ld the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held October 19, 2000, and the Collier County Board of County Commissioners held on October 24, 2000; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: SECTION ONE: ADOPTION OF AMENDMENT TO THE IMMOKALEE AREA MASTER PLAN OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts this amendment to the Future Land Use Map of the Immokalee Area Master Plan and the amendment to the Land Use Designation Description Section of the Immokalee Area Master Plan in accordance with Section 163.3164, Florida Statutes. The text of the amendment is attached hereto as Exhibit ~A" and the amended Future Land Use Map of the Immokalee Area Master Plan is attached hereto as Exhibit "8" all of which are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this amendment to the Immokalee Area Master Plan shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'd Floor, Tallahassee, Flo'rida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this _ day of . 2000. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: Chairman Approved as to form and legal sufficiency: '~Ai~~AP~ MARJO IE M. STUD T Asslstsnt County Attorney 2 Words underlined are additions, Words struek tRre~6R are deletions AGENOA ITEM ~~J4.L OCT 2 4 2000 pg.__d-._ -......._- Exhibit A Pages 2 and 10 of the Immokalee Area Master Plan will be amended as shown below: Page 2 Policy 11.1.1: The Immokalee Master Plan Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. Residential Designation 1. Low Residential District 2. Mixed Residential District 3. High Residential District 4. PUD Commercial District B. Commercial Designation 1. Commercial District - S.R. 29 and Jefferson Ave. 2. Neighborhood Center District 3. Commerce Center - Mixed Use District 4. Residential Tourist District C. Industrial Designation 1. Industrial District 2. Commerce Center - Industrial District 3. Business Park District D. Overlays and Special Features 1 Urban Infill and Redevelopment Area Page 10 Non-Industrial Uses In addition to those industrial uses permitted within the Industrial Designation. uses such as those essential services as defined in the Land Development Code are permitted. Overlays and Special Features 1. Urban Infill and Redeveloement Area The Urban Infill and Redevelopment Area is consistent with criteria outlined in Section 163.2514(2) (a)-(e\. Florida Statutes. The intent of this delineation is to comprehensively address the urban emblems within the area consistent with the 90als of this plan. This designation is informational and has no rel;Julatory effect. Words underlined are additions; Words Etrllck thrGllgh are deletions < ' Mll!NO" ITEM No. .4,1}.L, OCT 2 4 2000 Pi._ A5' EXHIBIT B T 47 5 T 46 5 , _1J 0 i::a . . . i:0 01J 0 - ;.::0 . . '"' i: >In . , :0. , . , .:0 i: r-m mC 0 m" '" ill:: :0 > e:e: r- :a-l In me: In >:a ....1. Zln " c: _r- I -I Z> c: "z lD V I :a FC N I In lD r-e: II N 1ft ....- r- II III In > 1ft am z :ai: , c m> c: C1J ~ III mn \ In <% () I i: pl> ! ." , oZ III '" > 1JCi'l lid :0 ;; e II' is 1J i:m q mn III I I ' I Z1J I I i I: -IN -I' I II ! >0 II! I :a0 " mO !!'ii~~DDDDDDDDDDD >.!. 0 Ii I I illl :1 !I !! !I !I !I !I 'i !I ~ II ,: '" "] "', II , GEND" ITEM iI I I . lD III II! I i . ~~-- 0 ,. I, 0 1ft II ! e .1 2 4 2000 II I' l2!L T 47 5 T 46 5 - -- /6 -_.._-----~. lD N II 1ft lD N II 1ft EXECUTIVE SUMMARY PETITION PUD-99-20, REPRESENTING BRYNWOOD PRESERVE, INC., REQUESTING A REZONE FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS BRYNWOOD PRESERVE PUD ALLOWING FOR 160 MIXED RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (CR881) AND APPROXIMATELY ONE QUARTER MILE SOUTH OF PINE RIDGE ROAD (C.R. 896), IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 29.26 ACRES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application to rezone 29.26 acres from "A" Agricultural to "PUD" permitting 160 residential dwelling units. CONSIDERATIONS: The subject PUD is a planned residential development that is designed around a central lake. The residential lands are comprised of a singular 20.46-acre tract of development supporting a mix of residential dwelling types and recreational amenities. The list of permitted uses and structures includes single-family, two-family and multi-family dwellings. If approved, the development plan will allow a maximum of 160 dwelling units with a density of 5.47 units per acre. The Master Plan provides open space that includes 4.15 acres of preserve/conservation, a 4.79-acre lake, landscaping and buffering totaling the minimum required 60 percent open space for residential PUDs. In addition, the Master Plan provides for a recreational area on the north side of the entrance road and a second recreational area is designated at the eastern third of the project. Lastly, an interconnection of internal vehicular access is provided to the property to the north. The subject site is located within the Urban-Mixed Use District, Urban Residential Subdistrict and within the Residential Density Band around the 1-75 and Pine Ridge Road Activity Center as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP): Properties within one (1) mile of an Activity Center are eligible to receive three (3) additional units per acre. The FLUE permits residential dwellings such as those units provided in the Brynwood Preserve PUD. The project density is consistent with the density rating system contained in the Future Land Use. Element and is based on the following relationship as noted below: Base Density Activity Center Density Band 1\faximum Permitted Densl,~ -........ . .,. -" ~.. ~.: .' .' . +4 dwelling units per acre +3 dwelling units oer acre +,7 dwellillg units per acre . . . . . ::7~~ .- OCT 24 2000 .~.#f' ;.' 1 PI. / a ;9' I ~ . . u ... I. R 19" 19" 15. " .I~I "I~I ~I "151 i 0 ...J ~ 0 ....""""""'" ....""""~ " a I ...."""" ........ 9 n... 0 e ~I S I- I. 15z a. ~ . . .~I I wQ RIo. · 1 1 -'l< II I I 00 ::9 . ~ I I I II! 1118 II i J "~ ---------- II." " r- - - .- - ":---"(cA~)- ....,..........- II .I~ I~ b ...- -- z o w- ....l< iDo 9 ! ~ <I 2: I.&J t- - en _~"J.__""""IMIIJW ..-wI., ____....._ ! I I ... ... I ... ::> L .. Z """'-- ~Qj.- / - ~ 'S i _.':-, II " i ~ ~ 1<1 ! 2: Z o - ~ U o ...J ..d e in a. "~ 1 I . .... .............. . Is. i . II. .' i ~ i d J i~ I. . i il . . . .. - . . FINDINGS FOR PUD PUD-99-20 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' 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: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) Development of land that is located on an arterial road, is within a density band and near an Activity Center approved for commercial uses is particularly suitable for multi-family uses. Con: (i) Existing neighboring residents often perceive new development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Findin\!: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed 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. Pro/Con: Evaluation not applicable. Findin\!: Documents submitted with the application provide evidence of unified control. The PUD document'makes appropriate provis\ons for "continuing 'operati.on and. maintenance of common areas. ,.~ Al>fNOA ITEM '. Mo., A2f!J OCT 2 4 2000 Pl!. /0'" . - .. ." ..-: .. . " " Exbibit "A" 1 FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on 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 in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: . Park Impact Fee: $578.00 per unit . Library Impact Fee: $180.52 per unit . Fire Impact Fee: $0.15 per square feet of building . School Impact Fee: $827 per unit . Road Impact Fee: $890 per unit . Correctional Facilities $117.98 per unit . Radon Impact Fee: $0.005 per square foot of building . EMS Impact Fee: $2 per unit . Building Code Adm.: $0.005 per square foot of building . Micro Film Surcharge: $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757 per unit. Since this project proposes 160 units, the total amount of residential impact fees collected at build-out will total $441,120. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of thdmprovements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination .versus rcads that may have local geographic concurtency implications. . AGENDA ITEM No.~~ OCT 2 4 2000 Pi- If . , 3 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPe) heard this petition on September 21,2000. They unanimously voted (7 to 0) to forward this petition to the Board of County Commissioners (BCe) with a recommendation of approval subject to revising the side yard setback for single family dwellings from 5 feet to 6 feet for a one story unit. On a two-story dwelling, the side yard setback is recommended to be increased to 7.5 feet. Their approval includes staff stipulations as contained in the PUD document. It should be noted that staff has not received any correspondence objecting to this petition. However, since the Environmental Advisory Council did not have enough votes to make an official motion, this petition could not be placed on the Summary Agenda. PREPARED BY: ~ !1lL- RAY B LOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION 10. 3'00 DATE _rD- ~, rftJ DATE R NALD F. 0, AICP, MANAGER CURRENT PLANNING SECTION ~~ RO RT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT AP~ ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. /!-y"<A-J DATE /o~ {, -00 DATE PUO-OO-20lEX SUMMARYIRVBlrb . ........ r AGENOAJT'EM No. .4~ . OCT 2 4 2000 to Pg. _ "iioo *"" ." ... .,. : "'" ".-. 5 . . . .. Summary Findin!!: Timing <>r sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to extend the existing residential zoning that is adjacent to the site to the south. Since the subject site is located within a density band, this project is eligible to receive a density bonus of 3 units per acre. In addition, this project will not adversely impact any adopted level of service standard. ., Con: None. Summary Findin!!: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 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: Evaluation not applicable. Summary Flndin!!: This finding essentially requires an evaluation of the extent to which development standards 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. FINDINGS FOR PUD-99-20IRVB/rb . .' ....,. . . ".--. " . .AGENOAITEM No. ~) OCT 2 ~ 2000 pt. /7 3 , I , r ~I: II;' I ~ - .....17 (01T--,":':0: .,:,: : : : : :.: : ::: l~ II II Ii',' ,....... I li.:1: :1; ~ L Ii t.....,..'.. !.' !...... . . . . . e ~ !'i',I . J ig r.., -. . '!i .11' . . . .. ~ II; !, I l'i~I' :! i t -: -: -: -: -: -: . :- . -: -: -: <: -: . I I j E~l ;:;1 ! I"",.., .' . . '. . . ! !iJ! :.1 II .."', ~.". II : ~::I ~ ------ -- I li:1 ,. . II i!! l~ I ~m. I I . . :i IIi ~ II l< , II )) ------ ; -I I' Ii ' i , !p~ , , ! . II . r . j , II., , ."1 . ! , Ii II!llill! i! -IJ:! pl ii H. 'I '1' I' ! .1 i~';;l-;;:..!>n.:!l~ ~.i 'I ;,~ U.. i~e. III - - J ~~ ~ ~ Mil\~ f; ~ ~ !.~ ~ ,i ___"""_1 ~z ~i;~g~1 i~ '~ ~ i .' ~ ~~ .JU._ III 49S2M - ~,.. 1"~6Q' -- tIl:lII~.Ga <^'" -- - . . . IlENSlNGTON - (P.U.D.) -------------- !\I'IlJN[12O'l.J\IlNG$TOM/lGlOlIIlCHl_or_..." ..- ..-C.-'_ _. ~. I n "1 I~ I i, "I I !~ I, l I I n I . I :~ I. I .. I I 1'1 I I I I L :':'~~~:-:-:-::-:-:-:l . ' . . , . , . . . , ' .!' . . , . , . . ' . . '1 .'.... ,', '. '!{...., . .'.. . '::::::::::::.:::::::::::1 . . . . . , . . -: . : . :-[. I . . . . '1' i~o ~~! :- : :1' I~~ !"" :-:-:\'1 .....t .....l : -: I -:1 II . ~I I I ~ I'll ~! I 'J IV' I, .\ !~ II i I AI AI . ~I i' II , . . ~ >, ! . i~ ~~ .~ ~ 1 * ~I , -,g Ie. .., . . ~; ~ II I lid i' II ~ ~I~ III ----1 · ml! --n~! I~ i~ , I :~ I ~ i!~ "I~ , ,..,.., II i 0f - I" s~ J" -~ ,~ ;~ 1'::U(ii II ~ii l- I ,~ ,E .., !':C l~ < ,I ~~ ~~ B ~~ ~~ ,t 1il~, ~,., ~p ~~ i~ ~':otl ~~ I ~; ~~ ~~ ~.r v~ , ~z ~~ V .~~ .~: ! ~~ ~~ ~ ~; ~ E~ ~ F ~ i~ NORTH '....,. .l~) AGENDA ITEM No." A2.f'!J -OCT! 4 2000 - ~CC'l'if'CJeAl1CiN f'/..IINII€r? Wlf vevel.-a'NeNl ~.E.'S1rr;PL-!N eXHi~t("A" ~. UVINiA5fON RON? {?R'r1I/WOOlJ PRt5t1M R1Jl4" -_. ...... ..4 ....EnvlronmentalConsu/tants -----....___ ,.".._ ''''''''1'''- . . .. Con: None. SummarY Findinl:s: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the OMP. Con: None. SummarY Findinl:s: The boundaries are logically drawn by virtue that the subject PUD provides an extension of the existing residential land to the south. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved residential land uses to the south and because of the subject PUD' s relationship to the OMP is a positive one. Con: None. SummarY Findinl!:s: Consistent with the FLUE and Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the east of the project. Con: (i) The location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. SummarY Findinl!:s: The proposed PUD will not adversely influence living conditions - if! the neighborhood because the recommended development. standards aRd other conditions for approval have been promulgated and designed to ensure the least amount .of adverse impact on .adjacent and nearby developments. Reco!!1IIlended actions should serve to ameliorate impact on the adjacent residential area. Th limiting the density to 5 units per acre. . .A~lm mClU e . No. 2 OCT 2 4 2000 PII. /q . The project density shall also be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density Activity Center Density Band Maximum Permitted Density +4 dwelling units per acre +3 dwellinl! units per acre +7 dwelling units per acre The PUD Document indicates that the project is intended for 160 residential dwelling units that result in a density of 5.47 units per acre. This proposed densitv is 1.53 units per acre less than the maximum of 7 dwellinl! units per acre the proiect is elil!ible to receive as noted above. As a result, staff is of the opinion that the requested density of 5.47 units per acre is consistent with the Density Rating System of the Growth Management Plan. TransDortation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 970 weekday trips at build-out that is projected to be in the year 2003. Based on staff s analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" desil!D roadway volume) on Livingston Road and on Pine Ridge Road at the project build-out. As a result. this petition is consistent with Policv 5.1 and 5.2 of the Transportation Element. In addition, Pine Ridge Road (CR-896) is currently a 4 lane arterial road east of Airport Road with LOS "E" as its minimum standard. The current traffic count for this segment is 39,580 and is operating at LOS "F'. (See Map Below) Since the proposed improvement to a 6-1ane facility is currently under construction, this road segment should operate at acceptable level of service at the build-out of the project in 2003. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Lastly, Policy 9.3 of this Element encourages the interconnection of local streets between developments when feasible. Since the project abuts a proposed commercial development to the north (via a Growth Management Plan Amendment), an .interconnection appears to be feasible when approved. ~ J'" J I r t, 'I' ~ ': '8~1),~ N ~r 8 ~J,~/; '::',. ,,>,'i;~'i :';',~:,_,,' ,;. i'!:~ 1!'~(~ "; }~~" ~;~J..~ .t.. '. .,.", ... . '~':"':"~',"f~P." ':1"......'. ~~B~~~r'<~ ab~ .. 2002 .' 3 AGENDA I'!'EM No. /oftf) OCT 2 4 2000 Pg. /~ . . -e was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the south. In addition, the maximum height for the structures as provided for in the PUD is similar to the maximum height permitted within the nearby projects to the south and west. The overall development standards are compatible with the standards listed for the similar residential districts in the LDC which are designed to protect the circulation oflight and air to adjacent areas. Con: None. Summarv Findine:s: 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: Typically urban intensification increases the value of contiguous underutilized land. Con: None. Summarv Findine:s: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that 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. The mere fact that a property is given 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. .'. Summarv Findinl:s: The basic 'premise underlying all of the development standMds in the ZO'ning division. of the.LDG is that their sound applicatio~ ",hen .combiE8 '. ~~ IrEM adminis~rativ~ site ?evelopment.plan approval pr~cess, gives reason~ble ass an%1,. ~A') change III zomng wIll not result III a deterrence to Improvement of adjacent p [petty. - 4 . GeT 2 4 2000 . PI. .:J-I The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. This evaluation includes an analysis of past zoning actions in the project area. In addition, the Board Of County Commissioners has reviewed similar rezone requests within "Density Bands" where there is an opportunity to approve a range of up to a three (3) additional dwelling units per acre when deemed appropriate. The added density is primarily dependent upon the project's compatibility with adjacent land uses and the adequacy of infrastructure to support the additional units. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationshit> to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property is near existing residential lands to the south, east and west. The PUD Master Plan illustrates a development permitting 160 dwelling units on the subject 29-acre site. The resulting project density of 5.47 units per acre is 1.53 units per acre less than the possible eligible density of 7 units per acre. Therefore, the proposed project density is consistent with the FLUE. Relationshit> to Existinl! Land Uses: The surrounding densities of the adjacent developments are as follows: To the south are pre-existing agricultural lands that are approved at one unit on 2-acre parcels while the base density permitted by the FLUE is 4 units per acre. To the west is the developed Kensington PUD that permits a total of 570 dwelling units on 370 acres. This results in a density of 1.54 units per acre. However, if the golf course were excluded from the density calculation, the resulting density would be 3.88 units per acre. To the north lies a golf driving range and vacant agriculture land that qualify for commercial uses via the Office and In-Fill Commercial Subdistrict of the GMP. Based on the intensitv and densities of the surroundinl! developments, staff is of the opinion that the subiect PUD should receive a densitv bonus of 1.47 units per acre to allow a total of 5.47 units per acre and a maximum of 160 units. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent land uses, the location of future dwelling units are proposed to be integrated around the water management lakes and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to primarily construct multi-family condominium dwellings with a maximum height of 2-stories and 35-feet. The PUD document also permits single family detached and duplex, development standards with a maximum height of 35 feet. Since the properties to the south and east are developed with single family dwellings, the PUD limits the maximum height to 2-stories. The PUD document also requires a rear yard setback of 15 feet for any principal structure and 10 feet for accessory structures. The PUD also requires a 15 feet separation between structures or half the sum of the building heights whichever is greater. It should be noted that the PUD development strategy is one that would allow for a mix of dwelling types such as: single family, two family and multi-family dwelling housing structure types. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts and with the adjacent PUD zoning districts. Staff is of the opinion that a density bonus of 1.47 units per acre is compatible with the adjacent properties that includes the commercial property to the northeast. Furthermore, the application of PUD deyelopment standards and architec\llral th~me requirements shou14 remove any Wrcep!ion. that there are any incompatibilities in dwelling types with adjacent land areas. . . . ~ ~ ." ..-: .. : ...... . AGENDA ITEM No. .t.( ~) OCT 2 4 2000 Pg. I:L 5 . . .~ 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summarv Findinl!:s: The extent of site alteration will be determined as a function of obtaining a Site Development Blan approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summarv Findinl!:s: A multi-disciplined team responsible for jurisdictional elements of the OMP has reviewed this petitions and have found it consistent with the OMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with OMP established relationships. REZONE FINDINGS R-99-20IRVB/rb . ..- ..... " . '. ,. '...... .!" . "GENOA ITEM No.A4L- OCT 2 4 2000 '. . 6 Pg. A3 . . . . ~. . PREPARED BY: ~~lL RAY LOWS, PRINCIPAL PLANNER C PL G SECTION RE . 9600 DATE ".7.~ DATE '7 - 7-zj) DATE '1~/r()d V CENT A. CAUTERO, AICP. ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-99-20 Staff Report for September 21, 2000 CCPC meeting. COLL~~; ;:1;;,0 COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUD-99-201 STAFF REPORT/RYB/rb '. 'e". '!. 7 .1 . " " . AGENDA No.fi2(d/ OCT 2 4 2000 Pg. /4 EAC Meeting............................................... ....................................... ....09/0612000 Brynwood Preserve PUD Page 2 of 11 IV. PURPOSEmESCRIPTION OF PROJECT: ~. The proposed 29.26-acre Brynwood Preserve PUD is a planned residential development that is designed around a central lake. The residential lands are comprised of a singular 20.46-acre tract of development supporting a mix of residential dwelling types and recreational amenities. The list of permitted uses and structures includes single-family. two-family and multi-family dwellings along with zero lot line development standards. If approved, the development plan will include the following: 1. A maximum of 160 dwelling units is proposed while the resulting density is 5.47 units per acre. 2. Open space that includes 4.84 acres of preserve/conservation, a 3.98-acre lake, landscaping and buffering totaling the minimum required 60 percent open space for residential PUDs. 3. Access point to the project is provided from the Livingston Road. 4. The PUD Master Plan indicates that the internal PUD road will have a 50-foot right-of-way along with a 24-foot wide pavement as required by the Land Development Code. V. GROWTH MANAGEMENT PLAN CONSISTENCY: j Future Land Use Element: The subject 29.26 acre site is located within the Urban-Mixed Use District, Urban Residential Subdistrict and within the Residential Density Band around the 1-75 and Pine Ridge Road Activity Center as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). FLUE and Densitv - Properties within one (1) mile of an Activity Center are eligible to receive three (3) additional units per acre. The GMP indicates that the intent behind providing a density bonus is to encourage development of these urban parcels and to take advantage of existing public facilities and utilities available to the area. This should also discour~e ~....Qutside e.JUstin& urban areas and into rural areas of the county. The FLUE permits residential dwellings such as those units provided in the Brynwood Preserve PUD. The project density shall also be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: . _. Base Density Activity Center Density Band _ Maximum Permitted Density . '. C +4 dwelling units per acre +3 dweilingunits Der acre' '.' +7 dwelling units per acre ". AGENOA ITEl The PUD indicates that the project is intended for 160 dwelling units at a ens~....o(6j of 5.47 units per acre. The ro osed densit is 1.53 units er acre less t an the 24 2000 ~ ) ..- Pg. ~ \... ~ r 3. Conformity of the proposed Planned Unit Development with the goals, ohjectives and policies of the Growth Management Plan (GMP). Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the GMP. Con: None. Findin2: The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow residential uses at a density of 7 units per acre that is consistent with the Future Land Use Element (FLUE) of the GMP. 4. 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. Pro: (i) The PUD has been designed to provide similar development standards as the approved PUD developments in the area. In addition, landscaping and buffering has been provided to buffer the adjacent residential tracts. (ii) The proposed development will serve as a transition from the commercial . land uses to the northeast with the residential uses to the south. Con: None. Findin2: The PUD Master Plan has been designed to optImize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. - Pro/Con: Evaluation not applicable. Summarv Findin2: 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. . AGENDA ITEM No. A,2~ OCT 2 4 2000 Pg. /6 < 2 EAC Meeting....................................................................................... ...09/0612000 Brynwood Preserve POO Page 4 of 11 Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". '-_./ Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- development hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4 states, " A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native plant species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity". ,~/ This petition is consistent with staffs policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objective 6.4 in that it provides for 25% on-site native vegetation preservation pursuant to Policy 6.4.6. ..... 0;,;..... VI. . MAJOR ISSUES: ..4. . It , ,. .A~AIT'EI.l No.A!!J OCT 2 4 2000 Pg. :;? Water Manaeement: __..~._....e____~._.., ~ - ..., , I -'--- REZONE FINDINGS PETITION PUD-99-20 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: I. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements ofthe Growth Management Plan. Pro: 1. The subject property is located within the Mixed Use Urban Residential District on the FLUE of the Growth Management Plan. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findinl!s: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within this PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) Summary Findinl!s: The site is located within a density band. The adjacent uses include golf driving range to the north. The PUD also serves as a transition with the approved commercial uses to the northeast with the residential uses to the south. The property to the west across Livingston Road is an existing mixed residential development that is zoned Kensington PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size (29 acres) and is located within a density band and an Activity Center. In addition, the site is adjacent to an existing residential . . :A. . " development. ,,~ ." ~'" ..... EXHIBIT "B" "GENOA ITEM No.:~4J . OCT 2 4 2000 Pl. II? .. -: 1 EAC Meeting....................................................................................... ...09/06/2000 Brynwood Preserve PUD Page 6 of 11 ~ ~~It"" . .~~ir. ;~I"~"'i"I(' ...~~ .. ,f-"'. , r ~t f .... r., '. " -" "",'1' .. to I . . :: . .' .\: I ~"""! ,->' ~ . : .)m~ '.' 'i~~'~;'~ll'JJ,. /~"~~~ G. . ",h.(.... . ~>. ..lit, If.. ~ Iff.., !jl' ~ ~l. '~ ~~1t4~....~~. . .~t t~ ,"~ !~. r :~,~~~~~!~~~ .~! ,:' ~~.; ;~~r~f.....' ~f,~~~;jl~.~ ~~.,*;"~ J. : 1~1,; ;" "'\:'-ro/';:1l ,;If" /... 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"'. .....CI t"~..I".. ~. .....;If,..,!-.~,..''''. ...... ",,, r-; 'j, .... ~ ___' ~'... - . 4 '- -'~ \ ". ~"Z ~ 4 \ ~,.. \ . .... .. . ......, .,"' -: -,ti ..!l'.',....... .:- ~ r ,. --.... . . . . .... " .' ".' ".. .~.. li' . . ..... ~.~ ,:.....!."'..~.... ,/..-'.~",,:o.. ........ __.... ........ , .. .... .. .'~ . -.' .. ." ' //. ,. .~., .,'.,:/. ,~,'. '_ '\ .~~" _ r......... . I . . .. i .' . .' '>, "f.- :~ ~ '. ~. .0.: . _ '. ~ . ~..... ,~.~.,.'.: ~.",~ ...~.{~,..~~. ~)if:.:/. ;"..'1 "',.,'S y. '-., . '.. \ ~ ......t~1'\ .',-':::~;. .' '~." _ '\_ -' FLUCCS Code 624M2 Cypress-pine-cabbage palm/Melaleuca invaded (25-50%) Seasonal high water table elevation was estimated to be 10.75 feet NGVD by surveying the elevation of adventitious rooting on MelaJeuca trees and lichen lines on cypress trees. where possible. The historic high water levels are approximately 1 to 1.5 feet (11.75 to 12.25 feet NGVD) above the estimated seasonal high water levels, based on buttressing on cypress trees and historic lichen line indicators. Two soil types occur on the projecl site. Holopaw fine sand, Iim.estone substratum (Unit #2) and Malabar'fine sand (Unit #3). The predominant soil type found .... ~ -...within the limits of the !>>,operty is MaJ!\,bar fine sand. Tl1is soil type is generl\11 .' - . found' on the 'entire"site with the exceptiO!; of the southwest 'comer of the p ojectt- ~..;~~ Both soils are listed as hydric by the Natural Resources Conservation Servic. No.~ OCT 2 4 2000 Pg. ~r . . ( .~ . 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 ofthe development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (ii) The property fronts directly on a public road thereby providing access to the arterial road network over which traffic from this development will draw and defuse traffic. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summarv FindiDl!s: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required . as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specificaIly addresses prerequlStte development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to . inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. ... .- ...... Summarv Findines: Every project approved in CoIlier County involving the utilization - - - - 'bf lane for some laoo use' activity .is. scrutinized and required to ntitigate all drainage generated by developmental activities as a condition of approval. 3 OCT 2 4 2000 Pg. ~ ~ . EAC Meeting....................................................................................... ...09/0612000 Brynwood Preserve PUD Page 8 of 11 The survey revealed the presence of inflated wild pine (Tillandsia balbisiana) and common wild pine (Tillandsia fasciculata) scattered throughout the property. No other listed species were observed. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-99-20 "Brynwood Preserve PUD" with the following stipulations: Water Management: 1. A SFWMD surface Water Management Permit must be obtained prior to Site Development Plan Approval. Environmental: 1. Remove foot-note number 5 from Table I, "Residential Development Standards", in the PUD document. 2. Amend section 3.4(C)(2) of the PUD document as follows by adding the underlined language. A minimum of twenty-five (25) percent (6.3 acres) of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in section 3.9.5.5.3 of the Land Development Code, or the landscape plan shall re- create a native plant community in all three (3) strata with larger-size planting materials, as described in section 3.9.5.5.4 of the Land Development Code. -" 3. Amend the first paragraph in section 4.2 of the PUD document as follows by adding the underlined language. .Clearing for permitted uses is allowed provided that a minimum of 6.3 acres of native vegetation is retained or replanted within the PUD. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 4. Amend section 5.10(C) of the PUD document as follows by adding the underlined language and deleting the strosl, throllgfllaFlgllage. . -, An exotic vegetation removal, monitoring, and maintenance (exotic free) Plan for the site, with emphasis on the conservation/preservation are' -" , ~GENOYTEM be submitted to' Current Planning 'EHviroFlmental Section Staff for evi~ ./?f.'dJ ./ and approval prior to Final Site Development PlanlConstructio Plan OCT 2 4 2000 Pg. (] I . -. " - ... - 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. Summary Findine:s: The proposed PUD complies with the Growth Management Plan, which are public policy statements supporting Zoning actions when they are consistent with said plans. 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/Con: Evaluation not applicable. Summary Findine:s: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that IS compatible with surrounding and approved PUD property in size and scale. Con: Existing neighbors within the adjacent subdivision to the west feel that the proposed change is out of scale with the neighborhood. Summary Findine:s: The subject PUD complies with the Growth Management Plan while ihe intensity of land uses is deemed acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. . Summary Findine:s: There are many sites,' which are zoned to accommodate proposed development. This is not the determining factor when evaluating . appropriateness of a rezoning decision. . The determinants .of zOl).inR are cons' all elements of the GMP, compatibility, adequacy of infrastructure and to so timing ofthe action and all of the above criteria. the the . GENO" ITEM extfont ~ 5 OCT 2 4 2000 Pg. ciJ.,).. - .. , . EAC Meeting..... .......................... ............. ......... ...... ........................... ....09/06/2000 Brynwood Preserve POO Page 10 of 11 PREPARED BY: j! /~::~f~~(i'~:;~~~./: ." < ~. ;"'.-'---. ,,,' ,-,.>.... f r,-.'\. STAN CHRZANOWSKl,P.E. SENIOR ENGINEER DATE A4~ STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II rfh//fLooo DATE REVIEWED BY: ~rJ1 RAYM V.BELLOWS PRINCIPAL PLANNER ----- {3.;:-....l..OO DATE ~ r ilaJ THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER .8 -2Z-cW DATE ~. J.d' 07J RONALD F. 0, AICP CURRENT PLANNING MANAGER DATE ...;.... '.. .~ a.. .. . ... ~.; ',.. e. . "GENOA ITEM No.~ OCT 2 4 2000 PI. 33 Item V.B ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF SEPTEMBER 6. 2000 I. NAME OF PETITlONER/PROJECT: Petition No.: Planned Unit Development No. PUD-99-20 Brynwood Preserve PUD Brynwood Preserve, Inc. RW A,lnc. W. Dexter Bender & Associates,lnc. Petition Name: A pplicant/Developer: Engineering Consultant: Environmental Consultant: II. LOCATION: The subject property is an undeveloped 29.2 acre parcel located on the east side of future Livingston Road, approximately ',4 mile south of Pine Ridge Road in Section 18, Township 49 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with a few single-family residences in the area. ZONING DESCRIPTION N- Agricultural Driving Range Undeveloped S- Agricultural Single-Family Homes E- RMF-6 Agricultural Hospice Borrow Pit Single Family Homes Undeveloped RSF-5(0.4) w- Agricultural . . -".... Future R.O.W. for LiVingston Road. FP&L Transmissi .n tine'Easement. Mostly Develope! "GENOA ITEM . No. ,/.c{&J OCT 2 4 2000 Pg. ,#. &I ,.~ .. -; PUD (Kensington Park) The PUD Document indicates that the project is intended for 160 residential dwelling units that result in a density of 5.47 units per acre. This proposed density is 1.53 units per acre less than the maximum of 7 dwelling units per acre the proiect is eligible to receive as noted above. As a result, staff is of the opinion that the requested density of 5.47 units per acre is consistent with the Density Rating System of the Growth Management Plan. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent land uses, the location of future dwelling units are proposed to be integrated around the water management lakes and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to primarily construct single family dwellings with a maximum height of2-stories and 35-feet. The PUD document also permits multi-family and two-family dwelling types with a maximum height of 35 feet. The single-family front yard setback is 20 feet and the rear yard setback is 15 feet. The side yard setback is proposed to be 5-feet which is the same as the approved Whippoorwill Lakes and the Whippoorwill Woods PUD in the project area. However, the Planning Commission has proposed a minimum side yard setback standard of6 feet (I-story) and 7.5 feet for two stories. As noted above, the PUD development strategy is one that would allow for a mix of dwelling types such as: single family, two family and multi-family dwelling structure types. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts and with the adjacent PUD zoning districts. Staff is of the opinion that a density bonus of 1.47 units per acre is compatible with the adjacent properties that includes the commercial property to the northeast. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. The Traffic Impact Study (TIS) indicates that the project will generate approximately 970 weekday trips at build-out in the year 2003. Based on staffs analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "c" design roadway volume) on Livingston Road and on Pine Ridge Road at the project build-out. As a result. this petition is consistent with Policv 5.1 and 5.2 of the Transportation Element. It should be noted that Pine Ridge Road is currently operating at LOS "F". Since this road segment is currently being improved to 6-lanes, this segment should operate at acceptable level of service at the build-out of the project in 2003. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Lastly, Policy 9.3 of this Element encourages the interconnection of local streets between developments when feasible. Since the project abuts a proposed commercial development to the north (via a Growth M~agement Plan Amendment), an interconnection appears to be feasible when approved. . .:. " It should be noted that one person spoke during the Planning Comfnission meeting requesting clarification of the landscaping buffer along the western property line. The applicant stated that the existing native vegetation wiU be retained to the greatest extent possible and that a Type "A" Buffer as defined in the Land Development eode will be installed flt>l.along' the 'line. The petitioner also:agreed . to designate asi.ngje-family residential tract along the western property liRe or' theo Master Plan. '. '. '. ." .'.' ...' ~"ITEM No. L:? ~J- OCT 2 4 2000 ... -. 2 Pc. V . . EAC Meeting...................................................................................... ....09/0612000 Brynwood Preserve PUD Page3 of 11 maximum of 7 dwelling units per acre the proiect is eligible to receive as noted above. It should be noted that the BCC has also directed that the base density be reduced from 4 units per acre to 2 units per acre for Agricultural zoned lands designated Urban Residential and that are 50 acres or more in size. Since this 29.26 acre PUD is under this size requirement, it would not be required to subtract two units per acre from its base density. As a result, staff is of the opinion that the requested density of 5.47 units per acre is consistent with the 7 units per acre the site is currentlv eligible to receive. I?SI Consenation & Coastal Management 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 stonnwater runoff, stonnwater 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 lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during stonn events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: OlJjective 6.2 states. '''Tfu::re shall be no unacceptable net 10ss~6f, Viable naturally _... functioning marine and Vesh water wetl~nds. excluding transitional zone w . whicli are aadresseo in Objective'6.3","" . . " . .' . ....,. . .' IoGENOl, ITEM No. ~ "f) OCT 2 4 2000 !'g. ~6 GROWTH MANAGEMENT IMPACT: The subject property is designated Urban-Mixed Use, Urban Residential Sub-district on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is to provide for higher densities in areas with fewer natural resource constraints and where existing and planned public facilities are concentrated. Since the subject site is also located within a density band as designated on the Future Land Use Map, the project is eligible to receive 3 additional dwelling units per acre for a total eligible density of 7 units per acre. Therefore, this proposed PUD is consistent with the GMP. It should be noted that this rezone petition does nothing to impact any consistency relationship with the GMP. Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 ofthe Collier County Land Development Code. ENVIRONMENTAL ISSUES: The project site has is an undeveloped parcel vegetated with pine ftatwoods, cypress and cypress-pine cabbage palm. Natural ground elevation on site range from 9.4 to 10.5 feet NGVD, according to the spot elevations provided in the Environmental Impact Statement (EIS). The subject property contains 25.2 acres of viable native vegetation of which 6.3 acres is required to be retained and/or replanted on site. A total of 4.15 acres of native vegetation have been identified as preserve areas on the PUD Master Plan. The remaining 2.15 acres of native vegetation will be provided in the open space and buffers within the project. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUD-99-20 subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. This includes a requirement to provide a vehicular roadway interconnection to the adj acent properties to the north. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental staff has developed conditions of approval that have been incorporated into the PUD document. The Environmental Advisory Commission (EAC) also reviewed this petition on September 6, 2000 and noted that a SFWMD surface Water Management Permit must be obtained prior to SDP approval. During this meeting, concern was raised that the petitioner had not done enough to preserve the wetlands on site. How.ever, their vote of 4 to 1 recommending denial of this petition did not receive the required five (5) votes to pass. As a result. the EAC made no official recommendation concerning this Detition. , ~"). . ".....,..... . ...... ., . y... .. .. ;.. AGaDA ITEM "l'>-~) .. . -' '. OCT 2 4 2000 Pl. 6'" .. -. 4 EAC Meeting...................................................................................... ....09/0612000 Brynwood Preserve PUD Page 5 of 11 The Brynwood Preserve PUD sits within the Whippoorwill area. This area has been the subject of ongoing coordination to insure that traffic, stormwater, potable water supply, and sanitary sewage collection systems are sufficiently sized and properl y connected. The SFWMD has been handling permitting in this area and will pennit Byrnwood. Staffs only concern is the physical and legal availability and capacity of the offsite storm water runoff conveyance route between the discharge structure and the 1-75 canal. Environmental: Site Description: The subject property is an undeveloped 29.2 acre parcel vegetated with pine tlatwoods, cypress and cypress-pine-cabbage palm. Natural ground elevation on site range from 9.4 to 10.5 feet NGVD, according to the spot elevations provided on the survey in the environmental impact statement (EIS). ~ . . AGENOAITEM . No.~~ OCT 2 4 2000 Pi. ~t" FLUCFCS Code 621M2 Cypress/Melaleuca invaded (25-50%) - - (i) MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENT AI.. SERVICES DATE: SEPTEMBER 6. 2000 RE: PETITION NO: PUD-99-20. BRYNWOOD PRESERVE PUD OWNER/AGENT: Agent: William L. Hoover Hoover Planning 3785 Airport Road. Suite B Naples. Florida 34105 Owners: Davis S. Braverman, President Brynwood Preserve. Inc. 1454 Rail Head Boulevard Naples. Florida 34110 REOUESTED ACTION: To have the herein described land rezoned from its current zoning classification of "A" Rural Agricultural to "PUD" Planned Unit Development district to be known as the Brynwood Preserve PUD. GEOGRAPHIC LOCATION: The property is located on the east side of Livingston Road (C.R. 881) and approximately one quarter mile south' afPine Ridge Road in Section 18. Township 49S. Range 25E. (See location map following page). PURPOSElDESCRIPTION OF PROJECT: The proposed 29.26-acre Brynwood Preserve PUD is a planned residential development that is designed around a central lake. The residential lands are comprised of a singular 20.46-acre tract of development supporting a mix of residential dwelling types and recreational amenities. The list of permitted uses and structures includes single-family, two-family and multi-family dwellings. If approved. the development plan will allow the following: . :--. 1. A maximum of 160 dwelling units with a density of 5.47 units per acre. 2. Open space that includes 4.15 acres of preserve/conservation. a 4.79-acre lake. landscaping and buffering .' totalin~ the: minimum requi\fp 60 perce.nt ope~.space for. residential PUDs. . ,,- ~\ctesspciii1t fo the project is provided from the Liv!ngston Road when constructed. . . 4.' 'The Mastet;.Plan provides for Ii recreational area on the north side of the entrance road and' a' s~ond recreational' area is designated at tlie eastem.third of the project. . . ..' . . .... :.. AGENDA ITEM No. /q!f!l) OCT 2 4 2000 Pg. 7 1 EAC Meeting........................... ........................................................... ....09/0612000 Brynwood Preserve PUD Page 7 of 11 Wetlands: A total of 26 acres of Collier County/South Florida Water Management District (SFWMD) jurisdictional wetlands occur on the subject property of which 23 acres will be permanently impacted as a result of the project. To compensate for wetland impacts on site, 150.0 acres of wetlands adjacent to Corkscrew Regional Ecosystem Watershed (CREW) lands and 1.5 miles north of the Main Golden Gate Basin will be donated to the South Florida Water Management District with long term management funds. Details of the off-site mitigation proposal are included in the Mitigation and Monitoring Plan in the EIS. A total of 3.1 acres of wetlands will be preserved and 0.2 acres of wetlands will be created, onsite, along the western property boundary. All exotic vegetation will be removed and the hydrology restored. If after treating exotic species there are areas where there is less than one desirable tree per 100 square feet, cypress and dahoon holly (I gal) will be planted on IO-foot centers. The on-site preservation area will be qualitatively monitored annually for five years. The construction of Pine Ridge Road, the improved dirt road which is the future Livingston Road, the Kensington drainage canal, and several borrow pits within one mile of the project have impacted the site's hydrology. The roadways serve as drainage divides and have reduced the historic runoff to the site. The Kensington discharge canal contributes to the lowering of the water table. It was determined in meeting with the U.S. Army Corps of Engineers (ACOE) to be most ecologically beneficial to concentrate on preserving and restoring higher quality wetlands on the west side of the property. The proposed on-site preserves align and combine with the preserved wetland system that extends to the north on the adjacent golf driving range. Preservation Requirements: The subject property contains 25.2 acres of viable native vegetation of which 6.3 acres is required to be retained and/or replanted on site (3.9.5.5.3 LDC). A total of 4.15 acres of native vegetation have been identified as preserve areas on the PUD master plan. The remaining 2.15 acres of native vegetation will be provided in the open space and buffers within the project. Listed Species: " ~ In order to review the site for the presence of listed species per Florida Game and Fresh Water Fish Commission (FGFWFC) guidelines, the site was surveyed during the morning and evening hours on at least five separate occasions. Visual inspection of the site 'was in excess of 80% for'each of the .viuious FLUCFCS. ~Yjlt:~.encountered. . ..... AGENO(< ITEM · .' .... No.'~~' . OCT 2 4 2000 PI. 30 SURROUNDING LAND USE AND ZONING: Existing: The entire 29-acre site is zoned "A" Agricultural and is currently undeveloped. lZ9 Surrounding: North - To the north lies the John Ebert's Golf Learning Center that was permitted via conditional use on Agricultural-Zoned land. To the northeast is vacant Agricultural- Zoned Land. East - To the northeast is the Pine Ridge Center West PUD that is currently undeveloped but approved for commercial land uses. The lands to the east of this PUD are zoned RMF-6, RSF-5, and Agriculture. The ingress/egress for these parcels is via Whippoorwill Lane. South - On the south side of the subject site are 5 individual parcels that are each 2-acres in size and are zoned Agriculture. West- To the west across Livingston Road is the developed Kensington PUD that permits 570 units and an 18-hole golf course on 370 acres. This results in a density of 3.36 units per acre. To the northwest is the Related Group PUD (La Costa) that has been developed with 276 apartments at a density of 6.99 units per acre. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject 29.26 acre site is located within the Urban-Mixed Use District, Urban Residenti~i~Subdistrict and within the Residential Density Band around the 1-75 and Pine Ridge Road Activity Center as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 10 . . -:: FLUE and Densitv - Properties within one (I) mile of an Activity Center are eligible to receive three (3) additional units per acre. The GMP indicates that the intent behind providing a density bonus is to encourage <:ievelopment of theseurbanparc~ls anI! to take advantage of ~,w" ;j1g p~lic facilities.andutilitiesllyailable lD. the area. 1;hisshould also discQU~age development ou~side exisling urban ar~as and into rural are;lS 'of the _. ~ cou~t~. The FLUE penhits n;s~denti.al dwe!!ings sU,ch as thoseu)1iis provid~ in t~e Brynw~ Preserve PUD.' .' AGENOA ntM No. /.5l. f5? 2 OCT 2 4 2000 pt. q . .~. -. .. , , - EAC Meeting....................................................................................... ...09/0612000 Brynwood Preserve PUD Page 9 of II approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. - . o' .".,. ~ ..... " . . . '. "~~lEM No.~ OCT 2 4 2000 Pg.~,:J...- Conservation and ODen Space - The PUD document indicates that a combination landscape, lakes, water management areas, and qualifying open space areas exceeds sixty (60) percent of the gross land area. The PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC and by re- vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Manal!ement - Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no HistoricaV Archaeological Survey and Assessment is required. 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 an historic 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. EV ALUA TION FOR ENVIRONMENTAL. TRANSPORT A nON AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, along with the Transportation Department. The Engineering Staff has recommended that the petitioner revise internal road section on the Master Plan to provide an internal sidewalk & bike path out to Livingston Road, which will have both. The Environmental Impact Statement (EIS) indicates that the site contains habitat suitable for numerous species of plants and wildlife. The Environmental staff has developed conditions of approval that have been incorporated into the PUD document. The Environmental Advisory Commission (EAC) also reviewed this petition on September 6. 2000. During this meeting, a concern was raised that the petitioner had not done enough to preserve the wetlands on site. As a result, they voted 4 to 1 to recommend denial of this petition. Since this motion did not receive the required five votes to pass, the EAC made no official recommendation concerning this petition. Lastly, the Transportation Department has requested that the streets within the development be private. ANALYSIS: . Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative. culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment. and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be. in the opinion of staff. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliallce, non-eomplillnce. ot,CQmpliance with mitigation. These evaluatio.ns are completed a~ seearate . documents and are 'attached to the Staff report. Appropriate evaluation of petiiions for rezoning should .-. '. establish a factual bllSis for supporth;e action by appointed and elected deCision-~ers. . . . M>ENO" rre . . ,'." . . '. . , " ~ '4A) OCT 2 4 2000 Pg. /1 4 .". " "'-"" , EAC Meeting...................................................................................... ....09/06/2000 Brynwood Preserve PUD Page 11 of 11 ~?1/[~~ ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR K /ZZ-c-/J DATE APPROVED BY: ~- VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT ADMINISTRATOR J> -~ -old DATE ENVIRONMENTAL SERVICES & - AGENDA ITEM No..6@J OCT 2 4 2000 Pg. 3'1 COLLIER COUNTY APPLlCA TlON FOR PUD REZONE PETITION NO. P U D 9 9 - 2 U COORDINATING PLANNER:RA Y !?e/-fJ.xJj ~~~~~~~;1' i i~:;i I DATERECEJ~", 1 ,,_101 ~ t- i..-l iJ ~_; (_J L.......... ----------------------------------------------------------------------------------~.=---:=~-==~-:=:---::~-~---- Applicant Name (Agent): William L. Hoover. AICP. of Hoover Planning Address: 3785 Airport Road North. Suite B. Naples. FL 34105 Phone: 403-8899 Fax: 403-9009 Property Owner (Petitioner) Name and Address: David S. Bravennan. President. Brynwood Preserve. Inc.. 1454 Rail Head Boulevard. Naples. Forida 34110 Phone: 261. 6434 Fax: 261-6434 Detailed Legal Description of Subject Property: Section l1L Township 49S Range 26E The North 1/2 of the South 1/2 of the SW 1/4 of the NW 1/4 and the North 1/2 of the SW 1/4 of the NW 1/4 of Section 18, Township 49 South, Range 26 East, Unincorporated Collier County, Florida. Property Identification #: 00286040004 (Ciabattari Land) & 00285920002 (Polito Land), Size of Property: 990:t Feet x 1.29O:t Feet = 29.26:t Acres General Location of Subject Property: Located on the eastern side of Livingston Road. approximately 1/4 mile south of Pine Ridge Road in unincOlllorated Collier County. FL. Adjacent Zoning and Land Use: ZONING N . Agricultural S . Agricultural LAND USE Driving Range north of our western 1/2 and vacant north of our eastern 1/2. Vacant with 2 sinlJle- family homes. E . RMF-6. M:ric. & RSF-5 W - Agricultural and then POO Hospice. borrow pit. and 4 single-family homes. Livingston Road. 225' F.P.L. Easement. and Single-Family homes in Kensington POO. Existing Zoning: Agricuhural "~YJJr No~ OCT 2 4 2000 Pg. ( ?6 ~ ~ Proposed Land Use or Range of Uses: POO with Pennitted Uses of coach homes. attached villas/patio homes. townhouses/condominiums. lJ.arden apartments and single- family homes. Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire contiguous property: No. Has a public hearing for a rezone been held on this property within the past ] 2 months? If yes, please write the rezone application number. No. I s this property currently vacant? Yes. land use and all existing structures. If the answer is no please describe the current C2, / ~ --./ 2fu::z . /1./~- CA:. --:Jh X. , I. ,....e',.; Signature of Petitioner 7-,::( ~~ 99 Date · If petitioner is a corporation other than a public corporation, so indicate and name officers and major stockholders. · If petitioner is a land trust, so indicate and name beneficiaries. · If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. · If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated on the lease. · Ifpetitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. The petitioner is the contracted purchaser of the subiect propertY. The southern 1/3 of the subiect land is owned bv Martie Polito. ]26 Church Street. Apt. #3L. New Rochelle. NY ] 0805 and the northern 2/3 of the subiect land is owned by Mary A. Ciabattari. 483 Ashford Avenue. Ardsley. NY 10502. The oetitioner. Brvnwood Preserve. Inc.. is a Florida corporation with David S. Braverman. as President and Secretary. and Richard Comp~none. as Vice President and Treasurer. "GENOA ITEM tW>A:2{dJ OCT 2 4 2000 Pg. <31.. r NOTARIZED LETTER OF AUTHORIZATION RE: A Portion (9.8 +/- Acres) of the Proposed 29.3 +/- Acre Brynwood PUD, Located on the Eastern Side of Livingston Road Approximately 'I. Mile South of Pine Ridge Road, in Section 18, Township 49s, Range 26E, Collier County, Florida To Whom It May Concern: Please be advised that Brynwood Preserve, Inc., has the subject property under sales contract and has permission of the property owner, at Brynwood Preserve, Inc., expense, to apply for PUD Rezoning, Site Development Plan, Environmental Resource Permit, and related developmental/permitting processes for the subject project. Sincerely, ,J / .,/ ,fJ ~ . ----1./ c/...2,''l/-/ rc(i...H Martje pEffito, Property Owner STATE OF-FLOK.lVA /1)~ yO-z./c. COUNTY OF .GOLLldt 'it...,. / j_.. {ues~<-?Jr>~ The foregoing instrument was acknowledged before me this 3o-}+.J day of \ /2 ~ ' 1999-{Jy /lInV,r U /, h who is personally kno to me or has produced ./;Jin /e (!.A7L{;) /d ..,-//.3 7:2,/)/)0"0 <? -; 3 $ 7:>-. as identification and who did (did not) take an oath. to/a 2- d~ (l'~ y6tarv Public, State of FI'eIid<r I f -- tJeu.J ,.v",,-,( My Commission Expires: s;1V'61 SUS"N C TESTA Notary PublIC. Slate ol N"" Vrv\ No 4857971 Qualified Ir. We,t"""'tor Count, CommissIOn EXPIres M~y 5, 2000 AGEND" n'El No.,.h(& OCT 2 4 2000 Pg. <3'1 \\Filc-server-lle\9g.0063 Livillgston Road Single Family Rcsidclllial Brynwood Preserve\P UD. ElthibiIS\NOlari~ed Letter of Authorization 9\1acres,d()(: , . "~ NOTARIZED LETTER OF AUTHORIZATION RE: A Portion (19.55 +/- Acres) of the Proposed 29.3 +/- Acre Brynwood PUD, Located on the Eastern Side of Livingston Road Approximately v.. Mile South of Pine Ridge Road, in Section 18, Township 49s, Range 26E, Collier County, Florida To Whom It May Concern: Please be advised that Brynwood Preserve, Inc., has the subject property under sales contract an.d has permission of the property owner, at Brynwood Preserve, Inc., expense, to apply for PUD Rezoning, Site Development Plan, Environmental Resource Permit, and related developmental/permitting processes for the subject project. Sincerely, 1). 1/ -h.1~ Mary Ciab ari, Property Owner STATE OF HORIDA #~.CJ 'I~e../C. COUNTY OF COLLlI:R Wesr~eSi-€'1e.. The foregoing jnstrument was acknowledged before me this G day of . fLu G cI 5 r , 1999 by /h ffK'I C ; If /'3 /J ,ff7l /(, who is personally known to me 01 has plUduced as idcfltifieatiefl and who did (did not) take an oath. ~t...#t?~ T /~~-t<< Notary Public, State offleriaah'G-ltI olUe. My Commission Expires: ANDREA T 1lOSEN8Bl1l1' Nota'y Pubic. Stole 01__ NO. 01 R04936S09 QuaItIed In West_ County Term &;:tiw: September 6, 2 C' C C .~ AGENDA ITEM ~.~.(P OCT 2 4 2000 ..3f Pg. \\filt'-KlVi:r-l\e\98-0063 Livingston Road Singlt Family Residential Brynwood Preserve\PUD Exhibits\Nolarized Lenerof Authorization 1955 acres,doc LIST OF PROFESSIONALS WORKING ON pun REZONING Christopher O. Wright, P.E. and Emilio J. Robau, P.E., RWA, Inc., 3050 N. Horseshoe Drive, Naples, FL 34104 Phone # 649-1509 Fax # 469- 7056 William L. Hoover, AICP, Hoover Planning, 3785 Airport Road N., Suite B, Naples, FL 34105 Phone # 403-8899 Fax # 403-9009 W. Dexter Bender & Associates, Inc., 2052 Virginia Avenue, Fort Myers, FL 33901 Phone # 334-3680 Fax # 334-8714 n ~ m JUL 2 9 i999 II I '-.-~ " .JU: "1QI:5 . ! -._~ 011 c ,,,"far ---- d'..d -----.--N6.~P.J . OCT 2 4 2000 P U D 9 9 2~. 3'1 ';>~3137 AEC~RDED... n .,/:fc'("o",,,,, .l""OTOI orr394 658 OI'1ICt.... "~ "')i1~CO IJ flEe '^vl '"(t';.L','n . "'" '" ~,. I r . . A. D. 1971 BETWEEN \,,'{LLL'~1 I~. I'H:.i<J"n'N and U'Cl' V. i~I:;w-r(J~;, hir; wife, un 9-20 \' . pi ,,,_ Coun', o( -s.../ ';.",(4.~ . in rh. S'o'. 0/ t'lissouri . port ie,o;: o( ,1../1,..' parl,.nJ I NAl1iJ\NI !:::J PI LITlJ 8:1U l'L';lrrJ~ l\ILI'I\), his wife, I 0/11.. CO,,"," 0/ . '" ,,,. 5,.,. 0/ [Jew York who.. pmll C11/te. .,u,.... it I 155 Clarence part ies 0' ,I.. ~ peri. 1Intntssdh, TI.., ,,,- .olJ pan i es 0/ ,Ia. 'In' 1*1. I.,. .nJ. in C'OIUwl.,..,~ of tI.I' .UM 0/ TEl' (S 10 .00) oou.... '0 them In I..ancl polJ. L, .h. eaid pari ie s of ,,,- ..conJ pearl. ria. NCftpf ....Iwreo/.. s..,..", d......l. .dQ.J. Iaa ve Ilranl.J. fH>>roo1nacl, .IWl ~Lllo IIa.. .,ud pari i~s o',"-.~ pari. the ir "-IN anti aulQru fCW'ftl~. ,I.. /o'L-ing JacnIMJ land. .Uua'., and .....nv In .h. COUll" of Co 11 ier St.,.~! I;'lnrida . 10-"': 'Ll'.(: N,;rth 1./; ,-.1 the 5~lth 1/2 tll the s',n/iJ of the !\1.n/4 of Sectb,n IS, 'fQwnship 49 South, ;{B.n~e ?ti East. SVB...'EI:T to en easement CiVer thE> West 30 f~et thereof fDr r\>B.d richt -of -W8)'. /'.LS(:, this deed c;.m- veys without ",'erranty '.)f t it Ie an easement nver end acrC'lSS tht: L!e:::.r: 3G feet and the South 30 feet of the South 1/2 of the South 1/2 oi th SwIlll of the i,1:1/4 of Sl.'ct:l.lm Ifi, Tmmship 4<j South, RaOf€ 26 l::ast, for read rieh:.. -Of-\oiBy. SUBJ seT tll restricti0ns and reservatif)n~ or T.ccord. l~oau, Scarsdale, Ne\.t York 105&3 ~ rcr'.IMENTAPV == ~ .~,. , .' r. .. ....-/ SUR lAX ~ no . > .~,~f1~ FLORI <,< ~ . . ~ I:: I 5. 4 0 I ~ :;: r~ ..:" ';7"1~"""1 - c"" -. ~ 0" .n ~ IUZi ~ J g.,] .... ....jC ,ll O~:; U.! \II" t-l hi] eil ~'I U And' alae ,CUJ pearl ie~ 0/ ,h./iral port do k.,..L,luI1, waman"Iw ude to ..,d land, and will d./."J the ,.".. "",cd",' II.. lawful d.l"" of aU ".,..oru w"o~, In lIfitntS$ 1IIhtrtof, TI.. ,aid paI'f i e s of II.. Ii'"~ port I.. \P. h.,..unlo ..1 hand sand.-.Is ,1.. da, and ,.or /i,..' abo&>. wrlUen. ttlei!" . ':"~ff??:~=:'~ ~~~!:::1::;'kCl"""'''''''}' COUJrn'Y OF~. ~,.,~ .........j1...L~~....~?Z~".a::~ _........-~~.i...7~.~Z..___ I HERE.IY C!.I\TIrv ..., an lb. da,. before _. .. oIrJCa' d.Jr ..~ in t:he State -'-id .JMI i. the Cou_", dornaid .. .... .ck_~ ~ ."..,.,. WILLIAM B. N!;,WTON and WCY V. NEI< llJN. his wi fe. 10 1M ~ to be dw per.. S ducribed iJr, and who cuaatecl 11M forqom. iMlruDMDI.ad they acbItwWpd Won -.e", the)'aeculell....... _ ~ WITH~ .., bad ... olrldal ~ ;. the Ccnmty and ''''Ie ... aJorw.W .. :?-?..a iPl/.uJ.,1 A. D. It 7l. . .....~_. ...'7 . "'::a~?f./ 4uu~~__ ...,,, ...... '.: :/..... .. . . .. ~.. Mr.tommi$$ion expires May 14, 1~7~ .; > ..,:-~~ . ,'/:~'/. Tlris ''';;';''-.' '. . .J.I...L.."SK,l'~.' . '..J.~'('~. AJJms nus ~~j~';'",~m m w"'" I. ,onu., F(M BPOKlIl'$ TIN" "'.T'IIACT <.0,. 1"7 "'NT,", s.,.rn, NOlIITH, ftUI.-LU. 'VIt.~ IN CO'INh';'IO'" WITH TMl 'S~VANC.r >)I r.lU IN!oUllMC', .~IrtO"~'fIr""'heIl .. cou.ln COUNTY, fLOIlIDl' MMGMn T. SCOTT C'-'--'On.IItCeurt ~1TEM . /~.tJ) 24 2000 I,/t> .' NOTARIZED LETTER OF AUTHORIZATION . ---- ) RE: Proposed 29.3 +/- Acre Brynwood PUD, Located on the Eastern Side of Livingston Road Approximately y.. Mile South of Pine Ridge Road, in Section 18, Township 49s, Range 26E, CoJlier County, Florida To Whom It May Concern: Please be advised RW A, Inc., 3050 N. Horseshoe Drive, Suite 270, Naples, Florida; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and W. Dexter Bender & Associates, Inc., 2052 Virginia A venue, Fort Myers, Florida 33901 have been officially engaged by Brynwood Preserve, Inc., 1454 Rail Head Blvd., Naples, Florida 341 10 to act as authorized agents and to request necessary applications during the PUD Rezoning, Site Development Plan, Envirorunental Resource Permit, and related developmental/permitting processes for the subject project. -~, I STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~l day of JlllU , 1999 by \\ovid ~l'llJP("'(lY1 personally kllown to me or has produc"d J i (' e Vl 'Sr' as identification and who.did (~) take an oath. \. h- j 11 ?i LN-D-. o....nM Notary Public, Sta~f Flonda My Commission Expires: '\ .1. O~ who is l$.I."ni!ij,-. TOCI}. BURGHARDT [.( ,.., MY COMMISSION.cC 852689 "'i. 'iff EXPIRES: Ju~ 7.2003 .if.,ff::.~."" BondedThruNolIryPublicUnderwrilen ~~)jJ ---y- OCT 2 4 2000 \\FilC-$CfVcr-l\t\98-Q063 Livingsj<;m Raid Single hmily Residenli.l Brynwood Pre5eM\P.U,D. Ellhibiu\Notlril.ed I..ellctof Authorization.doc Pg. .;,( :J ;:;'t;11l Lv. !jh'IIMUUiJ GiJHr'UHA]](m 941597751/ 06/02/991Q:14AM Job 254 Thu J,o!'.; contmct provided OJ a COUT'~ to. ~ I' . MiL mJonnntion to Coth" Coun sy )UU _awyen AbjlTlut St1vtct, Inc., fmroiding abstracts a,1d r'" -;_', :-;'.' :-="; r~~ r:~A ty JOT 42 ytars. ka.u {.flU 774-2627 Jar all your lillL infcmntllion f1b'dJ. ,fly.1li :' ~ .'.', i 'u' f1 SALES CONTRACT ; !' ....- ,~-~ jl! (NOT FOR CONDOMINIUMS) ;: :fl iri It:: r, () ~_')qg ij l;: 1.1(./;__ I-~ 0 I......... !d U I~,,,,-;--c.; --,--".......-IU U'-JV'-J..J c..J I I , __~_______u_~._~________ HARTJE POLITO (lJ:; RICHARD COMPAGNONE BUYER; ADDRESS: PUD99-2<1-' 126 CJnJRCII STREET 11983 TMlIAI1I TRAIL "NORllI ADDRESS: #3L - NEW ROCIIELLE, NY STE 104 - NAPLF~, FL 34110 UPON THE ACCEPTANCE OF THE OFFER (OR COUNTEROFFER TEAMS AND CONDITIONS WHICH FOlLOW Ih I ) the Sell.lf has agrMd 10 sell and the Buyer has egreed to buy UPON THE , e reI property legality described IS: SEE ATTACHED - EXHIBIT A. APPROX. 10 ACRES logelhel with tixlures, including bUill'im~mb!~~lfYJ~k:t~~xx~~r, dryer. Ii".d on Ih. '"ac~\'l(h~l~x'mx'.il'.fhlh' lollowing '10m. ." . XXXXXXXXXX*lCXXXXXXXXXXXX real property only unless otherwise staled. wall-Io-wall carpeting. window cO\lerings. and . . ' and !he personel property, it any. as specrllcally excluded hom this tcnhillcl: The purchase price is allocated 10 1. PURCHASE PRICE: The lotal purc:hase pnce shall be (U.S.) payable as lollows' $- (a) Inilial deposit in escrow at this lime 01. $ _ (b) Additional deposillo b. received in .scrow on or berore _ days after Ett8dlve Date as delin9d below In the emount of .... .... $ (e) Proceeds 01 mortgage. iI any, (See Par 3(b)j . . . $ (d) Nole and mortgage to Seller,ll any, [See Par 3(c)J . S tel Other .. ....$ (f) The balance ot the purchase price by local tertilllK! check, wire lransler lunds, or local cashier', check It closIng, subject 10 adjustments and prorations, 01 approximately ..,.. Deposil checks ere aa:epl9d subjecllO collection $ - 2, CLOSING AND POSSESSION DATE: Closing shall occur at 8 lj~ay and place selected by Buyer in the County in which the property is localed, but upon reasonable notice 10 the Seller, on SEE ADDFl1 ,19_ (or prior \0 lhal date with the written consenl 01 both parties) (thE 'Closing DaleO); plovided, however, in no evenl shalllhe Buyer bll required to close less than two (2) weeks after the dale on IldWch lhe mortgage cornmitnent has been otIteined pursuenl toperegraptl3 below, Buyer shall bfllhe legal owner 01 the property 8S ollhe closing and Sellel shall give possession 01 the property al clollng unless otherwise provided hereIn. 3. METHOD OF PAYMENT I FINANCING: (I) t X J Buyer will pay cash, with no mort9<lge commilment contingency (tin ] MORTGAGE COMMITME.NT CONTINGENCY CLAUSE: 8l.Jyer', obligations are contingent vpon Bl.Jyet obtaining a mortg<1ge commilment on the ,eal property described h9fein in the amount 01 $ or _% 01 the purchase price {WI in On& alternali."e} al a (1JI IlilledOf' (2) ( J Initial interfls1 rale nollo exceed _,." per year for an alTlOrllled lerm 01 nol less than _ years with e balloon nol sooner than _ years (If nO box Is checked (1) shall be deemed 10 .pplyj, Buyer shall, et Buyer's expense, make 8 prompl applic8lion for anda!iJOOd laith eflort 10 oblain said mort~ge commItment. II Buyer fells 10 obtain this loan commitment on or betOIS , 19_ ('Ie c.ancellalion period shall be 6 weeks from !he EHective Dele unleu a diffellenl period Is inserted in the pl.ceding tllank) then lhis oonlrect nil Sland lermif'l8ted and the deposit(sl win be retumed 10 Buyer unless within such period Bllyer waives this mortgage conlingency in writing or tte parties mulually agree in wrihrlg 10 e:t1and the mortgage contingency P'locd Within said conlingency period, Buyer shall notify Seller in wr~ing upon receipl of the mortgAge Commitment. Buyer's lallwe 10 notity Seller In wriling thaI Buyer has received said mortgage oommilmenl during ". contingency period shall entille the Seller 10 termlnAle 1t18 conlrBcl by notification 10 Buyer In writing and the deposil monies shall be rslumed" 10 Buyer. (c)( ] PURCHASE MONEY NOTE AND MORTGAGE shall havllthe following economic: and paymenllerms: The original princ:ip81 amounl shall be S ,with an annual inlelesl rale of _ %, amortized over ~ years. The p.riodic payments sha.: ( 1 include interest (each payment the same) OR I ) be plus Inleresllhen due (payments decrease wiltltime) AND be payable ( 1 annually, ( J semiannually, [ ] quarterly Of ( J monthly_ Th. Note Of Mortgage will provide lor e rIVe percent (5,."') penalty if paymenl is not made within liMeen (15,) days 01 the due dale, will reQulr' the Buyer 10 keep the Property insu.ed, wilh Seller named as an additional named II'Isured. against loss by fife (and lfood. if in a floOd lone) with coverllge In an amounl nolltln than the Olealet ollhe tnalIimum in$ul.ble yaJueOf' lull replacemenl value lor lhe Property, The Note and Mortgage wnr otherwise contain term, andcondilions that are customary in Purcl'lase Money Mortgages encumbering pfoperty In Collier County, Florida. The Buyer ahall be personelly Heble on lhe note which shaH be due and payable (or baUDon) in lu" _ yes" .her closing, Buyer shell "Ive the rlghllo prepay ell 01 any part 01 the principal al any lime with inlerest to the dlle of paymenl wilhOuI penalty except no prepaymenl in Seller's liscal yeer 01 ClOSing is permitted without Seller's consen!. The Purchase Money Mortgage shall conlain a dI.le~.sale Clause. IF NO BOX IS CHECKED, (a) SHAll BE DEEMED TO APPLY. " EVIDENCE OF TITLE; Within twenty (~Ol days aNer the E"eclwe Date ollhis conlrac1 or twenly (20) days prio. to closing. whichever is earlier. Selle.: (1) ( ) shall deliver to Buyer e complele abslract ollitle from 8 company salislactory 10 Buyer, cllrtllled to I\le dale ollhis eonlr~l; or (2) [ J shall pay, al closing, Jt50-,-OO }award lhecosl 01 Buyer"tille avidence and insulance.1I no box is thttked, Ihe Seller ahatl . abslract 01 litle. The abstlad 01 title evidence wUI show good and mar1o.elable title with legal <lceess subject only to !he lollowing exceptions: (a) rell property ad valorem lillIes lor the yEW 01 dosing; (b) loning. buIlding code and other use reslfic1ions Impose-d by govemmenlal authority; (el outsla1ldlng oM, gas and mlflElr81 inlerssl 01 n,co,-d, II any; and (d) reslriclions and easemenls common 10 the subdivision, provided, howey..-that no one ollhem shall prevent use 01 lhe property for the purpose 01 J.lF!=:T nF.NTIAI. . 5. INSTRUCTIONS fOR TlTlE_ Atleul15 days prior 10 cloSing. Buyer shall dellvetlo Seller thl' name(SI.lldd.ess(esl, manne' jn whichtille WI" be taken. and any asslgnmenl{s) thereby reQuired No essignmenl shall release Buyer horn the obhgabons 01 this conllact unless Seller consenls in wriling. "U1" I IJf oJ "'{II for (muf(l This IS n 1/ flafl" run/racr: Paflt 2 /J on rht hac. of PaNt J. PaRt 4 u on .11" hal! uf PURt J. Page A ITEM No. ~) OCT 2 4 20~,] Pi. 1"-v ;;J~'I'l U\. l.JllTI~h'UUu l,UHI-'UH/\11UN !:141b8//b1i Page 211 06/02{99 10:16AM Job 204 23. REPRE~ENTA"!'lONS AND WARRANTIES: AI rlpr...ntatlon, and w,"'"'_. H any, mul1 be wrlllen iniD thi! contrlC!: otherwi.., ......rw none. Buy., s ded3~ to.buy wasbaled upon ~uy.(, own Inve'Ii9aUon of th. Prop.rty. Buyer holds Itl. brotter(l) hermle.. from aM IabYIty or loss ~used by Seller I falluf. to disclose rrIIl8nal tacts " .ccordance wittlltlls contract, r~r.M0\8Uont I1lgllrding Ihe property', condition, or broiler' rIlf&naJ, recommendation, or "l'nllon 01 l1lyv.nOOr, Thfl p,.rtl" egrlWllh.l.ultllAnoe10 . plrtyby I brokel doo. nol anllwfll not make the broker re!lpClOsibfe lor performanc.. Each party (S.lter or Buyer) II. and wUI r."...In, responsible lor thet partie. per1~ 01 the obiiQation. oltheconlfact. 24. PERIOD OF OFFEA AND EFFECTIVE DATE: Ttlis ~or any counl.rafter I, revoked If n~..eoc.pled and notice of eoceptanoe deliver8d 10 olleroror the counlerolferor by ...b.:...OCL~JIWM,' , 1~ Thistimehmit5hellapplylOalloll'e" and counteroffers unless Olherwls.e staled. The Effeclive Date ollt'll, COnllad .hell be the lasl dale either 11'I. Buy... or Seller ligl"ll or nltials fl. eontrac1, IniI~19d ch&nQ8s must be elated Of Ihe 181e,l dale sel forth 01"0 this contrec:l shall be deemed 10 be the Eftective Dati. A laeslmllewll be deemed 10 be an onglnal. OfIi!1f and acceptant. by facsimIle Is binding. 25. BINDING CONTRACT AND PARTIES ADVISED TO SEEK LEGAL COUNSEl: THE PARTIES ARE NOT REQUIRED TO USE ANY PAR. TICUlAR FORM OF CONTRACT. TERMS AND CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS. OBJECTIVES AND BARGAINING POSITIONS OF ALL INTERESTED PARTIES. APPROVAL OF THIS FORM BY THE COUIER COUNTY BAR ASSOCIATION AND BOARDS OF REALTORS OOES NOT CONSTITUTE AN OPINION THAT ANY OF THE TEAMS ANO CONDITIONS IN ntlS CONTRACT SHOULD BE ACCEPTED BY A PARTY IN A PARTICULAR TRANSACTION. THIS IS A lEGAllY BtNOlNG CONTRACT FOAM. EACH PARTY ACKNOWLEDGES THAT PRIOR TO SIGNING THE CONTRACT THE CLOSING EXPENSES HAVE BEEN EXPl.AINED AND THAT PARTY HAS BEEN ADVISED BY THE REAL ESTATE BROKER TO SEEK LEGAl COUNSel AND TITLE INSURANCE TO PRO. TECT THAT PARTY'S INTEREST IN CONNECTION WITH THE TITlE STAtuS AND CLOSING OF lHlS TRANSACTION. BUYER AND SEUER ARE ADVISED TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, PROPERTY CONDITION, ENVIRONMENTAL. ANDOlHEA SPEClAUZED ADVICE, THIS CONTRACT SHAll BE BINDING UPON AND INURE TalliE BENEAT OF mE PARTIES HERETO, THEIR HEIRS. ADMIN!STRATORS, PERSONAL REPRESENTA,TIVES, AND SUCCESSORS IN INTEREST. 26 OTHER TERMS AND CONOrTIONS: c:.F.F. ^TIA(~IIF:n AnnFNnllH PLEASE READS 17, '8 ANU 113. PARAGRAPH Actual number of ac['@1'l to be determin~d by finnl land survey. SelLER: BEfORE SIGNING THE PARTIES HAVE ruEVIEWED THE ADDITIONAL TERMS AND CONDITIONS , ,ur"~~"':":~ r~a! ',t'~~1d~" & SMlwI! Is an ~l!f111y ~ATlId.'1l'I '1 !, .', ." I,.,~, 1",_' "'ro,;,,.:,,", e,"",;! I':r.1!F"Jr r~'l"''''~!:M .._' flLu IN 'f () t.; 1", 6UYER, .;7 (Slgnalure} HARTJE POLITO IS RICII^RO COMP^GNONE (Print Name) DATE: (Prinl Name) J/~6/~1!f""'ID' ,:) 77- 41'1-3/5"9 DATE, ..,t. /0/9 ~ / ' TAX 1.0. SEllER: BUYER: (Siglalure) (Sl~'ure) (PrInIName) (Print Name) DATE: TAX 1.0.: DATE: TAXl.D. (Seller) (Buy.r) hereby re)ecb the otter or counteroffer, elrde OM (Intultl) .eknowledgrnKlt 01 Aul Estlte Brokers: The Seller acknowledges thaI COLDW~I.L BANKER MCFADDF.N ,It the ~sting r88leslale broker. The Buyer ecknowledge5 thai COLD\JELL nANkF R Mr.FAOnFN R. <:;PROWI c:. eslatebrclAer SPROlJT So it is Ihe selling rul DEPOSIT RECEIPT ] cash or (X}chtcll.thla 1"" b /0 , tg-2L.., 10 be helcl W'I escrow pet" Receipl ollhe initial depo&it Is acknowledged by ( terms and conditions sellorth in this conlract. G....d/~ I-I-e./ ~r/"',*'''rL Q...:.r;, A rl ~~ MO ,,~..,~II a. p'. - ~ ....~lIql' 7,.4. By, DEAN C. HUFF tis duly lluthorlzed agenl. (Insert Name 01 Escrow Agent) C 1997 Naples Area Boerd 01 REAl TORS- and Assoclalion of Real Eslele Profession.It,Inc. AI Righi' Reserved Approved by tle Marco IMId Area Assocl8lton 01 Realtors' and the Conier County Ba, Assoclalion. 1'08' 4 r'IJ 4 Nor For (",."do. 71m IJ a 4 pagt (on"a((, Palt 2 IS on rfr, b<Jd r'IJ I'IJS~ J; Pag,. 4 u on rh,. bar!. af ptll~ J l I "GENO" lIE. No. Lf(.t1J OCT 2 4 2000 .t,&/ Pg. ~ent by: BHYNVlUOU COHPOHAIION . t 0,01 !-'"..."I,', U41~977517 ~41 435 1)1@ ~~ SHOREI lNr CO~Sl; 06/02/99 10;27AM " Job 255 Page biB FROM : GOODLETTE , COLEM~N 941 435 1218 1998.02-10 1G~se M098 P.~l '06 ADDENDUM TO SALES CONTRACT l~. PROPERTY DESCRIPTION The Property de5cription fouod on page one of the Contract includes an utilitie~ and road rillht of way5 located within or appliCllble to the Property. PERJOD OF OFFER AND ACCEPT ANCP.' The period for acceptance of this Contract is hereby e"'''nrlerl to 0'00 p m February 12. 1998 CLOSING AND CI.OSiNG CONTiNGJiliCW-S' Closing is cooditiolllll upOn all of lbe following. (1) Buyer'5 ability to obtain, prior to closing, all necc..ary development permits, and the expiration of any and all appeal period. for ruch permits without the revocation of any such permit. ., ,'.l ,\~, (2) Tbe expiration of the Duc Diligence Period as defined below without Buyer providing Wlilten notice to SclJer of intent to temlinate thi5 Agrccmcnt and Duyer'. acknowledgment thut the Property u; suitable for the purpose of constructing a mininrum of family residences on the Property. with each lot consISting of a minimum width lcclll1 oloer to satisfy this condition IN.~ P) lluyer's ability to close on tbe adjacetllland comi.ting of arprmtimately~O acres owned by Mania Pvhtv. This provision sball survive the closing 1"1' ".j C',~I.\)fi;..~'/ (4) The l'ropc:rty i. not designated as habitat for tbe Red Cockaded Woodpecker or any other endangered .pecie. and no active nests are present on the Property. (5) Mitigation rMeS issued for the Properly lire acceptable to Buyer in Buyer's sole di~retion. In the event any of the above described contingencies are not satisfied, Buyer reserves the right to terminale the Contract and receive a full refund of all amounls deposited, including any interest accrued lbereon, if any. Buyer shall close on the purchase of lbe Property upon tbe later to occur of. (i) 30 days from the issuance of all necessary development permits, assuming all periods for appeal of such permits have expired, (ii) 30 days from tbe expiration oflhe Due Diligencc pCllod described below; or (iiil 5 days nom the expiration of aU appeal perio<b relating to ,he issue of any and all development permits mlE DIl.lGENCE: Buyer shall have a ninety (90) day due diligenc" period from the effective date of the Contract, during wlllch lime Buyer aod/or its IlBcnlS or designers shall have tile rigblto enter the p'npeny to perform engineering studiC3, appr aisals. surveys, soil tests. and any olher invel<tigations of the -- ,III:M No.,~ OCT 2 4 2000 Pg. #b Sellt lJy: BHYNWUOlJ COHPUIlA1JON 9415977517 06/02/99 10:2BAM Job 255 Page 71U 1,1:1 II.IH n SHOREllNE l~0tJ!;!; II;> FPO"1 : GOODLE TTE. COLEHnf\l 9-41 ~36 1218 1998.02-10 15:51 "035: ~'.C2 '('1'= propcny which Buyer deems neccssary or reasonable in connection with the proposed purcba._e JJ C Buyer may also use this due diligence period to investigate tbe .uitab~ity of the Property for its IL.' ultendcd use. IfBuycr is not satisfied with the Property by the expiration of the due diligence: period, Buyer shall have tbe right to terminate this Contract and is entitled to a full refund of all sums depOl:ited, including any interest aC<-Tuoo thereon, if any. In thc event Buyer doe. not provide Seller written notice of intent to terminate this Contract by the expiration ofthc due diligence period, Buyer shall provide Seller Wlth a schedule ofprogre.ss and an anticipated Closing Date, subject to all of the dosing contingencies enumerated above. ASSIGNMENT Buyer shall not assign thi. Contract without Seller's written consent and Seller's consent shall not be WlIeasonably withheld. Notwithstanding the above, Buyer shall have t}w, fight to assign this Contract 10 any eOlil)' substal1tially OWJ1ed or controlled by Buyer without requiring Seller'. consent JillYF.R'S lNSTRUMENTS AND EXPENSES. Buyer agrees to pay all of Buyer'. own attorney's fces, exclusive oflitigation costs and attorney', fees governed in paragraph 20 of the Contract. SLLLER'S lNSTRllMENTS AND EXPENSES' Seller shall deliver to Buyer within five (5) days of execution oftbis Contract by both parties, the followmg items, among other things, if available' (1) All surveys, site plans, so~ and substratJI studies, tests and reports and engineering plllJ\Jl and stUdies which relate to the Property that are curremly ill SeUer's possession or JeadJ1y available; (2) Seller's most recent owner's abstract or title insurance policy pertaining to the Propcrty, (3) Copies oftbe most reccnt tax bills and assessmelllS on the Property, including notices OJ any pending or contemplated bills/assessments on the Property, and . (4) All plats. notice. from govemmenUlI agencies, development orders, governmental resolullons and orders, and other agreements with public or private authorities relanng to zoning, land use or developmenl9 of region~1 impact. In the evcnl Buyer elects to terminate this Contract or defaults under this Contract, Buyer shall return to Seller any of such items Cllumet1lted in this paragraph whieh Seller has furnished to Huyer. AGENOA ITEM No"4, /f) OCT 2 4 2000 Pg. //? Sent by: 8RYiNiUULJ CORPURA 11 ON 9415977517 . '; fi"~' : <..I. .1.\!1 1;'16 ~', SHORfl 'N~ [:ONl-::l ; I- kUf 1 : UUUI.JLe r IE. CClLEMI-J"..l 941 435 1218 06/02/9910:17AM ..;1 1998. 02. 1lt' Job 204 Page 31 i lb:~l ~0~~ ~.U3/~ ACKNOWLEDGMENT OF REAL EST A TE DROKERS: Buyer and Seller acknowledge that Dean Huff of Coldwell Banker McFadden & Spowls is both the Listing Agent IUId the Selling Agent for this tranSllction. Seller agrees to pay a Ten Percent (10%) broker commission to the real estate broker rep.e,,:nting payment in full of all broker commissions due on this lTansactioll. SeUer agrees to indemnifY and hold Buyer harmless ITom any other brokers or tinder s fees claimed by IlllY party ..,;2/D /'If'' Dale: / / , .7 (,/ II 'l~ Buyer: Rich 7 e '. . . /) _J{( dIY/eli] lift) Seller: MartjC'Polito Date' ...-. .;<'//6/'; l'- -~~TEM OCT 2 4 2000 Pi. 1/fl Sent by: BRYNWOOD CORPORATION 9415977517 06/02/YY lU:lYAM Jon ~tl4 t-'Cl\J~ U/ I _,,, ,., .\0.....; 441;f-jl\l():,)1 SHtlMfllN, UU;~,I; .~ COlD~tlL IlANKER COMMERCIAL NAPS 1iii 94126100jl . 04110/98 10:26 r"I :02105 No:ool ~--:-:~---:--: ~ - ": -:-"'!';----"":'"":' -:=-\:;~:-;~"";~~:!~.T."'";,.~~~-;-~-;~,,;/";.r;;.:..-.,. . . ---- ...... .....-.- ---.,.. -............." - .... OWN"" . POUCT Of rnu INlUlAHa Iii] 6MlWd.", P8nlnsullr TiUe INSURANCE COMPllNY Policy NUlDbeY n4- N9 52181 AIUOrlNT . 14,000.00 PmiDIular Till-=- ''''8f'U1C1r Cecnpanr. . Jo1011'ida u...pon.ticn,l\trnh aJll'd 1M c.o.r"plnr fOf. valuahlt' lonlidcnl1011 . Inkl.8y JNSUU.I NATMIlIIL A. 1'01.110 and IWI.tJE POLITO. hi. vU. hn-rinllftft alWd thr to.w-ed, OM hdn. dnilra. ~noIt.1 ftp"f'lt'l'llltituofndlnwnd.OJ,if.eM;;'. ponlion. ita IU~. 110, dl.olullon, tDf'TI'" Of C'OnI01M!.lb, ....ic.Iol ~ or dama.r not rut"l'di"'li ~ * ... .. :raaTliClM! nDl'MND AND No/lOa * * * * L>olll.n. lowrt.bn with <<*I, IttOf"DJf"f'. he. ud upmsa "hich lht Com~, .., Ku.,C' ob1c.tC'd to pill' a. pT'OridoNl in ~ QondhiDftf aP4 SupuladDn. ha-rof, "",hlch lh~ InntT~ .".U aI'lai. ., r--.on nt. AnJ de"xt in or Uta Of' mcu1Pbnnu' on Ihf' lit'" tc t~ ...... Of &0........ wurrd hnrby in tllC' luMt .t..cribed or rYlnnd loG ift kJt.nlult' A. (,lILflin..c tM d.ltc' b~ "IlK dtown-or rf'f('rrrd Iv ... ~\;lle !. arr C"lrlo4td frara C'O'Yn1lr In Sdlr4ulr B or in the Coadhion. ancI Stipuliltlon.: III lac\ 01 a rip\! olaccnt to ...d from lhe land: all tUtlj<<l. howntr. UJ Lhr ~ 01 ScflrdUJCI A .nd It and to 1hf c..wIllitIN and SciJXol'.I,on. ....." 10 .nnext'd; .IU at of thC'.l8.t..b.- Ita, oI....xa.r.eh 1911.._ w decu--c cIIf.1r: ell thu pollcy. 'IN W:.lTNE.SS WH,lJlIQF. PnUftNta, 1:"hlt IlUUllru' Compan, ha, c:au..wd iu (".Q'poratc n.lna... .I"d IC'.II 10 t.c- hrrt'umCl dhud b)" i'U dull authcrl.zcd ofkna. r. . 111II__ Or o/~A_-:r>4'. ? ,.,......, ~~ A .. ....1. 181~ Ninth Street Harth Florida 33940 A""'" OCT 2 4 2000 Pg. 4? Sent by: 06/02/99 10:19AM BRYNWOOO CORPORATION 9415977517 . . ..~ . . "~ Job 254 : ll:JU"", '1'l1"f:i'UU:l1 'c' (OLDWELL BAHKlR COfiIhERCIAL "'PS S'lOFlI;;I I"'~ l:U1<lSl; ~ 'li 9412610037 ..:/ 01.110/98 10: :0.1/03 HQ:OOI ~A l. 11u' flsUlf or mUTftt illlh.. JUHI datnbf-lor Itfrrlcd to in ,he. ~ll,. CU~ by thiJ pcliq' p.: FEE S DIl'LJ: t. Title- LO tht ItiIUU C1I' i,"~"1 cm~cd. by dlu poliq ;ilL !.he datt ""-, ~ --.ed in ,ll.. J....nd.. " Th.. ....nd r~I''Ued &0 i. thil politJ iI.l1.atiPd in Ihl' Counl,. of.....Co.ll.1.r .nd It dac:ribnl .... loUO'WI: . S.... oIJ:1l>lt'idL ,he North 1/2 uf the Sooth 1/2 o( the SW 1/4 o( the NW 114. ToWn.hip 49 South, Range 26 z..t, Collier county, Florida. Sect ion 18. 1..1 ilUu,~ popnt, within ia~~trd dry or town>. .t!2.. II 1" pow nam~ 00--.. . Tbil fKlli.cy dOC"l I'1otl ,nlllT,. .pi"" IQIIo 01' ."'<<'f' lIy rruon of lbe loIJl'IW'in~: Caner.l and IpecLal ~. for tha yr..r 1911 .nd lubaequent y..r.. ~18ht. or claim_ of ~rti.. o~her thin ~h. In-ured 1n ac~U&l po.....1Oft of an, o~ all o~ the ~~Qperty. 1.J1U'ecorded ...e.lI'f\t., if any, an, above 01' b.lcw the .url.c., and any di.crepanei.. or eoaflicta in bouno.ry line, or shortal. in am. 0'1" ~CTO"'Ch-nt., "hu,h. . corT...:t .II~J' or Af1 l.napee.t:i.Qr1 of tb. pr.,sl.ea 1oIOJ,ld d1.clo.e. POlaible unfil~ .eehanic.' and ~tet1'~'5 Ilene. The effect of sunietpal toning ordln6nce.. ta.eRent over the w..t 30 feet of c8ption6d land for road rllht-of. WIY purpo.... ~e.erv.tiOft by prior owner. of thre.afourtha lnt.r.&~ in the 011. g-s and ~ina~t r1sht. in captioned land toget~ with the risnt [0 e7P1ar.,,4rill. .1oe .ad develop the 8_~. That certain DOrt~&~ ctv.n from Nathauiel ~. Pol~to, et UK, to Wl11ia. B. Newto~, et ~. end recorded in Ok Book 394. pAse 6S9. of the Public Re-cord'. of Collier: Coun~,," Tlorl.da.. 1'0 the ortllnal ..aunt of SI0,5oo.oo. ) . 4. ~. b. 7. 8. I Fage III 1.GENOA'TEM /4o/2(dJ Dei 2 4 2000 I Pg. o7J . ~', ORDINANCE NO. 2000- 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 NUMBER 9618N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNlT DEVELOPMENT KNOWN AS BRYNWOOD PRESERVE PUD FOR A MAXIMUM OF 160 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE FUTURE LIVINGSTON ROAD, Y. MILE SOUTH OF PINE RIDGE ROAD (CR-896l, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 29.26 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. William Hoover, AICP, of Hoover Planning, representing Brynwood Preserve, Inc., 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: SECTION ONE; The zoning classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Brynwood Preserve PUD Document, attached hereto as Exhibit "An and incorporated by reference herein. The Official Zoning Atlas Map Number 96I8N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO; This Ordinance shall become effective upon filing with the Departme~t of State. AGEND" ITEM No.~) OCT 2 4 2000 Pg. 61 -1- . '.' County, Florida, this _ day of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier ,2000. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Fonn and Legal Sufficiency ~ 1/1 . [tu,.J L<ocC Marya' M. Student Assistant County Attorney Plm-99-20 ORlllNANCE/RB/t~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN AGENDA ITEM No./"a('4J OCT 2 4 2000 -2- Pg 6..L BRYNWOOD PRESERVE PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: DAVID BRAVERMAN, PRESIDENT BRYNWOOD PRESERVE, INC. 4110 ENTERPRISE AVE., SUITE 214 NAPLES, FLORIDA 34104 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA 34105 and CHRISTOPHER O. WRIGHT, P.E.lBRYAN MILK RWA, INC. 3050 NORTH HORSESHOE DRIVE, SUITE 270 NAPLES, FLORIDA 34104 DATE FILED July 28. 1999 DATE REVISED September 27.2000 DATE REVIEWED BY CCPC September 21.2000 DATE APPROVED BY BCC ORDINANCE NUMBER 4GEND41TEN No..6f/(J I OCT 2 4 2000 Pi. t> ..J TABLE OF CONTENTS PAGE TABLE OF CONTENTS LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN 2 4 7 SECTION IV PRESERVE AREAS PLAN 11 SECTION V DEVELOPMENT COMMITMENTS 12 AGENDA ITEM ~.6( 4) OCT 2 ~ 2000 pg.6~ EXHIBIT "A" EXHIBIT "B" LIST OF EXHIBITS PUD MASTER PLAN PUD WATER MANAGEMENT PLAN II ~~j OCT 2 ~ 2000 , Pg. f6 STATEMENT OF COMPLIANCE The development of approximately 29.26:1: acres of property in Collier County, as a Planned Unit Development to be known as Brynwood Preserve PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Brynwood Preserve PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. 5. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 6. The project is .located within the Residential Density Band. of the Urban Residential Mixed Use District around the Pine Ridge Road - Interstate 75 Activity Center, on the Future Land Use Map. The 160 projected units on 29.26:1: acres results in a density of 5.47 dwelling units per acre, which is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Land Within Residential Densitv Band Base Density 4 dwelling units/acre Activity Center Density Band +3 dwellina units/acre Maximum Permitted Density 7 dwelling units/acre 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. AGENDA ITEM 1<<>..6(4.) - OCT 2 ~ 2000 , Pg. S, SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Brynwood Preserve PUD. 1.2 LEGAL DESCRIPTION The subject property being 29.26:1: acres, and located in Section 18, Township 49 South, Range 26 East, and is more fully described as: The North 1/2 of the South 1/2 of the SW 1/4 of the NW 1/4 and the North 1/2 of the SW 1/4 of the NW 1/4 of Section 18, Township 49 South, Range 26 East, Unincorporated Collier County, Florida. 1.3 PROPERTY OWNERSHIP All of the property is under sales contract held by: David Braverman, President, Brynwood Preserve, Inc., 4110 Enterprise Avenue, Suite 214, Naples, Florida 34104. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the eastern side of Livingston Road, approximately 1/4 mile south of Pine Ridge Road (unincorporated Collier County), Florida. B. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 Golden Gate Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the existing drainage ditch located on the western side of the existing access road. Future plans for Livingston Road call for a 30-foot drainage easement to be located on the western boundary of this PUD. Upon completion of the Livingston Road improvements, stormwater discharge from the site will be directed to the roadside ditch. The peak discharge rate from the design storm AGENDA ItEM ~~ OCT 2 ~ 2000 Pg. 5'1 2 will be limited to 0.15 cubic feet per second/acre per Collier County Ordinance No. 90-10. Natural ground elevation averages 10.1 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.15 cfs/acre; minimum roadway centerline, perimeter berm and finished. floor elevations; water quality pre-treatment; and wetland hydrology maintenance. The predominant soil type found within the limits of the property is SCS 3 - Malabar Fine Sand. This soil type is generally found on the entire site with the exception of the southwest corner of the project. The second type of soil found on this parcel is SCS 2 - Holopaw Fine Sand, Limestone Substratum. The site vegetation consists primarily of FLUCCS Code 642M2 and 642M3 - Cypress-Pine-Cabbage Palm/Melaleuca Invaded and FLUCCS Code 621M2 - Cypress/Melaleuca Invaded. Most of the project site is likely to be considered jurisdictional wetlands. The project as proposed will incorporate wetland preserve areas maintained in a contiguous arrangement. 1.6 PROJECT DESCRIPTION The Brynwood Preserve PUO is a project comprised of a maximum of 160 residential units. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Brynwood Preserve Planned Unit Development Ordinance". ~ 3 AGENDA ITEM NoA(d) OCT 2 ~ 2000 Pg. 5'i' SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Brynwood Preserve PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All condi~ions imposed and graphic material presented depicting restrictions for the development of the Brynwood Preserve PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived, modified, or excepted by this PUD Document, shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. A~tEM No. 4 OCT 2 ~ 2000 Pi. 59 2.3 DESCRIPTION OF LAND USES The project is intended to be a residential project for up to 160 units. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2, Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can bEl placed on the site after ,Site Development Plan approval subject to the requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If there is a surplus of earthen material after consideration of on-site fill activities, then its off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, ,- 5 AGENDA ITEM No.4"1f) OCT 2 ~ 2000 Pg. t.O c whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5, Excavation of the Land Development Code shall apply. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 160 units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Princioal Uses and Structures: 1. Single-family dwellings. 2. Two-family dwellings (includes duplexes). 3. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 4. Any other use deemed comparable in nature by the Development Ser.vices Director. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures associated with the permitted principal uses including garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, pitching and putting golfing facilities, walking paths, picnic areas, recreation buildings. verandahs, and basketball/shuffle board courts. 7 AGENDA ilEM ~ h{.d') - OCT 2 ~ 2000 l Pg. b :L 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse and entrance features. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed comparable by the Development Services Director. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Brynwood Preserve PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement which provides access to a designated parking space; however, garages shall use a parking apron of at least fifteen (15) feet separating the garage from the edge of curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. AGENDA ItEM 8 No.Ah/ OCT 2 ~ 2000 I Pg. '--f TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMIL Y TWO-FAMILY MUL TI-FAMIL Y Minimum Lot Area (eer unit) 4,500 Sq. Ft 4,000 Sq. Ft 1 Acre Minimum Lot Width 40' Interior Lots (2) 72' Interior Lots (2) 150' (36') Interior Lots 55' Corner Lots (3) 86' Corner Lots (2) (50') Corner Lots (3) Front Yard Setback 20' 20' 20' Side Yard Setback 1 Story 5' (1) 6' Greater of 7.5' or 1/2 BH 2 Story 5' (1) 6' Greater of 10' or 1/2 BH Rear Yard Setback Principal Structure 15' 15' 15' Accessory Structure 10' 10' (4) 10' PUD Boundarv Setback Principal Structure 15' 15' 15' Accessory Structure 10' 10' 10' Lake Setback (5) 20' 20' 20' Wetland Preserve Area Setback 25' 25' 25' -'istance Between Structures .v1ain/Principal 1-Story 10' 12' Greater of 15' or 1/2 SBH 2-Story 10' 12' Greater of 20' or 1/2 SBH Pool Enclosures 0' 0' 10' Other Accessory Structures 10' 10' 10' Maximum Heiaht: 35' and 2 stories Principal Building 35' and 2 stories 35' and 2 stories 20'/Clubhouse 35' Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' Minimum Floor Area 1200 Sq. Ft 1100 Sq. Ft 1 bedroom = 650 Sq. Ft 2 Bedroom = 900 Sq. Ft 3 Bedroom = 1100 Sq. Ft (1) Patio homes shall have the option of being centered on their lots with windows on all sides with a minimum 10-foot building separation. (2) May be reduced on cul-de-sac lots upon approval by the Director of Planning. (3) Minimum lot frontage in parenthesis applies in cases where each dwelling unit in a 2-family structure is on its own individually platted lot (4) Pool enclosures shall have the option of being built up to the lake maintenance easement boundary. (5) Lake set backs are measured from the control elevation established for the lake. BH refers to "Building Height". SBH refers to "Sum of Building Heights". - 9 AGENDA ItEM No.~ 8) OCT 2 ~ 2000 Pg. It:, 'I B. Off-Street ParkinQ and Loadina Reauirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. C. Open Space/Natural Habitat Preserve Area Reauirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. 2. A minimum of twenty-five (25) percent (6.3 acres) of the viable naturally functioning native vegetation on-site (natural habitat . .preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code, or the landscape plan shall re-create a native plant community in all three (3) strata with larger-sized planting materials, as described in Section 3.9.5.5.4 of the Land Development Code. D. LandscapinQ and Bufferina Reauirements: 1. Landscape buffers shall be provided per Section 2.4.7 of the Land Development Code. E. Architectural Standards 1. All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architectural designed shingles (such as Timberline). F. Sicns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code in effect at the time of building permit application. 10 AGEND~)~ No.P(nL OCT 2 ~ 2000 Pg. hS" SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES Clearing for permitted uses is allowed provided that a minimum of 6.3 acres of native vegetation is retained or replanted with the PUD. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, and nature trails, and boardwalks. '3. Water management facilities and essential services. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. -. II AGENDA ITEM ~~{If) OCT 2 ~ 2000 Pg. , l. SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A:', PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. AGENDA ItEM No. ~r;d) OCT 2 ~ 2000 Pg. '1 12 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) or three (3) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. MonitorinQ Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2, Subdivisions. C. The landowners shall coordinate with the Collier County Public Works Engineering Department and the Real Property Department concerning the project access onto the Livingston Road Corridor. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the Subdivision Plat and Construction. Plan and/or SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Site Development Plan Approval. B. An Excavation Permit will be required for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. C. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. ~~ C:T 2 ~ 2000 13 'I , I ~~--i:, f' I I '-,........,......""._--- 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. No on-site central sewage collection, treatment and disposal systems shall be permitted. 5.8 TRAFFIC A. The applicant shall be responsible for the installation of arterial level street lighting at all project entrances. Installation shall be in place prior to the issuance of any certificates of occupancy. B. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. C. The applicant shall dedicate a minimum of 10 feet of compensating right- of-way to Collier County for the right-turn lane, prior to the issuance of any Certificates of Occupancy. No impact fee credits will be considered for this dedication. 5.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the cours,e of site clearing, excavation or other construction activity a historic 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. B. A pathway (6-foot minimum width) shall be provided along the main entry road to interconnect the common facilities (in essence, the clubhouse and tennis courts), intersecting side streets, and Livingston Road, and shall be maintained by the homeowners' association. 5.1 0 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and 14 ::;;;;l r OCT 2 ~ 2000 Pg. b r approval by the Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704,06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation/preservation areas. - 15 ~~ OCT 2 ~ 2000 PII. ~c> . r--=-- = ---=- ----~I ~'~~~' ~~ r...., ~~, " , . , . , ' I!l:' P:;i ~ I" > 'j ,',;j - ;" ~ I "I .j , 'l 'if Q -";) J ~< " <i . . l~' ";'i' ';. i !~ I' " '-',','..~, Iii;', :. ~~ _ '.', fl" D~j$ ~ !m 1 iiI -Sji I :!I' : 11'1 Q~d :;~..r ,,- 1!1 :. II!! I '---- 1111 . ';2:; ; e ~~ 0f I- I- I~! '0 " ~~ l~ I~ ~~ i' ~~ ~Q "~ 1'::I;Iln 2M ~- 2 !~ t, "i~ t, I" -. I II ii ,l '" ;; I cc !~ !'< _0 c~ ~ , i ~ i~ ~ , ~ \ ~~ ~ i~ ~ I ;g:z ," .- :1 I u . ! AGEN:>A n'EM ~ 0' . . -~ No. /.P~ .. ~ .1 0< ~~ i ~ ~ , 24 , , OCT 200L I . 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Ii . ~~ . I I. , i, . I. . i! '!i <~ , , . ' ~ , ~ . . ~: , I ~ ~B ;", l' :i r }~ I ~" Ii iii' Lji ! I;~< I: i~ I~ ~ ~ I: II I' !: Ii Ii -, . Ii I --_-------,1; . ~;i !Il' ! i~ ~~! I~ i~ I ~~ ~~ i I i~ II '" ! :1 . ~7Jt' ~~ ...., A - .- ~ .;= OCT 2 ~ 20 ' NORTH nWTArnc,. CIVIl. F:NGTNRRRS 0Ive1opment& ...... ..... ... Environmantal Consultan1s ....--__...__..,.. "'1-'. ......'1__ ,.. I EXECUTIVE SUMMARY PETITION PUD-2000-12, DWIGHT NADEAU, MCANLEY ENGINEERING AND DESIGN, INC., REPRESENTING S.J. BENSON & ASSOCIATES, INC., REQUESTING A REZONE FROM "A" TO "PUD" TO BE KNOWN AS ARLINGTON LAKES PUD, A RESIDENTIAL DEVELOPMENT NOT TO EXCEED 590 DWELLING UNITS, LOCATED APPROXIMATELY 1/2 MILE SOUTH OF PINE RIDGE ROAD (C.R. 896) ON LIVINGSTON ROAD, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 98.36 :t ACRES. OBJECTIVE: To have the Board of County Commissioners approve a rezoning from "A" Rural Agricultural to "PUD" Planned Unit Development in order to develop the subject property as a mixed residential project consisting of approximately 590 multifamily and/or single family dwelling units on 98.36:1: acres. CONSIDERATIONS: The subject property is located southwest of the Pine Ridge Road - 1-75 Activity Center with access from Pine Ridge Road (CR-896) via Whippoorwill Lane, a partially paved private road, and the future Livingston Road. The subject property qualifies for a maximum residential density of up to 7.0 dwelling units per acre because it lies within the Activity Center Residential Density Band. This project proposes a maximum density of 6.0 dwelling units per acre. The subject PUD is surrounded by mostly undeveloped properties with the exception of a few single family homes abutting the north boundary of the subject PUD. Some of the undeveloped properties have recently been rezoned to PUD or are being proposed as PUDs. The Kensington Park PUD lies across the future Livingston Road to the west. To the east are three recently approved PUDs. Running from north to south they are: Whippoorwill Lakes PUD (6.74 du/ac), Whippoorwill Pines PUD (6.0 du/ac), and Whippoorwill Woods PUD (5.51 du/ac). Other recently proposed PUDs that abut the subject PUD are the Brynewood PUD to the northwest (5.46 du/acre) and the Balmoral PUD to the south (5.0 du/acre). The Whippoorwill Lakes, WhippooiWiU Pines, Whippoorwill Woods, and Arlington Lakes PUDs are all located within the Activity Center Residential Density Band, therefore, they qualify for the sligj1tly higher densities. " ,i.. It should also be appreciated that the proposed PUD is part of the Whippoorwill Lane planning area and that- the petitioner proposes certain road and drainage improvementS' tha~' \\,ill. benefit' the-" Whippoorwill Lane area. '; IIOse . proposed iinprovemeRtsar~. , ." . ..~. ':. ", .' . - . AGENDA IlEM No.~ OCT 2 ~ 2000 Pg. / ""__'''_,',~w.....,.,_._".___._._~"._ '_,_,_,__",,,...."'.'~,,._.~__.__._.,~._ '''"".. ,~".'"...,.'-'.","'.," , . necessary to help provide alternative access and to help reduce trip lengths made by future residents who will use Whippoorwill Lane, and to minimize impacts of the Pine Ridge/Livingston Road intersection. Right-of-way dedication and a fair share contribution to the construction of a Whippoorwill Lane local collector and its east-west connector road to Livingston Road will be required by certain stipulations incorporated into the proposed PUD Document. Sum man< When completed, the project master plan will provide two residential development tracts that will encompass approximately 98.36:1: acres of land to be developed with both single family and multi-family dwellings. If approved, the development plan will also include the following: I. A total of 590 dwelling units with a gross density of 6.0 units per acre, which is less than the maximum gross density of 7.0 units per acre permitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. Open space that includes a 19.0 acre preservation area and flow way that divides the PUD. The Southwest Florida Water Management District is requiring the 19.0 acre flow way that contains approximately 10.4 acres of native vegetation (20.51 acres required). The petitioner proposes to identify an additional 10.11 acres of native vegetation to be preserved prior to Site Development Plan approval. 3. A 10.84-acre lake (existing borrow pit), two additional lakes, landscaping, and buffering totaling the minimum required 60 percent open space for residential PUDs. 4. Common access for recreational use of the preservation area and lakes. 5. Gated entries. 6. Access from the future Livingston Road and Whippoorwill Lane. In addition to these considerations, findings were made by the Collier County Planning Commission (CCPC) and staff as required by Section 2.7.2.5 of the LDC. Those findings support the proposed rezoning as outlined in the Analysis Section and as recommended here (see exhibits with Staff Report to the CCPC). Pros: I. The subject petition is consistent with the locational criteria for residential development as it applies to the County's Growth Management Plan. 2. The PUD'development plan is compatible with proposed surrounding PUD development. 3. Right of way will be dedicated and Whippoorwill Lane will be extended to provide access to Pine Ridge Road and the future Livingston Road. - - . > < AGENDA ItEM No. /~~):l.... OCT 2 ~ 2000 JJ... Pg. """',,~ . Cons 1. Some residents believe that the proposed residential development will bring inconveniences such as increased traffic and drainage problems. 2. There will be no internal cross-access roadway between the two residential development tracts which would serve to give all residents access to both Whippoorwill Lane and Livingston Road because of the water management district's requirement to preserve the flow way. FISCAL IMP ACT: This PUD by and of itself will have no fiscal impact on the County; however, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on 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 in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project which will likely be both single family and multi-family residential development: . Park Impact Fee: $578.00 per unit . Library Impact Fee: $180.52 per unit . Fire Impact Fee: $0.15 per square foot of building . School Impact Fee: $827 per unit . Road Impact Fee: $1825 per unit . Radon Impact Fee: $0.005 per square foot of building . EMS Impact Fee: $2 per unit . Building Code Adm.: $0.005 per square foot of building . Micro Film Surcharge: $1.50 per unit . Corrections Fac. Impact Fee: $117.98 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $3,692.00 per unit. Since this project proposes 590 units, the total amount of residential impact fees collected at build-out will total $2,178,280.00. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. .,..'... , . '.- "!" '. . ,. AGENDA IltM No. ~)J.. OCT 2 ~ 2000 PI. '- '3 . Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad vaIorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would, therefore, bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The proposed PUD lies within the Urban Mixed Use - Urban Residential Subdistrict as designated by the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This designation provides for higher densities in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. It is also located within the Residential Density Band of the Pine Ridge Road (C.R. 896) - Interstate 75 Activity Center. The following consistency analysis addresses the relationship of the proposed PUD with applicable elements of the GMP: Land Use Element and Density - The requested zoning action is consistent with the GMP Future Land Use Element (FLUE) policies, including Policy 5.1, which requires that all rezonings be consistent with the GMP. It is also consistent with the Future Land Use Density Rating System, which allows up to 7.0 dwelling units per acre (4.0 dwelling units per acre base density and an additional 3.0 dwelling units per acre for being within the Activity Center Residential Density Band). The proposed PUD is consistent with the objectives and policies of the FLUE, especially as it relates to improved coordination of land uses with public facilities as stated in Objective 4 of the FLUE. This is accomplished by the applicant's/owner's participation in area-wide planning, by dedicating an easement for a local collector road and drainage, and by providing a fair share contribution to that road's construction. Those requirements are incorporated into the proposed PUD Document. . .._;1 Traffic Circulation Element - Staff estimates the site generated traffic from the proposed change will not exceed the significance test standard on any existing or future road in this area. The three key arterial roads, which are affected are Airport-Pulling Road, Pine Ridge Road, and Livingston Roa:d, all 'of which wilt b~ improved' to create ahd increase. .~ .. ." . ~ .. AGENO'" ItEM No..L~"'- .~ ", _. OCT 2, ~ 2000 Pg. 7/ capacity within the next three years. In view of these conditions we have to conclude that this petition is consistent with the Traffic Circulation Element. The proposed PUD is also part of the Whippoorwill Lane planning area, which proposes that certain road and drainage improvements be developed in the Whippoorwill Lane area. Those improvements are necessary to provide alternative access and to help reduce trip lengths of residents along Whippoorwill Lane and other roadways. The petitioner's contribution to the construction of a Whippoorwill Lane local collector and an east-west connector road is required, and stipulations are specified in the PUD Document addressing those concerns. Open Space Element and Natural Features - The required amount of open space will be achieved by the retention of wetland and jurisdictional preserve areas, and other open space totaling 60 percent of the gross acreage, and including landscaping and lakes. A 19.0 acre natural flow way is proposed, which will bisect this property from north to south, and which will provide additional preservation and open space for drainage management. As a result, the proposed conservation and open space plans are consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Element(s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. By following the above prescribed course of action, this petition will be consistent with all elements ofthe GMP. The proposed flow way will be used to help convey drainage to the south from both this property, and neighboring properties on its north boundary, across Whippoorwill Lane and the Whippoorwill Woods property to the Kensington Canal. The Kensington Canal will handle drainage from the flow way and several properties, including Kensington Park and Livingston Road. HISTORICAL/ARCHAEOLOGICAL IMP ACT: Staff's anq1ysis indicates that the petitioner's property is not located within an area of historical/archaeological probability as designated on the official Collier County Probability Map. PLANNING SERVICES STAFF RECOMMENDATION: Staffreviewed this petition and found it consistent with the policies and objectives of the Collier County Growth Management Plan and the Land Development Code as stated in Staff's Report to the Collier County Planning Commission on September 21, 2000; - - '.; , AGENDA ITEM No. /r:{ 15) a. OCT 2 4 2000 6/ Pl. - - therefore, Staff recommends approval ofPUD-2000-12, the Arlington Lakes PUD Document and Master Plan. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDA nON: The petition was reviewed by the Environmental Advisory Committee (EAC) on July 5, 2000 and a motion to recommend approval of the petition failed on a 4 to 2 vote. Because there were less than five affirmative votes, no official action was taken by the EAC. The reasons for the negative votes were that there was no review by and 30-day letter from the South Florida Water Management District, and the petitioner did not propose any additional preservation area above the minimum 15 percent required by Section 3.9.5.5.4. of the LDC. PLANNING COMMISSION RECOMMENDA nON: At the September 21, 2000 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition PUD-2000-12 to the Board of County Commissioners. ... .' "!o.... .." '. . . AGENDA ITEM ~ '140.~~)<>'- OCT 2 ~ 2000 Pg._ In f PREPARED BY: RON F. NINO, AlCP CURRENT PLANNING MANAGER I ~' ' 1\ / \ 1_ \'_'1. '__ ROBER J. MULHERE, AICP, PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: C\~,\'- . 0.l{'}l)ctCl? VINC~NT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition PUD-2000-12, Arlington Lakes PUD. Tentatively Scheduled for the October 24, 2000 BCC meeting. . - .... I , ,.~ ." .,-: 10 ~~ - 2/.l//?J DATE . .. J(')- q. 2.~J DATE I~ . " " ---I,' DATE ie-If-IDe DATE ." : AGENDA liEM ~~).;l.. OCT 2 ~ 2000 Pg. 1 It. . . .- ~, r MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION ~ FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES JUNE 19, 2000 ! I PETITION PUD-2000-12, ARLINGTON LAKES PUD ; DATE: RE: OWNER/AGENT: Agent: Mr. Dwight Nadeau , McAnley Engineering & Design, Inc. l 5435 Park Central Court I Naples, Florida 34109 Owner: SJ. Benson & Associates, Inc. 17 4 West Comstock Avenue Winter Park, Florida 32789 REOUESTED ACTION: - , AGENDA ITEM 7-E , ~ -... This petition seeks to have the herein described land rezoned from its current ~Jassification of "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Arlingt~n Lakes PUD for a residential development. ' GEOGRAPHIC LOCATION: The property is located Yz mile south of Pine Ridge Road (CR-896) and lies between the future Livingston Road and Whippoorwill Lane, in Section 18, Township 49 South, Rkge 26 East (See location map on following page). ' ' PUJOSEIDESCRlPTION OF PROJECT: When completed, the project master plan will provide a singular development t4rt y.'iIl encompass approximately 98.36:1: acres of land to be de,:,eloped with single family and/or mUlt't~ faplily residential land use. If approved, the development plan will include the following: i I 'i ~ l ~. ~ - - . ~ , A~A ITEM No.~ OCT 2 ~ 2000 PI. f? ,. , ! ,I ~ I i D i i. I . u I I I rd 8 Il.. rib <{ ~ L&J f- - r~ en . JlIt:I5Gl!ON / -.- - ... T o o I CI ~ ... - z: o ;:: ;:: '" ... It " . .3p' ~5i .,,,on....,,,,", p 5, l- Oll! ~ . 31!!~ '~5~ C i . .!~ P I > i ~S a - --------, -;- ;1- - - ~h ~ i - I 'III il . , l-'~ ~~. i r 0 ~, . . i ~l · ~~ ~I . I",~) ~awC7'toif3Ul1oooo:Jkl'll'_ i . l! ~ ! Il.. <{ ~ z o - 1-- <{ U o ..J o . 1--- WoitCl1~ ; . 4 2000 Cf 1. A total of 590 dwelling units with a gross density of 6.0 units per acre, which is consistent with the maximum gross density of 7.0 units per acre permitted by the Future Land Use Element (FLUE) ofthe Growth Management Plan (GMP). 2. Open space that includes a 19.0 acre preservation area and flow way which bisects the PUD. The 19.0-acre flow way contains approximately 10.4 acres of native vegetation (20.51 acres required). An additional 10.11 acres will be identified prior to Site Development Plan approval. 3. A 10.84-acre lake (existing borrow pit), landscaping and buffering totaling the minimum required 60 percent open space for residential PUDs. 4. Common access for recreational use of the preservation area and lake. 5. Gate entries. 6. Access from the future Livingston Road and Whippoorwill Lane. These development components were taken from the PUD Document. Due to the lack of detail on the PUD Master Plan, it is uncertain how development will take place. A revised Master Plan should be resubmitted showing internal access, residential development components, interconnections, and other relevant information needed to make a determination ofthe feasibility ofthe plan. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and is zoned "A" Rural Agricultural. Surrounding: North - To the north lies the undeveloped "A" Rural Agricultural properties and single family homes zoned RSF-5(0.4). To the northwest lies two single family homes (5 acre lots) and the proposed Brynwood Preserve. East - To the east lies the undeveloped Whippoorwill Lakes, Whippoorwill Pines, and Whippoorwill Woods PUDs. The Interstate 75 right-of-way and drainage canal lie to the east of those properties. South - Undeveloped "A" Rural Agricultural properties. Some of these properties are currently being considered for rezoning to PUD (proposed Balmoral PUD to the south). West- Kensington Country Club PUD located across the future Livingston Road right of way. GROWTH MANAGEMENT PLAN CONSISTENCY: The proposed PUD lies within the Urban Mixed Use - Urban Residential Subdistrict as designated by the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This designation provides for higher densities in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. It is also located within the Residential Density Band of the Pine Ridge Road (C.R. 896) - Interstate 75 Activity Center. The following . ..... / /"--- f \0 ~ ,. .- ...- -, It ~ ". .. AGENOA IltM Mo. ~(JJ,,1- OCT 2 ~ 2000 Pg. I () 2 consistency analysis addresses the relationship of the proposed PUD with applicable elements of the GMP: Land Use Element and Density - The PUD lies within the Residential Density Band that surrounds the Activity Center. The Residential Density Band provides for an additional 3.0 dwelling units per acre that may be added to the Urban Designated Area base density of 4.0 dwelling units per acre for up to 7.0 total dwelling units per acre if compatible with surrounding land uses. The applicant proposes 6.0 units per acre. The requested density is consistent with the provisions of the Density Rating System provided the density is otherwise deemed compatible by Staffs analysis. Staff has determined that the proposed density is compatible with that proposed for neighboring properties, especially those to the north and east of this PUD. The proposed Brynwood PUD located to the north/northwest of this development will be limited to 5.46 units per acre. Whippoorwill Lakes, located across Whippoorwill Lane directly to the east, was approved for a gross density of 6.74 units per acre. The recently approved Whippoorwill Pines PUD, located to the east across Whippoorwill Lane, will have 6.0 units per acre. The proposed density and residential types proposed for Arlington Lakes is similar to that of recently approved neighboring PUDs located along Whippoorwill Lane. In summary, the proposed PUD is consistent with the objectives and policies of the FLUE, especially as it relates to improved coordination ofland uses with public facilities as stated in Objective 4 of the FLUE. This is accomplished by the applicant's/owner's participation in area-wide planning, by dedicating an easement for a local collector road and drainage, and by providing a fair share contribution to that road's construction (also see Traffic Circulation Element Analysis below). Those requirements are incorporated into the proposed PUD Docwnent. Traffic Circulation Element - Staff estimates the site generated traffic from the proposed change will not exceed the significance test standard (5% of the LOS "C" design volwne) on Livingston Road (when completed), Whippoorwill Lane (when completed), and Pine Ridge Road (CR-896). Technically, approval of this petition is consistent with the Traffic Circulation Element (TCE) policies which speak to the Level of Service relationships and the degree of impact allowed by , development before we can justify a denial or a phasing plan attributable to consistency with the TCE conclusion. Basically, the benchmark for determining consistency is one which allows a degradation of the LOS below a certain standard (i.e., LOS "E") when committed improvements will correct the deficiency within a three year time frame. The three key arterial roads, which are affected are Airport-Pulling Road, Pine Ridge Road, and Livingston Road all of which will be improved to create and increase capacity within the next three years. In view of these conditions we have to conclude that this petition"is consistent with the Traffic Circulation Element. Access and interconnections are also of concern to existing and future residents of the County. Typically, road interconnections are encouril.ged by the Future Land Use Element in order to help facilitate traffic movement and to provide altemative access routes. The petitioner in this case would normally be required to provide interconnections to both the properties to the north, between Arlington Lakes and Brynwood PUDs, and to the agricultural parcels located between Arlington Lakes and-the propos.ed Balmoral PUB (see discussion in Land Use Element and Density. .section' , AGENDA ITEM 1 ~ /,2({J)~ 3 OCT 2 ~ 2000 PI. 1/ . - above). Realistically, the flow way and abutting residential units prohibit any interconnection being placed between properties to the north or to the south. Therefore, Staff believes that the proposed PUD cannot realistically be required to place interconnections to those properties, and supports the petitioners access design as stated on the revised PUD Master Plan. The proposed PUD is also part of the Whippoorwill Lane coordinated planning area, which proposes that certain road and drainage improvements be developed in the Whippoorwill Lane area. Those improvements are necessary to provide alternative access and to help reduce trip lengths of residents along Whippoorwill Lane. The petitioner's contribution to the construction of a Whippoorwill Lane local collector and an east-west connector road is required, and requirements are specified in the PUD Document. Doen Space Element and Natural Features - The required amount of open space will be achieved by the retention of wetland and jurisdictional preserve areas, and other open space totaling 60 percent of the gross acreage, and including landscil'ping and a lake. A 19.0-acre natural flow way is proposed, which will bisect this property from north to south, and which will provide additional preservation and open space for drainage management. As a result, the proposed conservation and open space plans are consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Element{s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. This should be accomplished by participating in an overall utility extension plan as part of the proposed Whippoorwill Lane Local Area Plan as proposed by County Staff. Once utility lines are completed in accordance with an area-wide plan and County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. Furthermore, it is imperative that adequate drainage easements be dedicated to the County along Whippoorwill Lane to the Kensington Canal. This facility is needed to help handle drainage from the future Whippoorwill Lane. By following the above prescribed course of action, this petition will be consistent with all elements of the GMP. The proposed flow way is needed to convey drainage to the south from both this property, and neighboring properties on its north boundary, across Whippoorwill Lane and the Whippoorwill Woods property to the Kensington Canal. The Kensington Canal will handle drainage from the flow way and several properties, including Kensington Park and Livingston Road. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside of an area of historical and archaeological probability as referenced on the official Collier County Probability Map, therefore, no Historical! Archaeological Survey and Assessment are required. . EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of concern. This primarily includes a review by the Community Development and Environmental Services Division Staff and the Transportation Department Staff. The petition was reviewed by the Environmental Advisory Committee (EAC) and a motion to recommend approval of the petition failed on a 4 to 2 vote. Because there were less than five affinnative votes, no official action was taken by the EAC. The reasons for the negative votes were that there was no review by and 30-day letter from the South Florida Water Management District, and the petitioner did not propose any additional preservation area above the minimum 15 percent required by Section 3.9.5.5.4. of the LDC. Regardless, Staff still maintains that the petition should be recommended for approval, because the petitioner is proposing a flow way as required by the SFWMD and because the minimum preservation area will be met. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable detennination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staffrecommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a detennination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B". In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses as they relate to both the rezoning action and the long range plan for future land uses. Subsequent to this analysis, Staff advises the following: Relationship to Future and Existinl! Land Uses: This provides for a discussion of the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) as it applies specifically to Collier County's legal basis for land use planning. Compatibility - The subject property is located within the Urban Mixed Use - Urban Residential Subdistrict as identified on the, Future Laild Use Map .o(.the GMP_ The applicant proposes l! jmultifamily development.' .' . . , . ,. ~ . t a: . ~ , AGENDA ITEM No. /.:1(1) tL OCT 2 4 2000 ;<.J Pg. 5 Located to the east of the subject PUD, in order from north to south, are Whippoorwill Lakes, Whippoorwill Pines, and Whippoorwill Woods PUDs. Whippoorwill Lakes PUD was approved in 1999 for single family and multi-family use with a gross density of6.74 dwelling units per acre. The west development tract of Whippoorwill Lakes PUD, located to the east of Arlington Lakes PUD, was capped with a density of no more than 6.0 units per acre in order to provide more compatible density with the properties located on the north side of Arlington Lakes, which have densities of 4.0 to 5.0 units per acre. The Whippoorwill Lakes PUD is also located next to the Pineridge/I-75 Activity Center so the proposed density provides a transition both through the development and between surrounding properties. Whippoorwill Pines, located to the south between Whippoorwill Lakes and Whippoorwill Woods PUDs, was approved in March of this year with a density limitation of 6.0 dwelling units per acre. Whippoorwill Pines is also located just east of the proposed Arlington Lakes PUD lies within the Residential Density Band that provides for increased densities where proposed development is compatible with surrounding properties. This PUD was limited to no more than 6.0 units per acre due to the compatibility and densities of surrounding properties. The Whippoorwill Woods PUD was approved for multi-family uses with a limitation of 5.51 dwelling units per acre in 1998. That PUD is also within the Residential Density Band, but it was limited to less density than it qualified for because of surrounding and nearby densities. This PUD is also located across Whippoorwill Lane to the east of the proposed Arlington Lakes PUD. Because the densities of recently approved PUDs located nearby, Staff believes that the proposed density should be limited to no more than 6.0 units per acre. This will be similar to the densities of the recently approved Whippoorwill Pines and Whippoorwill Lakes PUDs. Traffic - It is recognized that there are deficiencies that exist on the County's arterial road system, which will be further impacted by this and other developments in the immediate area of Pine Ridge Road, nevertheless, required improvements imposed on this and other developments should address these deficiencies and positively contribute to easing the burden of traffic impacts. This will be ' accomplished by making Whippoorwill Lane and its east-west connector to Livingston Road a public urban collector. This road will serve to allow a choice in direction to and from Livingston Road and Pine Ridge Road. Multiple choices in direction to the arterial road system equates with lessening the burden on the arterial road system. Nevertheless, a current deficiency condition on Pine Ridge Road will not be corrected simply by the action to make the Whippoorwill Lane improvements, but will require that Pine Ridge Road be widened, too. This project by itself does not exceed the threshold of impact that supports a decision to deny or phase development even though we realize that the aggregate projects proposed in this area will have a significant impact on an already deficient Pine Ridge Road, particularly in light of the fact that at the onset all traffic will have access to Pine Ridge Road because Livingston Road will not be' completed for another one and one-half years and the widening of Pine Ridge Road will not be completed for another two and one-half years. Regardless, these conditions are specifically allowed to exist under policies in the Growth Management Plan. That is_nilt to say that projects could not qe. phased to minimi4e thes!) impacts;.1:19wever,. transportation s'taffhas indicated that. as few as 500 clwdiing units may cause operational deficien2ies , ~ AGENDA ITEM No/ordJ~ OCT 2 ~ 2000 Pg. /'7" 6 at the Whippoorwill LanelPine Ridge Road intersection. Phasing may minimize this impact, but this intersection is still expected to function at an acceptable LOS until the planned improvements to Pine Ridge Road are completed. Furthermore, an overly restrictive phasing plan could be argued to be a de facto moratorium that, under the regulatory structure of the GMP, is not authorized. The petitioner has also indicated a willingness to participate in an area-wide improvements plan. Acceptable stipulations have been incorporated into the POO Document, which will require the property owner's participation in road, utility, and drainage facilities improvements. A future planned road interconnection normally would be required between Whippoorwill Lane and Livingston Road, running through the proposed POO, but the petitioner has stated that the South Florida Water Management District has required a flow way that will bisect the POO and has. asked the petitioner not to traverse the flow way with a road constructed at grade. Additionally, the costs required to span the flow way are prohibitive and counterproductive when weighed against any public benefit that could be gained from bridgin$ the flow way. This would seem to be a waste of resources and money. Furthermore, the number of trips that will likely be generated onto Livingston Road from the western twenty acres of the proposed POO will only be minimal. Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. Also, all development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. Furthermore, the petitioner should share in the costs of upsizing utilities and water management facilities. Communitv Infrastructure and Services - The subject property has convenient access to a wide range of community infrastructure which is enhanced by its proximity to activity centers at 1-75 and Airport-Pulling Road, which contain shopping centers and business and medical offices all within a short driving distance. Additional shopping and employment opportunities are located south of this project. Police, fire and other emergency services can be readily provided from the appropriate facilities. located nearby. Alternative access provided via an east-west connector road will minimize trips and trip distances for residents of this POO and stipulations will be made in the POO Document to ensure that the applicant provides a fair share contribution to that facility's development. POO Document and Master Plan - The POO document is modeled after the County Planning Services Model POO Document in terms of format, general provisions, and development standards and commitments. The POO Document contains all of Staffs recommendations and will make provision of standards commonly employed in similar POOs in the County. The uses will be well buffered and contain adequate separation and landscaping. The proposed POO will also provide sidewalks and paving of Whippoorwill Lane for access to this POO and future development located to the south. It will also include common areas, trails, and access to the lake and preservation areas for recreational use by residents. , .- -. ....... ~ .:. to'"', ',. " . ,- .,,~ITEM No. /~) er- OCT 2 ~ 2000 7 ---'--'---"---.."--"--" ,/ Pg. /6 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPe) recommends approval of Petition PUD-2000- 12, the Arlington Lakes PUD Document and Master Plan, to the Board of County Commissioners. . ..... f , AGENDA ITEM ~"~) r9- OCT 2 ~ 2000 Pg. //; ,. ~ ." .).. . \10 ~ ", '" 8 . . PREPARED BY: . 6 - .;27-CJCJ DATE CIP AL PLANNER REVIEWED BY: ~~jN /kONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION 7-3 -;2000 DATE Jb:- ~ ROBERT J. MUL RE, AI , DIREC~ PLANNING SERVICES DEPARTMENT 7-,57-60 DATE C{k tl, 7- (;- Od DATE 't V CENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for July 20,2000 CCPC meeting. Note: This petition has been tentatively scheduled for the September 12, 2000 BCe meeting. COLLIER COUNTY PLANNING COMMISSION: gjj /d<<f RUSSELL A. BUDD, CHAIRMAN PUD-2000-12, ARLINGTON LAKES PUD/STAFF REPORTIDJM - - , < A A ITEM ~~-d)~ OCT 2 ~ 2000 Pg. /1' "_. ._~, ..... .", -,..,-~_..,----- . -.., . ... FINDINGS FOR PUD PUD-2000-12 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. Tbe suitability of tbe area for tbe type and pattern of development proposed in relation to pbysical cbaracteristics oftbe land, surrounding areas, traffic and access, drainage, sewer, water, and otber utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities, and services, which are currently available in this area. (iii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (ii) The subject property is served by a network of arterial roads and planned roads, all within the urbanized area facilitating access to a variety of community services and facilities. Con: (i) The combined traffic impact of the proposed PUD and surrounding and nearby proposed development will cause operational deficiencies to the local road network unless an east-west connector road from Whippoorwill Lane to Livingston Road is provided. (ii) Loss of travel time for users of the same arterial road network due to the need for an east-west connector road. (iii) A plan for extending water and sewer to this area is needed although there is available capacity. (iv) Additional easement area is needed by the County to provide adequate drainage via the Whippoorwill Lane. Exhibit "A" .. .' ~... ." ., . - . ...... '. . 1 AGENDA ITEM ti<l..Lt? r(l) cP- OCT 2 ~ 2000 Pg. /f' . . . . - (v) Existing residents often perceive a residential intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, decreasing safety, increasing noise, and reducing property values. -' Findinl!: Jurisdictional reviews by County staff support the manner and pattern of the proposed development, except that there is still a need for adequate planning of road, drainage, and utilities facilities, in order to ensure that levels of services are not degraded. Operational difficulties on local roads can be minimized if the petitioner provides additional right-of-way, and shares costs to help construct a collector road with an east- west connector on Whippoorwill Lane. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Development conditions contained in the PUD document give insurance that all infrastructure will be developed and be consistent with County regulations. 2. Adequacy of evidence of unified control and suitability of any proposed 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. Pro/Con: Evaluation not applicable. Findinl!: Documents submitted with the application provide 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. Pro: (i)The development strategy for the subject property is consistent with most of the goals, objectives and policies of the Growth Management Plan. Con: (i) The Growth Management Plan requires coordinated development and adequate access for residents. The proposed PUD scenario does not make adequate provision for access through the PUD, nor does it provide for interconnections with surrounding properties. Finding: The proposed PUD can not make adequate interconnections with adjoining properties because of tlle nat\jral features and the ~e of existing de~elopment abuning '. f the proposed PUD (size and type of development), but the lack of an access road across " ~ .,. .. --. . t-: . It ~ 2 AGENDA ITEM ~.h'-(I1~ ~ OCT 2 ~ 2000 ~~ /9 - . . .. . the proposed PUD should be corrected. The petitioner has stated that the South Florida Water Management District requires that a flow way be provided that bisects the development from north to south and which cannot be crossed by a road. Staff is of the opinion that such flow way can be crossed by a roadway and should be provided if at all feasible. Road interconnections should be provided across the PUD to allow all residents to access both Livingston Road and Whippoorwill Lane. It is also imperative to require provision of dedicated easements and a fair share contribution to construction of a Whippoorwill Lane local collector and an east-west connector road between Whippoorwill Lane and Livingston Road. This will provide for improved access and traffic flow onto both Livingston Road and Whippoorwill Lane. These improvements are needed in order for the proposed development to meet the GMP objectives as they relate to access and traffic impacts. 4. 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. Pro: The PUD has been designed to minimize internal land use conflicts through open space separation thereby protecting sensitive areas and buffering residences internally. The proposed building types and designs are compatible with surrounding proposed development. Con: NA. Findinl!: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code or by approved PUD requirements and conditions to ensure hannonious relationships between proj ects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summarv,Findinl!: The amount of open space set aside by this project meets or exceeds 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. - - '..; . . < 3 AGENGAITEM Na.~ OCT 2 ~ 2000 Pg. rZJ . . .' , . . ., . Pro: (i) Timing or sequence of development in light of concurrency requirements)s not a significant problem. / Con: (ii) Combined impacts of all seven proposed PUDs in this area will create operational difficulties and degraded levels of services for transportation, drainage, and utilities. Total trips for the combined development will be:'about 16,806 ADT. This is significant. Summarv Findin!!:: Timing or sequence of development in light of concurtency requirements is not a significant problem for this single PUD, but operational difficulties and decreased LOS will cause problems for County roadways, including Pine Ridge Road and the future Livingston Road. The best solution to overcoming or minimizing these deficiencies is to provide a CO\lnty collector road and an east-west connector from Pine Ridge Road along Whippoorwill Lane to the future Livingston Road. The County also needs an additional easement for the Kensington Drainage Canal in order to provide adequate drainage for the future Livingston Road and Whippoorwill Lane, and neighboring properties will also need access to the canal for drainage from their properties. Adequate requirements addressing these needs will be placed in the proposed PUD Documents. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summarv Findin!!:: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the . property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure can be made available and any deficiency minimized by making provisions as discussed in Findings # I through #7, above. 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 ofsuch regulations. Pro/Con: Evaluation not applicable. Summarv FiIidin!!:: This finding essentially requires an evaluation of the extent to -which. development stapd:'\l'ds proposed for this PUD depllrt from deyelopment standards . .' ",' ,. . :'. " .'. ." . ,.. . .," . . ' '....... .!, " . AGENDA ITEM No.~,V;' OCT 2 ~ 2000 Pg. ~I 4 " ~ , r,~~ that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for the particular housing structures and associated requirements. The proposed density will be similar to that of the surrounding proposed density (see Staffs Report). FINDINGS FOR PUD-2000-12/DJM . . ..... 0" .."; AGENDA ITEM NO.~ OCT 2 4 2000 Pg. ,:l~ . q. ~ ....... 5 . . . REZONE FINDINGS PETITION PUD-2000-12 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: (i) The development strategy for the subject property is consistent with most of the goals, objectives and policies of the Growth Management Plan. Con: (i) Adequate access to Livingston Road and the need for adequate easement for both widening Whippoorwill Lane and constructing an east-west connector to Livingston Road should also take precedence over other considerations. By providing for future interconnections, fewer access points will be needed and traffic circulation will be improved. (ii) The proposed PUD does not promote improved coordination of land uses with public facilities as stated in Objective 4 of the FLUE. Access across the proposed PUD, which will provide alternate access to all residents, is needed to allow residents to travel both east and west to Livingston Road and Whippoorwill Lane. Such interconnection n interconnection is needed between the proposed Arlington should cross the proposed flow way if feasible. Findinl!: The FLUE promotes the use of interconnections to all future adjacent projects, but the proposed PUD has limited access to adjacent projects due to the natural features of the site, such as the flow way, and the limitations of the existing surrounding development. Regardless, the petitioner does need to provide dedicated easements and a fair share contribution to construction of a Whippoorwill Lane local collector and an east- west connector road between Whippoorwill Lane and Livingston Road. The petitioner also needs to provide an east-west connector road and access across the proposed PUD, which will allow all residents access both to the east and to the west via Livingston Road and Whippoorwill Lane. Exbil)it "B" . . '.-. . \ 1 AGENlJA ITEM..., No.ft.~) ~ OCT 2 ~ 2000 Pg. ~ . . . .. - 2. The existing land use pattern; Pro: A more detailed study is contained in the staff report. Con: None SummarY Findinl!s: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its location within the Urban Residential Subdistrict on the Future Land Use Element and location within the density band. 3. The possible creation of an" isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to other proposed and approved PUDs in this area. Approval of this PUD will not create an unrelated zoning district. Con: Evaluation not applicable. SummarY Findinl!s: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. SummarY Findinl!s: Nearby Lands are zoned, or are proposed to be rezoned, to PUD which will contain similar residential development. In addition, the boundaries are logically drawn by virtue of the site's location and size. 5. Whether cbanged or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the previously approved PUDs in the area and because its relationship to the FLUE (Future Land Use Element of the _Growth Management Plan) is a positive one. " "!o..... - .' . .,....,. 't" '. . '. 2 AGENDA ITEM P<<>,~ OCT 2 ~ 2000 Pi. ,.:1// . fi ~ ~. , " ~ h t . );; ; t~ ,e. ~, f t ; f. -~ .- f , ~ ~",,""_"'_""J.- . - Con: Although changing conditions contribute to the proposed use, the combined impacts from this and other proposed PUDs outweigh the benefits, especially without the necessary widening and extension of Whippoorwill Lane. Development should be limited along Whippoorwill Lane without adequate road access and drainage facilities as would be provided by dedicating additional right of way and contributing a fair share of the expenses for its widening and extension to Livingston Road. ) ,J C Summarv Findin2s: There are problems with the anticipated combined impacts of similar neighboring development being reviewed at this time. There may be operational difficulties related to traffic, drainage, and utilities. This will be minimized, however, by providing dedicated easements and right-of-way, and by providing an east-west connector road between Whippoorwill Road and the future Livingston Road. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) If integrated into a coordinated area-wide plan, there' will be little adverse conditions. Con: (i) Lack of a coordinated effort to plan for necessary facilities will result in operational deficiencies (see Staff Report). Summarv Findin2s: The proposed PUD will not adversely influence living conditions in the neighborhood if the recommended development standards and other conditions are approved to ensure the least amount of adverse impact on adjacent and nearby developments, and roadways. If not, then a lower density should be adopted to ensure that the FLUE policies and objectives are met. 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: (I) The property will access private and public roads providing access to the arterial and collector road system serving the project. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law, this degree of discomf~rt is regulat1;d by concurrenw require!l1en~. ." .,. ,; " ~. . It ~ 3 AGENDA ITEM tI<>.~)~ o:~ 2 ~ 2000 Pi. ,:J.5" .. . & f ii) In the short run, construction traffic necessary for development may be irritating to local residents. iii) The combined traffic impact of the proposed PUD and surrounding and nearby proposed development will cause. operational deficiencies to the local road network, unless the proposed 'east-west connector road from Whippoorwill Lane to Livingston Road is completed. iv) Loss of travel time for users of the same arterial road network due to the need for an east-west connector road. v) A road between Livingston Road and Whippoorwill Lane is needed to minimize future curb cuts and to minimize road access conflicts onto the future Livingston Road. Summary Findinl!s: There will be operational deficiencies if this project is approved, unless additional facilities are provided (see Staff Report and Attachment "B"). Additionally, certain traffic management system improvements may be required as a condition of approval (i.e., turn lanes, traffic signals, dedications, etc.). In the final analysis, all rezone actions are subject to the Concurrency Management System and health and welfare concerns. 8. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prereqUisIte development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Furthermore, the proposed flow way will help to improve area-wide drainage. Con: (i) The combined impact of this and other PUDs may contribute to increased drainage to the Kensington Drainage Canal, especially the drainage from the proposed Whippoorwill Lane. This may be overcome by contributing to the provision of adequate right of way easements for both widening of Whippoorwill Lane and roadway drainage facilities. Summary Findinl!s: Every proje'?t 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 as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required in - ooder to meet County standards as a condition of approval. . '.' . , 4 AGENDA ITEM No. .A(J3)~ OCT 2 4 2000 Pi. ~ . . ~ -. . 9. ~ Whethi!r the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed mixed use development conforms to the approved zoning on the adjacent properties. The overa1\ development standards are compatible with the standards listed ~r the similar commercial districts in the LDC that are designed to protect the circulaton oflight and air to adjacent areas. Con: ~one. -1- Summary Findin!!s: A1\ 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 that apply genera1\y and equa1\Y to a1\ zoning districts (i.e., open space requirement, corridor management provisions, etc.) were designed to ensure that light pef1etration and circulation of air does not adversely affect adjacent areas. ~ 10. Whether the proposed cbange will adversely affect property values in the adjacent ~ area; ; Pro: Typica1ly urban intensification increases the value of contiguous underutilized land. This project should have little negative impact on surrounding properties if development standards and conditions are fo1\owed. . Con: Sometimes, urban intensification is perceived as having a negative impact on neighboring property values. ":. Summilry Findin!!s: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Prope~ 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. The mere fact that a property is given a new zoning designation mayor may not affect ~alue. The proposed POO should have a positive impact on property values, especiaMy if it is developed with transition of density and intensity of development. 11. Wbetber tbe proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regnlations; Pro/Of: Evaluation not applicable. SummV)' Findines: The basic premise underlying the zoning development standards in the LDt is that their sound application, when combined with the site development plan _ approv~l process, gives reasonable insurance that a change in zoning will not deter improvement of adjacent property. '. .,.. , ~f-: ...... .!. " . . 5 AGENDA ITEM ~~ OCT 2 ~ 2000 ~1 Pg. . 12. Wbetber tbe proposed cbange will constitute a grant of special privilege to an individual owner as contrasting witb tbe public welfare; Pro/Con: It is possible that approval of this PUD without stipulations that ensure necessary dedications and a fair-share of roadway improvements, will grant a sPiOcial privilege to the applicant by excusing him from participating in infrastrueture improvements which will benefit him. Summary Findinl!s: Public policy statements support zoning actions when the~ are consistent with said plan. In light of this fact, the proposed change may 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. In this case, the petitioner has proposed requirements in the PUD Document which support the requested zoning action. 13. Wbetber tbere are substantial reasons wby tbe property cannot be used in accordance witb existing zoning; !i; Pro/Con: Evaluation not applicable. . , Summary Findinl!s: The subject property can be developed in accordance witli the existing zoning; however, to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE and by providing necessary facilities to minimize impacts to levels of services. 14. Whetber the change suggested is out of scale witb the needs of the neighborhood or tbe County; Pro: This singular project is not out of scale with the neighborhood. Con: The project as proposed on the Master Plan (concept plan) makes it difficult to determine whether it is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. The concept plan has little detail to assess scale because it is not clear where facilities and homes will be placed, such as the proposed group care facility. i Summary Findinl!s: The subject PUD will not comply with the Gtowth Managefnent Plan if not developed as part of an area-wide plan. Furthermore, although the I'UD Document appears to address the scale of development, the concept plan mak.es it ~ difficult to determine the scale and intensity of development because it does not defme where units may be located in. relation to internal an4i external developmen\. ,,-- / , -., ~.. .. - .... ." . a: ,~ . AGENDA ITEM N?.j.~-!) ~ OCT 2 ~ 2000 :". tfl~ 6 . . . 15. -Whether isit;mpossible-to find-~heMldequate'sitesin the County for the proposed use in districts already permitting such use. , "---~ Pro/Con: Evaluation not applicable. Summarv Findinl!s: There are rrlny sites that are zoned to accommodate the proposed development. This is not the deterdlining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy 01nfrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ; },' Pro/Con: Evaluation not applicable. Summarv Findin2s: The extent !'!of site alteration will be determined as a function of obtaining a Site Development Plan approval that will further define the PUD. 17. The impact of development on !the availability of adequate public facilities alld services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defin~d and implemented through the Collier County Adequate"Public Facilities Ordinance, as amended. Pro/Con: The proposed PUD witf have a minimal impact on LOS if stipulations are made on its approval which minimi'ze road impacts (see Staff Report). -' ~ Summarv Findinl!s: A multi-disc~lined team responsible for jurisdictional elements of the GMP have reviewed this petiti6n for consistency with the GMP. The proposed PUD is consistent with most objective~ and policies but it should also promote improved coordination of land uses with pub~c facilities as stated in Objective 4 of the FLUE. In order to do this, the proposed PUD should be considered as part of the Whippoorwill Lane Coordinated Master Plan, whfch reasons that this PUD and others in the study area have a'combined impact on levels of services, access, and drainage. The applicant should be required to participate in area-wide planning by dedicating easements for a local collector road and drainage, and ~ providing a fair share contribution to that road's construction. A planned future ro~ interconnect should also be specified between the abutting properties t9 the south and this PUD. Conditions of approval are incorporated into the PUD document to ensure diat most of these 'heeds are met, but the planned road interconnection is not specified. iherefore, a c6"ll.dition is needed to ensure that this - important access point is provided. _ ,c" .~____ - ' . . '. , , . -~;-.....~:.!,y",...:., :y':W:.- . AGENDA lID NAR(i<\"/ OCT 2 ~ 2000 Pi. ,jl1 7 ~._.~--_.. ,~ .- . ~ , , - STEWART&STORTER ArroRNEYS AT LAw <941l 353-1040 FAX (94 \) 353-5191 'WtBSrTE: WWW.Sn:w.ARTANDSTORTER.COM SUITE 101 212 I Go\JNIY Rew> 951 GolDEN GATE. FL 341 16-6543 IES C. STEWART. JR. ~./"nt-nTTF-D IN GEoROlA "WI' - R@STE'WARTANDSTORTER.COM SUSAN J. STORTER PRAcncE I...tMlTED To J\oc)p'noN SJS@STEWARTANDSTORT'ER.GOM DANEI~ D. STEWART. elA. GnA GERTlflED UCiAL AsSlSTl\NT DDS@STEWAR'tANDSTORTER.GOM July 14,2000 ~ '::.~ Mr. Don Murray Principal Planner Planning Services Department Collier County Community Development Services Division 2800 North Horseshoe Drive Naples, Florida 34104 HAND DELIVERY , and Environmental RE: PUD-2000-12 -ARLINGTON LAKES PUD Section 18, Township 49 South, Range 26 East .;.,.. Dear Mr. Murray: . This firm represents Mr. and Mrs. Edmund H. Poore, neighbors of the property subject of the referenced rezoning application (the "Subject Property"). Mr. and Mrs. Poore object to the re-zoning and PUD on the following grounds: (1) the PUD and re-zoning would permit the elevation of the Subject Property to be raised over the elevation ofMr. and Mrs. Poore's property (as well as over the elevation of other adjacent and neighboring lands (Mr. and Mrs. Poore's property, together with the other adjacent and neighboring lands, the "Impacted Property")), (2) the proposed 610 residential dwelling units are excessive, even by Collier County standards, and (3) that portion of Nighthawk Drive lying on the Subject Property must be preserved. .i~ J,.- The raising of Subject Property elevations would cause the Impacted Property to become inundated with run-off, particularly storm water run-off, especially during the rainy season. As you probably know, similar run-off has been a frequent result of development in Collier County, negatively impacting not the developers nor the residents of the developments, but rather the neighbors of the development. Furthermore, water that has historically remained on the Subject Property would flow not toward the lake and preserves the applicants have agreed to maintain, but rather toward the Impacted Property. Such effect would result in an irreversible, permanent deviation of water flows within the area of the Subject Property and the Impacted Property; with long range environmental impacts that are unknown at this time. f - ~ '* - ", I; ~ ,- Mr. and Mrs. Poore propose that the applicants be reqilir\ld to mitigate the ...,., damage that would be done to the Impacted Property by constructing berms along all north-property lines of the SuBject Property'as'weil'as the westerly property line ' ~1' ~ . AGENDA ITEM ~~ OCT 2 ~ 2000 Pg. ,1"0 .., ,.".-...".-. . 1 . ." ' . ~ '. . '" Mr. Don Murray July 14,2000 Page Two l " ... . - -, ( portion of the Subject Property that extends north of Nighthawk Drive and drainage swales immediately south of the berms along the north property Ines and immediately east of the berms along the west property line. The height and conlguration of the berms and swales should be sufficient to prohibit storm water run-off onto the Impacted Property. The burden of such requirements on the applicants woul'ot be excessive:. Such berms and swales would ensure that the preserves and lake receive the waters historically remaining on the Subject Property and minimize the environmental impact upon the Impacted Property. ~ The requested 610 residential dwelling units far eiceeds the capacity of the Subject Property. The developer should dramatically downsize ffs request. A portion of the Subject Property is subject to Mr. ind Mrs. Poore's road right of way easement for Nighthawk Drive recorded at Official R~ords Book 335, page 838, Public Records of Collier County, Florida. Any approved use of the Subject Property must not interfere with Mr. and Mrs. Poore's use rights or with Ni1thawk Drive. In any event, Mr. and Mrs. Poore appreciate your consideration and look " forward to your response. . cc: Mr. and Mrs. Edmund H. Poor Sincerely, ~ " " -,.~ I < r , ....,...... f , " ~ ." . t.. '. ." m, . . t ~:r--=-__~ __ ~<5i-"""'\ . .0. OCT 2 ~ 2000 -F'g."~ May 1, 2000 LAND SURVEYING LANDSCAPE ARCHITECTURE Mr. Donald Murray, Principal Planner Current Planning Collier County Community Development Services Center 2800 North Horseshoe Drive Naples, Florida 34104 Re: PUD Rezoning Petition Application Project: Arlington Lakes PUD Location: Section 18, Township 49 South, Range 26 East, Collier County, Florida Dear Mr. Murray: Pursuant to our Pre-application Conference, please find the attached application petitioning Collier County's Board of County Commissioners for a PUD Rezoning. You will find a check (#7209), to satisfy the application and processing costs which are prescribed by Resolution No. 99-328. The following documentation is included in the 15 copies of the petition application package: 1. 2. 3. 4. 5, 6, 7, 8, PUD Rezoning Application; Proposed PUD Document; Proposed PUD Master Plan; Environmental Impact Statement; Aerial Photograph; Boundary Survey: Traffic Impact Study; Conceptual Water Management Computations & Plan The subject property, being approximately 98.36 acres is presently undeveloped, and is proposed to be developed by SJ. Benson & Associates, Inc" with no more than 610 residential dwelling units. Please refer to the Basis For Approval for a description of the proposed project. Should you have any questions regarding this PUD Rezoning Petition request, please call me so that I, or the environmental consultant may address your concerns. . ~ , Dwight Nadeau - - Planning Director . Enclosufes cc: Client [lH'.:"'~.GToS.u.w;GTO!\l'L"D""?PI.irJ>i)Ci~3iOOJ--~- .__._--" '"-".. -.'-----.-' ..- -, .- -.----". .... ....; . < _~.__V__.'_."'_________'__'_ .._.___....______ AGENDA ITEM __."'1.~~!_~ OCT 2 ~ 2000 <Jtf2 Pg. 5435 PARK CENTRAL COURT, NAPLES, FLORIDA 34109 MAILING A,'DRESS: PO. BOX 11717, NAPLES, FLORIDA 34'01.'717 94') 593.3299 FAX (94') 593-3298 I I I I I I I I I I I I I I .1 ~ j ~ B ~ ~ UJ. JAI: OJ , ~ " , EST. E--< . ,os ~ , , " U a . a . ![ i,l" r ~' VICINITY I , P<lJCN< . 'EllCAN ,\ ...... ,,- :IS ~'i1 " i\ ~~ 1\ ~ , ~ , , VAHDDtBIlT B~ ROAD I "'" "'0>< MAP '" GO.J)EN CAT[ ESTAltS "'" II , \ --. b jfr ... """"""'" ... '" , """"""" VANOERBIl T BEAOi ROAD 00. i ~ 00. . VlNEYAJl:QS , V.F.W. ""'"... 0ltiDW PRINClSS ...... ,- ,.., GCL.DOlGA1EtSTATtS UNIT J5 PINE"'" , V1wrYAADS " ""'" " . " " ~,ti'l.E.S 1. a..T.c. H.....'S R1lX:E ~~ ~ ;~ < ,. ~ a 0 . . Ii ~ ~tyOfoJ(S DO ~ ~ ~ . (c.~. III) .. GOl..DEN GATE PNUCWA'r GREY CWC:S o. Qll~OAKS 00 .. R. E. 25 "11I0Il ,'^'-' n 00l.D0i CATE ES1ATtS UNIT J3 ~ " . ~ . . . . '" GO\.OC~ CATE t!;T"'T!:S UNIT~' ~ ~ g .,.."..OC\oIU!E ! # . G<lllEN .". g "''''' ...., .. . c ,'; iff ~ . { G<lllEN ..1< UJ. ESTAlES "'" '" (C.IlIi6) OJ T PIN[ IllDCE ROAD 00. ;. ~ .. ! " ,!! il """'" ..1< E--< . ESTAla Y ""T ... ~EDl BOULEVA.RD "", .'11!: " , i- =!E '" GOLOOl GoI.1'! ESTA'TES UNIT a FCON!)tRS < PARKWA'!' F'L..A.ZA !i PROItlDlADE a 'JA~DA . GO.-DOro' CArr t:s1'A'It:S UMT Xl ;! ~ i ,t. R. 26 ""'S.J. ~ONIASSOClATES..INC. ,,"o..ECT, ARLMGTON LAKElI J>II) s Ul; TW'P 411 9: RNt 28 n COUJER COUNTY. n "" I MeANLY ENGINEERING . ~2.~ 1?cF.~!~~ !~G, !!!~" -""D LANjl5CAP[ AACHlTECTUR[ ....' ~ .. M~ PAAK t:DlTRAL COURi '.. . . . ~ . NAPI...ES. FlORIDA 34109 . -...'\. r~'" ~~~-:~?9D f'AX f~l) 93-J2N ~ VICINITY MAP -~ s.c.o..!.L ....l_S. D~.:C.h." CHI..:"'.::'!.' 01;',-, G-I/:lOO: BFlO"""/~NC""'CH.DWC I CCP'fRIGHT, :ZOOO BY W~lY ~G1NErRINC AND otSIGtrI., INe. ~ RIGHTS II: .,; Ip.S. E. J 1'0'0. R~ PRo.EC1; 001)31 '. ~ , ~ - Pg. I I I I I I I I I I I I I I I I P-/ , I .. ~ APPLICA nON FOR PUBLIC HEARING FOR:PUD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) SJ. Benson & Associates. Inc. Applicant's Mailing Address 174 West Comstock Avenue City Winter Park Florida Zip 32789 State Applicant's Telephone # (407) 629-1119 Fax #: (407) 740-5533 Name of Agent Dwight Nadeau McAnlv Engineerinlf and Design. 1ne Firm Agent's Mailing Address 5435 Park Central Court City Naples Florida State Zip 34109 Agent's Telephone #: Fax#: 775-0723 775-9236 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941)403-2400IFAX(941)643-6%8. .' .- ., 0: . ~ , - '. .... APPLlCA TlO" FOR PI'RUC HEARJ"G FOR Pl'n REZO"E.5/9~ AGENDA ITEM PA E 1 ~~AJ~ OCT 2 ~ 2000 Pi. \W I I I I I I I I' I I I I I I ..-. ,...~ ..- -- - ~ ",~" ._~ . @:::'".: '"'-~_. i...."-,-.""".",.," ... ...... ;:~c- c 2. Disclosure ofInterest Information: .. l' , a. If the property is owned fe~ simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets ifnecessary). . { I Percentage of Ownership Name and Address ;:'-- .. b. If the property is owned by a CORPORA nON, list the officers and stockholders and the percentage of stock owne~. by each. Name and Address. and Office , ") " Percentage of Stock c. If the property is in the name. of a TRUSTEE, list the beneticiaries of the trust with the percentage of interest. Name and Address ..See attached List ofBeneticiaries - - . , .~PPUC.~TIO" FOR Pt'BLlC IIEARI:-OG FOR Pl'D REW"E-S/98 Percentage of Interest . \ , AGENDA 1Tb- - No.. dA)1-- GE2~ OCT 2 ~ 2000 Pg. \...~ I I I I I I I I I I I I I I I I I" , ,- _. ( d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, aist the name of the general and/or limited partners. ' Name and Address Percentage of O\\nership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract pur~hasers , below, including the officers, stockholders, beneficiaries, or partners. Name and Address S. 1. Benson! Associates. Inc. Percentage of O\\nership 100% , It Date of Contract: 3/7/2000 f. If any contingency clause of contract tenns involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Dale subject property acquired (x) leased (): 6/15/93 Tenn oflease Date subject property acquired (x) leased (): 5/24/83 Tenn oflease Date subject property acquired (x) leased (): 4/28/83 Tenn oflease yrs.lmos. yrs.lmos. yrs.lmos. . ~~. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date' option . lit - ..... APPLlCATIO:\' FOR Pl'BLlC HEARl:\'G'FOR PleD REZO:\'E-5198 I , ... ~ I ~ ..... .. .; "; ". .. : I I I I I I I I I I I I I I I I , ~ ,~ I .. - , h. Should any changes of ownership or changes in contracts for purchase subsequent to ' the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le2al description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise conceming the legal description, an engineer's certification or sealed survey may be required. Section: Township: 49 S Range: 26E 18 Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 00286480004 Metes & Bounds Description: THE NORTH HALF. OF THE NORTHWEST OUARTER (NW ,/.). OF THE SOUTHWEST OUARTER ISW ,/.). OF SECTlON 18. TOWNSHIP 49. SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. AND ~ THE NORTH HALF eN '/2). OF THE SOUTHEAST OUARTER ISE '14). OF THE SOUTHWEST OUARTER ISW 'I,). OF SECTION ]8. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA AND ~ THE NORTHEAST OUARTER (NE 114/). OF THE SOUTHWEST OUARTER (SW \4) OF SECTlON 18. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. AND' ~ THE SOUTH HALF IS '12), OF THE SOUTHEAST QUARTER ISE \4). OF THE NORTHWEST OUARTER (NW \4). OF SECTION 18. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. THE ABOVE DESCRIBED TRACTS CONTAINING 98.36 TOTAL ACRES. MORE OR LESS. . '..; . . S~JECT TO THE EASEME1\!TS. RESTRICTIONS. AND ~SER V A pONS OF RECORD. APPUc.nlO'< FOR Pl'Rue HEARI'<C FOR PI'D REZO,<E-519l< AGENDA liEM . ~ r;rNo----.L.f /1.1;;'- I.I;._.~ OCT 2 4 2000 n~ l?? I I I I I I I I I I I I I I I I 1- ~ I . i.~ 't " 1 4. Size of prooertv: 1320 ft. X 1303 + 660 ft. X 2587 + 660 ft. X 1299 ft. ft. ft. = Total Sq, Ft. 4.284.562 Acres 98.36 5. Address/general location of subiect orooertv: The propertv is located on the west side of \VhippoorwiII Lane. approximatelv 1850 feet south of Pine Ridge Road (eR. 896), 6. Adiacent zoning and land use: Zoning Land use N A. and RSF-5(0.4) Undeveloped/Single-familv homes/Borrow pit S A. and A.CU Single-familv home/Cleared lands/Borrow pit E PUD Single-familv homelUndeveloped W A. and PUD Single-family homeslUndeveloped Does the owner of the subject property own contiguous property to the subject property? If ~o, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section Township Range Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 00286480004 Metes & Bounds Description: ." ". ". .. ...,... APPLlCATJO:\' FOR Pt'DUC IIEARI:\'G FOR PI'D REZO:\'E-5198 . ..... " . ' .!" '. . P GE 5~AITEM No. )~ OCT 2 ~ 2000 Pg: I :iY I I I I I I I I I I I I I I I I I ~ I . 7. Rezoninl! ReQuest: This application is requesting a rezone from the A.. Agriculture zoning district(s) to the PUD. Planned Unit Develooment zoning district(s). Present Use of the Property: Undeveloped. other than a borrow pit. and FP&L transmission line. 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2.7.2.5) 1. Whether the proposed change wil! be consistent with the goals, objectives, and policies and flltllre land IIse map and the e/emell/s of the growth management plan. Yes, see the Statement of Compliance located in the Arlington Lakes PUD Document. 2. The existing land IIse pattern. Yes, the proposed project will be consistent with the existing land use pattern, given the recent approvals of PUD Zoning adjacent and surrounding the proposed PUD propert)'. 3. The possible creation of an isolated districtllnre/ated to adjacent and nearby districts. No, the proposed PUD Zoning District will be comparable and compatible to the recently approved PUD Zoning Districts adjacent and surrounding the subject property. 4. Whether existing district bOllndaries are illogically drawn in relation to existing conditions on the property for the proposed change. j , Yes, the Agricultural Zoning ,District in the UrbanlMixed Use Future Land Use Designation is mert!\y a holding District untif it is appropriate- for a cha.nge .to, a Urba~ District. ~ .. .. . ... "... ., .. APPLlCATIO:>; FOR Pl'BLlC HEARI:>;G FOR Pl'D REZO:>;E-5/98 . A ENDA ITEM AGM~J-2:- OCT 2 ~ 2000 PII. <3.r , I I I I I I I I- I I I I I I j I ~ f I ~ - , 5. Whether changed or changing conditions make the passage of the proposed amendme1l1 (rezone) necessary. Yes, it is evident through the Board of County Commissioners' approval of similar pun Zoning adjacent and surrounding the proposed pun Property, that the approval of Arlington Lakes pun is key to the needed "area-wide" infrastructure demands, and consistency with existing pun Zoning. 6. Whether the proposed change will adversely il/fluel/ce living conditions in the neighborhood. No, the proposed change will enhance the living conditions through "area-wide" infrastructure improvement commitments. 7. Whether the proposed chal/ge will create or excessively iI/crease traffic congestion or create f)pes of traffic deemed incompatible with surroul/dil/g land uses, because of peak volumes or projected f)pes ofvehicu/ar traffic, il/eludil/g activity duril/g construction phases of the development, or othenl'ise affect public safety. No, the roadway infrastructure commitments attendant to the approval of this pun will improve existing vehicular circulation patterns, and will enhance access opportunities required for public safety. 8. Whether the proposed chal/ge will create a drail/age problem. No, the drainage infrastructure commitments attendant to the approval of this pun will signilicantl~' improve existing drainage. 9. Whether the proposed chal/ge will seriously reduce light al/d air to adjacellf areas. No, the development standards in the pun document ameliorate any potential light reduction issues, and standard practices for infrastructure construction will include the reg,ular watering of unlinished roadways. - - APPLlCATIO~ FOR PllBLlC HEARISG FOR PliD REZOSE-5198 . , AGENDA ITEM . . No. /d(~)~ P GE oef 't ~ 2000 Pg. 1/(J I I I I I I I I I I I I I I I I I , I J O. Whether the proposed challge will seriously affect property values ill the adjacellt area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that 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 tbe determination by law is driven by market value. The mere fact tbat a property is given a new zoning designation mayor may not affect value. The proposed PUD should have a positive impact on property values. J J. Whether the proposed challge will be a deterrelllto the improvemellt or developmellt of adjacellt property ill accordallce with existillg regu/atiolls. No, the basic premise underlying the zoning development standards in the Collier County Land Development Code, which the PUD document will become a part of, if approved, is that their application, when combined with the approvals processes, gives reasonable assurance that a change in zoning will not deter improvement of adjacent property. J 2. Whether the proposed challge will COllstitute a grallt of special privilege to all illdividual oWller as cOlltrasted with the public welfare. No, the proposed PUD rezoning complies with the Growth Management Plan. Public policy statements support zoning actions when the are consistent with said Plan. In light of this fact, the proposed zoning change does not constitute a grant of special privilege. Consistency with the Future Land Use Element of said Plan is further determined to be a public welfare relationship because actions consistent with the Plan are in the public interest. J 3. Whether there are substantial reasolls why the property canllot be used jn accordance with existillg zOlling. The subject property can be developed in accordance witb the existing zoning, however, to do so would deny this Petitioner of the opportunity to maximize the' development potential of the site as made possible by its consistency relationship with the Future Land Use Element of the Growth Management Plan. ' APPUCA no:" fOR Pl'BLlC HEAR/:"C FORP\''lJ REZO:-''E.5198 "10,',' ~ . '.- . ..GENOA ITEM PA~./~J'I1) fJ.. OCT 2 ~ 2000 Pg. -'/j '., '^ ,--_. '---"-~'"--"....-. I I I I I I I I I I I I I I I I j I I 1 14. Whether the challge suggested is out of scale with the lIeeds of the neighborhood or the county. I !, No, the proposed PUD will not be out of scale with the needs of the neighborhood if the density is limited to the proposed 6.2 dwelling units per acre. .> ! 15. Whether it is impossible to find other adequate sites in the county for the proposed use ill districts already permitting such use. There a few sites that are zoned to accommodate the proposed development, but this is not usually the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the Growth Management Plan, compatibility, adequacy of infrastructure, and to some extent the timing of the action and all of the above criteria. 16. 177e physical characteristics of the property alld the degree of site a/teratioll which, would be required to make the property useab/e for any of the range of potentia/uSes under the proposed zoning classification. The extent of site alteration will be determined as a function of obtaining development plan approvals that will further define the PUD. 17. The impact of development on the avai/ability of adequate public facilities and services consistent with the levels of se/Tice 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. Ill, as amended. The programmed improvements as set forth in Collier County's Capital Improvement Element of the Growth Management Plan, combined with the Petitioner's commitments to participate in area-wide infrastructure improvements addresses the adequacy of public services and levels of service to be consistent with the Growth Management Plan relationships. 18. Such other factors, standards, or criteria that the board of county commissioners shall ( deem importam in the protection of the public health, safety, and welfare. ;~; To be determined. . .- ,'" , - I " APPLlCATIO:-> FOR 21'BLIC HEAR.I:->G FOR PlTD REZO:->E.5/98 , ~ .. .'~ .. . . ... . '" ~..; ", ... ,"GENbfnl A PA~ O~T 2 ~ 2000 Pg. ~...'2. , ( , I I I I I I I I' I I I I I I I I I I I PUD Rezone Considerations fLDC Section 2.7.3.2.5) I. The suitability of the areafor the type and pattem of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed PUD's consistency with the locational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed PUD document give assurance that all infrastructure will be developed consistent with County regulations. 2. Adequacy of evidence of unifted coll/ro/ and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particu/arly 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents submitted with this Petition Application provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. COI!(onnity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please refer to the Statement of Compliance located in the Arlington Lakes PUD Document. 4. The internal and external compatibility of the proposed uses, which conditions may include1estrictions onlocalion of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code - - to ensure,harmonious relationships' between projects. " , _ , APPLICATION FOR PUBLIC HEARINGFORPliO REZONE.SM. . AGENP~ >!.W . PACl!9'~ OCT 2 ~ 2000 . ------~---.__.- Pg. ~ - I I I I I I I I I I I I I I I I I I I I 5. The adequacy of useable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this proposed project meets or exceeds 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. The timing and sequence of the permitting the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities can be provided. 7. The ability of the subject property and of surrounding areas to accommodate expansioll. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject property is timely, because supporting infrastructure are available, or will be in place by the time permitting of the proposed improvements is complete. 8. Co/!formity with PUD regulations, or as to desirable modifications of such regulations in the particular case. based on determination that such modifications of justified as meeting public purposes 10 a degree at least equivalent to litera/ application of such regulations. The development standards in the proposed PUD document are similar to those standards used for the residential structures and related improvements when compared to County regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. ~ . ;.. 0- ,..',' APPLlC,O;lO~ FOR PUBLIC HEARI~G FOil PUP REZO~E-~ . '. . . AGENDI<. ITEM No. A{~) j... ~ AGE ]~f'-~ r OCT 2 4 200D ) '~ pi ~ , .--.::>..- ---.- I I , I I ~ . I I I I I I I 1'1 I I I . I I 1 10. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal reauirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the preapplication meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8'/," x II" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB, or CCPe]: . all existing and proposed structures and the dimensions thereof, provisions for existing andlor proposed ingress and egress (including pedestrian ingress and egress to the site and the structure( s) on site), all existing andlor proposed parking and loading areas [including matrix indicating required and provided parking and loading, including required parking for the disabled], . required yards, open space and preserve areas, proposed locations of utilities (as well as location of existing utility services to the site), proposed andlor existing landscaping and buffering as may be required by the County, . . . . c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. APPLlCATJO~ FOR PI'BLlC HEAR.i:-;G'tOR Pl'D REZO:-iE.SJ98 f . . - .... ... ~ ." .,- .. ~... ".-. A ~AhltEM No. .#~ ),;)- OCT 2 4 2000 Pi, 1f!) I I I I I J I I. I I I I I ) i' I j I I e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identifY plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver application if the property is located within an area of historical or archaeological probability (as identified at pre- application meeting); 1. Any additional requirements as may be applicable to specific uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLlC..\Tf/):" FOR PI'sue lIEARI:\"G FOR PI'D REZO:"E-SI98, , < PAG9.II>~llEM ' No.~~).P- OCT 2 ~ 2000 Pg. ~ I I I I J I . I I I I I I I Ji I I I , ~ ~ - I I 1 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1. NAME OF APPLICANT: S.J. Benson & Associates. Inc. 2. MAILING ADDRESS: 174 West Comstock Avenue CITY Winter Park STATE Florida ZIP 32789 3. ADDRESS OF SUBJECT PROPERTY (IF A V AILABLE): The orooertv is located on the west side of Whippoorwill Lane, approximatelv 1850 feet south of Pine Ridl!e Road (C.R. 896). 4. LEGAL DESCRIPTION: Section: Township: 49 South Range: 26 East 18 Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 00286480004 Metes & Bounds Description: THE NORTH HALF. OF THE NORTHWEST OUARTER (NW '14). OF THE SOUTHWEST OUARTER (SW '14\. OF SECTION 18. TOWNSillP 49. SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. AND ~ THE NORTH HALF (N '/,). OF THE SOUTHEAST OUARTER (SE I/A OF THE SOUTHWEST OUARTER (SW 'I.\. OF SECTION 18. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA AND: THE NORTHEAST OUARTER (NE 1/4/). OF THE SOUTHWEST QUARTER (SW 'I.) OF SECTION 18. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. AND: THE SOUTH HALF (S '12). OF THE SOUTHEAST QUARTER (SE '14), OF THE NORTHWEST QUARTER (NW '14), OF SECTION 18. TOWNSillP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. THE ABOVE DESCRIBED TRACTS CONTAINING 98.36 TOTAL ACRES. MORE OR LES.$ . ' SUl}JEC~ TO THE EASEME~TS. RESTRICTIONS AND RESER~ Atl~NS OF RECOltr)'. - ... ... "" ........ APPLlCHJO:'> FOR PI'BLlC HEARI:'>G FOR PI'D REZo:'iE-S/98 '. . " ~G~7~ AG~i ' OC1 Z 4 2000 pi. ~? I I I I I I I I I I I I I I I I I' I I . '~ ':,' 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Applicable system): a. COUNTY UTILITY SYSTEM Ig] b. CITY UTILITY SYSTEM 0 Co FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME II. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) Ig] o o o 7. TOTAL POPULATION TO BE SERVED: 1525 8. PEAK AND AVERAGE DAILY DEMANDS: WATER-PEAK 705.312 GPD A VERAGE DAILY 282.125 GPD SEWER-PEAK 884.500 GPD A VERAGE DAILY 221.125 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRA TIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. . . .... I , ,,~ AGENDA ITEM ~" )'Z(~).?- GIfl&Jo~ I(i 2000 pro //r .'~. ..'. . ..: . It ~'''' ". ". APPLlCA T10X FOR PVBLlC IIEARJ:'iG FOR Pl'O REZO:'iE-519l1 I I I I I I I I. I I I I I I I I I I I ~ 1 ll. COLLIER COUNTY UTILITY DEDICATION STATEMENT: Ifthe project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of all construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Prm"ion Statement R.JM 10/17/97 COLLIER COUNTY UTILITY DEDICATION I, Sam Benson, as President of SJ. Benson & Associates, Inc., hereby agree to dedicate the proposed water distribution and sewer collection facilities to be constructed in the Arlington Lakes project to Collier County, If applicable, SJ. Benson & Associates, Inc., also agrees to pay the County Utilities Division system development charges and connection fees prior to the issuance of building permits by the County. Sam enson. President S.J. Benson & Associates, Inc. STATE OF M-t:>n ciA- COUNTY OF {!)rp, ..."JtT€' , . The foregoing instrument was acknowledged before me this \ ~. day of .\'('\ <>-..... , 2000. by Sam Benson. on behalfofS.J. Benson & Associates, Inc.. who is personally known to mE!, and who did not take an oath' rd ~~- \\1'\ "......,J ~.:....QS....... NOTARY PUBLIC NOTARY PUBLIC '.' , AGE~lfPJ/l. AGM~ APPLICATION FOR PUBLIC HEARING FOR pun REZONE-SI98 OCT 2 4 2000 Pi. A/<1' I I I I I I I I I I I I I I I I I - I I 1 PUD REZONE APPLICA nON SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLlCA nON PACKETS REQUIREMENTS" #OF NOT COPIES REQUIRED REQUIRED ] C'nmnl..t..d Annlkatinn 15 X 2. Copy of Deed(s) and list identifying Owner(s) lInd all 1 X Partners if a Corporation 3. Completed Owner/A!!ent Affidavit, Notarized 1 X 4. Pre-annlication notes/minutes X _ 5. Conceptual Site Plans X . Environmental Impact Statement-(EIS) 15 X 7. Aerial PhotOl!raph-(with habitat areas identified) 15 X 8. Completed Utility Provisions Statement (with required 15 X attachments and sketches , 9. Traffic Imn~rt St~t"m"nt-ITIS\ . 15 X ]0. Historical & Archaeolo!!ical Survev or Waiver 15 X ]]. Conies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X ]3. Application Fee, Check shall be made payable10 - Collier County Board of Commissioners ]4. Other Requirements - , As the authorized agent/applicant for this petition, I anest that all the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process of this petition. .' ....,. Agent! Applicant Signature , J Date ".'" '," '. . . ~GENOIIIITEM AGE~7~ OCT 2 ~ 2000 APPLlCA TJO:>> FOR Pl'BLlC HEARI:>>C FOR PI'D REZO:"E-5/98 Pg.t em I I I I I I I I I I I I I I I I I' I I AFFIDA VIT I, Sam Benson being first duly swom, depose and ~ that I am President of S.J. Benson & Associates, Inc., who is contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As contract purchaser I jUrther authorize Dwight Nadeau. Planning Director of MeAnly En neenn e. to act as my representative in any matters regarding this Petition. / " ~ I Signatu e of Contract Purchaser SaM. 'DeLASDV'\ Typed or Printed Name of Q.mer c",..rrrJ'rc. r/"'&C#Ilser The forgoing Application was ackno..../edged before me this '-s\ day of \\1 (.v ')..::,(., 19_, by c::;> ,~_~,","', -:.... r'\, ._/_ . who is personally Imown 10 me, Qj' who has produced as identification. State of f::t.onj;. County of (J"~..)7e ;--4' ~ . . (' h,~L_ no....'-'v\..~~;:...~ (Signature of Notary Public'- State of Florida) (print, Type, or Stamp Commissioned Namc.oj.Notary Public) . / , APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-S/98 1I>:a- :;.. ." _ . 0" ". . ". o. AG~~~~..)- . ~ : OCT 2 4 2000 pg.,p I I I I I I I I. I I I I I I I I S.- I I ~ 1 BASIS FOR APPROVAL The subject rezoning property encompasses approximately 98.36 acres of land, and is located in the W~.L il"lf of Section 18, Township 49 South, Range 26 East. The Arlington Lakes POO shall be a residential development centered around a "flowway"/Preserve. The amenities proposed to Qe provided in the project include structures and areas. to provide social a~d recreational. space, lakes, nat~ral and landscap~ open spaces, and a vanety of passive and actIve recreatIonal opportunItIes. The proposed PUD property IS llicated less than one mile from the intersection of Pine Ridge Road and Interstate 75, fa designated Interchange Activity Center (Activity Center #10), where higher intensity uses are directed in the:Future Land Use Element of the Collier County Comprehensive Plan. The proposed residential density of Arlington Lakes bein.g 6.2 dwelling units per acre is comparable and compatible with surrounding approved land uses. For example, the Whippoorwill Lakes PUD, which is adjacent to the east of the subject property is approved for a residential density of 6.74 dwelling units per acre. Further, the Whippoorwill Pines PUD, ~djacent to the east of the subject rezoning property is approved for 180 residential dwelling units on 29.54 acres, thus yielding a d"ensity of 6.1 units per acre. The proposed project site is presently undeveloped, except for an existing 10 acte borrow pit, and FP&L transmission ("feeder") line. The site has been historically timbered and utilized for Pattie grazing. Portions of the property have been subjected to wildfire, and the majority of the property's jljrisdictional wetlands have been extensively infested with the exotic species Melaleuca. The property is gentrally without topographic relief, with elevations ranging from 10.1' to 12.1' above mean sea level. The site dontains extensive a~eas of jurisdictional wetlands and are characterized as transitional wetlands in which the !predominant vegetation is Melaleuca, with a mix of pine and c)1Jress and associated upland and wetland plants. The water management system consists of approximately 34 acres of open space which will receive runoff fiom structures and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the central flow-way. The lakes are interconnected by culverts and/or the preserve areas, with project outfall being at the project's southeasterly comer to connect with the flow-way proposed in the Whippoorwill; Woods PUD. Discharge from Whippoorwill Woods PUD will be into the 1-75 Right-of-Way and the D-2 C~nal. Allowable discharge rates will be in accordance with Collier County Ordinance No, 90-10. ~ Access to the property will be from the proposed Livingston Road. The segment of Livingston Road between Vanderbilt Beach Road and Immokalee Road is planned to be improved with a fOllr lane divided roadway programmed to be completed in 2001 (Capital Road Project #53). The timing 'of the completion of that segment of Livingston Road should coincide with the anticipated completion 6f the required pennitting processes necessary for Arlington Lakes PUD to commence construction. The developer will be a willing participant in a "Developer's Contribution Agreement", to ensure the proposed off-site infrastructural improvements are in place for the project's timely development. Evidence of that commitment is conta1ned in the Arlington Lakes PUD document. In addition to the off-site infra structural improvements that the developer will be a part of, a 19i;t acre "flowway" will bisect the subject property, the,eby providing for an area-wide drainage facility, thatlwill be tied into the drainage improvements of adjacent projects as well as augmenting "'e drainage improvements proposed by Collier County. This "flowway" is as a result of several meetings witkboth the U.S. Ann)l Corps of Engineers and the South Florida Water Management District. Please refer to the Arlington Lakes PUD Master-Plan and POO document to lea"1 more about the proposed "flowway".. Each re~idential unit will be served witjl centrally provided potable water, sanitary sewer, electric Dower and telephone. Additional services will be p'i-ovided as deemed appropriate.. . . '.: . AGENDA ITEM No"~ )3- t. OCT 2 ~ 2000 Pg. <5"~ DMS:-..' ARlJ':'>iGTOS" ~GTIJ~"BASlS_DOC l4.'~flO(ol ""' I I I I I I I I I I I I I I I I I I I .... ~'~~~~~ ;;:~,;:; 2'F,ti<'~.IIiIi. iiHt: ~ ~ tH~ I! .lil: 1111I.. m~mER~EEIRIi.....~ EmmEEE.......E...~= S.J. BENSON/Associates, Inc. COMMERCIAL DEVELOPERS May', 2000 MeAnly Engineering and Design, lnc. 5435 Pm Central Court ' Naples, Florida 34109 To Whom It May Concern; Please be advi.e<lthal authorization is her,ehy given to the firm of MeAnly Engineering and Design, lnc. to "" .. agent for S.J. Benaon & As.ociates, Inc., in all actions relating to the penniltins of a residential development on the forlowing described landl~ THE NORTH HALF, OF THE NORTHWEST QUARTER (NW V.), OF DiE SOUTHWEST QUARTER (SW V.), OF SECTION 18, TOWNSHIP 49, SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORlDA. AND; THE NORTH HALF (N 'h), OF THE SOUTHEAST QUARTER (SE Yo), OF THE SOU1'IIWEST QUARTER (SW V.), OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND, THE NORTHEAST QUARTER (NS V.), OF THE SOUTHWEST QUARTER (SW V.) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND; DiE SOUTH HALF (S V,), OP THE SOUTHEAST QUARTER (SE V.), OF THE NORTHWEST QUARTER (NW V.), OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COllIER COUNTY, FLORIDA. TIlE ABOVE DESCRlBED TRACTS CONTAINING 98.36 TOTAL ACWS, MORE OR LESS, SUBJECT TO TIlE EASEMENTS. RESTRlCTJONS, AND RESERVATIONS OF RECORD I ~ /1 //~ Sam mnson, P....ident S.J. Benson & Associates,lnc, ,'\ / STATE OF FLORlDA COUNTY OF ORANGe The foregoina insUllmenl was acknowledged bofore me thi..1 -:,1" day of ,\\r-, "'~1 . 2000, by SNtl Ben!on. President, of 5.1. Benson &. Associates, Inc., who i, personally known to rt'e, U\d who did not fe an otlth r~ . '- r--. . ,---..-1/(..._\.",- \" 1~, ,_ ~ ,.,..., .. NOTARY PURtle -r:~.~ ,. - "!'lOT ARY PUBUC: :, Commission Number: Witness ~ hand and seal this _~ day of fl\~_ ._' 2000, / 174 W COMSTOCK AVENUE. SUITE 115. WINTER PARK. FLORIDA 32789 ' PHONE 407/629-1119, F - ~.' " AGENDA ITEM '., ~~J""'t OCT 2 ~ 2000 407174Q-553J,..., Pg. ,~ -I !:! !:! !:! !:! !:! !:! !:! !:! !:! 1 c .of.$l , ~tat, ~--" ," Orlb ~ -'-.-- a - '-+ - ~.., ... . . ~--" . .'. ff1l'pnrtml'nt uf ~tntl' I certify from the records of this office that S.J. BENSON & ASSOCIATES, INC., is a corporation organized under the laws of the State of Florida, filed on October 11, 1985. The document number of this corporation is H80439. I further certify that said corporation has paid all fees due this office through December 31, 2000, that its most recent annual reporlluniform business report was filed on February 5, 2000, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. t , Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twentieth day of Apnl, 2000 ,~ ';\ , . , !J' . ,:J<..~~$~... ' ~libtl~C~llc ~ltrri5 ~l'rnbrlJ ot~l"lc " , ( , -..;. ~ .. .. ~: CA2E022 (1.99) 6'''/ Sent By: NONEj I I ~ I , I I 1- I I I I I I I I - - j I I . . .",.f f.",. O)~~~J '"'1"" -'" .... ......._-. .'" CILED UCI II 2 2~fI\BS ~l'fit 1-1.R' :Jf s- .. TA1LAHAssif. f'Lo~j5A ARTICLES OF INCORPORATION OP S.J. BENSON' ASSOCIATES, INC. The uhOers19hed SubscrIber to these Articles of Incorporation, a natural person competent to contract, hereby forms a corporation undet the laws of th~.~~8te of Plorida. ARTICLE 1. NAME The name af the corporation shall be: S.J. BENSON' ASSOCIATES, INC. The princlpal place of business ot ~h18 Cotporation shall ce 1200 Brickell Avenue, Miami, Florida 33131. ARTICLE 11. NATURE OF BUSINESS This corporation may en9age Ot transact in any or all lawful activities ot business perm1tted unOer the laws of the Uhited States, the State of Florida or any otner state, country, t~critory or nation. ARTICLE 111, CAPITAL STOCK The m~ximum number of shares of stock that this corporation is authorized to have outstanJing at any one time is 7,500 shares of common stock having $1 pat VAlue per share. ~RTICLE IV. ADDRESS Tbe etreet ad~re66 of the Ihitlal reqi.tere~ office of the corporation shall Ce 502 Ea.t Park Avenue, Tallahassee, Florida 32301, and the name of the initial registered agent of tne corporation at that address is Corporation Information Services, Inc. - Cail Shelby. - . - AGENDA IrE> ~~ OCT 2 4 2000 Pi. <5"6 I I - , I I ! I I I I I I I i I I .~ - I I --... -, - .'-.'-' r .'~ '. ABTICLS V. TERM OF EXISTENCE Thi. corporation is to exist perpetually. ARTICLE VI. PREEMPTIVE RIGHTS Every shareholder upon the sale for cash of any new stock of this corporAtion of the same kind, class, or series as ~hat ~hich h. already holds, shall have the right to purchaae his pro rata share thereof at the price at which it is offered to others. ARTICLE VII. SPECIAL PROVISION It is the intent of the incorporator that the cotporation will qualify undet Section 1244 of the Internal Revenue Code and that the corporation will file a8 a Subchapter S corporAtion. ARTICLE VIII. OFFICERS AND DIRECTORS This corporation shall have one offic., and one director, initially. The name and street address of the initial officet and ditector who shall hold office for the flrst year of the corporation, or until his SUCCeSsor is elected or ap~ointed is: Samuel J. Benson 1200 BriCkell Avenue Dit./Pres./Sec. Miami, Florida 33l3l Tre.as. ARTICLE IX. SUBSCRIBER The name and street address of the 5uDscrioer to these Articles of Incorpocation is: Gail Shelby 502 East Pack Avenue Tallahassee, Florida 32301 IN WITNESS WHEREOF, the undersigned has heteunto set her hand and seal on thie 11th day of October, 1985. "~~~i ,\'L Ga'1 , by ,.~t:T(SEM') . .... ....0. '. ; .to":. '. . . "\0..,. AGENDA ITEM ~,p1~ OCT 2 ~ 2000 Pg. {?'"!,; 5ent 6Y: NUNtj .v, '''1.1 ;:a;:J""j "...,.-.'IJ....... c.c......... I ". " 1 "'- I STATE or FLORIDA COUNTY or LEON I The foregoing instrument was acknowledged before I .. this 11th day of Octobet, 1985, by Gail Shelby. I M~. (l 4; .A.' (..QtO No ary pu~ic. State 0 F arid. at Large :'-,l/'ll'\o ",,'.'"e. SlJolt' .~, Fior";;,,,, Lah'!" frt4.'r COll'lrn,u'OfI UPih.:'i S~"M S 1 \ltf9 l;ondl.ld ,"'" NOl.itry Pl,Ibhc U~j;rw'JI.rs_ My Commission Exp1teSl I I I I ~ I I I I -. I I I I I ----~.._.,- . "'III" ....- 1 AGENDA ITEM No. ~L1J,z OCT 2 ~ 2000 Pi. (~( I I I I I I I I I I I I I I I I I I I ATTORNEY'S AFFIDAVIT REGARDING PURCHASE CONTRACT STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, personally on this ~ day of April, 2000, appeared DOMINIOUE RTHS, who to me known, & having been sworn & under oath, deposes and states: 1. My name is DOMINIQUE RIHS. twenty-one (21) years, & otherwise sui knowledge of the facts contained herein. I am over the age of juris & have personal am a licensed attorney, Florida Bar # 0721603, to practice in the State of Florida. My business business mailing address is 5131 Sunbury Court, 34104. My business telephone number is (941)643-1845. 2. I authorized address & Naples, FL 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County to accept the submission of a rezoning application with regard to the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. Affiant as the Trustee of Land Trust 5146-1 which is the owner of the Exhibit "A" Property does verify that there is a valid & enforceable contract for purchase of the Exhibit "A" property between Buyer, S.J. Benson & Associates, Inc. & Land Trust 5146-1, as Seller. Furthermore the contract terms grant the Buyer power to proceed with all necessary actions for the rezoning of the Exhibit "A" property. 5. Affiant further states that the information Affidavit is to the best of her knowledge, current as of the date this Affidavit is-g~v /" contained in this true, correct & il!:~ . '1)tU11 / . (- ~tness #1 Printed Name: 'HIUiJ/( SfJE(..TOA. OFFlaAL NaTARYSEAL SHARONSPEcroR NOTARY PUBUC Sf ATE OF FLORIDA COMMISSION NO. CC630559 MYC0MMl55IONEXP.MAR.17 1 Printed Name: STATE OF FLORIDA COUNTY OF COLLIER SUBSCRIBED & SWORN to before me this Z th day of April DOMINIQUE RIHS, who is perso,natJY kn~ow . ?Yl!.l!.l~~ ~ otary My Commission expires: (SEAL OF NOTARY) PRINTED NAME: 2000, by AGENDA ITEM No. ?{~J ;z. OCT 2 4 2000 Pi. 6'f' I le- I I I I I I I Ie I I I I I I Ie I I .' 1 I EXHIBIT "An LEGAL PARCEL #1: The north half of hte northwest quarter of the southwest quarter of Section 18, Township 49 south, Range 26 east, Collier County, Florida, subject to an easement for public road right-of. way over and across the north 30 feet thereof and weat 30 feet thereof PARCEL #2; North ~ of the southeast Y. of the southwest \4 of Section 18, Township 49 south, Range 26 east, Collier County, Florida. PARCEL #3: The northeast one quarter of the southwest one quarter; subject to existing restrictions and reservations of record; and subject to an easement for public road right-of-way over and across the north 30 feet and the east 30 feet and hIe south one half of the southeast one quarter of the northwest one quarter; subject to existing restrictions, easements and reservations of record; and subject to an easement for public road right-of-way over and across the south 30 feet and the east 30 feet thereof; both parcels being localed in Section 18, Township 49 south, Range 26 east, Collier County, Florida. AGEN)>~ /Wi' ~ No.~ OCT 2 4 2000 pt, d'7 J . I I I I I I I I I I I I I J J ,- J J I r' ': 1010 . . - " - I ~ :i5 ~-( 3~S:\ ""r.=- , ,\~.. ,.1-,"...4- e ~ J?A"'--r" , p ';j-~ I , I/F11(f~,! 1{t;...YL\""IL Vl'.it~MT lUI<IIO' 18&ALl '''A''. C:, PftDByl.aftt. coo_n or La.ck.........._ I Rt~laY C~aTJFY that on thl. dey, betore .., an officer duly authorl..4 1n the St.-te and County .tor.aaid to take .c;kno.,ledge- ..nta, per.onelly .ppe.r~ \'IIlCINT ZUMMO, ....11 knc...n to Ill. to be th. pereoh ~....erlbed 1n and who el.("lJted th. tot'09oinl) lnltrUMnt AM ackl\OWlaall.ct b.ror. .. that t+. ....eut.d the ...-eo,. ~~.~, ttl.y h.~4 and official ...1 lh the Cou~ty and 'tate l..t ~~ \hla M..!!... doy of April. 'nL ~~~>:r;':~;;~;:~'>,~. dt~R~ ~ * t stALl ..... . . . ;" \." ,,' ", ;.'" '....:wI. ~ \~."~ #=wc. ~, ..., '..........lI"'" ta.1f .' ,'~" ."Ih=,""~.~ 11'" . . . '. ...., PJtIPAJtEO BY: Jt......aEY H. ""t:I, ,.,quire GA~V!A, ~N~ , S~~TLIR 1161 T~lrd Str..t South, "0' n.p:... rlorldo ))940 ;J~Jj~ ....... '. -Qp. 2 G2000 Pg. bb 1 1 10 1 1 I I I I Ir- . I I I I I I Ir ..... J I LIST OF ALL BENEFICIARIES OF LAND TRUST 5146-1 -:.. . NAME OF BENEFICIARY PERCENTAGE ROBERT GLEN BROWN 20% ANDIAMO LTD. Partnership 20% (Principal is Dr. Michael Mastrangelo) Dr. STEPHEN SCHROEDER 20% " HARRY E. JUDSON, TRUSTEE OF THE HARRY E. JUDSON TRUST DATED 5/6/82 5% BARBARA H. JUDSON, TRUSTEE OF THE BARBARA H. JUDSON TRUST DATED 5/6/82 5% Dr. JOHN WOOD LEE 10% NAPLES INVESTMENTS, INC., a VA Corp 4% ( principal is Dr. Robert Bettini) Dr. MOHHAMMED A. SHAKOOR 2% Mr. DARIUS VESUNA 1 % Ms. MAPARVIZ VESUNA H Dr. ROBERT J. BRENNAN 2% ROBERT F. BERISH, TRUSTEE of TRUST DATED 6/4/90 2% Dr. ALFREDO L. LEGASPI 2% Dr. GILBERT H. RIBEIRO 2% Dr. JOSEPH H. SIRH 2% Dr. GREG T. SPRISSLER 2% Prepared By Trustee Dominique Rihs 4-22-99 AGENDA ITEM No.)( 13).:2- OCT 2 ~ 2000 Pg.j, 7 I Item V ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 5. 2000 I. NAME OF PETlTlONERlPROJECT: Petition Name: ApplicantlDeveloper: ' Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-OO-12 Arlington Lakes PUD SJ. Benson & Associates, Inc. MeAnly Engineering & Design, Inc. Butler Environmental, Inc. Petition No.: ll. LOCATION: The subject property is an undeveloped 98.37 acre parcel located in the south- west quadrant of the intersection of Pine Ridge Road and Interstate 1-75, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. More specifically, the site occupies the area between Whipporwill Lane and the future Livingston Road and is about 1/3 mile south of Pine Ridge Road. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with the following zoning classifications. ZONING DESCRIPTION N- RSF-5(OA) Agricultural Undeveloped Single Family Residence S- Agricultural Single Family Residences Undeveloped Agricultural E- Whipporwill Lakes PUD Whipporwill Pines PUD Agricultural Undeveloped Undeveloped Single family Residence A~J -, No. .:J..; -j OCT 2 ~ 2000 P&..1ut- Whipporwill Woods PUD Undeveloped W- Agricultural (proposed Brynwood Preserve) Agricultural Undeveloped Agricultural Agricultural Single Family Residences Future Livingston Rd. FP&L Transmission Line Undeveloped Agricultural (proposed Alexandria PUD) IV. PROJECT DESCRIPTION: The proposed Arlington Lakes PUD comprises a total of 98.36 acres which is presently undeveloped A, Rural Agricultural zoning. If approved, the proposed rezoning will provide 610 dwelling units at a density of 6.2 units per acre. The principal uses will be either single family and/or multi-family type homes, including zero lot line and patio homes, and group care facilities. Typical lot sizes for single family homes will range from 3,000 to 6,000 feet. Additionally, the typical accessory uses will be provided, such as private garages, recreation facilities, water management facilities and lakes, and storage areas. Other features include a 19.0-acre preservation area and a f10wway providing drainage outfall for this property. The f1owway, required by SFWMD, will direct drainage from this property and those located to the north of this proposed PUD, southward across Whippoorwill Lane and the Whippoorwill Woods PUD, then terminating in the Kensington Canal. The f10wway will also divide the property into east and west sections, which will not permit any east-west road interconnection as specified by the SFWMD. County water and sewer facilities are available to this project. V. GROWTH MANAGEMENT PLAN CONSISTENCY: The PUD is located in the Urban Mixed Use - Urban Residential Subdistrict of the Future Land Use Map of the Growth Management Plan (FLUE-GMP), and is within a residential density band. This Subdistrict provides for higher density and intensity development in an area with relatively few natural resource constraints, and where existing and planned public facilities are concentrated. A base density of 4.0 dwelling units per acre and a density bonus of up to 3.0 dwelling units per acre are permitted for a total eligible density of7.0 dwelling units per acre. The proposed density of 6.2 units per acre falls within the eligible density permitted. The proposed development is deemed consistent with the Growth Management Plan (GMP) and, given the proposed residential housing types and development, it is also consistent as it relates to compatibility with existing and proposed development nearby. AGENDA ITEM ~~ OCT 2 ~ 2000 Pi. br .- VI. MAJOR ISSUES: Water Manal!ement: Arlington Lakes is a 98.4 Acre site. The Water Management System consists of interconnected lakes and preserves that provide the water quality retention and peak flow attention, and a slough that provides off-site and on-site runoff conveyance. The slough that runs through the site will be incorporated into an area-wide Water Management Plan for this section. Its preservation and maintenance are covered under section 5.6. c of the PUD Document. A berm separating the slough from the developed portion of the project will be built through an existing borrow pit. Environmental: Site Description: The subject property is natura1\y vegetated except for existing roads/easements and a borrow pit located at the south end of the property. Native habitats on site include hydric and non-hydric pine flatwoods, saw palmetto with pine and cypress. Most of the cypress is located towards the center of the property and forms a natural north-south drainage corridor on the property. Lichen lines, water marks and adventitious roots were used to identify the seasonal high water levels. These were found to average around 4 to 5 inches above natural ground elevation in the central cypress/flowway on site. There was no evidence of historical high water levels that differed from the seasonal water levels. Two soil types occur on the subject property as mapped by the Natural Resources Conservation Service (NRCS). These are Holopaw fine sand, limestone substratum, (Unit 2) and Malabar fine sand (Unit 3). Both soil types are listed as hydric by the NRCS. Wetlands: There are approximately 44.86 acres of jurisdictional wetlands on the project site, the extent of which have been verified by the South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (ACOE). These consist of hydric pine flatwoods and cypress. Approximately 33.43 acres (74 %) of the wetlands on site will be impacted by development of the proposed project. ~~~j,'L OCT 2 4 2000 Pg. ~ 1 In order to mitigate for impacts to jurisdictional wetlands, the petitioner proposes to establish a flowway in the center of the property to allow for a centralized drainage corridor. After pretreatment, runoff will be directed into the flowway and ultimately discharge into the preserve area within the Whipporwill Woods PUD, to the south east of the project site. The flowway is approximately 19 acres in size, of which approximately 10.48 acres are currently vegetated with native vegetation. Exotic/nuisance vegetation will be removed from the flowway and areas devoid of vegetation will be replanted with native species. Details about the restoration plan have not been provided. Preservation Requirements: In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (20.5 I acres) of the viable naturally functioning native vegetation on site shall be retained. The proposed flowway in the center of the property contains approximately 10.48 acres of existing native vegetation. The petitioner proposes to identify the remaining 10.03 acres at the time of next development order submittal and this most likely will consist of buffers adjacent to the edge of the preserve/flowway and other naturally vegetated "open space" areas within residential tracts. Listed Species: The subject property was surveyed for listed species for a five-day period during the month of April 2000. Observations beginning at dawn and continuing past dusk and starting again early the following day were performed. This included walking meandering transects interspersed with stationary observation, during the survey. All wildlife observations were noted (with the exception of common insects and arachnids), both direct (sight/sound) and indirect. There were no threatened or endangered species observed during the sampling periods for the site. The applicant has contacted the Florida Fish and Wildlife Conservation Commission (FFWCC) about information on listed species in the area. A response from this agency has not yet been received. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-12 "Arlington Lakes PUD" with the following stipulations: Water Manal!ement: 1. The project must obtain a Surface Water Management Permit from the SFWMD prior to any site development plan approval. AOENDA ITEM No.~ OCT 2 ~ 2000 Pg.1/ 2. The developer must obtain a letter from Collier County's Director of Stonnwater Management that the drainage system confonns to any local drainage or Basin studies being done by that department. The letter must be obtained prior to applying for any S.D.P. 3. The Plat of Arlington Lakes must show the "Flowway" as an easement dedicated to Collier County with no responsibility for maintenance and to Arlington Lakes with full responsibility for perpetual maintenance. Environmental: I. Remove all reference to setbacks from the flowway/preserve in section 3.4 of the PUD document except for that indicated in "Table II Development Standards" in the same section. 2. Amend the following language in "Table II Development Standards" under section 3.4 of the PUD document as follows by adding the underlined lanl!ual!e. Note: The location of structures proposed adjacent to the "flowway"lPreserve, shall be subject to the provisions of section 3.2.8.4.7.3 of the Land Development Code. Principal structures shall have a minimum 25 foot setback from wetland preserves. Accessorv structures shall have a minimum 10 foot setback from such preserves. 3. Add the following language to section 2.13 of the PUD document. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. ~!Jt)]j~ OCT 2 ~ 2000 PI. 'l~ PREPARED BY: ".-(.~, .,.......-v/'; / / /~-? . " i:A> -. ~~~..f4f....{;~,+f,H. F A:4~ STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: ~ ~ /b-v /DONALD J. MURRAY, AICP tI PRINCIPAL PLANNER ~ PiLl rnOMAS E. KUCK., P.E. ENGINEERING REVIEW MANAGER /~NIN~ r CURRENT PLANNING MANAGER 1 IPi cE!1\, r!~ DATE G/;fj/l.coo DATE h /20/2000 , DATE ~/?~/~ . . DATE 0/ zo /ZOOO DATE F AGENDA ITEM No.4I(11)~ OCT 2 4 2000 Pi. 13 ~- ROBERT J. MULHERE, AICP PL~GSER~CESDffiECTOR APPROVED BY: d?~~f;;~cp CO~TY DEVELOPMENT ADMINISTRATOR SLlgdhlc: StaffReport c;; , -4J ..::-v DATE t -h? -eN DATE & ENVIRONMENTAL SER~CES ~~ OCT 2 4 2000 Pg. ?t' 1. ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 9H02 TIlE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 96I8N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ARLINGTON LAKES PUD LOCATED ON THE WEST SIDE OF WHIPPOORWILL LANE. APPROXIMA TEL Y 1.850 FEET SOUTH OF PINE RIDGE ROAD (CR, 896), IN SECTION 18. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA, CONSISTING OF 98.36. ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of MeAnly Engineering & Design, Inc., representing S. J. Benson & Associates, Inc.. petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification oflhe herein described real property located in Section 18, Township 49 South, Range- 26 East, Collier County, Florida. is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Arlington Lakes PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Nwnber 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of .2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST BY, , CHAIRMAN DWIGHT E. BROCK. CLERK Approved as to Form and Legal Sufficiency ~ "llI. /).b., ~'-td... Marjorie . Student Assistant County Attorney gladminIPUD-2000-12IDM/im -1- AGENDA ITEM ~ No.--'{ J3J OCT 2 ~ 2000 Pi. '2S" . . ~~ .~ I' ARLINGTON LAKES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING ARLINGTON LAKES, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF TIfE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: SJ. BENSON/ASSOCIATES, INe. 174 WEST COMSTOCK AVENUE WINTER PARK, FLORIDA 32789 PREPARED BY: MeANLY ENGINEERING AND DESIGN, INC. 5435 PARK CENTRAL COURT NAPLES, FLORIDA 34109 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 612112000 Exhibit "A" A4ITrt.2. ~ fj OCT 2 ~ 2000 Pg. 7~ . TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance li Section I Property Ownership and Description I-I Section II Project Development Requirements II-I Section III Residential Development Standards III-I Section IV Preserve Area IV-I Section V Development Commitments V-I AGENDA ITEM ~.~ OCT 2 ~ 2000 Pi. 17 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD MASTER PLAN TABLE I PROJECT LAND USE TRACTS TABLE Il RESIDENTIAL DEVELOPMENT STANDARDS AGENOA ITEM No.~ OCT 2 4 2000 'If Pg. STATEMENT OF COMPLIANCE The development of approximately 98.36 acres of property in Collier County as a Planned Unit Development to be known as Arlington Lakes will be in comp1iance witb tbe goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreatiooal facilities of the Arlington Lakes PUD are consistent witb tbe growtb policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property for development is within the Urban Mixed Use DistrictlUrban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective I of the Future Land Use Element (FLUE), and tbe uses contemplated are consistent therewith. 2. The project is a proposed to be a residential development located less than one mile from, a designated Interchange Activity Center (Activity Center # 10). Tbe Density Rating System of the FLUE provides for a 3 dwelling unit per gross acre density bonus wben a proposed project is within one mile of an Activity Center. This density bonus of 3 dwelling units per gross acre added to the base density of 4 dwelling units per gross acre provides for a gross project density of 7 dwelling units per acre. The proposed density of the Arlington Lakes PUD is 6.0 units per gross acre, which is less than what is provided for by tbe FLUE Density Rating System, and is therefore consistent witb the Future Land Use Element, Policy 5.1. of the" Collier County Growth Management Plan. 3. The development will be compatible witb and complementary to existing and planned smrounding land uses. 4. The development of the Arlington Lakes PUD will result in an efficient and economical extension of conununity facilities and services as required in Policies 3.I.H and L of tbe Future. Land Use Element. 5. The Arlington Lakes PUD is consistent with and furthers Policy 5.5 oftbe Future Land Use Element in that it is using existing land zoned for urhan uses, 6. The Arlington Lakes PUD implements Policy 5.6 of tbe Future Land Use Element in tbat more than 60'.10 of the project will be open space or reserved for conservation purposes. 7. The Master Development Plan, witb its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. AGENDA ITEM No..A/JJ> OCT 2 ~ 2000 Pg. 1/1/ ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Arlington Lakes POO. 1.2 LEGAL DESCRIPTION A parcel of land lying in the West half(W \1,) of Section 18, Township 49 South. Range 26 East, Collier County, Florida, and more particularly described as follows: THE NORTH HALF, OF THE NORTHWEST QUARTER (NW V,). OF THE SOUTHWEST QUARTER (SW '!.). OF SECTION 18, TOWNSHIP 49. SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA. AND' THE NORTH HALF (N \1,), OF THE SOUTHEAST QUARTER (SE 'iI), OF THE SOUTHWEST QUARTER (SW 'iI), OF SECTION 18. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND' THE NORTHEAST QUARTER (NE 1/4/), OF THE SOUTHWEST QUARTER (SW 'iI) OF SECTION 18, TOWNSlllP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. AND; THE SOUTH HALF (S \1,), OF THE SOUTHEAST QUARTER (SE V,). OF THE NORTHWEST QUARTER (NW 'iI), OF SECTION 18. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. THE ABOVE DESCRIBED TRACTS CONTAINING 98.36 TOTAL ACRES. MORE OR lESS. SUBJECT TO THE EASEMENTS. RESTRICTIONS. AND RESERVATIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is owned by land Trust 5146-1, Dominique Rihs, Trustee. The property is under a contract for purchase with S.J. Benson & Associates. Inc. 1.4 PHYSICAL DESCRIPTION The development property is located in the West half of Section 18, Township 49 South, Range 26 East. The proposed project site is presently undeveloped, but has an existing borrow pit on the southerly portion of the property. Historically timbering and cattle grazing have occurred on the property. The majority of the property's jurisdictional wetlands have been extensively infested with the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 10.1' to 12.1' above mean sea level. The site contains extensive areas of jurisdictional wetlands that are characterized as transitional wetlands in which the predominant vegetation is Melaleuca. with a mix of pine and cypress and associated upland and wetland plants. ':"421..2- OCT 2 4 2000 Pg. ?O 1-1 The water management system consists of approximately 34 acres open space that will receive runoff from structures and parking areas. RWlOff is coUected by catch basins and culvert systems for conveyance to the central flow-way. The lakes are interconnected by culverts and/or the preserve areas, with project outfall heing at the project's southeasterly comer to connect with the flow-way proposed in the Whippoorwill Woods POO. Discharge fiom the Whippoorwill Woods PUD will be into the 1-75 Right-of-Way and the 0-2 Canal. Allowable discharge rates will be in accordance with Collier County Ordinance No. 90-10. 1.5 PROJECT DESCRIPTION The Arlington Lakes POO shall be a residential development. The amenities proposed to be provided in the project include structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive and active recreational opportunities. Access to the property will be from the proposed Livingston Road and Whippoorwill Lane. The segment of Livingston Road between Golden Gate Parkway and Pine Ridge Road is planned to be improved with a four-lane divided roadway progranuned to be completed in 2001 (Capital Road Project #52). Each residmtial unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Arlington Lakes Planned Unit Development Ordinance". 1-2 AGENDA ITEM No.~ OCT 2 ~ 2000 Pg. r?/ \, SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally descnbe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the Arlington Lakes PUD development, as weD as other project relationships. 2.2 GENERAL A. Regulations for development of the Arlington Lakes PUD shan be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions ofthe most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall he the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and aU graphic material presented depicting restrictions for the development of the Arlington Lakes PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD. the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development ofthe land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 S. Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "A", PUD Master Plan. TABLE I PROJECT LAND USE TRACTS rRACT uR" TYPE RESIDENTIAL UNITS/SO. FT. 590 ACREAGE+ 79.4 TRACT "P" PRESERVE o 19.0 AGENDA ITEM No..P(.tJ) ;J- OCT 2 4 2000 Pi. f?~. II-I B. Areas illustrated as lakes by Exhibit "Au shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas. lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "Au. Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. C. In addition to the various areas and specific items shown on Exhibit "AU, such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 590 residential dwelling units may be constructed in the total project area. The gross project area is approximately 98.36 acres. The gross project density, therefore, will be a maximum of 6.0 dwelling units per acre. Should Assisted Living Facility (ALF) development be proposed, the project density shall be reduced by one (1) dwelling unit per acre for every four (4) ALF units proposed. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the Collier County Land Development Code. B. ExIubit "A", PUD Master Plan, constitutes the required PUD Development Plan. Arty division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land DevOlopment Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of conunon facilities. E. Prior 10 the development of a zero lot line product (single-family detached units following the development standards set forth in Sub-sections 3.4.B.2), 3.4.C.3), and 3.4.D.3) of this document), in which each unit is on a separately platted lot, the developer shall submit a Preliminary Subdivision Plat showing the building envelope on all of the lots intended for zero lot line construction to the Planning Services Department for purposes of indicating zero lot line relationships, provision for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform manner. The Preliminary Subdivision Plat shall also show typical lots, and the footprints of the proposed residences. - 11.2 ~7{2fj;t OCT 2 ~ 2000 PI. f?3 2.6 LAKE SElBACK AND EXCA V A nONS The lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from the Arlington Lakes PUD sball be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a conunercial excavation pennit is received. 2.7 USE OF RIGHTS-OF-WAY A. All platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator. or his designee, for engineering and safety considerations prior to installation. B. Off street parking facilities required for multi-family uses sball be accessed by parking aisles or driveways that are separate from any roads which serve more than one development. A green space area of not less than ten (10') feet in width as measured from pavement edge shall separate any parking aisle or driveway from any abutting road. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Corle. Minor changes and refinements as described in Section 5.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way. utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure. the continued operation and maintenance of all service utilities in compliarice with applicable regulations in effect at the time of adoption of this Ordinance establishing the Arlington Lakes PUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Arlington Lakes PUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or Mast.::r Condominium Association, whose function shall include provision for the perpetual care and maintenance of all conunon facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. AGENDA ITEM No.~~ OCT 2 ~ 2000 Pg. 0Y 11-3 2.10 MODEL AND SALES FACILITIES Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions. viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Arlington Lakes PUD subject to the requirements of Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. 2.11 FILL STORAGE Notwithstanding the provISIons of Section 3.2.8.3.6. of the Collier County Land Development Code, fill storage is generally pennitted as a principal use throughout the Arlington Lakes PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showiI)g the locations and cross~sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3: I B. Stockpile maximum height: thirty-five (35) feet C Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over residential development areas that are depicted on an approved Site Development Plan, no fencing is required. D. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than four feet over residential development areas which are depicted on an approved Site Development Plan, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in Preserve Areas (Flow Way), 2.12 REQUIRED ENVIRONMENTAL PERMITTING Where t~e development of land within the Arlington Lakes PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to [mal development order approval 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 20.51 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the Arlington Lakes PUD District on the Official Zoning Atlas will be governed by the adopted development regulations and PUD Master Plan. ])-4 ::;r;r~ OCT 2 ~ 2000 Pg. R.5 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 590 dwelling units. Should Assisted Living Facility (ALF) development be proposed, the project density shall be reduced by one (1) dwelling unit per acre for every four (4) ALF units proposed. 3.3 USES PERMITTED 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. Principal Uses: I) Single-Family detached dwellings. 2) Single-family attached dwellings, zero lot line and patio dwellings andlor multi-family dwellings. 3) Group care facilities (category I and 11), care units, nursing homes, assisted living facilities pursuant to S 400.402 F.S. and Chapter 58A-5 FAC., and continuing care retirement communities pursuant to s 651 F.S. and Chapter 4-193 F.A.C., all subject to Section 2.6.26 of the Collier County Land Development Code. 4) Model Homes (See Section 2.10 of this PUD Document). B. Accessory Uses: 1) Customary accessory uses and structures including but not limited to private garages, tennis facilities, and swimming pools with or without screened enclosures. 2) Utility facilities and or easements (including rights-of-way easements). 3) Signage (see Section 5.11 of this document). 4) Water management facilitiesllakes. 5) Storage areas, for the exclusive use of the residents of the PUD. 6) Project sales and administrative offices, which may occur in a residential or recreational building andlor in a temporary building until such time as permanent structures are available. AGENDA ITEM No.~ OCT 2 4 2000 111-1 Pl. Eft. 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard sethacks shall be measured from hack of curb or edge of pavement, whichever is closer to the structure, Condominiumlhomeowners association boundaries shall not be utilized for detennining development standards. B. MINIMUM LOT AREA: I) Single fiunily lots: 6,000 square feet. 2) Attached single family, villaIpatio homes, and zero lot line dwellings: 3,000 square feet of site area per dwelling unit. 3) Multi-fiunily parcels: I acre. C. AVERAGE LOT W1DTIl: I) Single fiunily lots: Interior lots: 60 feet; Comer lots: 70 feet. 2) Attached single fiunily dwelling units: 30 feet per single story dwelling unit; 25 feet per two story dwelling unit. Comer lots shall provide an additional 10 feet. 2) VilIaIpatio homesites, and zero lot line lots: Interior lots: 50 feet; Comer lots: 60 feet. 4) Multi-fiunily parcels: 150 feet. Note: Lots located on a cul-de.sac or the radius of a curved street shall have no less than 80% oftbe required lot width at the front sethack line. D. MINIMUM YARDS (Principal Structures): I) Single fiunily detached: Front Yard: 25 feet. Side Yard: 7.5 feet for single story structures, and 10 feet for 2-story structures. Rear Yard: 20 feet. Minimum Distance Between Structures: 15 feet for single story structures, and 20 feet for two story structures. 2) Single fiunily attached: Front Yard: 20 feet. Side Yard: 5 feet for one story structures, and 7.5 feet for two story structures. Rear Yard: 15 feet. Minimum Distance Between Structures: 10 feet for single story structures, and 15 feet lOr two story structures. 3) VilIaIpatio homes, and zero lot line: ~ Front Yard: 20 feet. Side Yard: 0 feet or 5 feet. Zero feet (0') minimum side yard setback on either or both sides, provided a minimum 10 foot (10') separation between principal structures in maintained. Rear Yard: 15 feet. Minimum Distance Between Structures: 10 feet. AGENDA ITEM No.~ OCT 2 4 2000 1II-2 Pg. I?/} 4) Muhi-fiunily and group care facilities: Front Yard: 20 feet. Side Yard: 15 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Rear Yard: 20 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Minimum Distance Between Structures: 15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater. E. MINIMUM YARDS (Accessory Structures): I) Single fiunily detached: Front Yard: Same as principal structure. Side Yard: Same as principal structure, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Rear Yard: 20 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Attached: 10 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. 2) Single fiunily attached: Front Yard: Same as principal structure. Side Yard: Same as principal structure, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Rear Yard: Detached: 15 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Attached: 10 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. 3) VilIaIpatio homes, and zero lot line: Front Yard: Same as principal structure. Side Yard: Same as principal structure, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Rear Yard: Detached: 15 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Attached: 10 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. AGENDA ITEM No. ~):J- OCT 2 4 2000 Pg. Iff 111-3 4) Multi-family and group care facilities: Front Yard: Same as principal structure. Side Yard: Same as principal structure, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Rear Yard: Detached: 20 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. Attached: 10 feet, or where adjacent to a lake 0 feet from the lake control elevation, notwithstanding the required 20 foot lake maintenance easement. F. PUD PERIMETER BOUNDARY BUILDING SETBACKS: Twenty-five feet (25') plus I foot for every one foot of height over 25 feet (2- stories), in addition to required buffers. PUD building setback from Livingston Road right-of way: 40 feet plus I foot for every one foot of height over 40 feet (4- stories) plus 15 feet of compensating right-of-way for any required acceleration/deceleration lanes in addition to required buffers. PUD building sethack from Whippoorwill Lane: Thirty-five feet (35') plus I foot for every I foot of height over 35 feet (3-stories) in addition to required buffers and any required compensating right-or-way for acceleration/deceleration lanes. G. MINIMUM FLOOR AREA: I) Single family detached dwelling units: 1,200 square feet. 2) Single fiunily attached. zero lot line, villalpatio homes: 1.000 square feet. 3) Multi-family and group care facilities: 750 square feet. H. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. 1. MAXIMUM HEIGHT I) Single family attached or detached, villalpatio homes, and zero lot line homes: Two stories above the minimum flood elevation. 2) Multi-family homes and group care facilities: Four stories above the minimum flood elevation. 3) Accessory structures: 35 feet, or 2 stories, whichever is greater. above the minimum flood elevation, except for attached screen enclosures, which may be the height of the principal structure. J. CLUSTER DEVELOPMENT In the event a housing project (including infrastructure) is designed with a common architectural theme, the Collier County Development Services Director may pennit variations from the previously listed residential development regulations. Prior to approval and subject to the provisions of Division 3.3 of the Collier County Land Development Code, the Collier County Development Services Director shall insure that the plans are appropriate for and compatible with the surrounding area, and the basic intent of the PUD standards are complied with. 111-4 AGENDA ITEM No. /{A):L OCT 2 4 2000 Pi. r?1 TABLE 11 RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE SINGLE ZERO MULTI. STANDARDS FAMILY FAMILY LOT LINE FAMIL Y\ DETACHED A IT ACHED PATIOIVILLA GROUP CARE PRINCIPAL STRUCTURES MINIMUM LOT AREA 6,000 S.F. 3,000 S.F. 3,000 S.F. I ACRE AVERAGE LOT WIDTH 60 FEET 30 FEET' 50 FEET 150 FEET 25 FEET2 MIN. FLOOR AREA 1,200 S. F. 1,000 S.F. 1,000 S.F. 750 S.F. FRONT YARD 25 FEET 20 FEET 20 FEET 20 FEET SIDE YARD 7.5 FEET 7.5 FEETl o FEET or 15 FEET ] 0 FEET2 10 FEET2 5 FEET' or \12 BH REAR YARD 20 FEET 15 FEET 15 FEET 20 FEET MIN. DlST. BETWEEN STRUCTURES 15 FEET 10 FEET 10 FEET IHEET' MAX. BLlJG. HT. 2 STORIES' 2 STORIES' 2 STORIES' 4 STORIES ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. S.P.S. SIDE S.P.S. S.P.S. S.P.S. S.P.S. REAR (A IT ACHED) 10 FEET 10 FEET 10 FEET 10 FEET (DETACHED) 20 FEET 15 FEET 15 FEET 20 FEET MAX. BLDG. HT. 35 FEET' 35 FEET' 35 FEET' 35 FEET' Note: The location of structures proposed adjacent to the "flowway"/preserve, shall be subject to the provisions of Section 3.2.8.4.7.3 of the Land Development Code. Principal structures shall have a minimum 25-foot setback from wetland preserves. Accessory structures shall have a minimum 10-foot setback from such preserves. Average Lot Width: The average distance between straight lines connecting front and rear property lines at each side of the parcel, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of the intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). Lots located on a cul.de.sac or the radius of a curved street shall have no less than 80% ofthe requird lot width at the front sethack line. S.P.s.: Same as Principal Structures. BH: Building Height. 111-5 J Applicable to single story dwelling units. 2 Applicable to two story dwelling units. ] Zero foot (0') minimum side yard setback on either or both sides, provided a minimum 10 foot (10') separation between principal structures is maintained. .. 15 feet, or one half of the sum of the heights of adjacent buildings, measured from the exterior walls, whichever is greater. ~ Building height shall be measured rrom the finished floor elevation. />35 feet, or 2 stories, whichever is greater, above the minimum finished floor elevation. except for attached screen enclosures, which may be the height of the principal structure. AGENDA ITEM Mo.~ .-' OCT 2 ~ 2000 Pg. Cf t) SECTION IV PRESERVE AREA 4,1 PURPOSE The pmpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and pmpose of this Tract is to preserve and protect vegetation and naturaIly functioning habitats, such as wetlands, in their natural state, and to provide a "f1owway" for area-wide sur1ilee water conveyance. It should be und.erstood, that a Florida Power and Light transmission line and right-of-way easement may cross the proposed Preserve Tract ("fIowway"). 4.2 USES PERMITTED No bui1ding or structure or part thereol; shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal pennits, when required: Principal Uses: I) Open spaceslNature preserves. 2) Water management structures. 3) Mitigation areas. 4) Hiking trails, boardwalks, sbehers, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permining agencies. IV-I AGENDA 1"JRol No. /.P(~),;J. OCT 2 4 2000 Pc. <1'/ SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development ofthe project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specificaIly noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, it's successors and assigns, shall be responsible for the conunitments outlined in this docwnent. The developer. it's successor or assignee, shall follow the Master Development Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any corrunitments within this agreement. These commitments may be assigned or delegated to a condominium! homeovmers' association to be created by the Developer. Upon assigrunent or delegation, the Developer shall be released from responsibility for the commitments. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be fina~ and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements. dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator. or his designee, shall be authorized to approve minor changes and refinements to the Arlington Lakes PUD Master Plan upon written request of the developer. I) The following limitations shall apply to such requests: 8. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Arlington Lakes PUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. AGENDA ITEM No. /e{tJ .,.. OCT 2 4 2000 V-I Pg. Cj";; c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 5.3 .C.I) ofthis document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways, other than a relocation of access points to the PUD itself, where no water management facility. conservation/preservation areas, or required easements are effected or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Area, except as provided for in "a." above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. 5.4 SCHEDULE OF DEVElOPMENTIMONITORING REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the land Development Code. 5.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. A gatehousellimited access facility shall be permitted within the project's main entrance areas, but shall not be located so as to impede traffic flow on Livingston Road or Whippoorwill lane, nor shall such facilities be located within the Livingston Road or Whippoorwill Lane rights-of~way. AGENDA ITEM No. 4& :J OCT 2 4 2000 Pg. 93 B. All access points shall be consistent with the Collier County Access Management Policy, Resolution 92-422. V-2 ___....J.. C. The applicant shall be responsible for the installation of arlerial level lighting at all project entrances prior to issuance of the first "permanent" Certificate of Occupancy. D. Project entrances shall be designed to preclude the hacking-up of entering vehicles onto Livingston Road or Whippoorwill Lane. If access is to be controlled by means of a gatehouse or card-controlled gate, the gate or gatehouse shall be designed, located and operated so not to pennit such vehicular back-up. The minimum throat length for vehicle stacking shall be 100 feet. E. Any access road extensions to the project constructed by the Developer shall be to Collier County minimum construction standards. The portion of Whippoorwill Lane on the subject site shall be dedicated to Collier County upon completion of construction. 5.6 PLANNING The deveJopment of this PUD Master Development Plan shall be subject to and governed by the fOllowing conditions: A. The valuation ofland for the acquisition of the Whippoorwill Lane right-of-way and the east/west road right-of-way shall be borne proportionately by the Developer on a per unit basis with all development projects having frontage on, or access to Whippoorwill Lane, or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Said valuation shall be based on the provisions of Section 2.2.20.3.7. of the Land Development Code. B. If the Developer and/or another developer having frontage on, or access to Whippoorwill Lane. or its east/west extension constructs the north/south segment of Whippoorwill Lane, or its east/west extension as a public road (road developer), and the road developer's cost for such exceeds the amount of the road developer's project's road impact fees (based upon the rate schedule in the County's adopted Road Impact Fee District Ordinance Schedule), the road developer shall be rebated amounts in excess of the road developer's project's road impact fees upon receipt by Collier County of other development's road impact fees collected within Road ~t Fee District One, pursuant to terms of a Developer Contribution Agreement. G:. lJte +'flowway" provided and depicted as Tract P, Preserve on the Arlington Lakes PUD Master Plan shall be considered an "area-wide" drainage facility, and shall be UDder the control of Collier County. The costs associated with improving that '1Jo-wway" to provide the area-wide drainage facility shall be considered in excess of the drainage requirements for the Arlington Lakes development. Said costs with area-wide benefits incurred by this development shall be recognized as all of this development's participation in area-wide drainage facilities in the required Developer Contribution Agreement, or other appropriate mechanism. D. A sanitary sew~ collection system and potable water supply distribution system shaD be designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to this Project but having area-wide benefits will be prorated against this project but will be proportionally shared by the Developer with all benefiting projects. Said pro rata costs shall be determined by Collier County on a per unit basis with all development projects having frontage on or access to these utilities along Whippoorwill Lane or its east/west extension and sba1l be made payable to Collier County prior to the issuance of any building permits for this Development. Said costs with area-wide benefits incurred by this Development shall be rebated pursuant to the terms of a Developer Contribution Agreement. . ~C"'''A IlEM :;;UJR OCT 2 4 2000 pc. '11 V-3 E. If another developer having frontage on, or access to Whippoorwill Lane or its east/west extension has initiated construction or completed construction of the north/south segment of Whippoorwill Lane or its east/west extension, water and sewer utilities within this right-of-way, or area-wide drainage facilities directly benefiting this project, the Developer shall enter into a Developer Contribution Agreement prior to the issuance of any building permits agreeing therein to pay its fair share for these facilities. F. Chain link and wood fencing are prohibited as perimeter project fencing along the site's frontage on any collector road, and must be a minimum of 100 feet from a public right-of-way. A single row, 3.0 gallon hedge, at 3-feet on-center shall be planted in front of the fence. Existing native vegetation may be used to satisfY this requirement. 5.7 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by tbe following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. C. The project must obtain a Surface Water Management Permit from the South Florida Water Management District prior to any site development plan approval. D. The developer must obtain a letter from Collier county's Director of Stormwater Management the drainage system confonns with any local drainage or Basin studies being done by that department. The letter must be obtained prior to applying for any Site Development Plan. E. The plat of Arlington Lakes must show the "Flowway" as an easement dedicated to Collier County with no responsibility for maintenance, and to Arlington Lakes with full responsibility for maintenance. 5.8 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by tbe following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers ofthe County, and will be billed by the County in accordance with the County's established rates. V-4 AGENDA I~ -i No.4/#~ OCT 2 4 2000 "'./ ....,'..j pc. 5.9 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental pennitting shall be in accordance with the State of Florida EnvirorunentaJ Resource Pennit Rules, and be subject to review and approval by Current Planning Section Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shaII be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. C. Buffers shall be provided around wetlands, where possible, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Pennil Rules, and be subject to review and approval by Current Planning Section Staff. D. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Pian for those protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation remova~ monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas. shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation/preservation areas. F. The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development ~rder approval. G. At the time of the next development order submittal. the petitioner shall provide copies of their SFWMD, Environmental Resource Pennit applications and proposed mitigation for loss of wetlands on site. H. At the time of next development order submittal, the developer shall identity, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species. to satisfY this requirement. 5.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office and model center. AGENDA ITEM .., No. .;;:(g)cr OCT 2 4 2000 Pg. fb V-5 .- 5.11 SIGNS AU signs shaII be in accordance with Division 2.5 of Collier County's Land Development Code in elIect at the time of Site Development Plan approval, with the following exceplions: A. Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development, and two project identification signs may be located on Livingston Road and Whippoorwill Lane, all subject to the fullowing requirements: I) Such signs shall contain only the name of the development, the insignia, or motto of the development, and shall not contain promotional or sales material. 2) Project identification signs shall not exceed sixty (60) square feet, excluding mounting surfaces or structures. Where signage is affixed or an integral part of a waIl or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. 3) No project identification signs shall exceed a height of I 0 feet above the finished ground level of the sign site. 4) Project identification signs may be lighted, provided all lights are shielded in a manner that prevents glare on adjacent roadways. or into adjacent residences. B. Project Promotion Signs - Two ground or waIl signs may be located on the project's frontage on Livingston Road, and two ground or waIl signs may be located on the project's frontage on Whippoorwill Lane for the purpose of promoting the development or any major use within the development, subject to the following requirements: I) Any promotional signs shall not exceed 100 square feet, excluding mounting surfiIl:es or structures. 2) No promotioual sign shaII exceed a height of 10 feet above the average finished ground level oftbe site. 3) Promotional signs may be lighted, provided all lights are shielded in a manner that prevents direct glare on adjacent roadways, or into adjacent residences. 5.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally pennitted as a principal use throughout tbe Arlington Lakes PUD, except in Preserve Areas. The following standards shall apply: A. Landscape berms may have the following maximum side slopes: I) Grassed berms 4: I 2) Ground covered berms 3:1 3) Rip-Rap berms I: I 4) Structural waIled berms may be vertical V-6 AGENDA ITEM No. -I{.&j ~ OCT 2 4 2000 Pg. q1 ,~_.---l B. Fence or wall maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or waIl. For the purpose of this provision, finished grade shall be considered no greater than 18 incbes above the crown elevation of the Dearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or waIl shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1,1:1, or vertical). A single row, 3.0 gaIlon hedge, at 3-feet on-center shall be planted in front of the fence or waIl. Existing native vegetation may be used to satisfy this requirement. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be aIlowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS Except wbere provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for tbe purposes of accommodating the function of an electoral polling place. An Agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. AGENDA ITEM NtvG{4J ~ OCT 2 4 2000 Pc. 9R V-7 ,.,. ""l" I~IIIII llllll lll.i!li ~lli~~ 11 Ila;!~ I ,,'~I' .. I;~illi ~ ;11.;1: B I ~!ail ~IIJjI' ",.1 II · ~I J I ill 'iI T. 49 S. I ~ i ~ ,;'i~ i! IS . ," . i :II; :II; .1 T. 49 S. ""- Ul L. -- - r- + ~ ~ r I--< Z C1 "'""3 o Z r ~ ~ Q:j UJ. ~ e t::I + ai illn 'l~ J nr.~ J i~IE'!~ 1ili ~ ! !.I.1111 n~!1 11!~J;1 !I"I ~i ii~i !~!: I'I~I ;!.i!!;lll! II ill lill di!i ;!h~11 Ii! s. t I~i~ I~r.;" II; e Ii! i!! i,il: . 'i!l! ;.~ I I.~ B~~ ilili I.' ~ E !EI I! nii ;j . EXHIBIT "A" -; -< "U n > .... en -; '" '" '" -; en 1i -; ," 0 :z: en ~y~ 19 AND IEIitIN ~ -_. - ~ III. -.-- ---- _. - _J::}Io~.an...- -..- -... - m~~- I e ::... U ~.-.oc:u.nuc. ~ -::m-~~ . - -- - - ;S (') Z ::J -< ~ ~ ~ . AGENDA ITEM No. .6f~J& OCT 2 4 2000 PI. 99 ,...-"~ EXECUTIVE SUMMARY TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING COLLIER COUNTY'S NOISE CONTROL ORDINANCE, NO. 90-17, AS AMENDED; AMENDS PROVISIONS REGARDING TESTING EQUIPMENT AND PROCEDURES; AMENDS SOME TABLE I, A-WEIGHTED SOUND LEVELS; ADDS THE IMMOKALEE AREA OVERLAY DISTRICT; ADDS TABLE 11- OCTAVE BAND SOUND LEVELS; ADDS VIBRATION STANDARDS; AMENDS CORRECTIONS FOR CHARACTER OF SOUND PROVISIONS; AMENDS PROVISIONS REGARDING SOUNDS MEASURED WITHIN MULTI-FAMILY DWELLING BUILDINGS; AMENDS PROVISIONS REGARDING REGULATED MUSIC AND AMPLIFIED SOUNDS FROM UNENCLOSED AREAS; PROHIBITS LOUD SOUNDS TO PROMOTE COMMERCIAL ACTIVITIES; EXEMPTS AUTHORIZED ACTIVITIES AT SCHOOLS, PARKS AND PLA YGROUNDS; DOES NOT SPECIFY SOUND LIMITS APPLICABLE TO FUTURE RACEWAY FACILITIES AT THE IMMOKALEE REGIONAL AIRPORT; PROHIBITS UNNECESSARY AND UNREASONABLE SOUNDS THAT DO NOT REQUIRE TESTING BY EQUIPMENT; PROVIDES FOR PRESERVATION OF OTHER REMEDIES; DELETES PROVISIONS THAT REQUIRE ANNUAL PERMITS FOR ENCLOSED AREAS; ADDS COMPLIANCE REQUIREMENTS FOR SPECIFIED BUSINESSES THAT WERE ENCROACHED UPON BY RESIDENTIAL USE OR ZONING PRIOR TO FEBRUARY 23, 1990; ADDS GRANDFATHERING PROVISIONS APPLICABLE TO EXISTING UTILITY FACILITIES, EXISTING AIR CONDITIONING EQUIPMENT, EXISTING HEATING EQUIPMENT, AND SIMILAR EXISTING ITEMS; AMENDS COMMUNITY EVENT l'ERI\IIT PROVISIONS; PROVIDES FOR CONFLICT AND SEVERABILITY; PROVIDES FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDES ADELA YED EFFECTIVE DA TE UNTIL MONDAY, JANUARY 1,2001. ~-. OBJECTIVE; The Board to consider adoption of an Ordinance to amend Ordinance No. 90-17. es amended. incorporating current industry standards and to determine appropriate noise levels for the community. CONSIDERA TIONS: In Spring 1999, the Board of County Commissioners requested staff review the County's Noise Ordinance and return to the Board with suggestions on improving and updating the Ordinance. Staff retained a consulting firm for advice regarding the proposed amendments to the Ordinance. Staff reviewed noise ordinances from other local governments and researched U.S. Environmental Protection Agency publications in conjunction with the National Institute of Municipal Law Officers. The proposed amendments are within the discretion of the Board of County Commissioners. The Board conducted an advertised public hearing on Tuesday. June 13, 2000. Due to public input at that hearing. staff was instructed to gather additional input through public workshops and, if deemed appropriate. amend the proposed Ordinance. and bring the revised proposed Ordinance back to the Board for an additional public hearing. The new. 'proposed Ordinance has been amended based upon public input gained at three public workshops. Because of the technical nature of the subject matter. this Executive Summary details the major substantive changes proposed to be made to the Noise Control Ordinance. 1. Use of Sound-Affected Sites/Units. Amends subsection A(6) to clarify that lawful uses at each site or unit supersede the underlying zoning c1assification(s). For example. if a site "GENOA ITEM No. /..~C) I OCT 2 4 2000 ~ Pg. / - can be amended or deleted as the Board may decide. Public input regarding the district is noted below on page 5. under the heading "'Public Workshops Summary." 7. Octave Band Testing. The amendments add Table II maximum sound levels to be tested by analyzing octave bands. The unweighted maximum sound levels in Table II are equivalent to the corresponding (unweighted) dBA numbers in Table!. The tested sounds are separated by filters into nine octave band center frequencies. The Ordinance requires octave band testing unless A-weighted testing clearly proves there is no violation of the Ordinance. Octave band analysis facilitates more accurate test results, especially when the sound level difference between tested sounds do not exceed the ambient noise level by nine decibels or more. Octave bands testing equipment documents in which octave band(s) the offending sounds occur. The precision of octave band testing can assist the violator in isolating the source(s) ohiolating sounds. 8. V,bration Standards. Adds vibration standards that apply throughout unincorparated Callier County. 9. Corrections for Character of Sound. These amendments are in subsection (C)( I). and (2) af sectian SIX af the Ordinance. The present subsection (C)( I) is amended to. include therein Table II (octave band) but limits applicatian of subsection (C)(l) to only to residential sound-affected sites/units. whereby the applicable maximum sound levels listed in Table I are lowered by five (5) dBA if the violating sound is a "steady pure lOne," Subsection (C)(2) currently specifies that from 7:00 a.m. through 10:00 p.m., the noise standards in Table I are increased (liberalized) by 10 dBA for all impulse sounds, Subsection C (2) is being amended to add the Table II (octave band) sound levels and to limit the increase allowance to impulse sounds that occur less than six (6) times in an hour. This increase allowance applies to all sound-affected sites, including within the IAOD, 10. Multifamil V Dwellings. These provisions apply only to sounds when measured inside of '! rnultifamilv dwelling unit. Amends subsection D to increase from 50 decibels to 53 decibels the allowable daytime sound levels measured inside multifamily dwellings in residential, tourist residential, and commercial use/zoning. Thesc amendments reduce the maximum allowed nighttime sound level within such multifamily residential units from 45 to 40 decibels. However, the maximum nighttime sound levels applicable to tourist residential and commercial multifamily units continue to be 45 decibels. The sources of such sounds measured within multifamily dwelling units are no longer limited to. sounds emanating from a "neighboring unit." These "in dwelling unit" provisions will nat be enforced by the County if the management of the multifamily building has power or authority to regulate or otherwise control the person or entity causing or suffering the \'iolating sound(s). 11. ,\nnual Permits for Live Performance Music and Amplified Sounds from Unenclosed ."reas Near Residential Sound-AffeCted Sites. Amends subsection F to require annual permits for live performance music and amplified sounds that will emanate from or through no.n-enclosed areas in commercial or tourist residential use/zoning. These amendments apply Table I and Table II sound levels to sounds emanating from annually permitted non-enclosed areas. The sounds are always tested out of doors at residential sound-affected sites. The amendments eliminate distinctions between amplified and non- amplified sounds. apply the standards to live music performances whcthcr or not such sounds are amplified. and delete outdated text. These sound violation provisions will not be enhrced by the County with regard to any sound-affected units in a multifamily buildi '.~ if the management of the sound-affected building has power or author . AGENDA ITEM No. /.P(c.J I OCT 2 4 2000 3 Pg. d- is zoned commercial. but is in lawful residential use. for purposes of this Ordinance, the site will be treated as a residential site. 2. Relativitv to Ambient Sounds. Amends subsection (B)(I) to clarify that throughout the Ordinance most sounds do not violate the Ordinance unless the sound exceeds the ambient sound level at the location of the testing equipment by five decibels or more. Table I applies A-weighted decibel levels. Table II applies un weighted decibel levels. This amendment also, in all cases, deletes the existing provision that allowed offending sounds to exceed the applicable maximum levels for up to ten (10) percent of the tested time period. Under the current Ordinance. a "ten percent" exception can be detennined simply by skewing the time duration of the testing period. TestlOg EauiDment and Procedures. Adds specifics to subsection (B)(I) regnrding locating testing equipment; specifies testing requirements; and updates testing standards incorporated into the Ordinance by reference. Testing Adiustments. Amends subsection (B)(I) to require one or two downward decibel adjustments (to the benefit of the potential violator) when tested sounds do not exceed the ambient noise level as specified. Imprecision of the testing equipment warrants these downward adjustments to give the potential violator the benefit of possible testing error. 3. 4. 5. Table I Amendments. Table I applies dBA (weighted) sound levels. The Ordinance amends Table I by lowering by five (5) dBA the Table I maximum sound levels that are to apply to residential sites and units. Because sound level violations under this Ordinance are always determined by the sound levels at the respective sound-affected location. Staff believes that the distance that a tourist residential, commercial. industrial or manufacturing facility or operation is from residential property is irrelevant. The relevant factors are the sound levels affecting the respective sound-affected site/unit. Therefore amendments to Table I eliminate the former differentiation that applied lower maximum sound levels to commercial and tourist sites located within 1000 feet of residential property from such sites located farther than 1000 feet from residential property. The effect of these amendments. as applied to tourist residential "nd commercial sites/units. are that the maximum allowed dBA sound levels are 65 dBA daytime and 60 dBA nighttime at all such locations throughout unincorporated Collier County. including in the IAOD. Table I is also amended to eliminate a fonner differentiation that applied lower maximum sound levels to manufacturing and industrial sites that are located within 1000 feet of residential property from such sites that are located farther than 1000 feet from residential property. The effect of these amendments, as applied to manufacturing and industrial sites, are that the dBA sound levels that will apply to such sites are 75 dBA at all times throughout unincorporated Collier County, including in the IAOD. These proposed maximum decibel levels are within the maximum sound-affected site levels specified in noise ordinances enacted. by a majority of I 17 local governments according to information compiled by the U.S. Environmental Protection Agency in conjunction with the National Institute of Municipal Law Officers (NIMLO). Immokalee Area Overlav District. Adds a 162 square mile geographic area, entitled the Immokalee Area Overlay District ("IAOD"). This area continues to be subject to the fonner Table I maximum sound levels, but will be subject to the new. more liberal, "character of sound" provisions. The IAOD area is to be subject to the IAOD Table II maximum sound levels, which are exactly equivalent to the preexisting A-weighted levels. If the Board should decide to amend, or not to add an overlay district. the . . 6. 2 AGENDA ITEM No. .h1(C) / OCT 2 4 2000 Pg. ,-"5 regulate or otherwise control the person or entity causing or suffering the violating sound(s). 12. Sounds to Attract Attention to Commercial Activities. In Section SIX a new subsection F (7) prohibits use of loud sounds to attract attention to commercial activities. These provisions do not apply to political speech. 13. Exemptin~ Authorized Activities on School Grounds. Parks and Plav~rounds. A new subsection G to Section SIX exempts from the Ordinance authorized activities on public or private school grounds, parks, and playgrounds. 14. Future Racewav Facilities at the Immokalee Re~ional Airoort. A tenant. pursuant to a lease from the County. operates a one-eighth mile long drag strip at the Immokalee Regional Airport. That drag strip is subject to this Ordinance and will remain so unless and until new noise level standards are established. The tenant proposes to construct additional raceway facilities at the Airport. Subsection SIX H in this Ordinance specifies that this Ordinance docs not establish noise level standards that are to be applied to any future raceway tacilities at this Airport. If additional raceway facilities are approved. applicable noise level standards shall be established during that permitting process. Those noise level standards will apply to all such future raceway facilities and to the one-eighth mile drag strip. Cars were racing at the drag strip on Friday evening. August II, 2000. The County's noise consultant determined through equipment testing that no sounds then emanating from the drag strip activities violated this Ordinance. The County's Airport Authority has retained Florida Gulf Coast Uni versity [0 study the sound at all such planned raceway facilities. FGCU has retained a consulting firm that is very experienced regarding studying raceway noise. That sound consultant. by computer. has been retained to project t.he noi,e levels predicted [0 emanate from all of the planned raceway facilities/activities before and after imputing economically reasonable sound suppression. measures. After that data is produced. and during the precesses to permit the plann~d raceway facilitie3. the applicable maximum noise level standards shall be established. If the projected noise levels that can be achieved by the tenant are not acceptable vis-a-vis surrounding properties. including sound-affected residential sites, the proposed raceway facilities will have to be redesigned to achieve acceptable maximum sound level standards. If additional raceway facilities are permitted. this Ordinance and the lease can both be used to enforce the then established maximum sound level standards. Violation of those standards shall be a violation of the lease and this Ordinance. 15. Unnecessarv and Unreasonablv Loud Sounds. A new subsection SIX (I) adds provisions that prohibit unnecessary and unreasonably loud sounds. These sounds are unnecessary. unreasonable. and have no justifiable purpose. These sounds disturb the peace and tranquility without justification. These violations do not require testing equipment to issue a citation or to prove the violation. Examples are: excessive and unnecessary blowing of a vehicle horn; unnecessarily loud radios; and unreasonably loud noise in public conveyances. These provisions apply throughout unincorporated Collier County. Amendin~ Former Grandfatherin~ Provisions into New Compliance Provisions. Amends former grandfilthering provisions in Subsection M in Section Seven that applied to a few businesses that met all of the specified pre-conditions prior to February 27, 1990. Section M to Section Seven is being amended to provide that if any such business that met all of the former conditions prior to February 27. 1990. and complies with all of the new compliance criteria specified in Subsection M. the business will be deemed to be 10 compliance with this new. amended Ordinance. 16. ~ AGENDA ITEM No. /.:J( c ) I . OCT 2 4 2000 4 Pg. 4 17. Grandfathering Utility Facilities, Air Conditioning Equioment. Heating Equioment, Pumos. Pool Equioment. and Similar Equioment. These new provisions (Subsection M to Section Seven) require that existing utility facilities and existing air conditioning units. heating units, pumps. pool equipment and similar items shall comply with the former maximum sound level standards that existed in this Ordinance immediately prior to the effective date of this amending Ordinance (January I, 2(01). These grandfathering provisions apply throughout unincorporated Collier County. Staff recommends that such items, installed prior to January 1,2001, should not be required to comply with any of the new. lower maximum noise level standards in Table I or Table II. Applying the lower maximum sound level standards to such existing items could result in untold numbers of those items violating the new, lower sound level standards at residential site/units. Staff believes that the former standards. including the Table II exact equivalents. are sufficient to control sounds that emanate from such items installed prior to January I. 200 I. 18. Deletes Annual Pennits for Enclosed Areas. Subsections A through G of Section Seven are deleted. Those provisions required annual permits for amplified sounds from within ~nclosed areas. 19. Community Event Entertainment Permits. Expands the County Manager's discretion with regard to issuing community event entertainment permits. 20. Delaved Effective Date. Specifies a delayed effective date of Monday. January I. 200l to allow time to purchase the new testing equipment that will be needed to test octave bands and vibrations, and to train staff to become competent in the use of the new testing equipment. Public Workshops Summary: Three public workshops were held at different locations (Veterans Park, lmmokalee Community Park. and the W. Harmon Turner Building) to provide attendees with inf('rmation about the proposed Ordinance and to receive input from the persons who attended. Twenty members of the public attended the first meeting at Veterans Park. More than 300 persons attended the workshop in lmmokalee. Forty members of the public attended the meeting held at the Government Complex. including several residents from the lmmokalee area. The attendees expressed many comments and suggestions regarding the proposed amendments; some of the comments are in writing. There were 20 public attendees at Veterans Park and all supported the proposed amendments. Many attendees at the lmmokalee area workshop were very vocal and expressed strong opposition to any amendment that would impose stricter requirements anywhere within that area. The sentiments of those persons opposing the revisions were that any stricter noise standard would negatively impact the economic growth in that geographic area. There was testimony that the mere possibility of having any stricter Noise Ordinance provisions apply in that geographic area was causing some prospective businesses to have reservations about locating into that area. There was considerable testimony that stricter noise levels may make sense for the remainder of unincorporated Collier County, but that the lmmokalee area has many commercial operations that would be severely threatened by any lowering of any noise levels applicable to that area. Eight residents of that area spoke in favor of the proposed amendments. They also expressed sensitivity regarding the utmost importance of economic development in that area, but their focus was on their desire to maintain noise tranquility in those residential areas. A petition submitted to staff by those lmmokalee area residents in support of the new proposed Ordinance is attached. At the lmmokalee meeting. a representative of the lmmokalee Community Development Corporation (ICDC) read a letter into the record. That letter. copy attached. requests that the lmmokalee Community be governed under the existing Noise Ordinance, and that a noise study of the Immokalee area be conducted during the months of November and December when some now dormant commercial operations will be operati /llJEK)A ITEM No. ~C JL OCT 2 4 2000 Pg. <5' 5 The public input from the attendees at the third and final workshop at the W. Hannon Turner Building was mixed, including a few individuals who believe that the proposed Ordinance should apply to the Im:nokalee area. More people testified, citing reasons why the fonner. more liberal, provisions should continue to apply in the Immokalee area. Several individuals who reside in the North Naples area were in favor of the proposed amendments but noted that additional review was needed to assess the impact of the recent changes presented at the meeting. Civic and industry representatives were also in attendance but provided no comment. FISCAL IMPACT: The estimated purchase cost of the testing equipment needed to enforce the proposed Ordinance is $13.850 (three testing meters at $4.385 each, plus associated software). The County's consultants estimate the total cost to train employees in the proper use of the additional testing equipment will be SI2,500, including preparation of training manuals. Therefore. the estimated total cost is $26.350. The Code Enforcement Department budget will have to be amended to include these funds if the octave band analysis is approved by the Board. GROWTH MANAGEMENT IMPACT: There are no growth management impacts. RECOMMENDA nON: Staff recommends that the Board of County Commissioners consider adoption of the proposed Ordinance to amend the County's Noise Ordinance, No. 90-17. as amended. Should the Board approve adoption of the proposed Ordinance, Staff recommends advance approval of the necessary budget amendment to fund the cost of training and equipment to enforce the Ordinance. Prepared by: -:iO~ ~J~ Thomas C. Palmer. Assistant County Attorney Date; jt/-//- Hft Reviewed hy: juJ ~ .~ David C. Weige , ~ County Attorney Date: n-II-dl) Reviewed by: <<tlccM6 - ~ ztZ Michelle Arnold, Director, Code Enforcement Date: /0- It-V() Approved by: ~ -, ~ 1) ....j.! ~ i, (Ir.~',' .' hn M. Dunnuck III, Interim ommunity Development & Environmental Services Division Administrator. Date: " ,--')"/ If AGEIDA ITEM No. A(C} J OCT 2 4 2000 6 Pg. to I ORDINANCE NO, 2000- 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 90-17, THE COLLIER 4 COUNTY NOISE ORDINANCE, AS AMENDED; AMENDS PROVISIONS 5 REGARDING TESTING EQUIPMENT AND TESTING PROCEDURES; 6 AMENDS SOME TABLE I, A-WEIGHTED SOUND LEVELS; ADDS THE 7 IMMOKALEE AREA OVERLAY DISTRICT; ADDS TABLE II . 8 OCTAVE BAND MAXIMUM SOUND LEVELS; ADDS VIBRATION 9 STANDARDS; AMENDS CORRECTIONS FOR CHARACTER OF 10 SOUND PROVISIONS; AMENDS PROVISIONS REGARDING MULTI- 11 FAMILY DWELLING BUILDINGS; AMENDS PROVISIONS 12 REGARDING MUSIC AND AMPLIFIED SOUNDS FROM UNENCLOSED 13 AREAS; PROHIBITS LOUD SOUNDS TO PROMOTE COMMERCIAL 14 ACI1VITES; EXEMPTS AUTHORIZED ACTIVITIES AT SCHOOL 15 GROUNDS, PARKS AND PLAYGROUNDS; DOES NOT SPECIFY 16 SOUND LIMITS APPLICABLE TO FUTURE RACEWAY FACILITIES 17 AT THE IMMOKALEE REGIONAL AIRPORT; PROffiBITS 18 UNNECESSARY AND UNREASONABLE SOUNDS THAT DO NOT 19 REQUIRE TESTING BY EQUIPMENT; PROVIDES FOR 20 PRESERVATION OF OTHER REMEDIES; DELETES PROVISIONS 21 THAT REQUIRED ANNUAL PERMITS FOR AMPLIFIED SOUNDS 22 FROM ENCLOSED AREAS; ADDS COMPLIANCE REQUIREMENTS 23 FOR SPECIFIED BUSINESSES THAT WERE ENCROACHED UPON BY 24 RESIDENTIAL DEVELOPMENT OR ZONING PRIOR TO FEBRUARY 25 23, 1990; ADDS GRANDFATHERlNG PROVISIONS REGARDING 26 EXISTING UTILITY FACILITIES AND EXISTING AIR 27 CONDITIONING UNITS, HEATING UNITS AND SIMILAR 28 EQLlPMENT; AMENDS COMMUNITY EVENT PERMIT PROVISIONS; 29 PROVIDES FOR CONFLICT AND SEVERABILITY; PROVIDES FOR 30 INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; 31 PROVIDES ADELA YED EFFECTIVE DA TE OF JANUARY I, 2001. 32 33 WHEREAS, it is hereby declared to be the public policy of Collier County that every 34 person is entitled to sound levels that are not detrimental to life, health and enjoyment of his or 35 her property. It is also hereby declared that the making, creation or maintenance, within 36 unincorporated Collier County, of sounds in excess of the maximum levels' at sound-affected 37 locations as specified in this Ordinance, negatively affects health, comfort, convenience, safety. 38 welfare and prosperity of people in the County: and 39 WHEREAS, it is in the best interests of the public health, safery and welfare that 40 continuous, intermittent. impulsive and/or other man-made sounds generated by commercial, 41 industrial, and/or manufacturing activities, operations, processes, plants and facilities shall no 42 longer be distinguished as to sound-affected locations that are within 1,000 feet of any property 43 in residential or tourist residential use or zoning because the 1,000 foot distance separation is not 44 relevant, including to determine where annual permits are required for live performances and/or 45 amplified sounds emanating from non-enclosed areas; and 46 WHEREAS, with regard l<> sound emitted from commercial, industrial and/or 47 manufacturing sites or activ.ities. Ordinance No. 90-17, as amended. has not heretofore taken into 48 account the characteristics of nine octave bands. although the-offending characteristics of sounds 49 vary according to the frequency range of the respe'ctive offending sounds; and 50 WHEREAS, it is hereby determined that it is in the best interests of the public health, 51 safety and welfare that potentially violating sounds be tested by octave band analysis pursuant to 52 a new Table n being added' to this Ordinance, except when A-weighted testing first proves that 53 no noise violation exists at the testing site; and 54 WHEREAS, it is hereby determined that it is in the best interests of the public health. 55 safety, and welfare to prohibit at residential and tourist residential sites and units, specified 56 vibrations emanating from commercial. industrial and/or manufacturing operations. activities or 57 facilities; and AGENDA ITEM No. ~(c.) I OCT 2 4 2000 Pg. 1 ,....... WHEREAS, Section Seven of Ordinance No. 90-17, which applied to amplified sounds from enclosed areas, and which provisions are redundant of most of the newly amended provisions in Subsection F of Part SIX, is being deleted; and WHEREAS, based on input from hundreds of persons who attended a public workshop held in ImmoKalee, where an apparent majority of those persons entreated that the previously existing maximum sound level standards continue to apply throughout that geographic area, this Ordinance establishes a one hundred and sixty-two (162) square mile area entitled the Immokalee Area Overlay District ("!AOD"). Within the !AOD, the former Table I (A-weighted sound levels) shall continue to apply and the new octave band sound levels (exactly equivalent thereto) shall also apply. The vibration standards apply within the !AOD; and WHEREAS, each businesses that was encroached upon by residential use or residential zoning prior to February 23, 1990, and the business can comply with specified criteria certified to by a qualified acoustical engineer, including making full good faith efforts to attempt to comply with all sound level provisions of this Ordinance, and sounds emanating from the respective business shall not at any time exceed any applicable maximum Table II octave band sound level by more than seven (7) decibels unweighted, will be deemed to comply with this Ordinance; and WHEREAS, it is determined that all existing utility facilities and existing air conditioning units. heating units, pool facilities, pumps. and similar equipment do not violate this Ordinance provided such items comply with the applicable maximum sound levels that existed in this Ordinance immediately prior to these amendments as amended by elimination of the 1000 foot distance separations and applying the new "corrections for character of sound"; and WHEREAS, law enforcement officers and code enforcement officers are authorized to issue on the spot citations for some noise violations, as specified. that are classified herein as unreasonable and unnecessary sounds; no such violation requires any equipment testing to issue the citation or prove the violation. Section 316.640, Florida Statutes, provides that only the Sheriffs Office is authorized to enforce noise violations from, or from within, motor vehicles while they are on roads under the enforcement jurisdiction of the Sheriff s Office. NOW, THEREFORE, BE IT ORDAI;lffiD BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. AMENDMENTS TO SECTION SIX OF COLLIER COUNTY ORDINANCE NO. 90-17, AS AMENDED, Section SIX of Collier County Ordinance No. 90- 17, as amended, is hereby amended to read as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ~ SECTION SIX. MAXIMUM PERMISSIBLE SOUND LEVELS. A. Classification or Use Occupancy. For the purposes of defining "use occupancy" in the Ordinance, the following classifications shall apply. 1. All premises containing habitually occupied sleeping quarters shall be considered residential use. 2. Premises containing transient commercial sleeping quarters shall be considered tourist use. 3. All premises containing business where sales, professional, or other commercial use is legally permitted shall be considered commercial use. : 4. All premises where manufacturing is legally permitted shall be considered manufacturing use. 5. Nursing homes, hospitals, schools, libraries and church uses shall be considered residential uses. 6. Le2allv oermitted use(s) of the site or unit shall supersede the zonine classification of the site or unit and IB in cases of multiple use~, the mere most restnctive actual lawfullv oennitted use sategsf) shall ~ 2 Words underlined are added; words atl'ielieR iF Sligh are deleted. AGENDA ITEM No./~(C)/ OCT 2 4 2000 Pg. r I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 suoersede and control the zooiD!! classification aoolicable to that site or unit. 7. Each A R~' area site or unit not otherwise classified as to zooiD!:! shall conform 10 commercial sound-Ievei standards. B. Maximum Pennissible Sound and Vibration Levels by Zunino Classification or Use Occupancy. .L No sound shall violate any sound standard orovision of this Ordinance unless the offendine sound exceeds the then exist!"!! ambient sound level bv at least five (5) dBA for Table I. or five (5) decibels unweilZhted for Table n. at the sound-affected site or unit. exceot for loud sounds to attract attention to commercial activities or unnecessary. unreasonable sounds as suecified herein. which do not reauire eauioment testine.. The Board. by Resolution(st after Dubie hearine: thereon. may make. adopt. amend and reueal rules and administrative orders to imolement. administer and enforce this Ordinance. No person shall operate1 or cause or suffer to be operated any source of sound from any use occupancy in such a manner as to create a sound level. after aoolicable char-dcter of sound adiustments. if any. which exceeds the limits set forth for the use occupancy category in Table I or Table II. for anv minimum Dart of a (SIal sf FRsre that teA flerseRt af any measurement period, which measurement period shall not be less than sixty (60) seconds. Sounds should be wfteft measured at or b=yond the property boundary line of the site or unit!aH6 from which the sound emanates,...ef at any sound-affected site(s) or unites) that the tester deems to be most aooTOoriate. and which should usually be at a distance l!t'eater than fiftv (50) feet from the sound source unless there is valid reason for testin~ at a closer distance. "Real orooerty line (or boundarv)" means an ima~inarv line alon~ the llTound surface. and its vertical extension. which severates real orooertv owned bv one owner from real orooertv owned bv another owner. but does not include intra~buildin~ diviSions. Test eauloment shall be olaced at a heil!ht at least three (3) feet above the llTOund and at least four and one-half (4 111) feet away from walls. bamers. obstructions and any other sound-reflectinl! surfaces that mii!ht destroy the validity of the test measurements. Wind barriers should be used when aODfOoriate. If the investie:ation is based UDO" a comolaint. the lestiOl! eawoment should be located as close as oosslble to the sound-affected site or unit from which the comolaint orie:inated. All times are standard or daylie:ht savin!!s as aoolicable. The standard(s) to be aonlied shall be the standard(s) and/or table(s) that result in the lowest sound level(s) that violate this Ordinance. A-weilZhted (slow resoonse) testin!! may be used only to make an initial determination whether the sounds violate anv aoolicable standard in Table 1. If the A~ weil!hted testin!! Droves that the tested sounds are four (4) decibels or more below the aoolicable maximum Table I levels. after aoolvinl! Corrections for Character of Sound. if any. a finwnl! of "no violation" shall be made and no octave band testin!! shall be reauired. In all other instances where testin!! bv eauioment is reauired bv this Ordinance. eauioment teson!! shall be bv octave band testlnl!. whereby the A-wcuzhted testlD!! results should be used only to comoare the A-weil!hted test results with the unwei!!hted octave bands testinl! results and aoolvim! aoolicable Table n standards. An "octave band" is a ran~e of sound freauencies divided into nine (9) octave bands to classify sounds accordinl! to Ditch (freauency). If the measured difference between the aoolicable ambient sounds and the oossibly violatin!! sound levels is five. (5) dBA or unweil!hted decibels. each DOssiblv violatiItl! sound level shall be reduced by two (2) dBA or decibels. If the measured difference is six (6) to eil!ht (8) dBA or decibels. the oossibly violatim! sound level readinl!s shall be reduced bv one (l) dBA or decibel. If such measured difference is nine (9) or more dBA or decibels. the oossiblv violatine sound readinl! should not be adjusted based unon the difference. No verson shall hinder, obstruct. delay. resist. orevent in anv way. interfere with. or attemDt to interfere with any authorized verson while he or she is in the oenormance of duties Dursuant to this Ordinance. 3 AGENDA ITEM No. /~fll OCT 2 4 2000 Words underlined arc added; words 6lReliflR dlral:l.@;aaredeleted. Pc. q TABLE I - ZoninglUse OeefllHJ1fey Sound Level IAOD CMeg." at the location of the Time of Dav or Ni1!ht Limit (fonner Sound-affected Site or Unit (dBA) .,und levels) 7:00 a.ro. to 10:00 p.m. aG 55 60 Residential After 10:00 o.m. to 6:59 a.m. ~ 50 55 I CemIRereial aT tBI::lRS! witRIR ::QQ a.FR. Ie 19:00 p.m. aG I 1999 feet Elf FeBiaeRua:I. .\fter 19:00 fUB. 18 fi:59 a.m.. ~ Commercial or tourist 7:00 a.m. to 10:00 p.m. 65 65 After 10:00 n.m. to 6:59 a.m. 60 60 Manufacturing or industrial At all times 75 75 V'iHi.iR 1999 feet af CemmeF6ial aT tewisll:1se I , :>'1aBl:I.faet\iriRg aT iHeHBtFial 7:00 a.lR. to lQ:QQ ~.IR. M ',VitfiiR 1900 Feet efResieeRt:ial MSHaR) lRrel:igk S8.t1:l;-~ 1:I5e eeel:lfJaRs: aT ZBRe. /'.Fter 19:99 t".m. te a:.59 a.m. aG I I Agricultural Zoning At all limes 75 75 -'< "IAOD" refers to all sound-affected sites or units within the lmmokalee Area Overlay District. If 5 any lot or Darcel of land then in common ownershio. or any subdivision or other unified whole 6 develooment. transverses the District's boundary line. the entire lot. Darcel. or unified whole shall 7 be subiect to the IAOD standards. A maD illustrating the boundarv of the IAOD is attached as an 8 Exhibit to this Ordinance. This District consists of a rectaneJe shaved land area that is ei2hteen 9 (18) miles across from East to West and is nine (9) miles across from North to South - a total 10 area of one hundred and sixtv-two (162) SQuare miles. described as: all of Range 28 East. all of 11 Range 29 East. and all of Range 30 East. in TownshiD 46 South. Dlus the Nonh one-half of 12 Townshio 47 South. The current "Correction for Character of Sound'-' nmvisions 3unlv"within 13 the lAOD. The dBA numbers in the rie.ht-hand column are the maximum A-weiehted levels that 14 existed in this Ordinance imrnediatelv orior to Januarvl. 2001. as follows: 60 decibels for 15 daytime residentIal: 55 decibels for ni2ht time residential: 65 decibels daytime and 60 decibels 16 nie:httime for tourist and/or commercial sound.affec~ed sites or units; and 75 dBA at all times for 17 all manufacturing and all industrial sites or units. 18 b. Table n. below. iooHes. as sner.:ifieu. to a!l sound-affected sites or units in residential. 19 tourist residential or commercial use or zouinl.!. Industrial and manufacturinl! sound-affected 20 sites are to be tested bv aonlvin2 onlv Table 1. standards. The reauired five (5)-decibel difference 21 between the ambient sound level and the offendin2 sound aoolies to everY octave band. Table II 22 aDDlies to sounds emitted from anv simile residential. tourist residential. commercial. industrial. 23 and/or manufacturinl! ooeration. activity. orocess. olanl or facilitv. or anv combmation(s) thereof. 24 Provided the offendin2 Table I sound level exceeds the ambient sound level bv al least five (5) 25 dBA. or exceeds bv five (5) decibels unwei2hted anv of the maximum apolicable sound level in 26 anv octave band in Table n. it is a violation of this Ordinance when any such sound is caused or 27 suffered bv anv such non-exemnt activitv. facility. entity. olant. operation. or Drocess. by 28 aDDlving the folloWlOg standards. as may be aDDlicable: ANSI Standards: S 1.1 - 1994 (ASA JJ III) (Acoustical tenninolo2v: Deiinitions of technical terms not defined herein shall be obtained from the then current version of the American 5tzndard Acoustical Terminolo2.\' published bv the American National Standards Institute. Inc. in 51-lor its then current successor In function): S- 4 Words underlined are added; words stRakeR W81:fgk are deleted. AGENDA ITEM No. /-.2 (c \ I OCT 2 4 2000 Pg. /~ 1 1.4-1983 (AS A 47) (Soecifications for ~OU:.J level meters): ANSI S 1.4A-1985 (Amendments to 2 S 1.4-1983): ANSI S 1.6-1984 (\990) (ASA 53) (Standard preferred frequencies. frequency 3 levels and band numbers for acoustical me",,"rements): ANSI S 1.11- 1986 (RI993) (ASA 65) 4 Soecifications for octave-band and fractional-octave band analol! and dil!ital filters): S 1.12 _ 5 1967. (RI986) (Soecifications fo.'l.lboratorv standard microphones): ANSI S 1.13-1971 (RI986) 6 (Measurement of sound pressure levels): ANSI S l2A 1986 rR1993) (ASA 630) (Assessment of 7 hilZh-enerev imoulse sounds with resoect to residential communities): ANSI S 12.7 1985 (R1993) 8 (ASA 62) (Measurin. impulse noise): ANSI S l2.9-1988/Part 1. (RI993) (ASA 76) 9 (Environmental sounds. Part I): ANSI S 12.9 - 1992/Part 2 (ASA 105) Envlronmental sounds _ 10 Part 2. and measurement of lon.-term. wide-area sound): ANSI S 12.9-1992/Part 3 (ASA 109) 11 (Environmental sound. Part 3. short-term measurement with an observer oresent): ANSI S 12.18- 12 1994 (AS A 110) (Outdoor measurement of sound pressure levels): ANSI S 12.40-1990 (AS A 88) 13 (Descriotors for determination of comoatibilitv land use - revision of ANSI 53.32-1980). 14 Because these standards (and/orthe vibration standards) will be uD-dated from time-lo-time. such 15 standards mav be uD-dated bv Resolutions of the Board of Countv CommiSSIOners after public 16 heann!:!: thereon. includinl! the Summm' AlZenda Process. Aoolvlnl! Table II. the nil!httime hours 17 are each dav from 10:00 p.m. until 7:00 a.m. the followin!:!: momini! except as otherwise 18 expresslv specified in this Ordinance. Unless vrovided otherwise. each such sound that tests in 19 excess of anv such sound-affected site-sDCcific aoplicable resultant value. after applvinl! all 20 applicable site~soecific imoulse sound and/or pure tone (character of sound) adiustments. shall be 21 a violation of this Ordinance. 22 TAB1.E II 23 24 Maximum Unweii!hted Sound Pressure Levels (in unweie:hted) decibels - Dav and Nil!ht Steadv 25 Sound Emitted from Residential. Tom;st; Commercial. Industrial or Manufactunni! Activitv. 26 Ooeratlon. Process. Plant or Facilitv Tested at Residential. Tourist. or Commercial SirelUnit 27 Octave Residential Tourist or I Immokalee Area I mmokalee Area Band Sound-affected Sae Commercial Sound. I Overlav District Overlav District Center or Unit affected Sae or Unit Frea. IOther tluln the (Other than the I Tourist or I Residential Site or ! Li!!. Immoktdee Area Immo/cake Area Una Commercial Site or !fuEl Overlav District) Overlav District) I Una I , 31.5 Day 64 - Night 59 Day 69 - Night 64 T Day 69 - Nigh' 64 Day 74 - Night 69 63 Day 64 - Night 59 Day 69 - Night 64 Day 69 - Nigh' 64 Day 74 - Nigh' 69 125 Day 61 - Night 56 Day 66 - Night 61 Day 66 - Night 61 : Day71- Night 66 250 Day 57 - Night 52 Day 63 - Night 57 Day 62 - Night 57 , Day 67 - Night 62 , I 500 Day 53 - Night 48 Day 58 - Night 53 Day 58 - Night 53 Day 63 - Night 58 1000 Day 48 - Night 43 Day 53 - Night 48 Day 53 - Night 48 Day 58 - Night 53 2000 Day 44 - Night 39 Day 49 - Night 44 Day 49 - Night 44 i Day 54 - Night 49 I 4000 Day 41 - Night 36 Day 46 - Nigh 41 Day 46 - Night 41 I Day51- Night 46 8000 Day 37 - Night 32 Day 42 - Night 37 Day 42 - Nigh' 37 Day 47 - Night 42 dBA 55 50 60 55 60 55 65 60 28 29 Refer to "Correction for Character of Sound" i:1 subse-.:tion (3) (C), below. 30 31 32 33 :1 Vibrations Emanatin2' from Commercial. Industrial. or ManufacturiDl! Facilitv. These are not sound limits. These stand.:rrdr aDolv throu1!hout unincorporated Collier Countv. A vibration is an oscillatory motion of sold Uodies described bv disolacemem. velocitv or AGENDA 1TE. No. /,/l.(C J r OCT 2 4 2000 Pg. II 5 Words underlined are added; words !i1.RSh.R thrsHgk are deleted. .1 acceleration with reference to a e:iven refe;;:nce imiN, It is a violation of this Ordinance ", ooerate. oennit. or suffer ooeration or use of an\' industrial. manufactunnl! and/or commerciiil device. facility. oreration. or orocess that causes any vibrations which exceed the aoolicable disolacement{s) in inches soecified in Table m. below. at the orouertv boundary of. or within. any vibration-affected site or unit in residential or tourist residential use or zoniD!! anYWhere in unincoroorated Collier County. Steady State Vibrations are continuous or occur in discrete nuIses more freauentlv than one hundred (100) imoulses oee minute. Discrete nulses that do not exceed one hundred (1(X)) imoulses neT minute must not cause disolacement in excess of twice the aoolicable value(s) in Table m. Imoact vibrations occur in discrete pulses which are seoarated by a time interval of at least one (1) minute and which occur no more than eil!ht (8) times in any twenty-four (24) hour oeriod. These vibrntion re2ulalions do not apply to activities conducted pursuant to. and to the extent authorized bv, blastin I! oermit(s) issued bv Collier County or by any other lZovernmental alZencv that then has suoersedine: authority to issue the resoective blastin!:!: oermit(s). 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. TABLE ill FreQuencv of Steady State Vibration Disolacement Cycles Per Second. Inches Freauencv of Imoact Vibration Disolacement Cvcles Per Second.. Inches Less than 10 10 throul!h 19 20 throul!h 29 30 throul!h 39 40 throul!h 49 50 and over .0004 .0002 .0001 .0001 .0001 .0001 Less than 10 10 through 19 20 through 29 30 through 39 40 through 49 50 and over .0006 .0003 .0002 .0001 .0001 .0001 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ~ The followine standards shall be used. as Joolicable, to measure vibrations: 150- 263 I -1 (Mechanical vibration and .shock - evaluation of human exposure to whole body vibration); ANSI S 2.2-1959 (R 1990) (Calibr~tion of shock and vlbration pickups): ANSI S 2.61 - 1989 rASA 78) (Mecr,anical mounting of accelerometers): ANSI S 24.21 - 1957 (RI989) (Characteristics of shock and vibration measurements). A three (::n comoonent measurine system shall w used to measure vibrations. The testing system should measare earth borne vibrations in three (3) clirecti'Ons. each of which occur at neht ane:les to the other two. C. Correction for Character of Sound. 1. Far aR)' satire!! sf S9kiR6 i\ kisk SIBit!) Steady Pure Tone. For each sound that is a steady pure tone, the aoolicable maximum sound level limits set fonh in Table I and Table 11 shall be reduced by five (51 decibels dBA ill sound-affected sites/units in residential use or zonin2. 2, Non..reoetitive ImDulsive Sound. For any SliHiree af non-repetitive impulsive sound (UD to five imoulses in an hour) tkat is af shElft al:ifaliaR \', itfi aft al:lJ:u~t 8R6et, the maximum sound level limits set forth m Table I and Table 11 shall be increased by ten 1101 decibels dBA from 7:00 a.m. to 10:00 p.m. D. Multifamily Dwellings. If. tke GSBe af JRl:Il~ famil) d" elliRg linits, it skall Be YRlw.'ml t8 SM_ ar pefRlit any Raiae tkat HeB.). 59 eIH.'\. al:IFiRg tRB Rems oetweert ::00 a.fR. tEl 19:00 ~.Hl., Sf 1588). 8tm.Rg the RE:lW"6 l3et..eert 19;99 fUR. &fiB ::99 a.fR. sail), '.Res fReas1:lfeel [rsRi iRsiae a ReigJ:if3sr's an'sIling W1it \'/it:hia s.aid Hll:Iltifamily s"l'elling l:iHit. This subsection shall not aooly if the sound-affected site/unit and the :-murce of the sound can be remllated by the same mana2ement. ;ncbclin~ by restrictive covenant. lease, condomimum document or anv other rule or I'ellUlatioll that :)Uroorts to be enforceable bv the management ae:ainst the violator. whether or not t::!1forced. This subsection aDD lies only to sounds when measured within a multifamily residence dVoIeJIing .mil (occupied in whole or m Dan as the temoorarv or oermanent residence of one or more natural oersons) in residential. tounst 6 AGENDA ITEM No. /.2{ c JJ... OCT 2 4 2000 Words underlined are added; words swieliBR thrsygil. are deleted. Pg. /.2. 1 residentiaL or commercial use or zonim! and the buildine contains two (2) or more such dwelline 2 units. It shall be a violation of this Ordinance to emanate any sound. includine. from eauioment. 3 live oerfarman~e music. ar amolified sound. that. when measured inside such a multifamily 4 dwelline. unit in residential use or zanine. exceeds 53 dBA anytime between the daytime hours of 5 7:00 a.m. to 10:00 n.m.. or exceeds 40 dBA (formerly 45 dBA) aJ!.l'time between the ni2httime 6 hours of 10:00 n.m. and 7:00 a.m. The maximum sound level 'or any such sound when 7 measured inside such a dwellinll unit in tourist residential or commercial use or zoninll shall not 8 exceed 53 dBA anytime durin!! these daYtime ;10urs. nor exceed 45 dBA anytime durin!! these 9 ni2hnime hours. "Manaeement" includes landowner. landlord. resident manal!er. condominium 10 association. or any other substantially similar individual. erouc or entitv that has authority to 11 control the resoective sound(s), "Eouioment" includes. but is not limited to. air conditioninll 12 unit. heatine. unit. oumo. fan. utility facility. and any other substantiallv similar item. lar!!e or 13 small. commercial or non-commercial. whether or not a fixture. within. adjacent to. or associated 14 with the multifamilv buildinll comorised of two (2) or more residence dwellin!! Units. 15 E. Construction Sounds Neise. No person shall operate or pennit to be operated 16 any power driven construction equipment without a muffler or other ftef..se sound reduction 17 device at least as effective as that recommended by the manufacturer or provided as original 18 equipment. Construction equipment that must be operated near a residentially zoned area on a 19 24-hour per day basis (i.e.. pumps, well tips. generators,etc.) shall be shielded by a barrier to 20 reduce the sound ftetse during the hours of 6:00 p.m. to 7:00 a.m. unless the unshielded sound 21 Hefse level is less than 55 dBA measured at or inside of the closest ~ accessible for testine: 22 sound-affected residentially zoned or used property-,- ~ 23 F. Annual Permit for ~rBR IHRp:lified Live Performance Music and/or Amolified 24 Sound at Commercial or Tourist Commercial Sites. fFaBl1:lRfndaseo 8Fe8S 'l'itki8 1000 feet 25 af a Residestial lJse Oee1:lpane:r ay :Z88~ Sounds to Attract Attention to a Performance. 26 Show. Sale or Disnlav. 27 1. Except as otherwise exemoted bv this Ordinance. no Afl.y person shall 28 cause, 68HSi8g sr allowifig ~~ 888 amplifies or suffer live Derformance 29 music or amplified sounds to emanate fro_~ or through a nonenclosed area within 30 a commercial or tourist use occupancy or zone "'itRiA 1 QQQ [.eet af a fesise8t1&.1 31 liSt 8SSYfJMSY sr zeRS, before 5ft.aIt obtaining from the County an annual permit 32 in accordance with tHe sSRwtieRs prs\'idea iR subsection 3. below. af..-.tfti.& 33 sabseetieR. No annual oermit shall be issued for live oerformance music or 34 amplified sound(s) to emanate from any site or unit then in residential use or 35 zonine:. al1hou!!h soecial events at residential sites may be eli!!ible for community 36 event oermits authorized in this Ordinance. 37 2: :I>TeRWBf'liftea. Live Performance mlisic or amolified sound emanating from 38 or throul!h a nonenclosed area fer \\RieR 8fi MRyal ptFFI1:it is feEll:l.irea shall not 39 exceed ~ the aoolicable daytime levels between the hours of 9:00 a.m. and 40 10:00 p.m.. and shall not exceed ~ the aoplic:lble ni!!httime noise levels 41 between the hours of 10:01 p.m. and 8:59 a.m. when measured out of doors at or 42 inside the propeny boundary of m.e 88HlfJlrdRaAt other sites or units in residential 43 use or zonin!!. These orovisions are subiect to the exemotion in subsection D. 44 above (multifamilv dwellinl! units under effective control of manal!emenO. 45 ;.,. /_881181 PePBlit .\pplieetiBB ilRd IssUBRee. AR aRRHal ]3Iermi[ sk&.ll Be 46 BBaHRea f-ar $8 CaRUB\init) De 'elafJmeRt Sef\ iees ;'-.;8.m.iAiatt=atar ar his e1.esigRee 47 BY all pem8RS, 3usiReS& e&tabli&AmSR1S sr stRar eRtities ~Fi8r t8 e8l:lsiRg sr 48 &.118. iRg ta Be BatiSSa 'RB'R 8RlJJliH2a masi:.: 18 emanate from a nElReRi:d8Sea area 49 leeatea "'iYtiR a seRUBersiaJ. Elr tBkH'1St lJSe-{lseupansy Elr ZElRe . ,hieR is "'ithiR 50 19OO feet 8f FesiEleRtiall:!5e eeeapaney aT 26R!. 51 a,. CBHIHIl!lRSi8g OR :I>J8' elBl:1er 39, 199]. an 88Rl::lal peRRit shall Be 52 FeElairea. }- f1effflitel:1taiRea . in 1993 sAall be ':aha f-er tl=Ie 1993 calendar 53 year ana fer tl=Ie 1991 ealtlR88r year. ,\'Rer-e spseifieel. 8n tAe peront afte 54 pemlit ~pIi6at:ieR. 55 &:- CemmeReiRg ith the 1?91 ealeRaar YSiH'. afI an81:lal f1eFffiit sl=lall Be 56 . 'alia 8RI) fer ilie sabRSar j ear in d'lieh it 1\ as 8BlaiRea. 7 AGENDA ITa. No. /~J I OCT 2 4 2000 Words underlined an:: added; words sS'ia!iefl Etmll:l.gh are deleted. Pg. /..J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "'" .:.6 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ~" ~ 2:. Prior to annual permit issuance. all application shall be filed containing all of the following information: a. Name and mailine. address of applicant; b. Name and address of busines$ or establishment where live performance music and/or :rlTIolified sound will emanate De preal:1€ea from such nonencJosed area: c. Description of the applied for nonenclosed area and the event{]2 for which live oerformance music Q! amplified sound will emanate from ee I'Fes1:1eeel the annuallv oermitted nonenclosed area: (e.g., dinner hour, happy hour, daytime, ef evening or weekend entertainment. ete.). d. Describe all H hours during any twenty-four hour period during which such live oerformance music or amolified sound will emanate. be pF881::1See. e. Calendar year for the wft.teft annual permit beine: aoplied for. t5 feftliestea. (iRslliEHRg l3eth the 1993 6HleR8:ar j'ear aRB. tRe 1991 ealeRaar jear ,,,here the a~~lieant is ~ t8 8ewHR a ~eFffiit fur 19~3 and 1994j, '" ol Fee for Annual Permit A forty dollar ($40"00) fee shall be paid by the applicant at the time of application for an annual pennit for costs associated with administration and enforcement. These annual oemtits run from January 1 throue.h December 31. There shall be no oro-ration of the application fee. These Annual Permit Fees may be cham!ed from time-to-time bv Resolution( s) of the Board of Countv CommissIOners. &:- ~ Violation of Annual Pennit for NaB aRlllliAed. Live Performance Music and Amolified Sound. Subiect to the Multifamily Dwellinl! Unit "under mana2ement exemptions" in subsection D. above. A .!!ny person who. or entitv that. causes or allows to be caused annually oermined live oerformance music or annuallv permitted amolified sound to emanate from or throue.h any annually DennJ1ted non-enclosed area ar zaRS 8fea lesate~ v:itkiR a s8mmeFeial CI :8HRSt I:Ise that exceeds any of the standards of subsection (2), above. . hieR is \yith.in 1 ngg feet sf a feliieeRtial HSt:! 866l:ifl1:lR6j sr zeRS ~I:lriRg ilie AauFS sf 9:00 a.m. te 19:00 p.m.. iR el'tssss sf fig sEA shall be in violation of the annual permit and of this Ordinance. .'\R)' JleFS8R ',\'8.8 aBuses sr alienS t8 13e eaUseaHil:isis to em.anate KaRl a ReR eRslesea area NithiR a 8sR'lJFIersiaJ ar tEll:lflst l:lse BGSHIHHle;. sr zeRe ttkin lQQQ feet sf a FesieeRtial use Bssl::lIHmSj sr zeAS dl:lARg fhe AOl;l.rS af 19:91 ~.m. aRS 8:59 a.FR. in eJlSeSS sf 5.5 fiB!. shttlLetLiR ':ialatieFl oLt:8e. al.R1:lalpermit fiml sf this OreHRRRee. Each inddence of sound Hetse level and/or oermit time-of~day or other oermit restriction violations !:lli!.X sft.all._constitute a separate offense as deCIded bv the enforcement forum in (he specific case. '* Q.,. Enforcement or Annual Permit. Violations of the annual permit shall be ,enforced in accordance with the provisions of Section Twelve. 1. Unauthorized Sound Promotion of Commercial Activities. Exceut to the extent authorized bv communitv event oermit(s) issued oursuant to:thls Ordinance, no verson shall whistle. veil. or shout. or ooerate any whistle. rattle. bell. e.onll. claooer. hammer. drum. hand Qf!!an. or other sound eroducine instrument or' device for commercial. or business advertisin2. ourooses: or used to-nromote oranrset attention to any oerformance. show. sale. or disolav of inventory or merchandise. in connection with anv commercial activity: includine a radio. television. ohonoQ.raoh. recorder. record. tane. CD or other substantially similar sound erectucin!! device, in from or outside of any buildine. olace or Dremise. or in or throu2h any aoerture to such. buildinl!. Dlace or premise. abuttin2 on or adiacent to any DUbhe street, Dubhe Dark or Dubhc olace. or in or UDon any Dubhe street. Dark or Dlace. where any such sound can be heard at any oublic street. Dublic park or Dubhe Dlace: or when such sound comes from an aircraft or other thin!! Oevice. or from a watercraft or vessel or otherwise from waters within the Countv's iurisdiction: Dr anywhere on a Dubhc s:reet. public Dark or other public Dlace. No testinl! eQUloment reQuired to issue any citation or to Drove anv of these violatIons. Law 8 AGENDA ITEM No. /.,.1(C It- OCT 2 4 2000 Words underlined are added; words !Mleli.eR IlU8tlgh are deleted. Pc. /'1" 1 enforcement officers and code enforcement officers are authorized to issue on the soot 2 citations for any of these violations, This orovision has no aoolication whatsoever to any 3 ooJitical soeech. These orovisions do not aooly to sounds from authorized business 4 motor vehicles as soecified in Subsection I. (5), below. 5 G. AUTHORIZED SCHOOL. PARK OR PLAYGROUND ACTIVITES. 6 Nothine in this Ordinance is intended to ret!ulate any sounds emanatine from any authorized 7 olaY2found or school soortine event. entertainment event. or authorized event at a nublic or 8 nrivate nlaysrround or school nrovided the sounds therefrom conform to the authorization e:ranted 9 by the DlaY2found's or the school's mana2ement to conduct that event. 10 H. RACEWAY FACILITIES AND ACTIVITIES AT THE IMMOKALEE 11 REGIONAL AIRPORT, This Ordinance shall aooly to the existing one-eil!hth mile drat! stria 12 at the Immokalee Rel!ional Airoort and shall continue to aoolv thereto unless and until different 13 noise levels may be determined by means of the followine oennittine orocesses. This Ordinance 14 does not establish any sound level standards that are to aooly to any future racinl! facilities or 15 activities hereafter located at that Aimort. If additional raceway facilities are authorized at that 16 Airoort. the sound level standards that shall aooly thereto shall be determined bv and durine the 17 oermitti",!: orocesses that authorize such future facilities and/or activities. Those new sound level 18 standards shall then be annlied eQually to the one-eiehth mile dra2 striD. Those new sound level 19 standards can exceed. but shall not be stricter than. the maximum sound levels now soecified in 20 this Ordinance. and shall be determined by and dunne the permiuine processes that authorize 21 such future facilities and/or activities. Such standards shall be described in terms of A-weie:hted 22 testine under Table I and by octave band standards under Table II. and there shall be no time 23 averae:imz. of any of those sounds. Notwithstandinl! any other then existlOe enforcement 24 alternatives. those standards. once established. shall be enforceable bv aDnlvine: this Ordinance. 25 !, UNNECESSARY, UNREASONABLE SOUNDS. Notwithstanding anv other 26 orovision in this Ordinance. the followine sounds are a violation of this Ordinance exceot at an 27 authorized or exempt event. or unless otherwise excused for !lood cause bv the lOvestieator or 28 officer under the circumstances at the time and place of the potential violation, Each alleeed 29 violation of any of these nrovisions broue:ht to the attention of the enforcement officer or 30 investieator by a third Darty comnlaint because of loudness of the resDeetive sound(s) shall be 31 rebuttable prima facie oroof that the comnlained of sounds violate this orovision orovided that 32 the officer or insoector also concludes that the comnlained of sound is unreasonably and 33 uniustifiablv loud. raucous. iarriOlZ. disturbine. or a nuisance. to reasonable persons within the 34 area of audibility and any such sound is causimz actual or immment interference with the peace 35 and e:ood order of the sound affected area. and not because one complainant. or any other sinele 36 individual. found the sounds to be oersonally disturbine:. No testing eouioment is reauired to 37 issue any citation or to nrove any of these violations. Code enforcement officers are authorized 38 to issue on the soot citations for any of these violations over which the officer then has 39 enforcement iurisdiction. Violations from. or from within. vehicles while on roads under the 40 enforcement iurisdiction of the Sheriffs Office must be enforced onlv bv the Sheriff's Office as 41 soecified by Section 316.640. Florida Statutes. exceDt as now or hereafter may be authorized bv 42 law. 43 1.:. Blowioe Horn or Racine Enlrine. Sound caused bv any unnecessarily blowine 44 of a horn or racin2 the enlrine of any automobile. motorcycle. or any other wheeled vehicle. or 45 needlessl.... brinlri.ne any such vehicle to sudden starts or staos. that cause loud sounds. 46 b Vehicles Out of ReDair. Ooeration of any wheeled vehicle. includine a 47 motorcycle. not eauinoed with a muffler or other sound dampening device in l!ood 48 world",!: order so as to oreyent unnecessarily loud. or exnlosive. sounds. 49 .1. Yelline. Sboutine:. Hootine: and WhistliBe. Yellin!!. shoutinl!. hootine. 50 whistline:. or olavine: musical instrument on a nubhc street. at any home or other 51 t\'De of dwelline or residence. motel hotel. office. or Dublic conveyance. 52 narticularly between the hours of 10:00 n.m. and 7:00 a.m.. or at anv other tIme or 53 any other out of doors nlare so as to disturb the oeace and auiet. or that annavs the 54 comfort or reoose of any reasonable verson. 55 :h Boom Boxes Out of Doors: Sounds Within Public Conveyances. The 56 audible usinl!. onemtine or oIavinl!. or oermittine to be used. ooeraled or olaved. 9 AGEI<<lA ITEM No. hire) I OCT 24 2000 ~ Pg. Words underlined are added; words BIRBlt8A thF8ligk are deleted 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 /""' 1 out of doors any unreasonably loud soundest includim! sounds from a radio. taoe olaver. recorder. CD. or any other substantiall" siIilitar s()un'dmakine device. or musical instrument. so as to annoy any reasonable person. orovided the offending 4 sound is audible at any distance lZreater than fifty (50) feet from the source of the 5 unreasonably loud sound. is a violation of this orovision. Any such sound within 6 any Dubhe conveyance. includine bus. taxicab. limousine or iitnev ooeratinlZ in 7 unincoroorated Collier County is a violation of this orovision if the sound is 8 olainlv audible to any other oerson in the Dublic conveyance. includine: the 9 oceTator. 10 5, Ooen.tion of Radios or Other Mechanical Soundmakinl! Devices or 11 Instruments within Motor Vehicles: Exemutions. ]1 is a violation of this 12 Ordinance for any uerson oDeratim! or occuovinl! a motor vehicle on a nublic 13 street or DubHc hil!hwav to ODerate or amolifv the sound oroduced bv a radio. tare 14 elaver. or other mechanical soundmakine: device or instrument from on or within 15 the motor vehicle so that the sound is elainlv audible at a distance of 100 feet or 16 more from the motor vehicle. or the sound is louder than necessary for the 17 convenient healin!! bv oersons inside the vehicle in areas adioininl:! churches. 18 schools and hosoitals. Exceet while ooeratine. within a oosted hosoital zone or 19 within any other oosted auiet zone. this subsection does not aooly to motor 20 vehicles while beine: used for authorized business Durnoses between the hours of 21 7:00 a.m. and 10:00 n.m. orovided the soundrnakinl! deyice is beini! used in the 22 normal course of the business. This subsection does not aoolv to oolitical soeech. 23 1: OTHER REMEDIES PRESERVED. No provision of this Ordinance is 24 intended to disturb the neht of the County or of any oerson or entity to oursue any other remedv 25 for the abatement of a nuisance. or any other remedy that may then be available under law Of 26 eauitv. This Ordinance does not aooly to the extent the SDecific rei!ulatIon is then oreemoted bv 27 Rorida aT federal law . rule or ree:ulation. ""- SECTION TWO: DELETION OF SECTION SEVEN. Section Seven of Ordinance No. 90-17 (created by Section Four of Ordinance No. 93-77) is hereby deleted: SECTIo~r SI<"B~1. RI<CU'j,Tlml OP AI\II'UAIID SOL1'lD ".'ITHll>11999 fEET OP f. ~SIDE'mAl. USE A Regu.latieR sf .~.Rl~lit:iea 5:Sl:l8a Frem. E86lesea ".Teas. .".mplified 581:108 eRlBflall8g; Hem an e8elasea afSB '\'i1hiR a 6sHl:Hlereial Elf tSl:lRst l:lse eeSlipaRS: Sf 2888 .\ Risk is .1 itRiR 1900 reet af a Fesiae8tia::l. \:is! ses\i~aney Bf ~G8e is pefffiittea. 881) sliHRg the hSl:lfS af S':OO ;'-.M. ta 2:QQ .A..M. 8-:- ~Q:lere ~lif.ieB aGl:lRS emanates flaHl aft eRsleses area Bl:lERg the Rel:lrS ef 9:00 ;\.H.. te 2:00 .~..M., iR aeeeraanee witA ~arBgf&J!h /'. aesye, sHeA aEFI~Ii:Heali8R shall Rat Be ea~ iF! a Rl8fIser ar with syeh slalBe 8fj te BORSY ar BiSt1:lFB tAl! flYiet. SBmfaFt ans Fepsse af a FeasBRiffile peFSGR eesti.pyingany FeSiaeRaal. 1:l6e. G:- Pl!anit Ref;J.ti.iFeffleRt fer .A.:m~liHea 8stm8. nsm NSR eRsleS8a .A.FeB:!i. }.RY )J8F88R, Bti.siReSS estBBlieAJReRt aT eRhT:} eal:iSiRg aF alla".\'iRg ta Be sEK:Iseel. amplifies SBYRe fTBRl a 'FIBReRslesee area v:itAiF! a eSRlfRepeiel ar teariet yae eseap8AS:" aT ZeRI! 8R8. "'ithiR 19QG feet af a FeBiasfltill:l l:lse eeeapaney aT i!SRe 3RaIl 8eHHR FFBHi the CellRt:, an anNIJBI parmit ift ae.esraanse . itk tAe Seft8:iti8ftS pre "iSla ia I'~h E af.this (Il!ehsR. 1* Hax.illHim Deeteel Layel fer .~~mpliHea SaaRa. "'here an a"RHal permit ia FeEI-':HIea H:efR a R9R eRelssea area is Fel:l1:lires iR aeesrelaftee .\ itl:i ~EH=8gra.pl:i C assve, BmfJliHea saWls emanatiRg ft:em Ii R8R eRelesea afell. shall Ret e1i6eeEl. 69 aBl. setTee" tI:Je RGklFS sf 9:00 p..M. OH. 19:00 P.M. ... sholl H.t ...... 55 EIIlA B.' ..H Ill. he." ef 10:01 P.M. M. 8:59 .\.H. as measYFes at Sf iRside tAe ~~~elty bBI:iR~' af Ii 68FRplaiR8Rt. &- ARnual PeRBit Fer .\.mplifies Mllsie }FeRl. ~r8R Il.'Re1esed .\r.eas.. 10 AGENDA ITEM No. /.2.fJ ! OCT 2 4 2000 Words underlined are added; words stRel.eR threllgR are deleted. Pc. /~ 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 h A....-.8I::lal PeFm:it A'fJplieali88 ani! IsB1::I8RSe fer H1:lsie keffi ~J8R eHe18ses Areas. :\8 8D81:1a:1. pemlil shall Be BBHHRea fFBIII tke CammHHity De' elepm.eRt Ser-'ises )".8miRistnltef af l:Iis aesign.ee 1:J~' 8::1.1 peFB8R~, Bl:I.siFl!S5 esta13lisRffieRt5 af smer entities pAST 1a eS1:lsing aT aHa :jRg 18 Be S8l::1S8B affiplifOiea 581:iA8. 18 eHHlllale Fr8f1l. a R8ReRs18sea area leGateS. '''ithiR a 68HUHefsial Elf t8l:1Fl.St HSl! eeel:lpanSj Sf :laRa ",'hiek is .:it:RiR 1 ggg feet af a r.esiaeRti81 tise oesl:I.paflsj af - &;0 Cemm.eRsiRg 88 ~Te\'em.l3er ]9, 1993, 8ft ,HUHla] fleFFfllt shall Be FeE:!1:iires. A peFmit 8BtaiRsa 18 1~~3 shall Be :alia f-af the 1993 ealsRSar year lHul fer the 1991 ealeH8&r year '{:here speeifiea 88 {lie peRRi! afl/a peffflil &flplieatiBR. &:. Cefl'll'BeasiRg with the 19~1 ea:leR8ar year, aft i:l.RRUal fH!fFflit shall Be ':aha 8Rly fer the ealeR8ar year iR '.\ hish it .. as 8BtaiReel. ~ FRaT 18 aARY-a,} f1eFmil iS6Y-anee, an 8fIf1lieat:iea sAall Be fileel sElataiaiRg aB ef tfle fella\':iag iRf.afHlatieR: a-: RarRe aRel seeress af appliSBnt; e. Rame aRel selelress sf 81:isial!!ss sr establishmeat .vRere 5aHRel ..ill ee 8:mfIlified; e-:- ia.e'RtiFisatisR af tfle tYfle sf 5SttftB t8 Be amplifies aAd the methee af a:mplifisatiaR, iRelHat.Rg RY-HIeer af ISHdspeal:ers aHa. EIther aFRplifying ~ Eh eeseRIHisR af e"'eRt fer v.RiGA saHRe \I.-ill Be amplifies (e.;;., eliRRsr RB\:tf, A&flPY AeH!, ea)time af e\'eRiRg ar \.eeL,eRB eRteftaiRFReflt); e.,. hSY-F5 eh:lRRg 8A) tv.eRt)' Fe1:ir ASHr peRea Eh:IRRg '1. kid'} soufla":ill Be amplifiea; f:. ealeRSar year faf wkisR aRRYa,! flemtit is FeEjyesteel, (iRGh:ldiFlg Bsth the 19~] sweRGar year aR8 tite 1991 ealeasar year \\Rere tAe arplieaRt is FeElHiFes la 8BHHft B. flefAlit fer 1993 ana 1991). ,;, Fe. ior ...""..01 PeRHiI. .'. ieFl; doll... ($10.00) ioe ,.all Be paid BY t.e flf1l"lisaRt at the time sf B.pl"lieatisR fer aR aAIH:lal peFHlit faf easts assoeiates \"itl:t aEkninistf8f:isa ana eRfBFGemeFlt. ~ "isla.tisRef .~~RRHaI Peanit fer AmflliFiee H1:lsie. f~R;' 13eFs8R, BHsiRess estaelisl:tmeRt E1r atHer efttily \I:Ae e&Hses sr 8:118. B ls l3e sal:ise~ ffIl:isie (8 8FHaRate FFem. a RBH eRsIBsea area lesatee ilhift a sSHlIRsreial af tBuRst 1:lse esaHflHFlS) er zaRe ...'hid'! is n'ithiR 1QQQ feet af Ii. resiaefttialus8 eseapanej aT zeRe elY-RRg tll.e !:'ISl:IfS of <:':00 a.m.. t8 19:00 p,m. 1ft exeess af (i9 liRA sR&lle8 iR "'ialBtisR Bf the BHRMal fJermit aRa af this GrcH88f1ee. .<'.8) fleFSaft . AS aBHseS Sf aIls,":s ta be aBuses m\:lsis 18 8ffiaRBl8 tram. a fleR eas18!lee area \\ithiA a semm.sreial ar temsl Hse 86S1:iflHftej Sf ZElAS ? HAiR 1900 feet ef a Fesiaefttial Y-sa 86Sl:lfl&RSY aT E:8ft8 Swiag the A81:ifS af 19:91 j3.m. aRe 8:51)' B.ER. ift errseS5 af 55 aB}' sRall he ift vialatisft af tAe ilIlfll:lslpel'ffiil aRs sf this OrSiR8.Rse. BasR iasi8eRSe at Raiss le"81 ar time at $)' restFiea8R vialatiaRs SAHli eS8slinne a separate e#eMe, G-:- 15RfeFGemeRt Bf :'.dl.R86:I PeFlBit. VialatiaftB af tAe BnAMsl permit shaH Be eRFereea' iF! aessF6aRse v:iU:!. the pra. isiaF!6 at 8eelisR T!:eb:e. SECTION THREE: AMENDMENTS TO SUBSECTION (N) OF SECTION SEVEN, AS PREVIOUSLY AMENDED AND PREVIOUSLY RENUMBERED TO BE SUBSECTION M OF SECTION EIGHT. Subsection N of Section Seven of Ordinance No. 90-17, "Exceptions" (as amended and renumbered by Ordinance No. 93-77 to be subsection M of Section Eight (codified as subsection (13) of Sec. 54-87 of the Code of Laws and Ordinances) is hereby amended to delete the fonner grandfathering provisions, and to add in lieu thereof compliance provisions: also adding AGENDA ITEM No. /.J(CJ I OCT 2 4 2000 11 Words underlined are added; words !ilrislulR t8 81:lg8 are deleted. Pc. /1 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 <4 ,r-'" --1 grandfathering provisions applicable only to now existing utility facilities and specified now existing large, commercial air conditioning and heating equipment. as follows: j 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 J.] M. ComDliance Provisions. m those instances where an industry or commercial business had ifi prior to Februarv 23. 1990. yeaF9 established its place of business in an area remo'led from residential zone and subsequently through encroachment of residential development or rezoning. became immediately adjacent to a residential zone, the 581:186 le"el limits fer aft iRQl:lSma4 Sf sBHURereialase, 86 applieae:le, sRall Rf'pl) aRB the such business shall ft6t- be required to meet- comolv with these aU sound level limits.:. f:er at resiaeRlial Z8Re5~ eKsept the limitatie8 imf'8seel l:lpeR lHHf'litieEl maStS BRall be eefflj3liea ....itA. Notwithstandine:. the above. each such business shall be deemed to be in full comoliance with this Ordinance orovided the resoective business como lies with the followimz: 1. An emrineer with exoertise in the sublect matter area of acoustical emrineerinl! and licensed to orovide such services in Florida. is retained by the business to conduct. and does conduct. a thoroue:h acoustical analvsis of the relevant noise oroduci"\;! ooerations of the business: and b A timetable (for commencement and completion of the ene:ineer's proposed sound reduction Dlan is to be undertaken by the business) is oresented to the County's Director of Code Enforcement. who is hereby authorized to ascertain (with or without assistance of an acoustical ene:ineerinl! firm retained by the County) whether the prooosed remedial measures and timetable appear to be adeauate and reasonable. If aoproyed to be reasonable bv the Director. the Director shall monitor the approved plan and timetable to confirm timely completion of the ulan: and 1. Based unon the en2ineerin\;! analysis. the business. by expendine: money and/or takine: other remedial measures. makes a eood faith effort to attempt to comoly fully with the applicable maximum noise levels as measured at representative residential noise affected sites and/or units. and the remedial measures brine the offendine: noise levels toward compliance with the maximum sound levels. and after completion of the plan's sound reduction measures. the sound levels do not exceed by more then seven (7) decibels any maximum sound level snecified in this Ordinance: and :h In the professional iudlmlent of the business' retained acoustical enl!ineer. expenditure of additional money or other resources. or taking other remedial measures to attemnt to further reduce the levels of anv such sounds is unlikely to result in anv meaninl!ful further reduction in any of the sound levels then emanati",! from the business. 2.:. Compliance with the above four suboaragraohs shall conclusively establish that if the County should reauire any further expenditure of money or the !akin!! of anv other remedial measures will thereby impose an undue economic burden UDOn that business. Undue economic burden includes monetary losses oroiected to result from recoinne: the business to comply more fully with the applicable maximum sound levels. includim!. but not necessarily limited to. cessation or anv reduction of the business' hours of ooeratin!! durinl! any 24 hour neriO<!. N. GrandC.therine Utilil1l Facilities. AirConditionine or Heatine Eauioment: Pumns. Utility facilities. air conditioners. air conditionin!! units. heatim! units. DumOS. 0001 eauipment. and other substantially similar eauipment and accessories thereto shall comply. with the noise level standards that existed in this Ordinance: immediatelv Prior to Januarv L 2001. and shall comply with the current character of sound adjustments. provided the facilitv or eauioment existed at the same location at its site as of January L 2001. The burden of provine: the facts that aualify the obiect to be grandfathered shall be on the individuaUs) assertinl! that this I!fandfatherine: protection aoplies, This subsection does not aoolv to any such obiect whollv reolaced subseauent to January 1. 2001. The sound level standards applicable to these e:randfathered obiects are listed in the !ADD: lumn in Table I and eauivalent octave band standards 10 Table n. AGENDA ITEM No. ~CJ I OCT 2 4 2000 -, 12 Words underlined arc added; words stfteli.l!lft tRf6t1gk are deleted. Pc. /f I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SECTION FOUR: AMENDMENT OF SUBSECfION 3 OF SECTION NINE, AS AMENDED. Subsection (3) of Section Nine of Ordinance No. 90-17, "Community Event Permits" (as amended bji'Section Six of Ordinance No. 93-77) and which is codified as subsection (3) of Sec. 54-88 of the Code of Laws and Ordinances, is hereby amended to read as follows: "(3). Community event permits issued hereunder for entertainment events. includine: oarades. entertainment events other then at Darks. olavlZTounds or school orooertv: concerts. in- street events. fireworks disolavs. and substantially Similar events may be granted subject !Q tHMief the following conditions: a. The mAsbBR event must be open to the public (admission may be charged); b. The permit \",'ill Be gi :eft sRly can authorize the entertainment event to function for uo to sixteen fetH= hours in ~ &He 24-hour day; and c. The entertainment event itself may function aUist se stages. onlv between the hours of 9;00 8:00 a.m. and H!llG midnight." SECTION FIVE. CONFLICT AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interests of public health, safety, welfare. and convenience. In the event this Ordinance conflicts with any other ordinance of Collier County, this Ordinance shall prevaiL If any section. phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such ponico shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECfION SIX. INCLUSION IN THE CODE OF LA WS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 32 SECTION SEVEN. EFFECTIVE DATE - DELA YED. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 This Ordinance shall become effective on the rt day of January 2001, subject to being filed with Florida's Department of State. PASSED AND DULY ADOPTED by the Board of County CommissIOners of Collier County, Florida, this day of ,2000. ATTEST: DvnOHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. By: Deputy Clerk By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: - D1 . I PIA. cJlMc../ Thomits C. Palmer Assistant County Attorney AGENDA ITEM No. /~CJ I OCT 2 4 2000 Pg. /'f 13 Words underlined Ilre added; words O~el[eR tlwSljgR are deleted. T 455 , ~ '--------_.._..0"_' (;I;l U Z < Z - Q :::: o (;I;l C'J - t"'o -- Z ;;.. E- Z ;:I o u :::: ~ - ...l ...l o U ~ I ~ T 46 J l *~ ~I I ~ ? - I ~-:+T-~-.- n- ~ - -=- ~:~~~ ~'_I_: l~i~1 ~ l\j ~ c.) I _~ ~:~ -; -;-':1 --=r- - r, '"~ --:- -;- --:'-!--:--,~ ". ~, f' I - ---. - ~ ----- ~ ~ ~ ! @ w ~ " g: 0 ~ ~ . ~ ~ ~ , ~ . M " ~ ---------- E- U - et: E- C'J - Q ;;.. ~ (;I;l ;;.. o < (;I;l :::: <: ~ ~ , - ~ o ~ ~ - o ~ ~ ~ " ~ M ., " ~ ~ co ~ ~ ~ ~ - I ~ I <r1 ~ ~ (;I;l . " ...l - ~ , ~ . ~ " I -'.~ -, (;I;l " ~ 00 :::: ~ ~ ~ . < , ~ ,co ;:I " .~ ~ " , 0, Vl . ~ " ~ N " \to .... ~ ~ ~ 00 . M ~ ~ . ~ ~ ~ ~ ! e " ~ = ~ ~ ~ ~ , n " ~ ~ ~ . " M M ~ ~ [4 co .. ,. " ~ ~, ~ . ~ M '. ~ " ^ '" = I ~ " ~ ~ ;; M I " ~I- , 0 0 ", I a:", nfU' '" ~ ~ " 0", '''''I f1- "' R ,g ~-'OEI~ '" '" "'w ~ "" . " <" "':': ,- ., ", .., . ~~.,' oJ/. 'E ) M ". to <"l" ~ 0 _ " N '~~ ~ " /:J ., ':.3~ __ 'f..; ^ . . ~c ., 0, " , " ;; ._--~ "" <,-, N ;ol ~ . ~ ;; . ~ " '" M -- --. --- ~ ;;. . ~ . " " " ~ . " " M . -. 1 . I I" I ," I,.. ... II ., ". " ~ ~ " l\irn ~o ::n3aNv~n ~-:E \l'ltNOll-- <c,.... 0;; ... ~ fJ~1 ffi~ .:~i~ --~ ;,-~ ~~ '!'J"'::':'" <1>. ~'-~l\ :r:~ ~ ~ '~ ,~ " ! -"~--'--'"._,.,,_._._--------"-,_.,-"'--_. ~ 1:-- if; ~ n ~ " N , '" " 0 .., ", N 0] ~ 00 g ~ . " " , '., ::: ~ -_I '" " "'u., .~ Ip' ~ '-'-I :"j I~ -=1'.::=0. 0 ;: ...~::;"".,o..Jlr: ---- i~~:r;:_ ~ ~ :_ ~ ~5~~ j~~-:: _' <l.' ", c " '0 ': To: From: Date: CC: Subject: Memorandum Maureen Kenyon Minutes and Records Judy Kraycik ~ Code Enforcement October 18, 2000 Michelle Arnold, Director Code Enforcement Agenda Item #12(C)1 In an effort to lessen the amount of back up attached to an agenda item, I providing you with copies of material related to the proposed Noise Ordinance for your files. This includes miscellaneous items received at the public workshops, a report from the Noise Consultant, and a letter from an Independent Task Force member. Code Enforcement Department Jul-19-00 Ol:38P 94165' 091 P02 JUL 19 '00 ,. A t- I.) tJ 1W'1 IMMOKALEE COMMUNITY DEVELOPMENT CORPORAnON EXHIBIT A - Veteran's Park vJorkshop P.03 09:20 Benny 81a111ng, Jr. e.-.- July 18, 2000 aarb.r. Borry B<>arol of Canmissiorl1lt Collier Coumy Govenunenr 33D 1 East Tamiami Trail Naples, Florida 34104 Dear Commissioner. The \mmokaJee Community Develcp1ll$t CotpOOltion (ICDC), a newly formed entJtY pledged to onhancinj: the economic dbve\opment of Immokalee, has rocenlly woo a positiOll on the proposed amo:ndmmt eo-lbe Celliet coumy'. Noise Ordinallee. The Il<latd of Direc:tou of the ICDC (list of the board member. i. attached) unonirnoll$ly ruppOlt tile followin& positian: I. The exilting noise ardUun.,., i. satisfactory fur tile community of JmrnokaIee. 2. Any noise studies for the community of Immoblee must be dcne ~ 1 November and 3 1 December to lIGCurately re80ct the ambiorlt noise level of Immoblee. We 8n: e>roer'Il81y O<1tlCemed Ihat ...y amendment to the existinS noise ordinance will .ffiod our ability to attract induJtris.l and hillh tech companiell to our community. We rhetefore respectfully requeot that you develop a speo:ial overlay fur ooastlIl Collier County that C()U\d be af'fe<<ed by any amendmmt to the DUloe ordinance and a11cow the ""&tern portion of Collier County to c:ontinue under the eJ<isting ordinance Thank you \lery much fur your .n.>ti<m. ~)- Prusiclo. <>, 720 Ncrih 1~ Strwt, Immokalee, Florida 34142 . (941) 657-3237 Jul-20-00 11:52A B Hive Flowers & Gifts 941 657 2737 P.02 lmmokalee Community Development Corporation Officers & Board of Directors: Executive Director: H.n. "Benny" Starling, Jr.---720 North 151b. Street, Immokalee, Fl. 34142 941-657-3237 (W) 941-657-7797 (H) Project Director: Patty Swilley--P.O, BO)l: 152, Immokalee, Flurida 34143 941-657-3156 (W) 941-348-0916 (II) Chairman & President: Stevc Price---1400 North ]5'h. Street, Immokalce, FI. 34142 941-657-3171 (W) 941-657-1014 (H) Vice President: John Drury---I65 Airpark Blvd" Immokalee, Fl. 34142 941-657-9003 (W) 941-370-4103 (cell) 941-642-71l711 Ext,#35(CCAA) Secretary: Anne Goodnight---P.O. Box 5396, lmmokalee, FJ. 34143 941-657-4434 (W) 941"{;S7-3356 (II) 250-3914 (cell) Treasurer: Boh Coleman---1400 Suite A 15'h. Street North,lmmokalee, Florida 34142 941-657-3644 (W) 863-657-8225 (H) Mike Taylor---P,O. Box 1115, Immokalee, Fl. 34143 941-657-7109 (W) 657-0006 (cell) 941-352-9226 (ll) Carolyn Billie:--..{;300 Sterling Road, Holly'Wood, 1'1. 33024 954-967-3702 (W) 941-467-8678 (H) Everett Loukonen---P,O, Box 1990, Immokalec, Fl. 34143 941-658-6060 (W) 941-657-6528 (H) Fred Thomas---1802 Farm Workers Way, Immokalec, Fl. 34]42 941-657-3649 (W) 941-657-5447 (H) Bill O'Quinn---730l Hunters POint,lmmokalee, Fl. 34142 941-657-5275 (W) 941-657-3325 (H) Homer Betancourt---P.O. Box 5005, lmmokalcc, Fl. 34143 860-3166 (cell W) 863.674-0286 (ll) Kenny B1ocker---110 12'h, Street, Immokalee, Fl. 34142 941.657-6131 (W) 941-657-3886 (H) Linda Salazar---856 Pine Ct., Immokalee, Fl, 34142 941-1I67-2800 (W) 941-658-2256 (H) Cecil HoweU---1201 Orchid Avenue, Jmmoklllce, FL 34142 1I60-0630 (cell) 941-657-3592 (H) Jim Mercer---4210 Metro Parkway Suite # 250, Ft. Myers, FI. 33916 633-4352 (cell) 941-275-4060 (W) 941-415-1612 (H) EVil Deyo---I020 SllnitlltiOIl Road, Jmmokalee, FI, 34142 941-658-3630 (W) 941-657-6894 (II) _ g~p /J7ehl..6 e~S - (;!-J ~ v<.- ~/Z- I Go..... ~ t.... N D,z. vJt#'1 ;:J/V/Ve, $~J::>.N 1'jJ.... f - ;3 I!>b 8ole1'h1TT'J P....+J..1 5 cA L~ B6'Ntv'] r2-1J4.tfL.LJ/VCj- ;(eN,v '1 B L t) t:.-I< e I'f- - CA~ 0 ~N B. L..011:~ - Horn.~ ~e./>"l;vc" t.)~1- - (!e.c,,(... ;,t'O we 60 - X"" rL-,. /h t! R, C e.Y<... Ev,q Vero 4 -<zo /~ Oh-.I4-~ EtJ~e.fl-~ Lo u,/(NeN /h-.,t..e. TA-'( /D~ gt.-6 (!JZllJ,"",v riA a....... ;:S,.....,;K.., P (tIl.,p___1 ,4 v/~~... ..,(7 D ~v 10 L-I+ Wl2.eIVC.<-' C/)/e>>7.1'tN IkGOuP-!,r"Vc; Et/~/flDes:. r~ ~"'HJo..Ie.. rL()/.-.Je~s j3 Lo c..t.!.e Je- ~/Z.-^' ,I vA. <e ':;ern '.N~/~ 7:e.6e ~I' ~ . 13 ; D ~~ms. , 1'1 ;.;? /-Arn-,. ~ ~.Al5'~C--1 .v~/e2) - .::z:-.)1-\ ~ . b-I h .; c.n.- q e LA/e.e.., ~ C&! l.-l.. e.vt. <1,. lIou'>'>V7 Au.:t'.(o",,.I7 ~ ~~I'<~...r aL.L7<'1Z~ (20 - {!otA_de ~ Ede"'-/,.Fl.(f;eS. - 7:ii/h A-k ,//JAnJ ~ EXHIBIT A - Immokalee Workshop IMMOKALEE CHAMBER OF COMMERCE "Where Worlds of Opportunity Begin" . . . . H.B. "Benny" Starling, Jr. Executive Director Phone: (941) 657-3237 Fax: (941) 657-5450 August 21, 2000 Barbara Berry Board of Commissioner Collier County Government 3301 East Tamiami Trail Naples, Florida 34104 Dear Commisioner: The Immokalee Chamber of Commerce Board of Directors voted unanimously in support of the following position regarding the Collier County Noise Ordinance: a. The current ordinancc is satisfactory for the community ofImmokalce b. Studies for noise should be done belween the dates of November I and December 31 We the Chamber of Commerce Board Members are very concerned that any change in the current policy will affect the renewed interest in the development ofImmokalee. En- closed is a current list of the Board Members of the ICOC. With respect to your committee ,we would like to request an overlay for the Western part of Collier County and allow the Eastern portion of the county to continue under the existing ordinance. It is with great concern now that our communily has a chance for potential growth and with the new Noise Ordinance for our community the Economy will come to a stand still. Thanking you for your urgent attention. Sincerely, ~ Benny Slarling Executive Director, ICOC 720 N. 15th Street Immokalee, FL 34142 ,/ ./ ,J / /. /. c/1 ".: , V I i",(' /;) 'J" , t/ C L( t~ <--':\ ' I \/ V,-, \ . ,', \ .....' \'i-/ /'/ , ----'.rA,..// (,--, <../ ~ 1'- ~. j j/ [., ' ~/'> \OG ,.' .'1 'C..,~,_ Co / ;71.~ ~ ( (~!.-_ L; (~_ 1'-...1. I I,A~~g; f) Ie -Tc'::lV'\ cr' 1 /" !' i Ii , , l/ \ ,~' \ \ ~-:~c_\.__ _~~ e-e c... l- I v \ C( L ii l ! . ! ' J F (' 1 ~\ r '... l)fU (' (\c.uV\ E::,- 'j -~,-;)-(-: r-i,- L_~)f , ( (~: .:..,' ;.~' [ .'~ '-C (Cl /~- J" ,-'/ ~ ~" ,/;- ,} '/,/~- ~;t:{/J-e:; --- <: ~ /'-:> -" ~ /\ ~ --... )\ ;fl01<115 (,/' fA rh~5~>v (--tAf') c.. .. __ -, /_ --~-.. ,~ __} (' I \lFl1 ; c{..t.t,? f") -;-', , _~' i, X / l; , / , / ., -.-, .,;', ~L-.f-/' L-- ./ V () CJ <.:>,--/, /'1 /j if ( c.v;-,;.,Y '-- ~.....-! \ ~ ! p,,\J ( \.('-' , i S~')~-J f' ! i 'I -~ i- ~-';- ',' .-f ~ -.' :..-;;;:. 7-j~ L [: i , /?' ;ll C/O; " it ,1.!--,'/- ' . 1-[ (rl-t:t: 1\ t LCfd f~} /'f,/'i/;;'j ,)/1 y~ J 5 !(i~) cI !i<-~ " '-..1, ' '/ Ii i ;i i \ /1 ,',- " ,-~.;, K I...!.;... ,";/\..^v:.:-'\,J ,.I _.L,_..-J...- " , ,/ (:",,-,-1 f'J' Q(-1 (2{ ~ e..\~ () f:' f ~vU', J ,] f(-;> ''S LI-7 rn Lcz-seH-\ ne 1._-:>'// : '{(),:;c 6- ?'l, /~/--<--- \~_.. /' ) I 1/ (':':Ul 'C--1/ ~ (: CC. ( / v" ./ c\ ,~1 i"\ C' - J' )le~.,-l , .~ '"") c-b'7t:"':r ---kftctnt , (17rl/tL (/ L / I 'L. "')'':: / t',,-' iL -~ ~ ,Uif,/r'i . ,,--,1' ' ,..1/ ./p?7 ~ ,r".' ./ <?,,-' /~ /_X1~<:;"7rc i\ l~~ .", ...; C f ,.,/ <; L 1 , . < / / / / ~/ ,--) . :' _~.' uj<:<!(?S I" / -'"- "'-., ~- I -----------., 'f'" I.lt .-J-"1 ~ I' 'I t...-- 1'--- ...~ [ l._ '-- 1~/ .)..i Dc < i-11_"~~_. / , (- ,/1' -v Y~~r ( '/,:.__~~r~, '....... /1'/ \ f!"~),,, o/'<A.lff ) eCf " / , ' "- .. Immokalee Chamber of Commerce Directors 2000 - 2001 Executive Director: H.B. "Benny" Starling, Jr. 720 N. 15tb. Street Immokalee, FI. 34142 Phone: 941-657-5102 Fax: 941-657-5450 Secretary: Dennis Kenkil (2001) P.O. Box 3600 Immokalee, FI. 34143 Work Phone: 941-657-3330 Cell: 941-641-2142 President: Sonya Tuten (2003) Ag- Tronix P.O,Box 5241 Immokalee, Fl. 34143 Phone: 941-657-5519 Fax: 941-658-2474 Fred Thomas (2001) Collier Co. Housing Auth. 1800 Farm Workers Way Immokalee, FI. 34142 Phone: 941-657-3649 Fax: 941-657-7232 Vice President: Ski Olesky (2002) Lake Traford Marina 6001 Lake Trafford Rd. Immokalee, FI. 34142 Phone: 941-657-2401 Fax: 941-657-2401' Raymond Holland (2001) Florida Community Bank P.O. Box 5325 Immokalee, FI. 34143 Phone: 941-657-3171 Fax: 941-657-8482 Treasurer: Patty Swilley (2001) Everglades Farms P.O.Box 5101 Immokalee, FI. 34143 Phone: 941-657-3156 Fax: 941-657-6225 Gene Hearn (2002) Peppers Ranch 6315 Pepper Ranch Immokalee, FI. 34142 Phone: 941-657-6517 Fax: 941-657-6517 Homer Betancourt, Jr. (2003) Balgas 525 E. Main Street Immokalee, FI. 34142 Phone:941-657-3752 Fax: Tony Sanchez (2003 Seminole Indian Casino P.O. Box 869 Immokalee, FI. 34143 Phone: 941-658-1313 Fax: 941-658-1515 Bill O'Quinn (2002) Tomato Man P.O. Box 3266 Immokalee, FI. 34143 Phone: 941-657-5275 Fax: 941-657-6741 Everette Loukonen (2001) Baron Collier 1320 N. 15th. Street Immokalee, FI. 34142 Phone: 941-658-6060 Fax: 941-657-2337 Robert Asbel, Jr. (2001) Collier Co. Sheriff's Office 101 South 1st. Street Immokalee, Fl. 34142 Phone: 941-657-6168 Fax: 941-657-5708 Pete Salazar (2003) Salazar Welding 856 Pine Street Immokalee, FI. 34142 Phone: 941-657-2325 Fax: 941-658-2513 Bob Coleman (2003) Coleman Accounting 1400 N. 15th. St. Suite A Immokalee, FI. 34142 Phone: 941-657-3644 Fax: 941-657-3804 Anne Goodnight (2003) David Lawrence P.O. Box 5396 Immokalee, FI. 34143 Phone: 941-657-3356 Fax: 941-657-6616 "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras firmas unemos nuestra voz para excijir que el Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou Immokalee kouvri pa menm lwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a ki ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ba." Signature Firma A!~~ /~ Q~ ~ Pvl.9.FQ ~h RM.e' &c:::- .~ <.1 ~,tlrul[ Print Name and Address _ Escribe Nombre.L!>ireccion . gc/.M-.z'.2> /1/06-4 J /7/2- tV. /!k"'-'ka..o<oel Rei' ~c~ E!iZClt:et.h ~Q. C\1I --.M.o.d Is 0 n ALe- J I mm Dto.le.e.. , ~ L- \~Dlure.S 7Q\i?" rv. Cj-tt,. S~ r'-D ~GIJa. f\lOG"PrJ' 131"2.. 'v\J:__t\J~ rY\ ~ET RI:l-,-~ 1M() t:~ l-l:c; 2 21:2'1 .siAI<: I?d...d g 2.. ./rnmcRA/c <: .r~ J. w..'""S>Lf!.4ft"t.1-f 0, Be>"'- lI.rt -r;:...,rl"lo.f:;t:I{",e /...-r. JV/~..f Q~___..L9L~~__34~__ "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protecl us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras firmas unemos nuestra voz para excijir que el Condado de Collier inclue a Immokalce con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla eI ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou Immokalee kouvri pa menm Iwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont Iwop bri nan komi note a ki ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou lankou yon klas moun ki pi ba." Print Name and Address Escribe Nombre y Direccion 1101 >{l, AVe-- / )J.,f1v.. -LV\.<~ok.h~ ,-tL. ::? if/ 'f:J.. f6 i3'E bo?' Jc",~'k.Af.a ;;/, .3 I.{ I '13 po ..6~ If; 9(, :;--""AOK4)" PI. :].Lt/llJ eo.Bot {,03 Jff//Yl6k4/ee ;::-1. 31;1'/3 --~~_,_~~_,____,___<",'.'k'._'________"__,",,,_ "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras firmas unemos nuestra voz para excijir que eI Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como eI proposito de expansion de la ruda de carreras. "Nou menm lei siyen la vIe pou Immokalee kouvri pa menm Iwa sou bri nan kominote a lei pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a lei ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa lei pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ban Signature }<'irma Print Name and Address Escribe Nombre Direccion '-'" Elrc/a. '€rr"frtL 1(7 dMJ[~ ~~ --10 r Ie-/! u ~ (, Y K r6L- I, t. Iv; U. C 7d3 0; I~ C-/. J731 Mllo/I.J C /k/11 "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment Con nuestras finnas unemos nuestra voz para excijir que el Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vIe pou Immokalee kouvri pa menm Iwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwotcje nou kont twop bri nan kominote a ki ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm lwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ba." Signature Firma GC'ej V ,-U ~e.<\. G-a.rz. ~ r;fj'd CiMnm MQI~ssq 6ar~ D cl'a rJ 6 t{l 2S Print Name and Address Escribe Nombre Direccion I 3B f-Q.rrY\'Nb~ 'vvo.--y Gt..-e:q Vi llDn u e.ovo--- ~qo~ ~ CM~1 i<o{, 907 ~;:P/i1S .err. .""') C( 6~ --I-iFy)f\ ~ /er-' YD, . \V\.c..R.~QC S\- . M.\C-h'CA lG Vo-- r- G..- "; 4bi c.. l\I\.c. 8tCLC..lc <;:1-- , ..Jo~ A IlQOZ- C-h...-i<;:c,+io..n \-e i-Tcv:::..e... c;FiDCO C~vr 'QJ J 5100 J "EQUAL RIGHTS" We the undersigned wish lmmokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras firmas unemos nuestra voz para excijir que cI Condado de Collier inclue a lmmokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou Immokalee kouvri pa merun Iwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominole a ki ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen merun Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ban Signature Firma Print Name and Address Escribe Nombre y Direccion '1<;+.. 5ra'jrlo 14 17 BID ; / lie "If i-oC/ 3<11 C1B' "it/, . 6 '~ I fJJ~ fl11l11ld:Q/~ ,1( :]t//r2- C/ ON'\J 7/Z 4(1 Y cf<:]/.C;~I( 0 >zrSV )f LE ,J}(}f-f.t.~ FLJ i I( l & --n-L ~ Q c: c) 71 7\..11 ( / "( I - C U'71 C V J)a.,~.....~rGo.. L\..tce.. "'5A N. 'if\.. Sf. , (0.. it- Ve.rl)nr([~, 14e(nQo 7310 Fr I e(k:t~~ p LN. e, ,.3 J~CL- V1 1.1 e.... ..s A c-rt s '15.>- ;50'! <l.'~ (J,u- i..~T tv Q (e", Ft. ~ '+ f cJ ~ ;;;'0? ~ ,i. -1'PJ,J OJ//..1. ..,..~ v,F /rJ1/J1 ~~,dk~ ^ .3 7/ v~ dqa., I'cp&if ,,0- J p,; 8t!/ ,/7.<' (. -J...--rzc (100 G loci /0 h z,. .r mr> /:OIN-'..; -:; L 34 IL!-2. ad)'; fbYJ71 a, tV Yn.>>ooi4 CA-iGfO"5 4vrl6S J;d:nt:'f!.Q.)S:.f>.-feE 1 pi 3cj/1(?- ...;'f'/'/ ;J-- "EQUAL RIGHTS" We the undersigned wish lmmokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment Con nuestras firmas unemos nuestra voz para excijir que el Condado de Collier inclue a lmmokalee con la misma protecion que se Ie ofrece alas otras comrnunidades del mismo condado. Bajo de la ordenansa que requla eI ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou lmmokalee kouvri pa menm lwa sou bri nan komi note a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a ki ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ba." Signature Firma Print Name and Address Escribe Nombre y Direccion LIARI.?TI\:' GAR.u~ 9CQ \P\" \...()l2- Ie g..R.f\c....~ \(y\Y'NJ~""T l No r l'0,\ c.cn,q'o '> h:.<... 7> ~ .f /'II J} V[ A l.-\ "-I n 1f:\lBRI/fO ~\ €'. L0",o.\l!c 01 fl. v'Nnd.el. \ LUc. (" eel/) / (c;/ f) d. ~~a~ EG ~ J< D. .Jim moGUL h s I 10 80V / 'I 2.s;-- 130Y -.L I--!.. ;,YN ./ Z ILwtnMl..1 rw t<J . t1l ~ \ 0 VI, H f i1...d r ;> C( (J{rn1o tf' l<- 7, J'I/ 'f z- Cllo CQ ~~ M~W <--('0., '<'" \"Y'-o\( G. \. (, 0 ,~ !YO. <Xh-ZJl.oG . ~~("Y'..6~, 'f;: 3o./l(2. "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras firmas unemos nuestra voz para excijir que el Condado de Collier inclue a Immokalee con la rnisma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vIe pou Immokalee kouvri pa menm Iwa sou bri nan komi note a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a ki ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka Irete nou tankou yon klas moun ki pi ba" , -iJr;;/{)J .A/ fllltA/~l'_lL(J . 0. 31ll ---rrr7r7J() '(f (.( Fe ~lf-L . - "{O\C"."f\M,' ('0"" ~'(<:<s, T mDLCQ.J.Q, C\CCJf\~ S-cSO 10_ lC\~S.+ iVz",' .VI' . I Signature Firma \~,L2u.fud..Mi .~ y U:hsV-L ~ CrjjWof\vA<' \ 5-e \~b\C\.\\ Print Name and Address Escribe Nombre y Direccion "l."l-i . ~u.r""<'L . \dCJ-.\ N. \~ 'St. r~\ulu. I ---=1-\ ~C(14 &mtlrfl- fJ &l-r:<-<A-- Illi. f orG 7F I2IZ. I 111/11 () kJJI t;h I ~/ 3'-1 1 y (.JJBfil'-7-G~H J.-e_ C{0i) -r rLlf:V7 /h\(Yl.I:(A(I, 3-I/Lf2 se,t.." ~ .s-..- rl+, Iftla>~~ Qp. 11h1Y\6lJst( TI 3'1I'i'Y SVlA/IA tnEIUCD?JJ I2(Y1 tJ. Iz+h >.1. t mmd hill .-:t- 34 t '..{ , Thfr,CJ'/O} fYY2..nd.i>-LCj 1.}aI U. +h Sf m~ \I \ CIO e... FT \:-\-'i.12.12.-t (2.A.. 0'> PnY\ I thfY'ook.d.u (1\lA3l2:-('..T 0uD5L I ~ tJ. (~s-t ItrmoU1LfG( -::rl 'SYll.f'd-- )40 q '-'""J4 jY"'- ~-tnd~"'(>$ oA p/q ~Yft.l ~ (rYln "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras firmas unemos nueslra voz para excijir que el Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. ~ "Nou menm ki siyen la vie pou Immokalee kouvri pa menm Iwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a ki ka soti nana bagay lankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ban Signature Firma Print Name and Address Escribe Nombre Direccion Ts (CUll VlV;' 'I Xv:~ S-S-n J.J. \C\.t....~'5~ i:t I Trntllo[p, 0 Qo. If., ,"1 S'l) ^,. q'~ 5+.- ~6;:1 R. 3 YV.li\:.tVN1.. J '"mCrv"\lrQ ~i)\\od.cffl h0c) ~ It/aU . \ Cj ~S~ -qh;l) rv .Ll1\A.. ~3 'f( (f C rd(?Z/ Lo~ 1J5 c4. ~. () 'bO'f:- 'Tt3l['-:--~ {f\()")(.q (~:t :::tl a.. 8ct l ~ 3 ) . . "EQUAL RiGHTS" W," tilt Ulldersigned wish lmmokalee to be coven:u t)' the same proposed noise ordmance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras tinnas unemos nuestra voz para excijir que el Condado de Collier inclue a lmmokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vIe pou lrnmokalee kouvri pa menm Iwa sou bri nan komi note a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a ki ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ba." Signature Firma ~~ ~yqei L~ Yt llaxrecl ;:ENO ~ LLEt- L~ \ ',\.1\",- 1--0 ~ Ve.dm ~L r"I\-~C\ LD~ \V\.~\ \~'<., 12-~M ('~ _~ .- Print Name and Address Escribe Nombre y Direccion ~'DI "\\. rl[1V ou,\c."-\c~ \;\ ~'-\l\.{l... 10.2/ IN tJLV d €i"- LJ/t - Th-thA..ekJJ~L ( F01-/4- \'l .. ,urQ..<:-<- <---I\-\. Mb6kz <{( ~~ ;;S).. \\ \ \ ""' L~<... ~ --6 '{\J ::,"-{L'tt. Jt~O>>L ll-A (I(L Cn..oG.-L SI- lafv. (J; \I \ 2. El\r\~S~L'Ac,cC)\ r-L. "EQvaVRIGHTS" We the undersigl,ed wish lmmokalee to -!re covered by the same proposed noise ordinance as the rest of Collier County. . This will protect liS from sources of excessive noise such as the proposed racetrack expansion, thereby providing liS with eqllal not second-class treatment Con nuestras firmas unemos nuestra voz para excijir que el Condado de Collier inclue a lmmokalee con la misma protecion qlle se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm lei siyen la vie pou lmmokalee kouvri pa menm Iwa SOli bri nan kominote a lei pwopoze pOll res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan komi note a lei ka soli nana bagay tankoll gwo kOlls machin ki pwopoze nan zon nan. Konsa, si nou gen meum Iwa lei pwopoze pOll res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ba." J~ }~~~~ ) ----- ~. J PcJCAcL6 S ( ~ \' \) 'VllU.U'-- '""b Print Name and Address Escribe Nombrey Direecion /3/0 ~f s:r ~ s {7 C,''("d~ JJtw/_ kG. y-f-/tlk<. - ro":sc <""-- LfZ&.SL,'.J.flc..Gec.. ue ~-:t:" ~~'-I f.:)n';C"C'L0V. ih ~.sL'ff~ Lee.. (je 0+. E v A C."'i0.p...L <, p, () . i.!Jo X 7~3 ~~ ",^--"l".s" A,y:cl"1. '{ <)<.; M Oh'lO C' S.l- ~68 ~~~~ Ave \.<LI. ~ j:::f::Jt Me 10 s on -\<L~{-S'J^- C'v.c u "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment Con nuestras firmas unemos nuestra voz para excijir que el Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como eI proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou Immokalee kouvri pa menm lwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan komi note a ki ka soti nana bagay lankoLl gwo kOLls machin ki pwopoze nan zon nan. Konsa, si nou gen meum Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ban Print Name and Address Escribe Nombre y Direccion Avl ~ ~,VV\ e/~'" ~ '5 'fAt ov.<., {e;s S llll y ( 3~ Ul~o V1~. M-----~~Aws,Jf ,33Q5((J 7 {<:-- .':)<--Y 10l"~ C1 ~].'n',Vl de 3<;rf3, Signature Firma &9 n; /0~j ~<<d krne I\vl\eS . 3i/Jl/ MI1'6A%'! ~r+ Nuf/-mi 0"( "3 '/1)-0 7~/~ /r7e/!..e.,re:d.-/f" i<J~~//'( S'f/;~ , 51'iZA ;JcL5.C...J 301P I\J ..., 01~ C 1- ^""' "- IO'tz p~ 0,-. A'twn.o t--~ rc: ~{I({z / 70." I iV\ ,'cf" t' 7" /fj'o7 ((obeds Ave, I'"'7/11okC((eL C /Y11'~ c/O;) l-l) /'r10.... ,.J tl.'ef~ Cud; /r/zrUlU~ J1 ~ '/ 2.<{ D ~/< flU jT'o; ;I > " nri;., t:L 3'IIU.- 7/3 N: Q#c 0+. . .L(lf)"1ok.Q.\e~ I4..L .34If'J- '~FQUAL RIGHTS" We the undersigned wish Imln"l<di(,e 1:1 be covered by Ihe same proposed noi,e ordinance as the rest of Co!iler Couiliy_ This will protect us from sources of excessive noise such as the proposed racetr:.ck expansion, thereby providing us with equal not second-class \reatment. Con nuestras finnas unemos nuestra voz para excijir que eI Condado de Collier indue a Immokalee con la misma protecion qlle se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que reqllla el ruido. Esta orden nos va protejer de ruido excesivo como eI proposito de expansion de la ruda de carreras. "NOli menm ki siyen la vie pou Immokalee kouvri pa merun Iwa sou bri nan kominote a ki pwopoze pOll res 'Collier COllnty'. Lwa sa a pral pwoteje nou kont twop bri nan komi note a ki ka soti nana bagay tankoll gwo kOlls machin ki pwopoze nan zon nan. Konsa, si nOli gen menm Iwa ki pwopoze pOll res 'Collier COllnty', yo p'ap ka trete nou tankOll yon klas mOlln ki pi ba" Signature Firma Print Name and Address Escribe Nombre y Direccion f1zJ , ~ ~_I0P70 "EQUAL RIGHTS" We the undersigned wish lmmokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras firmas unemos nuestra voz para excijir que el Condado de Collier inclue a lmmokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla eI mido. Esta orden nos va protejer de mido excesivo como el proposito de expansion de la mda de carreras. "Nou menm ki siyen la vie pou lmmokalee kouvri pa menm Iwa sou bri nan komi note a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan komi note a ki ka soli nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ban Signature Firma Print Name and Address Escri~e Nombre y Direccion S.e.~1 '31-1'nre.l'--'<--S-. .;5 OA/tL Se:/v & Mo'R 0 ~T/YI/"M, .f/ ]e(1"{ :221 ~ Lj ( Sf- f2cO I/Jif; 'L e5 SoF/f9 RoSAS G37 ~l1l1tf LI1NE. .z::.n7lY/oK/J{~p ;:-L tG (O( CQ(QS 5-,,- J (jS€t-:J, 'YO'! ('t)[crODlo I-Wn/AR npt "'~5 Jmmo!1o.llo I~OncJ-7),j 29:(r?Cf.J 707 (J () ncu f 4/-5 /1)0 M ~fL \ (.. H .J::,I'--LE"i I'S 'b I.S .; A C9--- Co-u.."..; ::r~A~ f I?QL~ ( ~ .2/0 AI 8 1/ ST fo 4.x .. / ., I, ft./ ~ ~ t. N~,(.I bt>?.& 12DC. )I:J::FE RS{),(J, fJ vE 'l.{)..l').f/-{,?!r1 luR.) ~ "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County. Tlus will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras firmas unemos nuestra voz para excijir que cI Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla cI ruido Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vIe pou Immokalee kouvri pa menm Iwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan komi note a ki ka soti nana bagay lankou gwo kous mac/un ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ba." Signature Finna Print Name and Address Escribe _Nombre Y..Qireccion Jtdr.c:.l(\Q J'v\e.z:-G..- a.-t::1.~ A l1e ~q<i...->t:i{:\... q\...L-;lIlflU.uc; b3-Lf LuQS);,?7Jo/J Ave:. tv\o--\-mCl.- qL...\'V\D.-t-iZ-<-:L- ,) ~ r o-r fJ-.x i'{o.-Y', u f-I e z iT 9()1 ~ fLur. RC,SQ Ll d ~ s. /S Ma rS(j" flu Me zp- '1 p IX l.cy)s::;::> 0 Avo!- IJ.M IM_Ko <.e FL " \' If I' t' " " l' H vG " " h " (l " " '7..ND r- +- F~-'" Oe ~(Y-<-L~e Ii o? k..", cl; <,s.c- ~ sA",,~ \- ME.p~ I J)I~() c bou~ {=.)..=,(~""-- Q~~ ~~- "EQUAL RIGHTS" We the undersigned wish lmmokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras finnas unemos nuestra voz para excijir que el Condado de Collier inclue a lmmokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou lmmokalee kouvri pa menm Iwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a ki ka soti nana bagay lankou gwo kous rnachin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ba." Signature Firma \\ I/'\~ Print Name and Address Escribe Nombre y Direccion 1",7 &>1/1 Itv~ CHe(" M .~ l V [ R A S,.u..c f:{ ;, 'I f<I d .. /J- ~. 6''(;0 C\;(2~J\ Rd --) , i'J 0.-"'( \' <; '." -:-"\V\. \VI.- FI 5'-' ~ e..J~ 3o-:Jfl t~ 4;]-'; ~fs.f. l' f 1--\,.....;,.. k lee G0I2A 3/3 ~ c.,is/;nev (JRl-leles 30q It'.. ~\,rdO- t..at'i2Ldez.... t YJf fi;Lvo -~~1 "- :? I .'~ IO/!:::, 0-,.<.. ~,. .t'L >7/ .:2- I "EQUAL RIGHTS" We the undersigned wish lmmokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment Con nuestras finnas unemos nuestra voz para excijir que el Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou Immokalee kouvri pa menm lwa sou bri nan komi note a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a ki ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou lankou yon k1as moun ki pi ba." Signature Finna d-~ ~-- ez3~ L Print Name and Address Escribe Nombre y Direccion .P.O. [lOx 603 -'- """/YW kula::- fL 7, -"I P-f Cf2cr;, kr,zt.::' ,) ;)/.s:~ F W. ,"-1~I.-....J )~ /A--'-.dtco1.uZ<Z. r:c "]41'-(2- , , C'{o7, ~ UJ '](',( yV ('de" f\ 6~ /rn,,",-o~cc\ Q, ~~ /4J,c4.J /tftg'~) 5AIJ ~ 2~ 9 0, ;J-,4, N S-l[ rase Ca-s /0 I fe r:J!rtJ Lopez ~ --T .I-f/.De IrA A " o 01<,0 II po '1' 0 PD, 30 X !{'1t7 I{ "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras finnas unemos nuestra voz para excijir que el Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vIe pou Immokalee kouvri pa menm lwa sou bri nan komi note a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan komi note a ki ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ban Print Name and Address Escribe Nomb~ireccion jpoz / dot2 Sel! ('R_ ;:;y g Clj &.n/ e- t"l1. F;:: 5/1 NEW M~~<U asJ. ff'1 T'"'HOKA - 5' { Neu\ Mo.d:<tt P..d-,-# 1 r:~M()I<I\lE..f . 7/3 re. 3'/('1'3 c ( 24 JI7?Nak; PI. :1 YS""-s: ejc. " C~G" ~Q ;i;l2/5f [/ (' ~~G'P~') L RIGHTS" '\,.1 <.. .J-,"",_ _ _ We the undersigned wish lmlnvlcdi(;e 10 be covered by the same proposed noi,e ordinance as the resl of Co!her Coui!ly. Tlus will protect us from sourc<::s of excessive noise such as the proposed racetr~ck expansion, thereby providing us with equal nol second-class treatment. Con nuestras finnas unemos nuestra voz para excijir que el Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla eI ruido. Esta orden nos va prolejer de ruido excesivo como eI proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou lmmokalee kouvri pa menm Iwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou konl twop bri nan kominote a lei ka soti nana bagay tankou gwo kous machin lei pwopoze nan zon nan. Konsa, si nou gen menm Iwa lei pwopoze pou res 'Collier County', yo p'ap ka lrete nou lankou yon kJas moun lei pi ba." Signature Firma Print Name and Address Escribe Nombre Direccion ----- //-y1 So hJ "EQUAL RIGHTS" We the undersigned wish Immokalee 10 be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras finnas unemos nuestra voz para excijir que el Condado de Collier inclue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou Immokalee kouvri pa menm Iwa sou bri nan kominote a lei pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a lei ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa lei pwopoze pou res 'Collier County', yo p'ap ka trete nou lankou yon k1as moun lei pi ba." Signature Firma Print Name and Address Escribe Nombre y Direccion ARdt tv'Iorq./\D ('J. {iN( ;;1;2S'-, T.....w."~.::-(Q~ ~ '-11,13 . vet? ~.:r-c:>~..... - fo ~".. 4o~<..'--~e.1<- 3'1N.3 "EQUAL RIGHTS" We the undersigned wish Immokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as Ihe proposed racetrack expansion, thereby providing us with equal not second-class treatment Con nuestras firmas unemos nuestra voz para excijir que el Condado de Collier indue a Immokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla eI ruido. Esta orden nos va protejer de ruido excesivo como eI proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vIe pou Immokalee kouvri pa menm Iwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan komi note a ki ka soti nana bagay lankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ban Signature J<'irma Print Name and Address Escribe Nombre y Direccion Je-y; J. \ \~""'-o -,=c\ "EQUAL RIGHTS" We the undersigned wish lmmokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras finnas unemos nuestra voz para excijir que el Condado de Collier inclue a lmmokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm ki siyen la vie pou Immokalee kouvri pa menm Iwa sou bri nan kominote a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan komi note a ki ka soli nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa ki pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ba." Signature Firma Print Name and Address Escribe Nombre Direccion /Ik :y;~ t:ldr:Sc:J,u Ite Jm/lfo ~ t ~\[; /006 ~..Q..... n ::l",,~l.o'e -=,L (LA de( ~ 3-,/1 1/3 "EQUAL RIGHTS" We the undersigned wish lmmokalee to be covered by the same proposed noise ordinance as the rest of Collier County. This will protect us from sources of excessive noise such as the proposed racetrack expansion, thereby providing us with equal not second-class treatment. Con nuestras firmas unemos nuestra voz para excijir que el Condado de Collier inclue a lmmokalee con la misma protecion que se Ie ofrece alas otras communidades del mismo condado. Bajo de la ordenansa que requla el ruido. Esta orden nos va protejer de ruido excesivo como el proposito de expansion de la ruda de carreras. "Nou menm k:i siyen la vie pou Immokalee kouvri pa menm Iwa sou bri nan komi note a ki pwopoze pou res 'Collier County'. Lwa sa a pral pwoteje nou kont twop bri nan kominote a k:i ka soti nana bagay tankou gwo kous machin ki pwopoze nan zon nan. Konsa, si nou gen menm Iwa k:i pwopoze pou res 'Collier County', yo p'ap ka trete nou tankou yon klas moun ki pi ban Signature Firma Print Name and Address Escribe Nombre Direccion l: LEHIYO!'i:' F'rt"/lNKG' ra8Ic",G ,~c:J2( IV 11 ci- ':5f_ :Um7u,h./~.e?PL Lon/~inc Soukv.p \28"' /1/ /9~" sc Jrnr?7ok;; lee ;: l.(Y1,' Ie (Y\iLc 0-" n O-vY,:V1 , " t'] 1\) I Cj -.5 -i-/J rnu/( 3""';" 1'-10<' ~rChn\J' \<601 L c i ',{_ t ~ (~._j__~ , . ... .J.--'i-~: ( ~:.:. ;7 ' , ' 1'\ !~~ Lt.' '1 \ L,",~ ;.""'_ , i<--- '.l}t' . l' " qQ;l' IV! IjC;,4 (J T/L . {,o b If CJ r3Ef.'1S Aut' ,17t~ WL0 r;f1--{ICG;J:t:~ -1.....0,." J::L ' (J ;/ 3'11c.j-3 II ". i,J./:( ( - l ii' ,-) .) / V j I ';'V'\'\,( ,'/ / i' ~ -i " r C .><:.~_"-- ~- c' i \ ;; ~ i~-L / ,. I, t, ~ ..' -'.... r-i/" MEAC MIDWEST ENVIRONMENTAL ASSISTANCE CENTER 435 SE 13TI-I /J.Vf CAPE CORAL. Fl 33990 941-573.6899 Colli'lr County Government Community Development & Environmental Div. 2800 Horseshoe Drive Naples, Florida 34104 August 29, 2000 Attention: Michelle Edwards Arnold Director. Code Enforcement Dear Ms Arnold; SUBJECT: MEAC Final Report 00 -17 - Background Noise Study of the Immokalee Area for Collier County Code Enforcement Division, Collier County. Naples. Florida. 1. Introduction The Midwest Environmental Assistance Center is pleased to submit the final report for performance of subject consulting services. The report is based on the noise measurements made In Immokalee and compared to the findings reported for the noise analysis conducted for the Coastal portion of the County. The Board of County Commissioners recognized the importance of conducting a nOise a~alysis of the Immokalee area and directed staff to complete the noise study. In our efforts 10 analyze the background noise of the community of Immokalee the economic and resld'!ntial character of the area was taken into consideration Immokalee's industry is largely agricultural. with ifs many packing plants located loward the eastern boundaries of the community Most of the commercial establishments are located along the major corridors (1" Street. Main Streel, SR 29, Lake Trafford Road and New Market Road) and are predominantly retail in character. The residential areas consist of mixed densities including mobile homes and single family dwellings Another consideration taken was the seasonality of the industry. We were advised that peak operations for the growing season occurred from September through January. Additionally, the packing plant activity reduces during the months of February through May and stops operating from June through A'Jgust. With such a variation in the industrial season it is strongly reccommended that another survey of background noise be conducted during the peak season to determine if there is a significant difference between the peak season and the season when the packing plants are shut down, which is when this noise survey was conducted. The noise ordinance is designed to protect the citizens, regardless of the season. Some difficult questions that have to be answered are: 1) Whether the noise levels should be established based on the peak season or a desired level within the community: 2) Should the Immokalee Community have separate and distinguished standards from the Coastal Community: or 3) Should different noise standards be set in place for each growing season? The answers to these questions may be difficult considering the data available to date. The survey conducted in the community was completed during the off-season June through August when the packing p:ants are shut down for repairs. The noise levels established for the area were well below the reduced levels being proposed in the Noise Ordinance. In order to establish a reasonable standard for the community. additional data would be required as previously recommended Based on comments and discussions with citizens in attendence at the workshops, the noise levels during the slow season (February through May) may not increase substantially from the levels registered during the current survey. However, during the peak season when hundreds of semi-trucks (with refngeration units) are driving through the community and parked wilh engines idling overnight. the background noise may increased substantially for those residential areas in close proximity to the packing plants. Again. the need for additional nOise data is indicated Z. Field Measurements The field measurements were completed on August 11'" and 12'h. 2000 at four preselected locations which provided an excellent sampling of background noise throughout the Immokalee area (See Figure 1). The measurement sites extended from the airport border to the furthest northwestern region of Immokalee to assure that any unique or unusual noise sources that operated in each area would become a part of the survey. All measurement locations bordered residential areas. Equipment - The equipment used for the noise survey was a Bruel and Kjaer Sound Level Meter Model 2204 and Octave Band Analyzer Model 1613. The measurement system was calibrated prior to and after each measurement session to assure accuracy. Measurement locations - Since the survey was limited to four locations due to the time required to travel from one location to another. the measurement locations were selected to provide representation of the background noise throughout Immokalee. with three measurement points triangulated around Main Street and the last location away from the downtown area (Trafford Lake area). The following are the selected sites' Site 1 - Firehouse on New Market Road - This location provided a wide mix in a community environment. The site was bordered on two sides by the Immokalee Airport (not a single take-off or landing occurred during the noise measurements), adjacent to a large packing plant (not operating) and across the street from a residential trailer park. Site 2 - Our lady of Guadalupe Catholic Church (Ninth St. and Colorado St.) - The Church '!Jas in the midst of a residential community with a trailer park and single family dwelling surrounding the area Site 3 - Habitat for Humanity (Ninth St. and Glades) - A site similar to Sile 2, with single family dwellings in all directions. Site 4 - Trafford lake Baptist Church (Carson Road) - The area surrounding the Church included a pumping station to the south. residential single family dwellings to the north and a large undeveloped parcel of land to the east (future Harvest for Humanity residential area) Time of day - The time of day selected for each measurement was based on the data collected from the earlier noise survey in Collier County. The noise trends over a 24 hour penod vary due to activity. with the noisiest periods occurring during morning traffic conditions and late afternoon traffic conditions. The quietest periods are during the late evening and early morning hours. Based on the data from the previous survey. five time periods were selected for the Immokalee noise survey. These were: 8:00 am to 9:30 am 11:00 am to 12:30 noon 2 5:00 pm to 6:30 pm 1000 pm to 1130 pm 2:00 am to 3:30am 3. Field Data The noise data has been tabulated in three forms. The first. to indicate the Octave Band Noise Levels al each of the measurement sites (Tables 1 through 5) for each time period. The second, a Table to provide a comparison of dBA levels measured at four Immokalee positions with the various Collier County Noise Ordinance equivalent A-weighted limits (Octave Band equivalences: See Table 6) The first series (Tables 1 through 5) indicate that at no point in Immokalee did the noise level exceed the proposed New Collier County Noise Ordinance when measured in Octave bands. Further. the second series provides a very clear comparison of the dBA noise levels measured In Immokalee to the Proposed \2W Collier County Noise Ordinance and at no localion or time of day did the noise levels exceed the Ordinance for either daytime or nighttime noise limits Last, in Figures 2 through 6 presents the 24 data collected in the coastal area of Collier County. The data measured in Immokalee is plotted against the 24 hour data measured and shown in Figure 2 to provide a comparison of the two different areas. The data clearly indicates that at all 5 times of day when the Immokalee noise study was conducted, the background nOise was equal to or less than the proposed New Collier County Ordinance. In conclusion, for the summer months the background noise levels are equal to or lower than the noise levels measured in the coastal area of Collier County. Again. as mentioned earlier, these noise levels may change when the harvesting season is in full operation. 4. Public Meetings Collier County Code Enforcement planned and held three workshops to provide the citizens of Collier County with a forum to discuss the New Noise Ordinance. The meetings were held on July 19, 2000, August 21, 2000 (in Immokalee) and a final meeting on Augusl23, 2000 (Administration Building) A representative from MEAC participated at each of the meetings. The meetings provided useful and constructive comments from all factions regarding a new noise ordinance for Collier County. A major misconception by the citizens was that the noise study was directed to noise controls for the airport and the drag strip in Immokalee. Neither of these sources were a consideration in the background noise study. Any questions or comments concerning the contents of the above may be directed to the allention of the undersigned at the address given or by phone at (941) 573-6899. Respectfully submitted, Casey Caccavari Manager and Principal Consultant MEAC - South Florida Office Midwest Environmental Assistance Center - MEAC 435 SE 13th Avenue Cape Coral, Florida 33990 3 """ '-- , I , I ,I" . I I i j 'p :'.lP"" lIrW ;~;;",', ~:~": \ . ;( I., I r~:'f W' UI ..J .... '" '" .~ ... .~ '" ~ ,,4- ~e: "1U" i I '~,' ,1 I i"1l ~'I 4~:;il ~ 4:, 'r:"i .';t I' h~ " , ~;';',w.:",,: ~Ji '~ w W -l -.. -< " :.c: o " .:!l ':f .... '" .S! - .~ '" '" Q., '" C ~, ..g if .- ~} ~ i1 Q., ~~ : ~\~ " , V I "" ""1" '"'y"- ,~ ~ . f ' ',' ' _' \ii,".. l ._._;~ ,..... '10 '..._.' ,I: !,'~ .'~!'~i:,,',-,l,;'V', ~' :I~ ;.' .. " .jd'\t \ .. ;', '. ,-.l 'j "." ''.;,'~~,i\',~" i""kln" '~,1J",' ;""~ ,~. I, , '1', ", 1~1 " 'I \ ,;'l! ~ ',;. i: ..... ,,,,.,_~\.. M , .lt~F-= I,i il;~ii," /~Ie',:-' ~ _ 't'" 'Ill:" - I' .., ~""' 'yp',,'1:,}J ~ , ...,.n 'J' ('1t I,.. :':;;:Gf~ I~, ,,. .. y" 3 ~ 1 I ~w ,\, ~ 1 ,,' " i _----\-.. L\ ). ~ ': ;- {, --:'\, ..~- - .:'U I l.- ~".~ .... 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'" '" :;l ... o ... m '" on on Ii! ... ., N '" ~ '" ;-l m ... ~ I~ o ... :g c: o 'P 'in o -If ... on "0 <11 o oc a; ~- ::> '" Cii ::;; "0 '" l I~ o ~- ::> o .c ~ u:: ~ --r- - I .c ~ ::> .c Ll '" III 4> -'" ~ '" -'-..e ----.l "0 _ 1? ..:'l J!l 0 :0 16 '" ~ :I: I- , ~ ::> o N 'c: ~ in 10 1Cl. J I I Ii .c o ~ ::> .c (), '2 '" E ::> J: - "' '" '" c: o '" in o Q. ... c o '" 'in o Cl. Date: June 13, 2000 To: Collier County Commissioners From: David P Klaiber, Certified Safety Professional, Retired 12658 Glen Hollow Drive Bonita Springs, FL 34135 (941) 498-8126 Subject: Proposed Sound Ordinance Revisions My name is David Klaiber and I lived in Landmark Naples, located off of Old 41, which was one of the communities affected by the noise produced by Krehling Industries. I currently live at 12658 Glen Hollow Drive, Bonita Springs, FL 34135. I am a retired certified safety professional (certificate #5617). I was an aviation physiologist for four years in the USAF and spent 30 years in the occupational safety, health and environment field for a major steel company. During those years I was involved in analyzing and abating noise pollution, as well as other subjects involving psycho-physiological & physical factors that affected the safety and health of flight and steel plant personnel. I was also involved in dealing with community noise complaints that were directed at steel plant operations. As has been testified to from numerous speakers, in the fall of 1998 it became apparent that the KreWing operation had intensified its production by the obvious change of the noise characteristics coming from the plant. It was now louder and emitting a very distinctive and intrusive low frequency. intennittent and re- petitive noise 24 hours a day. I am a member of a task force representing the affected communities that conducted an independent study of the noise pollution. We rented the same type of equipment used by the county code enforcement peo- ple; however, our equipment could also identifY and measure the level of uoise produced at selected fre- quencies (octave band analysis). The independent study identified the specific offending frequency (63Hertz was confirmed by the consult- ants Casey Caccavari mId Howard Schechter, who were hired by the county) and intensity levels which is the main cause of the noise complaints. Because the current ordinance does not address octave band analy- sis, and sets decibel limits for specified frequencies, the county legally could not cite a violator. In fact, the county noise measurement equipment discriminates against low frequency noise such as the specific fre- quency of 63 Hertz by as much as 26 decibels. Adding to the noise induced psychological impact is the fact that the noise is repetitive (more that 5 times per minute with impact peaks) and intermittent (more than 5 decibels above ambient). It is my opinion that all conununity noise ordinances should identifY and measure the characteristics of noise, as well as the continuous broadbmld noise spectrum ("A" weighted scale currently used for code enforcement. An analysis of noise should include I) octave band analysis, 2) whether the noise is repeti- tive and/or intennittent, 3) is there impact or impulse noise, 4) or vibration. If you lump all noise charac- teristics under one continuous broadbmld standard, those characteristics listed ahove are discriminated against which, when present, can reduce the quality of life for its citizens, reduce community and property values and continually put businesses, citizens and government in confrontational situations. Proposed Sound Ordinance Revisions - page 2 At present, the county code enforcement people are handcuffed in their efforts to properly identify and measure noise because they lack the necessary analytical equipment and codes to apply measured data against known and accepted community noise level standards. In the spring of 1999, the county attorney's office, under the direction of the board of commissioners, started the process of reviewing the current noise ordinance to improve and update it. Based on research of scientific data, other city/county noise ordinances and work that was done by consultants Caccavari and Schechter, the revision before you was completed. I believe, since 1973, the Collier Connty Noise Ordinance has been revised four times. Each time a change was made scientific data and/or legal precedent/experience conld support it, which is now the case for this reVISIon. It is interesting to note that there was a recent presentation to the Naples City Conunissioners by Daniel Hess, a noise consultant and educator from the University of South Florida. Mr. Hess also advocates the use of octave band analysis in community noise ordinances. The explosive growth of Collier County alone mandates that it have in place a progressive noise standard, sophisticated measuring equipment and trained personnel to help business and residents in understanding a very serious and growing pollution problem. 111e current noise ordinance, as written, cannot achieve its stated objectives. I strongly urge the board to approve the revised noise ordinance as written. MEAC MIDWEST ENVIRONMENTAL ASSISTANCE CENTER 435 Sf 13TH AVE.. CAPE CORAL. fl 33990 941.573.6891 Colli", County Government Community Development & Environmental Div. 2800 Horseshoe Drive Naples. Florida 34104 August 29, 2000 Attention: Michelle Edwards Arnold Director, Code Enforcement Dear Ms Arnold; SUBJECT: MEAC Final Report 00 -17 - Background Noise Study of the Immokalee Area for Collier County Code Enforcement Division, Collier County, Naples. Florida. 1. Introduction The Midwest Environmental Assistance Center is pleased to submit the final report for performance of subject consulting services. The report is based on the noise measurements made In Immokalee and compared to the findings reported for the noise analysis conducted for the Coastal portion of the County. The Board of County Commissioners recognized the Importance of conducting a nOise ".,"'ysis of the Immokalee area and directed staff to complete the noise study In our efforts to analyze the background nOise of the community of Immokalee the economic and residential character of the area was taken into consideration lmmokalee's Industry is largely agricultural, with it's many packing plants located toward the eastern boundanes of the community. Most of the commercial establishments are located along the major corridors (1" Street. Main Street, SR 29. Lake Trafford Road and New Market Road) and are predominantly retail in character The residential areas consist of mixed densities Including mobile homes and single family dwellings Another consideration taken was the seasonality of the Industry. We were advised that peak operations for the growing season occurred from September through January Additionally, the DBCk'og plant actiVity reduces during the months of February through May and stops operating from June through August With such a variation in the industrial season it is strongly reccommended that another survey of background noise be conducted during the peak season to determine If there is a Slgmficant difference between the peak season and the season when the packing plants are shut down, which is when thiS nOise survey was conducted The noise ordinance is designed to protect the citizens, regardless of the season. Some difficult questions that have to be answered are: 1) Whether lhe noise levels should be established based on the peak season or a desired level within the community: 2) Should the Immokalee Community have separate and distinguished standards from the Coastal Community: or 3) Should differenl noise standards be set In place for each growing season? The answers to these questions may be difficult considering the data available to date The survey conducted In the community was completed during the off-season June through August when the packing p:ants are shut down for repairs. The noise levels established for the area were well below the reduced levels being proposed in the Noise Ordinance. In order to establish a reasonable standard for the community, additional data would be required as previously recommended Based on comments and discussions with citizens In attendence at the workshops, the noise levels during the slow season (February through May) may not increase substantially from the levels registered dunng the current survey. However, during the peak season when hundreds of semi-trucks (with refngeration units) are driving through the community and parked with engines idling overnight. the background nOise may increased substantially for those residenllal areas in close proximity to the packing plants Again, the need for additional noise data IS indicated. 2. Field Measurements The field measurements were compleled on August 11'" and 12'",2000 at four preselected locations which provided an excellent sampling of background nOise throughout the Immokalee area (See Figure 1). The measurement sites extended from the airport border to the furthest northwestern region of Immokalee to assure that any unique or unusual noise sources that operated in each area would become a part of the survey All measurement locations bordered residential areas. Equipment - The equipment used for the noise survey was a Bruel and Kjaer Sound Level Meter Model 2204 and Octave Band Analyzer Model 1613 The measurement system was calibrated prior to and after each measurement session to assure accuracy. Measurement locations - Since the survey was limited to four locations due to the time required to travel from one location to another, the measurement locations were selected to provide representation of the background noise throughout Immokalee, with three measurement pOints triangulated around Main Street and the last location away from the downtown area (Trafford Lake area) The follOWing are the selected sites Site 1 - Firehouse on New Market Road - ThiS location provided a wide mix in a community environment The site was bordered on two sides by the Immokalee Airport (not a single take-off or landing occurred during the nOise measurements), adjacent to a large packing plant (not operating) and across the street from a residential trailer park Site 2 - Our Lady of Guadalupe Catholic Church (Ninth St. and Colorado SI.) - The Church 'lIas In the midst of a residential community with a trailer park and Single family dwelling surrounding the area Site 3 - Habitat for Humanity (Ninth SI. and Glades) - A site Similar to Site 2, with single family dwellings in all directions Site 4 - Trafford Lake Baptist Church (Carson Road) - The area surrounding the Church included a pumping station to the south, residential single family dwellings to the north and a large undeveloped parcel of land to the east (future Harvest for Humanity residential area). Time of day - The time of day selected for each measurement was based on the data collected from the earlier noise survey in Collier Counly. The noise trends over a 24 hour penod vary due to activity, with the noisiest periods occurring during morning traffic conditions and late afternoon traffic conditions The quietest periods are during the late evening and early morning hours. Based on the data from the previous survey, five time periods were selected for the Irnmokalee nOise survey These were 800 am to 930 am 11:00 am to 1230 noon 2 500 pm to 630 pm 1000 pm to 1130 pm 2:00 am to 330am 3. Field Data The noise data has been tabulated in three forms The first. to Indicate the Octave Band NOise Levels at each of the measurement sites (Tables 1 through 5) for each time period. The second, a Table to provide a comparison of dBA levels measured at four Immokalee positions with the various Collier County Noise Ordinance equivalent A-weighted limits (Octave Band equivalences See Table 6) The first series (Tables 1 through 5) indicate that at no pOint in Immokalee did the noise level exceed the proposed New Collier County NOise Ordinance when measured In Octave bands Further, the second series provides a very clear comparison of the dBA noise levels measured In Immokalee to the Proposed \2W Collier County NOise Ordinance and at no location or time of day did the noise levels exceed the Ordinance for either daytime or nighltime noise limits Last, in Figures 2 through 6 presents the 24 data collected in the coastal area of Collier County. The data measured In Immokalee IS plotted against the 24 hour data measured and shown in Figure 2 to provide a comparison of the two different areas.. The data clearly indicates that at all 5 times of day when the Immokalee nOise study was conducted, the background nOise was equal to or less than the proposed New Collier County Ordinance In conclusion, for the summer months the background noise levels are equal to or lower than the nOise levels measured in the coastal area of Collier County. Again, as mentioned earlier. these noise levels may change when the harvesting season is In full operation 4. Public Meetings Collier County Code Enforcement planned and held three workshops to provide the citizens of Collier County with a forum to discuss the New NOise Ordinance The meetings were held on July 19, 2000, August 21, 2000 (in Immokalee) and a final meeting on August 23. 2000 (Administration Building) A representative from MEAC participated at each of the meetings The meetings provided useful and constructive comments from all factions regarding a new noise ordinance for Collier County. A major misconception by the citizens was that the nOise study was directed to noise controls for the airport and the drag strip in Immokalee. Neither of these sources were a consideration in the background nOise study Any questions or comments concerning the contents of the above may be directed to the attention of the undersigned at the address given or by phone at (941) 573-6899 Respectfully submitted, Casey Caccavari Manager and Principal Consultant MEAC - South Florida Office Midwest Environmental Assistance Center - MEAC 435 SE 13th Avenue Cape Coral, Florida 33990 3 - I" II,'-li ;'~":r ,,,.'" , 'I' , ~- 11.1);'." " ",.) I. , .... = .S - .;;; <> ~ "... ..~ , . h ~ " , '~~;...,...:. .~ \.il LJ.J -J -... ~ :..:: o ., :e :I '" c o :.; ~ <> c.. N = ~. .,g .r .- t:! ~ ii ~ ~t .1' ~. ~ r~j "';"'f"" ,.~.' I - ' I q~T -------!--- I~t~' ;, I j 'I~ I ,~- ,'r I ,~ .\ \ , I ~ 1 ., ....-... ; ~.~~ ~ .;:: '" o ~ '~ i ......\;-.L\_i.. ~ ' , 1 I: "''\-' ::H ' l.. I, t- '. \ ',. _.._.._J ..... 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M U' = VI,Q, ul ~- II v;1 "" ii:W' --- ---- u co "" <(tn ::;: C "" 0..0 -0 co co " ~o.. <> <> <> <> ~ I~ ~ al = CD CD CD CD Q) eo 00 Z Q) og: "" - co .;!;i ~ ~ - - - U'_ Q)- - 0 .---...l '" CD '" -0 - l' '" :J < 0 co - W --' .5 ,g ..J on on on ll! .c :0 -; al on on on Q) ~ ~ ~ :J co - <(' u: 0 I l- e "" 1-1 8 ," - ~ N M ..,. :~ e r.: I c: 'c: c: c: 0 0 .g ~ g "" M M ~ M "" ... ~ on on on in in in in .~ <l~ I I 0 10 0 0 e~ "1 IO- n. 0.. U ~ r'1 i IT I 're: - .... '" I 0 -< "" ,'I E - Nt M ... ~ ~ 0" , , S ~:9Vl I I Hi ;:;;:: '" 1 0.. L_ ~ .~ -- -- Date: June 13, 2000 To: Collier County Commissioners From: David P. Klaiber, Certified Safety Professional, Retired 12658 Glen Hollow Drive Bonita Springs, FL 34135 (94 I) 498-8126 Subject: Proposed Sound Ordinance Revisions My name is David Klaiber and I lived in Landmark Naples, located off of Old 41, which was one of the communities affected by the noise produced by Krehling Industries. I currently live at 12658 Glen Hollow Drive, Bonita Springs, FL 34135. I am a retired certified safety professional (certificate #5617). I was an aviation physiologist for four years in the USAF and spent 30 years in the occupational safety, health and environment field for a major steel company. During those years I was involved in analyzing and abating noise pollution, as well as other subjects involving psycho-physiological & physical factors that affected the safety and health of flight and steel plant personnel. I was also involved in dealing with community noise complaints that were directed at steel plant operations. As has been testified to from numerous speakers, in the fall of 1998 it became apparent that the KreWing operation had intensified its production by the obvious change of the noise characteristics coming from the plant. It was now louder and emitting a very distinctive and intrusive low frequencv, intermittent and re- petitive noise 24 hours a day. I am a member of a task force representing the affected communities that conducted an independent study oftbe noise pollution. We rented the same type of equipment used by the county code enforcement peo- ple; however, our equipment could also identifY and measure the level of noise produced at selected fre- quencies (octave band analysis). The independent study identified the specific offending frequency (63Hertz was confirmed by the consult- ants Casey Caccavari and Howard Schechter, who were hired by the county) and intensity levels which is the main cause of the noise complaints. Because the current ordinance does not address octave band analy- sis, and sets decibel limits for specified frequencies, the county legally could not cite a violator. In fact, the county noise measurement equipment discriminates against low frequency noise such as the specific fre- quency of 63 Hertz by as much as 26 decibels. Adding to the noise induced psychological impact is the fact that the noise is repetitive (more that 5 times per minute with impact peaks) and intermittent (more than 5 decibels above ambient). It is my opinion that all community noise ordinances should identifY and measure the characteristics of noise, as well as the continuous broadband noise spectrum ("A" weighted scale currently used for code enforcement. An analysis of noise should include I) octave band analysis, 2) whether the noise is repeti- tive and/or interminent, 3) is there impact or impulse noise, 4) or vibration. If you lump all noise charac- teristics under oue continuous broadband standard, those characteristics listed above are discriminated against which, when present, can reduce the quality oflife for its citizens, reduce community and property values and continually put businesses, citizens and goverrunent in confrontational situations. Proposed Sound Ordinance Revisions - page 2 At presenl, the county code enforcement people are handcuffed in their efforts to properly identifY and measure noise because they lack the necessary analytical equipment and codes to apply measured data against known and accepted community noise level standards. In the spring of 1999, the county anorney's office, under the direction of the board of commissioners, started the process of reviewing the current noise ordinance to improve and update it. Based on research of scientific data, other city/county noise ordinances and work that was done by consultants Caccavari and Schechter, the revision before you was completed. I believe, since 1973, the Collier County Noise Ordinance has been revised four times. Each time a change was made scientific data and/or legal precedent/experience could support it, which is now the case for this reVISIOn. It is interesting to note that there was a recent presentation to the Naples City Commissioners by Daniel Hess, a noise consultant and educator from the University of South Florida. Mr. Hess also advocates the use of octave band analysis in community noise ordinances. The explosive growth of Collier County alone mandates that it have in place a progressive noise standard, sophisticated measuring equipment and trained personnel to help business and residents in understanding a very serious and growing pollution problem. The current noise ordinance, as written, cannot achieve its stated objectives. I strongly urge the board to approve the revised noise ordinance as written. ~ EXECUTIVE SUMMARY AMEND THE STATE HOUSING INITIA TIVES PARTNERSHIP (S.H.I.P.) DOWN PAYMENT/ CLOSING COST ASSISTANCE PROGRAM FOR FIRST-TIME HOMEBUYERS OBJECTIVE: To increase efficiency and use the most current data in implementing a down payment and closing cost assistance program for first-time homebuyers. ,..'-" CONSIDERATIONS: On November 8, 1994 the Collier County Board of County Commissioners approved Ordinance No. 94-59, the S.H.J.P. Down Payment! Closing Cost Assistance Program for First-time Homebuyers. The Program provides down payment, closing cost, and rehabilitation assistance to low-income first-time homebuyers in Collier County. Since 1994 a 10-fold increase in volume has been experienced in this program. To accommodate the increased volume, procedures used both in the processing of these loans, and in the lending community in general have changed and the program's ordinance has not been revisited to reflect these changes. This amendment will streamline and clarifY County staff procedures in an effort to increase efficiency to users of Ihe program. The amendment will also incorporate the latest income and purchase price limits allowed by the Florida Housing Finance Corporation for the S.H.J.P. Program. FISCAL IMPACT: The efficiency measures included in this amendment will decrease staff administration costs by an estimated 30%. GROWTH MANAGEMENT IMPACT: The amended Down Payment! Closing Cost Assistance Program for First-time Homebuyers will allow Collier County and the City of Naples to enhance the development of aflordable housing. ~...... AGOI)A IT[M No. /d 'C\ :L OCT 2 4 2000 Pg. I RECOMMENDA nON: That the Board of County Commissioners adopt the proposed ordinance for the amended Collier County S.H.I.P. Down Payment! Closing Cost Assistance Program for First-time Homebuyers. SUBMITTED BY: ?/"~, C:;;;:c ~ Date: ('" o~o~ <3 REVIEWED BY: Cormac J. Giblin, Manager Department of Housing and Urban Improvement 4a~/ Greg ih c, Director Department of Housipg and Urban Improvement Date: / o~:/" ) / APPROVED BY: , . I . . i.. .. /. , '. "\. ;.. i l f~h~ ~.~~~~~~~ n;,Interim Adm~~:~:at~~ . ': ,(, ( Division of Community Development and Environmental Services .GEN>AI. "'->. /,2(.(") '- OCT 2 4 2000 Pg. :L 1 " 4 5 6 7 g ORDINANCE NO. 2000- 9 10 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 94-59 WHICH 11 ADOPTED THE COLLIER COUNTY S. H. l. P. DOWN PAYMENT/CLOSING 12 ASSISTANCE PROGRAM FOR FIRST TIME HOMEBlNERS; AMENDING THE 13 POLICY GUIDELINES AND ADMINISTRATIVE PROCEDURES; PROVIDING FOR 14 CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE 15 OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 16 17 WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable 18 Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, Chapter 9J~ 19 37, Florida Administrative Code, as a comprehensive funding package for state and local housing 20 programs to better enable local governments to meet their responsibilities for affordable housing 2\ in accordance with their comprehensive plans; and 22 23 \\1-lEREAS, pursuant to the Act, the State has allocated a portion of new and existing 24 documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development and 25 maintenance of affordable housing; and 26 27 WHEREAS, Collier County has adopted Ordinance No. 93-19 as amended, providing for a 28 Local Housing Assistance Plan; and 29 30 \VHEREAS, the County, by County Ordinance No. 94-59 adopted a Down Payment/Closing 31 Cost Assistance Program consistent with the Local Housing 32 Assistance Plan; and 33 34 \VHEREAS, the County desires to amend the Down Payment/Closing Cost Assistance 35 Program to better function in the home leftding environment. 36 37 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 38 OF COLLIER COUNTY that: 39 40 SECTION 1: Attachment A to Ordinance No. 94-59, "Guidelines and 41 Procedures", shall be amended as follows: 42 See amendments to Attachment A to this ordinance which is incorporated by reference 43 herein. 44 45 SECTION II: Conflict and Severability 46 In the event this Ordinance conflicts with any other ordinance of Collier County, the 47 more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular 48 application thereof, shall be held invalid or unconstitutional by any court, administrative agency 49 or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses 50 or phrases and their application shall not be affected thereby. 51 52 53 54 Words underlined are additions, words 5lftJel: thrSHgh are deletions. AGENDA iw. No. /~(qfl.. OCT 2 4 2000 PI. ,5 SECTION III: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTI ON IV: Effective Date This Ordinance shall become effective upon notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the by the Board of County Commissioners of Collier County, Florida this _ day of ,2000. ATTEST DWIGHT E. BROCK BOARD OF COUNTY COMMlSSIONERS COLLIER COUNTY FLORIDA By: JAMES D. CARTER, PH.D., CHAIRMAN Clerk of Courts Approved as to legal form and sufficiency: -- \'. ' \ :l-><. \. \, ., Patrick G. White Assistant County Attorney 2 Words underlined are additions, words sffilek thrsj,lgk are deletions. AGENDA ITEM No. /*J;;J- OCT 24' 2000 1'&, tj Attachment A , 4 5 6 7 8 9 10 COLLIER COUNTY S.H.LP. 11 DOWN PA YMENT/CLOSING COST ASSISTANCE PROGRAM 12 GUIDELINES AND PROCEDURES 13 14 15 I. Introduction 16 17 18 In April of 1993, the Local Housing Assistance Program, 19 (Collier County Ordinance No. 93-19, as amended by Ordinance 20 1'0.93-33) was adopted by the Collier County Board of 21 Commissioners. This plan was designed for the purpose of 22 establishing local administration of the State Housing Initiatives 23 Partnership Program. (S.H. L P.) 24 25 The primary goal of this legislation is to increase the 26 availability of affordable housing to very low and low income 27 persons and families in Collier County. 28 29 Very low and Low income persons are defined in Collier 30 County Ordinance No. 93-19, and further amended by Collier 31 County Ordinance 1'0.93-33 as follows; 32 36 1) "'Low-income Person - means one or more natural persons or a family, not including; students, that has a total adjusted gross household income that does not exceed eighty (80%) percent of the median annual Adjusted Gross Income for households within the state or 80% of the median Adjusted Gross Income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, \\ithin the County, whichever is greater. ... " (p. 4) 33 34 35 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 AGENDA ITEM No. /a( eJ :.. Words underlined are additions, words !It:flJali thraHgR are deletions. OCT 24.2000 PL/ . _.,=",..--..., ..---~___-J 2 2)"Verv-Low income Person - means one or more natural persons or a family, not including students, that has a total adjusted gross household income that does not exceed fifty (50%) percent of the median Adjusted Gross Annual Income for households within the State or fifty (50%) percent of the median annual Adjusted Gross Income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the COWlty, whichever is greater. ..." (p.6) 3 4 5 6 7 8 9 to 11 12 Income data for the Naples Metropolitan Statistical Area is 13 supplied by the United States Department of Housingand Urban 14 Development (HUD), ...e applicable to all of CollierCounty, and 15 updated annually, The definition for "Annual Income" is found in 24 16 CFR, Section 813.106. 17 18 19 20 Section IV of the Local Housing Assistance Program states 21 that several different strategies will be employed for the 22 administration and disbursement of SHIP funds. Strategy 13, found on 23 page II stipulates that a portion of the funds be distributed through a 24 DO\\il1 Payment/Closing Cost assistance program for very low and low 25 income first time home buyers. This strategy is more particularly 26 described in Section VI C., paragraph a. The Collier County S.H.I.P. 27 Dovm Payment/Closing Cost Assistance Program has been designed 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '7 2 Words underlined are additions, words otf:U.el: th. 8H~ are deletions. AGENDA ITEM Ih~ OCT 2 4 2000 , PI. b using this strategy as a framework, and conforms to all rules and 2 guidelines governing the distribution of these funds. 3 4 Assistance provided in conjunction with this program will 5 be awarded to qualified applicants in the form of ~ ~ 0% 6 interest, deferred payment loan. of up t~ $5,000 eaeft for the 7 purpose of down payment/closing cost expenses and rehabilitation or 8 emergency repairs to the subject dwelling wllt, resfleea, el). The ~ 9 notefsJ, with a ee",~ift.d total of up to $5,000 will be secured by a 10 second mortgage payable to the Affordable Housing Trust Fund, Fund 11 191, payable upon the sale of the dwelling unit, ref mance, or loss of 12 homestead tax exempt status. 13 14 15 16 17 II. Marketing / Outreach 18 A At least thirty days prior to the beginning of the application 19 period, Collier County will advertise this program in both newspapers 20 of general circulation and periodicals serving etlmic and diverse 21 neighborhoods. It is anticipated that the vast majority of referrals for 22 this program will be generated by non-profit organizations such as the 23 Collier County Banking Partnership, or through local mortgage 24 brokers. 25 26 27 B. In order to comply with the Community Reinvestment Act, 28 local area lending institutions are actively seeking ways in which to 29 address the credit needs of the entire community. Ownership 30 programs such as this serve as an 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 3 AGENDA I No. /rX C).)-. Words underlined are additions, words stfUllk tlwS1:lg1:l, are deletions. OCT 2 4 2000IPi. 1'/ 2 3 4 appropriate vehicle for lenders to demonstrate their conunitment to S this legislation. As some participating institutions may exercise more 6 flexible lending requirements than others, it is also possible for the 7 partnership to act as an internal referral source, affording the potential 8 borrower multiple opportunities at obtaining a first mortgage loan. 9 10 11 12 13 14 III. Eligibility Criteria - Down Payment / Closing Cost Assistance 15 16 17 18 J 9 A. Applicants will be recommended for this program through 20 participating members of the Collier County Banking Partnership, and 21 other non-profit organizations committed to meeting the credit and 22 housing needs of the entire community. Additionally, S.H.I.P. 23 guidelines stipulate that the program and availability of funds be 24 advertised in both newspapers of general circulation and periodicals 25 serving ethnic and diverse backgrounds. 26 27 28 B. A firm loan commitment from a mortgage lender will be 29 required before any processing of required documentation can occur. 30 In so doing, the applicant Vo,'ill be pre-screened in regards to total 31 annual household income, credit history, and capacity to repay. 32 Applicants will be asked to sign 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 4 Words und~rlined are additions, words 5WI:l.elE th:81:igP are deletions. AGEJ>l)A ITEM No. /4"C I :J- , OCT 2 4 2000 pt, ? 2 appropriate releases enabling the financial institution to provide 3 such mortgage related information to the Collier County 4 Department of Housing and Urban Improvement. Evidence of 5 hazard and flood insurance where applicable will also be 6 required, as well as a copy of the lender's title insurance policy 7 declaring the affordable housing trust fund as second mortgagee. 8 9 C. Applicant eligibility. Applicants will be required to disclose the 10 number of occupants expected to reside in the subsequent 11 dwelling unit, as well as their anticipated gross annual incomes. 12 Eligibility will be based on the following set limits for gross 13 annual income based on median figures established in May 14 January of +994 2000, provided by the u.s. Department of 15 Housing and Urban Development (HUD): 16 1 person 17 $25,959.99 $33,100 18 19 2 persons 20 $28.699.99 $37,800 21 22 3 persons 23 $32,29Q.99 $42,550 24 25 4 persons 26 $35,75Q.99 $47,300 27 28 5 persons 29 $38,699.99 $51,050 30 31 6 persons 32 $11,599.99 $54,850 33 34 7 persons 35 $11,35Q.99 $58,650 36 37 8 persons 38 $1:,299.99 $62,400 39 40 41 42 The above limits are reflective of the maximum income allowed, 43 adjusted for family size, under the designation of low income 44 household. These limits are subject to change on an annual basis. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 5 59 -'GENOA ITEM Nn. /4' C I,.). OCT 2 4 2000 '1 1'1. Words underlined are additions, words slf:Uel. threegR -are deletions. 2 3 4 5 D. Dwelling Unit Restrictions - This program is designed to 6 assist in the purchase of single family houses, duplexes, or 7 condominium units only. The maximum sales price 8 allowable will be ~ $ I 18,264 for existing homes and 9 $%;400 $106,365 for new construction, or as amended by 10 the state of Florida':" S.H.J.P. regulations. Beneficiaries II must claim the subject dwelling unit as their homestead. 12 13 14 E. First Time Homebuyer Status - In order to qualify for the 15 program, applicant(s) must not have owned a home for a 16 17 minimum of three consecutive years. Verification of first time homebuyer status will be documented in the participant(s) permanent file. 18 19 20 21 IV. Administration of Down Payment / Closing Cost Assistance and 22 Rehabilitation I Emergency Repair 23 24 25 26 27 A. The Director of the Collier County Department of Housing 28 and Urban Improvement shall be designated as the Program 29 Administrator and have authority to sign all reports. 30 transmittals, mortgage loan documents, and certifications - 31 regarding this program. 32 33 34 B. The Collier County Department of Housing and Urban 35 Improvement will be responsible for the following 36 administrative duties: 37 38 39 40 41 42 43 44 45 46 47 48 AGENDA ITEM No. /dc.J~ 44 50 6 OCT 2 4 2000 Pa./J Words underlined are additions, words stnlek iliretl.gh are deletions. 1) Advertisement in a publication of general circulation announcing 2 the program and availability of funds. 3 4 5 2) Accepting applications, Reservation Forms, and the ~reees5iRg sf 6 all supporting documentation. 7 8 9 3) Verification of eligibility requirements for the program, and 10 approval of applicants. 11 12 13 4) The maintaining of all required documentation and records of 14 correspondence for each beneficial)' in a permanent file. 15 16 17 5) The preparation of Financial Reports detailing S.H.I.P funds used, l8 remaining availability of funds, and participating local financial 19 institutions. 20 21 22 6) The coordination of efforts between the Collier County Housing 23 and Urban Improvement Department, Purchasing and Finance 24 Departments, with the goal of being timely and efficient 25 processing of all loan documentation and payments. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 7 Words underlined are additions, words stf'lie]' ihfaHgh are deletions. AGENDA ITEM No. /.,1( c l2?- I OCT 2 4 2l1l0 Pg. /1 V. REQUIRED DOCUMENTATION FOR 2 DOWN PAYMENT (CLOSING COST ASSISTANCE 3 4 5 A. The follov.ing documentation \\;11 be required of all beneficiaries of this 6 program. Documentation required for RehabilitationlEmergency Repair 7 Assistance will be detailed in the following section. Packets will be 8 available through the Collier County Department of Housing and Urban 9 Improvement and at local lending institutions. 10 11 12 13 I) SALES CONTRACT 14 A copy of the fully executed sales contract and loan application (Fannie Mae) will be required from the appIicant(s). The sales contract will verify the listed seller, sales price, and proposed closing date. The signed application will establish borrower information that will be further verified by other supporting loan documentation. A copy of the sales Contract and application "Will be maintained in the borrowers permanent file. 15 16 17 18 19 20 21 22 23 24 25 26 2) RESERVATION FORM 27 28 Requests for reservation of funds \\ill be made by the first mortgage lender through the use of this 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 8 Words underlined are additions, words stftl.s]( fhrel:lgh are deletions. AGENDA ITEM Nn. /..:2(CJ.:L OCT 2 4 2000 PI. p2 document. Information contained in the form relates to the 2 borrower(s), financial institution and subject dwelling unit. It will be the responsibility of the first mortgage lender to provide a 4 completed copy of this form to the Collier County Department of 5 Housing and Urban Improvement in order to initiate the 6 qualification process. A copy of the Reservation Form will be 7 maintained in the borrower's permanent file. 8 9 10 3) CERTIFICATION OF FINANCIAL INSTITUTION II 12 The officer of the financial institution underwriting the first 13 mortgage loan will be required to execute this combined form 14 before a Notary Public. The following information will be verified 15 through the use of this form: 16 17 1) Current Annual Family Income 18 19 2) That all information regarding the applicant is true and 20 correct. 21 22 3) that processing fees and closing costs paid by the mortgagor 23 are reasonable and customary. 24 25 4) that all loan funds will be applied to the required Down 26 Payment/Closing Cost or Rehabilitation Repair, and that the 27 borrower not receive any loan funds in cash. 28 29 30 31 32 33 34 35 36 37 38 39 40 42 43 9 AGENDA I No: /~((;:.)~ OCT 2 4 2000 pt. 'J.J 41 Words underlined are additions, words 5lfHeh threligh are deletions. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 r-, 43 44 45 46 47 A copy of the combined Certification of Participant/Certification of Financial Institution will be maintained in the borrower's permanent file. 4) MORTGAGOR'S CERTIFICATION AND PAST RESIDENCE Applicant(s) must not have owned any home for a minimum of three consecutive years In order to qualify as first time homebuyers. This document will be used as verification of residence for the past three years, as well as providing information regarding current amount of rent, and current landlord. A copy of the Mortgagor's Certification and Past Residence will be maintained in the borrower's permanent file. 5) S.H.I.P. INCOME CERTIFICATION This form is required documentation for any program utilizing the S.H.I.P. monies as a funding source. Information contained herein relates to anticipated household income, assets, and household data. A copy of the S.H.I.P. Income Certification form will be maintained in the borrower's permanent file. 10 Words, underlined are additions, words 9tfHel: tE.'.I8l:lgH are deletions. AGENOA ITEM No. ,4(c.):). OCT 2' 4 2000 Pi, /'1 1 2 3 6) AFFIDAVIT OF NO INCOME CHANGE Prior to signing the Promissory Notes I amI II, the 4 borrower must execut.: this form in order to verify that there 5 has been no increase i.l household income since originally 6 qualifying for buyer assistance through this program. 7 8 9 10 11 7) PROMISSORYNOTEl 12 13 The Promissory Note t will detail the loan 14 agreement established between the horrower and 15 the Affordable Housing Trust Fund, relating to 16 the funds for Down PaymenVClosing Cost 17 Assistance and Rehabilitation / Emergency Repair. The Note ] 8 will include details of the loan including, hut not limited to: 19 20 1) Borrower's Promise to Pay 21 22 2) Interest & Payments 23 24 3) Borrower's Right To Repay 25 26 4) Charges 27 28 5) Subordination 29 30 6) Borrower's Failure to Pay as Requested 31 32 7) Obligation of Persons Under This Note 33 34 8) Waivers 35 36 9) Uniform Secured Note 37 38 39 40 41 42 43 44 45 46 47 48 AGENDA IlDI No. /07(0 ~ OCT 2 4 2000 pt, /~ II Words underlined are additions, words 5tfl:l.el: ibrS(,l.gfl are deletions. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 -, 37 , 38 " 40 A copy of the Promissory Note I will be maintained in the borrower's permanent file. The Ori.ginal Note is to be maintained on file in the Collier County Department of Housing and Urban ImprovemenI, and a copy wiIl be maintained on file in the Collier County Finance Department. 8) SECOND MORTGAGE The Second Mortgage wiIl be used as the security instrument for the Promissory Notes J...aft4-H, and will be recorded by the CoIlier County Clerk of the Circuit Court. espies sf the ~ee8Ha t leFl:gage 1tf6 18 Be hela 88 ale iR the Cellier CSlti.t) Finanee DeJ3ar..meftt, ana maiHtaiftea iR the BOffa er's }36FFRaneRt :file, resfleeti":elj'. The original recorded Second Mortgage will be held in the borrower's pennanent file, in the CoIlier County Department of Housing and Urban Improvement. Payment of fees associated with the recording of this docwnent will be the responsibility of the borrower. 9) THIRD PARTY VERIFICATION Third party Verification of will be necessary whenever the applicant states that any part of the household income is derived from public assistance, a government agency, income generating assets, or for formal verification of AGEND,.ITEM No. /.:J.P ~ 12 OCT 2 4 2000 Words underlined are additions, words stfUek thTlHIgH. are deletions. II. . Pi. 2 iaeBtifieatisFl sr employment. The following sources of income will require fonnal third party verification by the financial institution underwriting the first mortgage 10m: 3 4 5 Including but not limited to. Military Payment, Social Security Benefits, Public Assistance. Pension and Annuities, Unemplovment Benefits, Veterans Administration Benefits, Educational Assistance, Income From Business, Recurring Cash Contributions, Child Support. and Assets on Deposit. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1) Militftr; Pa'/fficRt 2) Sseial Seel*it, ReReHts 3) hd:llie f..ssistanee 1) Peasisa aRB. A...&il:iities 5) VaeffiflleymeRt ReFleHts 6) Veterans /.B.miaistFatisa BeReat5 7) JZB.l:ieatisRal .".ssis1fm.ee g) IResffie FJ'8ffi R1:lsines5 9) Rselif'Fin~ CasH Csffif'i13NtisRs 19) Chila ~H~~eFt 11) Assets SA DSfJ6sit 33 B. This income verification infonnation may be represented on either Collier County SHIP fonns or other documentation supplied by the lender used for underwriting purposes.While fonnal, .....Titten third party verification is always preferable, a memorandum to the file documenting the conversation with the third party will be acceptable. In such a case it is extremely important to specify the date, contact person, phone number, and address of the third party the conversation is conducted with. 34 35 36 37 38 39 40 41 42 VI. REHABILITATION! EMERGENCY REPAIR-ELIGIBILITY 43 CRITERIA 44 A. In order to be considered, applicants must meet the eligibility 45 criteria for the Down Payment/Closing Cost Assistance portion of this 46 program. 47 13 Words underlined are additions, words stRia]. thrSltgR are deletions. AJ3fK)" ITEM No.. /,?(c J~ OCT 2 ~ 2000 PI. If' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 .-- 37 38 39 B. Only construction, rehabilitation or emergency repair of affordable housing which is a permanent improvement to the home. including but not limited to: repairs or improvements which are needed for safe sanitarv habitation. correction of substantial code violations, the creation of additional living space, and installation, repair, or replacement of any major goods, particularly appliances meets the falla ,nag aeHRiti88 will qualifY under this program:",: "RekBeilitatisR means FeJ3aifB af imflfs. S8'leats ..iriSH are Rseaea for safe af 5Bflitaf) Ral3itatisA, eSR'eetisa af sbl83tcmtial eeee lielatisR5, Sf the ereatisR sf BssitisRalli, iag spRee." TRis asfmitisa is felona in FIBAan StaMe 129.9972, ana fuflher aeseFieea iH CR"I'ter 91 37.097(31) sf the f1B,iaB .'\amiRistfati':e Csse. C. Purchasers of homes which have had a certificate of occupancy for less than twelve (12) months at time of application eM will not qualify for rehabilitation/emergency repair under this program, but will be eligible for down payment/closing cost assistance loans of up to $2,500, D. Rehabilitatioru'Emergency Repair loans will be limited to $2,500 per borrower. 14 A,GEK>A IlDI No, /,;fc I~ OCT 2 4 2000 Pf,,-LL Words underlined are additions, words SRSJ: Ytf:8k:l~ are deletions. 1 2 VII MONITORING OF REHABILITATION I EMERGENCY REPAIR WORK INCLUDING GOODS PURCHASES 4 5 A. Information regarding the nature of the rehabilitation! 7 emergency repair work to be performed or goods to be purchased will be compiled by the homebuyer. 8Btaiaetl 6 8 thrsaga the Hse sf the J3relimiH8:l) eailElia.g iFlSpeetisR reEJ.l:IireEl 9 B) the first RlsFtgage leRaer, B. 6sflY sf "hiek ';All I:le 10 maHNaia8a iB the l3efFBv/er's pBfffianeRt file. Abatement or 11 correction of health and safety housing code violations are to 12 be given priority 1:1)' 8eRkaeters over any 6esmetie 13 rehabilitation work, addition of living space, or goods purchase. 14 15 16 B. For goods identified to be purchased. the borrower must submit 18 a price Quote to the Collier County Housing and Urban Improvement Department for approval prior to purchase. Once approved, and goods are purchased, the borrower must provide the County with the corresponding invoice. signed by the borrower stating the approved goods have been delivered to the borrower's home. Thereafter, the Housing and Urban Improvement Department may inspect the borrower's home for the approved goods to provide reasonable assurance that the approved goods were delivered and are in good working order. No funds will be disbursed prior to verification by the Department Housing and Urban Improvement and inclusion of an itemized delivery slip or invoice from the approved goods supplier. 17 19 20 21 22 23 24 25 26 27 28 29 30 31 Be. REHABILITATION/EMERGENCYREPAIR WORK- 32 33 1. For rehabilitation! emergency repair work not requiring a building permit. the borrower has the option to either perform the rehabilitation work as an mvnerl builder, or to contract with a tradesman holding a certificate of a competency in the specific trade corresponding to the type(s) of rehabilitation work be to performed. 34 35 36 37 38 39 40 2. For work requiring a building permit the borrower will be 41 15 OCT 24;2000 pt. If Words underlined are additions, words stroelL tlual:igf. are deletions. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 - 36 37 38 39 2 responsible for the selection of the ~ licensed contractor who wtH must perform the rehabilitation/emergency repair work. 3 4 5 The contractor or tradesman who is selected must supply a 6 detailed T, :aRt \ 'file HfI written estimate to the borrower containing an itemized listing of material and lahor costs. This wadi T;m.te 1i}3 estimate is to be approved by the borrower,.....fifst HlsFtgage leaaer, and ~representative of the Collier County Department of Housing and Urban Improvement prior to the commencement of rehabilitation work. 7 8 9 10 11 12 13 3. Borrowers performing their own rehabilitation repair work 14 must also submit a detailed cost estimate of materials to be 15 purchased which must be approved by the Collier County 16 Department of Housing and Urban Improvement prior to 17 commencement of rehabilitation work. i A copy of the approved ..efl( '.Yflte1:l1' estimate will be maintained in the borrower's permanent file. +Be Monitoring of the work to be performed by a tradesman or contractor will be the responsibility of the borrower. Contractual agreements made will be between the borrower and tradesman I contractor. The Collier County Department of Housing and Urban Improvement will be provided with a copy of the signed contract and approved estimate for rehabilitation/emergency repair work, which will be maintained in the borrower's permanent file. ~ Upon completion, any work requiring a building permit to be performed will be inspected by the Collier County Permitting and Review Department. All work performed not requiring a building permit and not requiring a inspection by the Collier County Permitting and Review Department may be inspected by the Housing and Urban Improvement Department to provide reasonable assurance that such work has been satisfactorily completed. 16 Words underlined are additions. words stmel: W8\igb are deletions. AGENDA I No. /" c:: l.;z. , , OCT 2 4 FOOO , pe ~4' 2 4 5 6 7 8 9 10 VIII. 11 12 13 14 A. 15 2.: No funds will be disbursed prior to verification of te Eleliyery sf a satisfactory completion of rehabilitation! emergency repair work iHSfleetisR rSJ3sft by the Collier COWltv Building and Review or Housing and Urban Improvement Department and inclusion of an itemized eefltraetef' 5 invoice from a material or Roods supplier and! or contractor or tradesman submitted to the Collier County Housing and Urban Improvement Department. REQUIRED DOCUMENT A nON FOR REHABILlT AnON! EMERGENCY REPAIR INCLUDING GOODS PURCHASES The following documentation will be required of all participants eligible, for rehabilitation/emergency repair loans: 16 17 1) RekaeilitatisFI I Effier~eR€'/ Re13a:lr V'erl: '~'Fi.te UfJ 18 Contractor! Tradesman's, or Materials, or Goods Purchase Estimate- 19 All work that is to be performed must be listed on this form detailing 20 costs of lahor and materials, as applicable. A copy of the approved wefk: 21 '.YHte1:113 estimate will be maintained in the borrower's permanent file. This 22 form must be delivered to a representative of the Collier County Department 23 of Housing and Urban Improvement prior to the commencement of any 24 rehabilitation/emergency repair work. ;\ sigHed eBJ3j' 'Nill ~e prs\'ided tEl the . 25 13sHs..er, ana ilie Callier CeWlty Pt:tf'eRasiRg ana Fi~B.fiee Deflartments. 26 RehabilitationlEmergency Repair loans under this program will be made up 27 to a maximum of $2,500. 28 29 30 2) MfttH. Physical Inspection 31 32 A copy of all required tfie si~.ed ~ physical inspectio~ conducted 33 by the Collier County Permitting and Review, or Housing and Urban 34 Improvement Department will be maintained in the borrower's 35 permanent file. A copy of lile these inspection~ will be provided to the 36 BSHe .. sr, and alse t8 the Collier County Finance Department. 37 38 39 40 41 17 Words underlined are additions, words s~ell tMSygh are deletions. AGENDA ITEM NIl.~ OCT Z 4 2000 PI. ;1./ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ~ 40 41 42 43 eJ Pre",i50en ~IOle II This tIe!!? is 18 1ge atilizea speeifieally fer lea:ns meal? faf tfle J31:li"J98ses sf reflrHlilitatisR I t!ffi6rgeae; repair ..SRC TeFH'l!l liRa eSRsitisRS v:ill Be iaeFltieal 18 these aetaileEl iR tfie aeseFiptisR sf PFsmissElFY }Jete I, llsea fer DS'.YR Paymsftt/Clssiag Cest AssisHiflee. /.~ e8fl), sf Pf8missBFY ~J8te II v:ill Be fflaifttRiRea iF!. tke eaRB..Sr'S pefFft8fLSRt file, wul a BSfI) 'Aill 1:le heflt 8ft :Ale iR the Cellier CenHlfY fiRaHee Deflartmeat. The erigiflB::l. sHsel:ttee tJete 'MIl Be l~eJ3t sa file is the Cellier Celillf:, Dspa:Ftmeat efIIeusiRg ami UrellB Imprs':em.em. 3) Second Mortgage As described in the section detailing documentation required for Do\VI1 Payment/Closing Cost Assistance, the Second Mortgage will be used to secure the Promissory Notes I ami II. The second mortgage will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage ill 13e hsp! Sf!. :file will be maintained in the borrower's permanent file in the Collier County Department of Housing and Urban Improvement. /'~ 6SJ'lj .:ill Be malfl.taiFl.ea if!. the aSffs ..er':] 138FR1B.fleHt HIe, amI a eSJ3) '.-;ill Be deli., ered t8 the Cellier CSWlt) FiRftflSe DSf'lar-tmsat. F~s associated with the recording of this docwnent are to be paid by the borrower, e) VTaiver efLisR VJ'l8f!. 8sffiflletisR sf tae RSRafJilitatien'ElRer:gsRsy Repair T.vePlt, tRe 8s8tmetar Hill Be rSilmrea t8 SJfee1:tte a 'Nai','er sf LieR. 1>18 flaj'msflts will13e disbHfssa lIDtil tR8 BaWl!)' reseLs!'] a v,Ta:i\er sf LieR Hem ilie BSAtfaeter. 18 Words underlined are additions, words sa:uel: tI:J Bligh are deletions. AGENDA I No. a C\:;;- OCT 2 4 2000 PI. tl-'#- ~.--" 2 3 4 IX. Procedure for Loan Closings and the Disbursement of Funds 5 6 7 A. The lender underwriting the fIrst mortgage will make a formal request for the reservation ofS.H.!.? funds by contacting the Collier County Department of Housing and Urban Improvement. Reservation requests should be made a minimum of thirty days prior to the contract closing date, and substantiated through the use of the Reservation Form detailed in the section describing required documentation. At this point, funds will be reserved, and the applicant will be assigned a file number. It will be asked that all completed Program documentation be provided for the purposes of verifying the applicant's eligibility, and to initiate the disbursement 8 9 10 ]1 12 13 14 15 16 17 process. 18 19 20 B. The Collier County Purchasing Department will be notified of the request for funds through a requisition, and a separate Purchase Order will be issued for each borrower. Loan funds 21 22 ,. -, 24 25 26 27 28 29 30 31 32 n 34 35 36 37 19 Words Wlderlined are additions, words !lwei: thral::lgA are deletions. AGEND" ITEM No. /!2(c.)~ OCT 2 4 2000 Pg. ::l.3 for Down Payment/Closing Cost Assistance will be issued in 2 the form of two payee checks, payable to the 3 borrower/closing agent. Receipt of these funds will be 4 verified by the closing agent, and further evidenced on the 5 formal Settlement Statement, a copy of which will be 6 maintained in the borrower's permanent file. .A.n aael.itisaal 7 eap:-, ,,:m se ash, eFee t8 tfle Cellier Cet:mtj FiRanee 8 De~art:m.eRt. Copies of all down payment assistance checks 9 issued are to be kept in the borrower's permanent file, 10 11 Funds disbursed for Rehabilitation/Emergency Repair will 12 disbursed ifl. t',\'8 flliJ se fSFffi, 13,[1) atJle to the 13 Baffa ,sr/contractor, tradesman, or homeowner only after 14 submission of the eSfttfflster's invoice and a satisfactory 15 inspection report , if required. 16 17 ] 8 C. A representative of the Collier County Department of 19 Housing and Urban Improvement will be present at loan 20 closings whenever possible, The representative will verify 21 that all mortgage and supporting documents have been 22 executed properly, and that the second mortgage be recorded 23 by the Collier County Clerk of the Circuit Court, The 24 recorded second mortgage will then be kept on file in the 25 Collier CouQty Department of Housing and Urban 26 Improvement. The completed borrower's file will contain 27 copies of all Ent ffi81'tgage documentation received from the 28 first mortgage lender in addition to the S.H.I.P. funds 29 provided by this program, for the purposes of establishing a 30 31 32 33 34 35 36 37 38 39 40 41 42 43 complete audit trail. 44 20 Words underlined are additions, words !l9'l:i.el( ~8ygh are deletions. AGENDA ITEM No, /~t.) ~ OCT 2 4 2000 Pi. ,#.y - ~ EXECUTIVE SUMMARY V-2000-17, SHARON HEIMERL, REPRESENTING LINDA MAY, REQUESTING AN AFTER-THE-FACT VARIANCE OF 3 FEET FROM THE REQUIRED 30- FOOT SIDE YARD SETBACK TO 27 FEET FOR PROPERTY LOCATED AT 4130 14TH AVENUE N.E., FURTHER DESCRIBED AS TRACT 37, GOLDEN GATE ESTATES UNIT 73, IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 3-foot after-the-fact variance from the required 30-foot side yard setback to 27 feet, to allow a shed to remain in its existing location. CONSIDERATIONS: r- The petitioner, as owner-builder, wishes to continue construction on a shed on her five- acre Estates-zoned property. The petitioner obtained a building permit for the shed and measured 30.5 feet from the survey stakes along the side lot line to pour the slab (the required side yard is 30 feet). The spot survey was ordered, however the petitioner continued construction. The spot survey revealed the 3- foot encroachment. Planning Services staff received no objections. FISCAL IMPACT: Since the subject property consists of platted lots with infrastructure to support single family homes, approval of this petition would have no additional fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since the use of the lot is residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element ofthe Collier County Growth Management Plan. - AGENDA ITEM No. 4(11) I OCT 2 4 2000 Pg. ( HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: There is existing vegetation between the shed and the property line and a future residence on the adjacent lot would be 57 feet from the shed. However, because there is no land- related hardship, staff recommended that the CCPC forward Petition V -2000-17 to the BZA with a recommendation for denial. EAC RECOMMENDATION: The Environmental Advisory Council does not llJrmally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on September 21, 2000. The Commissioners listened to the petitioner and discussed the location of the survey stakes that were used by the owner-builder to do the preliminary measurement. The CCPC observed that the encroachment appeared to be an error in measurement by an owner-builder. By a vote of 7 to 0 the CCPC forwarded petition V -2000-17 to the Board of Zoning Appeals with a recommendation of approval. AGENDA IrEM No. L( ftl)/ . OCT 2 4 2000 2 Pi. :J--- PREPARED BY: F~~~ SENIOR PLANNER ../) ! ! ~. 7IE1f BY: lL1\~~ R~NALb"'F. NINO, AICP CURRENT PLANNING MANAGER /0':::'-.00 DATE l().~t.,.aU DATE [ , , /, " . 'c. c c_, ,. ~ }- '''' DATE ROBERT 1. MULHERE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: ,'{ VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-2000-17 AGENDA i1'EM No. E ((1~ / OCT 2 4 2000 3 Pg.~ ;a,,......-.__~ MEMORANDUM Te' COLLIER COUNTY PLANNING COMMISSION FI \1' PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DArE: JULY 27, 2000 SUBJECT: PETITION V -2000-17 AGENT/APPLICANT: OWNER: Linda May 4130 14th Avenue NE Naples, FL 34120 AGENT: Sharon Heimerl 3970 14th Avenue NE Naples, FL 34120 REOUESTED ACTION: The petitioner requests a 3-foot after-the-fact variance from the required 30-foot side yard setback to 27 feet, to allow a shed to remain in its existing location. GE QGRAPHlC LOCATION: Th, .ubject property is located at 4130 14'h Avenue NE off DeSoto Boulevard in Golden Gate EST :s. AGEIt)A ITEM ~ 13{fI)/ OCT 2 4 2000 Pg. 4 ... m ... =4 o :z -. < I o o I ... u . , n , , S,R.29 5-. 0" ~~ -m 00 Z-l - .... - _____ / MOT TO tcN...E (I) - ---f m . . i . i . i . i . . . ii . ;; ii ~ i . i . . . -- - - - . . . . . . . - . . . . , . . , . . . . , . . . . , . . . . . . , . , , . , . . . . . . . . . Ii . . . . . . . . . . , , . . . , . . . . . , ~ , , . . . . - . ~ . , . . ~ . . . . , . 5 . . . . . 00> . , . . . ~=4 . om . , . , . z . . . . . ~ . . . , . . . . . . . , AGENOA ItEM i . i . i . . . . . . . . . . . i . i . i . h Pf(l) I CT 24 2000 """"~- /I " II II I II I I -5 a. ~ l> "tJ l PURPOSEIDESCRIPTION OF PROJECT: The petitioner wishes to continue construction on a shed on her five-acre Estates-zoned property. The petitioner obtained a building permit for the shed and measured 30.5 feet from the survey stakes along the side lot line to pour the slab (the required side yard is 30 feet). The spot survey was ordered, however the petitioner continued construction. The spot survey revealed the 3- foot encroachment. SURROUNDING LAND USE AND ZONING: Subj ect: Single family home; zoned Estates Surrounding: North - East - South - West - 14th Avenue NE ROW Single family lot; zoned Estates Single family lot; zoned Estates Single family lot; zoned Estates HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historicall Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION. INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 the Land Development Code grants the authority to the Board of Zoning Appeals to granl variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Sl!ction 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: AGENOA ItEM Mo.~ OCT 2 4 2000 Pi. (, 2 a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics ofthe land, structure or building involved? No. The shed could have been built 30 feet from the property line. The encroachment was a result of an error in measurement. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The applicant relied on existing survey stakes and measured the side setback incorrectly, resulting in a 3-foot encroachment. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship, because the shed can be relocated on the lot. However, the petitioner may incur a financial hardship as a result of relocating the shed. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A single-family house is a reasonable use of the land. Howev~r, the requested variance will be the minimum required to complete construction of the desired shed. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller side yard than would be permitted for a similar lot in the Estates zoning district. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? AGENDA ITEM No. 4,/1 J / OCT 2 4 2000 Pi. 1 3 No, granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The lot is vegetated in this area, providing a natural buffer. In addition, a residence on the adjacent lot would be constructed 30 feet from the property line, which would result in a total separation of 57 feet between the structures. . . b. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDA nON: There is existing vegetation between the shed and the property line and a future residence on the adjacent lot would be 57 feet from the shed. However, because there is no land-related hardship, staff recommends that the CCPC forward Petition V -2000-] 7 to the BZA with a recommendation for denial. EAC RECOMMENDA nON: The Environmental Advisory Council does not normally hear variances. -- AGENOAITEM No. a,/J) J OCT 2 4 2000 f' Pi. 4 -:~:=~~ , ~~ OOOl q Z DC: ""1\; I'f3lI 't'ON39Y PREPARED BY: ~~ F ISCHL,AICP SENIOR PLANNER 8. g.OD DATE ~ DATE ~ - R6BERT 1. MULHERE, AICP PLANNING SERVICES DIRECTOR f -If1&) DATE AP~B;r, ~ J-/< -6d VINCENT A. CAUTERO, AICP, ADMINISTRATOR DA TE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V -2000-17 Collier County Planning Commission: iLl! ;icJ/ RUSSELL A. BUDD, CHAIRMAN 5 AGENDA ITEM No. .xr. II) / OCT 2 4 2000 Pg. q VARIANCE PETITION (V ARlANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR Z~ D1STRJCT) Petition No, Date Petition Received: Planner Assigned: ..--. ,-j~f:i.:, -0 '':::'"L '"SC 1'-/ L Commission District: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATWN: Petitioner's Address: L ltUdl'1 JJlif-U /-hJo If! ~ ;:Iie-. //f. Petitioner's Name: IV"74-0 ;::-/.. J Lj I ~[J Telephone: ('1'11) .JS-2 -()~3S- _<\gent's Name: C -),"";.----,..', ~', ,.::. r? Agent's Address: _'. c. .)... /t( , ____ / iI ~ - h~-I /- ,l 1.. 1./..." i ~, , . I--J-~, ;...':..- '-.. i ~ ~___ f ;... _!i~'//'~'( ,.\ . '.' I . .._ ._ T I h',.. '., ,. l.- e ep one: !j"rt'/ ,_:./..' ,j ',C.: /e COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 AGENDA ITEM No. L1/1> / OCT 2 4 2000 f8 Appliclltion for Variance Petition - 8/98 Page 1 PI, If) Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: S bd. ., '" Lli r1;\, I-;;:\;\, U IVlSlon: GD p~1 ~ C \-'-''-:. \ - E~, Unit '13 Lot (s) ..$1 Block (s) Section , .' Twp. .' r/ ." Range _ Property LD. # '+0 Ll, 1 Z,B L..\- Do (') '7 Metes & Bounds Description: Application for Variance Petition - 8/98 Page208 A A ITEM No. j{IlJ / OCT 2 4 2000 pt, /I --i Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Es-r;;:J;, - ~fiSfj&-;;;#L Adjacent Zoning & Land Use: ZONING Lf..J~ USE N S w ..- E',~> . -:' ~ ' '.j_"=..~ . I:>' ~_' Minimum Yard Requirements for Subject Property: Comer Lot: Yes 0 No 0/ Front: Side: -', r Waterfront Lot: Yes 0 No 0 Rear: Application for Variance Petition - 8/98 AGENDA ITEM No. Xi( /l) / OCT 2 4 2000 Page 3 "f8 P&,~~ Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. ,J + ',"-"::'\\.\...C'- \_- l c f1 sT <'='ICLC i'Y" _. \/ c5E...-\ - bl:..,C-f.' 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C\i-\.,' ~-;-;-~~,\ c.....'\.,....~\.,E-\, -)~.; ,J\ .-' \ ,..J-~ "" " c~\-\~ ~ S ~p~I~.:__ ~~~'?-.\_\~~? \-1,~\~: t--?_:?;"'-~, \ '.I~l~~"...., ~\_._.\.:,,---~:. \ J"u,' ~~ '::::.....,. , ,.. l~ v.....J~.::_C.~-' . \ \'i:\(( ,,' \ \ "-J'?~'..::t ,::;,(,' i-,-;;- ~ ":,:::'- ,~_, r~~,~, 7' -\'-..';= \,'.-::: \;~ ..\ \~ L\.('\'_Oi. \- 'cl ,.. , \tl '......N\..\ (l(\K,-=2.e'7\ b;::-\~~; _I -.:::;: .~. v__~7','..', ~'~ -=:,,~\:--, ':"', ~_ -:-: ,~L / \ "":) .:' ..J \ e...,\=\=" 0\-.::~~ ~:=\:, --;. _\~,l~ \ \ . , -2 \l,'~\~J_-.:__ ''''-,'T-. .'. \. \},-~. ., - r-\-....,-~.:' ',~ - \ ~-"...._.-:::-\.j ~ ~,... ,: \-:.: TEM No.~(/I) / f8 OCT 2 4 2000 13 Application for Variance Petition - 8/98 Page 4 Pg, c. I .) - 0 1Y.;,.I= \'\ SE'_ \ Col: ..,---- - Ct-\- ( :~~ \.,\ _ ~ e...J'::""C- '- " --;... II / - - . ("~ \.\.\~~j'::' ri. \-,..::.........~' ~ ~. l I" \-A '~\f_\ \ I...: ):-\,"\W- \c'~ \'" \ ~,- . 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", . \., \\--' ~ :':::''-' '...' \2, \ \ \. , ';....-?r,-l:r...,--., \ , .. '1"--.\ \.; E:. :::> --"- (.: 'v_, \~i\' ~ /- '- \.-\e.' \.LSe. S -'. \ II \;- "I'": v...\\' ,,~--:- C, '. +...:...ft ~ \ ::, \ (j~ ',_ kej~~ ST,\_'L ~- \-....: (., \ ,"7....,::- ~<:.\-. .,^- , \ \ -- '.. ~ '" \ ,:;'v_ ,---........ . k!,C. , . "';- \-. -:~-,~>.... ,~ \ \'..'l '-.. ~ '- \:~ -..:~...,:::- C ~~__~_\"""':: i v_ -'-' \ ~ '\ "--- \~v~ ~,-~~ --:..-. \..:'- ~ 2:-- ",'-' : \ "- :~,.:;-:.. \'-y(' \\, ''"\ " \ 'v__ \ 1"_ .v_ \=~ , , \ ,.. \. ' v_..\ ..._..'....,_ \:--J"";; \_-.- \-,"-' r rC- , ;"'\('.,-,1;_ .~~ i\- '\ \:::.~ 0_ '~\'?-::-'~~"-"" "--':::l . -- '- ,.,',,;:,: "',- /:" '_Ll AGENDA ITEM \_r_,~:~_~#(t'\ / OCT 2 4 2000 ..... }'g, /f' Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zomng Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this crileria using additional pages if necessary,) 1. Are there special conditions and circumstances existing which are peculiar to the location. size and characteristics of the land, sttucmre, or building involved. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Th.. ft<.e... e..,,'\ ~ \'~j <::u>.od.-':\7oN olc= The- M",':l.)(.,.A2.S \:;,...:\"":\ \~'<Ud2..jl...2\ 'VI-"'-SE-Cl\.. \~Qh"-RlU:.\ eo! '~.A.~ S\-d._,"-, L'<JE'-J, ::'V.R\'''j L,tJ'l', V..S> \0 b.... :,' 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create pracncal difficulties on the applicant. I \>.\<l~\. d ,",,,,,~e..,~. ~v"'~.:..~ ~,II":"'-lc\f\l F\w..L S\R.e.H.'I=\l\... -:;,~.........T\..~ \~ '\\-,;1. 0f'-'R\Pt",~"" \$ \.l~ ~~",~d. "-'So'iI \J.J.,,-~ Clil~ \'MI'2.\; \0 ~€.l\'\~\je.,\\"M..\ t\~\~\l-Jflr\.. "'\e ~:"\\.d.. ",....cl.- \-ti'tlle. t-So' \~ ~\..'" w.~ ""'" a.-<>v..4l, itl..,,,\\.t'$ ~OR lYIe.,:r.. d..o",~ 't<,\'>o.u w\';;;\ TclJ.... 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or sttucmre and which promote standards of health, safety or welfare, 'SE"'. -1.. C~ ~\...cl.. \\....."" ,;,~;...\-' fYlu.u..o:..cL 1=.... ~l':.i'>-"~' ;;J J .:....,,\. ~e.~:W'0 ""'~ ""'::;, ~"<Z.,..s~ 10-:"\,l. \~'f~.\l-"-). ~~ hN";"'~:"'\" \~I"-~,,,-.... ",~"LL \.1-;;\ \:-'e s" ~'-l ~"'- AGENDA. ITEM No./~J I f8 OCT 24 2000 Pg. J5 Application for Variance Petition - 8/98 Page 5 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. ;c~ \ ;'r, 'I,' ","":'IQ..... '~\l\ 2.. 'j , \ , ., ,...,-[.,-.', Fl-d ,,' ,,,. -.J , f..' <.~) -.! -J -\~'W;)~\.; \ ..) 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise d~trimental to the pubJi:: ';;elfare. 'I''l( \--:c,~,.'",..:_v tJ"~ :""..' u, .'-, , \ , -C-I"": \ \,,j,,: \~ '\.l:' '-. :~., -~ , ' \ .. I', " f- . ~'\"i \::J; \~':" \--..t,( t:; -' c ,~ \ r\ . \ _ -, IT,...- .\7,-,_ \(, e,~ \:'.. 't ""-/ ,,;.:, \'\,,,...- '_ \ ;.;-\..~ ,- , \':' I-t '~ -;. \.... \'":J'...~, '_ 'l~ ~;:-,"~_ ~.\ \ L ~ 't \. \...~ ,-- ~_.\.' ~~..: L \ \ I \'~"."" "'-.- ,~ 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. ,,-", , , :.7..c.'.';'-r\..~::~Ic';:':I.___ r;.,,\,-"- '~ \- ~" \ t.. -' ~"" \.... ,:-) -. l..:.::t2AS(.:,: J 8. Will granting the variance be consistent with the growth management plan. \'--" 'i \ l ..;:~, \ 7~ ~-~:x:- :: ,,:".....t \\-, ~ '")L~~ i l iY\ ",.-.....h' '::"-i""' ~ 'v.~V" ) AGENDA ITEM No, /?f1J I OCT 2 4 2000 Page 6 8 Pg, /,1, Application for Variance Petition - 8/98 VARIANCE PETITION APPLICA nON SUB MITT AL CHECKUST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REQUIRED 1. Completed Application 15 . v 2. Completed Owner/Agent Affidavit, Notarized 1 , 3. Pre-application notes/minutes 15 ~ 4. Survey of property, showing the encroachment 1 / .~ (measured in feet) I" l/' 5. Site Plan depicting the following: .15. a) All property boundaries & dimensions - b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 1 , reference " 7. Application fee, checks shall be made payable to - 5 s- ~)-:..... - Collier County Board of Commissioners - 8. Other Requirements - - " As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this subnuttal package. I undersrand that failure to include all necessary submittal information may result in the delay of processing of this petition. ; , . J j / //', /~-/ / - ./.> - ;-~< _,'/"7 ~- - '- -- ~ ,.~-'-1._ -' ( -' ;....- " Applicant/Agent Signature Date /. /.c. .;:L" /\J ,L . " ,'.. r, r,\-'-- ."-- AGENDA ITEM Mo. ,x.:(Il) I ; - OCT 2 4 2000 Application for Variance Petition - 8/98 Page ofS Pg, /7 ~ AFFIDAVIT We/I. l. ~d.-A. \(. lYI.~ being first duly sworn. depose and say thatwe/l am/are the owners of the prope described herem and whIch IS the subject matter of the proposed hearing; that all the answers to the questions in this application. including the disclosure of interest information. all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true 10 t~e best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/lfurther authorize 'Sh~o.:J 'N~\ "" e1<. 'L.. as our/my representative in any matters regarding this Petition. to act ~ ~.-",.~;.;... - Signature of Property Owner Signature of Property Owner lllJ'rbr 1<. MA~ Typed or Printed Nam of Owner Typed or Printed Name of Owner r-- The foregqing'instrum,ento:was acknowledged before me this ..:( ~ day of >~-. ~().:> "'!!;~ 1'( /It::....-j-. who is personally known to me or has prOduced " as identification. // J\.. /,;) " ' ,. . \ . /\ //"," "'~ ./" . ~:JF,~ \0' ,L-<-<'1 -------- (/5ignatur.eof Notary Public - State of /// Florida) ....~~1:~:~ Li1J~ll S. Paris g?(' .. ,\""Conlm""cn 1# CC 806 (Print, Type, or Stamjt, . .'~ rl'll" Name of Notary Public) State of Florida County of Collier Application for Variance Petition - 8/98 OCT 2 4 2000 Pg. If , " G, . ':' ., , :s '" ~I , , " " e~ '1 0, , 00, IV -z-... - 0," - oM? '. '(>'7 os _1;> - 00 'Ozf: / \ \ " '" " ~ <t- V 'J '-- <(I - "I z ~! j ~ ~ ~ " , N) Q " Q Q 2 Q " a t-" ~ l/ ~ " , " ~ '\ ;--"0...1-' " ~ \ , ~-~ <>- ~.. " - ;)1.1 .cr" < r~; -;---:'ff~ I ~, 7'0 '-"""'''1/:1 0;1 Y 96-' <,-v? ~''''l ,,~o 0 ~,J5 "'......--- l=J o I/) , , ..: , , o , o " 0' 0 , , ~I " , "I , I I 1 o o ~ , ~ 1 ~ 1 I" -:~! _uL_____ :~ r ,~, \ .:.." ,';:'1 . "} . ~ "">'c,n--olC --I'll:;:I L",<:/ 1\ ----~---- _ 01 ~O"-" _ 1 _ _ ;a..-Y/'" ~ ;;;;"~?,-,,,:y ,0(.[ (~I,O~ ~'N ~^v ~~ _.:;' "os -,0., - '" 6'5' ~ ~J r (J'yC 06 . H'\' ~l'-C. ....... ("5 >' e ~ , , " o ~ :r " ~ o Z 0 .,... -, !!J lL Ii 0 ~:~ 0 -~ < 0 <~ '2o~~ (\~ ~ " J. . ZOIl:l dl ~O~ It.d.r'II<-+j1 Q'. '5 _"'rl . 0 ~ o<?')z 0 "' ~ u en '" _';6 'Lrl ~ 'I 1 ' ~. j'l -1,1 !! !, ~; II iW~iihl!l . !llti!llll!l!!1 "I 111'11'111'. IW",jJII:ltl!' ,I h."ll h I i \'\ , ~.. N~ :z. ,j"-' 52 ~~ t ~ - N~ " , U ,en . OJ . Q . ~ l" ~~ o ~ o 0 Q 2 \\ " i , , ~ ,~ ~~ o' a '. ~e" l>7'Y- ;::--;:;::)-- " ;;~d~ '", . M>ENDA ITEI -' No.-AdJ OCT 2 4 2000 p~, /1 . , , I ~~ H ~ ~ , . :I~ ~ 1 ~ . 0 1i.!!1i: l'!"a!i F - , . ' 1~ ~ 1: :ji 'J , . .~ 1.,::<; i:5ci: lJJ l) ~ "'N o~ ,.~ "'"' ~w~~~ ~<'"Jr-;- "'-'~ ~ oc....s:5 ~~jH Q . ~~g o::~-a. '" ~ . ..J E-< ~~ ~ ~dS .,.... C)ci ~gjo; , ~ " ~ , 1 B i ~ ~ ~ u ~ ~ w ~ w " ~..I IJ, ~..~ ~ ' 1 ~~ : : I~~ I :~ I \~I' ! ~ ' ~I)~ --\J','1 ~~' ~w~ ~.~I~ ~ ! < r C IJI i~12 r (f).(,1t) ~ 2 (:l i 0 UJ&-':;~'iJ d tV 5~_ 1:;1 <: Z~ or if) ! i "<l 'fb ~ ~ "' ~ i>i - M J 10 " IiI ~ ).1" "I ~' :~I j..: 11Il"<1 m @':-i , '" ' ~lij(.,)LU "'(1--1.U1-- 13~G~ ~ ~ " r'\ 2 >;; ~a:~ 2 C5~ I 8 O:~f\. 8>: 1 !I' Si~ '-0 ~ i'5~ .. '" " Q 2 ~; ~ <n '" ~~ ~ ::i I--.::;j ell it II ~ ~ !.uS f\J ~ ~ ~o.: () ffi 0.: ~ f' "- a a:;: ~ '" "- Set 2 ~ a:'lt ~ " ~ " Q W ~ ~ o ~ o ~~ ... - ~ ~ . . , ;r"') ~ '" '" , '" ~ g ~ .~ " ~ ~ ~ [t Q.: '" . '" . . '" ", . ~ ti J1..... ~, I M _ ~ :). \, d ~'lJ\0 ~ ()~ 't ~ ~"!:l:: fr;~? 0 .-, RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-OO-I 7, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statuh:;::;. has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development CoJ..: (Ordinance No. 91~l02) \vhich establishes regulations for the zoning of particular geographiL" divisions of the County, among which is th'e granting o(variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board uf the area hereby affected, has held a public hearing after notice as in said regulations maUl: anJ provided, and has considered the advisability of a 3.foot after-the-fact variance from the required side yard setback of 30 feet to 27 feet as shown on the attached plot plan, Exhibit "A", in an "E" Zone for the property hereinafter described, and has found as a matter ur fact ( \ that satisfactory provision and arrangement have been made concerning all applicable t1latter~ required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulation::. of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by lhi~ 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: The Petition V-QQ.l? filed by Sharon Heimerl, representing Linda May, with respect to the property hereinafter described as: Tract 37, Golden Gate Estates Unit 73, as recorded in Plat Book 5, Page 9 of the Official Records of Collier County, Florida be and the same hereby is approved for a 3-foot after-the-fact variance from the required side yard setback of 30 feet to 27 feet as shown on the attached plot plan, Exhibit "A", of the "E" Zoning District wherein said property is located, subject to the following conditions: I. This variance is for the encroachment shown in Exhibit "An only. Any other encroachment shall require a separate variance. ~ I -1- AGENDA ItEM No. V1f(lJ / OCT 2 4 2000 Pi, ,#0 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of the reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-QO-I? bl' recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY 1. CONSTANTINE, CHAIR\lAN Approved as to Form and Legal Sufficiency: Yf1~~~1:' Ifl. ~ Marjo M. Student Assistant County Attorney G:fV.OO-17 RESOlUTJONIFIVim -2- ) \ I ,:a;}(J/J I OCT 2 4 2000 Pi. 41 .... " t i) d'!"1. -c .. - .. r 8"'- 1-.1 E ~ J", I'.. ... < .... fVJ IS ~ N~ ~ '" ., ~ u ~ "lm - .. ii 1J 0: :-!:l ~ .9 . 1l ! .. ~ i , "E ~ 0 ~ , u ~ f;Il f ..:l ::! C. ~ . . ~ NJ . . r--. . . " .. . ~ ::i .6 ci ::> 0 \) 0 IJ llJ ~ Cl " ~ ~ c ~ ~ ~ Oc '- ><~ I ~ ~ p '" ~ ~g '- :::>.. oor;; (,)0 ,,56 , &1 ~-j~ 0 t> ~ ~ ~C' ~ ~'" ~ r.::l~ E-< . ~ 00 c _r:t "'"" el c ~ ~C>- i' r0 ~1 , r-.. 'it' ' , V- ~2 I '< - . 1-. oj Z -.) <! 1--1 ::> t:: , IV) <;J ~ ~ Cl ~ () () '" ~) .Qv"v' ;7''' ,...,f'>"1"v,,;, ~ '" '" ;:NIfOi/f,/ 't' 0;/ ;;;91Y2fV? ., Q "- 1J'+r ."{ . , ~ 0-- o'l'Z N '! '~'YJ=-Id 0 '- ,or 0 ~ '" ""'5 So' s:/ .' - . 0 V) 01 Q j Q 0 N) '" "- "- '" " '" "I t- 'l. ,- 'l . " ;, "- . \ ,~ "" 0: .'" ~ '" ~~ l -J \) eo" ~ n '.. ,\ ~.v w:,r Q~'O/OE: L""r:/ -4' P Ol~ ~4.J::,"~ -----.'~----~ '11y, .,. ~. (~.jel, v~ ' .o,F ~'N ~^v ...., if 200tJ -.:IY' 2Q..JJ.- I h H' n~: ......1; .. . . .n. . cr~"" w:>a: ~z< -:;~ t::> ~~~ 8 'en ~" cr:>;2 <~ . , en " ~ ~~ <i=~ :Iou 0 e,OD "''''.... , ,en Z Ui ~ tJ)O~ W "''''lr' Q~~ -, o .O~ E" I~-~<\ ~T _.._~- 'j \ P?'t/ - 2!-1Y/o ----- -l ~I Exhibit "All EXECUTIVE SUMMARY PETITION V-99-29, WILLIAM L. HOOVER, AICP, REPRESENTING LARRY J. AND MARCY A. GODE, REQUESTING A 3.0-FOOT VARIANCE FROM THE REQUIRED 13-FOOT EAST SIDE YARD SETBACK AND A IO-FOOT VARIANCE FROM THE REQUIRED IS-FOOT WEST YARD SETBACK IN ORDER TO DEVELOP A COMMERCIAL LOT FOR PROFESSIONAL OFFICES ON PROPERTY LOCATED AT I09TH AVENUE NORTH, ALSO KNOWN AS LOT 9, BLOCK 2, NAPLES PARK UNIT 1, AS RECORDED IN PLAT BOOK I, PAGE 106, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals render a decision on a dimensional variance of 3.0 feet from the required] 3-foot east side yard setback and a variance of] 0 feet from the required ]5-foot west yard setback in order to develop property for a professional office. CONSIDERATIONS: The subject variance petition is a companion petition to an off-site parking petition, OSP- 99-3. The subject lot is located approximately 275 feet west of Tamiami Trail North (U.S. 4]) on ]09,h Avenue North in Naples Park. The subject lot (Lot 9) is zoned C-3, Intermediate Commercial. The lot proposed for the off-site parking (Lot] 0) is zoned RMF -6, Residentia] Multi-family, and is located to the west of Lot 9. The petitioner is requesting these variances and the off-site parking in order to make it more cost effective to construct a professional office building on Lot 9 while still meeting required parking standards ofthe LDC. The principal lot, Lot 9, is narrow which makes it difficult to develop the site for non-residential purposes as permitted in the C-3 zoning district. Additionally, the site is too small both to provide a decent building size for non- residential use and adequate parking and access. The minimum requirement for a lot width in the C-3 zoning district is 75 feet. This lot is only 50 feet wide. Section 2.3.4.]] .l.c.]. of the Land Development Code (LDC) requires that commercial structures be setback] 5 feet from residentially zoned lots. Lot] 0, the proposed off-site parking lot, will provide distance and buffering between the proposed commercial structure and the residential homes to the west. The remaining 5.0-foot west side yard of Lot 9, the C-3 lot, will be used for perimeter landscaping around the proposed office building where the lot abuts the off-site parking lot. AGENDA IttM No- B(I1);< OCT 2 4 2000 .... / ~- .- The proposed variance to the required l3-foot east side yard setback is determined to be equal to the height of the proposed building. Section 1.8.2.B. of the Land Development Code (LDC) permits a reduced setback that is equal to the huilding height or the minimum side yard in a commercial or industrial district, whichever is the lessor of the two, if the lot is commercially zoned and nonconforming. In this case, the lot is legally nonconforming in size and the proposed building height of 13 feet is less than the normal IS-foot side yard setback for C-3 zoned lots; therefore, the mandatory side yard setback is determined to be 13 feet. Ifapproved, the reduced setback on the west side of Lot 9 will be used for a S.O-foot-wide building perimeter landscape area located between the proposed office building and the parking lot on Lot 10. This reduced setback area and landscaping will be internal to the office development because the owner owns both Lots 9 and 10, and it will cause no impact to nearby residential properties. It will also allow the applicant to meet some of his space needs and to provide some of the on-site parking required by Section 2.3.4.11 of the Land Development Code (LDC). The east side yard will be reduced by three (3) feet from the required 13-foot side yard setback. Appropriate landscaping can help mitigate any possible impact that will result from the additional proximity to the residence caused by the reduction in setback. The owner of the tri-plex home located to the west of the proposed off-site parking lot has stated that he has no objection to either the variance or the off-site parking lot as requested. The owner of the commercially zoned residential lot which abuts the subject property to the east objects to this petition on the belief that Lot 9 is a buffer lot and should remain undeveloped providing a buffer between her commercial lot and the residential lot to the west of the subject lot. Another owner of an office building located to the southeast of the subject property objects to the variance, stating that it is unfair to other business owners who have developed their properties within the requirements of the LDC. Summarv Staffis ofthe opinion that the request will have minimal impact on neighboring properties or the public. If approved, the proposed variance and companion petition for off-site parking will allow the applicant to build a small office building and to provide required and adequate parking for customers. The proposed off-site parking lot will also be limited to use for the proposed professional office building if both the subject variances and off-site parking petitions are approved. The objections to the proposed variances based on the idea that the subject property is a buffer lot and should remain undeveloped are unfounded. Staff has investigated this claim and has found no evidence that the lot should remain undeveloped and utilized solely as a buffer lot. AGEJII>A ITEM No./5rll) ,;/ OCT 2 4 2000 PI. 2- Objections to approving this variance petition on the grounds that other property owners developed their properties within required setbacks also holds no merit. A variance petition must consider hardships that are specific to the subject property and a decision must be rendered on the facts which establish such hardship. For example, if one property owner is able to reasonably develop his property and still meet the requirements ofthe LDC, he should do so. If another property owner cannot reasonably develop his property because of established hardships, then a variance is appropriate. FISCAL IMPACT: This variance by and of itself will have no fiscal impact on the County. However, if this request meets its objective, the subject land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on 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 in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: . Fire Impact Fee: . Road Impact Fee: . Radon Impact Fee: . EMS Impact Fee: . Building Code Adm.: . Micro Film Surcharge: . Corrections Imp. Fee: $0.30 per square foot of building $2,453.00 per 1,000 square foot of building $0.005 per square foot of building $299.00 per 1,000 square foot of building $0.005 per square foot of building $1.50 per unit $1.326 per square foot of building Since this project proposes 2,700 square feet of office space the total amount of non- residential impact fees collected at build-out will total about $12,674.70. It should be noted that there is no guarantee that the project at build-out will have maximized their authorized level of development, therefore, the total impact fees may vary from this estimate. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas, utility fees are used on their proportionate share of impact to the County system. Finally, additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At ~"ltEM t+o.,tO ell c~ OCT 2 4 2000 ..3 pt. this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL AND TRANSPORT A TION ISSUES: No significant environmental impacts were found by staff, nor were any Level of Service standards determined to be affected by this request. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map, and the site has already been developed. As a result, the applicant was granted a waiver to the Historical/Archaeological Survey and Assessment requirement. PLANNING SERVICES STAFF RECOMMENDATION: Staff assigned to the review of this petition found it consistent with the policies and objectives of the Collier County Growth Management Plan and the Land Development Code. Staff also found that the proposed variance request will cause little or no impact to any existing and future development as stated in Staff s Report to the Collier County Planning Commission on September 2 I. 2000; therefore, Staff recommends approval of V-99-29. ENVIRONMENTAL ADVISORY COMMITTEE: This petition was not required to be heard by the Environmental Advisory Committee. PLANNING COMMISSION RECOMMENDATION: At the September 21, 2000 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously on a motion to forward V-99-29, and the companion petition OSP-99-3, with a recommendation for approval with the conditions as stipulated in the Resolution of Adoption. - AGE/'l)A ITEt.t No. /J rfI \ :J.. OCT 2 4 2000 Pc. 1/ PREPARED BY: / / '}21' ~ I ;?~. - /, ,/: /.:; c::.t-cc1::.PI / U1.~_ DONALD J.\~RAY, AICP " I PRINCIPAL PLANNER . 4EWED BY: J RO , AICP CURRENT PLANNING MANAGER / --- ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPRrED BY: c1%'t{ (1- VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. / ~~ Petition V-99-29 Gode Professional Building. Tentatively scheduled for the October 24,2000 BCC meeting. /r: - ,/ -j{~r() DATE _\ O. '\. 'Z. cv-u DATE / v ~ '7' k","~ DATE /3 ~( -Co DATE AGENDA !TD.I No. .d(1);< OCT 2 4 2000 ..- Pi. .:J AGENDA ITEM 7- Memorandum To: COLLIER COUNTY PLANNING COMMISSION From: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date: JANUARY 4, 2000 Subject: PETITION V -99-29, GODE PROFESSIONAL CENTER ~ OWNER/AGENT: Agent: William 1. Hoover, AICP Hoover Planning 3785 Airport Road N., Suite B Naples, FL. 34105 Owner: Larry J. & Marcy A. Gode 5475 Shirley St., #2 Naples, FL. 34109 REQUESTED ACTION: The petitioner is requesting a two-part dimensional variance for a C-3 Commercially zoned property located on 1 09th Avenue North. This request, if approved, will allow both a 3- foot variance from the required 13-foot side yard setback located on the west side of Lot 9, and a 12- foot variance from the required 15-foot setback located on the east side of Lot 9. This will reduce the east side yard setback to 10 feet and the west setback to three (3) feet. The 15-foot setback is required on commercially zoned lots when abutting residentially zoned lots have been granted a parking exemption (Section 2.3.4.11.2.c.l.5). In this case, the petitioner -. IlL \ ITEM 110._ ~ I OCl i 2000 p. ~ I ~ II I z lUQ i ~t( ...0 9 ... -- . j D... ~ i i 2: I . I " LLJ = I . ~ l - ~ CI) i ".. ~ nr..CII._ / - ~ ~I ..::::::-- ..~... ....- a U. I I II ,t.. ")....~ It it i' , !./ f~' Ii . I il ~!E o o u u <r w w w ~ -' 5 u =I~ ..... .... ""- (I.~J .",. ~-.. wI" (U.....,) , (! ~ ,T. : .~ ,.......1IUrL ~>. > ~ h d~ r ! ! il I ! . : ~ , / ii j i I i . Ili~ ".K . II!; Ji ' u. U~ ~ ... ... I ... ... z o ;: ;: ... IL D... ~ ~ z o - ~ u o -1 owns both the subject commercial lot (Lot 9) and an abutting residential lot (Lot 10) that is the subject of an off-site parking exemption. See off-site parking petition OSP-99-03. The 13-foot side yard setback is determined to be equal to the height of the proposed building. Section I.8.2.B. of the Land Development Code (LDC) permits a reduced setback that is equal to the building height or the minimum side yard in a commercial or industrial district, whichever is the lessor of the two, if the lot is commercially zoned and nonconforming. In this case, the lot is legally nonconforming in size and the proposed building height of 13 feet is less than the normal IS-foot side yard setback for C-3 zoned lots; therefore, the mandatory side yard setback is 13 feet. GEOGRAPHIC LOCATION: The subject property is located on the north side of 109th A venue North, further described as Lot 9, Unit 1, Block 2, Naples Park, per Plat Book I, Page 106, Collier County, Florida (see map on following page). PURPOSElDESCRIPTION OF PROJECT: The petitioner is requesting this variance in order to construct a professional office building on this lot, Lot 9, and to allow use of Lot 10 (west side) for off-site parking. The principal lot, Lot 9, is narrow and makes it difficult to develop the site for non-residential purposes as permitted in the C-3 zoning district. Additionally, the site is too small both to provide a decent building size for non-residential use and adequate parking and access. The minimum requirement for a lot width in the C-3 zoning district is 75 feet. This lot is only 50 feet wide. If approved, the reduced setback on the west side of Lot 9 will be used for a three-foot-wide building perimeter landscape area located between the proposed office building and the parking lot on Lot 10. This.reduced setback area and landscaping will be internal to the office development because the owner owns both Lots 9 and 10, and it will cause no impact to nearby residential properties. It will also allow the applicant to meet some of his space needs and to provide some of the on-site parking required by Section 2.3.4.11 of the Land Development Code (LDC). The east side yard will only be reduced by three (3) feet from the required 13-foot side yard setback and will cause no impact to the residential (commercially zoned) property abutting the east property line. Additionally, a six-foot-high wall will be required along the property line between the subject lot and the abutting property to the east. SURROUNDING LAND USE AND ZONING: Existing: The property is currently vacant and is zoned C-3. Surrounding: North - Single family home, zoned RMF-6. South - Single family home, zoned RMF-6. East - Residential, zoned C-3. ~ AGENOAITEM No. Bf9 J.:( OCT 2 4 2000 2 Pc. g'" West - Triplex, zoned RMF-6. GROWTH MANAGEMENT PLAN CONSISTENCY: The requested variance does not have an impact on this property's consistency with the County's Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability and has already been disturbed. Therefore, no HistoricaVArchaeological Survey and Assessment is required. EV ALUA TlON FOR ENVIRONMENTAL, TRANSPORT A TION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. The reduced setback will be enhanced by placement of a six-foot-high wall and a Type "A" Landscape Buffer, which will be placed around the perimeter of both Lots 9 and 10. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, special conditions and circumstances exist in that the site is small and narrow, and is nonconforming in width. The small lot is not ideal to a non-residential use such as proposed. The applicant cannot meet the parking requirements either by using Lot 9 solely or in conjunction with off-site parking proposed for Lot 10. Any proposed non- residential use will have little room to provide adequate space, parking, and landscaping if constructed on Lot 9 alone. The request, which is minimal, will permit the petitioner to provide a small office building with adequate parking space. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? AGENOAITEM No. .t<.7~J 'x OCT 2 4 2000 Pc. 9 3 Yes. The lot is small and very narrow for non-residential use. The LDC requires that certain non-residential parking standards be met that make it difficult to access the lot and to provide adequate buffering and landscaping. Nonnally, a lot width of less than 75 feet is not adequate for use of land for non-residential purposes. This lot is only 50 feet wide. Also, the Growth Management Plan does not allow a rezoning of Lot 10 because it is not located on a collector or arterial roadway, nor does it meet the depth requirements of established commercial zoning district. The lot is, therefore, too small to accommodate the proposed use. The applicant has met with staff twice to scale back the proposed development in order to meet parking requirements. The proposed office building is the minimal size needed to develop the property and the variances are the minimal variances needed. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? If this request is denied, a literal interpretation of the provisions of this Land Development Code would work undue hardship on the applicant. He will not be able to develop the land for a commercia] purpose for which it is zoned. It is unlikely that the lot would develop for non-residential purposes in the near future if this petition is denied. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The variance requested is the minimum variance which will allow the petitioner to reasonably utilize the lot and provide off-site parking to meet required parking, and to provide a minimum of building perimeter landscaping and buffers. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. Granting the requested variance would not be perceived as granting a special privilege to the petitioner that is denied to other lands, buildings or structures in the same zoning district because the narrow size of the commercial lot makes it more difficult to utilize than those lots meeting the nonnal commercial size requirements. There are a few small infill lots in this C-3 commercial district located along U.S. 41 North that may be faced with a similar situation as development pressure increases. The likelihood that these lots will need variances and/or off-site parking is high. AGEN.)A n'EM No.~ OCT 2 4 2000 4 PI. /' f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be in.~urious to the neighborhood, or otherwise detrimental to the public welfare:' -_/ It is staff's opinion, granting this variance will be in keeping with the general intent and purpose of the C-3 Commercial Zoning District. After considering all possible impacts, granting the requested variance would not be injurious to the area and it would not be detrimental to the public welfare. The petition has been reviewed by the Comprehensive Planning Section and other Planning Services Department Staff, and this request in conjunction with an off-site parking application is the most feasible way to develop the property and still get adequate design and buffering. The proposed office use will be a good, lower impact, transitional buffer area between the residential neighborhood and the commercial district fronting U.S. 41. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? The narrow size of the property makes it necessary to apply for this variance. h. Will granting the variance be consistent with the Growth Management Plan? The proposed variance and companion off-site parking petition have been reviewed by Comprehensive Planning and found consistent with the GMP. Furthermore, granting of the requested variance will not affect or change the requirements of the Growth Management Plan. J STAFF RECOMMENDA TlON: Staff recommends that the Collier County Planning Commission forward Petition V -99-29 to the Board of Zoning Appeals with a recommendation for approval with the conditions as stipulated in the Resolution of Adoption. AGENDA I~ /l o:~ pt. 1/ 5 -. " .-, .... / PREPARED BY: ~v~ R6BE T J. MULHERE, AICP PLANNING SERVICES DIRECTOR j. ~ VINCENT A CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRON. SVCS DIVISION 9 - S. OD DATE ~r-\\.-M DATE 4 - /(- -J?) DATE '7~t'/-OO DATE StaffReporI for the September 21, 2000 CCPC meeting. Note: This petition has been tentatively scheduled for the October 24, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: g~/!u RUSSELL A BUDD, CHAIRPERSON STAFF REPORTN-99-29/DJM 6 AGENDA ITEM No. ;OV7J;:( OCT 2 4 2000 pt. /.t . . . J VARIANCE PETITION (V ARlANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR FP.Wrffi3fl~i;-; '~': I uF-'~~'.- -~..__._- . , I DE::~. K:?~S ~; \ - .... ~H rr--ri";-~:T J . ~. Petition No. v 99- 29 Date Petition Received: ------------------------ Commission District: Planner Assigned: nnn..ln Mllrr"y OTI"'P ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: ~ Petitioner's Name: Larry J. and Marcy A. Gode Petitioner's Address: 5475 Shirley St., Suite 2, Naples, FL 34109 Telephone: 4 Q 1 4?"< 1 Agent's Name: William L. Hoover, AICP, Hoover Planninq & Dev., Inc. Agent's Address: 3785 AirDort Road N.. Snitp R Naplp". FT. 'l41n<; Telephone: 403-8899 Fax. N.:403-9009 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 ) AppU.ation for Varian.e Petition - 8/98 Pagel AGENlA ITEM No.~ 8 OCT 2 4 2000 PI. /<3 Complete the following for all Association(s) affiliated with this petition. (Provide additional ~ sheets ifnecessary) We are not aware of any associations. Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: '-' Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Naples Park Unit 1 Lot (s) 9 Block (s) 2 Twp. 48 Range 25 Property J.D. # 62410200001 Section 28 Metes & Bounds Description: NA (~ AGENDA ITEM No. ~).;< OCT 2 4 2000 Pi. /1(' , j Application for Variance Petition - 8/98 Page 2 0 8 . Address of Subject Property: (if different from Petitioner's address) 109th Avenue North ~ Current Zoning and Land use of Subject Parcel: C-3 Zoning/Vacant Adjacent Zoning & Land Use: ZONING LAND USE N C-3 Parkinq for Comm.IOffice Building S C-3 Duplex W RMF-h Vrtr"::lnt: (nwn~n hy pptitinnllOr) . J E C-3 Single-Family Home (Non-conforming) Minimum Yard Requirements for Subject Property: Front: 25 ' Comer Lot: Yes 0 No [iJ Side: 13' (Building Height) Waterfront Lot: Yes 0 No IiJ Rear: 1 5 ' . ~ Application for Variance Petition - 8/98 AGEND" ITEM ~~ OCT 2 4 2000 Page 3 8 Pi. /6' HOOVER PLANNING & DEVELOPMENT, INC. Rezonings, PUDs, PDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, and Feasibility Studies, Site Plans & Subdivisions '-' NA TURE OF VARIANCE PETITION December 23,1999 RE: V ARlANCE FOR PROPOSED GODE PROFESSIONAL BUILDING ON 109TH AVE. NORTH, NAPLES, FL Description of Request The applicant is proposing to develop a professional office building, that would partially be owner-occupied, on the northern side of 109th Avenue North about 275 feet west of U.S. 41. The applicant owns 2 vacant parcels that are both 50 wide and 135 feet deep. The eastern parcel is zoned C-3 and the western parcel RMF-6. The professional office building and most of the required parking would be located on the C-3 zoned parcel. The RMF-6 Zoned parcel would be utilized for the remainder of the required parking, some extra parking, and an area to provide substantial landscape buffering. .,-, A variance is being requested from the required side yard setbacks on the parcel zoned C-3. Since the C-3 Zoned parcel is non-conforming the side yard setbacks are governed by Section 1.8.2.8. of the Land Development Code, which permit the required side yard setbacks to be the height of the building (the petitioner has agreed to limit building height to 13 feet). More specifically, a variance is being requested along the eastern side yard of 3 feet to allow the building setback to be reduced from 13 feet to 10 feet. A variance is also being requested along the western side yard of 10 feet to reduce the building setback from 13 feet to 3 feet. The western side yard is also the common property line between the petitioner's extra parking and landscaping on the RMF-6 Zoned parcel and the subject C-3 Zoned parcel. 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land; structure or building involved. Yes, both the C-3 Zoned parcel and the abuning RMF-6 Zoned parcel are non-conforming. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes, both the C-3 Zoned parcel and the abutting RMF-6 Zoned parcel are non-conforming. 3. WiU a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. c Denial of this petition would force the petitioner to construct a very small building on the C-3 Zoned parcel with the parking in front of the building. The petitioner, who is a licensed commercial builder, has advised that the permitting and construction costs of such a would not be viable based on the value of the end result. "ITEM No. A.?~j ;< OCT 2 4 2000 3785 Airport Road North, Suite B, Naples, Florida 34105 . Phone: 941-403-8899 . Fax: 41-JJ&1 f)()oo/6 . . . 4. WiD the variance, if granted, be the mlDlmum variance that wiD make possible reasonable use of land, building or structure and which promote standards of health, safety or welfare. J Yes, the requested variance will allow the petitioner to construct a quality, aesthetic building that is commensurate with the newer buildings in this neighborhood. 5. Will granting the variance requested confer on the petitioner any special privilege(s) that is denied by those zoning regulations to other lands, buildings or structures in the same zoning district. No, several other variances have been granted on similar-sized C-3 Zoned parcels in Naples Park. 6. Will the granting of the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to tbe neigbborbood, or otberwise detrimental to the public welfare. Yes, the granting of the variance will permit the petitioner to construct a quality and aesthetic office building with substantial landscaping. This will assist this portion of Naples Park in transitioning to a better quality neighborhood. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of regulation such as natural preserves, lakes, golf course, etc. J No, not in this case. 8. Will granting tbe variance be consistent witb tbe growth management plan. Granting of this variance will be consistent with the growth management plan. Additionally, the proposed variance is easily compatible and complimentary with surrounding land uses as directed in Policy 5.4 of the Future Land Use Element. Sincerely, HOOVER PLANNING & DEV., INC. V.-n<. ';;7:' ~ William 1. Hoover, AlCP HP File #233-A20 AGENDA ITEM '*>.~) .~, OCT 2 4 2000 Pi. /7 ~ NOTARIZED LETTER OF AUTHORIZATION RE: Proposed Gode Professional Office Building, Located on the North Side of 109th Avenue North in Naples Park, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that Purse Associates, Inc., 4450 Bonita Beach Road, Unit 9, Bonita Springs, Florida 34134 and Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105 have been engaged by the property owners to act as authorized agents and to request necessary applications during the Off-Site Parking petition, Site Development Plan application, possible Variance petition, and related developmentall permitting processes for the subject project. ... STATE F FLQRIDA COUNTY OF fQili €\ The foregoing instrUl, ant was acknowledged before me this '3 ~ ~,,':,.-r , 1999 by ()"\c....rc.j P.- - (:-ad-€. persona II known to me or has produced . as identification an 0 did (did not) take an oath. day of who is ~- .~ 'Notary Public, State of Florida My Commission Expires: 5') 3/0 'J.. -"v P<cr. Lisa G. Smith .j'l:'f>CommissiM # ct 739179 . Upirea May 3. 2002 ~. 'I 90NDEDTHRII ""Ii Of '" OTLANllC BONDING CO.. INC. c --- OSP , };< OCT 2 4 2000 pt. Ie . Preoared bv and return 10: Dlanl M. Adam. Paralegal David J. Szempruch. P.A. 5100 lamiami Trail, Suite 201 Naples, Florida 34103 941-261-84B<l F.e No.: 9B<l72 Will Call No.: 2503602 OR: 2569 PG: 1580 RICORDID " a!PICIll neolDs of C11LLlII COlInl, IL 0111l/1ll! it 01:!211 DilGn I, 11OCI, CLIll COli mDUD ISC III IUD OOC-,lD 21UG aelll: ~ DmD J SlIMPlUCH IIID I TlMIIHI TR 1211 NIPLISrLll10l Grantee $.S. No. Parcelldentirlcation No. [Space Above Th~ Line For Recordtng Data) Warranty Deed "IATUTORY I'ORM. SECrION f>Il9.02, 1'.5.) Thhi Indenture made this 17th day of June. 1999 Betweell Donald E. Keller and Antoinette Keller, huaband and wlf. whose post office address ill 10680 6th Avenue N., Napl.., Florida 3-4101 of the County 01 CoUler. Stale of f:'torkIa, gr..... and laITY J. God. and Ibrey A. God., husband and wife whose post otnce addreaa iI se7! Shirley Str..t, '2, Napl.., Florida 34109 of the County of Conle" State of Florlda,~. Witnesseth that satd grantor, for and in COOIideraUon of the sum of TEN AND NO/100 OOl.LARS ($10.00) Ind other good and valuable considerations to said grantor in hand pa'd by said graotee, the receipt whereof" hereby acknowledged, has granted. bargained. and ao6d to the said grantee, and grantee's heirs and 811911 beYer,the following described land, situate, lying and being in Collier County, Florida, to-wit: . Lot 9, Block 2, Napl.. Park Unit No.1, according to the plat thereof, recorded In Plat BooII1, Page 108. Public Record. of Collier County I Florida. -.-/ Grantor WIlTant. that at the time of this conveyance, the subject property Is not the Grantor's homeslHd within the meaning set forth In the constitution of the state of Florida, nor Is It contiguous to or. Plirt of homestead property. Grantor's residence and homestead address is: 10680 6th Avenue M.. Naple&. Florida 34108. Subject to taxes for 1999 and subsequent ye.f'$; covenants, condItion.. restriction.. ..sementa, re.ervatlons and limitations of record, " any. and said grantOf does hereby tufty warranl the titMl to said land. and will defend the same agBiwt ~ deirnl 01 all persons whomsoever. '.Gran~ and -Grantee' .. used lor sJnouIar or Plural. as contelllreQuirn In Witness Whcrro{. granlor has hereunto set grantor's hand and seal the day and year first above wrlIen. -.~.; Signed, sealed and delivered in our presence: . ,/i~/ )d~8_') Donald E. Keller /1 2-..7: . ._ , .77:_ Antoinette Keller )('YiZ ./ Cs-J.I ~ITEM \ No.~:) J OCT 2 4 2000 Pi. 1'1 - " -. f~' \... The foregoing Instrument was acknowledged before me this 17th day of June, 1999 by Donald E, Keller, who is personally known to me or Ilas prOduced a Dnver's license as ldenllficallon. /',,-//f~ . L._ /. ~~~~Zd~U::: "\,-// -.-q .1'.~>""'~71~"'-<- My Commission Expires: STATE OF Florida COUNTY OF Collier [Nolary Seall STATE OF Florida COUNTY OF Collier Hi OR: 2569 PG: 1581 Ht .....c"-OavIllJSUtnpr\.al ~ ~. My COrTVlllUlon CC13ena ..1....~l EJplle, June 1, 2OQ2 The foregoing Instrument was acknowledged before me this 17th day of June, 1999 by Antoinette Keller, who is personally known to me or has produced a Dnver's License as identilicahon. {Notary Seal) ,o>#.,~ D<a1l.1l "" AdoIms .. {i}.1.ty curvr-liIOl'I CC700&7e "~ l E:of)lles Oec.embel1 2001 ...... 0<" Notary Publk: Printed Name: \I.J1f My CommIsSion Expires: ol'~,o.a.u....-.a.m. ..*..~~,. "'..,.~~t::lKemI:J" - ~.,. 1 ~h OCT 2 4 2000 Pi. -2/J . . . Ed Buckler 3596 Margina Circle Bonita Springs, Florida 34134 September 29, 1999 Mr. Larry Gode 5475 Shirley Street #2 Naples, FL 34109 RE: Gode Professional Office Building on 109th A venue North, Naples Park Dear Mr. Gode: As you are aware I am the property owner of the triplex directly to the west of your proposed parking area I would like to confirm in my writing that I support your project including your Off-Site Parking petition. Based on the site plan you have provided me (see attached) and your description of the proposed building, I believe your project will have a positive impact on my structure and the immediate neighborhood. I feel the 10' buffer along our common boundary, with 10 foot high trees spaced 20 feet apart and a 6' high fence or hedge, and another hedge on my side of your building, will provide more than sufficient screening between the 2 properties. Approval of your project will alleviate my concerns that the 2 neighboring 50-foot wide lots will be developed haphazardly due to the following reasons: I) The 50-foot commercial lot will be too small to have a building that will be attractive and be feasible in the future to be well-maintained. 2) The 50-foot wide residential lot, between my structure and the 50-foot wide commercial lot, will lend itself only to a small inexpensive home due to concerns of this connnerciallot. Sincerely, ~I /fa- ~ Eq ~ AGENDA ITEM No. ~Jd OCT 2 4 2000 PI. .2./ RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-99-29, FOR A VAJUANCE ON PROPERTY HEREINAFTER DESCRlBED IN COLLIER COUNTY, FLORlDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish. coordinate and enforce zoning and 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. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of both a 3-foot variance from the required 13- foot side yard setback to 10-feet on the east side and a 12-foot variance from the required 15- foot side yard setback to 3-feet on the west side of Lot 9 as shown on the attached plot plan, Exhibit "A", in a C-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity 10 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: The Petition V-99-29 filed by William L Hoover, AICP, of Hoover Planning & Development, Inc., representing Larry J. and Marcy A. Gode, with respect to the property hereinafter described as: Lot 9, Block 2, Naples Park Unit I, as recorded in Plat Book I, Page 106, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 3-foot variance from the required side yard setback of I3-feet to 10-feet and a I2-foot variance from the required side yard sethack of IS-feet to 3- feet as shown on the attached plot plan, Exhibit "A", of the C-3 Zoning District wherein said property is located, subject to the following conditions: Exhibit "B" which is attached hereto and incorporated by reference herein. -1- AGEMlA ITEM No. 1.f61).~ OCT 2 4 2000 pt. d),.!). BE IT RESOLVED that this Resolution relating to Petition Number V -99.29 be recorded in the minutes of this Board. This Resolution adopted after motion, second and major~~' vote. Done this day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA , CHAIRMAN Approved as to Form and Legal Sufficiency; ~i' I/I.~ Marjorie . Student Assistant County Attorney G:fV-99-:!:9 RESOLUT10NIDMlu .t.GENO" ITEM No. /3(fJ);< OCT 2 4 2000 -2- PI. 4.? . Cl Cl Cl OIC'1l .5: 10' e: QI E; ... _vQl oQ:.Q 01 ~...Eit QlQj"tl - ~ :> ~lli .0 ~ 0 Cl5~ e -.J~(/)~ QI . II) E "=. ~ "'l c: 01 -E~QI"'l <;: e: .11) C'Il 8'[: "tl"tl~.... '-...~ ~ ~Q::~ ,......" 0 0 '- ... "Qlt..:: .2 "'l ~ Qi'"- ~~ Q:Q:~~ C'Il . 15 c: .!? "'l tI>(I]....- :!QI-EQI'" "" U ...~ 00_ 0 "'Q. Q.. (fj 0I"tl- .... Ol .5: ~ 01 o 'tl's.5: . II ..::! " "tl u..... 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Q):J.........c::: tig1l' -~Ol- <:.0 ..... ~ Cb ,...., ...... i:: 0 0 ~ooc-::.c--.J 0::"-<::'15~ ~ _ 0 llJ ... 0 ::;:"''''l~...''''..... .c: - ~ <: llJ ::. c:: ~ '" .c: - Ol C) - QI U co: .... ~Ol o.S; '_ c: e~ QI E"1 E' oU U 01 Q)'~ E c: o~ ::t: 10 ~J. ~ 01 QI.5; eo: c:: o~ :t 10 ~I (/)~ Q:: AGEN>A ITEM No. ~) <:), OCT 2 4 2000 P,. .2tf CONDITIONS OF APPROVAL V.99.29 ../ This approval is conditioned upon the following stipulations: 1. All buffering and landscaping shall be reviewed and approved by the County Landscape Architect prior to site development plan review. 2. A hedge shall be planted within the side and rear buffers of both Lots 9 and 10. Such hedge shall be at least 80 percent opaque up to a height of at least 6.0 feet within I year of planting. Plants shall be a minimum of lO-gallon containers, 5.0 feet in height, 3.0 feet in spread, and spaced a minimum of 4.0 feet on center at planting. 3. If the proposed use is not approved or constructed, or if the primary use of the proposed business changes, the new development shall meet all applicable site development standards of the Land Development Code. ~ AGENDA ITEM - No. /.(Jf11 eX J OCT 2 4 2000 1'&. ~ Exhibit "8" . . . -. , , AGREEMENT I, , as authorized agent for Petition , agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on < >, 2000. PLANNlNG: PETITIONER OR AGENT STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement Sheet was acknowledged before me this _ day of 2000 by , who is personally known to me or who has produced as identification. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: REPRESENTATIVE FOR CCPC ~ OCT 2 4 2000 Pc, <fl~ . " , . . . ST ATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement Sheet was acknowledged before me this _ day of 2000 by , who is personally known to me or who has produced as identification. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: AGENDA ITEM Ncl. hf4) d OCT 2 4 2000 PI. .fl? .. -- EXECUTIVE SUMMARY PETITION OSP-99-3, WILLIAM L. HOOVER, AICP, REPRESENTING LARRY J. AND MARCY A. GODE, REQUESTING APPROVAL OF OFF-SITE PARKING ON PROPERTY LOCATED AT 109TH AVENUE NORTH, ALSO KNOWN AS LOT 10, BLOCK 2, NAPLES PARK UNIT 1, IN ORDER TO SERVE A PROPOSED OFFICE BUILDING TO BE LOCATED ON 109TH AVENUE NORTH, LOT 9, AS RECORDED IN PLAT BOOK 1, PAGE 106, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals render a decision to approve off-site parking to serve a proposed professional office building to be located on the adjacent commercially zoned lot to the east. CONSIDERATIONS: The subject lot is located approximately 325 feet west of Tamiami Trail North (U.S. 41) on 109'h Avenue North in Naples Park. The subject lot (Lot 10) is zoned RMF-6, Residential Multi-family, and abuts a C-3, Intermediate Commercial zoning district on its east boundary also owned by the petitioner. The petitioner is requesting a variance for Lot 9, which is a companion petition to this OSP petition. The petitioner is requesting the off-site parking in order to make it more cost effective to construct a 2,700-square-foot professional office building on Lot 9 and to provide the required amount of parking. Record lots in Naples Park are 50 feet wide and when subjected to a minimum required side yard of 15 feet on each side an owner cannot reasonably and economically utilize the lot for a commercial purpose. By combining both Lot 9 and Lot 10, also 50 feet wide, the owner hopes to provide a small office building with adequate parking area to serve the office. The intent of the OSP permit is to make possible greater utilization of commercially zoned property when a contiguous residential district may be utilized to allow up to 33 percent of the required parking spaces off-site. This proposal will allow 44 percent of the required parking spaces off-site (4 spaces). The difference between 33 and 44 percent in this case is caused by one parking space, which should be considered as having no impact to surrounding properties. Lot 10 will be able to accommodate up to nine parking spaces and Lot 9 will contain five spaces. Only nine total spaces are required by the LDC. Furthermore, the applicant has met withstaffto revise his site plan to meet County requirements and to meet his space needs. ,~ .. .' !-" .' IiGENDA~TEM ~ ,a~0 OCT 2 4 2000 PI. I - The proposed asp will also provide distance and buffering between the proposed commercial structure and the residential homes to the west. The owner of the tri-plex home located to the west of the proposed off-site parking lot has stated that he has no objection to either the variance or the off-site parking lot as requested. The owner of the commercially zoned residential lot which abuts the subject property to the east objects to this petition on the belief that Lot 9 is a buffer lot and should remain undeveloped providing a buffer between her commercial lot and the residential lot to the west of the subject lot. Another owner of an office building located further away to the southeast of the subject property objects to the variance, stating that it is unfair to other business owners who have developed their properties within the requirements of the LDC. Summarv Staff has determined that the request is minimal and will have little impact on neighboring properties or the public. If approved, the proposed off-site parking and companion variance petition will allow the applicant to build a small office building and to provide required and adequate parking for customers. The proposed off-site parking lot will also be limited to use for the proposed professional office building if both the subject variances and off-site parking petitions are approved. Without approval of these petitions, it may be unlikely that Lot 9 will be developed in the short term. The objections to the proposed variances based on the idea that the subject property is a buffer lot and should remain undeveloped are unfounded. Staff has investigated this claim and found no evidence that the lot should remain undeveloped and utilized solely as a buffer lot. The C- 3 zoning district was intended to be compatible with residential areas and there may be some confusion equating C-3 zoning to buffer zoning between higher intensity uses/roadways and residential neighborhoods. FISCAL IMPACT: This asp and companion variance petition by and of themselves will have no fiscal impact on the County. However, if this request meets its objective, the subject land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on 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 in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee colIections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. AGENOA ITEM No.' /-..1((1>'3 OCT 2 4 2000 .. ~ . .. .. ...... pt. J2. -1_ The following impact fees will be applicable to the proposed office project: . Fire Impact Fee: . Road Impact Fee: . Radon Impact Fee: . EMS Impact Fee: . Building Code Adm.: . Micro Film Surcharge: . Corrections Imp. Fee: $0.30 per square foot of building $2,453.00 per 1,000 square foot of building $0.005 per square foot of building $299.00 per 1,000 square foot of building $0.005 per square foot of building $1.50 per unit $1.326 per square foot of building Since this project proposes 2,700 square feet of office space the total amount of non- residential impact fees collected at build-out will total about $12,674.70. It should be noted that there is no guarantee that the project at build-out will have maximized their authorized level of development, therefore, the total impact fees may vary from this estimate. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas, utility fees are used on their proportionate share of impact to the County system. Finally, additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMP ACT: The approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL AND TRANSPORTATION ISSUES: No significant environmental impacts were found by staff, nor were any Level of Service standards determined to be affected by this request. AGENOA rTEM N/). B(II)3 OCT 2 4 2000 pt. J ~ "'" . . .. . I ~ HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map, and the site has already been developed. As a result, the applicant was granted a waiver to the Historical! Archaeological Survey and Assessment requirement. PLANNING SERVICES STAFF RECOMMENDATION: Staff assigned to the review of this petition found it consistent with the policies and objectives of the Collier County Growth Management Plan and the Land Development Code. Staff also found that the proposed variance request will cause little or no impact to any existing and future development as stated in Staffs Report to the Collier County Planning Commission on September 21, 2000; therefore, Staff recommends approval of OSP-99-3. ENVIRONMENTAL ADVISORY COMMITTEE: This petition was not required to be heard by the Environmental Advisory Committee. PLANNING COMMISSION RECOMMENDATION: At the September 21, 2000 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously on a motion to forward OSP-99-3, and the companion petition V-99-29, with a recommendation for approval with the conditions as stipulated in the Resolution of Adoption. - . ..... ., . .. AGENOA1TEM No. ,,('1(11) 3 OCT 2 4 2000 PII. tf PREPARED BY: 10 -5. ;;lC~~ DATE RE. WED BY: , Jt), oq, au DATE RO ALD F. 0, AICP CURRENT PLANNING MANAGER ~~HERE,AICP PLANNING SERVICES DEPARTMENT DIRECTOR If) - '-6- DATE APPROVED BY: ~ / . , -~---- ,('7;Y;.~</!! /,/ CENT A. CAUTERO, AICP, ADMINISTRATOR MMUNITY DEV. AND ENVIRONMENTAL SVCS. Ii tic c DATE Petition OSP-99-03 Gode Professional Building. Companion Petition is V -99-29. This petition is tentatively scheduled for the October 24, 2000 BCC meeting. '. . .""'0 ,,&t-lDA iTQol No. fiJ'ftJ) '3 '-- OCT 2 ~ 2000 pt. l.s' ~ ., . . . ..- , AGENDA ITEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: DECEMBER 2,1999 SUBJECT: PETITION OSP-99-03, GODE PROFESSIONAL BUILDING OWNER/AGENT: Agent: William L. Hoover, AICP Hoover Planning 3785 Airport Road N., Suite B Naples, FL. 34105 Owner: Larry J. & Marcy A. Gode 5475 Shirley St., #2 Naples, FL. 34109 REOUESTED ACTION: The applicant requests approval of a petition to allow for off-site parking spaces on Lot 10, Block 2, Unit I, of the Naples Park Subdivision. If approved, the petition would allow the owner to provide nine (9) off-site parking spaces for a professional office located on Lot 9, which abuts the east property line of Lot 10 also located in Section 28, Township 48 South, Range 25 East, of Collier County. GEOGRAPHIC LOCATION: The property proposed for off-site parking is located on the north side of 109th Avenue North in the Naples Park Subdivision approximately 300+ feet east of Tamiami Trail North (U.S. 41). See illustration on following page. "GEND" 1TEM3 . No. ..a (fJ) OCT 2 4 2000 PI. la (" t c~ ! . " ,r II I t z wQ t:tc ..0 9 ~'S'l'l 'WIlI.-... . ~ I ! I . .., I '" '" _m"" I I -.- IL II) 0 " z ~ 0 ~i ;:: ;:: W IL '-." ------- ...::::::::::::::-- -;-;:::::-- 0 , 0 u , , u , <r , w w , , : w :l , -' -' , 0 , u , , , (U.$.411 ,-- n~. ~ ! I J ~ n~ , ~ ii I " ig ~ ~ I i A A rrEM No. 3 OCT 2 4 2000 1 PURPOSEIDESCRlPTION OF PROJECT: The petitioner owns two small lots each with 50 feet of frontage on 109'" A venue North. One lot, Lot 9, is located in the C-3, Commercial, zoning district. The owner proposes to use it for a 2,700 square-foot professional office building. The other lot, Lot 10, is located in a RMF-6, Residential Multi-family, zoning district. The owner proposes to use it for off-site parking. Lot 10 is the subject lot for this petition. Due to the small size of Lot 9, and the fact that the property is required to have side-yard setbacks of 13 and 15 feet, redevelopment ofthis parcel is not cost effective without the approval of the requested off-site parking and approval of reduced side yard setbacks. The petitioner needs to obtain a variance to reduce the side yard setbacks to accommodate the proposed office building located on Lot 9 (see companion petition V -99-29). The proposed variance, if approved, will reduce the west side-yard setback from 15 feet to three (3) feet, and the east side-yard from 13 feet to 10 feet to better utilize the available space. Without approval of the asp and the variance requests, the proposed office use of Lot 9 will likely not take place. Furthermore, a rezoning of Lot 10 from RMF-6 to C-3 is not permitted due to the limitations imposed by the Growth Management Plan (GMP). The GMP requires that property proposed for a rezoning must front a collector or an arterial road. The Future Land Use Element also requires that such rezoning be the same in depth as the already established commercial district. Lot 10 exceeds that depth by 50 feet and the closest arterial is U.S. 41 which is separated from the subject lot by other properties. Therefore, Lot 10 does not qualify for a rezoning. Approval of an off. site parking request will allow the petitioner to use Lot 10 for professional office use without rezoning the residential lot to C-3 commercial. By approving an aSP, the RMF-6 zoning will still be in effect for the subject lot and the proposed parking area would create a much greater buffer and separation between the proposed office building and neighboring residential property to the west. With regard to the reduced buffer, the Board of Zoning Appeals is allowed to reduce buffers per Section 2.3.4.11.g. of the LDC when it deems the specific buffer is not necessary. In this case, the petitioner proposes reducing a 15-foot landscape buffer to 10 feet with a six-foot-high hedge along the property boundaries. The reduced buffer should not create any impacts to neighboring properties. The owner of the abutting residential triplex located to the west of Lot 10 has no objections to the off-site parking and a reduced buffer (see Buckler 9-29-99), and he believes it will have a positive impact on his and other nearby property values. Furthermore, the petitioner has agreed to placing additional trees and landscaping along the perimeter of the property. Staff recommends that the BZA should approve the reduced buffer. The intent of the asp permit is to allow existing non-conforming commercial developments, especially those with small lots, to use an adjacent residential lot to alleviate an existing parking problem by installing up to 33 percent of the required parking spaces off-site. However, in ... ~ . . .. ...,. ".--' ....Ga4)A IlaI No. L1(4l3 OCT 2 4 2000 2 PII. f? several occasions in the past, requests which differed from the strict requirements of the Code were approved by the Board of Zoning Appeals. Section 2.3 .4.11.5.e. of the LDC specifies that the Board of Zoning Appeals may reduce this requirement for employee parking if the amount of employee parking does not exceed IS percent of the off-site parking. The petitioner has stated that employee parking will be provided on the subject lot but such employee parking will not exceed the 15 percent rule (I to 2 spaces), therefore, qualifying it for a reduction of the above requirement. This proposal will allow 44 percent of the required parking spaces off-site (4 spaces). The difference between 33 and 44 percent in this case is caused by one parking space, which should be considered as having no impact to surrounding properties. Lot 10 will be able to accommodate up to nine parking spaces and Lot 9 will contain five spaces. Only nine total spaces are required by the LDC. Furthermore, the applicant has met with staff to revise his site plan to meet County requirements and to meet his space needs. He has reduced his building plans from 3,036 square feet to 2,700 square feet to try to accommodate County requirements while still providing usable office space. This request is the minimum proposed. SURROUNDING LAND USE AND ZONING: Existing Conditions: The property proposed for off-site parking is currently vacant and is zoned RMF-6. Surrounding: North - Single family home, zoned RMF-6. South - Single family home, zoned RMF-6. East - Vacant commercial, zoned C-3. West - Triplex, zoned RMF-6. GROWTH MANAGEMENT PLAN CONSISTENCY: Section 2.3.4.11., Locational Restrictions, states that where off-site parking is proposed for commercial uses, all of the lots proposed for off-site parking must meet the Locational requirements for commercial uses as identified in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Approval of this petition does not constitute a rezone, but rather will only permit the off-site parking as depicted on the attached site plan labeled Exhibit "A", or any use which is permitted in the RMF-6 zoning district, should the off-site parking agreement be rescinded at any time in the future. Furthermore, the subject lot meets the requirements of the FLUE as discussed in this report (see "PUlpose"). EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: This petition has been reviewed by all of the appropriate County agencies assigned jurisdictional oversight, none of which have offered any objection to this petition. Traffic impacts will be minimal, but no greater than what is already permitted. ~3 OCT 2 4 2000 Pi.~ -. > ... .0:; a.- . .. .. : 3 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map, and the site is already disturbed. Therefore, no Historical! Archaeological Survey and Assessment is required. However, 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 an historic 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. ANALYSIS: There are six requirements that must be satisfied in order to be granted approval of off-site parking. These requirements are as follow: a. All of the lots are under the same ownership; All lots are under the ownership of Larry and Marcy Gode. b. No off-site parking space is located further than three hundred feet (300') from the building or use they are intended to serve, measured by the shortest feasible walking distance, unless special circumstances exist under Section 2.3.4.11.5; The furthermost off-site parking space is within approximately 40 feet from the existing and proposed commercial building. c. The lots are not separated by an arterial roadway as designated in the Traffic Circulation Element ofthe Growth Management Plan; The lots are not separated by an arterial roadway, there are adjacent properties with a common property line. d. At least sixty-seven percent (67%) of the required parking for the development is located on the lot with the principal structure unless special circumstances exist under Section 2.3.4.11.5; Of the nine (9) parking spaces required for the proposed professional office use, four (4) spaces will be located on the residentially zoned property (Lot 10) as off-site parking. The remainder will be located on-site (Lot 9). The lot is narrow and does not provide adequate width to serve both the proposed use and parking and access needs as required by the Land Development Code; therefore, the application should be considered in compliance with this . - '. .. . ~ .. . AGENDA ITEM No. nfll)3 OCT 2 4 2000 4 PI. II) requirement. The difference between meeting the parking requirements as required under this section are the result of one parking space. Even if the applicant could meet the requirement to provide one more parking space on site, the off-site parking lot will not change. It will still be utilized mostly for off-site parking. Furthermore, Section 2.3.4.11.5.e. of the LDC specifies that the Board of Zoning Appeals may reduce this requirement for employee parking if the amount of employee parking does not exceed 15 percent of the off-site parking. The petitioner has stated that employee parking will be provided on the subject lot but such employee parking will not exceed the 15 percent rule (1 to 2 spaces), therefore, qualifYing it for a reduction of the above requirement. This proposal will allow 44 percent of the required parking spaces off-site (4 spaces). The difference between 33 and 44 percent in this case is caused by one parking space, which should be considered as having no impact to surrounding properties. Lot 10 will be able to accommodate up to nine parking spaces and Lot 9 will contain five spaces. Only nine total spaces are required by the LDC to meet parking requirements for the proposed 2,700 square-foot office building. e. The off-site parking will serve an existing structure or land use. The off-site parking will serve a new office building; however, the office building is located within an existing C-3 Commercial district. f. The off-site parking facility shall be designed to mitigate any negative effects of this parking facility on neighboring residentially zoned property. Mitigation shall include, unless specifically determined by the Board of Zoning Appeals not to be necessary: 1. No vehicular egress shall occur on local streets opposite of residential homes or within the building lines of unimproved single-family residentially zoned property. No access point will be within the building lines of the adjacent properties. 2. Lighting shall be shielded, pointing downward, and not over 20 feet in height so as to prevent glare upon all neighboring properties. This requirement has been incorporated into the resolution. 3. A IS-foot-wide landscape buffer strip shall be provided around the entire perimeter where it directly abuts residentially zoned property. A six-foot- high fence, wall (architecturally finished), hedge or berm combination and 10 foot tall shade trees spaced no more than 20 feet apart on center shall be required. The applicant proposes a IS-foot landscaped buffer along the north property boundary of Lot 10, but only a IO-foot buffer along the west and south boundaries. The applicant has increased the landscaping at the southwest comer of lot 10, and it will contain . . '....,. ':. .. . '~fJ(:i3 OCT 2 4 2000 Pg. // 5 "'^ landscaping and an additional tree. A six-foot-high fence will also be installed along the property lines. Furthermore, the property owner of the adjoining property has no objections to a reduced buffer along his property line. The attached conceptual site plan indicates that the petitioner designed the parking lot in accordance with those requirements. The reduced buffer has been reviewed by the County Landscape Architect and has determined that the proposed changes are acceptable. It will be staft's duty to make sure that the approved SDP is in full compliance with the requirements of the Land Development Code. REVIEW CRITERIA: Staffs recommendation to the Planning Board, as well as the Planning Board's recommendation to the Board of Zoning Appeals shall be based on the following review criteria set forth in Section 2.3.4.11.6 ofthe Land Development Code: a. The proposed off-site parking facility, including the ingress and egress is safe and convenient for motorists and pedestrians; The proposed parking lot will provide a driveway connection onto 109th Avenue North. Most traffic will be safely directed to U.S. 41 North. b . The proposed off-site parking facility does not adversely impact the character and quality of the neighborhood nor will hinder the future development of surrounding properties; Where off-site parking is proposed adjacent to residentially zoned property, buffering and landscaping are required pursuant to Section 2.3.4.II.4(g) of the Land Development Code. In the opinion of staff, this landscape buffer will provide an adequate buffer between the proposed off-site parking facility and the residentially zoned properties adjacent to the said parking facility. Furthermore, the abutting property owner has no objections to a reduced 1O-foot buffer without a wall. Staff will review the Site Development Plan for conformance with these requirements and for compatibility with neighboring properties. c. Approval of the petition will not create parking problems for any neighboring property; Approval of this request will not create parking problems. d. Other more viable parking solutions are not available to the petitioner. There are no other more viable parking solutions available within the neighborhood to provide adequate parking for this building. . AGENDA ITEM No. ~f1}3 OCT 2 4 2000 6 Pa. /at STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward Petition OSP-99-03 to the Board of Zoning Appeals with a recommendation of approval subject to the stipulations listed on the Resolution of adoption and Restrictive Covenant. ...-/ AGENDA ITEM No. . L1(,4) 3 . . 7 OCT 2 4 2000 PI. ;( f . " .. ~ ),.~ PREPARED BY: RE WED BY: RO ALD F. 0, AICP, MANAGER CURRENT PLANNING SECTION ~U~~ ROBER J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT 7JCB;. ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the September 21,2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: i?JfAJ! RUSSELL A. BUDD, CHAIRMAN OSP-99-03 GODE/STAFF REPORTmJM . t-: 8 '-.5-00 DATE ~ DATE q //lerJ DATE 0;- <" /~tJa DATE ... '. .-. 1,GENOA ITEJir No. .<Jf;J) 3 OCT 2 4 2000 Pg. /1 Nov O~ 99 01:31p B. Hoover (9~1) 403-9009 p.2 -- i . ,--.., - /'- .-;-,..... ~-.,~ OFF-SITE PARKING APPLICATION (OSP) '.'1 ~:--,- >;;,..,~, BOARD OF ZONING APPEALS DETERMINATION..;---'--'---'~' . " O~P99-03....... .';, ',C- '-;S] ,:j PETITION NO. (ASSIGNED BY STAFF) DATE\~~-=--:.:--=~.:::~sr0 (ASSIGNED BY STAFP) ---------~--------~----- SOP NO. NAME AND ADDRESS OF BUSINESS TO BE SERVED BY OFF-SITE PARKING Proposed Gode Professional Building, 109th Avenue North. LEGAL DESCRIPTION OF BUSINESS LOT 9 BLOCK 2 UN:IT Naples Park Subd. SEe 28 '1'WP 48 RANGE 25 LEGAL DESCRIPT:ION OF OFF-SITE LOT 10 BLOCK 2 UNIT 1 Naples Park Subd. PARKING LOT SEe 28 '1'WP 4A RANGE 25 PETITIONER'S NAME t,arrv J. and Marcv A. Gode . PETITIONER'S ADDRESS 5475 Shirley St. . t2. Naolp-s. FT. 3410Q TELEPHONE 591-4231 AGENT I S NAME William L. Hoover, AICP, Hoover Planninq AGENT'S ADDRESS 3785 Airport Road N., Suite B, Naples, FL 34105 TELEPHONE 403-8899 ZONING ON PROPOSED OFF-SITE PARKING LOT RMF.,.6 ! ZONING/LAND OSE ON PROPERTY ADJACENT '1'0 PROPOSED OPP-S:ITE PARKING LOT. ZONING LAND USES N RMF-6 Single-FamilY Home S RMF-6 Sinqle-Familv Home E C-3 Vacant W RMF-6 Triplex e. -.zONING Oll' LOT THE OFf,..5-1:1.'E ,PARIrnfG _IS PROPOSED 'rq ;;ER~._ c- , 1.GENOA ITEM No. 4j}) 3 OCT 2 4 2000 PI_ .15' -1.- I . . . TYPE OF LAND USE THAT OFF-SITE PARKING IS PROPOSED TO SERVE (EXAMPLE: MEDICAL OFFICE, RESTAURANT, ETC.) Professional Office. PARKING FORMULA REQUIRED FOR ABOVE REFERENCED USE (I.E. 1 SPACE PER 250 SQ. FT.) PURSUANT TO SECTION 2.3.14 OF COLLIER COUNTY LAND DEVELOPMENT CODE. 1 per 300 square feet. TOTAL NUMBER OF PARKING SPACES REQUIRED FOR ABOVE USE 10 TOTAL NUMBER OF PARKING SPACES LOCATED ON SITE t OF TOTAL REQUIRED O~ TOTAL NUMBER OF PARKING SPACES PROPOSED OFF-SITE 10 o DISTANCE OF PROPOSED OFF-SITE PARKING LOT TO SUBJECT BUSINESS 50 feet. (MEASURED BY SHORTEST FEASIBLE WALKING DISTANCT) BRIEF NARRATIVE SUMMARY OF WHAT YOU ARE PROPOSING: See attached narrative letter. .. s .'."'... ..' -2- - - , . . .. ---- AGENDA ITEM NO. :I;{tf> 3 OCT 2 4 2000 Pg. /b . . . NOTARIZED LETTER OF AUTHORIZATION RE: Proposed Gode Professional Office Building, Located on the North Side of 109th Avenue North in Naples Park, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that Purse Associates, Inc., 4450 Bonita Beach Road, Unit 9. Bonita Springs, Florida 34134 and Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105 have been engaged by the property owners to act as authorized agents and to request necessary applications during the Off-Site Parking petition, Site Development Plan application, posSible Variance petition, and related developmentall permitting processes for the subject project. STATE F FLORIDA COUNTY OF (lotli €r' The foregoing instrument was acknowledged before me this '3 ~ ~l)",,"- , 1999 by{Y\o..rLj ~ - (,-Cfr-J-e. personall known to me or has produced as identification ~n 0 did (did not) take an oath. day of who is ,r>V p~ Lisa G. Smith <f:&'6Commission # CC 739179 ~ 'J EJpires May 3, 2002 ~ IlONOEO THRU 'If OF '" _n.J.tmC 1lON00NG CO..INC ~- /.a0' -Notary Public, State of Florida My Commission Expires: 5'/3/0<) _.- .-' .... -...-.- A ITEM .' No. ;(.f( II) 3 ~ . OCT 2 4 2000 Pi. /1 ~ "OS p '..... ., . . Preoared bv and return 10: Diana M. Adams Paralega' David J. Szempruch, P .A. 5100 Tamiami Trail, Suite 201 Naples, florida 34103 941.261-8484 File No.: 98472 Will Call No.: 2503602 OR: 2569 PG: 1580 RICORDID In GIIICm RlCOIDI of COLLI!! CODl!!, 1L 07!l2!19llatO:::lP!.VIGII!!.!iOCl,CLIil COil moo,oo RlCIII ID.50 00C',70 171.50 Retn: ~AVIDJmIlmCH 5100 II lAKml ~,. 1101 H!!LII 1L lm; Grantee S.S. No. Parcel Identification No [Space Above This line For Recording Data) Warranty Deed {STATUTORY FORM. SEcnON M902, FS) This Indenture made this 17th day of June, 1999 Between Donald E. Keller and Antoinette Keller, husband and wife whose post offICe address is 10680 6th Av.nue N., Naple., Florida 34108 at the County of Collier. State of Florida. gran~. and Lany J. God. and Marcy A. God., husband and wife whose post office address is 5475 Shirley Stre.t, '2, Napl.., florlda 34109 of the County of Collier, State of Florid., grantee'", Witnesseth that said granlor, for and in consideration of the sum of TEN ANO NO/100 DOLlARS ($10.00) and other good and valuable considerations 10 satd granlor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained. and sold 10 the said gran lee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in ColII.r County, Florida, to--wit: . Lot 9, Block 2, Napl.. Park Unit No, 1, according to the plat th.,eof, recorded In Plat Book 1, Page 106, Public Records at Collier County, Florida. Grantor warrants that at the time of this conveyance, the subject property Is not the Granlo"'s homestead within the m..nlng set forth In the constitution of the state of Florida, nor Is It contiguous to or I part of homestud property. Grantor's residence and homestead address Is: 10680 6th Avenue N., Napl.., Florid. 34108. Subject to tax.. for 1999 and subsequent years; covenants, conditions, restrictions, euem.nta, reservations and limitations of record, If any. and said grantor does hereby furty warrant the tiUe to said land. and will defend the same ~t lawful ciaims of aU persons whomsoever. . -GranlOt'" and -GrvItee-.. used fOl" singular or plural. as context requif8S. In \Vitness Whereof, grantor has hereunto sel grantor's hand and seal the day and year first above wrinen. Signed, sealed and delivered in our presence: - d7~/ )it/~S..l) ~onald E. Kell.r I> ,./.?" 7- . ..--JT~ Antoinette Keller J{YP, ./ lS.el) IIGENOA ITEM N4. .-<(/}) 3 OCT 2 4 2000 IJ' Pi. w.- *** OR: 2569 PG: 1581 *tt . STATE OF Florida COUNTY OF Collier J The foregoing Instrument was acknowledged befOfe me this 17th day of June, 1999 by Donald E. Keller, who is personally known 10 me or has produced a Driver's license as IdenllficallQn. //, _/?".' ,c/ ./ . ".~ L...""-L- Nolary Public ., - /1' ., I Printed Name: '\<// ,."l>.{. '~~,.......,~....w:...,\.- My CommIssion Expires; [Notary Seal} "'''6'll.1~KJJSJ.mpn.ot *"".MY COIMllUIOncc738na \"1"....~. EJpor.. June I. 2Q02 STATE OF Flonda COUNTY OF Collier The foregoing instrument was acknowledged before me this 17th day of June. 1999 by Antoinette Ketler. who is personally known to me or has produced a Driver's license as Identificatlon. {Notary Seal} 1...0.... O..nil M Adlms ..FS.t.tyCo,mIlllIOl'iCC111067t ".~;E1plle,oec.embef7200' ........ Y.", Notary Public Printed Name: ",JIf My Commission Expires: .......o.'OII~t.lA~"'- *~.. My Comnn$lc;ll . \.;..::1' Elcwn Oeeemt'.' . ,--/' . ,7 --' .-- AGENOA IrEM No. /,(';(/1) :3 OCT 2 4 2000 Pi, /q ',--/ " " ,,-/ j ~ Ed Buckler 3596 Margina Circle Bonita Springs, Florida 34134 September 29, 1999 Mr. Larry Gode 5475 Shirley Street #2 Naples, FL 34109 RE: Gode Professional Office Building on 109th Avenue North, Naples Park Dear Mr. Gode: As you are aware I am the property owner of the triplex directly to the west of your proposed parking area. I would like to confirm in my writing that I support your project including your Off-Site Parking petition. Based on the site plan you have provided me (see attached) and your description of the proposed building, I believe your project will have a positive impact on my structure and the immediate neighborhood. I feel the 10' buffer along our common boundary, with 10 foot high trees spaced 20 feet apart and a 6' high fence or hedge, and another hedge on my side of your building, will provide more than sufficient screening between the 2 properties. Approval of your project will alleviate my concerns that the 2 neighboring 50-foot wide lots will be developed haphazardly due to the following reasons: 1) The 50-foot commercial lot will be too small to have a building that will be attractive and be feasible in the future to be well-maintained. 2) The 50-foot wide residential lot, between my structure and the 50-foot wide commercial lot, will lend itself only to a sma1I inexpensive home due to concerns of this commercial lot. Sincerely, ~I 7la . ~ Eq ~ AGENOAPaI HA.//(913 OCT 2 4 2000 ...........-,...- - Pt. ~O ~~ .. ." ".-. . It ~ ._.J RESOLUTION 2000-_ RELATING TO PETITION NUMBER OSP-99-03 FOR OFF-SITE PARKING ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and 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.9 I -1 02) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of off-site parking, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of Petition OSP-99-03 and off-site parking as shown on the attached plot plan, Exhibit "A", in an RMF-6 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3.5.3, Section 2.7.5 and Division 3.3 of the Collier County Land Development Code, for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting 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 filed by William L. Hoover, AICP, representing Larry J. and Marcy A. Gode, with respect to the property hereinafter described as: Lot 10, Block 2, Unit 1, Naples Park, as recorded in Plat Book I, Page 106, of the Public Records of Collier County, Florida. be and the same hereby is approved for Off-Site parking as shown on the attached plot plan, Exhibit "A", of the RMF-6 zoning district wherein said property is located, subject to the following conditions: Exhibit "B" BE IT RESOLVED that this Resolution relating to Petition Number OSP-99-03 be recorded in the minutes of this Board. ,. ~ .. e. .. -1- - ..-.... AGENOA ITEM.. No.~ OCT 2 4 2000 Pl. ~/ ~ RESOLUTION 2000-_ RELATING TO PETmON NUMBER OSP-99-03 FOR OFF-SITE PARKING ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land DevelopmenI Code (Ordinance No. 91- 102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of off-site parking, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of Petition OSP-99-03 and off-site parking as shown on the attached plot plan, Exhibit" A", in an RMF-6 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3.5.3, Section 2.7.5 and Division 3.3 of the Collier County Land DevelopmenI Code, for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting 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 filed by William L Hoover, AlCP, representing Larry J. and Marcy A. Gode, with respect to the property hereinafter described as: Lot 10, Block 2, Unit I, Naples Park, as recorded in Plat Book I, Page 106, of the Public Records of Collier County, Florida. be and the same hereby is approved for Off-SiIe parking as shown on the attached plot plan, Exhibit "A", of the RMF-6 zoning district wherein said property is located, subject to the following conditions: Exhibit "B" BE IT RESOLVED that this ResoluIion relating to Petition Number OSP-99-03 be recorded in the minutes of this ~oard. ~ ..... 't- ., . -1- - AGENOA ITEM No.df1J2 OCT 2 4 2000 PI. ~ Done this day of This Resolution adopted after motio~ second and majority vote. ,2000. ATIEST: D~GHTE.BROCK,CLERK Approved as to Form and Legal Sufficiency: ~ Th. {Jt2ului Marjori . Student Assistant County Attorney g:admin/RESOUITION/OSP-99-03/DMIU ~ BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN : "0" ":" ., . -2- -j ~./ ,. 'AGENDA~TEM No. 4t1J :3 OCT 2 4 2000 Pi. !)3 g o o,~ .!; lQ I:: {lJ!t ~Q..~o, ~ ~;t t; t- ~ ~~ __ ~OQ)~ ~ ....,;glJj: Qj . lIj E t:. "ti .., (:0,~~1Il~ <S s::: .~ ., u'i:; ~~~, o~~Q:;CIJ ;>"I'\j 0 0 "'= ~ "'> ~ ~~ 4: ~(, ~~~~ ~ U -I::: c:i - . '~Oi' ........, In 0.... . I:: 1Il In 0 - s;:- ~ 0"'... 0"..: . 0 0 -./..... It)~ c'i E - ~~ o,Cti :s .........--.s:. E oo,....E:- '- \.. I:: 0 \.. li "- ~~.....~Q) ~ 0"'=-1::: I::(jj .... :::s c;, 0 It)lt) E::Ql'_ ~ \.. ,!:~-05....~ I ~ I:: I 0 I:: o If I If ..... 0, ~'l:i ..... .l::"S ~ "'>1::....1Il0'~ ...0 I o o "t)'-"'= 00 ~~~Vi~.2 \F~ ~ "ti t; ~ ~ 'S o "'> e "(;jtrJ\-"-" .A: ~1Il~~... ~ "'~ ~~ ~ Ov_o ~ c'::J}0,~- .~ ....O"!;~O' v o ~'s,!; ~ . " ~ o~ - 0....::. ~ " 1::1:1:13 ""Ci 0.... I:: 0 ti-g ~ "ti - "ti Q:; lI),,~ lb In CIJ n. Q) "_ - OJ - " ~00::.'80'8~ ~ \;;: t:>-In 0 In Ql Q..~C5~CSJ}CS_ M<<Ot,HJN o I/) t; o :S ~ ^~ . ,,- . 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D.S= trJ .,~.. ~..........: QJ ~ OQJ :,E Q)Qjo t:>-lb....;tJ....~ ~....Oii; Q.. ~~ :S I- 0, lb I:: Eo'" f2.!; Olb-ClI ~:Sb1liO~ -;t v ~'~lIlo 0:S Q)tJ......Q)_ Lu::'.c: . G 1.>"0. ....~o, ~.~ ~.::? QJ-..... ~~oE. g'/::.3 s.... ~ 0 ~ .OQJ....O :s:",,,,>~"""""'" 0. QJ.S E I:: o~ ::J::: <0 ~I lI)~ Q:: . AGENoAITEM No. -<7f4} 2> OCT 2 4 2000 Pi, #1 ------ CONDITIONS OF APPROVAL OSP-99-03 J This approval is conditioned upon the following stipulations: 1. The applicant shall bear the cost of recording the restrictive covenant in the public records of Collier County. and shall provide a copy of the recorded document to the Planning Services Department prior to the final SDP approval. 2. Lighting shall be designed to shield streets and all adjacent properties from direct glare, excessive light, and hazardous interference with automotive and pedestrian traffic. 3. The proposed parking area shall be surfaced with asphalt or concrete and striped accordingly. 4. A IS-foot landscape buffer shall be maintained along the north property line of Lot 10, and a lO-foot landscape buffer with enhanced landscaping, as specified by the County Landscape Architect at time of the site development plan review, shall be maintained along the west property line of Lot 10. 5. A hedge shall be planted within the side and rear buffers of both Lots 9 and 10. Such hedge shall be at least 80 percent opaque up to a height of at least 6.0 feet within I year of planting. Plants shall be a minimum of lO-gallon containers, 5.0 feet in height, 3.0 feet in spread, and spaced a minimum of 4.0 feet on center at planting. ~-~ 6. This approval shall be contingent upon approval of variance request V -99-29. 7. The approval of this petition for off-site parking is for the proposed office use located on Lot 9. Any use of the subject property for other than parking for office use shall require a new off-site parking petition to be submitted to and approved by the Board of Zoning Appeals. . AGENDA ITEM No. ffft)~ OCT 2 4 2000 p&.M -. Exhibit "8" \.. ~ -- ( ..... RESTRICTIVE COVENANT AND OFF-SITE P~RKING AGREEMENT This Agreement is made and entered into this day of , 2000, by and between Larry J. and Marcy A. Gode, and the Collier County Board of Zoning Appeals (the "BoardN). RECITALS WHEREAS, Petitioner is the owner of Lot 9 on l09tll Avenue, North Naples, Florida, (hereinafter the "Subject Property"), more particularly described as: Lot 9,Unit 1, Block 2, Naples Park, according to the plat thereof, as recorded in Plat Book 1, Page l06,of the Public Records of Collier County, Florida: and WHEREAS, Petitioner wishes to operate off-site parking on land which petitioner also owns; and more particularly described as: Lot 10, Unit 1, Block 2,Naples Park, according to the plat thereof, as recorded in Plat Book 1, Page 106, of the Public Records of Collier County, FIor ida; and WHEREAS, the proposed off-site parking does not adversely impact the character and quality of the neighborhood nor hinder the proper future development of surrounding properties; and WHEREAS, the proposed off-site parking is in conformance with all of the criteria set forth in Section 2.3.4.11.4 of the Land Development Code; and WHEREAS; the proposed off-site parking will provide new parking spaces which will serve to provide the necessary parking for the Subject Property; and WHEREAS, the Board has passed Resolution No. 2000-_____ attached hereto as Exhibit "AN, relating to Petition OSP-99-03, approving the proposed off-site parking. NOW, THEREFORE, in consideration thereof, the (Petitioner); (owner of parking faCilities) and BCC agree: .. .. AGENDA ITEM PlIO. >qIlY3 OCT 2 4 2000 .. . 0.. .. -1- Pi. r9{; J ( . 1. 7he above recitals are true and correct and incorporated herein by reference. 2. That the proposed off-site parking area shall never be encroached upon, used, sold, leased, or conveyed for any purpose except for use in conjunction with the Subject Property and used so long as the off-site parking facilitates are required and that this Agreement constitutes a restrictive covenant. 3. That the petitioner shall bear the expense of recording the Agreement in the Official Records of Collier County which shall bind the property owner and his heirs, successors and assigns. 4. That the petitioner abide by all of the conditions and stipulations described in Resolution No. 2000- and by the Site Plan noted as Exhibit "A" attached hereto and incorporated by reference herein. 5. That all of the requirements for a Board of Zoning Appeals determination for off-site parking reference in Petition OSP-99-03 . have been met and approved by Planning Staff. 6. This Agreement shall remain in full force and effect unless and until terminated by the Board under item 7 or 8 below. 7, This Agreement shall be voided by the Board if other off-site parking facilities are provided in accordance with the requirements of Division 2.3, Collier County Land DeveloPment Code. '.'. 8. That upon failure to conform to any of the provisions of this .1: Agreement or the attached Agreement Sheet, this Restrictive Covenant and Off-Site Parking Agreement shall be voided by the Board and the Petitioner shall be required to conform to all zoning regulations as contained in the Collier County Land Development Code. . ,.~ . o. .. "-".' No: ;3 ~/ -2- OCT 2 4 2000 Pi. ,} '/ . . ,- . - .. ....'" IN WITNESS ~HEREOF the parties hereto have set their hands and seals the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA , Chairman Witnesses: PETITIONER: Witnesses: PETITIONER AND OWNERS OF LAND UPON WHICH OFF-SITE PARKING FACILITIES ARE TO BE LOCATED: Appr<lved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney *****...* STATE OF FLORIDA 55. COUNTY OF COLLIER The foregoing Restrictive Covenant Off-Site Parking Agreement was acknowledged before me by Petitioner and owner of property upon which Off-Site Parking to be located SWO~~ :0 AND SUBSCRIBED before me this , 2000. day of Notary Public Printed, Typed or Stamped Name . '. ... '-~ .~. Commission Number ~np)3 01:LZ,4 2000 :'"'~~'''>~3 ~.-.."..'.- ':: L .".~:.- '-. .' -"-'-- __, -.. loT" -3- ~. EXECUTIVE SUMMARY APPROVE AMENDMENT NO.1 TO THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE RECONSTRUCTION OF THE NAPLES PIER. Obiective: To obtain approval of an amendment to a 1999 Tourism Agreement to enable reimbursement to the City of Naples for additional costs associated with reconstruction of the Naples Pier. Consideration: On June 8, 1999, Collier County entered into a 1999 Tourism Agreement with the City of Naples regarding the reconstruction of the Naples Pier. Subsequently, the City of Naples applied to the Tourist Development Council and the Board of County Commissioners to use Tourist Development Tax funds for additional costs associated with reconstruction of the outer half of the Naples Pier. The Tourist Development Council and the Board of County Commissioners recommended approval of said application on April 17, 2000 and June 13, 2000 respectively. In accordance with establish policy, the Board of County Commissioners shall enter into a contract with the recipient ofthe tourist tax funding. The attached amendment to the original agreement has been prepared for such purpose. FiscaIImnact: Pursuant to approval of the TDC funding application by the Board of County Commissioners on June 13,2000, [Agenda Item 8(A) (10)] funds in the amount of$75,000.00 were appropriated in the FY 99/00 budget for this purpose. Due to the timing associated with obtaining the executed agreement from the City of Naples, these funds could not be encumbered during FY 99/00. Therefore, approval ofa budget amendment is necessary whereby these funds will be transferred from the reserves of Fund 195 and be re-appropriated in FY 00/0 I. Growth Manae:ement Imnact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: 1. Approve the attached Amendment No. I to the 1999 Tourism Agreement with the City of Naples regarding the reconstruction of the Naples Pier. 2. Approve the necessary budget amendment for this obligation. 3. Authorize the Chairman to execute the Amendment. ..".....~ AGENDA ITEM No.L6Vf) / OCT 2 4 2000 Pi. I ...I SUBMITTED BY: ~~e.~~ Harry Huber, Project Manager III Department of Parks and Recreation Date: /~ . :! .cO REVIEWED BY: Date: /0.$- DO re 1ha ie, irector Housiug d Urban Improvement 1/ / APPROVEDBy:~fA2-f?r/ {~ Vincent A. Cautero, AlCP, Administrator Community Development and Environmental Services Date: /c:- (-0 C/ Attachment C: Jon C. Staiger, PHD., Natural Resources Manager, City of Naples Jane Eichhorn, TDC Coordinator Beach Renourishment/Maintenance Committee AGENDA ITEM No./~~J/ OCT 2 4 2000 Pit. .2 AMENDMENT NO, 1 TO THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE RECONSTRUCTION OF THE NAPLES PIER THIS AGREEMENT, is made and entered into this _ day of ,2000, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, on June 8, 1999, the COUNTY entered into a 1999 Tourism Agreement with the GRANTEE regarding the reconstruction of the Naples Pier; and WHEREAS, the GRANTEE has applied to the Tourist Development Council and the Board of County Commissioners to use Tourist Development Tax funds for additilmal costs associated with reconstruction of the outer half of the Naples Pier; and WHEREAS, the Tourist Development Council and the Board of County Commissioners recommended approval of said application on April 17, 2000 and June 13,2000 respectively; and WHEREAS, the COUNTY desires to fund the additional costs for the Naples Pier Reconstruction pursuant to this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the 1999 Tourism Agreement regarding the reconstruction of Naples Pier entered into on June 8, 1999 (hereinafter also referred to as the "Agreement") is hereby amended as follows: I. SCOPE OF WORK: The GRANTEE shall reconstruct the outer half of the Naples Pier in accordance with the proposal attached as Exhibit "A". 2. PAYMENT: The amount to be paid under this Agreement shall be Seventy-Five Thousand dollars ($75,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. 3. PROVISIONS: Other than the changes/additions indicated in the Agreement, all provisions of the original "Agreement" are in full force and effect. 4. This Agreement shall be recorded in the public records of Collier County. AGENDA ITEM No..4(4J I OCT 2 4 2000 PIt. J IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. CE!rter, Ph. Ole, Chairman WITNESSES: GRANTEE CITY OF NAPLES BY~WL~ 4 f / P. e. 1ft r "Y7Ct77~"Z-- Printed/Typed Name Bonnie R. MacKenzie Printed/Typed Name Mayor Printed/Typed Title ATTEST: ~t! 1<.ut1a- Ci Clerk (Corporate Seal) Approved as to form and legal sufficiency Approved as to form and lega sufficiency ~~~Q Assistant County Attorney Z:\jkp\worddata\Jon Staiger\9-00 Pier Reconstruction Amendment.doc AGENDA ITEM No. //"f9J / OCT 2 4 2000 PIt. -'I EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beacb Renourisbment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet management.) Completed applications sball be submitted to tbe following address: Administrator Collier County Tourist Development Council County Administrator 3301 East Tamiami Trail Naples, FL 34112 I. Name and Address of Applicant Organization: City of Naples 735 Eighth Street South Naples, FL 34102 2. Contact Person, Title and Pbone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4610 3. Organization's CbiefOfficial and Title: Bonnie R. MacKenzie, Mayor 4. Brief Project Description: To repair the outer half of the Naples Pier. including new concrete piles and pile caps and new wood decking. Amendment to reflect current costs. AGENDA ITEM No./hf/} I OCT 2 4 2000 Pl. .:5 ,"",UJU~J ,"",UUULJ' ~ UUIJ31 JJt:\'taUpmt:Dl \...OUDClJ Grant Applkation Page 2 EXHIBIT A ~ 5. Estimated project start date: June 15,2000 6. Estimated project duration: 150 days 7. Total amount requested: $75,000 8. If the full amount requested cannot be awarded, can the program/project be Restructured to accommodate a smaller award? Yes No x 9. Identify the goals and objectives for the project: Identify the I!oals and obiectives for the project: The Naples Pier has been a landmark enjoyed by both our citizens and visitors for over one hundred years. Rebuildine: will provide for the continued safe enioyment of the facilities. 10. Describe what benefits will be received from the project: Rebuildine: to the standards of the inner half will provide hazard mitie:ation and sie:nificantlv reduce the chance ofservice interruptions from storms. 11. Describe how the effectiveness of the project will be evaluated: Effectiveness evaluated by completine: the project at or below budl!et, within projected construction time. and with hie:h construction quality. 12. Describe how the project enhances existing County Tourist Development programs: A well-constructed and maintained Naples Pier will continue to bl! a top tourist attraction to our area. 13. Describe how financial resources will be monitored. Project will be subject to all standard financial manal!ement controls of the City of Naples. 14. Please complete the following questions and provide additional information, if necessary: . Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes ( X ) No( ) - AGENDA ITEM No. /,< f4} / OCT 2 4 2000 Pit. fa _"u........ _u......"") .U'Ul~' .LI"l"aUpW~u, \....uunCll Grant Application Page 3 EXHIBIT A . Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes ( ) . Does the proposed understanding and considerations? Yes ( X ) No ( X ) expenditure promote does the proposed environmental awareness and project address environmental No( ) · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes ( ) No( X ) · Is the proposed project required by a regulatory agency as a condition for approvaVfunding the Collier County beach restorations projects? Yes ( ) No( X ) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes ( ) No( X ) . Will the project decrease the local cost share ofan overall beach restoration project, either by decreasing the total project cost or by increasing the 10caVnon-local ratio? Yes ( ) No( X ) . Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes ( ) No( X ) . Is there a potential for an alternative.lmatching funding source? If "Yes", please identify - See attached letter . Is the project consistent with the Collier County Growth Management Plan and/or standing Board ofCouoty Commission action? Yes ( X) No ( ) . Has the project been reviewed and recommended by the Beach RenourishmentlMaintenance Advisory Committee? AGENDA ITEM No.~ OCT 2 4 2000 ~ Yes ( X) No ( ) PII. _v..u.... '-'v....u'! .I. UUII:t1 vt:l't:lupmeOf l...ounCU Grant Application Page 4 EXHIBIT A I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all &uidelines aDd criteria. Signature of Organization's Chief Date: Q./l( ZIJUD *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H)(2). "GENOA ITEM No. /.(.4) I . OCT 2 4 2000 r- Pit. _uu..... ",",UIUU,y .UUII~L U~Vt:lUpment l.;ouncll Grant Application Page 5 PROJECT BUDGET See attached memorandum and backup information. EXHIBIT A AGENOA ITEM No./~) / OCT 2 4 2000 Pit. q NAPLES CITY COUNCJL Agenda Item \C\ ts\ For the Meeting of '\ $X=> Staff Report to Naples City Council Subject: Naples Pier Restoration Project - Phase II Fro", K",,", J. _book, cny M1~ (2 Prepared by: Bill Harrison, Assistant City anage ~ Recommend approval ACTION REQUESTED: Approval of the low bid from Kelly Brothers, Inc. for replacement of the outer half of the Naples Fishing Pier. BACKGROUND: Bids were opened on March 8'" for the project to replace the outer half of the Naples Fishing Pier. Ten bids were received, with the low bid from Kelly Brothers, Inc. in the amount of $617,000 plus an hourly rate for debris removal. All bids received were in excess of the funds budgeted for the project and Suboceanic Consultants was directed to open negotiations with low bidder to attempt to bring down the cost of the project. As itemized in the attached memo, we have been able to reduce the cost of the contract to $575,000, plus $500 per hour for debris removal. Kelly Brothers was awarded the contract for the rebuilding of the inner half of the Fishing Pier, constructed in 1995 and early 1996. Construction work was excellent; however, delays due to weather conditions led to strained relations with the contractor and negotiations over failure to complete the job on time. FINANCIl'm: The project has been budgeted at $550,000, with $450,000 in funding guaranteed frorn the Tourist Development Commission and $100,000 in restricted funds in the City's Beach Fund. Total project cost is now projected as follows: PROJECT TOTAL $575,000 20,000 25,000 1,000 4,000 625,000 Base Construction Bid Debris Removal @ $500/Hr Design & Construction Mgt State of Florida Permit Contingency Based upon approval of the construction contract, the City will be applying for the additional $75,000 frorn Collier County in Tourist Development Commission funding. If that action is not successful, sufficient funds are available in unrestricted reserved in the Beach Fund. RECOMMENDATION: City Council approve the negotiated low bid from Kelly Brothers, Inc. in the amount of $575,000 plus $500 per hour for debris removal not to exceed an additional $20,000. Mr. Crawford of Suboceanic Consultants will be available at the April 5th City Council rneeting to answer any questions on the project. KellyContract.doc ~ AGENDA IrEM No. /hV/J " OCT 2 4 2000 Pg. /0 SUBOC ORATED CIVIL, COASTAL. AND OCEAN ENGINEERS - D/\lERS March 22, 2000 Mr. William Harrison Assistant City Manager City of Naples 735 Eighth Street, South Naples, FL 34102 RE: Naples Pier Restoration Project- Phase II Dear Mr. Harrison: This letter and the attachments should bring you up to date on the status of negotiations with Kelly Brothers, Inc., the low bidder on the pier project. As background information, a copy of the bid tabulation I prepared following the opening of bids on March 8, 2000 is enclosed. Kelly Brothers, who replaced the inner segment of the pier in 1995/96, had the lowest bid at $617,000. The second and third lowest bids were from a couple of Houston, Texas companies. Bid prices were much higher than expected. My construction cost estimate of $500,000 was based on a 26 percent increase in the per square foot .cost of the pier work done in 1995/96. Kelly Brothers' March 8th bid price for replacing the outer segment is 56 percent more per square foot than they charged for the inner segment, and $342,000 more than they offered to replace the outer segment for in 1995 under the alternate bid item. From my talks with several of the bidders since the March 8th bid opening, the higher than expected bid prices appear to be due to the contractors being curren~ly very busy and a serious shortage of both skilled and unskilled workers. In response to your request by phone on March 9th, I have had several negotiating sessions with Kelly Brothers to see if their price could be reduced to within the City's budget for the project. They had some ideas for reducing costs and so did I. We have now run out of ideas, and the fast offer by Kelly Brothers was to reduce their price to $575,000 if the City will agree to some changes in the contract AGEf\DA ITEM No. /~fI) / OCT 2 4 2000 4600 Enterprise Ave.. Suite C, Neples, Floride 34104 Tel: (941) 261-2025 . Fax: (941) 261-2295 Pi. // Mr. William Harrison March 22, 2000 Page 2 The cost saving changes proposed by Kelly Brothers and my comments on them are as follows: 1. Salvaged and reused the existin9 shelter at the end of the oier. I inspected the shelter to see what may be reusable. The timber posts and beams are structurally sound and so is the roof system, except for the cedar shakes. I told Kelly Brothers that if the City agreed, the posts, beams and roof trusses could be salvaged and reused; however, the post-to-beam connection brackets and fasteners would have to be replaced, the walls would have to be replaced, and the felt paper and cedar shake shingles would have to be replaced. 2. Include an ootion to install precast concrete oile caps and beams in lieu of the cast-in-olace caps and beams called for in the desian. I have no problem with using precast units. In fact, during replacement of the inner segment of the pier, Kelly Brothers submitted a design for precast pile caps that met our approval structurally. I told them now the same thing that I. told them then, which is that the City would have to agree to the use of the precast units because there would be a slight difference in appearance. The precast caps are 30 inches wide as apposed to the 18-inch width of the cast-in-place caps. 3. Substitute chemical adhesive concrete anchors for the concrete anchors called for in the desi9n. I have no problem with this substitution. The two anchoring systems are equivalent structurally. The material costs for the designed system are high, but installation is very easy, whereas materials for the system Kelly Brothers proposes are less expensive, but installation is very labor intensive. 4. Eliminate the reauirement for a microsillica based admixture in the concrete. Microsillica is added to concrete to increase its durability. Our concrete mix design is from the U.S. Navy Guide Specifications for marine concrete. This mix is designed to reduce the permeability of the concrete and prevent soluble chlorides from penetrating to the reiflforcing and causing corrosion. I contacted a couple of experts in concrete design and discussed the ramifications of eliminating the microsillica from the mix. The consensus was that the microsillica could be eliminated without impacting the durability of the concrete if the dosage rate of the calcium nitrate (corrosion inhibitor) were i AlrEM No. /'{41 / OCT 2 4 2000 - Pit. /..2.. ; Mr. William Harrison March 22, 2000 Page 3 from 2.5 to 4.5 gallons per cubic yard. Kelly Brothers agreed to this increase. 5. Provide moorina areas in Naoles Bay for two 35-foot work boats for the duration of the oroiect at no cost to Kellv Brothers. Cost saving changes proposed by me and my comments on them are as follows: 1. Delete the test oile proaram from the oroiect. This test pile program was conducted by Kelly Brothers during the replacement of the inner segment of the pier. Because Kelly Brothers will be using the same pile driving hammer on this project, there is no need to repeat it. 2. Reduce the reauired length of the oilinQ slightly. Because such varying soil conditions were encountered during replacement of the inner segment of the pier, the pile lengths specified for the outer segment were very conservative. It is much better to have the piles too long than too short. A per linear foot, unit price bid item was included on the bid schedule for increasing or reducing pile lengths based on conditions encountered during pile driving. If the specified pile lengths were found to be longer than necessary once the first few piles were driven, the length of the next group of pile could be shortened and the Contract price would be reduced accordingly. From a re-examination of the pile driving records from the 1 995/96 project, I am very confident that the specified pile lengths can be reduced by 5 feet and the desired bearing capacity will still be easily reached. 3. Salvage and reuse the existina handrail post connection brackets and associated fasteners, These brackets and fasteners were installed just a few years ago when the outer pier segment repairs were made, and they are in very good condition except for some of the flat washers, which would have to be replaced. Usually, it is more costly to salvage and reuse items like these because of the time and care required to disassemble them. However, Kelly Brothers indicated that it would reduce their costs slightly. ) Kelly Brothers has also requested that in addition to allowing the temporary closing of the inner pier segment on days when they might be pumping concrete, that it be closed on days when it is necessary to transport bulky materials over th' . A A ITEM No. /I{4J / OCT 2 4 2000 Pi. ).J Mr. William Harrison March 22, 2000 Page 4 deck to the work site. This is a reasonable request in my opinion considering that the pier deck is only 12 feet wide and the liability to the contractor if someone is injured. I have prepared an addendum (Addendum No.3) to the contract documents that incorporates the changes described above into the contract documents. The addendum includes a revised bid schedule, which eliminates the bid items for the pile testing program, the adjustment in contract price for variance in pile lengths, and gives the contractor the option to install precast pile caps and beams provided they are approved by the City and the Engineer. Kelly Brothers has signed the addendum and submitted their revise price of $575,000.00 on the new bid (price) schedule. They have also agreed to reduce their hourly rate for time spent removing buried debris, which might interfere with the installation of a pile in the specified location to $500.00. Copies of the signed addendum and completed revised bid schedule are enclosed for review and consideration by the City. Sincerely, SUBOCEANIC CONSULTANTS, INC. ~,4, Robert A. Crawford, P.E. President RAC/dc AGENDA ITEM No. /(1/) / OCT 2 4 2000 Pit. /1 C:\Projects\Naples Pier Restoration o o o N ... :I: U Cl: < ~ o 8 8 8 It) 8 Pi 8 8 8 8 "'- '" 01 lE @ @ ~ ,..: @ ~ g ~ ~ ~ ~ .... ... :> "'. c < - en l ~ <0 i .; m '" ..,- i ~ -I-U').D,. i ~ 12 ... mO";2 ... ~ ... -:> .. N. :!. - 8 8 8 It) 8 N 8 8 8 8 :i:.::- 0 .., @. @ @ .n @ R @ ~ @ ~ <a:lE ~ lEiiil '" ;:: g of ~ '" i g ~ Ii .n CQa::<<c. Iii N l'l owlE N ~ l)l .. .. .. ~ ... :l: :> .. .. .. a: ... .... ~o- 8 8 8 0 8 8 8 8 8 8 ... g:! @ @ ~ ~ @ ~ @ @ @ ~ a: < '" g .n ::i .0 ~ ~ ~ ~ ~ '" .... .... 0 a.. 0 ~ '" 0 !!WlE .. .. .. .. l;j ~ .. .. .. .. 0=':> OCL:::!. 8 ~ 8 ... 8 [l 8 8 8 8 ... :l: N <0 .. .n oi 0 ,..: <0 oi ~ 0 ~...- .. .. .. ~ .. - l)l l)l "... .. z .... tD~wa: .... w W 0.. 0....- < 0: 8 8 8 10 8 8 8 8 8 8 ~l!!! @ @ @ 0 @ ~ ~ ~ @ ~ i1i officn 0 .n a <0 0 IS Iii .n .; '" "'u.t-D. .. .. .. I;i .. ~ .. a:wlE W..J:l a..a:~ lE w 8 8 8 8 8 8 8 8 8 8 ~ 0 ..J~ 2 ! i i lit ~ ~ ~ 2 2 iii en ~ ~ ~ III ... ~ .., ii: 0 .. ffi :E cr o~~ 8 8 8 l'l 8 8 8 8 8 8 "l w~! ~ @ @ ~ ~ ~ ~ ~ ~ ~ ;;; >;;Irn 0 .,; ~ a g ~ g :e- o '" "'-0.0. Iii a &i ::l a:~lE N ~ o :> .. .. .. W..J z_ 8 8 8 ill 8 8 8 8 8 8 ~i' @ @ @ <ri g ~ @ @ @ ~ -:> ~ 1::", ~ 0 g ~ 0 N- ~ ~ g ~ N ..J 0.. ~ II> II> olE - .. lE:> .. W..J 0- 8 8 8 ... 8 8 8 8 8 8 l'l lD- @ g @ .n g ~ ~ @ @ ~ o ~ ('!; lE", ~ ~ ~ ,.: g ~ Ii ~ cO - ~~ III ~ .. .. .. .. .. 0:> lEd. 8 g Ii g I J a: 1 'll I f W I J ~ j 8 ~ ! I 8 iii il ~ ~ 8 j ~ u. i ~ ~ ~ 1ll J ] Cl Ii '5 ~ .... J!l ~ ci1 E ~ 'C 1ll Cl Cl 0 CIl CIl w ~ :I: D- o I- U W -, ~ D- Z o ~ o I- VI W a: Cl: w a:: VI w -I D- < Z Z o ~ -I :J lEI < l- e iii oi ~ :2 '" ~ 1) .a ~ ~ I :2 .Q I ~ ~ ~ :2 " I ~ J I , :s .. :2 ... 8 8 8 .... @ ~ ~ 9e: '" l .; III 0 12 Ii ... ~ iiiw !! lll~ J - f ! < I ...~ ! 8 '" a: w... ~ .... f ~ ~ CIl AGENDA ITEM No. 4'".4) I OCT 2 4 2000 Pi. -<.t{' . . . ""i'V:~i,*,j" .- . . EXECUTIVE SUMMARY APPROVE A 2000 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING EMERGENCY DREDGING OF GORDON PASS. Obiective: To obtain approval ofa Tourism Agreement to enable reimbursement to the City of Naples for emergency dredging of Gordon Pass Consideration: On September 28, 1999, the Board of County Commissioners approved a TDC Grant Application for emergency dredging of Gordon Pass. In accordance with established policy, the Board of County Commissioners shall enter into a contract with the recipient ofthe tourist tax funding. The attached agreement has been prepared for such purpose. Fiscal ImDact: Pursuant to approval of the TDC funding application by the Board of County Commissioners on September 28, 1999 [Agenda Item 16(B) (7)], funds in the amount of $250,000.00 were appropriated in the FY 99/00 budget for this purpose. Due to the timing associated with obtaining the executed agreement from the City of Naples, these funds could not be encumbered during FY 99/00. Therefore, approval of a budget amendment is necessary whereby these funds will be transferred from the reserves of Fund 195 and be re-appropriated in FY 00/01. Growth Manae:ement ImDact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: I. Approve the attached Tourism Agreement with the City of Naples regarding emergency dredging of Gordon Pass. 2. Approve the necessary budget amendment for this obligation. 3. Authorize the Chairman to execute the Agreement. ...""" AGENDA ITEM No. / (tlJ .:2- OCT 2 ~ 2000 Pi. / ,.- ". . .' ~ SUBMITTED BY: ~~ Harry Huber, Project Manager III Department of Parks and creation Date: 10.3.0"0 Date: /~, S- - () 0 APPROVED BY: irector (Z;;ement incent A. Cautero, AlCP, Administrator Community Development and Environmental Services Date: /6 ~(- (7 cJ Attachment C: Jon C. Staiger, PHD., Natural Resources Manager, City of Naples Jane Eichhorn, TDC Coordinator Beach Renourishment/Maintenance Committee AGENDA ITEM No.A'~.u OCT 2 4 2000 Pi. ,.2 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING EMERGENCY DREDGING OF GORDON PASS THIS AGREEMENT, is made and entered into this _ day of . 2000, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for beach renourishment and pass maintenance projects within Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax funds for emergency dredging of Gordon Pass; and WHEREAS, COUNTY desires to fund the proposed Gordon Pass emergency dredging project proposed by the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal outlining the pass dredging project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit "A." GRANTEE shall provide the project activities outlined in the PROPOSAL within the budgeted amounts provided in the PROPOSAL. GRANTEE shall not be reimbursed for any expenditures not included in the PROPOSAL nor be reimbursed for amounts in excess of those provided in the PROPOSAL unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT: The maximum reimbursement under this Agreement shall be Two Hundred Fifty Thousand Dollars ($250,000). GRANTEE shall be _. ~paid in aCGordance with ~ fistal proeedures of COUNTY upon submiit11 of 1 ill" - No./t(/{j ~ OCT 2 4 2000 PIt. -..3 ~ upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall .determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY - $300,000 each claim per person PROPERTY DAMAGE LIABILITY - $300,000 each claim per person PERSONAL INJURY LIABILITY - $300,000 each claim perperspn ". - - .~. .. . ,- AGENO~ ITEM No. /#'ff'J,:L OCT 2 4 2000 Pi. l' -. ... 2 - , WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY - Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities that are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section I. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendor, including," but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION: To the extent permitted by law the GRANTEE shall hold hann1ess and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the perfonnance of this Agreement or work perfonned thereunder. This provision shall also pertain to any claims brought against COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed' or authorized to perfonn work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 "0"", " . AGENDA ITEM No. /6{t().:z. OCT 2 4 2000 Pi. ..5 3 - , All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: 'Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accura..te accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. I I. A V AILABIUTY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. '12. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. . ' - .,," . ~. " . AGENDA IrEM No...4~),:J. OCT 2 4 2000 Pi. " 4 13. TERM: This agreement shall become effective on and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A." 14. AMENDMENTS: This Agreement may only be the amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timothy 1. Constantine, Chairman WITNESSES: GRANTEE CITY OF NAPLES (In'''~~h t:l J/-~ ~Y'G,.'~'o... ~~ Printe~y ed Name a 1/1 e. ;(fi~a7J/ev Printed/Typed Name BY~JUUL ~~ Bonnie R. MacKenzie, Mayor . ATTEST: ~a- (J Yl.~ City Clerk (Corporate Seal) Approved as to form and legal sufficiency Approved as to form and legal sufficiency a ' ~dC? Assistant County' Attorney JCS\Word&lalBeach Committee\ Gordon Passeme,sency dredsins In, tax asrcemcnI2000.doc ' ' AGENDA ITEM No../6~)B- OCT 2 4 2000 PI. l' 5 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Administrator 3301 East Tamiami Trail Naples, FL 34112 I. Name and Address of Applicant Organization: City of Naples 735 Eighth Street South Naples, FL 34102 2. Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Brief Project Description: Emerl!encV dredl!inl! of Gordon Pass Channel. .' EXHIBIT A AGENDA ITEM No./.6'f4I.:l.. OCT 2 4 2000 PIt. /? Grant Application Page 2 EXHIBIT A 5. Estimated project start date: October 1. 1999 6. Estimated project duration: Three months 7. Total amount requested: $250.000 8. If the fulI amount requested cannot be awarded, can the program I project be Restructured to accommodate a smalIer award? Yes x No 9. Identify the goals and objectives for the project: To remove the worst shoaling from the inlet channel to ensure navigabilitv. 10. Describe what benefits will be received from the project: Gordon Pass will remain navigable for ore sent users. 11. Describe how the effectiveness ofthe project will be evaluated: Post-construction survevs. 12. Describe how the project enhances existing County Tourist Development programs: It ensures continuing use ofbv commercial and recreational vessels. 13. Describe how financial resources will be monitored. Standard City ofNaoles Finance Deoartment oroiect management and accounting procedures. " ~ . t ~: "'.-- AGENDA ITEM No. /bflJ;L OCT 2 4 2000 9 PIt. Grant Application Page 3 EXHIBIT A 14. Please complete the following questions and provide additional information, if necessary: . Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (X) No ( ) . Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) . Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (X) No ( ) . Is the proposed project part of the ongoing Collier Count). beach restoration project and/or pass maintenance/dredging/management projects? Yes (X) No ( ) . Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier County beach restorations projects? Yes (X) No ( ) . Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No ( ) . Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes (X) No ( ) . Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) -. ... .. .' '. . AGENDA ITEM No. /~ (#)~ OCT 2 4 2000 /~ Pit. "J.- - ---- - - -..--- Grant Application Page 4 EXHIBIT A . Is there a potential for an alternative/matching funding source? Yes (X) No ( ) If "Yes", please identify Florida DEP . Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) . Has the project been reviewed and recommended by the Beach RenourishmentlMaintenance Advisory Committee? Not vet - No meetinQ: in Julv . ,'"GENOlt. iTEM No./{'...::t J.:L OCT 2 4 2000 Pit. II .,.-. "t" '. . - \.>ram ~ppJlca[lon Page 5 EXHIBIT A - I have relld the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Date: 0 ? ~ J... . 9L , *Director of Office of Capital Projects Management authorized to sign Category" A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H)(2). " .....:, " . ~aENDA i'rEM No./{fJ)':z OCT 2 4 2000 Pit. /,L .......v........ .....VLU.'J & VLlII.3' V\;, ""VPUU;:UL ,-,UUIH':U Grant Application Page 6 PROJECT BUDGET Gordon Pass emergency dredging: Permit application and design engineering. .. Mechanical dredging of estimated 25,000 cu. yds. $32,500.00 217,500.00 $250,000.00 EXHIBIT A AGENDA ITEM No. 4f(#/ .t:L OCT 2 4 2000 Pi. Y.J ~ EXECUTIVE SUMMARY APPROVE AMENDMENT NO.1 TO THE 1999 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING INSTALLATION OF T-GROINS AND MODIFICATION OF THE GROIN FIELD NORTH OF GORDON PASS. Objective: To obtain approval of an amendment to a 1999 Tourism Agreement to enable reimbursement to the City of Naples for additional costs associated with installation ofT-Groins and modification of the groin field north of Gordon Pass. Consideration: On June 8, 1999, Collier County entered into a 1999 Tourism Agreement with the City of Naples regarding the installation ofT-Groins and modification of the groin field north of Gordon Pass. Subsequently, the City of Naples applied to the Tourist Development Council and the Board of County Commissioners to use Tourist Development Tax funds for additional costs associated with the installation ofT-Groins and modification of the groin field north of Gordon Pass. The Tourist Development Council and the Board of County Commissioners recommended approval of said application April 17, 2000 and June 13,2000 respectively. In accordance with established policy, the Board of County Commissioners shall enter into a contract with the recipient of the tourist tax funding. The attached amendment to the original agreement has been prepared for such purpose. Fiscal Impact: Pursuant to approval of the TDC funding application by the Board of County Commissioners on June 13,2000, [Agenda Item 8(A) (10)] funds in the amount of$71,326.00 were appropriated in the FY 99/00 budget for this purpose. Due to the timing associated with obtaining the executed agreement from the City of Naples, these funds could not be encumbered during FY 99/00., Therefore. approval ofa budget amendment is necessary whereby these funds will be transferred from the reserves of Fund 195 and be re-appropriated in FY 00/01. Growth Management Impact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: I. Approve the attached Amendment No. 1 to the 1999 Tourism Agreement with the City of Naples regarding the installation ofT-Groins and modification of the groin field north of Gordon Pass. 2. Approve the necessary budget amendment for this obligation. 3. Authorize the Chairman to execute the Agreement. ,.......... AGEN>A ITEM No. /6",,13 OCT 2 4 2000 PI. / SUBMITTED BY: ~~~_ Harry Huber, Project Manager III Department of Parks and Recreation Date: /6.:J ' 60 APPROVED BY: Vincent A. Cautero, AlCP, Administrator Community Development and Environmental Services Date: It) - 5"'- 11 0 REVIEWED BY: tU Date: /d-6-0() Attachment C: Jon C. Staiger, PHD., Natural Resources Manager, City of Naples Jane Eichhorn, TDC Coordinator Beach Renourishment/Maintenance Committee AGENDA ITEM No./~f!J ? OCT 2 4 2000 Pi. tP- AMENDMENT NO. 1 TO THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING INSTALLATION OF T-GROINS AND MODIFICATION OF THE GROIN FIELD NORTH OF GORDON PASS THIS AGREEMENT, is made and entered into this _ day of , 2000, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, on November 23, 1999, the COUNTY entered into a 1999 Tourism Agreement with the GRANTEE regarding installation of t-groins and modifications of the groin field north of Gordon Pass; and WHEREAS, the GRANTEE has applied to the Tourist Development Council and the Board of County Commissioners to use Tourist Development Tax funds for additional costs associated with installation of t-groins and modification of the groin field north of Gordon Pass; and WHEREAS, the Tourist Development Council and the Board of County Commissioners recommended approval of said application on April 17, 2000 and June 13,2000 respectively; and WHEREAS, the COUNTY desires to fund the additional costs for installation oft-groins and modification of the groin field north of Gordon Pass pursuant to this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the 1999 Tourism Agreement regarding installation of t- groins and modifications of the groin field north of Gordon Pass entered into on November 23, 1999 (hereinafter also referred to as the "Agreement") is hereby amended as follows: 1. SCOPE OF WORK: The GRANTEE shall provide additional services related to installation of t-groins and modification of the groin field north of Gordon Pass in accordance with the proposal attached as Exhibit "A". 2. PAYMENT: The amount to be paid under this Agreement shall be Seventy-One Thousand, Three Hundred Twenty-Six dollars ($71,326.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County upon submittal of an invoice and upon AGENDA ItEM No. /~ f(9 J....3 OCT 2 4 2000 PI. -3 verification that the services described in the invoice are completed or that goods have been received. 3. PROVISIONS: Other than the changes/additions indicated in the Agreement, all provisions of the original "Agreement" are in full force and effect. 4. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JameS-b. carter, Ph. D. Chairman . (1:-'~'-H~ t2.7f4 V\~ ,~'^ ~ .W't.ct Printed/Typed Name (2) ~~ IVI(,. e !ler>1Mt4?-- Printed/Typed Name GRANTEE CITY OF NAPLES WITNESSES: r BY:~~ lt~~ I Bonnie R. MacKenzie PrintedITyped Name Mayor PrintedlTyped Title ATTEST: ~~ a ~~~~ City CI k (Corporate Seal) Approved as to form and legal sufficiency Approved as to form and legal sufficiency ~ ' ~~_~I2Q Assis t County Attorney TGROIN PROJEC1\GP T ..Qroin Amendment.doc AGENDA ITEM No. /~)3 OCT 2 4 2000 pe. . 1" EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Administrator 3301 East Tamiami Trail Naples, FL 34112 1. Name and Address of Applicant Organization: City of Naples 735 Eighth Street South Naples, FL 34102 2. Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4610 3. Organization's Chief Official and Title: Bonnie R. MacKenzie, Mayor 4. Brief Project Description: To install two T -groins and to restore two permeable wood Il:roins on the Naples Beach north of Gordon Pass. Amendment to reflect actual costs. AGEJIIlA IfEM No. /hf4l3 OCT 2 4 2000 PIt. S _uun... _u......n) .I. UUII," uc:vc:JUPWI:Dt LOUDCIJ Grant Application Page 2 EXHIBIT A 5. Estimated project start date: 6. Estimated project duration: February 1,2000 90 dayS 7. Total amount requested: $71,326 8. If the full amount requested cannot be awarded, can the program / project be Restructured to aecommodate a smaller award? Yes No x 9. Identify the goals and objectives for the project: The objective is to construct two stone T-e:roins, to repair two existine: permeable wood e:roins, and to place 20,000 eu. yards of sand in the e:roin field to restore a part of the beach that has been erodine: since Gordon Pass was initially drede:ed in 1962, 10. Describe what benefits will be received from the project: The transport of sand alone: the Naples Headland beach into Gordon Pass will be slowed, thus improvine: the stability of the inlet. The eroded beach north of Gordon Pass will be restored and stabilized. 11. Describe how the effectiveness of the project will be evaluated: Twenty-three profile lines will be surveyed periodically for five years to track project success and evaluate chane:es, if needed. 12. Describe how the project enhances existing County Tourist Development programs: Gordon Pass is the only connection between Naples Bay and the Gulf of Mexieo. As a component of the Gordon Pass Inlet Manae:ement Plan. this project contributes to the lone:-term stability of the inlet and its interrupted use by recreational and commercial watercraft. 13. Describe how financial resources will be monitored. This project will be a City of Naples Capital Project. and all revenue/expense accountine: will be the responsibility of the City's Finance Department. r- AGENDA ITEM No. /6{..q\3 OCT '!- 4 2000 PIt, to ~UJU"J ~uu",y .uunsl uevelOpment Louncll Grant Application Page 3 EXHIBIT A 14. Please complete the following questions and provide additional information, if necessary: · Does the prt'posed expenditure further the objectives outlined in the Mission Statement? Yes ( X ) No ( ) · Does the proposed expenditure fairly distribute monies to different geographic areas ofthe County? Yes ( X ) No ( ) · Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes ( X ) No ( ) · Is the proposed project part ofthe ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes ( X ) No ( ) · Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier County beach restorations projects? Yes ( X ) No ( ) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes ( X ) No ( ) · Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes ( X ) No ( ) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes ( X ) No ( ) AGEt<<>A ITEM No. /hflllJ3 . OCT 2 4 2000 3 Pit. f' _...-...__ --....--.J ...Uu...." .LIC"CJUl'W~Dt L.ounCI1 Grant Application Page 4 EXHIBIT A . Is there a potential for an alternative/matching funding source? Yes ( X ) No( ) If "Yes", please identify . Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes ( X ) No( ) . Has the project been reviewed and recommended by the Beach RenourishmentlMaintenance Advisory Committee? Yes ( X ) No( ) The proiect will be submitted to the Beach RenourishmentlMaintenance Committee for approval on January 7. 1999. AGEM)A ITEM No.~ OCl 2 4 2000 Pg. g" i __................ _..._....~J ....uu...,. ut;:"~IUpWf:DI \...ounCIl Grant Application Page 5 EXHIBIT A I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. ( . Signature of Organization's Chief 0 1 ial or Designee. Date: jj'lJ)uf) .Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H)(2). AGENDA ITEM No. /~(tIJJ OCT ~ 4 2000 Pit. q ....uwc:. ....uumy 1 OurlSl JJeVelOpment Louncil Grant Application Page 6 l'_ .~~. "~{ PROJECT BUDGET (ACTUAL COSTS) T -groin construction and permeable wood groin reconstruction... . . . . " Change order for unanticipated conditions......... Change order for wale installation. . . .. . . . . Engineering supervision......... Actual project total. . . .. . .. ~ 1999 Tourism Agreement Additional funds requested EXHIBIT A $573,790 7,980 17,582 104,474 $703,826 $632,500 $71,326 AGENDA ITEM No. 4.{tIjJ 0(6 2 4 2000 PIt. /11 HUMISTON & MOORE ENGINEERS RECEIVED MAR 3 0 2000 CITY MANAGER'S OFFICE COASTAL ENGINEERING DESIGN AND PERMITTING ~~--i. <C".c',"":::"I'-"'~-l l:. \ ), .:- : ;:-~:, ' , .) I '-.::> d,':..-~, <...:~:.-:,J "~' \ MAR 2 3 2CCn i , '0661 AIRPORT Ro-.D N., SUITE I 4 NAPlES. FlORlQ/\ 34 109 FAX: 94/ 594 2025 PhONE; H' 594 202' March 23, 2000 # p~~l"'~ Sent via Facsimile ..-----..-.- Dr. Jon Staiger, Natural Resources Manager 735 Eighth Street South Naples, Florida 33940 Re: Change Order No. 1 South Naples T-Groin Project HM File No,. 9-062 Enclosed is a copy of a request filed by Saltsman Construction, Inc. for the cost associated with the unforeseen sub-grade portion of a wood groin positioned near the center of the trunk section of the south T-groin. The total amount requested by the Contractor is $7,980.00. We have reviewed this with John Saltsman and recommend payment in the amount of $7,980.00. Should you have any questions regarding this, please give me a call. Sincerely yours, ENGINEERS Brett D. Moore, P.E. Enclosures cc: John Saltsman (w/enclosures) AGENDA ITEM No. /~f4JJ OCT 2 4 2000 Pit. // 1191 FIRST AVE SOUTH NAPLES, FLORIDA 34102 PHONE 941-434-9714 I~ 'b ';" t- o : 't1l' ('~ '.._~_: ~_: .,.. ~..~....~... .. SALTSMAN CONSTRUCTION, INC. P.O. BOX 310 NAPLES, FLORIDA 34106 FAX 941-434-9717 http://bridgeconstruction.com March 7, 2000 ~:'. ['~ ~...- ~!J'"'" Humiston & Moore Engineers 10661 Airport Rd. No. suite 14 Naples, F1. 34109 MAP 0 9 ?(1DO '::'t\'~)q~: , ~,' . f'; .... Re: Change order #1 Dear Sirs, Enclosed are the cost associated with the underground unforeseen wood groin located at the center line of the south groin. The time necessary for the extra work was approximately 3 % days. The total cost for extra work is $8,530.00 which represents labor at $3,250.00 and equipment at $5,280.00. There was no material involved. If you have any question plclUe caD our offICe. Sincerely, 1~,MJS~~fk-' jl,;;;" ;. ;a1tsman Jr. President AGENDA ITEM No.,4f4i~ DC; 2 4 2000 Pc. ~ t Page 2 Labor: 4 men @ 33 bours 1 man @ 20 bours Tuesday 15'" - 10 brs. Wednesday 16'" - 10 brs. Thursday 17th - 11 brs. Friday 1Sth - 2 brs. Equipment: Lima Crane Backhoe Loader Vibrating Hammer Tools and Trocks Materials - 0 ~ITEM No. /~WJ3 OCT 2 4 2000 PIt. ,lj Jon C. Staiger, Pb.D. Natural Resources Manager 735 Eigbtb Street South Naples, Florida 34102 Tel. ~41.434.4610, Suncom 974.4610 Fax 941.434.4620 E-mail jstaiger@naplesgov.com ~~~~ 31 March 2000 Mr. Brett D. Moore, P.E. Humiston & Moore Engineers 10661 Airport Road North, Suite 14 Naples Florida 34109 Ref.: Wale installation on T-groins Dear Mr. Moore: Please have Saltsman Construction, Inc. proceed with installation of wales on the two T-groins, as shown on your 03 March 2000 drawing and Mr. Saltsman's 06 March 2000 cost estimate. I will present this to City Council as an after-the-fact change order later this month. I am authorizing construction now so that Saltsman Construction does not have to remove armoring stone from the weather side of the structures in order to affect wale installation. Sincerely, ct- c- h-~ Jon C. Staiger, Ph.D., Natural Resources Manager JCS\Wordata\T-Groin project\Wale installation approval.doc ~ AGENDA ITEM No. /~f')..5 OCT 2 4 2000 PIt. /,y ,~vt.. tJL. DRAFT March 21, 2000 Sent Via Facsimile John Saltsman, President Saltsman Construction, Inc. 1191 First Avenue South Naples, Florida 34102 Re; South Gordon Drive Beachfront T.Groin Project Wale Installation on T-heads HM File No. 9-062 Dear John. On behalf of the City of Naples, please proceed with the installation of the wale on both T -heads in accordance with the attached drawings and your quote dated March 6, 2000. The total cost to the City for-th9 installation of the two wales (one along each T-head) is $17,582.40. Should you have any questions regarding this, please give me a call. Sincerely yours, HUMISTON & MOORE ENGINEERS DRAFT Brett D. Moore, P.E. Attachments WOrking Drawings H&M dated 313/00 (alternative A, 8" x 8" walers) Cost Breakdown from Saltsman 3/6/00 . cc: Jon Staiger AGENDA ITEM No. /~0 OCT 2 4 2000 PIt. /5' FA-)( \, 'TO ~,.,,,) \ . ~c.'\,""" ,- ~"'~7S'~. r,~' .. '-' 5,..,..A- \ <( 5.~tt fW~~~lfS)l __.L- I I HARO 3 WOO ! ~3ges.._ . .-'--~'-~---..- -....,' 5J:!)::- (~v,;:- cl" /vilii."-'~o - .".. ~ /.;5:,j~;~~r-p~L H"/~ t.' 7 1 1"1 II ~ ,_~ r ~ . -.- --,.....-."'..---:... ....-......{-..------.?:.=-:>-:..---..-----t.- J ..____-/.________ I _____.1' / / / L-"') I II .t.) (A.t., StJZfJ.tAI' (5.~.) ) '. . $. ~ ",_ _.._,...~..~m-..:'. I , '1 r ' '-1.'" . tl' , I' . ....--..---. .t . ---- ----..-- t--- R -;f ....' ----....-.-""\--... .. - r/"r \ .---... (/ ~ ,,). \ .K, '/' s:.s i (J~ ~~ fIJ"",.J~<.., ,.I /tG. 1J<I!~.4' \.'s.,'....( ."~? i w4~,d 7/'J".....-s ) I / / / ./ V' , ",;I'v.) ;--'1- -ft. '"t.. )..,;C,vtlo "-../ ~._.. --' '0 \. C 't-J,~._" -- ../ - iJSrt. (~') B" ,,-8'j ",r r-l pt.<- (73) I 1.1 ' \ ., 6 / ) 3)'-. (:0P',i,/e.. ,-f, """T (. . '",,,-~}, I -'"'"'" "r"'l" .L. ..t1A J ,-r-~ J .....';~ 10" n'~ J3{!..Gr-+-- .J1!t-;,-t-<"- (7o?l'l-t. 1_51--10, . J"3"2.. / / . '\ I i~1a.,;,/,-", ) V/l- AI ',2.) p'N v81!-,"-'<,,, If.. 5/ p,-3 cc'" --'I . )/let'.~ c: I .I( uS A "A, __ {-.,{...~~/("- .A;iz. ('-c~,~ ,.4 ~ 1;. -. ~ .- , / "",.-,..",-..,.. ('..'0< 7~-" .-..,; 14.1AJ 7'k. l''5't::J.U II~ /L 'A-' . .II " I~ ~. .....,Z_""v L,-C - ;1::.) " U '- ...~-~.l r.,' .-,~....,I~: / . ..,. PM'.I4-fr---- (,M'I, ~ ITEM 6b.'-c/ I No. /6fA)3 l"'i ~" . .. . "OCT 2 4 2000 Pit. /1 "r -~ ':-J",Jo..) ~'_r . .~.~ ,. ",,""'!( ~:: /2, ~3/21/26e6 12:15 9415942625 H S ~ ENGINEERS PilGE 64 o LMERISTEEL ,. 'ABRI C AU D it EI"I' ORe INfl SH H OR 0 U P CORPORATE OFFICES 81'J128~.8~83 AIKeN. SC All.ANtA, UA C~ARl.01TE, NC Fl. \.A\jDE~CALE, FL JACKSONVilLE. Ol KNOXVillE. TN LDUI8VILLE. KV 801/648..2U1 17D/478..153S 7O'/J~i .g020 9511921.:Z~OO gO.i126~.gnO ~~3/~4~.Sli]2 (;02i2.4S'O~5t: MEMPHIS. fN NASliVILLE. IN ORLANDD, FL RALEIGH, NC 51, Al8ANS, WV TAMPA. FL WI'oSHINGTON, DC aOl/853.8l5(. 515/a:n'6~4::l 607l~::I::H'5J4 919/f1J3.0137 30.:l/7'21-"~91 8131152.75~G 703!491.~'O 1 ---l~ "M L<, T O~ .. -(~ ~G S 1\ )M: A.:c'''oVvl~I\j ._~t:lN~,-t', \ . ,:; l\.. t:J.U f. BJECT, . 1,1..?lut ilA. \ o.-'~. DATE: ~I fi ! (!JQ ~NC.' \0 e> ){..8 'I 1<- 1<"" @.. 110 "- 1/00 d-.4- /.. S t' ~.R:L II IZ~ j ~) . I 'do ~..... - zee. r" ' I' J~ .II 'Io:l?> ) 0 '0 :;;,~, 4 Lo~ $CiLw \olIl~ G:.. - F-~' .- ~~~- ;bt> "Do-......v - ~ 000 (}a~ J ~fI<,:.\.C.t:<<lti ?,.O~d C~..l.t^./rc~ - ~r50 L~...c.I\.. .4 \'1\ ~r-..I G 4 &~ (:!4hn.-:, e- · ci 0 ~1/+4- ~ / ;). f) 0 ~ - 7) 2& , 00 3{.,~.3o /OGJUQ. jrp;7~ I. '.2.0 I..~v......'~ ~ . 5"10 lS% ~ \ AGENDA ITEM No. /~J.j OCT 2 4 2000 Pit. /? . -.----' EXECUTIVE SUMMARY ~ APPROVE A 2000 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING POST-DREDGING MONITORING OF DOCTORS PASS. Obiective: To obtain approval ofa Tourism Agreement to enable reimbursement to the City of Naples for Post-Dredging Monitoring of Doctors Pass. Consideration: On September 28, 1999, the Board of County Commissioners approved a TDC Grant Application for Post-Dredging Monitoring of Doctors Pass. In accordance with established policy, the Board of County Commissioners shall enter into a contract with the recipient of the tourist tax funding. The attached Agreement has been prepared fur such purpose. FiscalImDact: Pursuant to approval of the TDC funding application by the Board of County Commissioners on September 28,1999 [Agenda Item 16(B) (7)], funds in the amount of $8,600.00 were appropriated in the FY 99/00 budget for this purpose. Due to the timing associated with obtaining the executed agreement from the City of Naples, these funds could not be encumbered during FY 99/00. Therefore, approval ofa budget amendment is necessary whereby these funds will be transferred from the reserves of Fund 195 and be re-appropriated in FY 0010 1. .- Growth Manae:ement Imoact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: 1. Approve the attached Tourism Agreement with the City of Naples regarding Post-Dredging Monitoring of Doctors Pass. 2. Approve the necessary budget amendment for this obligation. 3. Authorize the Chairman to execute the Agreement. ~- AGENDA I~ No. /~ ~ OCT 2 4 2000 .. . p.. / SUBMITTED BY: ~~L., Harry Huber, Project Manager III Department of Parks d Re eation Date: It> .3.00 Date: /P -5'- . , Date: /.0- t -0- 6 Attachment C: Jon C. Staiger, PHD., Natural Resources Manager, City of Naples Jane Eichhorn, TDC Coordinator Beach RenourishmentlMaintenance Committee AGENDA ITEM No. /~~J!L OCT 2 4 2000 pc. .:;. - 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING POST-DREDGING MONITORING OF DOCTORS PASS THIS AGREEMENT, is made and entered into this _ day of , 2000, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan'') funded by proceeds from the Tourist Development Tax; and WHEREAS, Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for beach renourishment and pass maintenance projects within Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax funds for post-dredging monitoring of Doctors Pass; and WHEREAS, COUNTY desires to fund the proposed Doctors Pass maintenance project proposed by the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal outlining the pass maintenance project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit "A." GRANTEE shall provide the project activities outlined in the PROPOSAL within the budgeted amounts provided in the PROPOSAL. GRANTEE shall not be reimbursed for any expenditures not included in the PROPOSAL nor be reimbursed for amounts in excess of those provided in the PROPOSAL unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT: The maximum reimbursement under this Agreement shall be Eight Thousand Six Hundred Dollars ($8,600). GRANTEE shall be paid -- in accordance with the fisci1l procedUres of COUNTY upon submittal of ~ 'lnvoi ~ ITEM No. /"(/1 It! OCT 2 4 2000 Pit. -.3 ~ verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section I will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY - $300,000 each claim per person PROPERTY DAMAGE LIABILITY - $300,000 each claim per person PERSONAL INJURY LIABILITY - $300,000 each claim per person, " M;El-lOA ITEM.i" . No. /,hf4J OCT 2 4 2000 Pit. J;C .. -. 2 ..._-"_._---"_..._--_..-...._...~ ..-.-< WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY - Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities that are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAlR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section I. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendor, including, ,but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may,' in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION: To the extent permitted by law the GRANTEE shall hold hannless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 . . .AGENOAJTEM .' "'.-. ' . No.'/~t9)t' .. 3 OCT 2 4 2000 Pit. 5' ... -"._~-, .,---."-"'<"'-"~'-' .. ., All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: .JIlothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of tennination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related' to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 11. A V AlLABIUTY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and fmancial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after fmal payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, {)r transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. A/SENDA ITEM No. ,/ /{AI"; OCT 2 4 2000 Pi. b ~ .- ,'...... " . 4 "._,".,.~--_., 13. TERM: This agreement shall become effective on and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A." 14. AMENDMENTS: This Agreement may only be the amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph. ,J). Chairman WITNESSES: GRANTEE CITY OF NAPLES (I)~7("-'''' c2.;f,<t~ V~\~\Q. ~,V'-~~ Printe ped Name (2) BY:~.t~~:~.~~ " Bonnie R. MacKenzie, Mayor . (!... e.1k17JP"nd.e-V yped Name ATTEST: ~~t?~~ City Jerk (Corporate Seal) Approved as to form and legal sufficiency ~ <~~<<Q ~~t CountY ttorney lCS\Word&t8\MBTDAOJ>oc:tors Pass !",oniloring TO.tax agreement 200Q.doc Approved as to form and Ie aI sufficiency AGENDA ITEM No.7M1!i OCT 2 4 2000 PIt. l' 5 h."_._'.__,."_"_"_' ----- EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council Count)' Administrator 3301 East Tamiami Trail Naples, FL 34112 -I. Name and Address of Applicant Organization: Cit)" ofl\aples 735 Eighth Street South Naples, FL 34102 2. Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Brief Project Description: To conduct the oermit - comoliance monitorinll: for the imolementation of Doctor's Pass Inlet Manall:ement Plan AGENDA ITEM No./(4)1j OCT 2 4 2000 PIt. ? - - _n.... 6 ~_. ...... ......~....IUpl.u......I.. _V"'U"'II Grant Application Page 2 EXHIBIT A 5. Estimated project start date: October 1. ] 999 6. Estimated project duration: One Year 7. Total amount requested: $8.600 8. If the full amount requested cannot be awarded, can the program / project be Restructured to accommodate a smaller award? Yes No x 9. Identify the goals and objectives for the project: To monitor deoth in the inlet svstem and its aooroaches in order to schedule oeriodic dredging and to satisfy the 10nQ-term oermit conditions. 10. Describe what benefits will be received from the project: Navigability imo the Moorings Bav System is assured and an annual average of 10.000 cu. vds. of sand is bvoassed onto the beach to the south. 11. Describe how tbe effectiveness of tbe project will be evaluated: Standard survey technologv 12. Describe how the project enhances existing County Tourist Development programs: It helos maintain the onlv inlet into the 3-mile long Moorings Bav Svstem. 13. Describe how financial resources will be monitored. Standard City ofNaoles Finance Deoartment oroiect management and accounting orocedures. " . . ... ". AGENDA ITEM No. /6r;1)~ OCT 2 4 2000 Pit. 9 _ _. _&~.~......_...... .....V..."'"'II . Grant Application Page 3 EXHIBIT A 14. Please complete the following questions and provide additional information, if necessary: . Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (X) No ( ) . Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) . Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (X) No ( ) . Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes (X) No ( ) . Is the proposed project required by a regulatory agency as a condition for approvaVfunding the Collier County beach restorations projects? Yes (X) No ( ) . Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No ( ) . Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the 10caVnon- local ratio? Yes (X) No ( ) . Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) ,. . . ". AGOIlA .Tnt No. /hfl\ ~ OCT 2 4 2000 Pi. /d - - ---.': - --....... &J......vt'........~ .....VUU~ll Grant Application Page 4 EXHIBIT A . Is there a potential for an alternative/matching funding source? Yes (X) No ( ) If "Yes", please identify Florida DEP . Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) · Has the project been reviewed and recommended by the Beach RenourishmentlMaintenance Advisory Committee? Not vet - No meeting in Julv " AGENOA ITEM .Nil. /A~l ~ OCT 2 ~ 2000 PIt. /1 '. .t."". '. . ...1 - Grant Application Page 5 EXHIBIT A I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organiz . n will comply with all guidelines and criteria. ief Official or Designee* Date: Oi tl...J.. I Cj~ \ *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24,1993, Agenda Item 16 (H)(2). ., - . . ".-. " . AGENDA ITEM No. /6ft1) II OCT 2 4 2000 Pi. /~ .............._. ..............uJ .I UUII~l UC\-~lOpmenI LouncH Grant Application Page 6 . EXHIBIT A PROJECT BUDGET Semi-annual monitoring: Labor and overhead... Vessel, survey fathometer, Precision positioning, etc.. ., Contingency Total ~---_._- --- $6,400.00 1,600.00 600.00 $8,600.00 4 . ~AITEM . No- J" @)!:I - OCT 2 4 2000 .1-1 Pi_. ~. EXECUTIVE SUMMARY APPROVE A 2000 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING MAINTENANCE DREDGING OF DOCTORS PASS. Obiective: To obtain approval of a Tourism Agreement to enable reimbursement to the City of Naples for Maintenance Dredging of Doctors Pass Consideration: On September 28,1999, the Board of County Commissioners approved a TDC Grant Application for Maintenance Dredging of Doctors Pass. In accordance with established policy, the Board of County Commissioners shall enter into a contract with the recipient of the tourist tax funding. The attached Agreement has been prepared for such purpose. Fiscal Impact: Pursuant to approval of the TDC funding application by the Board of County Commissioners on September 28, 1999 [Agenda Item 16(8) (7)], funds in the amount of $468,800.00 were appropriated in the FY 99/00 budget for this purpose. Due to the timing associated with obtaining the executed agreement from the City of Naples, these funds could not be encumbered during FY 99/00. Therefore, approval of a budget amendment is necessary whereby these funds will be transferred from the reserves of Fund 195 and be re-appropriated in FY 00/01. Growth Manae:ement Imoact: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners: I. Approve the attached Tourism Agreement with the City of Naples regarding Maintenance Dredging of Doctors Pass. 2. Approve the necessary budget amendment for this obligation. 3. Authorize the Chairman to execute the Agreernent. AGENDA ITEM ./ No. /~ (9)~ OCT 2 4 2000 PI. / SUBMITTED BY: ~/~--- Harry Huber, Project Manager III Department of Parks and Re eation REVIEWED BY: Date: ./rJ -$. ~O Greg Mi he, Director Ho#~ct... Urban ff~rov~ent APPROVED BY: ~ ~ Date: /6- 6-60 Vincent A. Cautero, AlCP, Administrator Community Development and Environmental Services Date: /0.:/.00 Attachment '- c: Jon C. Staiger, PHD., Natural Resources Manager, City of Naples Jane Eichhorn, TDC Coordinator Beach Renourishment/Maintenance Committee AGENDA ITEM No. /6(4)6 OCT 2 4 2000 Pit. :L 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING MAINTENANCE DREDGING OF DOCTORS PASS THIS AGREEMENT, is made and entered into this _ day of , 2000, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for beach renourishment and pass maintenance projects within Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax funds for maintenance dredging of Doctors Pass; and WHEREAS, COUNTY desires to fund the proposed Doctors Pass maintenance project proposed by the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal outlining the pass maintenance project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit "A." GRANTEE shall provide the project activities outlined in the PROPOSAL within the budgeted amounts provided in the PROPOSAL. GRANTEE shall not be reimbursed for any expenditures not included in the PROPOSAL nor be reimbursed for amounts in excess of those provided in the PROPOSAL unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT: The maximwn reimbursement under this Agreement shall be Four Hundred Sixty Eight Thousand Eight Hundred Dollars ($468,800). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upo . su A ITEM No. /hV;J.5 1 . I I I I I i I \ I I , , , OCT 2 4 2000 p,. d of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY - $300,000 each claim per persolL PROPERTY DAMAGE LIABILITY - $300,000 each claim per person PERSONAL INJURY LIABILITY - $300,000 each claim per person 2 AGENO" ITEM No. /.(4).<" OCT 2 4 2000 Pt. If WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY - Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities that are to be funded pursuant to this Agreement until COUNTY has received the Certificate ofInsurance. 5. CHOICE OF VENDORS AND FAlR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section r. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendor, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION: To the extent permitted by law the GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 AGENDAI~ No. /6(;4) OCT 2 4 2000 PIt. (5 3 - All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 11. A V AlLABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after fmal payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. AGENDA "rEM .......- No. /6~)6 OCT 2 4 2000 PIt. , 4 .. ,: 13. TERM: This agreement shall become effective on and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A." 14. AMENDMENTS: This Agreement may only be the amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 1 S. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph., DChairman WITNESSES: (1~~~t2~ V-\~\l'\\~ \\.~ Printe yp.ed Name GRANTEE CITY OF NAPLES By~~~~6,{ Bonnie R. MacKenzie, Mayor (2) ATTEST: ~ {! ~ rn#LCi#1- City Cler (Corporate Seal) Approved as to form and legal sufficiency AGENDA ITEM./ No. /6VIJ. ~ OCT 2 4 2000 Pit. l' ~ . fl1~.~e~S2 Istant County 'Attorney SCSI WordataIMBTDACIDocto" Pass dredging TO tax agreement 200Q.d"" 5 EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Administrator 3301 Eas1 Tamiami Trail Naples, FL 34112 1. Name and Address of Applicant Organization: City of~aples 735 Eighth Street South Naples, FL 34102 2. Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Brief Project Description: To maintenance dred!2e Doctors Pass in conformance with the Doctors Pass Inlet Mana\!ement Plan. AGENDA ITEM r" No. 4fJ~ OCT 2 4 2000 Pi. ? -, Collier counTy I ounst uevelOprnent L.ouncll Grant Application Page 2 EXHIBIT A 5. Estimated project start date: 6. Estimated project duration: Six months 7. Total amount requested: $468.800 8. If the full amount requested cannot be awarded, can the program I project be Restructured to accommodate a smaller award? Yes No x 9. Identify the goals and objectives for the project: The Inlet ManaiZement Plan requires drediZing 40.000 cu. vds. of sand from the Pass on a four-year cycle. with sand olacement on the beach to the south. That sand volume is included in the Beach Management Plan. 10. Describe what benefits will be received from the project: The inlet will remain will remain naviiZable and the required bvoassing of sand will renourish the beach to the south. 11. Describe how the effectiveness of the project will be evaluated: Post-construction surveYS and profiles will determine the volume of sand bvoassed. 12. Describe how the project enhances existing County Tourist Development programs: It maintains the only inlet into the 3-mile long MooriniZs Bav SYstem. 13. Describe how financial resources will be monitored. Standard City ofNaoles Finance Deoartment oroiect management and accounting orocedures. AGENDA ITEM ./ No. /~~)~ OCT 2 4 2000 Pi. 9 - Collier County Tourist Development Council Grant Application Page 3 EXHIBIT A .- 14. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (X) No ( ) · Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) . Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (X) No ( ) . Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes (X) No ( ) . Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier County beach restorations projects? Yes (X) No ( ) . Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No() . Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes (X) No( ) . Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? . Yes (X) No ( ) AGENDA ITEM........ No. AI ~)~ OCT 2 4 2000 Pit. /0 --~-'----~-'------", - Collier County Tourist Development Council Grant Application Page 4 -' EXHIBIT A . Is there a potential for an alternative/matching funding source? Yes (X) No ( ) If "Yes", please identify Florida DEP . Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) . Has the project been reviewed and recommended by the Beach RenourishmentlMaintenance Advisory Committee? Not vet - No meetinll: in Julv AGENDA ITEM /' No. /6 ((4).!) OCT 2 4 2000 PI. // -_..--- -....-..-.; - .._.....~ ..,.........Vpllllo..J.IL '-'VUIIL.11 Grant Application Page 5 EXHIBIT A - I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Date: 0 ~ oJ.J... . 99_ \ *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H)(2). AGENDA ITEM No. /h tI?J.5 OCT 2 4 2000 PI. /.2. . Collier County Tourist Development Council Grant Application Page 6 EXHIBIT A PROJECT BUDGET Dredging project: Mobilization/demobilization.. . $100,000.00 Additional dredging, if needed 245,000.00 71,500.00 Dredge 45,000 cu. yds.... Contingency, 5% 30,000.00 22,300.00 $468,800.00 Engineering/construction management AGENDA ITEM ./ No. /t (/J)~ OCT 2 4 2000 Pit. L1 . --- EXECUTIVE SUMMARY AUTHORIZE STAFF TO APPROVE AGREEMENT WITH LEWIS AND ASSOCIATES TO PROVIDE AUDITING SERVICES OF MEDIAONE AND AOLITIME WARNER CABLE TELEVISION FRANCHISE FEES OBJECTIVE: Obtain auditing services from Lewis and Associates to identify any underpayments of cable television franchise fees. CONSIDERATION: Provisions of the Telecommunications Tax Simplification Act passed by the 2000 Florida Legislature will transfer control of cable television franchise fee collection and distribution to the Florida Department of Revenue in 2001. The Act will prohibit Collier County from auditing and/or reconciling the cable franchise fee, 5% of gross revenues, in the future. Lewis and Associates, of Hollywood, Florida, is currently conducting a similar audit for the City of Naples of its cable provider on a contingency basis. -- Lewis and Associates has agreed to perform the audit of Media One and AOL/Time Warner for Collier County on a contingency basis of 35% of any identified and recoverable underpayments. FISCAL IMPACT: Auditing services will be performed on a contingency basis of 35% of any underpayments identified and recoverable. GROWTH MANAGEMENT IMPACT: There is no impact RECOMMENDATION: Board authorized the Director of Utility and Franchise Regulation to enter into, mo r ,or terminate the attached agreement. SUBMITTED BY: REVIEWED BY: Date: tD "1.Pil D.E. "BLEU" WALLACE, Director 1011\.0\ r~(..t,.I.v---- Date: / J' -' 'f,- ~ THOMAS C. PALER, Assistant County Attorney j\Nti~ /,>t/Yt. Date: 1("-/1- 00 JOHN M DUNNUCK III, Interim Administrator Community Development & Environmental Services -- APPROVED BY: AGEIC)A ITEM No. /t(A) I. OCT 2 4 2000 PIt. I 2131 Hollywood Boulevard, Suite 20B' Hollywood, Florida 33020' Phone/Fax: (9541 922.9002 September 7,2000 Mr. Doug Essman Cable Franchise Coordinator CoUier County Government 3050 N. Honeshoe Dr. Naples, Florida 34104 Dear Mr. Essman: This letter is to set forth the Agreement of the County of Collier County to retain the firm . of Lewis & Associates for the purpose of representing the County in the area of cable television franchise fee compliance'verification. In connection with this engagement, the services to be perfonned are as follows: 1. Identify what specific sources of revenue are subject to franchise fees application by reviewing County's franchise agreements and related ordinances. 2. On-site visits to franchisee to obtain and examine relevant accounting data and supporting documentation. , 3. Identify all revenue sources by classification, verify calculations and vouch to supporting documentation. Evaluate allocation methodology with respect to non-subscriber revenue and conduct search for unreported revenues. 4. Examine'thecableoperator's data base todetennine it all active addresses within the County's unincorporated boundaries were included in the franchise fee remittances. 5. Recalculate the franchise fee due the County using the approved effective rates. 6. Issue report summarizing and explaining our findings. 7. Assist County in negotiating financial settlement with cable operator. AGENDA ITEM No. .I 6(11 LG:2 OCT 2 4 2000 '1. Pit. - I We will require the County's assistance in the following areas: 1. Provide copy of franchise agreement and related ordinances. 2. Provide copies of aU franchise fee payment. remittances along with supporting documentation covering the period under examination. 3. Provide listing ofzip codes located within the County's unincorporated boundaries. 4. Provide hard copy and electronic listing of all street addresses located within the County's unincorporated boundaries. 5. Provide verification of specific addresses which contain the above zip codes but are not reflected in franchisee remittances. Lewis & Associates will extract this information from the cable operator's records based upon data indicated in Item 4 above. 6. Diligendy pursue coUection of assessment generated by examination in a timely manner. 7. Invoice cable operator within thirty (30) days of receiving report summarizing findings and to keep Lewis & Associates informed and involved in negotiation process. For services rendered in connection with the scope of this assignment our fee is as follows: Review Services To Be Performed: AT&T Broadband & Internet Services (Formerly MediaOne) & Time Warner Cable Contingency Fee- 35% of the underpayments identified and recoverable as indicated in our report. Should the County choose to forgive certain amounts due from the cable operator that would otherwise be recoverahle, under its franchise agreement and Federal Law, Lewis & Associates will be entided to 35% ofthe amount forgiven. The fee is due upon settlement of audit findings with cable television operator. If Lewis & Associates is required to enlist the services of an attorney to assist in collecting any amounts due under tbis agreement, the firm will be entided to attorney's fees, costs, and interest at 1 Yz % per month on the outstanding balance. If the foregoing meets with your approval, please so indicate by signing tbis letter where designated and return an executed copy to our office for our records. . AGENDA ITEM No.~ OCT 2 4 2000 2 !'e. '-":? We look forward to working with you and the other County Officials on this project. SinCereIY,~ ,{C~WiS President By: Date: County of Collier County AGENOA ITEM No.A(&k OCT 2 4 2000 1 PIt. 3 EXECUTIVE SUMMARY PETITION C-2000-9, PHYLIS M. JENSEN, FESTIVAL CHAIRMAN, OF THE NAPLES IT ALlAN AMERICAN CLUB, REQUESTING A PERMIT TO CONDUCT A CARNIVAL "ITALIAN FESTA" ON NOVEMBER 2, 3, 4 AND 5, 2000, ON THEIR PROPERTY LOCATED AT 7035 AlRPORT ROAD NORTH. OBJECTIVE: The Naples Italian American Club, requests the Collier County Board of County Commissioners render an approval to conduct a carnival on the grounds of the Italian American Club located at 7035 Airport Road North during the time period of November 2, 3, 4 and 5, 2000. This is an annual fund raising event in support of programs. CONSIDERATIONS: .-- The Naples Italian American Club has met all the requirements of the carnival permit procedures other than those provided for within their request for waiver of the Surety Bond. The applicant has contracted with waste disposal and enlisted their employees and volunteers for the clean up of their property after the carnival is over. FISCAL IMPACT: - The $250.00 permit application fee does cover the cost of processing and required inspections. However, waiver of the Surety Bond may have a Fiscal Impact on the County if the applicant fails to restore the site back to the original condition. This event has been an annual event for some years and they have no history of not restoring the grounds to their normal condition. GROWTH MANAGEMENT IMPACT: There is no growth management impact. .- AGENDA n'EM No. II. (Ii) 7 OCT 2 4 2000 1 Pi. / PLANNINC SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the permit application to conduct the carnival. Staff recommends the Surety Bond be waived. P tCl' '+.00 DATE RONALD F. I , AICP CURRENT PLANNING MANAGER REVIEWED BY: ~ ROBERT J. MULHERE, AICP PLANNG SERVICES DEPARTMENT DIRECTOR /,/ '7 DATE APPc~iI_ ~/ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. / 6---6 ~C6 DATE giadmin/C-2000~9/Ex Summary/em AGENDA ITEM No. /~CfJ) 1 OCT 2 It 2000 ;. PIt. 2 Permit 1'<0 PER.\f1T FOR CAR.,"\IVAL EXHIBITION ST.-'\. TE OF FLORlDA COL""""'TY Of COLLIER WHEREAS, Phyllis N, Jensen, Festlval Chainnan, representing the Naples Italian-American Club, Inc., 1a~ made application to the Board of Coumy Commissioners of Collier Coumy. Florida, for a penmt to conduct a .:ami\al eX!llhltlon: and \\-HERE.4.S. Phvllis "" Jensen. FeSli\'al Chairman. representing the Naples Icalian-American Club, Inc" Ius prcsenr::'c !;, tili;' Board su/Ticient e\'idence thaI all criteria for the issuance of a pennit to conduct a ~'J:':1J\ al nhlbltioll as seT forth in Chapter 10. Anicle Il, Amusements and Entenainments, of the Collier Counry CC1Je hJ\'e been sat]sfled and that such cami\'aLexhibition will be conducted according to lawful requirements and :o:hiniollS: ,mJ WHEREAS. said :';aples Ita hall-American Club, Ine.. bas requested a wai\'er of the, Surety Bond; :-;0\\', THEREfORE. THIS PER.\-HT IS HEREBY GRANTED TO the Naples Italian-American Club, In," 10 ,'ondu:l a eaml\'alexh]biuon Oll ~o\ember 1, 3...] and S, 2000, in accordance with the temlS and conditions set forth in the pentlLmer's application and all related documents, attached hereto and incorporated herein for the following described property: (See artached ExhibIt "A ') The; J;;'Juc~t tor waIver of Surety Bond]s hereby approved. \\Tf'\F.'sS my hand as Chairwoman of said Board and Seal of said County, anestea by the Clerk ofCouns :1, Jl;d :-O[ _,aid CDLlnt~ this ailyof 2000 .,\TTEST D\\"IGHT E BROCK. Ckrk BOARD OF COl1'<TY CO\1~IISSIO?\ERS COLLIER COL~TY, HORJD..\. , CHAIR.l\1A~ .':"pprowc. as to Fom1 and Le~al Suffinenc) :I ~..(.:_ \.larJiJ]le \1 Srudent A.ssiswnt County /\ttome) :< ~;'~-,;", Je, :m AGENDA ITEM No. /6f1l '/ OCT 2 4 2000 Pit. 3 , NOTE: Please read reverse side Before completing this Petition. Copy: Copy: Copy: Zoning Director Petitioner (2)counRet,~VED ~. . CARNIVAL OPERATION PETITION COO 9 "''''11III DATE: GCT 2 - 2COO PETITION NO. AGENT FOR PETITIONER: p,t 6IIlNINr. SFRVICES PETITIONER'S NAME: .$,4m PINe A,YII)<:,Effie"-'TS Ct-. ,+Nc PETITIONER'S ADDRESS: &., \"t-EA5A"-.5\ ,sr- -- rY\A-lJ)SN , A\ri, (j;J.Il/f- If a corporation, whether or not a not-for-profit corporation:~ - {of/. - DR."+it , PROPERTY OWNER'S NAME: ~c: S .lli.1 i (.\1\\ ft/l1lE eiCA-N C lu.-b,rl--Ic... PROPERTY OWNER'S ADDRESS: 7 6 ~ I) Ai A.p oe. t A.A N. _IV Aple.5) Flo~iJ..A ?lYlO.3 TELEPHONE:Q4/-SQ)-5;1.IO LEGALDESCRIPTIONOFSUBJEcrPROPERTY:~T~P.lJf-Il -l- SociAl Clu.b GENERALLOCATION: ~,tll, Cof<NvR-. AiRpoill-f Rd ~ ORA/.J3e_ 81055<:'(>1 CURRENT ZONING:..AjR;c.u..ltu~LCURRENTUSE SociAl (Iu.. 1, NAlURE OF PETITION: CAR t4iLJAI Ope.M:f10N i/J WAJTuNC"+ioN UJi+~ ,- F!:'S-tA 1:i"A1 i A /J 1'1 ,. THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. 3.e.l) 3.eA) 3.e.7) 3.b. 3.0.2) 3.e.5) 3.e.8) 3.e. 3...3) 3...6) 3...9) 3.d. 0__ .. _ a ..10) ;i~;~;~{;~ DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNA lURE OF COUNTY ADMINISTRATOR: .....AllEN No. I~ fI) 1 OCT 2 4 2000 PIt. .1/ , ~ /' /' - . ~ -~~"".'--,_._^_.- ~-_.._._~.,,",,~- Excerpt !rom Ordinance No. 75-11 Filed Sectetuy of State 3/6f/5 1. Application and Fcc for Permit. A minimum of twenty (20) days before occupying the cunlva1 or cxIu"bltion lite, an application for a permit lhall be IIIbmltted to the County Manager In four (4) copies accompanied by: @ A IIIrCty bond in the pcnallUDl of $2,500, isIIIed by a company authorized to isIIIe IIIch bonds In the ltate, conditioned 1IpOIl the opentor complying with each provision of thIa ordinance and subject to forfeiture 11IIder the terms provided in section 10-31. b. Evidence of CUZTCDt publls: liability insurance covengc, isIIIed by a company authorized to db business in the ltate, in the minimum amount 'of $ I 00,000 for any One person and $300,000 for illY one incident; Co A non-refundable fce ofS250.oo for the following: 1. Pennlt processing; 2. FiR and safety inspections; and 3. Electrical and atructuIa\ inspections; d. A CUZTCDt occupational license issued by the CoUler County Tax Conector; and c. Including the fonowing information: 1) The name and headquarten address of the camlval or cxIu"bition company with a direct or indirect financial intercat; name IlId address of any sponsoring organization, and the name IlId loca1addrcss of the applicant representing the camlva1 or exhibItion company; 2) 'A dC3eription of the every activity to be conducted such II but not limited to, menageries: circus and Ilde-lhow performances: amusement; merry-gD-round and other ride activities: food and drink dispensing facilities: booths for conduct of games of IkiIl or chance not prohibited by State Isw to be open to the public for an admission or partieipstlon fee and number of persons to operate the activltiC3; 3) Name, identificatiOn and IOCiallcc:urity IlUIDbcr of each penon accountable for the operation of eacb activity; 4) A description and lketch of the lite Ihowlng the location of each lCt!vlty proposed, the location and IlUIDbcr of sanitary t'acilIties: parkinlt faeUlties, and provision for lighting and public water; S) Application for Food Establishment Operating Pennlt!rom the Colmty Health Department II required by chapter 66, article IV of thIa Code: 6) The pbn for ref'use, gubagc, debtla and aewage disposal during IlId aflcr operation of the circus or cxIu"bition; AGENDA ITEM No. /. flJ '/ OCT 2 4 2000 Pit. 6 I Naples Italian-American Club 7035 Airport Road North Naples, tlorlda 33942 "Po S<1>>( 770801 !'JAjOl"s, PI 3'140? 9126/00 Collier County Development and Environmental Services I)ivision 2800 North Horseshoe Drive Naples, FL 34104 RE: Italian Festival Dear Mr. Mulhere, This letter is to inform you that the Naples Italian American Club will be hosting their 4th annual "ItalilU;). Festa" on November 2,3,4 and 5, 2000. This festival will be held outdoors on our premises. The hours of operation will be 6:00pm to lOpm on Thursday, 6:00pm to II :OOpm on Friday, 12:00 noon to 11 :OOpm on Saturday, 12:00 noon to 9:00pm on Sunday. All the necessary permits and inspections have been applied for to comply with Collier County regulations for the Carnival rides and for the event itself. I am requesting a waiver of the surety bond in the penal sum of $2,500, since the event will be held on our property, the Naples Italian American Club will be responsible for clean up and maintenance of the property. Should you have any questions please contact me at 597-3399 between 8:30am - 5:00pm. s~~ Phyllis M. Jensen Festival Chairman Naples Italian American Club - AGE/t)A ITEM No. /~LZ. OCT 2 4 2000 PI. fo .'." ..., Commencing at the Southeast comer of Section 2, Township 49 South, Range 25 East, run North , .? 1708.10 feet, West 100.07 fe~~ North 330 feet, to the Point of Beginning, thence continue West 660 feet, North 330 feet, Ea~t 660 feet, South 330 feet to Point of Beginning, consisting of 5 acres, as recorded in Official Record Book 519, Page 983, Official Records of Collier County, Florida. ^ .' '_'~H_~_~_'''''''---'-''-'''''~"'_.~ -- ... AGENDA ITEM No. /6 (Jl) 1 OCT 2 4 2000 PIt. 1 Exhibit "AIl ~ 7) l'tovisioDS for traffic conlnll, fire aafely and aecurity precautions; " . ~. 8) The elate and time each activity is III be COIlducted and concluded; 9) Written approval from the owner of the property authorizing the use of his premises for Nch camivalactivity. 10) Legal description of pl60-ltf III be utilized. Co,mival Petition AppUeation ClecldlstfrequlremCll1l / , --- -- ~----~---_.. AGENDA ITEM No. /l,V'!) 7 OCT 2 4 2000 Pg go ---..-.--....-....- f' .~ SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event J.e5+A 1:tA{ j AN A Address of event 76"3 ,it) A-: 1 P mt!. f Rd. N.. . ~I"'&.; _ (,P'" - '01'''' Date(s) of event N6tl. a.3 ,Lj "" 6'. J,ooo Hours of operation ,,', ~ "1'''' - II P (YI ~..t - 1iJ......." - "p'" Sponsor of event ..1I.A-l1le~ 1 !a.1lAU AM~t.ic AH c.lu.h SUt-l.- I).No.,,-<fp'" , Person in charge of food service L u i ') m 14 (cL,N A d () Phone 14/- S17- 5;( I 0 Number offood and beverage booths.f LA~ft:. F~J feMt, L/ 6eJJ~e.. &o+J\5 &:> II e- N daJe. Barl-J... s Estimated number of attenders expected at the event at one tln._1 ,;?,..,O Number of toilets to be provided: Portable: Male (111 ) ~ . Permanent: Male ( ) Method of toilet waste disposal: Female (J Female ( I ~ .#0>9/JdfOf~(;l) I /)/~,IJ~/ S~ic~ Descnbe method of liquid kitchen waste disposal: ~,eE~ ..,I,,1A ;'9,fd LJ~A-I,t/ I=i...ld Describe containers and method of solid waste disposal (garbage): U/4"51,., /J1.4tr/A..f "'-.l?r~ ".d' flu n; ~ sk s. Number of solid waste disposal containers provided: Descnbe facilities and ri1ethod of handwashlng: / SJJ.Jk-; eo/- 7".A-"D tt.I,.tJ.~ /..1/ /'Jvh hc.J/t~y Describe facilities and method of utensil washing, rinsing and sanitizing: -r4b<;,.t~/1:J1 .2J)<;./, LI/Ac:;jPN'_ Source of potable water. C i 7' ILl 4-fe,,J!. AGENDA ITEM No. /h~) 7 OCT 2 4 2000 I Pit. q ;ATION: JEO: ---- 7035 AIRPORT OCCUPATIONAL LICENSE :lOOO/2001 HENEWAL NOm;!; MAKE CHECK PAYABLE TO: COLLIER COUNTY TAX COLLECTOR 2800 N HQRSESHORE DRIVE' NAPLES. FLORIDA 34'04' !ZtJljQ3-2477 THIS LICENSE EXPIRES SEPTEMBER 30. ' RD N 'fGE OF Loc,a,nQN NESS WITHIN CITY UMITS 'OENCE USED .AS OFFICE '~GE OF OWNERSHIP "00 (10 '''''' (""l""lll ~";" ~,,,,.,, ,,~," YES U NO I-j YES 1 I NO I; yES LJ NO I:; YES U NO r-' LEGAL FOAM INDIVIDUAL I ) PARTNERSHIP I .J CORPORATION I X') MAKE CHANGES OR CORRECllONS 13H()W -~._-- PROFESSIONAL REG NO. NES, PROVIOE THE FOllOWING: 'ERAT10N YES n NO [) 78 1 - a~~I'f~2 W1y'1E SAM E'INO AMUSEMENTS CO.l PINO. SAMUEL A ,/1\ 6 PLEASANT 81' MALDEN ~1^ ,TING CAPACITY )M COUNT JBER OF EMPLOYEES 'deER OF VENDING MACHINES )NE COUNT 'SSIFICATlON CIRCUS, 02148 TRAVELING SHOW,CARNIVALS CARNIVAL. SIDE SHOW ."RETURN THIS NonCE WITH-FEE'" ~RE6Y DECLARE THE PRECEDING STATEMENTS ARE TRUE AND FACTUAL TO THE BEST OF MY KNqWLEOGE. ;N OWNEJ< ....NO~ FlEPRe.SENUllVE OF B\JSINESS WA K-IN R A. Y 1 _ MOUNT DUE '100.0 BEFORE ,PTEMBE::R 30 TITLf N V I. V D....n AN. 1 AN A. , N {)nU7~,'i/ 0180(1)01 "- AGENDA Il'f-N.n No. /6 ft!!.J OCT 2 4 2000 Pit. 10 I , ,. '.,.'" ..,.,.. .,.. .,.,. .~ .~. - . .~.'..~ ~.\ ". . '!lil'~ ,",: :1 -,.-.... . I ,:t . ~. " ..__ r' '!!':r' ._, """,.\ .' ',:1;'"'' -. "':1"- ," I .,,:.~.., "C", I il.ll > I ~ 1. I .8~~:- I ';r~": r ~ ~...... \. I ,.;.. ~ :..;~. ~'" (') I :[;l,t) 8.,01 . ...., ;0''''1 . .f' I . I 0 ~; 0 I,' , . AGENDA ITEM No. /1 ~J 2 OCT 2 4 2000 Pit. II ~ , ~ .' 1" r -, -e;1'o. ...::"'t '0\1, ltjOIYIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: Fc-;,\A .:+:,;A-l" At-+ Co ITo,... C,AJJ.) 'I Name of booth: Person in charge of booth: S4Il'\ {J,~Cr Types of food or beverage to be served: /, (I"~N~? t. ~:~/,ClwC>'fM'Les/IW~I, ,o/L~f~~r Lu,L ~ D4.JA..k.( Florida Administrative Code, Chapter 64E-11 requIres all food to come from an approved source. All food storage, preparation and utensD cleanIng for this event shall not be done In private homes. Location of advanced food .preparatlon: ",... $,-{~ How will food be transported to event location? J; - ~. ., I . -. Method of keeping food hot and/or cold at event site: Ikolfr (A"o,h Ji!-e,,,c,et 5 .."'4-/....... Method of cooking food at the location: Food must be protected from duat, Insects, files, coughs, sneezes. How will you provide this protectIon? Des type of structure: G"",cL:. ~ Adequate facilities and supplies shall be provided for ejT1ployee handwashlng. How will you provide thIs? 3 S , . AHEM OCT 2 4 2000 Pit. I)", SAM PINO AMOSEMENT CO.. INC. 1k U(J~U 1~ 4~ Pcuk $ince /958 September 13,2000 ~ Collier County 2800 N. Horseshoe Dr. Naples, FI. 34] 04 Please be advised that regarding the Italian American Club of Naples' "Carnival" to be held November 2 - 5,2000 that our company will be providing the Amusement Rides at the Event. The owners of our Company, with their social security numbers are : Samuel A. Pino, Jr. Rita A. Pino 010-42-9551 020-52-7251 If you need additional information, please contact our office at (781)397-2997. Thank you, ~~~ Robert 1. Kane Business Manager '" AGENDA ITEM , . , ' . No. /J./IIJ? .,,[ 1-800-696-4263 · (781) 397-2997 · Fax (781) 321-03~ 5 OCT 242000 Pit. A3 Naples It, 7035. Naple. September 27, 2(' Ms. Cindy Reyn Fire Prevention North Naples Fir~ Jepartment 1441 Pine Ridge hd Naples, Florida 34109 Dear Ms. Reynold , merlcan Club ')ad ' 'or" h '>,> 4 This is to inforrn you that the Naples Italian American Club on will be hosting their 4th annual "Italian Festa" on November 2. festival will be held outside on our grounds. We ve all the: County and wanted to notify you that there will ' Festival T, grounds. If you have any questions, please conta. ,me betwee 3399. s~~ Phyllis M. Jensen Festival Chairman Naples Italian American Club -_..._--~ port Road North, ), 2000. This permits from the ,ailed on our . - 5pm at (941) 597- 4GEJoI)A ITEM No. /6 (-9) '2 OCT 2 4 2000 Pc. /~ ._----~-^ SE'oJT E;Y' 9-28' 0 : 3:15P~: ("CSO pnR0L DfV - 85979782:# 1/ C DATE: (J"~;"'9~f7D TO: __ _1-~/(,5..:Ji AJS 4 J AGENCY: l' '" C!lulJ FAX PHONE: _ 517-<171;J- FROM: S'O'-lJ)t;J L/I~~IC I Collier Co. Sheriff's Office 3301 E. Tamiami Tr.t Bldg. "J" Naples, FL. 34112 Fax #: 941-793-916B Office #: 713 ~ '9$~ NUMBER OF COPIES (INCLUDING COVER SHEET): MESSAGF_"~/,.r;.~ eve"" ,till $ b I/~P~b(/,I!.r> ~ 1J11[:6~ ~~e3LulML , SN bJA/. - -- AGENDA ITEI. No. A~7 OCT 2 4 2000 Pit. A~ SE7\:T BY < 3-28-0 ; 3: lCPM;u - CCSO PATROL 01V . Details Requiring Manual AsSignment a'5~7:l7e2;# 2/ 2 lIW~/j{~VUV ..---.- --~'....--_._-.. -... D." St.rt En'" Ewnt e___ 1110312000 10002300 FOOTBAlL -8CHS-NOV. ,,10312000 ll100 2300 FooTBAlL-lH8~. 1110312000 ll100 2300 FOOT8AlL-IHlH-IOV. 1'110/2000 1110O 2300 FOOTB l'/OQ/2llClO , OOTllALL-NHS-NOV. 000 0800 2200 IMMOKALeS BRAVEs-POP WARNER-OCT. 11/02/2000 UIOO 2200 ITAU"N AMER. FESTIVAl-NOV. "10312000 1800 2300 11 ALlAN AMER. FESTIVAL-NOV 'M)4/2000 '200 2300 ITALIAN AMER. FESTIVAl-NOV "I01l1;i!OOO '200 2100 ITALIAN ....MER. FESTIVAL-NOV. 0Q00 1200 SCHOOL ac"RD-NOV "/18/2000 18302130 S 1:~712000 ??oo '200 SCHOOL acARO-DEe 1;!I21/2000 1830 2130 SCHOOL eOARD-OEC Det.1I TRAFFIC Ie TRAFFIC TRAFFIC TRAFFIC SECURITY TRAFFIC TRAFFIC TPlAFFIC TRAFFIC SECURITY SECURITY ECURITY SECURITY fteQ A801 o 2 0 3 0 3 0 " 0 2 1 2 0 2 C 2 C 2 C , 0 1 C 1 C C ~, ", , . ,. - AGENDA ITEM No. /~~/1 OCT 2 4 2000 Pc. /, '-.~ .. .~.,. -...:..... - ~qcriff ~on ~untcr .---. Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 Dec, 13, 1999 II, J>A rt-.: ~'/i I /J _ ~.Jf.J) . ' (); 71/3--'1/1' J' Naples Italian American Club 7035 Airport Rd. N. Naples, FL. 34109 OJ(, Dear Ms. Jensen: .r-- Please find enclosed a contract "Extension" form. If you wish to extend our current working contract, please cpmplete and sign the attached form and return to me at the above address. We must receive your signed "Extension" form within two (2) weeks from the date of receipt of this letter or the Sheriff's Office will assume that you do not wish to extend your contract. Your present contract will be determined to be null and void. We are looking forward to continuing our working relationship. If you have any questions or concerns, please do not hesitate to contact me. I 1lI~ N 1 ~V q~ 7~ JC:ck cc: Finance Div. r-- AGENDA ITEM No./6f#/'1 OCT 2 4 2000 Pit. // ..'.,.... ,...- "" , COLLIER CO. SHERIFF'S OFFICE LAW ENFORCEMENT SPECIAL DETAIL AGREEMENT EXTENSION "' .- AGREEMENT entered THIS into this .l. r- day of .j) I t. .I ;' fl. by and between the . Sheriffs 01TIce, HUNrER, SHERIFF of Ccllier County, Naples, Rorida, hereinafter referred to as "CCSO" .J' A--r AOrlda, hereinafter referred to as "CONTRACTOR", 00th of whom shall be . to as the -PARTIes". Y P b This Q)f1tr3Ct extensloo will rem.>in actl...e for the period of one (1) year tem1inating on the ~ / day of '_ ~ ('./ , 2000. AlIlt1e terms and condItlons of the original contract WI" nmain valid. A schedule of spednc dates and assignments for Dep.Jties assigned under this ag~ is attached hereto and mar1<ed "exhibit A", The sd1e:1ule will remain fteldble as agreej on by the PARTIES. (/f- The estlmated mlnimlXn rate, based on rY:lW avalla~e Information, is $21,90 to $30.60 per hour per Deputy, subject to nnaf acmuntlng. If the <D/ltrclct requires vEihlde patrol, the ~ shall be paid $.29 per patrol rrile per vehide; F 'lCIAL ARRANGEMENTS: AJLl. PAYMENT IN NNANCE SO % OEPOSlT REQUIRED ,/ NO DEPOSIT REQUIRfD/TOTAL DUE UPON BIUlNG IN WllNESS VI'HEREOF, THE PARTIES HERETO EXEQJTE THIS INSTRUMENT ON THEIR BEHA1.f, AT THE DATES SET FORTH BELOW. ftS,dPPP, ftS TO FORM AND LEGAL SUFFIQENCY SUBJECT TO EXEamON ay THE PARTIES: (;00 .9.... .........- Signed Name F) .p~"AJ,?'.I~ MMJ TYPed Name ' / ;t/...u~ - Date W: Street Mi-ess Oty, State, Zip Code Telephone Number )UJER CD. SHERlFF'SOfflCE: [ J Approved [ ) Not Approved >Utenant - Special Se:r\1a!s Bureau AGENDA ITEM NO. /b~J1 . Awroved Not Approved .~ Awroved Not Approved Approved Not kJorove<:' OC1 2 4 2000 Pit. If , :.:, .... ,,:............. - l.lO'u:: - RnarlCE Date Undersher1tf Date ~W'..- ,.__.-----.--_..~----- ---- . ...-... /"-. . August 30, 2000 Memo to Cpl. Lambert Special Services Bureau Per our recent telephone conversation, the following information is provided regarding our upcoming Italian Festival: ' .,. Event: Annual Italian Festival x Dates: Thursday, Nov 2, 2000 Friday, Nov 3, 2000 Saturday, Nov 4, 2000 Sunday, Nov 5, 2000 6pm to 10pm 6pm to 11 pm 1--1Noon to llpm lrnoon to 9pm 0( ~ Location: On the Grounds of the Naples Italian American Club...and adjacent lot to the south. (7035 Airport R<1 N and Orange Blossom Lane.) Traffic Entrance and Parking: Entrance to and exit from the grounds are on Orange Blossom Lane. Patrolmen Requirements: One at the entrance and one at the exit sites during the hours noted above. Grounds Parking: Parking of cars on the grounds will be under the assistance of the local ROTC high school groups. Point of Contact: Ren Morani 594.8480 r--- AGENO" ITEM No. /IWJ1 OCT 2 4 2000 PI. /9 ....~._-'-~-......_-_._-~ 4 f\~~ 0 \ :z '" ~._._-_. ~ ... -11 0 XJ ., r- ... ___cO ~ ;:0 () Do II .- I 0)- o - 'D c .. ~ :s - ..04 ~ ~ I GI t, ~ ~ ~ N - :I) < ., 0) Co ... ... ~ III . I -11 ... ~ ~ (b -. () g ~ ~ ~.~ () 0 0 t-" ...., :s t, ... ... ~ U1 GI . %11I ~ ., -10 c: 0 - ... III ~ :I) " ... -~ ... , 5) III ~ C:'J ~ 1/1 rl1 Do ~ 'D :Ill Do ~ m ~ (') :. ~ x V. "ll 1/1 rl1 ~ g, ,. ... t ., ~ 'D ., ~ ~ ~ 04 II 1/1 1/1 ., - , 1/1 "04 ... ... _11 III g S S .... ~ (J1 (J1 (') - - :Ill S s :I) ~ Z> Z> -04 ~ t - - rn - t-.) t-.) II i s ... s ... (J1 s g .' (' ,. AGENDA ITEM No. /~ V7'J 7 OCT 2 4 2000 PIt ~ - CfTY.;,r. . "NUNBII Of lEAlS :i \7 "'f"1I:;,;. CONTlOl NUN.IF"'P.,C"", i~Num .' Su 1-\ I b'1l." It< 0.. !2t1lo' IlIlPfCTlOlllNf . 10 000. ....4 '\ . s 2- o Uhrio& o~"'! o Nobilth04 0 1I>o..M., -'0 btd&..'<;, Dil nsin ',hidt ,00.4 CIrt SerM Unit O ENIlGENCI NOTICE TO SHOW CAUlE: This is . Notice To Show c.... lor !he .m"genq ord.r of....peI-. __ sion of licrnn due to ii Iffert and immtdi- .,. ,hr..''0 the publi, o YiobtiolU in th. op...tion of your ..ublWunenl must be CIIrn<ted by !he NEXl . IOUTINE INSPECTION. WARNING: . E] REQUEST lOR HEARING: Viol.rions in the op".ri.. of your ",_ I.il.re to compl, with p,,,ious establishment musl be cometed br: .- ?~- '"insp.ctions. Iou III'J b. i..u.d. Moti" To ~ \ /J:. \"" . Show CauS' why sanctions should not be Date: ~ J.. ., iUM: '" ,"assessed against your lictnse. -1 NOTE: ITEMS IN RED AND MARKED WITH AN ASTERISK ARE OF CRITICA~ CONCERN AND MUST BE CORRECTED IMMEDIATUV SOURCE ", .I1..01l Apprllud source n .. 0 1 b Wholesome, sound conditiOfl rl 02 Original container: proptllylabeled PHF TEMPERATURE CONTRO~ 0-03,Coldloodatpropertemper'luresduringSlOr.gl,dls. ~....._,' pl,y,smice,tlitnsport,.ndcoldholdino _ n- n3b~ Hot lood .t prope' lempel1~urlJ . .. Ok Foods ploptrl., coohdhehuted -03d Foodsproperlycoo$td FOOD TEMPERATURES Circled temperlltures are in violation .. ~F'" ~\ T.mp.,.~... ~~~~ "<~~ .. ---' -04 Facililiu 10 maintain product tem er.ture 05 Thermometlfs grovided Ind conspicuously pl.ced n 06 P1ltentiaUy hazardous food properly thawed n - 07 Unwrapped 01 potentially hazardous loodnot rNerved o 08. food protection during stor.ge. preparation, dispby. seuice,tr.nspottation n D8b C,oH-cont.mination,eQuipment.personnel,storage o OSc Potential 101 Clou-contamination; Jtorlue PIICticu; l1amagel11oodsegrtUI\ld o 09 foods handled with minimum contlct n 10 InuaelooddispensingutensilsproperlyJtored PERSONNEL n - 11 Personntl with inlections reurict" 0-121 Hinds washed .nd clean. good hygienic prlctices (observed) o -12b Proper hygienic p,actices, tating/drinking/smoking levideDCel "- n 13 C!un clodw. hail rutrainu . FOOD EQUIPMENT ANO UTENSILS . o 14 food cont.ct surfaces designed, constructacf, ruit- lIined, inJtalled,loc.tld 015 Non-foodcont.ctsurf,clldesigned,colIStructed,mail- tlined, installed,locatld 016 Oishwuhingllcilitie:sdesigned,constructed.oper.ted 1.w"--. 2.r....::- 3.sanitiz. ,.-. n 17 Thermometers, Oll/ges. test kits providacl n" Pr..t1usheA. scr.pea. so.ked 18 Wuh., rinse Wit.. clian, proper temper.tur. -201 S.nitirinQconcentr.tion .... n - 20t1 Sanitizing temper.tUfI - \ &.-,0 -F n 21 Wip'"O doths clean. used p,operly,storld n 22 Food contlCt surflces 01 equipment .nd utensils dean o 23 Non.food cont.ct surf.clS d.... n 24 Stol'oelhlndling of dun equipment, utensils -~ SING~E SERVICE ARTIC~ES n 25 Single senict items property stored, handled, dispenJld n 26 Singleservice.rticlesnotre-uslCl WATER ANO SEWERAGE I P~UMBING n-27 W.ter soufce sale, hot and cold under pressure n - 28 Sl!Wllll! and waste w.ter disposed properly n 29 Plumbing installed and maint.ined n-30 Cross-connection.blcksiphonage,backflow TOilET AND HANDWASHING FACILITIES 0-31 Toilet and handwuhinlllacilities. numbel, conuniltlt, .ccusible,designtclinst.1Iecl ~ 32 RestJoomswithself~omgdoors,lixtr..resOjllllatepr.". w~.tKiiry cJuo.lUPplitll with hondlOljl. dUpoubio toweb lIC" hand dryina dem.., tissue. co,.. Wlltl receptacle. ;0. GARBAGE ANO REFUSE OISPOSA~ n 33 Containers coverlll, adequate number, insect and 10denlproof,empt;edatproperintervals,de:1Il n 34 Outside stof'oe Irll clean, enclosure properly .-CO(ISlnlCtId ..- . REMINDER: IHSPECTO 'S NA P G'1f !)f~ 7L. TtMf ,.. OFFICf Tfl fPHONf J .:# INSECT AND ROOENT CONTRO~ .. Jl- 35. Presence 01 insects/rodents, Animals prohibit.dI - n - 35b Outer opemngs protected from msects, rodMI proof F~OORS, WA~~S AND CEILINGS 36 Floors properly constructed. clean, drUled, eo,ed 37 Wab,cei1ingJ..nd.t~checltQUiprnent.COIIStruClld" .... 3 UghtlngprOYl edas requ.- utureashielded 3 Roomund eQUipment. nnt as req OTHER AREAS mpoyte ockersp,ov)dedandusld,d.1n -41. TOlicitemsproperlystorlCl -41b Toxic items labeled and used properly 42 Premises malrllllnld, f," 0 It.. unnecuwy ar- tidu. C'-a~ and maintenance equipment properl, stored. Kitchin restric1ed to luthorizedpersonnel o 43 Co""'te separation !rom Iiv'in~sleepine 11"11, .....'- dry 44 CIe.nllldsa . , c SAFETY ';<:' ~ -45 Fireulinguishersllroper and sufficient -46 Elilinosysleffi"adequlte.goodnpair -47 Eleclricalwi,ing'ldequilte,goodflpair "48 GIS .pplilncesllroperlyinsuled.maintlined "49 FJammabJelcombustiblemalerials-p1operlyuored .;. GENERA~ -50 CUHent licen$l-properly displayed 51 0 II tondillOllNIRIIIfY lDeI SI e o~.tIOlI 52 FalnJ1I1lsleading st.tements-pI.lbIisbed DC Idvectisld 'oIolintllO'_.... ":>fIq- 53. food management certiflC.tion ,aIid -53b EfrClloyeelr.ining,alidltion bot flond. Clean IndDDf A6 Ael 55 AUlomltic GralUlty NotiCt 56 CopyafChapter509,FloridaStalulQ,avaiable -, ., I , I ! ..~.l ~, I ,.-; Your license expires E~~ Trr~ c - THIS REPORT MUST BE MAINTAINED ON PREMISES AND MADE AVAI~ABlE in accordance with s. 509. 101(1), Florida Statutes, and s.61C-l.002IB)(c), Florida Administrati failure to comply with this Notice may r.sult in .n informal conf.rence to d.termine whether your license will be suspended, revokld, D8PA Form HA ~022-o1S of up to .1,000 plr violation imposed. an administr "'Via"'~ F ..~: :' ~- , .' , --... DEP~~()~,~B~.~a'l1m?-,r~W.F,!.s.SI()NAL REG~ATI?~. . . Division of Hotels and R~ui"~ts , . . ". . .-, Ii 91 c'in<)~] . ~.,. '. "'~ COfllrol Number ~ - 10. . ..' . ~'~ CO~~T~_~~~lJ.rt .' ... pa~el..:-_ of 7.- ..~, ~,; .,--- .. ..,..-,..~ ~-?. ,~.-~,; ?i;~.~:; ~ :.-:.... ;~ .'. '0 '''-~''''?-Y-W 1 ~J .. ~ ~ ~ <\.7\',') .."~ ,~!,,,l!k.."S -) ~".:-: \, '''"I .. ~' ,,", ~ . .... ,; .~ .'0./.,:::; ..$J~",,':;.' ~, ,:.~_- <1 .,~_ '1'J ~ ."'~ \ ~ .~ ... ''0' -." .) ".+--:: "., 'c' "'," . .-'t\' ,! '~,\i- .\, ';..hi.. .. .. \~ "-l_ -, '..Q ,'w."<~ .~ ,1,\ '...,).". ,'" -'1~{ . 'J '~ . ~ -'>0 . '" ,~. .,"........ - .~) ~ '~. ~ y ~~ , "'.' .,~ '. '-'""}')\ -"""'.J . ,..,~...:j~ lol.: ';..:,.....' t- .i"-:l ~ ..~ ~. ,~ , ,;., .; ~-:>4' ~ ..~~ '. \i \ -:l.. '"' '" \:, .( . :<=-" oJ. \....:: . ..::....:.....~:..:..:~:....1 , i 1 .' t ;j ,. '-.".. '. { .....;.....:.....- ,. ..." '\' ,~, .; t'" " _c .1.......' '.',. -,' .. ""I ,., _-,:,':rt:1.\:c' , , , I I, t . -. . Ii ~,....,:::u..{. ! I ~ ,- i ;. <<:.I;'.:,.,--~....,.~- ..-.,.;""..~,...,,,~.~.. . ""'~""D''''~--'- ." .":~.:--""A' .. r.,~>-.~'-"'''',~~;t'..,_ ~.....:.n"~~,~, fl....I.":.ir;z.-t~~,Jr _ ,. ...c-...........*'::'. ''''''':_.<_.....'. _...'1i.. ........~:. _ ...........---'"' - , I), -.''>. l l- ,~ " ..'--.. -.~ ........>..... -~~ '-, """77.. ~)d h;;,. ~,_i[->" .~. .;< - , \ ) ~4', }In ... . c- I, \r~ ,V;: '. ,';'i: ::. ."" ..-' l .,)' ". Golc; a.X\1' - . -. - ~~.. \J..~sk - ~ ..fv...~"Eh:' '.. .~... -... :>-_~ ;"j "'~~n ...;, '" ti'~ . \i.I-.1t -' t " -' ~ ';~'ll '-.,~-:_,:.t- ~-',\~;- ;.,'":--"-/'~-~::-~----: ~>:'-~::7'~-~",~f, . .~ ;; ;.~, L--u \ ;~ .-l>~E:.:.?' -. ....~ ~J. ,..:..__. BPR 22.042 ~ " ~. / F-. po p.,,.- ~D N. I:l llt ~o.. ~<. ..."-' .--..-."" ". .;.!"- --~... _ ~ ,," f If f<./t... l}\l &- ~ S\~ll ~1-~ 6wltr~ (j:l o \" ('" ,... ~ -- W Itl t:A. .... C 00"'9 H '--"1' "J ,)/ " '--- ... ~ )<~ ~1: '\)"1 V> \71;;\ l"~ ~:. '" '" "t-I-l'er I i,OI~~51 FC'L-~~ I 0] ~ll . 1l>""(\ , wk&," 7' /!)-c..!fRNIV/H.. Hio. /6 H'J 'j OCT 2 4 2000 ~It. ;l3 .1 ./ 2 l. ~.Xt~ 0 f CMNIVA-L- -P J~~<>^-\'\ ~~tf Vd-u<.L~~ f\ fI\ II L I> t: ~ ~! llo.:t"L...'t\ (J . . Il. I -' " ~\-.j\l( ~€- I , I r.;y.VJ ~ b ~ . I ~I J r-',p, .~ i~~ :I:1lI.Li",1'J kfrE.~eJlN / ... c~ue '7a3Sl'Illll'OO.1 Itoll.... " At Po.ft)R.T RhA b AGENDA 1Tt:M No. /JY)1 OCT 2 4 2000 Pi :2- L( ON SifE - P~RI<P-J& L_____ r 1- i------ I I I i -L--J i . I f-----+ ~u ___m_~ I- f I -j I -I ----f I I _ _ L-~--- r----u-~ I , - I , I ________ _____L_____ L_ l , 1- n_ - ---~ --- L------- 1 ~ ------1 -- ~------ ---- ___m __nO. . __________ i - -----T- 1------1 I i )- ><- \11 -. , --- t i-- I J I - --~-+------ i I ----- -----T-- -- I I 1- r r- ! ' m ---.--<--- ~ i I I , i i , :/21~ 1 OCT 2 4 2000 pt. .M" -C :z.. ---- EXECUTIVE SUMMARY PETITION C-2000-1I, ETTOTE RUBIN, C.S., , OF OUR LADY OF GUADALUPE CATHOLIC CHURCH, REQUESTING A PERMIT TO CONDUCT A CARNIVAL ON NOVEMBER 22, 23, 24, 25 AND 26, 2000, ON THEIR PROPERTY LOCATED AT 207 SOUTH 9TH STREET, IMMOKALEE: OBJECTIVE: Ettore Rubin, S.C., of Our Lady of Guadalupe Catholic Church, requests the Collier County Board of County Commissioners render an approval to conduct a carnival on the grounds of Our Lady of Guadalupe Church grounds located at 207 South 9th Street during the time period of November 22. 23. 24. 25 and 26 , 2000. This is an annual fund raising event in support of community and school programs. CONSIDERATIONS: Our Lady of Guadalupe has met all the requirements of the carnival/festival permit procedures. The applicant has contracted for removal of trash from the grounds daily and enlisted their employees and volunteers for the clean up of their property after the carnival is over. FISCAL IMPACT: The $250.00 pem1it application fee does cover the cost of processing and required inspections. This event has been an annual event for some years and they have no history of not restoring the grounds to their normal condition. GROWTH MANAGEMENT IMP ACT: ,.-- There is no growth management impact. PLANNINC SERVICES STAFF RECOI\IMENDA TION: Board of County Commissioners approve thf.: permit application to conduct the carnival. Staff recommends the permit. \(>--I'2...0J DATE ~. AGENDA ITEM No. /6WH? OCT 2 4 2000 1 pt. I REVIEWED BY: d ~" / i /i> /' /" ",-_,''-- ____ ROBERt J. MULHERL A1CP PLANNG SERVICES DEPARTMEl"T DIRECTOR APPROVED BY: f' ~ ~" 1: ) ~,-<,",--1 ' JOHN M. UNNl'n.:. III INTERIM ADMIl\IS I RATOR COMMUNITY DE\. AND ENVIRONMENTAL SVCS. C.2000-11 Ex Summary .,~ /( -/,7 ".<- DATE /c-r}-cc DATE 2 AGENDA ITEM No. /hfA)g OCT 2 4 2000 Pl. :L Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number - ------- ~--- ---------- 226428 ______.___. ...____ _____ _____uo -.--- _ Date Post Date__. __--"aymenlSlipNbr~---n 10i09t200010:42:33AM 10/09/2000 MS 76771 n_ - - Payor: OUR LADY OF GUADALUPE Fee Information FeeCode_Des_cription___ --- 11CIRC FAIR & CIRCUS PERMITS GL Account u_ 11313890034122000000 ~_.-.._-- -- ---- ------ ------ Total Amount Waived - $250.00- -$250.00 Payments Total Paid Amount =~ ... $25([00 -$000 -- $25000u $25<[0.0 Payment Code CHECK Account/Check Number - ---- 1291 Total Cash Total Non-Cash Memo: C-2000-11 Our Lady of Guadalupe Carnival Cashier/location: FROLOFF _E / 1 User: MARTIN_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT AGENDA ITEM No. //, rrv g Printed:10 9/~~1~:'1f1tlofiM Pl. ,? Permit No. PERMIT FOR CARNIVAL EXHlBmON ST ATE OF FLORIDA' COUNTY OF COLLIER, WHEREAS, Ettote Rubin, S.c., of Our Lady of Guadalupe Catholic Church, has made application to the Board of County Commissioners ofColher County, Florida, for a pennit to conduct a carnival or exhibition; and WHEREAS, Ettote Rubin, S.C., of Our Lady of Guadalupe Catholic Church, has presented to the Board sufficient evidence that all criteria for the issuance of a pennit to conduct a carnival or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainment of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Ettote Rubin, S.C., of Our Lady of Guadalupe Catholic Church, has requested a waiver of the Carnival Fee, Surety Bond and Occupational License; NOW, TIlEREFORE, nus PERMIT IS HEREBY GRANTED TO Our Lady of Guadalupe Catholic Church, to conduct a carnival or exhibition from November 22, through November 26, 2000, in accordance with the tenus and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: SE If. of the NE 1/4, of the SW y.. of Section 4, Township 47 South, Range 29 East, Collier County, Florida The request for waivers of Carnival Fee, Surety Bond and Occupational License is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ,2000 A TIEST, DWIGHT E. BROCK, Cle,k BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, JAMES D_ CHARTER, Ph_D., CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY, }')j,q~J ,'L /1) ~ Mario M. Student . ASSISTANT COUNTY A TIORNEY g1admin/RNJcw AGENDA ITEM No, / ~(4) r/ OCT 2 4 2000 PI. /f NOTE Please read reverse side before completing this Petition. Copy: Zoning Director Copy Petitioner Copy: (2) County Manager PETITION NO. CARNIVAL OPERATION PETITION ... COO 1 1 ...... DATE: October 2. 2000 PETITIONER'S NAME: Our Lady of Guadalupe Catholic Church PETITIONER'S ADDRESS 207 South 9th Street. Immokalee. Florida 34]42 TELEPHONE (941)657-2666 or 657-6303 CURRENT ZONING RMF-6 CURRENT USE: Place of worship NA TURE OF PETITION A request is herebv made for a permit from Collier Countv to hold our annual carnival from November 22 thm November 26. 2000. THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. Yes 3.el) Yes 3. eA) Yes 3.e7) Yes 3.b. Yes 3.e.2) Yes 3.e5) Yes 3.e.8) Yes 3.c. Yes 3.e3) Yes 3.e.6) Yes 3.e.9) Yes 3d. Yes Comments: , - ITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved Conditions of Approval: SIGNATURE OF COUNTY MANAGER Section 3a. Section 3b. Section 3c_ Section 3e. F G. H. 4. CARNIVAL OPERATION PETITION October 2, 2000 A surety bond Applicant is requesting a waiver of the surety bond due to the annual carnival being held on the Church grounds. Evidence of current public liability is herein attached to this petition from both our Church and the Tolve Presentations, Inc. Permit fee of $250 00 (Two Hundred Fifty dollars) is herein attached per check. Information as you requested: Tolve Presentation, Inc., of269 Orient Way Lyndhurst, New Jersey 07071, will provide the carnival rides .again this year Our Lady of Guadalupe Catholic Church, 207 South 9th Street, Immokalee, Florida 34142, will sponsor said carnival. As the Bishop's representative, Rev Ettore Rubin, c.s, is solely responsible of the Church affairs FOOD STANDS Light foremostly Mexican dishes, hamburgers, hot dogs, each being run by a team of five (5) persons. SOFT DRINKS will be served from two (2) booths separated by food stands. NO ALCOHOLIC BEVERAGES will be sold or allowed on the church grounds MECHANICAL RIDES for children and adults, since the availability of rides contingents upon what other areas Tolve Presentation, Inc. is working at the time, it is almost impossible to know which specific rides will be offered GAMES OF SKILL or chance will be the type not prohibited by Florida State law. ACTIVITIES a Games of skill will be provided by Tolve Presentation, Inc. who will pay a fee percentage of the earnings. b. Games run by Our Lady of Guadalupe I. Loteria (Mexican Bingo) Names and Social Security numbers of each person that is responsible for a booth. Since neither Mr Tolve nor I, Father Ettore Rubin, will know ahead of time which particular worker will be at the carnival, I am unable to provide, at this time, their names or Social Security numbers. Our parishioners are as follows: Kitchen and Food Booths NAME Gerardo Alfaro Natividad Ayala Adan Contreras Anastacio Contreras Gloria Contreras Norma Contreras Sylvia Contreras Natividad Gamez EMPLOYEE OR PARISHIONER Church employee Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner SOc. SECURITY 449-80-9292 455-64-2495 463-58-6585 460-65-4373 263-64-4965 451-64-6861 265-73-9524 387-42-2946 Kitchen and Food Booths (ConI' d) EMPLOYEE OR NAME PARISHIONER SOc. SECURITY DaWia Garcia Parishioner 262-83-0] 79 Salvador Garcia Parishioner 267-9]-3047 Anis Gedeon Church employee 594-39-3280 Irma Gomez Parishioner 595-54-6020 Maurilio Gomez Parishioner ___uu___ Aurora Hernandez Parishioner 460-33-839] Saturnino Hernandez Parishioner 460-33-9200 Catalina Lechuga Church employee 536-03-6239 Artemio Lozano Parishioner 267-62-9]8] Laura Lozano Parishioner 263-68-] ] 67 Andres Marquez Parishioner 534-84-4685 Benjamin Marquez Parishioner 592-05-086] Isabel Marquez Parishioner 266-93-76] 7 Jose A. Marquez Parishioner 266-79-7909 Jose M. Marquez Parishioner 092-42-8226 Maria Marquez Church employee 26]-04-5]55 Nereida Marquez Parishioner 266-93-8520 Nora M. Marquez Church employee 264-77-8255 Rueben Marquez Parishioner 092-42-8033 Digna Martinez Parishioner 26] -97-4679 Rosa Martinez Parishioner 265-13-45] 9 Lucy Ortiz Parishioner 463- 72-] 256 Neftili Ortiz Parishioner 581-86-0094 6. For a description and sketch of the site, see next page. A water fountain is located in our parish hall, one outside the Soup Kitchen and another in the Church. We have eight (8) functioning toilets in different church buildings and we will rent eight (8) portable toilets for the duration of the carnival. 7. There are four (4) street lights in front of the church, eight (8) in the back and one (l) in the front of the Soup Kitchen Power will be supplied by a generator from Tolve Presentations, Inc. for their own rides. 8. Plans for garbage, debris and sewerage disposal is as follows. Since our restrooms are permanently installed, we foresee no sewerage problems in this area. The portables will be serviced every day. The food concession booths will operate out of the "Soup Kitchen" and will enable us to use the facilities. Garbage and debris will be taken by truck to the local landfill daily. We have 3 dumpsters and 20 - 30 gallons garbage cans. The cans will be placed around the grounds. 9. Diamond Security has been contacted. Jesse P. Morgan, Vice-President signed contract with Father Ettore Rubin, cs This Contract states that there will be five (5) armed, uniformed and certified officers for security to our carnival. Fire extinguishers are available on the property for minor fires. 10. The carnival shall be held from Wednesday, November 22,2000 through Sunday, November 26, 2000. The hours of the carnival shall be from 6:00 p.m. to ] I :00 pm ] I. As a legal administrator of Our Lady of Guadalupe Catholic Church, I hereby give written consent for the carnival to be held on the Church grounds from November 22 through November 26, 2000. Client 87 DIOCESEOFVENI CERTIFICATE OF LIABILITY INSURANCE fAODUCER ARTHUR J GALLAGHER & CO 8300 NW 53 ST SUITE 350 T>=Z\MI, FL 33166 592-6080 DATE (MMfDD/YY) 8/3/2000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ArORn~ INSURERS AFFORDING COVERAGE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWfTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 1~~ TYPE OF INSURANCE POLICY NUMBER - - -- ~Pb~lfEY~~TDCJ:~~ :p-~~~y~'t~~1J)~yN A GENEAALUABIUT" .CP65104 4/1/00 4/1/01 & X~MMEACIALGENEAALLlA81lITY RRG1 0 5 3 - 0 1 ' 4/1/00 4/1/01 B CLAIMS MADE X. OCCUR INSURED OUR LADY OF GUADALUPE DIOCESE OF VENICE POBOX 2006 VENICE, FL 34284 IN~-~~-E~ A:lJNITED IN-;~-;;~~ ;TNCRR-Gu -I~~~RE~- c: SA-FETY--- CATHOLIC CHURCH INSURER D' INSURER E GEN'L AGGREGATE LIMIT APPl!~SP=R POLICY PROT LOC A AUTOMOBILE LIABILITY & X ANY AUTO B X ALL. OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS .The limits of liability shown reflect the limits at inception, Arthur J. Gallagher & Co. does not assume any responsibility for notification in the event of depletion of the aggregate. 4/1/00 4/1/00 4/1/01 4/1/01 CP65104 RRG1053-01 GARAGE LIA81L1TY* ANY AUTO EXCESS LIABILITY * OCCUR CLAIMS MADE DEOUCTIBLE RETENTION A WORKERS COMPENSATION AND & EMPLOYERS' UABILlTY C 4/1/00 4/1/00 4/1/01 4/1/01 CP65104 SP-4329-FL OTHER NATIONAL INS. CO. NATIONAL INS. CO. LIMITS EACH ~S:E~_R~_N~E S_lLQQ_O LQ_ 0_0 FI_~_~_E~_~_~t:3E (~_ny_one lweJ.$I:NC_L_ ._M_~l:! E~_F'l~~i_o_n_ee~:son) __ sNI L_ PERSg~p,_~~_ADV INJUR_~_ _ $1-1 _Q.o.o LP_Q_~_ GENERAL. AGG~~GATE _ sN llj.___ , F'_R(JDUCTS-~O~~LOP AGG___S1l.. Q_Q 9_LQ a Q COMBINED SINGLE LIMIT $1, 000, 000 (Eaaccldenl) BODIL Y INJURY {Per person) BODIL Y INJURY (Per accident) $ PROPERTY DAMAGE (Per acclden1) A~_"!"I? g~~ y - E~ !l-QS:_ID_E_t.lT_~_ OTHER THAN AUTO ONLY EA Ac.c._~ AGG $ EACH OCCURRENCE AGGREGATE $ $ s x _I~~_il~~~s_ OTH" _ _ EA E.L EACH ACCIDENT $1, .0.0 .0 , .0 .0 .0 E.l.D_ISEASE-E~EMPLOY_E_E_ $1,_9_9.0/_.0_0.0 E.L.:JISEASE-POLICYLlMIT $1 aGO GaG DESCRIPTION OF OPEAATIONSfLOCATlONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: ANNUAL THANKSGIVING CARVIVAL TO BE HELD ON NOVEMBER 22-26, 2000. OUR LADY OF GUADALUPE CATHOLIC CHURCH 207 SOUTH 9TH STREET IMMOKALEE, FLORIDA 34142 CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. CANCELLATION SHOULD ANY Qf THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILLENOEAVORTO MAIL3D_ DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLlGATION OR LIABILlTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR CERTIFICATE HOLDER Y ADomONALlNSURED; INSUREA LETTER; GaLLIER COUNTY GOVERNMENT IMUNITY DEVELOPMENT & "",VIROMENTAL SERVICES DIVISION 2800 NORTH HORSESHOE Naples, FL 33942 ACORD 25-S (7IB7)1 of 2 #S16462/M13780 CXM @ ACORD CORPORATION 1988 10451 ALLIED SPECIALTV INSURANCE, INC. GULF BOULEVARD. TREASURE ISLAND. FL. 33706 Toll Free 1-800-237-3355 National i-800-282-e77e Florida Certificate Number: 31 CERTIFICATE OF INSURANCE This certifi(~te neither 4ffirmativel~ nor negatively amends. ektends or alter! th~ coverage afforded by the ~oIicy(ies) described hereon and is issued as a matter of information and confers no right upon the holder. Th~ policy(ies) identified below b~ a policy number is in force on the date of certificate issuance. Insurance is afforded only with respect to those coverages for which a specific Jimit of liability has been entered and is subject to all t~rms of the POliC~ havlng reference thereto. Nothing herein contained Shall modify any provislon of said policy. In the event of cancellation of the policy. the company issuing said policy will make all reasonable effort to send Notice of Cancellation to the c~~tific~te holder at the address shown herein. b~t the Company assumes no rrsponsibilities for any mi,take or 'ailure to give such notice. An~ insuranc~ m~de a part o' the policy includes as a person insured with r~spect to an occurrence taking place at a Carnivals sit~. (1) the Fal~ Dr e.hibitlon association. sponsoring organization or committee (2) the owner or lessee there 0' (3) a municipality granting the Nam&d Insured permission to operate a(n) Carnivals. but only as respect. bOdily il.jury or property damage ~auled by or contributed to by the negligence o' the Named Insured while actlng ln the course and scope 0' tfieir employment. HA"E .. ADDRESS OF' INSURED: Tolve Pre5C!ntationi. Inc. dba Third Generation 8628 Constit~tion Drive Homestead rL 33034 NME It ADDRESS OF CERTIfICATE HDLDER: Our Lady of Guadalupe 207 S 9th Street 1,0m 0 k ole e. fL 3:39:34 ADDITIONAL. INSURED: Our Lady of Guadalupe DATES: 11/22/00 to 11/26/00 --...fB.IHAAY CQYER"QE T. H. E. Insurance Company Policy Numb",,: MOMF4905 LlABIl..lTY LIMIrS ill/PD acc: 51.000.QOO AGG: S10. 000. 000 f:XCESS COV~AOE COlllp..ny: Bodily Injury Ie Property Damage ~O Food Products: Policy period From: To: $1.000.000 04/17/00 04/17/01 Excelis of :8 Bodily InjurlJ & Property Damage $0 EHeS5 0' 18 Coverng~ sh"wn herein applies the polley. _ This ce~tificate is not VAlid (Cgpie& Not Valid) 00/00/00 00/00/00 00/00/00 00/00/00 * - COMBINED SINGLE LIMIT only to those items scheduled on or endorsed to unl.ss en Qriginal signature .pp.e~. belo.. Se~tem~er 27. 2000 DATE OF tERTIFIC n: I~ANCE Q. ..r C1 -' :I <_ <<.--& . 0 _ AUll"llmT7EU 5IUN"TUftE ^ ,.__.._~~~~... _.~J"!.~_!"!.<'"\_~~""AI T\J l~I("'lllnA~I"'1: 1~1f' ~ Florida Department of State Sandra B. Mortham Secretary of State LC2E0111 (Rev, 1195) a101G24:)n30~ It /\rw ~n ~ir~ :1, :'''^M: ",).'!f- .' ,j ~nt ~y; M~l",hANJ.~ urlOU!' I t Division of Licensing Post Office Box 6687 'Tall;shassee, Florida 32314-0687 (904) 488--5381 . CERTIFICA TlON OF INSURANCE Pursuant to Section 4936110, Florida Statutes, a private investigative agency, a private security agency or recovery agency must maintain Continuous insurance coverage as a prerequisite for doing business in the Sla of Florida. As a person lawfully authorized to sell insurance in the State of Florida for an insurance com pan which is lawfully engaged to provide insurance coverage in Florida, I hereby certify that the below named agen licensed UTlder Chapter 493, Florida Statutes, is presently insured in an amount of not less than $300,000 whi includes comprehensive generalliabilily coverage for death, bodily inJUry, property damage, and personal inju coverage in!<luding false arrest. detention or imprisonment. maHcious prosecution. libel, slander, defamation oil charader and violation of the right of privaey. I further state that this policy insures for the Uability for all 8gen~ employees required to be licensed by the State of Florida while engaged in activities pursuant to thei1' employmem. r further acknow(edge that tI1e Department of State, Division of Licensing IS listed as an additional insured party tol assure that all notices regarding coverage are sent by the insurance provider to the department. Failure tOI maintain insurance coverage as required by law, results in the AUTOMATIC suspension of the agency license. Continuation of activities regulated under Chapter 493, Florida Statutes, without insurance coverage or with al suspMded license may result in administrative action pursuant to Section 493.6118(1)(h), Florid;! Statutes, Of' criminal penalties pursuant to Section 493.6120, Florida Statutes. Diamond Inve,tlgatlons DBA: DIamond InvestigatIons Name of Insured as it appears on license :enses Insured - check all that apply and provide corresponding license numbers: [J! Class "A" - Private Investigative Agency License Numbar: A 91100272 (" Class "8" . Security Agency License Number: B 9400lS1 ( l Class "R" " Recovery Agency license Number: R 13111 ClIpe Coral Parkway. Suite 203. Cape Coral. FL 3390'1 Florida Address of Insured's Location Covered by this Certification (;200021637-02 11(25/2001 Policy Number Expiration Date FRONTIER INSURANCE COMPANY 1-800-836-2100 Name of Insurance Company Telephone Number of Insurance Company Florida Adclress of Insurance Company IRVINe MECHANIC Name of Insurance Agent 059-26-6995 Florida License Number of Insurance Agent I do swear aff~) that the information contained herein is tnJe and correct __ \ J ~ PRESIDENT Signature of In Agent Title Ll.... ~ a J;...cv-- a;~ ~bflC Signature ...1> r~ me Ibis ,,~"'l'C~' '- ~- ", - ~ ./'.-~. -' , . Cl . S+ra. pe odV .~ Ra ry Notary PIlIllIc. .... 01.... 'Itlrk No. O1ST501D14 Q\oIlIIWled in A'l1t~ ~ CommIMlon F.llP- JW, 15,'" c . 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I&l ~o .:: '~Z:U:u..~f= - c 0=>0'0-'0<( E~~ CJ 8 ffi ffi 8 ~ ~;~ ~ ~ m CD ~ en 8,s~ <g.::e::eoj ~-EE ~1r~~fo ~~E c..~ '" '" I ,~ "'oj -iO 0 "Ja -':}'tiI "'.... ... O! , i o o . o ~. o o . o o . o . '" ~ 6wa: f-Ir:l:l ~~~ ~:::b: "" '" w OU) CHURt.H f C,HU~C:H II.lIlfER g '" ?LA Z " -PARKING I I I I I WvJM.M 'PAlt IC: IN G ! Ot ! 1 OUTH qiH S,(lEE"T SouP K,;c.~eN ~ I~ For: Food Program Capacity: 88 Issued to: Guadalupe Center 211 S 9th St ImmOkalee -I I ~! I I Mailed to Guadalupe Center POBox 1053 !mmokalee STATE OF FLORIDA DEPARTMENT OF HEALTH OPERATING PERMIT - Other Food Service FL 34143 FL 34143 Issued by: Environmental Health & Engineering 2800 N Horseshoe Drive, Naples. FL 34104 (941) 403-2499 ,,:...-' .",ii, 'u, 45707(, Permit Number. 11-48-00180 County COLLIER Issue Date: 8/8/00 Amount Paid: $ 160.00 Paid Date: SiBiGa !< 8' i: ; , ,;,), iii! '~ ~ F~l ;ru !~ .~ ~"I.~ Permit Excires On: Sectember 30, 2001 Richard Miller Acting Environmental Health & Engineering Director '~ ....... f,,;:. \:.;:.:., DISPLA Y IN A CONSPICUOUS PLACE . ,", ORIGINAL. CUSTOMER {Non-Transferable) -"PONSOR NOTlFICA nON FORM FOR TEMPORARY EVENTS: Name of event Our Ladv of Guadalupe Catholic Church Annual Carnival Address of event 2] 9 South 9th Street. Immokalee Florida 34] 42 Date(s) of event November 22-26.2000 Hours of operation 600 p.m to ] ] :00 p.m. Sponsor of event Our Ladv of Guadalupe Catholic Church Person in charge of food service Ettore Rubin. c.s. Phone (941)657-2666 or 657-6303 Number offood and beverage booths ]3 Estimated number of attenders expected at the event at one time? 3,000 Number of toilets to be provided Portable Permanent: Male ( 4 ) Male ( 8 ) Female ( 4 ) Female ( 8 ) Method of toilet waste disposal Immokalee Water & Sewer. Inc. and I & M Port-O-Lets. Inc Describe method ofliquid kitchen waste disposal Immokalee Water & Sewer. Inc. Describe containers and method of solid waste disposal (garbage) 3 large dumpsters from Immokalee Disposal plus fifteen (] 5) 30-gallon trash cans Number of solid waste disposal containers provided: 3 dumpsters Describe facilities and method ofhand washing: Sinks at Guadalupe Soup Kitchen and cooler with water spouts. soap and paper towels Describe facilities and method of utensil washing, rinsing and sanitizing: Sink at Guadalupe Soup Kitchen Source of potable water: Immokalee Water & Sewer. Inc. and assorted gallon containers with water spouts_ As the sponsor of this event you are responsible to notifY all food vendors of the temporary food service requirements Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? Yes x No I certifY that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food_ I agree to assume responsibility for this event and certifY that said business will be conducted in compliance with the Florida Administrative Code, Chapter ME-Il t- Date: o (!T. J, 1000 . ent ~ ~.o:,,*~-,,--_--,,-.. 1 i i - --:-==~-=-=-~ ----- , ..... o , ..... I' 0 !' = , - ... .0 " .0 ... ~ B 'f !---\ ffi 8 ~ ~ ~1~ ~ ~ '; 0 " -_ ~'":'":'~-""""~"..~~.:':.:49 I..' ! I ! ,.--. EXECUTIVE SUMMARY PETITION C-2000-1O, REVEREND JOSEPH SPINELI, O.S.A.PASTOR, OF THE ST. ELIZABETH SETON P ARlSH, REQUESTING A PERMIT TO CONDUCT A FESTIVAL ON NOVEMBER 8, 9,10,11 AND 12,2000, ON THEIR PROPERTY LOCATED AT 5325 28th AVENUE SW: OBJECTIVE: Reverend Joseph Spineli, O.S.A., Pastor, of the St. Elizabeth Seton Parish" requests the Collier County Board of County Commissioners render an approval to conduct a festival on the grounds of the St. Elizabeth Catholic Church grounds located at 5325 28th Avenue SW during the time period of November 8, 9, 10, 11 and 12 , 2000. This is an annual fund raising event in support of school programs. CONSIDERATIONS: St. Elizabeth Seton Parish has met all the requirements of the carnival/festival permit procedures. The applicant has contracted with Waste Management of Collier County for removal of trash from the grounds and enlisted their employees and volunteers for the clean up of their property after the carnival is over. ,.-- FISCAL IMPACT: The $250.00 permit application fee does cover the cost of processing and required inspections. This event has been an annual event for some years and they have no history of not restoring the grounds to their normal condition. GROWTH MANAGEMENT IMPACT: There is no growth management impact. PLANNINC SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the permit application to conduct the festival. Staff recommends approval of the permit. - - AGENOA ITEM No. /,,~) 1 OCT 2 4 2000 Pl. ( 1 REVIEWED BY: R~ULHERE,AICP PLANNG SERVICES DEPARTMENT DIRECTOR APPROVED BY: -:-------i. '~.,(I (! JOHN . DUNNUCK, III INTE M ADMINISTRATOR COMMUNITY DEV, AND ENVIRONMENTAL SVCS. ('-2000-9 Ex Summary 2 \O.IO.ri) DATE Iv /to I a-v DATE /( //I~I DATE .t.GEND,A, ITEM Mo./b(A)Q OCT 2 4 2000 Pi. OZ Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt . trar'-s~Number- -oate--- -------; PoslDale- ----Payment Slip Nbr- ---- 226252 --=-=---__-10L06/2000 1460iDjM_10/0~/200-0-== . MS '76738== =-_:-__- - Payor: SAINT ELIZABETH SETON Fee Information Fee Code Description __ -_-=- -...:__=- -GCAccoun'-- - -- -.-- Amount Waived 11CIRC . FAIR& CIRCUS PERMITS ff313890fj3412200500o--- -- -$250.60 -- --- ___________n______ Total $25-0.60--- Payments Payment Code CHECK ----- ----- - ---- AccounUCheck Number ,---- -- 2102 Amount n $250.00 - --- - Total Cash Total Non-Cash $0.00 -$250~00 Total Paid $250.00 Memo- C-2000-10 St. Elizabeth Seton Catholic Church Festival Cashier/location: FROLOFF _E / 1 User: MARTIN_C AGENDAITal No. /~(.4j 9. Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:1 106,gew ~:"200frM Pi. -3 ~ ~ COO 10.~ St. Elizabeth Seton Church 2760 52nd Terr. S.w. . Naples, FL 34116. (941) 455-3900. Fax: (941) 455-6895 RECE\\/ED September 19, 2000 Gel = - ZQuD Commissioners of Collier County Board of County Commissioners PO Box 413020 Naples, FL 34101 pU.NNING SERVICES Dear Commissioners; St. Elizabeth Seton Parish will be conducting the annual Festival to raise funds for the operation of the Church and our Elementary School in Golden Gate. The Parish Festival will take place on November 8, 9, 10, II and 12,2000. The hours will be Wednesday, Nov. 8 from 5:30 to 10:00 p.m.; Thursday, Nov. 9 from 5:30 to 10:00 p.m.; Friday, Nov. 10 from 5:30 to 11:00 p.m.; Saturday, Nov.ll from I :00 to II :00 p.m.; Sunday, Nov. 12 from I :00 to 9:00 p.m. The Golden Gate Fire Department, Collier County's Ambulance service, and the Sheriffs Department have all been informed as to the time and place of the Festival. The Waste Management of Collier County has been contacted and will be responsible for removing the trash from -the grounds, and if this fails, the Church assumes the responsibility of removing the trash. There wi1l be portable toilets in several locations. There will be parking facilities in the lot adjacent to the church, at Winn Dixie Plaza, at K-Mart Plaza and also the Nations Bank parking lot. Enclosed please find a drawing designating the location of the booths, rides, and other facilities for the Festival. Sincerely, L ~ y Rev. Joseph Spinelli,O.S.A. Pastor "GENOA ITEN No. /~W) q OCT 2 4 2000 Pl. J(' l'lOTE: / Please read reverse side before comoletina this Petition. PETITION NO. r&FIUlYAL-QPFRATION COO 10...' Copy: Zoning Director Copy: Petitioner Copy: (4) C~.A~e;:; Original Fo~tl~~E:[) PETIT.ISlt:! OCT 6 - 2000 DATE: PETITIONER'S NAME: St. Elizabeth Seton Catholic Church PlANNING SERVICES PETITIONER'S ADDRESS: 2760 52nd Terrace SW Golden Gate, FL 34116 TELEPHONE: 455-3900 FAX 455-689 PROPERTY OWNER'S NAME: ~t. Elizabeth Seton Catholic Church PROPERTY OWNER'S ADDRESS: 2760 52nd Terrace ~W Golden Gate. FL 34116 TELEPHONE: 455-3900 FAX 455-6895 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Church & ~chool GENERAL LOCATION: 5325 28th Ave. SW CURRENT ZONING: Church CURRENT USE: Church property NATURE OF PETITION: Festival November THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. 3.e.l) 3.e.4) 3 .e. 7) 3.b. 3.e.2) 3.e.3) 3.e.S) 3 .e. 6) 3.e.S) 3.e.9) 3.c. 3.d. Comments: ~~- , 51 AT OF E ~R DATE REVIEWED by Board of County Commissioners: _. . _~.E.r9,,_e.d.: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER No. /h~J Cf OCT 2 4 2000 Pl. 0' · ,2'<--it Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 't, ' , ",'1 3. Application and Fee for Permit. A minimum of twenty (20) day '~. -.fore occupying the carnival or exhibition site, an application for a"." , _~rmit shall be submitted to the County'Manager in four (4) copies accompanied by: \~, , ~. A ~uruty bond in thu pcn~l ~um of $2,500, i~~ucd by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current pUblic liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for anyone person and $300,000 for anyone incident. c. A non-refundable fee of $200. d. A current occupational licen~e is~ued by th~ Collier County Tax Collector, and e. Including the fOllowing information: 1) The name and headquarters addressees) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and addressees) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of the every activity to be conducted uch as but not limited to, menageries; circus and side-show ~erformances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The pl~n for refuse, 0~rba00, debris, and scwaqe di~po~al during and atter operation 01 the circus or exhibition. 7) provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) authorizing the 10) Written approval from the owner of the property use of his premises for such carnival activity. Legal description of property to be utilized. - MlENO'" ITEM No. /lf4Jr OCT 2 4 2000 Pl. !o CARNIVAL PETITION APPLICATION rs ... :.(p! :.. . . ... OLD REPUBLIC SURETY COMPANY POBOX 4668 WINTER PARK, FL 32793-4668 CONTINUATION CERTIFICATE ST. ELIZABETH SETON FESTIVAL 2760 52ND TERRACE S.W. NAPLES, FL 33999 coo 10.~ THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE lOSSES OR RECOVERIES ON IT AND ANY AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALTY SET FORTH IN THE BOND AND VVHETHER THE LOSSES OR RECOVERIES ARE 'vVITHrN THE FIRST ANDIOR SUBSEQUENT OR VV'lTHIN ANY EXTENSION OR RENEWAL PERIOD. PRESENT, PAST OR FUTURE ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED BD COMM. COLLIER CTY 3301 E. TAMIAMI TR NAPLES, FL 33962 SIGNED AND DATED THIS SEVENTEENTH DAY OF AUGUST. 2000 92-3565 RIEDMAN CORPORATION POBOX 2488 BONITA SPRINGS, FL 34133-2488 OLD REPUBLIC SURETY COMPANY SURETY ",;?/rn' c.:rrj,JJ. ~ ~ "GEND" ITDoI No. ~/{) q OCT 2 4 2000 Pg. 7 ALLIED SPECIALTY INSURANCE. INC. 10451 GULF BOULEVARD. TREASURE ISLAND. FL. 33706 Toll F~ee 1-900-237-3355 National 1-800-282-6776 Flo~ida .,. COO 10.. Ce~tif'icate Numbe~: 29 CERTIFICATE OF' INSURANCE I extends o~ alters' is issued as a This ce~tif'ic~te neither af'f'irmativel~ nor negativel~ amends. the cove~age af'forded b~ the ~olic~(ies) described he~eon and m~tter of info~mation and confers no ~ight upon the holde~. The polic~(ies) identif'ied below b~ a polic~ numbe~ is in f'orce on the date of' c~~tif'icat. issuance. Insu~ance is affo~ded onlij with ~espect to those cover4ges fo~ which a specific limit of' liabilit~ has been entered and is subj~ct to all t~rms of' the polic~ having reference the~eto. Nothing he~ein contained shall modifij anij p~ovision of' said policij. 110 the event of' cancellation of' the policij. the companij issuing said policij will ~ake all reasonable e'fo~t to send Notice of Cancellation to the certi'ic~te holde~ at the address shown herein. but the Companij assumes no r~sponsibilities for an~ mistake o~ 'ailu~e to give such notice. An~ insu~ance made a pa~t of the policij includes as a pe~son insured with r~sp~ct to an oc(u~~ence taking place at a Ca~nivals site. (1) the Fair or exhibition association, sponso~ing organization or committee (2) the owner o~ lessee there of (3) a municipalit~ g~anting the Named Insured permission to ope~ate a(n) Ca~nivals. but only as ~espects bodily iT.jury o~ property damage caused bij or contributed to b~ the negligence 0' the Na~ed Insur~d while acting in the course and scope 0' their emplo~ment. NAI'IE .. ADDRESS OF INSURED: ADDITIONAL INSURED: Tolve P~esentations, Inc. St. Elizabeth Seaton dba .rhird Generation 8628 Constitution Drive Homestead .....".L 33034 ...w.E .. ADDRESS OF' CERTIFICATE HILDER: St. Elizabeth Seaton 2760 52nd Te~race S. W. Golden Gate, FL 33999 DATES: 11/07/00 to 11/12/00 Cumpany: PRI~Y COVERAGE 1.M.E. Insu~ance Company Policy Numbe~: MOMF4905 LI^BILITY LIMITS BI/PD OCC: $1,000.000 AGG: .10.000,000 EXCESS COVERAGE Bodily In..lU~y '" P~ope~ty Damage SO Excess of sO $0 Bodily In..lu~y '" P~ope~ty Damage SO Excess of sO $0 Food P~oduc ts: Policy pe~iod: From: To: $1. 000. 000 04/17/00 04/17/01 00/00/00 00/00/00 * - COMBINED 00/00/00 00/00/00 SINGLE LIMIT Cc,ve~age shown h~~ein applies only to those items scheduled on o~ endo~sed to the polic~. This certif'icate is not valid unless an original signature appears belo.. (Copies Not Valid) ---- Se~~mbe~ 7, 2000 !>ATE 01- I It- ICAfk IN5UKANl::E 7:)", A <P OCT 2 4 2000 . C( _~ _ -.c'-' ~.~ _ '--~ ALLIED SPECIALTY INSURANCE. INC LOCATION: ZONED MUST PROVIDE THE FOllOWING: eUSINESS IN OPERA liON YES 0 NO 0 IF 10000 0I0'l' CONTNJl SIGN IJ<<J "'~u.... YESO NOD YEsa NOD vEsa NOD YEsa NoD ST ELIZABETH ANN OCCUPATIONAL LICENSE 2UUU/;lUUl Ht:r.."n"L "VI'"'' MAKE CHECK PAYABLE TO: COLLlEA COUNTY TAX COLLECTOA 2600 N, HOASESHORE DRIVE. NAPLES, FLORIDA 34104. (941) 403-2477 THIS LICENSE EXPIRES SEPTEMBER 30, 200 I SETON CHANGE OF lOCATION BUSINESS WITI-ltN CITY LIMITS RESIDENCE USED AS OFFICE CHANGE OF OWNERSHIP LEGAL FORM INDIVIDUAL [ PARTNERSHIP [ CORPORATION [ MAKE CHANGES OA CORRECTIONS BELOW PROFESSIONAL REG. NO. BUSINESS PHONE ] J XlI ST ELIZABETH SETON FESTA SPINELLI. JOSEPH (REV) 2760 52NO TERR SW NAPLES Fl l .) Z o -I C m -I )> o :I: SEA liNG CAPACITY ROOM COUNT NUMBER OF EMPLOYEES NUMBER OF VENDING MACHINES PHONE COUNT CLASSIFICATION C I R CU S. NON-PROFIT ORGANIZATION NOT TRANSFERABLE TRAVELING SHOW.CARNIVALS 34116-7642 -., ,-- , ~' ~_ t::. " . :i<I~-. : .:.3/// 1 _ ~ -:-" , \ 1 ~ "L. ..'RETURN ~ NQllOl WfTJ1 ,fEE..~,'~ I HEREBY DECLARE THE PRECEDING STATEMENTS ARE TRUE AND FACTUAL TO THE BEST OF MY KNOWLEDGE, SlG~lt1?.. ~~~:8USINESS ~~ :<J{OOI;.,' WA K-IN Y 1 . N V,l . N V. 1 . AMOUNT DUE BEFORE SEPTEMBER 30 CARNIVAL. SlOE SHOW ~i'~ ':i 'r,:;;. 1 < " 1 N A I N .0 .00 .00 .00 .00 B30555/ OIBOOOOI LolA TION: ZONED: COLLIER COUNTY OCCUPATIONAL LICENSE TAX COLLIER COUNTY TAX COLLECTOR 2800 N. HORSESHOE DRIVE. NAPLES, FLORIDA 34104 . (941) 403-2477 THIS LICENSE EXPIRES SEPTEMBER 30. .,:_ DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO IS CONTRARY TO LOCAL LAWS, LEGAL FORM INDIVIDUAL [ ] PARTNERSHIP! ] CORPORATION [ 1 PROFESSIONAL REG. NO. BUSINESS PHONE . , S;:' .;. . , !. ? )i." SEATING CAPACITY ROOM COUNT NUMBER OF EMPLOYEES NUMBER OF VENDING MACHINES PHONE COUNT CLASSIFICATION 'r !'i.~ ;-. .... " ".' .-, 'I ,~:_ jr~,1 :'1 ... oJ,l 'oJ J T""s ~umer.1 's ar occupational license tax only T~IS IS not certification that licensee IS Qualified It d~s not perml'ltne I>censee tc.'olate any eXisting regulatory or toning laws 01 the state, county, or cities nor does it e~eml the licensee horn any other license or permllS that may be reQulrEKl by law A K.IN P MA AMOUNT DUE BEFORE SEPTEMBER 30 y ,. N V 1. N V ,. AN, 1 AN A , N AGENDA ITEM No- /-6(,,4) q OCT 2 4 2000 PI. -91 _I' ( - SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS . Coo '101. Name of event St. Elizabeth Seton Festival Address of event 2760 52nd Terrace SW, Naples, Fl 34116 weekend 12 noon to 11 p.m. Date(s) of event Nov 8-:9-1Q-11-12,20Illalurs of operation 6 to 10 p.m. Sponsor of event st. Elizabeth Seton Parish Person in charge of food service We s 1 e y Bat e s Phone 353-3616 Number of food and beverage booths 14 Estimated number of attenders expected at the event at one time? 5000 Number of toilets to be provided: Portable: Male ( 12) Permanent: Male ( ) Method of toilet waste disposal: Was t e Female ( 12 ) Female ( ) Management/Sanitary Oept Describe method of liquid kitchen waste disposal: City water and sewer with crease trap Describe containers and method of solid waste dispo&al (garbage): Garbace cans with plastic liners Number of solid waste disposal containers provided: 3-20 y d dump s ter s Describe facilities and method of handwashing: running water with sink Describe facilities and method of utensil washing, rinsing and sanitizing: Commercial dishwasher Source of potable water: city water M;ENO"ITEM ><<>./1{ -Il} q 0(.1 2 4 2000 PI. II) , ~ . , \ , As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp" may subject the booths to be closed for public health reason. Do you understand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the (ood. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code. Chapter 64E-11. ,~~ Date: .10-5-00 AGENDA ITEM No./f~Jq OCT Z 4 2000 PL/( - ~__~.~"w..,__..-,., r r INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS · Coo Name of event: St. Elizabeth Seton Festival Name of booth: Person in charge of booth: Wesley Bates Types of food or beverage to be served: soda, coffee, hot chocolate hamburoers. hot doos. Italian sausaae. cake & cookies fish & chips. oriental. Bar-B-Que, Onion, Pizza, Steak ice cream. eleohant ears Florida Administrative Code, Chapter 64E-11 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: approved food booths and health inspected on qrounds kitchen How will food be transported to event location? n/a Method of keeping food hot and/or cold at event site: each booth contains refrigerator & stove Method of cooking food at the location: stove at each booth Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: each booth is screened in metal Adequate facilities and supplies shall be provided for e:nployee handwashing. How will you provide this? each booth has a sink lO'~ .\GENOA ITEM Mo..Lif!ll:t OCT 2 4 2000 PI. /2- ... .- 'II :a: II: Failure to comply with applicable food service requirements in accordance with Chapter 64E-11, Florida Administrative Code, may result in enforcement action. Do you understand this completely? Yes'/ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete. and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and , certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. eL. Date: . W-5.-0Q AGENDA ITEM No. ./;,("; J 9 OCT 2 4 2000 Pe. .11 "~ INDIVIDCAL BOOTH HOTI~ICATIOH ~ORK FOR TEMPORARY BVUT8 (; 00 ' 1 0 Ilf ,,i Name ot event: St. Elizabeth Seton Festival Name ot booth: Taffy Wagon Person in charge ot booth: John Tolve Types ot tood or beverage to be served: soda, popcorn, cotton candy, taffy coated apples Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. L6cation of advanced food preparation: II/R How will food be transported to event location? n/a I" . Method ot keeping food hot and/or cold at event site: plprtrir stnve" Method of cooxing food at the location: stove Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: enclosed wagon Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? sink AGENOAITEM 'Ho./6(AlQ OCT 2 4 2000 L.,pg./~ Failure to comply with applicable food service requirements in accordance with Chapter 100-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely:' Yes ~ ./ No I certify that to the best of my knowledqe and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in qood faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charqe for the food. I aqree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Cod" Cbapta."9 n. WE-"" ,~~, Date: 10- 5-00 ".i ~ . ." fl.... AGENDA ITEM No. /6t;;J q OCT 2 4 2000 P&~- ~ . 1 ~~rriff ~on ~untrr Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 Coo .10~~ September 26, 2000 Rev. Joseph Spinelli St. Elizabeth Seton Church 2760 52"d Terrace Southwest Naples, Florida 34116 Dear Rev Spinelli We have received and reviewed the Request for Security for the St. Elizabeth Seton Festival, running from November 8-12, 2000. The plans are hereby approved by the Collier County Sheriff's Office and adequate security will be provided Questions and concerns should be directed to me, or Sgt. John Mausen, as representatives of Sheriff Don Hunter. v~ Lt Scott Stamets Golden Gate Substation SLS/wsc cc: File 4GEND"ITEM No./~) Cf OCT 2 4 2000 PI. /1.: GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY. NAPLES, FLORIDA 34116-6901 (941) 455-2121. FAX (941) 455-791~ . coo 1 0'" =.. September 26, 2000 Reverend Joseph A. Spinelli St. Elizabeth Seton Church 2760 52nd Terrace S.W Naples, Florida 34116 Dear Father Spinelli This letter is to acknowledge receipt of your correspondence pertaIning to the St. Elizabeth Seton Catholic Church annual festival to be held on November 8, 9, 10, II and 12,2000. This department does not object to your having the festival, however, we must insist that all fire codes and safety codes be strictly adhered to. In addition, it will be necessary for all festival facilities to be inspected by a fire department inspector after they are set up and prior to their being opened to the public Thank you for your cooperation. n. ce ely, _ ~// !A . . '4Jl~ David . Anderson Assistant Chief DJAlpm AGENDA ITEM No. /'f.AJ 'l OCT 2 4 2000 pr..-L1 - . - ---- DUNI< T.... e.sKEnW!. TOSS FESTNAL BUILDING -, -' -~ f\t"c:. . ...' COO . 1 O".,e . P,'"',::::- \ ./ - ....,. ~ --7 \' '\"'I Il i;:.c:, It ~ 0-~0 ;.J..o o o [E] I BURGERS ~ ~ , ~ .--, . . \<...\ ~t. "lo. SHOaL CARRIAGE HOUSE T l PI. /~ Permit No. PERMIT FOR CARNlV AL EXHmmON STATE OF FLORIDA, COUNTY OF COLLIER, WHEREAS, Reverend Joseph Spinelli. O.5.A., of St. Elizabeth Seton, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Reverend Joseph Spinelli, O,S.A., has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10. Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Reverend Joseph Spinelli, O.S.A., has requested a waiver of the, Surety Bond; NOW, THEREFORE, TInS PERMIT IS HEREBY GRANTED TO Reverend Joseph Spinelli, O.S.A., to conduct a carnival November 8, 9, 10, 11 and 12,2000. in accordance with the tenns and conditions set forth in the petitic-ner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attacbed Exhibit "A") The request for waiver of Surety Bond is bereby approved. WITNESS my hand as Chairwoman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ,2000, ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, ,CHAIRMAN Apprcved h to Fornl and Legal Sufficiency: MalJorie M. Srudent Assistant County Anorney g/adminlC -2000' I O/CM/im AGENDA ITEM No. //(#) Cf OCT 2 4 2000 Par /1 .. . , Exhibit -A" Block 20. and 205, Golden Gate City, Unit 6, according to the plat thereot, as recorded in Plat Book 5, Page 11 ot the Public Records ot Collier County, Florida. Also lot 5, Block 201, Golden Gate, Unit 6, according to plat bOOk 5, PAges 124 to 134, Inc. Public records of Coll1er County, tl. --'-.. .~ -& , . AGENDA ITEM No. /h 14) 7 , OCT 2 4 2000 f>g.~ _ ~ PennitNo. PERMIT FOR CARNIY At EXHIBmON STATE OF FLORIDA : COWIY OF COLLIER: WHEREAS, Reverend Joeeph Spinelli, D.S.A., of 5t. Elizabeth Seton Catholic Church, has made appliClltiOD to the Board of County Cornmi$!iODer5 of Collier County, Florida, for I permit to conduct, carnival; on' WHEREAS, Rcvet'eIld Joseph Spinelli, D.S.A., of 5t. Elizabeth Seton Catholic Church, has presented to the Boan:I sufficient evidence that III criteria for the iuuance of. permit to conduct. eamival as tet forth in Ch.Ipter -"'J7,, 10, Article n, Am~ts and Enteruinments, of the Collier County Code hive been satisfied and that such carnival exhibition will be conducted aCCOrding to lawful requirements and COllditions; and WHEREAS, said Reverend JOICJlh Spinelli, D.S.A., of 5t EIizabe1h Seton Catholic Church. has requested I waiver of the, Surety Bood: NOW, THEREFORE, nus PERMIT IS HEREBY GRANTED TO St. Elizabeth Seton Catholic Churt:h to CODduct. ca.mivl1 from Novett1ber 8 through November 12. 2000, in accordance with the terms and c:anditions set forth in the petitioner'. appliCltion and all related documents, attached hereto and incorporated herein for the following defC1'1~ property: (See atrachcd Exlubit "A") 'J'he requClt for waiver of Surety Bond ill hereby approved. WITNESS my baDd u ClWrwoalaD oftaidBoardIDd Seal ofwd County, Ittetted by the Qed.: of Courts in IlId {or Aid Cotmtyibis_ day of .2000. BOARD OF COlJNlY COMMISSIONERS: COLLIER COUNTY, F1.0RIDA: AlTEST: DWIGHT E. BROCK, Cled; JAMES D. CARTER. Ph.D., CHAIRMAN ApprOved as to Form and Lq:al Sufficiency: ~A;'-7h. /Jr"./(P_ Mlljori . Student Auistant County Attorney JI~.2000-1OJCMIi.., ~cm No. JI. OCT 2 4 2000 Pl. ~( __ ~'r-~.-:-.'-""''''''- . . . .: .. . Exhi!)it -A- Block 204 and 205, Golden Gate City, Unit 6, accordlnq to tne plat tnereot, a. recorded in Plat Book 5, Page 11 ot the Public Recorda of Collier County, Florida. Also lot 5. Block 201~ Golden Gate, Unit '. according to plat book S. PAges 124 to 1J., inc. Public records or Collier County, rl. .- '- -& ....." i AGENDA ITEMq No. 16 (,q-h OCT 2 4 2000 PII. ~ -'.- .,.,------- ('" EXECUTIVE SUMMARY AUTHORIZATION TO REJECT SOLE PROPOSAL FOR RFP # 00-3127 "CONSULTANT SERVICES FOR CON~OLlDATED PLAN" AND TO AUTHORIZE STAFF TO RE-ADVERTISE. OBJECTIVE: To obtain competitive proposals from qualified firms to provide services to Collier County for the coordination of information for the compilation of a Consolidated Plan to be submitted to the U.S. Department of Housing and Urban Development (HUD) as part of the application process for Urban County status. CONSIDERATIONS: On August 21, 2000, HUD notified Collier County that we qualified for Urban County status, based on revised population figures, and invited us to apply for Urban County status for the purpose of being designated as a recipient of . Entitlement Community Development Block Grant (CDBG) funds. Part of that process is the submission of an application to HUD, as well as the preparation and submission of a substantial document called the Consolidated Plan, a three to-five year strategic plan encompassing community development and housing assistance goals to be addressed through HUD's annual CDBG grants of approximately $1.938 million. ,-- A Scope of Services and RFP documents were completed and an advertisement for proposals was made on September 8, 2000. Proposals were due on October 6, 2000. Of the two proposals received by the submission deadline, one was found to be non-compliant. The selection committee met on October 10, 2000 and by consensus, decided to recommend that the Board of County Commissioners re-advertise "Consultant Services for Consolidated Plan" to obtain competitive proposals, in the,best interests of the County. GROWTH MANAGEMENT IMPACT: The receipt of CDBG funds will assist m implementation of several elements of the Growth Management Plan.. FISCAL IMPACT: None at this point, but the total amount anticipated to be funded annually by HUD is $1.938 million. RECOMMENDATIONS: That the Board of County Commissioners reject the sole response to RFP # 00-3127 "Consultant Services for Consolidated Plan" and to authorize staff to re-advertise "Consultant Services for Consolidated Plan" under a new Request for Proposal. AGENOA ITEIoI No. / ,,fiJ I JJ) OCT 2 4 2000 ,.--. Pl. , L~' ((J /1 SUBMITTED BY: . . ~("'. ~~ Susan E. Alden, tvYanager Housing and Urban Improvement --:1 ////~~ ~ REVIEWED BY: ~/ -;:;:;: /jZ/~<L- ",/L----. Greg Mihalic, Director K Housing and Urban Improv~ent Date: (() - /eJ - c/.QOQ Date: /0 "/i' - tJ.. ...1. ./ REVIEWED BY: ;' , Gwen Butler, Acting Director Purchasing /J' " i 1 i, ( Date: APPROVED BY: , Date: John M. Dunnuck III, Interim Administrator Community Development & Environmental Services / l AGENDA ITEM No. lirA)/!) OCT 2 4 2000 Pl. ;. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS EXECUTE INTERLOCAL AGREEMENTS WITH SPECIFIED TAXING DISTRICfS TO EXEMPT THEM FROM THE ANNUAL REQUIREMENT TO APPROPRIATE INCREMENT REVENUES TO THE REDEVELOPMENT TRUST FUND. OBTECfIVE: To authorize the Chairman of the Board of County Commissioners to sign the interlocal agreements with the identified special taxing districts. Execution of these agreements will implement one of the requirements outlined in Ordinance No. 2000-42, which established the Redevelopment Trust Fund BACKGROUND: On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000-82 and 2000-83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (Bayshore/Gateway Triangle and lmmokalee) as areas in need of redevelopment. On May 23, 2000 the CRA approved Resolution 2000-01 adopting the Community Redevelopment Plan and recommending approval of the Plan to the Board of County Commissioners. On June 13, 2000 the Board of County Commissioners adopted Resolution 2000- 181 adopting the Community Redevelopment Plan which recognizes the use of Tax Increment Financing as the principal source of funding for the redevelopment program. The Board of County Commissioners on June 13, 2000 adopted ordinance 2000-42. Along with establishing the Redevelopment Trust Fund, this ordinance authorized the exemption of certain taxing districts from the annual appropriation of tax increments and directed the preparation of an inter local agreement implementing the exemption for each district. The special districts identified for exemptions are: Big Corkscrew Fire District, Collier Mosquito Control District; East Naples Fire District; and the lmmokalee Fire District. CONSIDERATIONS: Approval of this item will authorize the Chairman to sign the interlocal agreements with each special district as required in Ordinance 2000-42. FISCAL IMP ACf: There will be no fiscal impact to the County's revenues. There will be a minor reduction in the increment revenues eligible for collection for the redevelopment program. However, staff recognizes that each of the taxing districts exempted provides an essential service to the redevelopment areas and it is important to maintain the same level of service. GROWTH MANAGEMENT IMPACT: Both the Future Land Use Element of the Growth Management Plan and the Immokalee Area Master Plan recognizes the need for redevelopment in the Bayshore/Gateway Triangle and the Immokalee areas. Approval of this item will further the implementation of the redevelopment program. AGENDA ITEM NO. /4/1) 11 OCT 2 4 2000 Pi. ( -1- CCPC RECOMMENDATION: Not Applicable ENVIRONMENTAL ISSUES: Not Applicable HISTORICAU ARCHEOLOGICAL IMPACT: Not Applicable PLANNING SERVICES RECOMMENDATION: That the Board of County Commissioners execute the interlocal agreements. PREPARED BY: ~ '~.'~ ' _ _ ',> -. c: " \ hc\)\,:j,-~ - \ 1:7) .""\ .bEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: Sr~rt:~ COMPREHENSIVE PLANNING MANAGER REVIEWED BY: ~ . t / " / f ~ .......... ......--'- ~ .-.-- BOB MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: \ i ( tl.., \ fi, ,i l~ l,_ JOHN qUNNUCK INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES - 2- October 9, 2000 DATE /0 / 1'- CJ-{) DATE 1......- 7-1~' 0- " DATE (~ :' \ i,~, ,F " DATE AGENDA ITEM No. /6~) /1 OCT 2 4 2000 Pl. #- INTERLOCAL AGREEMENT [Big Corkscrew Fire District] THIS AGREEMENT is entered into this _ day of , 2000, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the BIG CORKSCREW FIRE DISTRICT, a body politic and corporate special district in the State of Florida (the "District"). WITNESSTH WHEREAS, by Resolution No. 2000-82 adopted by the Board of County Commissioners of Collier County, Florida (the "County Commission") on March 14,2000 it was determined that one or more blighted areas exist within Collier County, Florida, and that the rehabilitation, conservation or redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County; and WHEREAS, by Resolution No. 2000-83 adopted by the Board of County Commissioners on March 14, 2000, the County Commission created the Community Redevelopment Agency of Collier County, Florida (the "Agency"); and WHEREAS, by Resolution No. 2000-181 adopted by the Board of County Commissioners on June 13, 2000, the County Commission adopted a community redevelopment plan (the "Plan") for the community redevelopment area as fully described in that Resolution and in Exhibit "A" attached hereto and made a part hereof (the "Community Redevelopment Area"); and WHEREAS, in order to plan and implement community redevelopment within the Community Redevelopment Area it was necessary that a redevelopment trust fund be established and created for said area as provided in Section 163.387, Florida Statutes (1999) (the "Act"); and WHEREAS, on June 13, 2000, the Board of County Commissioners enacted Ordinance No.2000-42 which created a community redevelopment trust fund for the Area and provided for the funding thereof (the "Trust Fund Ordinance"); and WHEREAS, the Trust Fund Ordinance exempted the District from the annual requirement under the Act to appropriate "increment revenues" and cause that amount to be deposited in the community redevelopment trust fund created by the Trust Fund Ordinance; and AGENOAITEM No. /bf(1111 OCT 2 4 2000 1 PI. -3 WHEREAS, the Act requires and the Trust Fund Ordinance authorized and directed that an interlocal agreement be prepared and entered into between the County and the District setting forth the conditions of such exemption, including the period of time for which the exemption is granted; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, the District and the County agree as follows: SECTION 1. Authoritv. This Agreement is entered into pursuant to the provisions of Section 163.01 and Section 163.387(2)(d), Florida Statutes, and other applicable provisions oflaw. SECTION 2. Findine:s. The recitals set forth above are hereby approved and incorporated herein. SECTION 3. Exemption. As provided in the Trust Fund Ordinance, the District is exempt from the annual requirement under the Act to appropriate "increment revenues" and cause that amount to be deposited in the community redevelopment trust fund created by the Trust Fund Ordinance. SECTION 4. unconditional. Conditions. The exemption of the District 1S SECTION 5. Period of Time. The exemption of the District shall continue and remain in effect until the Trust Fund Ordinance is repealed.. SECTION 6. Representations and Warranties. (a) The District does hereby represent and warrant to the County that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individually or collectively. (b) The County does hereby represent and warrant to the District that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment ;ontemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individ ually or collectively. --- SECTION 7. Amendments. This Agreement may be ame mom. ~ mutual agreement of the County and the District at any time and from t me Uil. time/~ II 2 OCT 2 4 2000 Pi. f which amendment shall only be effective upon execution of a written amendment hereto. SECTION 8. This Afieement to Constitute Contract. In consideration of the acceptance of their mutual duties, obligations, and responsibilities hereunder, this Agreement shall be deemed to be and shall constitute a contract between the County and the District. SECTION 9. Remedies. The District may seek to protect and enforce any and all rights, duties, and obligations of the County or the District granted and contained in this Agreement, and to enforce the exemption or by any applicable laws to be performed by the District or the County or by any official thereof; and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. SECTION 10. Severabilitv. If anyone or more of the covenants, agreements or provisions of this Agreement shall be held contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining provisions of this Agreement. SECTION 11. Controllinl! Law. All covenants, stipulations, obligations and agreements of the County and the District contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of each of the County and the District, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. The laws of the State of Florida shall govern any and all provisions of this Agreement and any proceeding seeking to enforce or challenge any provision of this Agreement. Venue for any proceeding pertaining to this Agreement shall be Collier County, Florida. SECTION 12. No Member Liabilitv. No obligation or agreement contained herein shall be deemed to be an obligation or agreement of any present or future member of the governing body or agent or employee of the County or the District in its, his or her, or their individual capacity, and neither the members of the governing body of the County or the District, nor any official executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the execution by the County or the District of this Agreement or any act pertaining thereto. SECTION 13. Filinl!. The District and the County are hereby authorized and directed after approval of this Agreement by the County and the District and execution thereof by the duly qualified and authorized officers of each of e p~ ITEM I hereto, to file this Agreement with the Clerk of the Circuit Court of Colli r C~m:;/h(t) f OCT 2 4 2000 PI. f.. .~ 3 Florida, for recording in the public records of Collier County, Florida, as provided in Section IG3.01(1l), Florida Statutes. SECTION 14. Expiration Date. Unless extended or shortened by mutual agreement of the County and the District by adoption and execution of a subsequent interlocal agreement, this Agreement shall expire and terminate upon repeal of the Trust Fund Ordinance. SECTION 15. Effective Date. This Agreement shall become effective immediately upon the execution by the appropriate officers of the County and the District, and upon filing of this Agreement as required by Section 13 hereof. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Attest: By: By: Dwight E. Brock, as its Clerk , Chairman (SEAL) BIG CORKSCREW FIRE DISTRICT Attest: By: By: , as its Secretary , as its STATE OF FLORIDA COUNTY OF COLLIER .- THE FOREGOING instrument was acknowledged before me this _ day of , 2000, by , as Chairman, and Dwight E. Brock, as Clerk of the Board of County Commissioners of Collier County, Florida, a bod po~1JEN N4./J, 1#) II OCT 2 4 2000 4 Pl. b corporate of the State of Florida, who are personally known to me or who have pr0duced as identification. Printed Name: Commission No.: Commission Expires: Notary Public, State of Florida at Large (affix notary seal) STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING instrument was acknowledged before me this _ day of , 2000, by , as Chairman, and as Secretary, of the Big Corkscrew Fire District, a body politic and corporate of the State of Florida, who are personally known to me or who have produced as identification. Printed Name: 9ommission No.: Commission Expires: Notary Public, Stat'e of Florida at Large (affix notary seal) 5 AGENDA ItEM No. It. r;; ) ii OCT 2 4 2000 Pl. '/ INTERLOCAL AGREEMENT [El'st Naples Fire District] THIS AGREEMENT is entered into this _ day of , 2000, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the EAST NAPLES FIRE DISTRICT, a body politic and corporate special district in the State of Florida (the "District"). WITNESSTH WHEREAS, by Resolution No. 2000-82 adopted by the Board of County Commissioners of Collier County, Florida (the "County Commission") on March 14,2000 it was determined that one or more blighted areas exist within Collier County, Florida, and that the rehabilitation, conservation or redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County; and WHEREAS, by Resolution No. 2000-83 adopted by the Board of County Commissioner; >n March 14, 2000, the County Commission created the Community Redevelopment .\.gency of Collier County, Florida (the "Agency"); and WHEREAS, by Resolution No. 2000-181 adopted by the Board of County Commissioners on June 13, 2000, the County Commission adopted a community redevelopment plan (the "Plan") for the community redevelopment area as fully described in that Resolution and in Exhibit "A" attached hereto and made a part hereof (the "Community Redevelopment Area"); and WHEREAS, in order to plan and implement community redevelopment within the Community Redevelopment Area it was necessary that a redevelopment trust fund be established and created for said area as provided in Section 163.387, Florida Statutes (1999) (the "Act"); and WHEREAS, on June 13, 2000, the County Commission enacted Ordinance No.2000-42 which created a community redevelopment trust fund for the Area and provided for the funding thereof (the "Trust Fund Ordinance"); and WHEREAS, the Trust Fund Ordinance exempted the District from the annual requirement under the Act to appropriate "increment revenues" and cause that amount to be deposited in the community redevelopment trust fund created by the Trust Fund Ordinance; and - AGENDA ITEM No. /6VfJ II OCT 2 It 2000 ? Pe. 1 WHEREAS, the Act requires and the Trust Fund Ordinance authorized and directed that an interlocal agreement be prepared and entered into between the County and the District setting forth the conditions of such exemption, including the period of time for which the exemption is granted; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, the District and the County agree as follows: SECTION 1. Authoritv. This Agreement is entered into pursuant to the provisions of Section 163.01 and Section 163.387(2)(d), Florida Statutes, and other applicable provisions oflaw. SECTION 2. Findine:s. The recitals set forth above are hereby approved and incorporated herein. SECTION 3. Exemption. As provided in the Trust Fund Ordinance, the District is exempt from the annual requirement under the Act to appropriate "increment revenues" and cause that amount to be deposited in the community redevelopment trust fund created by the Trust Fund Ordinance. SECTION 4. unconditional. Conditions. The exemption of the District IS SECTION 5. Period of Time. The exemption of the District shall continue and remain in effect until the Trust Fund Ordinance is repealed.. SECTION 6. Representations and Warranties. (a) The District does hereby represent and warrant to the County that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individually or collectively. (b) The County does hereby represent and warrant to the District that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individually or collectively. AGENDA I~ SECTION 7. Amendments. This Agreement may be amen ed Jif the//(Al/' mutual agreement of the County and the District at any time and from ti e to time', OCT 2 4 2000 2 PI. q which amendment shall only be effective upon execution of a written amendment hereto. SECTION 8. This Alrreement to Constitute Contract. In consideration of the acceptance of their mutual duties, obligations, and responsibilities hereunder, this Agreement shall be deemed to be and shall constitute a contract between the County and the District. SECTION 9. Remedies. The District may seek to protect and enforce any and all rights, duties, and obligations of the County or the District granted and contained in this Agreement, and to enforce the exemption or by any applicable laws to be performed by the District or the County or by any official thereof; and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. SECTION 10. Severability. If anyone or more of the covenants, agreements or provisions of this Agreement shall be held contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining provisions of this Agreement. SECTION 11. Controllinl! Law. All covenants, stipulations, obligations and agreements of the County and the District contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of each of the County and the District, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. The laws of the State of Florida shall govern any and all provisions of this Agreement and any proceeding seeking to enforce or challenge any provision of this Agreement. Venue for any proceeding pertaining to this Agreement shall be Collier County, Florida. SECTION 12. No Member Liabilitv. No obligation or agreement contained herein shall be deemed to be an obligation or agreement of any present or future member of the governing body or agent or employee of the County or the District in its, his or her, or their individual capacity, and neither the members of the governing body of the County or the District, nor any official executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the execution by the County or the District of this Agreement or any act pertaining thereto. - SECTION 13. Filinl!. The District and the County are hereby authorized and directed after approval of this Agreement by the County and the District and the execution thereof by the duly qualified and authorized officers of each 0 e hereto, to file this Agreement with the Clerk of the Circuit Court of Co er tiIlunty II/i)/{ 3 OCT 2 4 2000 Pe. /0 Florida, for recording in the public records of Collier County, Florida, as provided in Section 163.01(11), Florida Statutes. SECTION 14. Expiration Date. Unless extended or shortened by mutual agreement of the County and the District by adoption and execution of a subsequent interlocal agreement, this Agreement shall expire and terminate upon repeal ofthe Trust Fund Ordinance. SECTION 15. Effective Date. This Agreement shall become effective immediately upon the execution by the appropriate officers of the County and the District, and upon filing of this Agreement as required by Section 13 hereof. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Attest: By: By: Dwight E. Brock, as its Clerk ,Chairman (SEAL) EAST NAPLES FIRE DISTRICT Attest: By: By: , as its Secretary , as its STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING instrument was acknowledged before me this _ day of , 2000, by , as Chairman, and Dwight E. Brock, as Board of County Commissioners of Collier County, Florida, a body poli~J"i1 4 OCT 2 4 2000 Pl. 1/ corporate of the State of Florida, who are personally known to me or who have produced as identification. Printed Name: Commission No.: Commission Expires: Notary Public, State of Florida at Large (affix notary seal) STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING instrument was acknowledged before me this _ day of , 2000, by , as Chairman, and ,as Secretary, of the East Naples Fire District, a body politic and corporate of the State of Florida, who are personally known to me or who have produced as identification. Printed Name: Commission No.: Commission Expir~s: Notary Public, State of Florida at Large (affix notary seal) AGENDA ITEM No. /6(A) tI OCT 2 4 2000 Pi. /tL 5 INTERLOCAL AGREEMENT [Immokalee Fire District] THIS AGREEMENT is entered into this _ day of , 2000, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the IMMOKALEE FIRE DISTRICT, a body politic and corporate special district in the State of Florida (the "District"). WITNESSTH WHEREAS, by Resolution No. 2000-82 adopted by the Board of County Commissioners of Collier County, Florida (the "County Commission") on March 14,2000 it was determined that one or more blighted areas exist within Collier County, Florida, and that the rehabilitation, conservation or redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County; and WHEREAS, by Resolution No. 2000-83 adopted by the Board of County Commissioners on March 14, 2000, the County Commission created the Community Redevelopment Agency of Collier County, Florida (the "Agency"); and WHEREAS, by Resolution No. 2000-181 adopted by the Board of County Commissioners on June 13, 2000, the County Commission adopted a community redevelopment plan (the "Plan") for the community redevelopment area as fully described in that Resolution and in Exhibit "A" attached hereto and made a part hereof (the "Community Redevelopment Area"); and - WHEREAS, in order to plan and implement community redevelopment within the Community Redevelopment Area it was necessary that a redevelopment trust fund be established and created for said area as provided in Section 163.387, Florida Statutes (1999) (the "Act"); and WHEREAS, on June 13, 2000, the Board of County Commissioners enacted Ordinance No.2000-42 which created a community redevelopment trust fund for the Area and provided for the funding thereof (the "Trust Fund Ordinance"); and WHEREAS, the Trust Fund Ordinance exempted the District from the annual requirement under the Act to appropriate "increment revenues" and cause that amount to be deposited in the community redevelopment trust fund created by the Trust Fund Ordinance; and AGENDA ITEM No. /6~) /1 OCT 2 4 2000 1 Pl. /..1 WHEREAS, the Act requires and the Trust Fund Ordinance authorized and directed that an interlocal agreement be prepared and entered into between the County and the District setting forth the conditions of such exemption, including the period of time for which the exemption is granted; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, the District and the County agree as follows: SECTION 1. Authoritv. This Agreement is entered into pursuant to the provisions of Section 163.01 and Section 163.387(2)(d), Florida Statutes, and other applicable provisions oflaw. SECTION 2. Findine:s. The recitals set forth above are hereby approved and incorporated herein. SECTION 3. Exemption. As provided in the Trust Fund Ordinance, the District is exempt from the annual requirement under the Act to appropriate "increment revenues" and cause that amount to be deposited in the community redevelopment trust fund created by the Trust Fund Ordinance. SECTION 4. unconditional. Conditions. The exemption of the District IS SECTION 5. Period of Time. The exemption of the District shall continue and remain in effect until the Trust Fund Ordinance is repealed.. SECTION 6. Representations and Warranties. (a) The District does hereby represent and warrant to the County that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individually or collectively. (b) The County does hereby represent and warrant to the District that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individ ually or collectively. SECTION 7. Amendments. This Agreement may be amen mutual agreement of the County and the District at any time and from ti 2 OCT 2 4 2000 Pi. It! which amendment shall only be effective upon execution of a written amendment hereto. SECTION 8. This Aaeement to Constitute Contract. In consideration of the acceptance of their mutual duties, obligations, and responsibilities hereunder, this Agreement shall be deemed to be and shall constitute a contract between the County and the District. SECTION 9. Remedies. The District may seek to protect and enforce any and all rights, duties, and obligations of the County or the District granted and contained in this Agreement, and to enforce the exemption or by any applicable laws to be performed by the District or the County or by any official thereof; and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. SECTION 10. Severabilitv. If anyone or more of the covenants, agreements or provisions of this Agreement shall be held contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining provisions of this Agreement. SECTION 11. Controlline: Law. All covenants, stipulations, obligations and agreements of the County and the District contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of each of the County and the District, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. The laws of the State of Florida shall govern any and all provisions of this Agreement and any proceeding seeking to enforce or challenge any provision of this Agreement. Venue for any proceeding pertaining to this Agreement shall be Collier County, Florida. SECTION 12. No Member Liabilitv. No obligation or agreement contained herein shall be deemed to be an obligation or agreement of any present or future member of the governing body or agent or employee of the County or the District in its, his or her, or their individual capacity, and neither the members of the governing body of the County or the District, nor any official executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the execution by the County or the District of this Agreement or any act pertaining thereto. SECTION 13. Filine:. The District and the County are hereby authorized and directed after approval of this Agreement by the County and the District and the execution thereof by the duly qualified and authorized officers of each of e pJPO!@\Il"EM hereto, to file this Agreement with the Clerk of the Circuit Court of Colli C~nty /6(411/ 3 OCT 2 4 2000 Pl. /5 Florida, for recording in the public records of Collier County, Florida, as provided in Section 163.01(11), Florida Statutes. SECTION 14. Expiration Date. Unless extended or shortened by mutual agreement of the County and the District by adoption and execution of a subsequent interlocal agreement, this Agreement shall expire and terminate upon repeal of the Trust Fund Ordinance. SECTION 15. Effective Date. This Agreement shall become effective immediately upon the execution by the appropriate officers of the County and the District, and upon filing of this Agreement as required by Section 13 hereof. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Attest: By: By: Dwight E. Brock, as its Clerk , Chairman (SEAL) IMMOKALEE FIRE DISTRICT Attest: ~: ~ , as its Secretary , as its STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING instrument was acknowledged before me this _ day of , 2000, by , as Chairman, and Dwight E. Brock, a f'l._L .1' the Board of County Commissioners of Collier County, Florida, a body p liti~~~/I OCT 2 4 2000 Pl. /t- 4 corporate of the State of Florida, who are personally known to me or who have produced as identification. Printed Name: Commission No.: Commission Expires: Notary Public, State of Florida at Large (affix notary seal) STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING instrument was acknowledged before me this _ day of , 2000, by , as Chairman, and as Secretary, of the Immokalee Fire District, a body politic and corporate of the State of Florida, who are personally known to me or who have produced as identification. Printed Name: Commission No.: Commission Expires: Notary Public, State of Florida at Large (affix notary seal) AGENDA 11'EM No. /~)// OCT 2 4 2000 Pl. /1 . 5 INTERLOCAL AGREEMENT [Collier Mosquito Control District] THIS AGREEMENT is entered into this _ day of , 2000, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the COLLIER MOSQUITO CONTROL DISTRICT, a body politic and corporate special district in the State of Florida (the "District"). WITNESSTH WHEREAS, by Resolution No. 2000-82 adopted by the Board of County Commissioners of Collier County, Florida (the "County Commission") on March 14,2000 it was determined that one or more blighted areas exist within Collier County, Florida, and that the rehabilitation, conservation or redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County; and WHEREAS, by Resolution No. 2000-83 adopted by the Board of County Commissioners on March 14, 2000, the County Commission created the Community Redevelopment Agency of Collier County, Florida (the "Agency"); and WHEREAS, by Resolution No. 2000-181 adopted by the Board of County Commissioners on June 13, 2000, the County Commission adopted a community redevelopment plan (the "Plan") for the community redevelopment area as fully described in that Resolution a11d in Exhibit "A" attached hereto and made a part hereof (the "Community Redevelopment Area"); and - WHEREAS, in order to plan and implement community redevelopment within the Community Redevelopment Area it was necessary that a redevelopment trust fund be established and created for said area as provided in Section 163.387, Florida Statutes (1999) (the "Act"); and WHEREAS, on June 13, 2000, the Board of County Commissioners enacted Ordinance No.2000-42 which created a community redevelopment trust fund for the Area and provided for the funding thereof (the "Trust Fund Ordinance"); and - WHEREAS, the Trust Fund Ordinance exempted the District from the annual requirement under the Act to appropriate "increment revenues" and cause that amount to be deposited in the community redevelopment trust fund created by the Trust Fund Ordinance; and AGENDA ITEM No. 4ft) II OCT 2 4 2000 1 pa.~ WHEREAS, the Act requires and the Trust Fund Ordinance authorized and directed that an interlocal agreement be prepared and entered into between the County and the District setting forth the conditions of such exemption, including the period of time for which the exemption is granted; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, the District and the County agree as follows: SECTION 1. Authoritv. This Agreement is entered into pursuant to the provisions of Section 163.01 and Section 163.387(2)(d), Florida Statutes, and other applicable provisions oflaw. SECTION 2. Findin~s. The recitals set forth above are hereby approved and incorporated herein. SECTION 3. Exemption. As provided in the Trust Fund Ordinance, the District is exempt from the annual requirement under the Act to appropriate "increment revenues" and cause that amount to be deposited in the community redevelopment trust fund created by the Trust Fund Ordinance. SECTION 4. unconditional. Conditions. The exemption of the District IS SECTION 5. Period of Time. The exemption of the District shall continue and remain in effect until the Trust Fund Ordinance is repealed.. SECTION 6. Representations and Warran~ies. (a) The District does hereby represent and warrant to the County that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individually or collectively. (b) The County does hereby represent and warrant to the District that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individually or collectively. AGaIOlllTEM ed hY" tn7~) /1 e totfun::, OCT 2 4 2000 Pl. I? SECTION 7. Amendments. This Agreement may be amen mutual agreement of the County and the District at any time and from ti 2 which amendment shall only be effective upon execution of a written amendment hereto. SECTION 8. This AlITeement to Constitute Contract. In consideration of the acceptance of their mutual duties, obligations, and responsibilities hereunder, this Agreement shall be deemed to be and shall constitute a contract between the County and the District. SECTION 9. Remedies. The District may seek to protect and enforce any and all rights, duties, and obligations of the County or the District granted and contained in this Agreement, and to enforce the exemption or by any applicable laws to be performed by the District or the County or by any official thereof; and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. SECTION 10. Severabilitv. If anyone or more of the covenants, agreements or provisions of this Agreement shall be held contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining provisions of this Agreement. SECTION 11. Controlline: Law. All covenants, stipulations, obligations and agreements of the County and the District contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of each of the County and the District, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. The laws of the State of Florida shall govern any and all provisions of this Agreement and any proceeding seeking to enforce or challenge any provision of this Agreement. Venue for any proceeding pertaining to this Agreement shall be Collier County, Florida. SECTION 12. No Member Liabilitv. No obligation or agreement contained herein shall be deemed to be an obligation or agreement of any present or future member of the governing body or agent or employee of the County or the District in its, his or her, or their individual capacity, and neither the members of the governing body of the County or the District, nor any official executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the execution by the County or the District of this Agreement or any act pertaining thereto. SECTION 13. Filine:. The District and the County are hereby authorized and directed after approval of this Agreement by the County and the District and the execution thereof by the duly qualified and authorized officers of each of e p ITEM hereto, to file this Agreement with the Clerk of the Circuit Court of Colli r CRIUltV. //(-1) / I 3 OCT 2 4 2000 PI. .,UJ Florida, for recording in the public records of Collier County, Florida, as provided in Section 163.01(11), Flm-ida Statutes. SECTION 14. Expiration Date. Unless extended or shortened by mutual agreement of the County and the District by adoption and execution of a subsequent interlocal agreement, this Agreement shall expire and terminate upon repeal ofthe Trust Fund Ordinance. SECTION 15. Effective Date. This Agreement shall become effective immediately upon the execution by the appropriate officers of the County and the District, and upon filing of this Agreement as required by Section 13 hereof. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Attest: By: By: Dwight E. Brock, as its Clerk , Chairman (SEAL) COLLIER DISTRICT MOSQUITO CONTROL Attest: By: By: , as its Secretary , as its STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING instrument was acknowledged before me this , 2000, by , as Chairman, and Dwight E Clerk, of the Board of County Commissioners of Collier County, Florida, a 4 "ITEM Br '. a(/#)// od~tJlit. OCT 2 4 2000 Pl. ,4/ ....,..,..."..~-...~- and corporate of the State of Florida, who are personally known to me or who have produced as identification. Printed Name: Commission No.: Commission Expires: Notary Public, State of Florida at Large (affix notary seal) STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING instrument was acknowledged before me this _ day of , 2000, by , as Chairman, and as Secretary, of the Collier Mosquito Control District, a body politic and corporate of the State of Florida, who are personally known to me or who have produced as identification. Printed Name: Commission No.: Commission Expires: Notary Public, State of Florida at Large (affix notary seal) AGENDA ITEM No. ~f1J /1 OCT 2 4 2000 Pl. # 5 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MONTALVO" OBJECTIVE: To approve for recording the final plat of Montalvo, lands located in Section 11, Township 49 South, Collier County, Florida. a subdivision of Range 25 East, CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Montalvo". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Montalvo" be approved for recording. ~ FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues. AGENDA ITEM No. /6f4J /.2- OCT 2 4 20~O Pl. / Executive Summary Montalvo Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: There are no historical or archeological issues EAC RECOMMENDATION: This project was not heard by the EAC. CCPC RECOMMENDATION: This project did not require CCPC approval. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Montalvo" with the following stipulations: 1. Authorize the recording of the Final Plat of "Montalvo." PREPARED BY: _. ..' ,_\ l ~_ '-' \ c~ ,(: i '.1'.'\ John R. Houldsworth, Senior Engineer Engineering Review il. Date C L REVIEWED BY: ~ t'? ill Thomas E. Kuck, P.E. Engineering Review Manager IO~ /-cJO Date Ro~~re, AICP Planning Services Department Director lIP . t(-OV Date APPROVED 13Y: /-.) '" /()- (-0 0 \ Vincent A. Cautero, AICP Adminis ator Community Dev. and Environmental Svcs. Date AGENDA ITEM No. IhG4 )/~ OCT 2 4 2000 Pl. :2. LOCATION MAP / VICINITY MAP SITE LOCATION Q < o ~ t-' Z :3 ~ c.. E-< ~ o c.. ~ ... < Q Q::: < :> ~ ~ o !Xl en rz:I ...:l c.. < Z PINE RIDGE ROAD AT EC ND ~ THE ISION OF nTT'\ , AGENlA ITEM No. /K#J /,fL OCT 2 4 2000 Pl. \ 1> EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF' "CASCADA AT FIDDLER'S CREEK" OBJECTIVE: To approve for recording the final plat of Cascada Creek, a subdivision of lands located in Section 14, South, Range 26 East, Collier County, Florida. at Fiddler's Township 51 CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Cascada at Fiddler's Creek". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Cascada at Fiddler's Creek" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: This project is within the Marco Shores Development of Regional Impact, therefore it is exempt from concurrency. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. AGENDt1TEM No. /61~} IJ . OCT 2 4 2000 PI. I Executive Summary Cascada at Fiddler's Creek Page 2 EAC RECOMMENDATION: This project was not required to be heard by the EAC. CCPC Recommendation: This project was not required to be heard by the CCPC. HISTORICAL / ARCHEOLIGICAL IMPACT: There is no historical or archeological impacts. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Cascada at Fiddler's Creek" with the following stipulations: 1. Authorize the recording of the Final Plat of "Cascada at Fiddler's Creek." PREPARED BY: -1;-....1 14",,\cl.:\l..'''\\ \. John R. Houldsworth, Senior Engineer Engineering Review 11:l.~'l:'o Date REVIEWED BY: /<;\/U;r}wt ~~ 1Lt Thomas E. Kuck, P.E. Engineering Review Manager /c;-./-co Date ~~- Robe t Mulhere, AICP Planning Services Department Director /0 -i~ Date APPROVED ~: ~. ~. ~.. i,l,,~! Vince t A. Cautero, AICP Administrato~ Community Dev. and Environmental Svcs. .?c1>~ -d d Date AGENOAI"TEM No..dMlLl OCT 2 4 2000 Pl. ~ CHA~ DIlWf CLUI CENTER DIlWf COLLIER I/. I'D. ~~ I BALD EAGLE DRIVE GULF OF MEXICO N l W*' iDeA TION MAP N. TS. o\GEIC>A ITEM No. /bf!?)L1 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR AND APPROVAL OF THE AGREEMENT AND APPROVAL RECORDING THE FINAL PLAT OF "daVINCI ESTATES", STANDARD FORM CONSTRUCTION AND MAINTENANCE OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat subdivision of lands located in Section 21, 26 East, Collier County, Florida, following for approval of subdivision plats. of "daVinci Estates", a Township 48 South, Range the alternative procedure CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "daVinci Estates". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "daVinci Estates" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $815,497.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $318,306.00 - $497,191.00 The Security amount, equal to 110% of the project cost, is $897,046.70 The County will realize revenues as follows: .\GENOA 1"!Pol No. /((11) /'1 OCT 2 4 2000 PI. I Executive Summary DaVinci Estates Page 2 Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $15,462.80 Fees are based on a construction estimate of $815,497.00 and were paid in June, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 545.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $1591.53 Drainage, Paving, Grading (.42% const. est.)- $2088.20 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $4774.59 Drainage, Paving, Grading (1.3% const. est.) - $6463.48 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this project. HISRORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts as a result of this project. EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "daVinci Estates" for recording with the following stipulations: 1. Approve the amount of $897,046.70 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of required improvements have Occupancy be granted until the received preliminary acceptance. AGENDA ITEM Mo...&l1li::I OCT 2 4 2000 pt. ,)- Executive Summary DaVinci Estates Page 3 b. That the plat not be recorded until suitable security and an appropriate construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: JI'\=-.\ l~"",\.h,~v-~ John R. Houldswort , Senior Engineer Engineering Review 10- ~ C>(J Date REVIEWED BY: /\k/luJ ~) 1U Thomas E, Kuck, P.E. Engineering Review Manager Ie) - /-00 Date ~~re, AICP Planning Services Department Director If) . y- tit:> Date APPRO~Y~ ~ ~-~ if. ~ I,! ~\ Vincent A. Cautero, P, Administrator Community Development & Environmental Services /0-;l~c;lU Date jrh AGEt-I)A ITEM No. Ih{lI) Ii OCT 2 4 2000 Pl. -3 LC FLORIDA Y COMPANY, N , '8 QUAIl. alEEK 17 16 15 PROJECT SITE I - 75 QUAIL " j. '0 " REGENCY LONGSHORE '. "u.AGE '-"'. ITIES, AND TER- SR. 848 IMMOKALEE ROAD t i::NT 30 ,. ,. '7 :T AS DOVE POINTE 31 32 33 34 VICINITY MAP NOT TO SCALE AGENDA ITEM No. /t.~}tf OCT 2 4 2000 Pl. if EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NAPLES GATEWAY PHASE TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Naples Gateway Phase Two", a subdivision of lands located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Naples Gateway Phase Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Naples Gateway Phase Two" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $498,406.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 29,706.00 - $468,700.00 The Security amount, equal to 110% of the project cost, is $548,246.60 AGENDA ITEM No. /6€'fJ 15/ OCT 2 4 2000 Pl. I Executive Summary Naples Gateway Phase Two Page 3 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $9206.76 Fees are based on a construction estimate of $498,406.00 and were paid in August, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 551.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 148.53 Drainage, Paving, Grading (.42% const. est.)- $1968.54 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 445.59 Drainage, Paving, Grading (1.3% const. est.) - $6093.10 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and approval has been reviewed and Office for the project. Release relating to conditional approved by the County Attorney's ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISRORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Naples Gateway Phase Two" for recording with the following stipulations: 1. Approve the amount of $548,246.60 as performance security for the required improvements. AGENOAITEM No- /6(t1)iS OCT 2 4 2000 Pl. ,:;..- Executive Summary Naples Gateway phase Two Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b, That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: -b~~ llU<;,.~~ John R. Houldsworth, Senior Engineer Engineering Review ,r, . OC) Iv - Date REVIEWED BY: /-skmUA- ~) iLl Thomas E. Kuck, P.E. Engineering Review Manager /~-./-co Date R.1!J1t.~e, AICP Planning Services Department Director /.: APPRO.VE~'BY: k /l/~' ~ - ,../1 %.4! r - 1// [-/ . 1 ;:-) Vincent A. Cautero, AICP, AdmiAistrator Community Development & Environmental Services ~. 'f "CJv Date / d' // ~d Q Date jrh NJaI)A /TBA / No. /b~l J3 OCT 2 4 2000 Pl. '- ? FLf\'l'tlUUK PAlih SHEET 1 of 1 . ". ~~;,. S nQ , I , il' \ \ \ 1 / 1 . \ =-.--- / / I~ I I I i I : I .. i :;. ..~., I S.ole Rlaoe Ln '" 9 01 -' -. Of ~; ~i ~ d ~ "'I I I \~ \!.. ,.... 1.- .. \.,....... '-..~- / , I BOtti T ~ tlvma,'on Woo'" I II i I \ '. SITE :-:-; '.' -, 01 ~ c, -~\-- ~, .... \. QI ~ I : J ~.: Du(lII~v Dr 1 I. l HI ", H - ---"'~-_.------ " 0: '" j 4 , r~ .. I.. ;; . ~ ~ AGENDA ITEM /' No. /b /AI ;0 OCT 2 4 2000 Pl, .y EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 109", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Mediterra Parcel 109", a subdivision of lands located in Section 11, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Parcel 109". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Naples Gateway Phase Two" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $239,831.23 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 79,636.00 - $160,195.23 The Security amount, equal to 110% of the project cost, is $ 263,814.35 AGENDA ITEM No. /t5WJ It. OCT 2 4 2000 I Pl. Executive Summary Mediterra Parcel 109 Page 3 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $4,827.56 Fees are based on a construction estimate of $498,406.00 and were paid in August, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 479.48 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 398.18 Drainage, Paving, Grading (.42% const. est.)- $ 672.82 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1194.54 Drainage, Paving, Grading (1.3% const. est.) - $2082.54 GROWTH MANAGEMENT IMPACT, The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES, There are no outstanding environmental issues HISRORICAL/ARCHEOLOGICAL IMPACT, There are no historical or archeological impacts EAC RECOMMENDATION, Approval CCPC RECOMMENDATION, Approval PLANNING SERVICES STAFF RECOMMENDATION, That the Board of County "Medi terra Parcel 109" stipulations: Commissioners approve the Final Plat of for recording with the following 1. Approve the amount of $263,814.35 as performance security for the required improvements. AGENDA ntM tto. /bf/) I' OCT 2 4 2000 PII. ;;.- Executive Summary Mediterra Parcel 109 Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: jpl-!.J. 0,..\d~\). \,. \\ 1\ John R. Houldsworth, Senior Engineer Engineering Review lO -4 (>.') Date REVIEWED BY: ~'UlW~ ~~ 1LJ~ Thomas E. Kuck, P.E. Engineering Review Manager /o-4'-~ Date R~ere, AICP Planning Services Department Director /v- V"'-""~ Date APPROVE~ ,BY: / . ~1i?7(;l< ~-0\ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services /~~6"-o--a Date jrh 4GENOA ITEM No. Ibr'J/(' OCT 2 4 2000 Pi. 0 ST ~ ~ . . D oc _ES ).E.) \NCE. :- PROJECT LOCATION LEE CO. COLUER CO. . j5 . ~ It') r-- .~ < l- tIl a:: z B VICINITY MAP SCALE: 1" = 1 MILE AGfN)A ITEM No. It; (A)I(, OCT 2 4 2000 Pl. 4 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL lOl-A", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Mediterra Parcel 101-A", a subdivision of lands located in Section 12 Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Parcel 101-A". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Naples Gateway Phase Two" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $100,662.76 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $21,929.46 - $78,733.30 The Security amount, equal to 110% of the project cost, is $ 110,729.04 AGENDA ITEM No. /~(I?J /1 OCT 2 4 2000 Pi. I Executive Summary Mediterra Parcel 101-A Page 3 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $2,241.80 Fees are based on a construction estimate of $498,406.00 and were paid in August, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 449.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 109.65 Drainage, Paving, Grading (.42% const. est.)- $ 330.68 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 328.94 Drainage, Paving, Grading (1.3% const. est.) - $1023.53 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISRORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra Parcel 101-A" for recording with the following stipulations: 1. Approve the amount of $110,729.04 as performance security for the required improvements. AGENDA ITEM No. /h(r1l/7 OCT 2 4 2000 Pl. ,?.. Executive Summary Mediterra Parcel lOl-A Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED . \\..'\ ....., ~'. John R. Houldsworth, Engineering Review BY: ! \\ A ~>_~. ( '" Senior Engineer i C .,,1 Date (- ,-c - , ' \_- REVIEWED BY: /1~ ~~ 1U Thomas E. Kuck, P.E. Engineering Review Manager /()/I/t%J Date /l/}/~ Ro~ert Mulhere, AICP Planning Services Department Director APP~~BY: /... \.. -14;;;;/ ir. ~~ ..... U ' Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services / ~J;I~ Date 16~ (-(;0 Date jrh AGENDA rtEM Ho./I(f> /7 OCT 2 4 2000 PI. ,7{ ~- , COLl_IER rOl,JNTY - --- ~ FI.(JRI[l/\. -: lr[;nJrI'r~!J<-c~~-;-~-~~iTt --=-~--'[- Ij~. , ~ J$ 1:. !=-,-j, : ~ l__ '-:J 'f I~! , -" \t -It 1111 r" '\ l ~... =- l_r,-- _ _ __ ~' ~~"")1 \r- ,- r '::1', Ie -, 1 ~ 'i' - ~1' -2f~.~_B.ct P;Jlf' ":,' feb, <, 1"1'1 i IJ' iJ ~ \-;>;-, --, ' 'l,~:J-mJ' ""tile -'" '''--0 L - c;::.. ~ =y~" ,Y.i1j-, d nl-~=-~V .'-{ 11'1 - l.___;_~~-,{::-:; ~,'-'-~\J ---j I!: I >--r '; /I , ~-_-t= 1 -,',.1__- ,~-!J,;..y-_:___;,~- _J_, }J_",. '_ I --r':>l>! '-:' ~_.,~ -' ~F1 ~ ~, ;'F~=---,f~-= " 1'-' -"I I "'''''1 '" -: c i~.;_____i__ ., J l _', _'_ _ _._ ,L 1_ /:;-T -, f,: ~.l.~ "~'.,.. .. . .',c.. . PI'ICl..eCT . - -,- '" SITE Ii , I J'.i of . '-ill ---r----- - I j i I ~ t_.K"-r / ~ri .' U., ~_._~. VICINITY MAP ~-'=.=--if::":':"::".-'''''''''''' " I j!~ ': I::' - ,.'(,11 II .' ,. i-~ ~ _J; .... , "'r__ y4~ ' 'If :' \';" ~ I'''-~~''''..,--~ -' \ ; .....-----.-.--- ~ \ "'- "-., 1-., <I ,0 AGENDA ITEM No. /6(.4) 17 OCT 2 4 2000 Pl .t/ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 110", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Mediterra Parcel 110", a subdivision of lands located in Section 14 Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Parcel 110". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Naples Gateway Phase Two" be approved for-recording. FISCAL IMPACT: The fiscal impact to the County is The project cost is $1,290,999.15 be borne by the developer. as follows. (estimated) to The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 396,521.50 - $894,477.65 The Security amount, equal to 110% of the project cost,is $ 1,420,099.06 AGENDA ITEM No./i~} If? OCT 2 4 2000 Pl. / Executive Summary Mediterra Parcel 110 Page 3 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $23,925.33 Fees are based on a construction estimate of $498,406.00 and were paid in August, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4.jac)-$ 634.88 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 1982.61 Drainage, Paving, Grading (.42% const. est.)-$ 3756.81 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 5947.82 Drainage, Paving, Grading (1.3% const. est.) - $11628.21 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and approval has been reviewed and Office for the project. Release relating to conditional approved by the County Attorney's ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISRORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County "Medi terra Parcel 110" stipulations: Commissioners approve the Final Plat of for recording with the following 1. Approve the amount of $1,420,099.06 as performance security for the required improvements. AGENDA IlEM No. /6(i~J ~ OCT 2 4 2000 Pl. ~ Executive Summary Mediterra Parcel 110 Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: '- \. ,l , . \ l \. \. l ~-. ,~\, John R. Houldsworth, Senior Engineer Engineering Review I (' . /, ( r Date REVIEWED BY: /~1nM fJ ~ Thomas E. Kuck, P.E. Engineering Review Manager t:!et/./?O /1/7 7Z 4 J4--.--~ Ro~ett Mulhere, AICP Planning Services Department Director .4 /0~ Date / APPROVE;p BY: .../0r7/ / /~)) ~/7V cJ. ~~. Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services /" t? (i -" J Date j rh AGENDA ITEM No./6(f})tf OCT 2 4 2000 PI. '-; , ~ ( , AND PRO ECT LOCA TION LEE CO. COLLIER CO. i!' .lS z VICINITY MAP SCALE: 1" = 1 MILE n____:_.:......... III r-- w .1- <l: I- Ul 0:: I- Z B AGENDA ITEM No. /6 (;{J It OCT 2 4 2000 Pl. ~ EXECUTIVE SUMMARY REQUEST FROM THE CIVIL AIR PATROL FOR PAYMENT OF BUILDING PERMIT FEES AND IMPACT FEES FROM THE GENERAL FUND FOR A T- HANGAR TO BE BUILT AT THE MARCO ISLAND EXECUTIVE AIRPORT OBJECTIVE: To financially assist a public service organization in its mission to provide education and safety to air travelers. CONSIDERATION: The Civil Air Patrol (CAP) raised funds to construct a hangar to store equipment that will aid the County during aircraft emergencies when their volunteer services are needed. CAP will operate the facility on County property through a lease agreement in which the hangar will eventually revert to the ownership of the County. The CAP petitioned the Board on September 12, 2000 (Item 7.B.) to waive or fund building permit and impact fees relative to the construction of the hangar. In response, the Board directed staff to review the CAP's request. According to Board policy, there are no provisions 1\) waive building permit fees, or fire and correctional facility impact fees. Therefore either I) the Civil Air Patrol would have to raise the money or 2) the County could appropriate funds from General Fund Reserves. The Board has previously funded projects similar to this one. The Marco Island Coast Guard Auxiliary was granted General Fund park improvement funding (306) from the Board for the construction of a new facility at Caxambas Park approximately two years ago. Additionally, the Board has paid a share of permit an impact feesl utilizing general revenues for T -Hangars at the Marco Island Airport over the past year. While those hangars will generate revenue to reimburse the General Fund, the Civil Air Patrol is providing a public benefit. FISCAL IMP ACT: Building permit and impact fees are collected by the Building and Permitting Department. Building permit fees are deposited into the Community Development Fund (113). Fire impact fees are passed through to the applicable independent fire district. Correctional facilities impact fees are deposited into the Correctional Facilities Impact Fee Trust Account (381). The following is the estimated cost offees for the 6,000 sq. ft. hangar: Permits Fee Fire Impact Fees Correctional Facility Impact Fee TOTAL $ 1,200 $ 1,800 $ 4,100 $ 7,100 Funds are available in General Fund (001) Reserves. ,,""'''' 1 The remaining portion was paid by grant funds 9 OCT 2 4 2000 Pg. / Civil Air Patrol T-Hangar at Marco Island Executive Airport - Page 2 GROWTH MANAGEMENT IMPACT: This facility is not identified in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize the necessary budget amendment transferring funds from General Fund Reserves into the appropriate accounts to pay for the aforementioned hangar's building permit and fire / correctional facility impact fees. "..,~ N~GE'mrlf)/ 1 OCT 2 4 2000 Pg. ~... Civil Air Patrol T-Hangar at Marco Island Executive Airport ~ Page 3 SUBMITTED BY: Date: {&/cr /0 () all, Impact Fee Coordinator REVIEWED BY: \ r ' \. ~ ~/- II / /________J__/ ----' Judy Miller, ~even7 .Manag,r ~'I . "'-_/ c.:- REVIEWED BY~ _ / /' Ed Perla" DIrector Building and Permitting Department Date: /1 -(;'--':!-'j " Date: /, - . , APPROVED BY: Date: .' [ ,,~! ",' ohn Dunnuck, Interim Administrator Community Development & Environmental Services Division I ~Ji9 OCT 2 4 2000 pt. \ ? EXECUTIVE SUMMARY ERNIE BRENTZMAN REPRESENTING THE UNITED WAY OF COLLIER COUNTY, INC., REQUESTING A TEMPORARY USE PERMIT EXTENSION FROM THE 28 CALENDAR DAYS, AS ALLOWED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), TO ALLOW THE UNITED WAY THERMOMETER SIGNS TO REMAIN IN PLACE FOR AN ADDITIONAL 57 DAYS UNTIL JANUARY 15, 2001. OBJECTIVE: To obtain the Board of County Commissioners approval to extend a Temporary Use Permit for the United way fund raising signs installed in various location throughout the County beyond the 28 days allowed by the LDC. CONSIDERATIONS: Collier County Land Development Code allows for administrative approval for Special Events Temporary Use Permits for up to 28 days (four weeks). Any extension beyond that will require the Board of County Commissioners approval. Section2.5.33. of the LDC allows the BCC extend a Temporary Use Permit for up to four additional weeks; however, this limitation may be waived by the BCC. The United Way of Collier County, Inc. for many years, has held fund raising activities during the last three months of each year and into the new-year. They traditionally have installed "thermometer fund raising signs" in various locations for the period of the fund raising activities. FISCAL IMPACT: The granting of this request will have no fiscal impact on the County. The LDC exempts non-profit and charitable organizations from the Temporary Use Permits fees. GROWTH MANAGEMENT IMPACT: A policy decision made by the Board with respect to a Temporary Use Permit extension will have no impact on the Collier County Growth Management Plan. RECOMMENDATION: ,O'T_ Staff recommends that the Board of County Commissioners approve the requested Temporary Use extension until January 15, 2000 for the United Way of Collier County, Inc. N~GEW~lr)l. \~O OCT 2 4 2000 Pg. / PREPARED BY: v~~ ~~-lci--L______ CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER JiJ / r 7 r z,.,,pp DATE REVIEWED BY: ~. (tu~ RONALD F. NINO, AICP CURRENT PLANNING MANAGER (v I,'":f{ov DATE '1v~ RbBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR J1i~71/0t.J DA E . APPROVED BY: L. ~ l ID Iniac) J N M. DUNNUCK, III, INTERIM DATE C MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 2 AGENBi1..i~ :::.r-", NO.~-- OCT 2 4 2000 Pg. Oi COLLIER COUNTY TEMPORARY USE PERMIT SPECIAL EVENT r TU- t~r0530 o 'Temporary Sales o 'Temporary Sports, Religious, or Community Event 4l} , Sign Only o Temporary Seasonal Sales: OChristmas Trees; 0 Fireworks; 0 Pumpkins Type of Event: 'Ii ......J.!) [,H.d {c.-y':',r.. f1, p,n........." '-~./~r ..r; r~.{" " Shopping Center: Business Name: (1,,- ~{j LJ Q~ L>>: ~ r La '-L ~S Event Address: '-.c:: E b r7--tl.-1chl;A Property 10 # : Event Dates: This permit is effective from /0 I~l c':> to /, ILl 00 . ('Not to exceed 14 consecutive days) Property Owner: Name: Address: Phone: Applicant: Name: E r.....(: -e. 7lrJ-z.. ""--.. --t. .....---. Address: k..... (h.D (. l 'if R'0'"2. I (i- Ave ~ I'f 2.- {u ;J~{oR.., Pi- :;t.-r~o L Phone: C.I- 711 L- N~GEN'1'/,irA)dO I OCT 2 4 2000 THIS PERMIT SHALL BE DISPLAYED ON SITE, Pg. -3 Attach two (2) copies of a site plan which depicts: . property boundaries . external roads . access points . parking (improved & unimproved to be used by vehicles during event) . buildings . proposed sign locations SITE INFORMATION Zoning: Present Use: o undeveloped E:rCleveloped; type of business Parking: o undeveloped; site plan indicates designated parking areas o developed; site plan indicates a maximum of 10% of the parking area occupied by the special event ;" .' Banner or Sign: Collier County Land Development Code Section 2.6.33.6.2 allows one temporary sign or banner in conjunction with a temporary use permit (2 signs are allowed for properties with more than 1 street frontage). MAXIMUM SIZE = 32 square feet. WIND SIGNS (includino balloons. streamers, rotatino devices and unofficial flaos) ARE PROHIBITED. Traffic Safety: Authorization from the Collier County Sheriffs office may be required for certain events. o uryjeveloped: proposed access points are shown on the site plan B1leveloped; access points existing Health: If food is being prepared and/or sold on the site, or if sanitary facilities and/or sewage disposal is involved, you must contact the Collier County Health Department at 403- 2499 to determine if an inspection is required. Noise: ~USiC or noise proposed o music/noise is anticipated from - Alcoholic Bevera~: g'alcoholic beverages will not be sold or consumed o a copy of the Florida Beverage Commission permit is attache N~~EN~;m) .2:> OCT 2 4 2000 2 Pg. Restrooms: o existing facilities will be available o portable facilities are shown on the site plan Security Guard: o ~curity will be provided .0' security will not be provided Other Requirements: By acceptance of this permit, the applicant agrees to defend, hold harmless and indemnify Collier County and its agents from any and aI/liability which may arise as a result of the issuance of this permit and agrees to conform with applicable provisions of the Collier County Land Development Code. I, , property owner or property manager of the subject property, permit to use the property as described herein during the time period indicated. I understand that Collier County Land Development Code Section 2.6.33.6.2 permits a total of 28 days per calendar year.(up to 14 consecutive days) for special events on this property. ~ eJZ_ ~ 10 - /1-00 Property Owner/Manager Date Planner (0- /(~ a::r Approval: This permit does not constitute approvals which may also be necessary under other local, state and federal regulations, including, but not limited to right-of-way permit, building permit, FAA, FCC, fire district, & DEP. This TU permit is issued pursuant to information provided by the applicant. (Note: Any mechanical rides are subject to approval from Board of County Commissioners) TU permit fee: $75 Checks payable to: Board of County Commissioners COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 N~Ge~ (JI).::;. OCT 2 4 2000 3 Pg. .s APPROVED UNITED WAY SIGN/THERMOMETER LOCATIONS: Four Corners (9th St & 5th Ave) city BANK OF ~~RICA, 4501 9th St N city North Collier Hospital, Immokalee Rd & Goodlette county FIFTH THIRD BANK, 4099 9th St N city SUNTRUST BANK, 801 Laurel Oak Drive ~ c..~"d\T; COLLIER COUNTY GOVERNrffiNT CENTER, airport Rd & E Tamiami Trail FNB CORP, Goodlette Rd & Golden Gate Parkway city ~~\L~ j' : Ii''' VI'! N~GENft, '(".4);.0 OCT 2 4 2000 I I ; I Pg. 0 "-'- . , .- EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT AS TO PARCEL 108 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOSE L. REY, ET AL., CASE NO. 99-3683-CA (GOLDEN GATE BOULEVARD) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel 108 as full and final compensation to be paid for the acquisition of the easement designated as Parcel No. 108 for the Golden Gate Boulevard road widening project in the lawsuit entitled Collier County v. Jose L. Rey, et aI., Case No. 99-3683-CA. CONSIDERATIONS: On January 7, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of this easement for drainage, utility and maintenance purposes necessitated by the planned roadway and drainage improvements to Golden Gate Boulevard (Project No. 63041). On January 20, 2000, Collier County deposited with the Registry of the Court the sum of $1,200.00 for Parcel No. 108 in accordance with the Order of Taking, at which time title to Parcell 08 vested in Collier County. ,.-. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Elaine and Garnet Graves, will be fully and fairly compensated for the property interests taken for the public purposes described above and more fully enumerated in the resolution of condemnation (Resolution No. 99-220). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "I "). The Stipulated Final Judgment provides for $1,600.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcel No. I 08. This amount includes the good faith deposit of $1,200 made on January 20, 2000. In addition, the Stipulated Final Judgment provides that the Respondents will be permitted to use the crown of 1st Avenue SW, which abuts , . the property, for purposes of determining the finished floor elevation of any structure to be constructed on the property. To comply with the terms of the Stipulated Final Judgment, $400.00 must be deposited into the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: \f No~1&N?: 'rM OCT J.4\200~ Pg. L -=-- Cost: $400.00, to be obligated in the budget for FY 00/01. Fund: (313) Road Construction Gas Tax Cost: Center: (163673) Surplus Gas Tax Road Construction Project Number: 63041 (Golden Gate Boulevard) -- GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. 1 . . , RECOMMENDATION: That the Board of County Commissioners: I. Approve the terms of the Stipulated Final Judgment; 2. Approve the expenditure of the funds as stated; and 3. Direct staffto deposit an additional $400.00 into the Registry of the Court. SUBMmEDBY:~ J A~ Heidi F. Ashton Assistant County Attorney Date: 101'1[00 ~~ Date: Ii) /s lei il . REVIEWED BY: A.N. Korti, Project Manager Transportation Engineering & Construction Management REVIEWED BY: No Tr n E. Feder, Administrator portation Division Date: /O//L./Oc , / APPROVED BY: David C. Weigel County Attorney Date: 2 . A~N~1fEM No.~ OCT ~ 2000 Pg.~ .. IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCillT, IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, -j CASE NO. 99-3683-CA Petitioner, vs. CIVIL ACTION JOSE L. REY, ET AL. PARCEL: 108 Respondents. / STIPULATED FINAL JUDGMENT AS TO PARCEL 108 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, ELAINE D. GRA YES and GARNET GRA YES, for entry of a Stipulated Final Judgment as to Parcel No. 108, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, ELAINE D. GRA YES and GARNET GRA YES, and the Court being otheIWise fully advised in the premises thereof, it is . thereupon ORDERED AND ADJUDGED that Respondents, ELAINE D. GRA YES and GARNET GRA YES, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Six Hundred and No/100 Dollars ($1,600.00) for Parcel108 as full compensation for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel, inclusive of the good faith estimate previously deposited by the Petitioner; it is further AGEND/1tr":) No. I/~ 1 2 1- 2000 Pg. -3 Al ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Four Hundred and No/100 Dollars ($400.00), subject to the approval of the Board of I County Commissioners, into the registry of this Court within 30 days of the date of this Stipulated Final Judgment; it is further ORDERED that upon development of the Respondent's remainder property, Respondent shall be permitted to use the crown of the abutting street, 1" Avenue SW (as opposed to Golden Gate Boulevard), as a basis for determining the finished floor elevation of any structure to be constructed on the property; it is further ORDERED that the Clerk of this Court shall issue a check forthwith in the total amount of Four Hudred and Noll 00 DoOars ($400.00) made payable to Earle & Patchen Trust Account, clo BrianP. Patchen, Esq., at EARLE & PATCHEN, 1O00 Brickell Avenue, Suite l1I2, Miami, Florida, 33131; and it is further ORDERED that title to Parcel No. 108, a drainage, utility and maintenance easement, being fully desaibed in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated January, 7, 2000, and the deposit of money heretofore made, is approved, ratified; it is further ORDERED that the construction plan sheet depicting Parcell 08, attached hereto as Exhibit .B, is incorporated herein and made a part hereof, and that the project as it relates to Parcell 08 will be constructed as shown thereon; it is further ORDERED that the Court hereby reserves jurisdiction to tax a reasonable attorney's fee and costs of the proceedings, pursuant to Chapter 73, Florida Statutes; it is further' AGENDA ITEM No.itr6t- r" 2. 2000 Pg. '1 2 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2610, Page 867 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 108; it is therefore DONE AND ORDERED in Naples, Florida, this _ day of ,2000. Judge Brousseau Circuit Court Judge Conformed copies to: Heidi F. Ashton, Assistant County Attorney Brian P. Patchen, Esq. Vincent Murphy, Esq. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Final Judgments to Parcell 08: 3 Dated: I (J J;;) 10() JJ AcL J AY1/L-- illI F. ASHTON, ESQUIRE Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8"' Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitio r AGENDA ITEM No. iv I) j- C C. 2 :, 2000 .x. Florida Bar No. 157545 1000 Brickell Avenue, Suite 1112 Miami, Florida 33131 (561) 372-1112 - Telephone (561) 372-3691 - Facsimile Attorney for Respondents, GRA YES Pg. :s- ,+ rSlJ .I! .....f ~6jECT NO. 63041 mJECT PARCEL NO. 108 ) he till. 3f.p"} lo I/o '-/ oOC) 3 . .'" mllG rr "ii'. LEGAL DESCRIPTION & SKETCH , (NOT A SURVEY) The South 15 teet of the North 65 feet of the East 180 feet of Tract 32, Golden Gate Estates Unit No.4, as recorded In Plat,80ok 4, Page 79 of the Public Records of Collier County, Florida. ., / . // H PROPERTY lINE I:i fOOT OlWHAGE, UTILITY ANO MAINTENANCE EASEMENT /-WeST PROPERTY lINE 1 EAST PROPERT! LINE AGENDA I EM No. ' . EXHIBIT I " Atl c .~.. 2 ,{ COG 110 fEET P.g. '&OUTH PROPERTY UHf "--- -- , . / / !;!l"~~D ~1''7 /.I / I i ial IE'll I. ! I a: !:IG !ill a.1 lib Ii .. ~ i I ;~; ;.~ i!!:i!;; .5 . . Ii I 1Il\:) 1 ..... I. : 'Or ~T a Iii i 1J'Z i!?, I G - . ,... , I ~ i . . Ii i T -r ~ 1941774B225 ClJI..MY ATTOR/'EY 1ft- -! ; !"~ i '''I'i i S :;: ~ c -~ l"'& ,- I ~! T I iT ~ ! '! I.. IJ, . " ~lr"1 ~ Ii ft= ! ~ I T -3J I !,' : ':1 I I '1 \ , T I ~r ! I~ ! I : 11I1 I I I , I ! , I ~ 'I I T I I I I I! '# i'\ ! ~ ! I I T Ii I, '! I II II ! II II III IT ~." ! I II" - i i li13Til'I II ..m.w:. :;~ I !! "I I II .. I' T " I I II I, I III '1I-IIlf-'! .' Iii t:J:1: I.' I-J~ I IJl f . . ~ I w': '11" ~I'- I , 1i1i" I .10 10 I: II T 1 ~l I I &-~ ! ,:~ I i.8-- I: ~I jl I J , <i>'-- ' ;I' I : I I " ' "1 r'i (j)--I;t II p: I I I -, I I I , , , ., " .. .. -~ ...... ~ "-;:;:i u--..J .. .. "-~!i'" I ~ d: , '$- -I I !(q- ~ ~ : I : I I I I~. I J '. ,. I I' : ~.~ I r' I I , I I .,--<1) I I ~ I I I I t I I I.. ,p-, . Ii' I f I i ~ I I I i II II 01 ~ ~!: I I r , , I , I .~ .,. 1'1, I - I i'I~ 269 Pll6 SEP 25 '00 15: 23 ., .........""......---..:..- .. I I ""_... 1 -..... :-.,""r..r ............"'.. I J '-,'... Ii, ' . ---1) 11.1 IS I I ,I ,I "I -" I :- ';1 . :1 -<i) I. . E , I . . . ~~ : . I r-- I ~ . EXHIBIT \1./3 If m. . ....., ,.r- AGEND ITEM NO.-ttrtJI C ~ - 2 :i 2000 Pg. 7 ~ ,} " '"I' EXECUTIvE SUMMARY APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH AGNOLI, BARBER & BRUNDAGE, INC. FOR THE DESIGN OF LIVINGSTON ROAD (G.G. PARKWAY TO COMMUNITY SCHOOL ENTRANCE), PROJECT #60071 AND LIVINGSTON ROAD (COMMUNITY SCHOOL ENTRANCE TO IMMOKALEE ROAD), PROJECT 62071. OBJECTIVE: That the Board of County Commissioners approve Amendment No.2 to the subject Agreement to provide for additional engineering, surveying, and environmental services in the amount of $440,950 to complete the required roadway design. CONSIDERATIONS: On June 8, 1999 the Board approved the Professional Services Agreement with Agnoli, Barber & Brundage, Inc. for the design of Livingston Road. The Agreement was for the complete design of Livingston Road from Golden Gate Parkway to Vanderbilt Beach Road. This segment of roadway was to be designed, as a 4-lane urban arterial with the ability to construct two additional lanes within the median when traffic demands requires the expansion. Contract Amendment No,l was issued on March 31, 2000 and extended the design services to Immokalee Road. /"", Amendment No.2 will authorize the consultant to provide certain additional services to the current scope of services consisting of right-of-way legal descriptions and sketches. modifications to right-of-way maps, land surveys, boring stake-outs, coordination of geotechnical services, drainage analysis, environmental resource permitting services, revised typical sections, additional stormwater out falls, deletion of gravity retaining walls, addition of raised medians, and re-design to a 6-lane highway. Staff has negotiated the proposed scope and compensation provided in the attached Amendment No.2 to the Professional Services Agreement. n::-~,FISCAL IMPACT: Funds in the amount of $440,950 are budgeted in the Road \" Construction Gas Tax Fund and District I Impact Fee Fund. Source of funds are Gas . Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Construction of Livingston Road is consistent with the Transportation Element of the Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners approve amendment No.2 to our current professional services agreement with Agnoli, Barber & Brundage, Inc. NOA~~~ OCT J4 2000 / Pg. /""' SUBMITTED BY: ~\ ,(~-{~~ ,c..,.Q-~-.J Mitch Riley, P.E., Interim Director TE & CM D APPROVED BY: No Feder, Transportation Administrator I I \t.J? Juv DATE: ~ DATE: /tJ-/)--rn,. N:'~?;~~/ OCT ~12000 , Pg, ,~ LIVINGSTON ROAD (GOLDEN GATE PARKWAY TO IMMOKALEE ROAD) AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 2 to the Agreement dated June 8, 1999 (hereinafter referred to as the "Agreement") is made and entered into this day of , 2000, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Agnoli, Barber & Brundage, Inc., authorized to do business in the State of Florida, whose business address is 7400 Tamiami Trail North, Suite 200, Naples, Florida 34108 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Design of Livingston Road (G.G. Parkway to Commnnity School Entrance), Project #60071 and Livingston Road (Community School Entrance to Immokalee Road), Project #62071 (hereinafter referred to as the "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications (consisting of rights-of-way legal descriptions and sketches, modifications to right-of-way maps, land surveys, boring stake-outs, coordination of additional geotechnical services, drainage analysis, environmental resource permitting services, revised typical sections, additional stormwater outfalls, and revising the roadway design to 6-lanes) to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: N~G~~2Agt~ ) i:1 C"~I";" Lul,;u Pg. 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Design of Livingston Road the day and year first written above. ATTEST: (As to Chairman) By: Dwight E. Brock, Clerk Approved as to form and legal sufficiency: Aft- ~&~ - Assistant County Attorney ; 1 .-I J' I i... /LL~L/.L ~~r .' U&;rr'--' Witness \,)Al\.iDA 'F. sr~Ts.D~ ~ ", , /' I ,~} , ~. "' :IZ t" -yf, T[f.LLu 'fitfess -JuNE. /\. 1V1I&-LE~ '-./ ,-- BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Agnoli, Barber & Brundage, Inc. By: iel W. Brundage, f' I ; (CORPORATE'SEAL) N~GEt~Ag~~) ."' -. J lo- ~ v" Pg. ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional Engineering, Surveying, and Environmental services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services III addition to those as outlined in said AGREEMENT as noted in Exhibit A of this Amendment; as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Exhibit B, entitled "Exhibit B - Fees" for Basic Services and Consultant's Estimate of Additional Services, as outlined in said AGREEMENT with the modifications to Exhibit A to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said PROJECT will be revised to reflect a completion date of January 9, 2001 for segment one (Phase 2) 100% plans and May 1, 2001 for segment two (Phase 3) 100% plans. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. AGENH~ 11Ef'11. No. / "C) ...oJ' Pg. r- EXHIBIT A - SCOPE OF SERVICES PROJECT:Livingston Road (G.G. Parkway to Community School Entrance), Proiect #60071 and Livingston Road (Communitv School Entrance to Immokalee Road), Proiect 62071 Seotember 26. 2000 PARAGRAPH SERVICE A.2.1. Engineering and Land Surveys 6. ~ In accordance with paragraph A.2.1, CONSULTANT will provide additional engineering and land surveys as follows. SEGMENT ONE: Golden Gate Parkway to Community School Entrance. 1. The CONSULTANT shall establish a survey baseline from the west line of Section 19, Township 49 South, Range 26 East to the east right-of-way line ofI-75. 2. The CONSULTANT shall establish a benchmark system on the survey baseline or on offsets from the survey baseline. All benchmarks shall be set at intervals not exceeding 1,000 feet. 3. The CONSULTANT shall obtain topographic cross-sections of a new proposed retention lake (located in the southwest corner of the proposed Livingston Village P ,U.D.) at 300' stations beginning 20' south of the south property line of proposed Livingston Village P,U.D. and 500' to 300' north of said south property line, through proposed retention lake area. 4. The CONSULTANT shall obtain topographic cross-sections of proposed outfall swale at 100' stations, beginning 20' south of the south property line of the proposed Livingston Village P.D.D. and 100' north of said south property line. 5. The CONSULTANT shall provide field stake-out for boring locations. The CONSULTANT shall field traverse around the flagged jurisdictional line and field locate the ribbons marking this area. The CONSULTANT shall prepare a map of jurisdictional line with areas calculated for permit purposes. AGENDA ~) No. I &, ~ , J Pg. b A.2.2. Geotechnical Services SEGMENT ONE: Golden Gate Parkway to Community School Entrance The CONSULTANT shall coordinate the provision of additional geotechnical information within the proposed retention lake in Livingston Village and along the south property line of proposed Livingston Village needed for design of new retention and outfall facilities. A.2.3. Roadway and Utility Plans. The CONSULTANT shall provide additional design services for roadway and utility plans as follows: SEGMENT ONE (Phase 2): Golden Gate Parkway to Community School Entrance 1. The CONSULTANT shall provide additional drainage studies and design as follows: a. Incorporate approximately 1,500 additional linear feet of roadway (and associated drainage area) north of Pine Ridge Road into the Segment One drainage system. b. Analyze multiple drainage design scenarios to determine impact of reconfiguring offsite drainage areas within the WhipporwiU corridor. c. Develop revised drainage calculations and ERP application and reports for the alternative storage area and outfall to be located along the southerly boundary of the proposed Livingston Village P.U.D. d. Revise roadway storm drainage system calculations for multiple outfall and retention lake location scenarios. e. Attend meetings with regulatory agencies and property owners to establish alternative outfall scenarios. f. Revise the roadway plans by deleting the gravity retaining wall located along the westerly right-of-way line from Sta ' to Station 247+25. ENDA Illf1',\ No. 11.0 ~'/ '} Pg. 7 g. Revise the roadway plans by indicating all non-paved medians are to be raised and curbed for landscape purposes. h. Revise the plans to a six (6) lane section. SEGMENT TWO (phase 3): Community School Entrance to Immokalee Road 2. The CONSULTANT shall provide additional services as follows: a. Revise 30% cross section and plans accordingly, pursuant to OWNERS request. b. Prepare detailed analysis of the Vanderbilt Beach Drive intersection. The design of this intersection will be established for ultimate build out. This work is required so that the intersection is designed and permitted one time to accommodate the future widening of both roads. c. Revise Design Study. The CONSULTANT shall negotiate adjoining property owner drainage reconfiguration and accommodations. This shall include meetings with the County, consultants, and adjoining property owner representatives to negotiate drainage configuration, takings and design parameters, d. Revise the plans to a six (6) lane section. A.2.5. Right-of-Way Maps The CONSULTANT shall provide additional right-of-way map servIces as follows: SEGMENT ONE (Phase 2): Golden Gate Parkway to Community School Entrance I. The CONSULTANT shall prepare sketch and descriptions of the proposed outfall swale at its revised location within the proposed Livingston Village P.U.D. The CONSULTANT will provide two (2) signed and sealed copies for OWNER'S use. 2. Provide supplemental deeds, descriptions, plats, parceVownership data for properties lying along the alignment. and other No ~~ Pg. g 3. Revise right-of-way maps, legal descriptions and sketches as required based upon supplemental information obtained in A.2.5.2 above. 4. Attend meetings and prepare documents for preparation and attendance at depositions and trials associated with right-of-way acquisitions. SEGMENT TWO (phase 3): Community School Entrance to Immokalee Road I. Attend meetings and prepare documents for preparation and attendance at depositions and trials associated with right-of.way acquisitions. A.2.9. Permits The CONSULTA.~T shall provide additional services with regards to permits as follows: SEGMENT ONE (Phase 2): Golden Gate Parkway to Community School Entrance I. The CONSULT ANT will provide environmental field assessment and permit application modifications to accommodate a 17.8 acre off site wetland area for use as water management facilities and Phase 2 drainage system. This will include additional outfall swale locations and permit negotiations with the agencies. 2. The CONSULTANT will provide environmental field assessment and studies to document a wildlife survey along the corridor as required by the South Florida Water Management District (SFWMD) environmental resource permit (ERP) process. 3. The CONSULTANT will develop the documents and prepare and process an application for the National Pollution Discharge Elimination System (NPDES) permit. SEGMENT TWO (Phase 3): Community School Entrance to Pine Ridge Road I. The CONSULTANT will provide environmental field assessment and studies to document a wildlife survey along the corridor as required by the South Florida Water Management District (SFWMD) environmental resource permit (ERP) process. AGENDA I&Er l) No. t G 9. Pg. q 2. The CONSULTANT will develop the documents and prepare and process an application for the National Pollution Discharge Elimination System (NPDES) permit. 4. The CONSULTANT will perform a jurisdictional determination of wetlands within the project corridor for the segment from Vanderbilt Beach road to Immokalee Road. The jurisdictional wetlands within the corridor will be flagged and located by GPS survey. The flagged locations will be field reviewed with the jurisdictional agencies prior to the GPS survey. AGE1~~'\!1~ NO.~ P ID g. . EXHIBIT B FEES PROJECT: Livingston Road (G.G. Parkway to Community School Entance), Prole DATE: Livingston Road (Community School Entrance to Immokalee Road), Prolect #62071 Paragraph Service SEGMENT ONE (Phase 2) Golden Gate Parkway to Community School Entrance A.2.1 Engineering and Land Surveys A.2.2 Geotechnical Services A.2.3 Roadway and Utility Plans A.2.5 Right-of-Way Maps A.2.6 Signal Plans A.2.8 Street Lighting Plans A.2.9 Permits SEGMENT TWO (Phase 3) Community School Entrance to Immokaiee Road A.2.3 Roadway and Utility Plans A.2.5 Right-of-Way Maps A.2.6 Signal Plans A.2.8 Street Lighting Plans A.2.9 Permits Total Additional fees 5-May-00 Fee Fixed Fee or Type Estimated Amount Fixed $25,751.00 Fixed $1,048.00 Fixed $108,268.50 Fixed $23,188.00 Fixed $10,998.00 Fixed $2,806.00 Fixed $12,815.87 Fixed $208,997,00 Fixed $6,334.00 Fixed $21,377.00 Fixed $5,428.00 Fixed $13,938.13 $440,949.50 N~Gf~~J~) Pg. - .... o ~ ... m en .... i > .... m o ... m m M ~ 0: ... ~ is .... o .... > ... en > " ~~~;f ~ 0 ~~. o:rnCDiii O"1JC/J , 0 C ~ 3 ~ 0::;:-< o /; 3 0' " e o , " , 0. 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Pg.-L:f Uvingston Road: Phase 2 ( segment 1) Golden Gate Pkwy to Community School Entrance Phase 3 ( segment 2) Community School Entrance to Immokalee Road Prepared by: Agnail Barber & Brundage Inc. 8-Sep-00 MISCELLANEOUS AND OUT-OF-POCKET EXPENSES Aerial Photography: Roadway Rlght-ot-Way M Electronic Disks: Reproduction: Phase 1 (30%) Phase 1(60%) Phase 1(90%) Final Public Involvem Permit Plans Utility Coordinat Design Notes/Calcs Contract Docs Total Sheets Cost per Sheet 11x17 Trans Bon o o 170 o o o o 170 $0.20 o o 3 11x17 copy o o 850 o o 850 o 1700 $0.17 SUBTOTAL $34.00 $289.00 Shipping/Phone Film/Photo = = sheets x sheets x CDsx 24x36 Mylar o o 170 o o o o 170 $15.00 $0.00 = $0.00 = $5.00 = 24x36 Blueline o o 850 o o o o 850 $1.50 $2.550.00 $1,275.00 2 o months rolls $0.00 $0,00 $15.00 copies o o o o o o o 250 o 250 $0,05 $12.50 AERiALS TOTA $0,00 AERiALS TOT A $15.00 REPRODUCTI $4,160,50 x x $25.00 /month = $10.00 /roll = $50.00 $0.00 TOTAL EXPEN $4,210.50 N~~ '"t'e: ~'r~) P Ie g. -- ~ --- ,.-- EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF ONE (I) COMMERCIAL ASPHALT PAVER, IN ACCORDANCE WITH BID # 00-3151. OBJECTIVE: To provide expanded service to Collier County residents by maintaining sidewalks, bike paths, and roadways internally rather than outsourcing. CONSIDERATIONS: Invitations to bid were sent out on August 6th, 2000 and opened by the County Purchasing Department, on September 27th, 2000. Please note; the recommended vendor. is not the lowest bidder, however the lowest bidder did not meet specifications. Summary of bid tabulations is as follows: Vendor Name: Ringhaver Equipment Company. Linder Industrial Machinery Company L.B, Smith Inc. Total Price: $49,310.00 $58,810.00 $61,500.00 See attached bid specifications from two lowest bidders. Staff has reviewed the bids and recommends the bid submitted by Linder Industrial Machinery Company, as being the lowest bid proposal meeting, or exceeding specifications. )1\ FISCAL IMPACT: Funds in the amount of$58,810.00 are budgeted in Road and Bridge Fund 101 Capital. Funds for repair and maintenance of the equipment are estimated to be $40,000.00 and will be budgeted for in Road and Bridge Fund 101 Operating, over the life of the machine. GROWTH MANAGEMENT IMPACT: This purchase has no growth management impact. RECOMMENDATION: That the Board of County Commissioners award Bid #00-3151 to Linder Industrial machinery Company for the purchase of one (I) Commercial Asphalt Paver. j . DATE:/ch'..zl (J . . DATE!/"Ii, J".' , 'Transportation Operations Director DATE: 1(.. /01 ,CO APPROVED BY: No an E. Feder, AICP, Transportation Administrator DATE: ib-a-<A- NOA1c:N~ ~ OCT ~i 2000 Pg. I 01;1/ Bid Specifications. Bid # 00-3 I 5 I A.) Engine: B.) Height: C.)Weight: D.) Hopper: E.) Screed Lift: F.) Hydraulic Reservoir: G.) Steering: H.)Truck Assembly: I.) Service Center: ,_. Ringhaver Does not meet specifications Meets specifications Meets specifications Does not me~t specifications Does not meet specifications Does not meet specifications Does not meet specifications Does not meet specifications Does not meet specifications Linder: Meets specifications Meets specifications Meets specifications Meets specifications Meets specifications Meets specifications Meets specifications Meets specifications Meets specifications NoAtr~~ OCT il~ 2000 Pg. ,).-. cl ~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF ONE (I) 15 CY DUMP TRUCK, DIESEL IN ACCORDANCE WITH BID # 00-3149 OBJECTIVE: To purchase a new truck to haul asphalt material to projects requiring the asphalt paver which will provide expanded service to the citizens of Collier County. CONSIDERATIONS: Invitations to bid were sent out on August 31 st, 2000, and opened by the County Purchasing Department on September 20, 2000. Staff has reviewed the bids and recommends the bid submitted by Wallace International Trucks Inc., as being the lowest bid proposal meeting, or exceeding specifications. Summary of the bid tabulations is as follows: Vendor Name: Wallace International Trucks Inc. Heintzelman" s Truck Center Inc. Total Price: $63.550.00 $79,632.00 FISCAL IMP ACT: Funds in the amount of $63,550.00 are budgeted in Road and Bridge Fund ~1' 101 Capital. Funds for repair and maintenance of the equipment are estimated to be $32,000.00, and will bc budgeted for in Road and Bridge Fund 101 Operating, over the life of the machine. GROWTH MANAGEMENT IMPACT: This purchase has no growth management impact. RECOMMENDATION: That the Board of County Commissioners award Bid #00-3149. to Wallace International Trucks Inc" for the purchase of one (I) 15 CY Dump Truck. Diesel. / rid ~riitendent .:;'. / / DATE:/e//",,/c ( , REVIEWED BY: , DATE/,~'I"' J. DATE: /( 1.)-(( DATE: /0-1 ).-.,... Feder, AICP, Transportation Administrator A No. OCT a~. ~v"J IIo r 1- Pg. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF ONE (I) TANDEM AXLE TRUCK-TRACTOR, IN ACCORDANCE WITH BID # 00-3147. OBJECTIVE: To haul an asphalt paver in order to provide expanded service through maintenance of sidewalks, bike paths and roadways in Collier County. CONSIDERATIONS: Invitations to bid were sent out on August 31 st, 2000 and opened by the County Purchasing Department, on September 20th, 2000. Staff has reviewed the bids and recommends the bid submitted by Wallace International Trucks Inc., as being the lowest bid proposal meeting, or exceeding specifications. Summary of bid tabulations is as follows: Vendor Name: Wallace Imernational Trucks Inc. Atlanlic Truck Center Heintzelman's Truck Center Inc. Steele Truck Center Inc. Total Price: $66.920.00 $68.913.00 $69.761.00 $75,561.00 FISCAL IMPACT: Funds in the amount of $66,920.00 are budgeted in Road and Bridge Fund ,,,,' ] 0 1 Capital. Funds for repair and maintenance of the equipment are estimated to be $34,000.00 " and will be budgeted for in Road and Bridge Fund J 01 Operating. for the life ofthe machine. GROWTH MANAGEMENT IMPACT: This purchase has no growth management impact. RECOMMENDATION: That the Board of COllnty Commissioners award Bid #00-3147 to Wallace International Truck Inc.. for the purchase of one (I) Tandem Axle Truck-Tractor. REVIEWED BY: SUBMITTED BY: Larrv I-Ie/.f' Road REVIEWED BY: ->1[!(.I/l!/[, Edward J. Kant, PE, APPROVED BY: N rm n E. Feder, AICP, Transportation Administrator DATE: / cJ ..;:,~ (J DATE:/{.'-;L- c... DATE: Ie. LJi( DATE: fa - (1..-</>1 N:'Gm9tl~ OCT~ 2000 ! of ( Pg. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF ONE (I) 5 CY DUMP TRUCK, IN ACCORDANCE WITH BID # 00-3150. OBJECTIVE: To replace a 1991 dump truck to provide support for road grading and road drainage projects and to prevent downtime and conserve funds on maintenance of the older model truck. CONSIDERA nONS: Invitations to bid were sent out on August 6th, 2000 and opened by the County Purchasing Department. on September 27. 2000, Staff has reviewed the bids and recommends the bid submitted by Wallace International Trucks Inc.. as being the lowest bid proposal meeting, or exceeding specifications, Summary of bid tabulations is as follows: Vendor Name: Wallace International Trucks Inc. Atlantic Truck Center Palm Peterbilt GMC Trucks Inc. Orville Beckford Ford Total Price: $41.400.00 $43,952.00 $45,398.00 $47,184.00 '~I - ." FISCAL IMP ACT: Funds in the amount of $41 ,400.00 are budgeted in Road and Bridge Fund I () I CapitaL Funds for repair and maintenance of the equipment are estimated to be $39,000.00 and will bc budgetcd for in Road and Bridgc Fund 101 Operating, over thc lifc of thc machinc. GROWTH MANAGEMENT IMPACT: This purchasc has no growth managcment impact. RECOMMENDATION: That thc Board of County Commissioners award Bid #00-3150 to Wallace International Truck Inc.. for the purchase of one (I) 5 CY Dump Truck, REVIEWED BY: / DATE: /()j,..!/o DATE:)!'" ' REVIEWED BY: DATE: Ie !.J-(L" APPROVED BY: Normr E. Fcdcr, AICP, Transportation Administrator DATE: /r.)-!2.-()L> N:'GrCO~ ~ OCT ~ 2000 Pg. lof! EXECUTIVE SUMMARY ACCEPT A GRANT OF NON-EXCLUSIVE EASEMENT AND A GRANT OF NON- EXCLUSIVE IRREVOCABLE LICENSE FOR THE INSTALLATION OF DIRECTIONAL AND/OR IDENTIFICATION SIGNS, LANDSCAPING, LIGHTING AND MAINTENANCE OBJECTIVE: Staff is requesting the Board of County Commissioners accept a Grant of Non- Exclusive Easement and a Grant of Non-Exclusive Irrevocable License from Pelican Bay Foundation, Inc., to provide for the installation of directional and/or identification signs, landscaping, lighting, and maintenance, upon approval of all documents by the Office of the County Attorney. CONSIDERATION: A Grant of Non-Exclusive Easement and a Grant of Non-Exclusive Irrevocable License are required to allow Collier County to install directional and/or identification signs, landscaping, lighting, and maintenance. Staff has obtained the Grant of Non-Exclusive Easement and Grant of Non-Exclusive Irrevocable License by donation, Acceptance of the Grant of Non-Exclusive Easement and Grant of Non-Exclusive Irrevocable License will be subject to the review and approval of all conveyance and release documents by the Office of the County Attorney, prior to closing, ~-FISCAL IMPACT: Total acquisition including documentary stamps and recording costs is $62.90, : and funds are avaIlable III Fund # 109, GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (I) Approve and accept the Grant of Non-Exclusive Easement and the Grant of Non-Exclusive Irrevocable License from Pelican Bay Foundation, Inc., which have been donated to Collier County, subject to review and approval by the Office of the County Attorney; (2) Authorize staff to record the Grant of Non-Exclusive Easement, the Grant of Non-Exclusive Irrevocable License and appropriate documents to clear title in the Public Records of Collier County, Florida, subject to review and approval by the Office of the County Attorney. NO~ rr;M OCT a~ 2000 I of J-' Pg, REVIEWED BY: ~A-4'At J es P. War , Director elica~ ay Ser e Department APPROVED BY: N rIJI Feder, AI P, Administrator Tr,..sportation Division ! DATE: \O(y 100 DATE: k. , , '1--\ - DATE: /J~(()_"^" NOAG7~A~f OCTat 2000 Pg. 1- if}- >.. f EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT NO. 97-2715-A02 WITH AGNOLI, BARBER AND BRUNDAGE, INC. FOR THE LEL Y AREA STORMW ATER IMPROVEMENT PROJECT-PHASE I (Project No. 31101) OBJECTIVE: Obtain Board of County Commissioners approval of the second amendment to the current contract with Agnoli, Barber and Brundage, Inc. for Contract No. 97-2715. This Amendment NO.2 will implement design activity tasks which were identified in the original contract but have been on hold and also add an environmental permitting task. CONSIDERATIONS: On February 23, 1999 the County entered into a Professional Services Agreement with the consultant firm of Agnoli, Barber and Brundage, Inc. for the Lely Area Stormwater Improvement Project - Phase I design work (for locations, see Map A at the end of the Amendment attachments). Sub-consultants included in the original proposal were Johnson Engineering, Inc. and Camp, Dresser and McKee, Inc. The Agreement scope of work identified five tasks for this consultant team to complete, but as noted below three of the tasks were not implemented at the start of the contract. Task I - BasinlFunding District Boundary Determination Task 2 - Field Surveying and Documentation for Easement Acquisition (Not Implemented) Task 3 - Construction Plans Preparation (Not Implemented) Task 4 - Construction Bid Package Preparation (Not Implemented) Task 5 - Phasing and Cost Estimate Preparation The consultant has completed Task 1 and has also provided a preliminary cost estimate from Task 5. However, as design, environmental permitting efforts, easement acquisition and mitigation negotiations proceed, the cost estimate will need to be revised accordingly. A staff approved Amendment No. I to the Contract was previously performed to transfer funding assigned to specific sub-tasks in Tasks I and 5 to reflect actual expenditures compared to estimated expenditures. There was no increase or decrease in the project budget or purchase order associated with Amendment No. I. At the time of entering into this Agreement, the County was utilizing the services of another consultant firm (the Tampa office of Law Engineering and Environmental Services, Inc.) to perform the conceptual environmental permitting and computer modeling. The loss of some of their key staff members through resignations created problems in development of an adequate and timely deliverable and their contract was not extended to address some major remaining permitting issues. This Amendment No.2 with Agnoli, Barber and Brundage, Inc. implements Tasks 2 and 3 to get the surveying and design work started for future construction of the necessary stormwater management improvements. It also adds a new Task 6 - Additional Environmental Permittin A N No. OCT ai 2000 / \ Executive Summary Lely Area Stonnwater Improvement Project- Phase I Contract Amendment No. 97-2715-A02 Page 2 pick up where Law Engineering and Environmental Services, Inc. stopped on the conceptual environmental permitting for the entire project and also take the project through the construction and operation permitting for the Phase I portion of the project. As a part of this Amendment No. 2, the Agnoli, Barber and Brundage, Inc. team will be expanded by adding in two sub- consultants, Forge Engineering, Inc. (geotechnical work) and Kevin L. Erwin Cortsulting Ecologist, Inc. (environmental permitting). FISCAL IMPACT: ~ Original Agreement amount Amendment No.2 Total Agreement Amount (excludes Task 4) $ 79,926.00 472.842.50 $552,768.50 Funding for this engineering design and permitting work is available in the Stormwater Management Department ClP Fund (325) for this project (Project No. 31101). GROWTH MANAGEMENT IMP ACT: The development of engineering plans and environmental permitting efforts for regional stormwater management system improvements is in accordance with the intents of the Drainage Sub-element of the Public Facilities Element of the Growth Management Plan. RECOMMENDATION: Approve Contract Amendment No. 97-2715-A02 with Agnoli, Barber and Brundage, Inc. for the Lely Area Stormwater Improvement Project -Phase I and authorize the Chairman to sign for the Board. SUBMITTED BY: ;fP~ ~ Robert C. Wil ,P.E., Project Manager Stormwater Management Department Date: /~ ~/tJ ~C;O REVIEWED BY: r/!l"cu/ILdJ\i ,!{IJ. Stephen Y. Carnell / Purchasing Department Director Date: / c' -I u -00 REVIEWED BY: ~~ J H. Bolat, P.E., P.S.M. Stormw er Management Director Date: / () , / (- <TO APPROVED BY: Date: /o-/.7..-dO an Feder sportation Division Administrator A~RAdEM No.~ OCT J,4 2000 Pg. if . Task 3. 08-1 53YOO.PRO . I f. The CONSULTANT shaH develop a right-of-way, easement and temporary easement map for the project which shall show the location and dimensions of required rights-of-way, easements, and temporary easements. The COUNTY will provide all title abstracts and ownership and encumbrance reports necessary to develop the right-of-way, easement, and temporary easement map. g. The CONSULTANT shall provide two (2) copies ofa legal description and parcel sketch of each parent tract, acquisition parcel and remainder parcel required for right-of-way, easement, temporary easement or combination thereof. t Phase 1 Construction Plans and Construction Permits 3.1 The CONSULTANT shall furnish design services necessary to perform project design and prepare construction plans. A sketch prepared on a 11" x 17" sheet shall be provided which will depict the phase one area and proposed improvements. Construction plans shall be prepared on 24" x 36" sheets and shall depict existing topographical features, existing and proposed right-of-way and easement lines and shall contain the following: a. Key sheet. (1) b. Drainage maps (based on available raster aerial photographs to be provided by COUNTY). The drainage maps will also serve as master plan sheets (estimated 2 required). c. Typical section sheets. (2) d. Canal and swale P&P sheets (1" = 100' scale). (8) e. Outfall P&P sheets (l" = 20' scale). (3) f. Cross sections (I every 1OO:i: feet, 1" = 20',1" = 2'). (40) g. Structures LMB-00-S0090, LMB-OI-SOOIO(p), LMB-07- S0080(P), LCB-OO-S0080(P), LCB-00-S0070(P), (7) 10' x 3' box culverts, LCB-00-S0090, and the fr ,e~A ljl;,fiJI ~ control structure per Law Engineering 199 repm.~ :~~ t; l~~C:J 3 7 Pg. LASIP - Phase I Contract Amendment 97-2715-A02 Page 2 of2 IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent. hereunder set their hands and seals on the date(s) indicated below. ATTEST: OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk By: James D. Carter, Ph.B., Chairman Approved as to form and Lega1~CienCY) (, IIJIM ~Ov~ Assisuint County Attorney ATTEST: CONSULTANT ) , ). /;vt-vt(' Corporate SecretarylWitness ER AND BR \lJB1 . J. ,- Q, }, -- By: Fred;'fc:X ,. ~---.11J. Dated: 0. 3. 2.~.'O Dated: tkfo&.r CORPORATE SEAL AGENDA W~ No. I to .", I r:;~J .:.. iT L~!; Pg. 1- Task 4. Task 6. 08-1 53YOO.PRO d. United States Environmental Protection Agency - National Pollution Discharge Elimination System Permit Application. Contract Documents and Advisory Services During Bidding (Not implemented at this time.) Upon completion of the construction plans and receipt of the needed permits, a final set of bidding and contract documents will be prepared for the construction of the improvements. The CONSULTANT shall also assist the COUNTY in obtaining bids for construction of the 'project. This task will include the following: a. Development of Construction Specifications. b. Development of Summary of Quantities and Bid sheets. c. Attend and participate with the COUNTY in scheduling and presenting a Pre-Bid and Pre-Construction Conference. d. Respond to bidder's inquiries and prepare addenda for issuance by the COUNTY. e. Provide the COUNTY with a unit price bid tabulation including all bonafide bidders. f. Make recommendations regarding alternatives. g. Make a recommendation of Award of Contract to the COUNTY. Additional Permitting a. CONSULTANT shall develop responses to requests for additional information (RAI)from the regulatory agencies required for review and issuance of the SFWMD ERP conceptual permits and the USACOE dredge and fill permit for the entire Lely Basin improvements. The responses will utilize permit application and support materials previously developed by LAW Engineering as much as possible. Development of the RAI responses will be coordinated with the efforts ofWilsonMiller, Inc. (who is being retained by the County under a separate contract to developing portions qfthe RAl). N~~E~~ l'P,Et's) ~--) 5 Cf . Pg. 08-153YOO.PRO a.3. Along the proposed spreader lake (LMB-OO-SOOIO) adjacent to the northerly line of Section 36, Township 50 South, Range 25 East. a.4. Adjacent to the proposed control structure (LMB-OO- S0090). a.5. Along the existing canal LMB-00-C0005 on the north side ofLely Lakes. a6. Along the proposed outfall swale (LMB-02-C0005, - COOl 1, -COOI5; and LMB-07-C0005, -COOl 5, and _ I C0025) from the proposed spreader lake (LMB-OI-SOlOO) to U.S. Highway 41. b. The CONSULTANT shall establish the location of critical property Jines located adjacent to the proposed improvements along outfall swales LCB-OO-COOIO, LCB-00-C0025, LCB-Ol- C0005 through LCB-OI-COOI5, LMB-00-C0002, LMB-00-C0003, LMB-00-C0006, and LMB-OI through LMB-07, control structures LMB-OO-SOO 10, LMB-OO-S0090, and the pump station at LMB- 07-COOI5. c. The CONSULTANT shall provide topographic and planimetric information for the project area sufficient to define the details along the proposed outfall swale improvements for a width of 100 feet each side of the centerline of the proposed Lely Main Canal (LCB-00-C0003, -C0005, -COolO, -C0025, and LCB-OI-C0005), and along the proposed outfall swale (LMB-02-C0005, -COOl 1, - COOI5); LMB-00-C0005 and the southern end ofLMB-00-C0002 where it will connect to LMB-OO-SOOIO and for a width of 50 feet each side of the centerline of the proposed Lely Main Canal LCB- 01-COO07, through -C0015. Elevations will be based on NGVD 1929. d. The CONSULT ANT shall contact the utility service providers to have the location of their utilities staked in the field within the project area. The CONSULTANT shall survey the staked locations for the purpose of showing the location of the existing utilities on the construction plans. e. The CONSULTANT shall stake the location ofrec uire~~~'i: I&~S-) borings. ~ ,~,r J _ (I &.-_ _.' 2 ~ Pg. received within forty-five (45) days from date of invoice, work will stop until the total unpaid balance has been received. The project schedule and schedule of deIlverables will be subject to the Client's timely payments of fees. In the event it is necessary for the Consultant to employ an attorney to collect sums due under this Agreement, Client shall be responsible for all costs incurred, including Consultant's reasonable attorney fees. We hope that this Agreement satisfactorily responds to your request. Ifthe Agreement is acceptable, one original copy, signed by a duly authorized representative of the Client, should be returned and will serve as our authorization to proceed. By signing below, the undersigned hereby represents and warrants that they have full authority to contract on the Client's behalf for the services and fees proposed herein. If you have any questions, please do not hesitate to call. . Sincerely, ^ibW' OL~,,~AB,Bf~& ~~.'. UNDAGE, INC. It. ) I ),VlW / // '\ IIII! A, / Ll f.I Dll!}iel Brundage, P.E., resident Principal In Charge ' \ Copy: Kevin L. Erwin\ C~nsulting Ecologist Chris Hagan, Jo1in$on Engineering Enclosure Date Authorized Signature and Title AGENE,A IT~M ~ No.' P, > ;--' 10 , J 08-153YOO.PRO 7 P!l II h. Lake excavation plan sheets including landscapelplantings. (2) 1. Berm/spoil location sheetslhaul routes sheets. (2) j. De-watering plans- To cover construction of the proposed channel improvements, Lely Main Canal Basin structures LCB-00-S0070, LCB-00-S0080, and LCB-OO-S0090, for the proposed culverts between the fresh water marshes (approximately 1500 ft. southeast of structure LCB-OO- S0080), and Lely Manor basin structures LMB-OO-S0090, pump station, and proposed spreader lakes LMB-OO-SOO 1 0 and LMB-OI-SOIOO. (2) r .. k. Erosion control plans. (3) L Miscellaneous detail sheet. (1) m. Geotechnical services utilizing Forge Engineering to include soil borings, determination of de-watering lithology and recommendations for control structure seepage cutoff design. 3.2 The CONSULTANT shall prepare permit applications, data and drawings required for submittal by the COUNTY to local, state, and Federal agencies having permit jurisdiction. The COUNTY shall review the permit applications and shall have a representative at all conferences between the CONSULTANT and the permitting agencies. The CONSULTANT shall attend all meetings necessary for the submittal and approve of all permits. Permit applications shall be prepared and submitted to the following jurisdictional agencies. a. South Florida Water Management District - Permit modification for Phase One Construction and De-Watering Permit Application. b. United States Army Corps of Engineers - Permit application for Phase One Construction. c. Collier County Development Services - CI and Excavation Permit Application. 't N~~E~~ ~~ c ) 08-153YOO.PRO 4 Pg. g' i ,I ~~I i ~IM ~UII ~ j! ~ I n . 1.1 ' : "III ' · 1'1 II, '.I' ii' ': -I I :~ ~ 'i .., ~'. · !~' ~.. .~ .~ ; :.1 ~.ll. :~ .~ .~' ~ ~ ~. I~I ; ~I . E . ~I ~ ~i ~ !" ;Ii[ ! - i ~ i I" :' ~I'~ I Hi: I :~: 1 ! i' I; :': 'ii ii, ' il~ III! Hi · !' 1.1 : I "1" II" i~i I :111' ; III ; t~ Ii , i ' I I:.., , 'I ' I , ' ,:r I~ ' 1;11; i, : ,!Ii !I,I "'il: .I~ li~l~ : I~ 1~1 ~i .11.1. !~, :11 ..1 . ,.. I. ' ..'. .1 i.II~1 1'1 i " I.: 1,1 ,:i !~I S 11II ,~ '~ I~ I~ ;!~ iJ , L ,~ ' ~ I' ; ~ if I~ '~ 15; HI !~ 1.11 i I~ I~ Ii; I! "I I IT,,' III' I II ! ] I , i-i. ,. I- ! I ..,. ,I [. I,! . I. . 'j I. ," i 'Ij Iii 1'111, ! Iii II I ! ,\ II I I" I ,II " ,; III " '11'1 I ','"' I !Il .B8ll I . 'I' I I \ I: I I ~!lli : .! ,., " i ' i ' j' ! II . II " " ! ,', - i~ll I' I , ".1[.".. .11 _il'I' -I", i.I.I:5 'I! 11!I'i I- ..Ij I 1 :: I : ~ ! ,I :,: I I I ,- ! 'I i II:' I III, I' --r, I I ' ~ W l I ,I ' '1.' , I': · · - I I' I' · -I ,..1 .1 all' .! !il "'""Ii I. , " I'" '" ' I:, II;' I I I I: II' I I "I I rTl i 'II' i Ii ~!Hl:. I' i, Ii I"!;I '! . ! III ,i 1'1 : I I! ! ; i , ,I ,'. , " I ' , I" , , , , ~ !HI' ! i I I ! I!I: i I . i ,I,!! ,I' . II II ii, ,II ' , II I i 1-: ., ,!' IIII[ 11II Iii ,I' j II' 1;T II ! if!. U : i'I'1 I',' ,"I ,', '!, I., '1 I, i : , ! 'il ' i . II 'r, I I I ! i J Ih~ltl '.,:.. ': ! I j; ',I I I iT rT _ II; III \ 'I I ' · I Ii; I I II I I I I 1 ~~!l!"~ll! .0' ,ill- . , .: !I ' 'i ' '" I' - r-i ;i ! : \:, i I I I I' - '.1 !.. I, 'i I.! I I [i! '.1 'II! I ., I. . I. - 1.[ ,. -I i . . .1 · .', · I .,1. ,. - . '0' · · i , , : ;' ,., I I ,II I ' , I I " ,', i I. "I: I ': I !: II I : I I J" 11; i ii i I Ijl: t! I i'l : ,I '~ji IJ : iJ J' l' Ili"~!1 E!I I J I 'd ~ I Ii' Ifij '11- iI, I ! i I j 'II Ii U11) ! d:1 . :i i! ~ II ~ , ~] I 8 i ~ ~ ,.1' II! I . , . I. , " I.. ,J I "... '" . -I!' "1 ~ ~ I- 1,--11 ' , E: ,to t 1-. -: ,_I' I I Il ! 1,1 I "i II I,ll,,;, : 111:,1'11, I, . I! " . i , ' I I; . , iii Iii:. " I! i, ; I 'I WH I I' I.nil " i ~mi l.II " Ii I Ii'" I." I -, I ' " i: I I. :it !~ ~ ::!I .. I! I lill ;$!! il: ! I I I:: I , I 1 ~il.: J j ii' ,i! II I I" I i I ! ,6,. ~ ;P"1 I/~E~/i' ~, : ~ J . ~ II ,'I J l! I ' , I~iflll !".-J . !'. ; II ! Pg , 13 ...-" . , - b. CONSULT ANT shall attend meetings with the jurisdictional agencies to present and explain the responses to the RAI and to assist the County in negotiation of permit conditions. Additional Tasks The CONSULTANT shall provide the following additional services as requested by the COUNTY. a. Post design services including construction engineering and inspection, review of shop drawings, clarification of construction plans and contract documents and a final inspection. b. Water quality testing during construction. 2. ADDITIONAL SERVICES AND EXTRA WORK Services not specifically included in Section 1. Scope of Services will be performed as additional services on an hourly basis, plus reimbursable expenses in accordance with the Rate Schedule enclosed with this Agreement. Services and fees provided in this Agreement are based upon governmental rules, regulations and policies in effect at the time of execution of this Agreement. Should changes take effect during the period services are being performed and result in additional ABB work requirements, this Agreement will be modified by approval of the parties. In addition, ABB will perform additional services beyond the work described within this Agreement as requested and authorized by the Client. When such work can be identified in advance, ABB will provide a reasonable estimate for such work and written authorization obtained. 3. FEES AND COMPENSATION The amount of effort required to produce the scope of services described in Section 1 cannot be precisely determined at this point due to the fact that the permitting process has not been completed. Design of the proposed infrastructure improvements to the Lely Area Drainage Basin will be affected by the permitting process. The nature and extent of these changes cannot be determined at this time. Due to the lack of predictability of the permit process it is proposed that compeusation for the work performed under this proposal be completed on an hourly basis plus reimbursable expenses. Our budget estimate for the work is estimated on the attached Exhibit A. Billing for services and reimbursable expenses will be submitted on a monthly basis. All invoices are due and payable upon receipt. Invoices not paid within thirty ( L . ITEM accrue interest at a rate of 1.5% per month from the due date until paid. If a)'llW6~ is not , (., 6 ~ ~,: ~ ~_ 1.1 Z=~;J OS-153YOO.PRO 6 Pg 10 FORGE ENGINEERING, INC. FORENSIC, GEOTECHNICAL AND CONSTRUCTION CONSULTANTS August 18, 2000 Dan Brundage, P.E. Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 Telephone (941) 597-3111 Fax (941) 566-2203 , Subject: Proposal for Geotechnical Services Lely Area Storm Water Improvement Project Section South of US 41 Naples, Collier County, Florida Forge Engineering Proposal Number 135-003.01 P Forge Engineering fnc, (FORGE) is pleased to present this proposal as you requested during our meeting on August 15, 2000 with Richard P. Lundberg, P.E. of our office. Included in this proposal is the project information provided to us, our proposed scope of work, our projected schedule, and our fee for these services. Project Information Our understanding of this phase of the project is based on discussions with you, together with some assumptions that we have made based on our experience in the area. You have also provided a mylar of the project area with markings delineating the area where geotechnical information is requested. The geotechnical work has been requested for several items for the subject section which include: . Canal Improvements (about 20,000 linear feet), . Control Structure Construction (three), and . Spreader Lake Construction (two). There may be additional structures such as box culverts, although at this time they are not planned. It is our understanding that the majority of the boring locations are truck accessible, and some are not. We can obtain the necessary county clearing permits and conduct limited clearing, or we may be able to obtain the necessa In ClIm using hand auger equipment. No. ,r T L" 1 ~':] Pg. 1:5 !~m~~f~~;'_;;"..&;y:.",: >', .,' ',,'. ;.'" 6200 SHIRLEY ST.. SUITE 204. NAPLES. FLORIDA 34109 . (941\ ;;14.41nn . FA" 1!l41\ ;;14-4161 . EMAII' fnrnA@nAIAnAI Lely Area Stonnwater Improvement Project Prepared by: Agnoli Barber & Brundage Inc. 23-Aug-oO IIISCELLANEOUS AND OUT-OF-POCKET EXPENSES Aerial Photography: OutfaU Ill1l"Ovements 0 sheets x $0,00 = $0.00 Right-of-Way Maps 0 sheets x $0.00 = $0.00 AERIALS TOTAL: $0.00 Electronic Disks: 6 CDsx $5.00 = $30.00 AERIALS TOTAL: $30.00 Reproduction: . 24x36 24x36 Blueline Mylar copies Phase 1(30%) 170 34 0 Phase 1 (6lI%) 240 48 0 Phase 1 (90%) 240 48 0 Final 240 48 0 Public Involvement 0 0 0 Permit Plans 960 0 250 Utility Coonlination 480 0 Design NotesICalcs 250 Contract Docs 250 Total Sheets 2330 178 750 Cost per Sheet $1.50 $15.00 $0,05 SUBTOTAL $3,495.00 $2,670.00 $37.50 REPRODUCTION: $6,202.50 $350.00 $100.00 ShlppinglPhone FilmlPhoto = 14 10 months x $25.00 lmonth rolls x $10.00 lroll = = = TOTAL EXPENSES $6,682.50 N~~Et~A gE~ ) Pg I :;, Proposal for Geolechnical Services Lely An>a Slo/111 Water Improvement, South of US 41 Forge Engineering Proposal No. 135-003,01 August 18, 2000 Fee We will invoice you for our services as follows: . Mobilization of drill rig, per mobilization $350 . Soil boring 0-25 feet, per foot $12 . Soil boring 26-50 feet, per foot $15 . Casing, per foot $6 . Hand Augers, two man crew per day $1050 . Permits cost plus 15% . Principal Engineer, per hour $95 . Staff Engineer, per hour $65 . Engineering Technician, per hour $35 . Clearing Sub-Contractor, per day (as required) $1,000 . Reimbursable expenses Cost plus 15% For the initial work scope identified above and assuming clearing will not be required, we estimate our fee would be approximately $6,200 to $7,500. This also assumes the borings will be staked in the field and the county has obtained approvals from property owners for our access as necessary. Additional services requested will be billed at the unit rates identified above. For services not listed, we will provide you a quote upon request. The above unit rates will be subject to an increase on the one year anniversary of this proposal. t Limit of Liability We will maintain insurance coverage in effect during our scheduled duration of involvement with this project. All the services performed in this study will be governed by the applicable laws of the State of Florida. Forge Engineering Inc., its officers, directors, employees, partners, agents, and subconsultants' aggregate limit of liability on this project is $50,000 or our fee, whichever is greater. This limit applies to every legal theory or cause of action including negligence, errors, omissions, breach of contract, and warranty. This limit is enforceable to the fullest extent permitted by law. Should you desire to increase our limit of liability please contact us before signing this proposal. Post Report Consultation Our fee for geotechnical engineering services includes only the costs associated with up to one-half hour of post-report telephone consultation. Any additional services will be an increase to our scope that will require an additional fee. ~~ENp~ '~r}) , J 3 Pg ~'t: ~~'::;' ':..1 ~.H, ,;~;.l;'~:~~:J.:,,:~','<~;,Q;:>{t~\:~;;J.-':.r~:,::,:::\.f:.! ., i I d :i fill il~H iilirl. i ~ Iml i, fUli i IUl! i " I u~ll ' nh'l Ii 'III .1, ,:' ! i i , ' i "~I I ! 1 ! I I; ! I !! I,i r ,,! I !! Ilil I I Ii I ' I , Ii'!' i II!I! 1;' !! ' I 'Ii 11 : I I ii if r ~111 . ~hI! III: II ,: I', ILIII ! d ~lllf: II Ii IiI} j ~ I~inl !liii::J .' i ! h I J I!~. I!, If. i,' F.C ~ 1.1.;' ~.::: I' .: ,.. - ~ I 'I.' I. !~ 1-1 .~!- ~ ., . - .: . i' 0, , ' I: ! ;' I Ii ! ' . ,. i'l ': · i' " " Po. I i I i 'i! d j I~i J'J ,!I1I't=ft A./< 1\ ~ ... ... _ .J 1'+ 08/12/00 10:" ~941 337 5983 KEVIN L ERWIN @002 . Kevin L. Erwin Consulting Ecploglst, Inc. June 12, 2000 Dan Brundage Agnoli, Barber, & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 Dear Dan: Please find attached our proposal for LcJy Canal and Lcly Manor Basins, Collier County. After reviewing the IP application prcpared by Law Engineering and Environmental' Services, Inc. (August 1993) it is nol clear if Law U5ed the: apl'lUI',iale information on wellands and wildlife for the subject area. The wrong COE manual was apparently used for delennining wetland jurisdiction (2-13). Wetland system functiOll5 and characteristics are improperly evaluated. In samc cases, infonnation produced over 1 S years ago, which is now dated, was used in the application. It appears that Law used our firm's FLUCFCS mapping IS ''their'' drawings (i.e., Figure 13 series) but did not utilize ,any of the infonnation we developed as part of that assessment. There is also no indication that surveys were conduc1ed for listed species of plants or wildlife, or for topography within and adjacent to wetlands within the proposed construction area. Finally, conslnlction details arc minimal. J r am sure thaI we will be able to provide all ofthc information that the agencies will require. however, our work: scope wiD remain somewhat vague IIIltil our firms have the opportunity to review all of the project docwnents and to.receive feedback from the agencies and our client. Therefore, as we discussed earlier, our charges will be based on . a per diem basis. The proposed budget is an estimate ofwbal may be required to make this application complete and provide adequate responses 10 agency staff requests. If the application has not been submitted, we should consider making modifications to it prior 10 subminal. 1 look forward to discussing this proposal with you soon and getting started on this project. Sincerely, ~ ~rwia Coasultiat: EcologiJt, IDe. ~~ Erwin PresidentIPrinciple Ecologist KLFJed AGEi'~~ 1~1'J1X'\ No. :; L r -;- " c 20n BaysidG P..~way . FOIl Myers, Florida 33901 ,941,337,1505 Pg I 'f Proposal for Geotechnical Services Lely Area StOIT71 Water Improvement, South of US 41 Forge Engineering Proposal No. 135-003.01 August 18, 2000 Proposed Scope of Work Based on our understanding of this phase of the project we propose the following scope of work. We will use a sub-contractor to complete any required site clearing and to drill the soil borings. Our initial scope of work includes: . Obtaining the required local vegetation clearing permit, (if required) . Performing partial site clearing to access the drill rig to boring locations, (if required) . Mobilization of drill rig to the site, . Drilling 20 soil test borings to 10 feet below grade along the proposed canals, and three soil test borings to 25 feet below grade in the area of the proposed control structures, . Drill 6 hand auger borings in the area of the proposed spreader lakes, . Visually stratifying the borings by a geotechnical engineer, . Analyzing the data, . Writing an engineering report summarizing the findings and presenting our evaluation and recommendations for: . Control structures, which will include parameters for sheet pile design, . Shallow foundation support, . Comments regarding difficulty of soil excavation along the canal routes, . We are initially proposing to conduct borings at 1000-foot intervals along the canal. Should the subsurface information obtained vary considerably then we will recommend conducting additional borings at closer intervals. You will be responsible to provide us right of entry into the property as well as to indicate to us the location of any utilities or other sensitive site features that are known to you. Our fieldwork will result in some change in the condition of the site. Although we will attempt to limit damage to the site, the costs of any restoration of the site or repair to utilities unknown to us will be invoiced to you in addition to the fee presented in this proposal. The samples obtained during our study will be disposed of immediately after testing or within 30 days after the fieldwork is complete. Should you want to retain the samples, please notify us before our commencing the fieldwork. The scope of this work is for geotechnical services and not any form of environmental assessment. However, it will be our responsibility to notify you if we encounter soil or groundwater conditions that obviously appear to contain hazardous materials. It will be the responsibility of the owner of the property to inform the appropriate regulatory authorities if hazardous materials are on the site. Schedule We can typically mobilize to the jobsite within ten working days following authorization to proceed. We anticipate the boring locations will be staked in the field clearing is required. Should clearing be required we can typically obtai a ~~A r~~~\ permit in one to two weeks following application. Clearing would most Iikel takll'~u lu '7 five days depending on the extent required. G , ~.. ) 2 O'/1%"-UO 10:37 ~8U 337 U'J XEVI:i L ERWI:i , : Mr. Dan Bl'Ulldagc 1une 12, 2000 Pagc2 >- Wetland monitoring pl-. >- B....1ine monilorillg. >- WC\Iaod hydrological-_ls, >- WildJjfe (listc:d species) lIlIIVeys, >- Plant (listed IIp,,,,ies) surveys. >- Topo&r8Phical surveys, and "" Attend meetinp with client, ABB, and ageDcies. OPINION OF PROBABLE COST It i. difficult 10 prepare a budget when the ocopc: and nWl!ber ofRAl'. i. DOtltnown. Therefore, we propose to provide ihese semc:es on a per diem basi. tbrough Deccnber 31 ",2000 at a cost ofSI4O,000.00. Thi. figure will not be exeeeded without the prior authorization of ABB. Billing will bt= awle On a monthly basis aCl:ording to !he attached fee schedllle. If thi. proposal is acceptable, please cxeeule below and tmIm. Thanlc you for your consideration. We look forwarolo wotlcing with you ol1lhi. project. Sincerely, jiJJ / CouDllIac Ecolocfst, lac. ~Erwia Presid""lIPrinciple Ecologist ICLEIed Accepled on this .2000 Day of By Title 1iI004 N~~El'~A gr.1~) .., ., ,J Pg. ~I j;. Proposal for Geotechnical Services Lely Area Storm Water Improvement, South of US 41 Forge Engineering Proposal No. 135-003,01 August 18, 2000 Authorization We will begin work on this project upon receipt and acceptance of your written authorization. To authorize our services and to make this proposal the contract between us please indicate your acceptance on the 'Proposal Accepted By" line below and return to us a copy for our files.- We appreciate the opportunity to submit this proposal and look forward to working with you on this project and to future opportunities. Sincerely, Forge Engin~lnc. /~~ ; Richard P. Lundberg, P.E. Vice-President ~.'M~~ Vice-President . Distribution: 2 - Addressee 1 - file Proposal Accepted By: Typed/Printed Name: Firm Name: Date: tf~~E)~A )\f(Mg-) L r - " . j 4 Pg (~ --, ?~f~~~~~~ ~~.:II-\fi~')::::-:'.>::~'1~'~1 '~~'l<": c. I:.!. '_~-~:;:}..;1J...;tIl J .... N ,~~ 1~ LELY SlJiIV!Y a Ol!Sl;tt ~.:.;tI'"f'~""""~ stIIlV!Y ONl..Y 1:S~VE\"Ol!S1GN . WfTHG!OTI!CH I :"7:~,.;'1f:1"tp.11 SLftVI!Y ONLY ....f- -"'-'-_._--'_, WIT1iOEOnCH D. o r I .. <:!? I? \/ toUDIt COVHn 'r4!D K.UUOaIlrr DmBIOft I ~ ~I'u LELY AREA SrORII WATER ! ~ ~ i IMPROVEMENT PROJECT PHASE 1 A BASIN ~ DM".-e -~ - - - - -4l~ 5; MRP fl Pl.!. . I N~~Ei,~A Hlf16-) J ~a ';'-("".''''' , ',~' ..;r 08/12/00 10:38 1r941 337 5983 KEVIN L ERWIN iii 003 .- .. Kevin L. Erwin Consulting E~loglst. Inc. June 12,2000 Mr. Dan Brundage Agnoli, Barber, and Brundage, Inc. 7400 Tamiami Trail North. Suite 200 Naples, FL 34108 Re: Lely Canal and Lely Manor Basins, Collier County Proposal to Provide Environmental Consulting Services Dear Dan: r The following is a proposal to provide environmental eOllSUlting services to Agnoli, Barber, and Brundage, Inc. (ABB) and the Collier County Board of County Commissioners related to obtaininKPcnnits for construction and operation ofa surface water management system within Water Management District #6. The planned system encompasses more than 10,000 acres and will serve as a primary stonnwater management system discharging into wetlands feeding the Intercoastal Waterway, Periwinlcle Bay and Sandhill Bay via Lely Canal Main and Lely Manor Main Canals. Kevin L. Erwin Consulting Ecologist, Inc. (KLECE) will provide ABB with all environmental support required to obtain permits from the South Florida Water Management District and the U.S. Army Corps of Engineers and the necessary approvals by their commenting agencies including thc Florida Wildlife Conservation Co!lllllission. U.S. Fish and Wildlife Service, National Marine Fisheries Service, and: the U.S. EnviroI'm""ta1 Protection Agency. WORK SCOPE KLECE's scope will include assisting ABB in thc following areas; responding to thc agcncy RAI's (for all ofthc system cxcept Naples Manor south of U.S. 41) and developing construction plans, bid documents, construetion modifications and monitoring. Based on our review ofthc Individual Permit applicatiol1 prepared by LAW Engineering and :Environmcntal Services, Inc. August 1998 the following services IlUIy be required to respond to agency Requests for Additicmal Infonnanon (RAI) and to prepare construction plans. ,.. Wetland jurisdictional dctennination, >- Wetland functional assessments, ,.. Wetland construction and mitigation details, N~~Ei12:' ~~~) 2077 Bayside PaJicway . Fon Myers. Flcrida33901 . 941-337-1505 , c,..' _.' ....J Pg. ~o ~.-- . 08/ll/00 11:04 tr9H 337 S983 KEVIN L ERWI:i 1ilI00$ .. KEVIN L. ERWIN CONSULTING ECOLOGIST, INC. FEE SCHEDULE EXPERT WITNESS $200.00 per hour PRINCIPAL ECOLOGIST $125.00 per hour ECOLOGIST IJ] $ 80.00 per bour ECOLOGIST n $605.00 per bour TECHNICIAN m $ 50.00 per bour ,. TECHNICIAN IT $ 40.00 per hour TECHNICIAN I $ 25.00 per hour CAD S 050.00 per hour TRA VEL $ 0.45 per mile OUT-OF-POCKET EXPENSE at cost Any work to b~ subcontracted out, will be billed direct~y to the client by the ~ubcontractor unless specifically notQd. Any special lfqutpment, such as helicopt.rs or fixed wing ~ircraft rantal, will bQ billed at cost plus lO~. All billinQ will be made monthly unless specifically noted. Full payment is expectfli!d within 30 d.A'JS o:f receivinq the .nvQice unl.s~ veiar arrangements are made. AGEf"DA ITEr ~ No. I" PI '#'1 - , C-) Pg. ~"' .. Contract Amendment No. 97-2715-A02 "Lely Area Stormwater Improvement Project - Phase I" This amendment, dated . 2000 to the referenced agreement shall be by and between the parties to the original agreement, Agnoli, Barber and Brundage, Inc. (to be referred to as "Consultant") and CoJlier County, Florida, (to be referred to as "Owner"). Statement of Un den tanding RE: Contract # 97-2715 "Lely Area Stormwater Improvement Project" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per the Supplemental Authorization Proposal Letter dated August 17, 2000 which includes Exhibit "A" (ABB LaborlExpenses Cost Estimate Spreadsheet) attached to this Amendment and incorporated herein by reference. This Amendment implements Task 2 - Land Surveying, Task 3 - Phase 1 Construction Plans and Construction Permits, and adds a Task 6 - Additional Permitting. The original Task 4 - Contract Documents and Advisory Services During Bidding is still not implemented. , The Consultant agrees that this amends the original Contract, with an original amount of seventy- nine thousand nine hundred twenty-six dollars ($79,926.00), and that the Contractor agrees to complete said additional services in the amount of four hundred seventy-two thousand eight hundred forty-two dollars and fifty cents ($472,842.50) as per Exhibit "A" for a total amended contract amount of five hundred fifty-two thousand seven hundred sixty-eight dollars and fifty cents ($552,768.50). Time for completion of all work contained in this amended contract shall be extended to a total of nine hundred ten (910) calendar days. This equates to a completion date of October 1, 2001. All other terms and conditions of the agreement shall remain in force. ~; i'. r'tr-,n"l {_ 1 ,..>""lJ Pg. "3 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 1 TO LIVINGSTON ROAD CONSTRUCTION ENGINEERING INSPECTION PROFESSIONAL SERVICES AGREEMENT WITH KISINGER CAMPO AND ASSOCIATES CORP. (Project No. 60061) (CIE No. 53) OBJECTIVE: Obtain Board approval for Amendment No. I of the Livingston Road (Radio Road to Golden Gate Parkway) Construction Engineering Inspection Professional Services Agreement with the consultant firm of Kisinger Campo and Associates Corp. CONSIDERATIONS: On February 23, 1999, the Collier County Board of County Commissioners approved the Professional Services Agreement with the consultant firm of Kisinger Campo and Associates Corp., for the provision of Construction Engineering Inspection (CEI) services for Livingston Road (Radio Road to Golden Gate Parkway). ~ Due to minor permit problems and proposed six-laning of Livingston Road, the construction duration of this corridor has been extended beyond what was originally anticipated. In order to continue with our current CEI services, we need to amend the original agreement. $100,000 of the required funds for the time extension are being transferred from the construction contract to the CEI agreement account (this lump sum was built into our construction contract with Better Roads, Inc. specifically for this purpose). This Amendment has been reviewed for legal sufficiency by the Office of the County Attorney. \\~'FISCAL IMP ACT: Funding for this Amendment in the amount of $236,966.00 is available as " follows: $100,000 will be transferred from the construction contract with Better Roads, Inc. and added to the CEI Contract. The balance of $136,966 is budgeted in Road Construction Impact Fees District 2. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Project No. 53 IS consistent with the Transportation Element of the Growth Management Plan. RECOMMENDATION: Approve the Amendment to Livingston Road Construction Engineering Inspection Professional Services Agreement with Kisinger Campo and Associates Corp. in the amount of $236,966.00 and authorize the Chairwoman to sign for the Board. NoA'ff:~f~ rEM OCT~2000 Pg. I - Executive Summary Livingston Road eEl Services Agreement Page 2 (, \ _.l.._,. I.." I' \ ",' ~ SUBMITTED BY:' - \, "I, '--\, , \, " '(~-' '-, Mitch Riley, P,E., Interim DirectOr TE & C2D REVIEWED BY: 1w~:ti- Nornyin Feder, Transportation Administrator i , Date: Date: , ~ ~, 1d!J.!vo ! ! , N/GflJDt5I~M OCT ~ZOOO , Pg, ~ LIVINGSTON ROAD (RADIO ROAD TO GOLDEN GATE PARKWAY) AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No.1 to the Agreement dated February 23, 1999 (hereinafter referred to as the "Agreement") is made and entered into this day of , 2000, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and kisinger Campo and Associates Corp. a Florida corporation, authorized to do business in the State of Florida, whose business address is 2201 North Lois Ave., Suite 1200, Tampa, FL 33607 Tamiami Trail North, Suite 200, Naples, Florida 34108 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the Construction Engineering and Inspection Services of Livingston Road (Radio Road to Golden Gate Parkway), Project #60061 (hereinafter referred to as the "PROJECT'), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications (time extension due to permitting complications, and the six laning of Livingston Road) to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional services in all phases of the project Construction to which this Engineering and Inspection Amendment applies. AGENDA ~~~ No. lip c. ~::J l pg.3 1.2 CONSULTANT shall provide professional services III addition to those as outlined in said AGREEMENT as noted in Exhibit A of this Amendment; as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Exhibit B, entitled "Exhibit B - Fees" for Basic Services and Consultant's Estimate of Additional Services, as outlined in said AGREEMENT with the modifications to Exhibit A to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said PROJECT will be revised to reflect the four months time extension added in this Amendment as reflected in Exhibit "C" attached hereto. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. AGW~~[~ No. :._H! Pg. . IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Construction Engineering and Inspection Design of Livingston Road the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: By: Dwight E. Brock, Clerk Approved as to form and legal sufficiency: .-- . ~----.---"7~ "-. ~..----/ vi . Assistant County Attorney , ~'.... Kisinger Campo and Associates Corp. ~__, r ,,.,' __~ '--/./'_ __,'.:r //:;','7.).>' -, .' "II........" -..?'____ By: ,/17. ~?f) Witness (CORPORATE SEAL) N~~7IlPY(~ - Pg. 6 -. e)\.I,\r\I.~"\\ i~ SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Parts: A.1. DESCRIPTION OF PROJECT A.2. CONSTRUCTION CONTRACT ADMINISTRATION A.3. DETAILED OBSERVATION OF CONSTRUCTION -18- ".G7iLD"'8-~ No. , 1 '- Po. (f) A.1. DESCRIPTION OF PROJECT. A.1.1. Location: The project involves the construction engineering inspection of a new urban four-lane arterial roadway from Radio Road to Golden Gate Parkway, including appropriate modifications at intersections and terminus points to provide safe access to existing roadways. A.1.2. Type of Work: The project involves the construction engineering inspection of a new urban four-lane arterial roadway which includes, but is not necessarily limited to, clearing and grubbing, excavation, placement of embankment, stormwater facilities, utilities construction and relocation, complete roadway and bridge construction, retaining and gravity wall construction, safety barrier and noise reduction wall construction, signalization and lighting installation, protection of private property immediately adjacent to construction activities, and public relations for business and residential impacts. A.2. CONSTRUCTION CONTRACT ADMINISTRATION. A.2.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to pre-construction conference and regularly scheduled cOQrdination meeting with OWNER and contractor. A.2.2. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents which may come to the CONSL,JL TANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.2.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work readily replaced or restored to an acceptable condition. Such stoppage to b -19- v Pg. '7 reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.2.4. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.2.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.2.6. Submit to OWNER, in a format acceptable to OWNER, weekly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.2.7. Review and make recommendations to shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. All submittals shall be approved by the designer of record. A.2.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations' of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's a~plicrJbgA"i~t:r~~ ~) -20- ,.~-~g. 8' amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) the work has progressed to the point indicated; (b) the work is in substantial accordance with the Contract Documents; and (c) the contractor(s) is (are) entitled to payment in the recommended amount. A.2.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.2.10. Support the OWNER'S efforts to negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings. material specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change Qrders under the owner's direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective change order. A.2.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and' provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the ur oses J.\Gu';DA l'iEM of this provision, substantial completion shall be deemed to be the stage in onstrtu:;tirm i~ t'{;y <::\\ -21- '" ~ PC!. 9 Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.2.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. A.2.13. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.2.14. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.3. DETAILED OBSERVA1:ION OF CONSTRUCTION. A.3.1. Construction work shall be done under the full-time observation of at least one representative of CONSULTANT; or by such additional repres~ntatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER. A.3.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's - interests in Project and: (a) take 3 x 5 color 35 mm photographs of important aspe including by way of example and not limitation, all existi -22- Pro'ect AG",i'WA I'fEM g pl'Matg f:il<;'i1t;;c;:~( '1 eM 10 within the work zone, existing pre-construction surface conditions, important phases of construction, construction observations that detect questionable practices or special interest areas, problems or accidents, surprises from unanticipated conditions and other items needing visible documentation for future reference, process and submit same together with corresponding negatives on a continuous basis to OWNER; such pictures to be properly categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings; (b) maintain appropriate field notes from which record drawings can be generated; (c) perform the appropriate materials and placement sampling and testing in accordance with Florida Department of Transportation and Collier County standards; (d) maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and (e) observe operation or performance testing and report findings to OWNER and contractor (e.g. including copies of bacteriological and pressure tests when p,otable water lines are involved upon completion of operable units, signalization and lighting testing, etc.). END OF SCHEDULE A :~GU~[jt r*~ 1) .23- Pg. II -,-.,,_._-~..-,. SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.1, A.2, and A.3 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the time and reimbursable fees or unit prices (whichever is applicable) as shown on Attachment A entitled "Estimated Costs Construction Engineering and Inspection Services" Sheets 1 through 4 inclusive. B.1.2. Payment For Basic Services under Parts A.2 and A.3 of Schedule A shall be paid on a time and reimbursable or unit price basis (whichever is applicable) upon receipt of an approvable invoice on no more than a monthly basis. B.2.1. As consideration for providing Basic Services under Part A.3 entitled "Detailed Observation of Construction" and for properly approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services", OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable or unit cost basis (whichever is applicable). Payments for Part A.3 services and properly approved Additional Services shall be made monthly on a time and reimbursable or unit cost basis (whichever is applicable) computed in accordance with either Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement or Attachment C entitled "Consultant's Estimate of Additional Services". Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to - CONSULTANT'S own fault or neglect. :~~~=;''Ft\ 'M~4J -24- ..." ~;).. I;), B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services under Part A.3 or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, and similar Project-related items required in Parts A.2 and A.3 of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses fortransportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the time and reimbursable figures or unit costs (whichever is applicable) on Attachment A be exceeded without a change in the scope of the project being approved by the County Administrator or his designee 8.3.2. Detailed Construction Observation work performed under Part A.3. and Additional Services, shall be paid as substantiated to the limits shown in Attachment C, the sum of those figures without execution of an appropriate Agreement amen mJhl .25. Po. 1.3 .....-..._...... B.3.3. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The project number and number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated. identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's Estimate of Additional Services, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating subconsultant activities (other than Forge Engineering, Inc. which submitted as a subconsultant for material testing services as a part of the original proposal) for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Part A.3 and Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as set forth in Part A.2 of Schedule A. END OF SCHEDULE B. - p,(Li'mA r~U1') No.---4 (" (C{ -26- Pg. Ii ;' " ;' ;' /'7'-I"II'1C.N 7 '7 11i..1 'S8 DEe Y AfllO 58 Dale: 121V3& u.23 ESTIMATED COSTS CONSTRUCTION ENGINEERING AND INSPECTION SERVICES Prepared for: Collier County, Florida Project Description: Livinoston Road. Collier County. Florida Employee Regular Time Avg. Hourly Salary Classification Manhours Billing Rate' Costs Quality Control 277 S 110.00 S 30,470,00 Project' Engineer 2,540 "2.~ ) ') S 75.00 4~ S 198,000,00 ' . Senior Inspector 2,540 12 ' - S 60.00 l..! ',: .~ S 158,400,00 Senior Inspector 1,320 / 20, JL S 60.00 S 79,200,00 Secretary 2,540 \~ :) 'j S 39.00 LJ.-'~ S 102.960,00 ! ') TOTALS: 9,517 S 59.79 S 569,030.00 a. Overtime Allowance. Salary Related Costs (Limiting Amount) Sr, Inspectors: 3.960 manhrs x 15% = 594,0 x S 60,00 per hr = S 35,640,00 c. Subconsultant: Force Engineerinq. Inc. S S S S 604,670 2.703 607,373 25.500 Sub-total: b. Lump Sum Expenses: Sub-total: TOTAL MAXIMUM LIMITING FEES" $ 632,873 Estimate prepared by: Kisinger Campo & Associates Corp. Phone No.: (813) 871-5331 .HOUrly bitbnil rates inClude all "ehicles and field e~ulpment nol Stlt':Iflcalty l1emtled -Any fIeld survey and i111 field testing rnc:tud.d in thIS east ,'.,-'" '-.. , r....:t-'''U'' ""--'1 ~, M I ESt No. 1/" '1) p ,- g.- j ,,,, ",'-""~'-/v, , / ))6.2 Dale: 121:lJge 1423 KISINGER CAMPO & ASSOCIATES CORP. Project Description: CEI: Livingston Road. Collier County FIELD OFFICE EXPENSES: 1 Film & i=ilm D~vel:l9i;'l~ 6% t2X 64 rolls @ 5373 + 514.52 = 5256.44 64 devel @ 55.75 + 522.12 = 5390 76 ('6" months x 4 rolls per mO;1th :: 54 rolls) 5647.20 2 Post3~e & Shiooin~ 16 months @ 5128,50 mo, = 52,056,00 TOTAL: $2,703.20 Amount. ~~~:c,/~\ ~Y'\~) Pg. Iy ATTACHMENT "B" (' I , Kisinger Campo & Associates, Corp. HOURLY BILLING RATES FOR ADDITIONAL SERVICES ON THE LIVINGSTON ROAD CEI PROJECT (Project No. 60061) COLLIER COUNTY, FLORIDA I POSITION I CLASSIFICATION HOURLY BILLING RATES' QC :::ngineerlSr, Technical Adv;sor $130.56 Project Manager $127.47 Chief Engineer I $113.25 I Senior Engineer I $103,74 I Engineer $ 76,95 Designer Technician $ 61.11 I Senior CADD Technician $ 55,50 CADD Technician $ 43,95 I Clerical $ 33.45 I Quality Control (CEI) $110:00 Project Engineer (CEI) $ 75,00 Senior Inspector (CEI) $ 60,00 Secretary (CEI) $ 39,00 .Hour1y blllmg rates Include salary, ovemead. fringe benefits. and operabng margin. N~G:IE;' ~7~) KCAP, . "'9. . .+f ~~ 'u I:: H 0'1 I:: 't: III III I:: '0-. I:: w . . .-"" R..3 0 0 8 0 0 0 0 0 ~ 0 0 0 ~ ~ ~ ci ci 0 ~ ~ 0 0 ~ ~ 0 0 co 0 0 0 0 0 "'. - 0 0 '" '" "'. co t!) In '" t!) t!) t!) o. - '" >- ,.... "'. '" '" - -a c '" co :::J ..... 0 0 I- <.) <A- '- <A- -1fT ., -1fT -1fT -1fT -1fT -\IT -\IT ~ 0 -\IT <.) '" '- t... Z . 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'- a: en cl ., '" ., E - E I:: ., '- '" ., cl I:: <3 C m a. ., 'Vi '" I:: :.J :;:: m I:: .... 'en - 2 I:: '" '" a. >- 'en 'i: .S 0 I:: w ..... 0 ., '- m -a I:: m U cl U - ., m UJ < a. l- I:: I:: UJ - ., 'S '" U I:: ;;; 'i: t.. '" en 0- ., ., I:: - "t OJ i: -a "" u 0 ., :.J - I- '" a. 2 '" ..... I- -" cl U ., 0.. 0.. U 'u ., ..... I- cl 'u ..... t... U I:: 0\ >- ~ cl I:: C CJ -a 0 u 0 I:: 0 I:: U "t .D 2 '" - t.. '.j:: .D 'i: a. 'i: 'i: ..... ., '" CJ cl 0.. III '5 u 0 u E '" '- :J U 0.. ~ ., a. 0 cl cl U 0.. 0'1 < '--, 0 '- :.J C- U t- o 0 t- o.. u 0 .0 '- C- ~ C- o 0\ _.. >,- , 1i1(q~p U- ."; '"' ,... co P- h,_..." Z t!) _I'..... '" V N E - N ., - I-< Po ,'8" ~ - SCHEDULE B - ATTACHMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) r- ( [reduce schedule to be provided by CONSULTANT and place it here] MNe 17; r#/.5 IJ)//c. . 'G..' 'P.' '....b h "~;.~ h .i ri; No. I c F\ <'i -29- Pg. 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'" Q. ., " '" ~ 0 ~ 0 ~ 0 ~ 0 - - 0 ~ 0 ~ 0 0 - ~ - - 0 0 ~ 0 ~ 0 0 - ~ - - '0 0 ~ ~ ~ ~ ~ '" 0 ~ 0 0 0 is c m . ~ M ~ U ~ . 0 N .0 . ~ c . ~ ., '" '" ~ u . o ~ Z ~ :c z g E i ~ ~ li <1 j VI -' ~ W ... .. ~ ~ ~ ~ S u -' ., t 5 5 0 ... '2 . ! u f2 c ! ~ "E 0, ... " c " . U C W " il w (- 0: . . 2 0 .. f ll: , " c "' a. 0 a: . '" '" . '; 1i c . , '-'-'''' --...-- .- -_.- -.'- .....~J~~~=- ~ .- '- f;~~q~~;\fir&i) P:l,= ;J.O ~it ~\G.71 B ESTIMATED COSTS - CHANGE ORDER NO. ONE CONSTRUCTION ENGINEERING AND INSPECTION SERVICES Date 912010015:56 Prepared for: Collier County, Florida Project Description: Livingston Road, Collier County, Florida Employee Regular Time Avg. Hourly Salary Classification Manhours Billing Rate' Costs Quality Control 69,0 $ 110,00 $ 7,590,00 Project Engineer 660.0 $ 75,00 $ 49,500.00 Senior Inspector 660.0 $ 60.00 $ 39,600.00 Senior Inspector 660.0 $ 60.00 $ 39,600,00 TOTALS: 2,049 $ 66,52 $ 136,290,00 a. Overtime Allowance - Salary Related Costs (Limiting Amount) 'Sr. Inspectors: 1,666.67 manhrs x $ 60,00 per hr = $ 100,000.00 Sub-total: $ 236,290 b, Lump Sum Expenses: $ 676 Sub-total: $ 236,966 c. Subconsultan Forge Engineering, Inc, $ TOTAL MAXIMUM LIMITING FEES- $ 236,966 Estimate prepared I Kisinger Campo & Associates Cor, Phone No. (813) 871-5331 '"Hourty biUing rates include all vehicles and field equipment nol specifically itemized. -Any field survey and all field lesting included in this cost. ~;~~~;;7:-~'~) Pg, C2.1 -T - Date 9/2010015:49 KISINGER CAMPO & ASSOCIATES CORP. Project Description: CEI: Livingston Road, Collier County FIELD OFFICE EXPENSES (C/O #1): 1 Film & Film Develooinq 6% tax 16 rolls @ $3.78 + $3.63 = $64.11 16 devel @ $5.76 + $5.53 = $97.69 (4 months x 4 rolls per month = 16 rolls) $161.80 2 Postaqe & Shiooinq 4 month! @ $128.50 mo. = $51400 . TOTAL: $675.80 Amount. t:~~:~: 1~~l~(1) P,-,. Q~ J u~ k ~ ." 0 w (1lI,' Z " i) ~ ~ il O\~ Z ::0 fh 0 z. (3 " ::> < 0 C) 0 <.) z ii: ~ ii: 0 ~ ll.. ..J '0 ~ ll.. <.) Ul >=' "0 0 ?- m 0 W z a:: !;i ::l " 0 0 ~ () 1ii i= " Cl Ul W " w :; 'S: I- ..J :.:J Z 0 < () I- -' ::l Ul Z 0 U W u LU ::;: <( Z I- <.) W ...., o " c.. "' 0 0 0 0 a> a> 0 0 0 " '" 0 ..J '" '" '" '" N ~ ::> '" '" '" 0 0 J: I- Z <( ::; ..J '" " 0 0 0 N ~ :I: 0 .. " " " f- N z - 0 0 I- :::; a> u " v <( 0 '3 > 0 ~ Z e 0 e 0 " 0 " ~ 0 .., >. 0 >. 0 rn 0 rn .... ::; 0 ::; C C 0 f- N 5. 0 0 0. <( 0 <( ~ on on ~ 0 0 0 0 0 ::; - - - - - ::; 0 '" .c on on .c 0 0 0 0 0 v - - v u.. 0 - - - M u.. e on on e 0 0 0 0 0 rn - - - - - rn ~ 0 M ~ u on on u 0 0 0 0 0 v - - v 0 0 - - - '" 0 > 0 > 0 0 0 0 Z 0 Z 0 U 0 U 0 0 0 0 0. 0 0. 0 V 0 V en 0 en '" 0 '" 0 " 0 " <( 0 <( 0 '3 0 '3 C ~ 0 ~ C 0 C' e 0 ~ N 0 " 0 " ~ 0 ~ >. 0 >. rn 8 rn ::; 0 ::; 5. g 5. <( 0 <( ~ g ~ ::; 0 ::; .c g .c v v u.. 0 u.. e g e rn rn ~ 0 ~ u g u '" v 0 v '" 0 0 0 '" > > .... 0 0 z z en ..J z ~ ~ (; ~ <( ..J 0 V ~ W ~ e U z <3 'c, v ~ Z ~ 0. 0 U W '" l- ii: ~ E E frl en u '" in '" v (; g .., w en " "e '2 ~ ~ a. 5 0 v a. en VI a. u ~ " ~ o . ~ " o 0.. a:: o u Ul W !;i U o Ul Ul < ~ o 0.. ~ <( U a:: w C) z in i: . .c E o E ~ 0. on '" :>: al Cl w a:: <( c.. w a:: c.. e o "0 " '" rn .c '" 5 o .c e rn ::; ~;~:)G;gf1j P(1. j,") --.......-"'-~'---" EXECUTIVE SUMMARY ~- APPROVE LIST OF QUALIFIED ENGINEERING FIRMS FOR RFP 00-3119, ANNUAL CONTRACT FOR UnLITY ENGINEERING SERVICES. OBJECTIVE: To have a group of utility engineering firms available to promptly provide multi-discipline engineering services related to water, wastewater, and solid waste projects. CONSIDERATION: Pursuant to the County's need for consulting services related to wellfields, major water and wastewater pumping and transmission systems, sewer systems, water and wastewater treatment facilities, and solid waste facilities, proposals were solicited by the Purchasing Department on July 13, 2000. Notices were sent to 150 firms. Twenty-seven firms requested the full package. Of these, fifteen firms submitted proposals by the due date of August 25, 2000. After reviewing all of the proposals, the Selection Committee identified six firms as being the most qualified and experienced to perform the variety of services contemplated under this contract. The six short-listed firms listed in alphabetical order are: ,.-. Camp Dresser & McKee Greely & Hansen Hazen & Sawyer Hole, Montes & Associates, Inc. Malcom Pirnie Metcalf & Eddy The Selection Committee recommends tpat contracts be negotiated with the six short- listed firms. Upon approval by the Board of County Commissioners, negotiations will commence with the six firms. Should these negotiations be discontinued for any reason, negotiations with the seventh-ranked firm may commence. This process will continue until a contract is executed between Collier County and the successful firm(s). Work assignments under this Agreement are by a Work Order and Purchase Order. Work Order requests by a County Agency include a Scope of work agreed to by the County and the professional firm. Assignments under $25,000 will follow Purchasing Department regulations being implemented with approval by the Department Director and an approved Purchase Order. Work Orders over the $25,000 threshold require Board of County Commissioners approval. FISCAL IMPACT: There is no fiscal impact related to selecting engineering consultants. Funding for Utility Engineering Services under these agreements shall be provided by each user Division, and contracted by a Work Order and Purchase Order funded by the using Agency. ~ HO.~(CSU) OCT 2 4 2000 PG. I Executive Summary Annual Contract For Utility Engineering Services. Page 2 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to selecting engineering consultants. This action will continue to improve staff ability to implement the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of six Utility Engineering firms and authorize staff to negotiate fixed-term agreements with the recommended firms. -- PREPARED BY: / ~ :t . -;~/i.. / I. Date: oj; /, G --4\ily . Adarmes Minor, P.E., Senior Project Manager Public Utilities Engineering Department .i/ I ;.), ~ / /r i,' ; II I,. } I 1{ [ ( Gwen Butler, Interim Director Purchasing Department Date: I. //1/( c ( I REVIEWED BY: - REVIEWED BY: :/) .'. ,) /~ ~.~------- Karl W, Boyer, P.B!, Interim Director Public Utilities Engineering Department /; / Date: , , I .I 10.10,:':; , I APPROVED BY: /-;[77' /'/ v':/ . 7/0- --''''''! J es V. Mudd, Administrator Public Utilities Division Date: /O/j",,)oc ."""" NO. EW'1.t)_ OCT 2 ! 2000 PG. d? EXECUTIVE SUMMARY AWARD A PURCHASE ORDER TO TRISEP CORPORATION, TO FURNISH AND DELIVER NEW NANOFILTRATION MEMBRANE ELEMENTS AND ACCESSORIES TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, BID 00-3132, PROJECT 70887 OBJECTIVE: The existing membranes are six years old and need to be replaced, having reached the end of their useful life. This procurement will benefit the rate payers by improving operating efficiency and renewing the useful life of the membrane softening side of the North County Regional Water Treatment Plant (NCRWTP). CONSIDERATIONS: On August 23, 2000, sealed bids were opened for this project. Out of the eight bid packages sent, four bids were received as follows: Bidder TRlSEP Corporation Hydranautics A,E.S, Inc., of Cali fomi a Koch Membrane Systems Bid Amount $ 955,500.00 $ 993,300.00 $1,142,126.00 $1,207,800.00 -. Bid tabulations are attached, The lowest, responsible, responsive bid was received from TRlSEP Corporation. Our design professional, Metcalf & Eddy, Inc., (M&E) reviewed and evaluated their bid, and determined that TRlSEP Corporation is qualified to furnish and deliver the required equipment. M&E's recommendation letter dated September 7, 2000 is attached. . FISCAL IMPACT: Funds in the amount of$955,500.00 are available in FY 01 for this project. Funding source is User Fees. ~ROWTH MANAGEMENT IMPACT: This purchase will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a purchase order to TRlSEP Corporation, to furnish and deliver new nanofiltration membrane elements and accessories, to the NCRWTP, Bid 00-3132, Project 70887. ,,-- 'O[NOj ... T~M) No.N. fel_ , , OCT 24 20GO PG. I Executive Summary Award Bid 00-3132 Page 2 PREPARED By:-E".fiA., ~ DATE: <:fI,l" Peter Schalt, PMP, PUEO Project Manager 'REVIEWED BY: &1j~9 Karl W. Boyer, P.E., futerim PUED Director Lt. REVIEWED BY: .1'/"", / ;Jl!J.fl1)) Gwen Butler, Interim Purchasing Director /-------J j ( Ii 1 //,,_"-;:- //'~) REVIEWED BY: I.~ '(, /'f1i;,;"""'~ CL-- Paul Mattausch, Water Director DATE: 910/&'0 / DATE: '7/13 lco , I / DATE:ps?/e'c;~ .~ REVIEWED BY: / /' '/ __, ___ 2-1 }'/~ .' DATE: Jam V. Mudd, Public Works Administrator ;e ;:~/c 0 Attachments: Bid Tabulation Metcalf & Eddy, Inc., Recommendation Letter .-' AO,"OUA I ~[}' ) NO. /Ir J! }~ ./ ./ OCT 2 4 2000 pc. J. .~!5 Metcalf & Eddy ~ September 7, 2000 Mr. Peter Schalt Collier County Government Center Public Utilities Engineering 3301 E. Tamiami Trail Naples, Florida 34112 Subject: North County Regional Water Treatment Facility (NCRWTP) Bid #00-3132 Nanofiltration Membrane Elements Dear Mr. Schalt: Metcalf & Eddy has reviewed the four proposals for furnishing replacement nanofiltration elements for the North County Regional Water Treatment Facility, The four base bids were: Bidder TriSep Corporation Hydranautics AES Inc of California (DowlFilmtec) Koch Membrane Systems Unit Price $430.00 $451.50 $519.00 $549.00 Total $ 946,000 $ 993,300 $1,142,126 $1,207,800 All of the vendors provided projections of membrane performance, and all were within the required operating parameters. TriSep separated out its shipping cost, $9,500, which changes their unit price to $434.32 per membrane. Their total price is therefore $955,500, They have provided a letter waiving all exceptions to the specifications. As they are the lowest responsive, responsible bidder, we recommend award of the membrane supply contract to TriSep Corporation. Please contact me if you have any questions. Sincerely, METCALF & EDDY, INC. 4tL'd~~1 IS. ~ ..~ Nlcltolas B. Cooper Proj ect Manager '"[NO'zI"') NO. ItA rfl)cJb OCT 24 200D PG. ..3 Metcalf & Eddy, Inc. 3740 Executive Way Miramar, Florida 33025 Phone: 954-450-7770 Fax: 954-450-5100 "'" ::e "" ~ Q rs~1Zl IZl '" '" <> <> "C ~ .- ~..::.:; ::: <.) 0" os ~~~ i...: OJ) _ :2:= _..c <.) IZl .~ ~ o - '- '" ~=- '" - = '" = '" - "" '" = <II ... ..c = '" ~ = .S! - <II ... - ..... - l:: ...., => .... = ,., OS , = ;Z = "0 iIi ,,'-'" .... ~ <B := E= .8 - - u os '" -:: ~ '"=,, .c 2 os ~t- .. = = '" "1 =: ... ~ := .... = = - ,., '" ::: '" = III <II "'" "". - - '" = ...,. "" - '" '" = ~ <II "" := ... "" ~ ~ '" ~ ...,. 0 >. 0 = '" <.) ..... '" == - = '" .... .... >. = <:= <:= = = =: = '" c:; = = ..... <II "'" = ..... ..c ... '" or::. <..l - ...,. l- - => i = ::e ~ ...... <= = '" ,., :::; .... ... '" .... '" '" = >. c:. <= = '!. i.i = =: ~1 ... -= = - => = ...., '" U "" = - .. Ci "'" =. ~ '" cl c:. ...,. - ~ CD '<0 Iii = '" "'" '';::: IZl "". .... ~ .;: ~ ~ '" '" .... '" 0 t- ~ 0 -~ ~ .... >. -< <= = = = U c:; -..; .... .... ..... <= e '" .... ,., ~ <..l ...,. ...... - - ~ 0 := .... ~ - -. Iii '" IZl .... - O'l "" ...,. ~ '" ell -< 0 '" c.. ..... >. ..c :;l u '" I!l '" - y '" .... '" <= g c "':.:, t- '" '" " ;:..... E '" u ,~: \1-- '" .;: '" OJ ~ E "0 j~ ;Z '" ~ '" \ 0 := > .." '.Ii- '" ... ';j , i)~ ~ - .... := :~ ~" ~ ..c '" u E E '" "l~ ~ ,,'"i~ =- .... = ~ '" >. '" ,., ~ ,:.; = g "0 _"\.""-.:l U := . ":~ '. @ - a '" ~ '" .!a "" = "" - E "0 ~ '" -< / = .... 2 "0 <= - .... CD ..... iE =- '" := ,.,.. 0 ~ := 0 ..... := >- '" >. - Z ., ~ '" '" ~ 0 OJ 0 ~ 0 := N -< N i.i >. ::: - - '" = Ci '" a; .s := i...: '" 0 '" ~ ji..NOte~~ ) := >. NO ~ := - - I I a::: ~ 4 2UOO 0 ueT 2 PG. 4- - <:= EXECUTIVE SUMMARY AWARD A CONTRACT TO FLORIDA STATE UNDERGROUND, INC. TO CONSTRUCT A 12" WATER MAIN ON EAST US 41 FROM MANATEE ROAD TO BOYNE SOUTH AND A 6" FORCE MAIN FROM PUMP STATION 3.17 TO BOYNE SOUTH, BID 00-3145, PROJECTS 70862 AND 73061. OBJECTIVE: To improve water and sewer service to customers along East US 41 between Manatee Road and Boyne South. CONSIDERATIONS: The Water Master Plan calls for replacing an existing 8-inch water main with a new 12-inch water main along East US 41 between Manatee Road and Boyne South. This project includes construction of that water main. The Wastewater Master Plan calls for the County to provide sewer service to customers formerly served by Rookery Bay Utilities, This project includes connecting those customers in Boyne South and Westwinds directly to the County system, On September 28, 2000, eight bids were received as follows: .-- Water $694,181.66 $700,233.50 $733,913.00 $738,699.00 . $815,456.50 $813,356.00 $869,505.00 $1,041,818.80 Florida State Underground, Inc. Haskins, Inc. Strickler Brothers, Inc. Douglas N. Higgins, Inc. Kyle Construction, Inc. Ryan Incorporated Eastern Mitchell & Stark Construction Co., Inc, Cross Country Underground, Inc. Wastewater $77,099.15 $77,708.25 $97,366.00 $99,560.00 $82,957.00 $99,095.00 $78,731.20 $43,857.30 Total $771,280.81 $777 ,941.75 $831,279.00 $838,259.00 $898,413.50 $912,451.00 $948,236.20 $1,085,676.10 The Engineer's Estimate for the project was $725,000. Florida State Underground, Inc, was the lowest, responsive bidder. Florida State Underground, Inc. has a satisfactory performance record on previous projects involving similar work. ~FISCAL IMPACT: Funds in the amount of $77,099.15 are available in the Wastewater \" Capital Fund. Source of funds IS User Fees. Funds In the amount of $628,500.00 are . available in the Water Capital Fund. A budget amendment is needed to transfer $65,681.66 from Water Capital Reserves and appropriate in the project. Source of funds is Water Impact Fees. .,.-. GROWTH MANAGEMENT IMPACT: The project is consistent with the Water and the Wastewater Master Plans, AG(~D~IiE"_l NO.. lit @l1.4L Oei 2 4 2000 PG. I Executive Summary Award Contract Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, award a contract to Florida State Underground, Inc., authorize the Chairman to execute an Agreement in the amount of$771,280.81 for Bid 00-3145, and approve the necessary budget amendment. SUBMITTED BY: f........--'1l-d-, q: 'j;-:./&..u/ DATE: {c/ t C, ? Ci Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department REVIEWED BY: ~~L-_ DATE: to/to ~u ,. , Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department ,'- REVIEWED BY: >! (, ," I, l ,f I, ' DATE: Gwen ButJer,Interim Purchasing Director /1,. i '/ . / , , REVIEWEDBY:~ ~ e Cheatham, Wastewater DIrector /O/J% 0 DATE: REVIEWED BY: ,..--, / ) j . / .:....../;/.",-,-;,....,.,. f:::-- Paul E. Mattausch, Water Director J / / DATE: ;?' I~ '-,;~ APPROVED BY: ,.7 ;/ /<:~/ Jll'llles V. Mudd, Adm~nistra or Public Utilities Division DATE: /o)a./o& RFD:rfd ,.....-,. 'G"D~ ''''ll- NO. II, ((!.)f 3) OCT 2 4 20Q') PG. ..<. >- -- ..... ,. --- EXECUTIVE SUMMARY APPROVE CONSULTANT SELECTION FOR ENGINEERING SERVICES FOR THE NORTH COUNTY WASTEWATER RECLAMATION FACILITY DEEP INJECTION WELL, RFP 00-3122, PROJECT 73948. OBJECTIVE: To increase effluent disposal capacity commensurate with the on- going expansion of the North County Water Reclamation Facility (NCWRF) for alternate wet-weather disposal of excess reclaimed water. CONSIDERATIONS: In response to non-compliance discharges of effluent during wet weather events, the Board entered into a Consent Order with Florida Department of Environmental Regulation (FDEP) on July 26, 1995. Interim relief was secured with a pipeline connection to the existing injection wells at our North Regional Water Treatment Plant. This satisfied the intent of the FDEP Consent Order by providing a back-up method to dispose of excess reclaimed water. However, longer-term effluent management needs justify an injection well at the NCWRF. Presently, there is 8.6 mgd of injection well capacity available for alternate wet weather disposal of public access quality reclaimed water. The NCWRF is being expanded to increase wastewater treatment capacity from 8.5 mgd to 13.5 mgd. Additional wet-weather disposal capacity is needed to keep pace with the on- going facility expansion. Likewise, the need to continue reliance on the North County Regional Water Treatment Plant's injection wells for alternate reclaimed water disposal will be eliminated. ~I Locating the proposed injection well at the NCWRF will also improve the ability to maintain regulatory compliance. Water quality standards for public-access reclaimed water are strictly enforced. Effluent quality is continuously monitored for compliance. Whenever effluent quality approaches, or goes outside acceptable parameters for reclaimed water, the effluent is immediately diverted to designated on-site storage ponds which can hold up to 12.5 million gallons. The proposed injection well improves reliability by providing an alternate means of effluent disposal in the event that the designated storage ponds are full. The County's other major wastewater treatment plant, the South County Water Reclamation Facility (SCWRF), operates an injection well. The proposed injection well will serve the same function as the injection well at the SCWRF. NO. 'i~.{<!Jr:y OCT 2 4 20UO PG. I Executive Summary Approve Consultant Selection for NCWRF Deep Injection Well, RFP 00-3122 Page 2 On August 8, 2000, invitations for proposal were distributed by the Purchasing Department to one hundred and seventy-seven (177) engineering firms. Eighteen (18) firms requested the full proposal package. Three (3) firms returned proposals on or before the established deadline of September 8, 2000. The Consultant Selection Committee approved by the County Manager ranked the three respondents as follows: I. Water Resource Solutions, Inc. 2. Missimer International, Inc. 3. ARCADIS Geraghty & Miller, Inc. A copy of the Ranking Matrix Form is attached. All three firms are well qualified to do this project. Water Resource Solutions, l.nc., has a satisfactory performance record on similar projects and has done work with the County. Water Resource Solutions, Inc. was selected primarily because of their superior project approach and understanding. Upon approval, staff will negotiate a scope of work and fees with the number- one-ranked consultant, Water Resource Solutions, Inc. FISCAL IMPACT: This project is currently funded; however, no funds are needed to select a consultant. The anticipated well construction budget IS $3,250,000. GROWTH MANAGEMENT IMPACT: This project will satisfy growth in the North Sewer Service Area by providing additional capacity to dispose of excess reclaimed water during wet weather as recommended in the 1997 Wastewater Master Plan Update adopted by the Board on July 22, 1997, items 12(c)(4) and 12(c)(5). RECOMMENDA TIONS: That the Board of County Commissioners, as the Ex- Officio governing board of the Collier County Water-Sewer District, approve the final consultant ranking and authorize staff to negotiate a Professional Services Agreement with Water Resource Solutions, Inc., for engineering services related to the North County Water Reclamation Facility Deep Injection Well, RFP 00- 3122, Project 73948. A AT No. OCT 24 2000 Pg. ;;L ,~ Executive Summary Approve Consultant Selection for NCWRF Deep Injection Well, RFP 00-3122 Page 3 PREPARED BY: ~ 4 DATE: Ir~.p Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department REVIEWED BY: ~~Q Karl Boyer, P .E., nterim Director Public Utilities Engineering Department DATE: 'f~o REVIEWED BY: Jo Cheatham, Wastewater Director Public Utilities Division ~ DATE: lO/IQ/O'O . I REVIEWED BY: ,Aile" / IlJd-fd) Gwen Butler, Acting Director Purchasing Department DATE: /0/7/0CI REVIEWED BY/,? }/>1f.. /( DATE: 101.2-/0., James V. Mudd, Utilities Administrator Public Utilities Division Attachment: Ranking Matrix Form 'GENa j(~ NO. II. (! OCT 2 4 2000 PG. ,3 ,.. .J:J "" .. i . .. .. ... . -a Tfl ~ Cl Cl N ~ ... ...zz ... o52~ - fI :liZO 4 ::I~U .. II) II) ;; ... ... ~ o Ul o:wCl ! WU~ 1D:5ll:: .s ~II.! "" z... .. en .. ~ .. ~ z a II) ~ - O:wCl II Q WlJ~ oS - Z ~ !I!:5z ... III ~ ::III.~ 1 en ZeD .... en ~t Cl ~ C) c a II) z ~s :E i z 52 ~r 52 o:wCl ex: III wlJ~ Z <1"1: 0 C Z 1D:5ll:: ~ ~ ..." \I. 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Z .~.-------_.~ _._._-~""....., ~;,~~~ EXECUTIVE SUMMARY AMEND WORK ORDER HAA-FT-OO-02 FOR ENGINEERING SERVICES RELATED TO NOISE ISSUES AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70063 OBJECTIVE: To perform the second phase of a noise study along the property lines of the North County Regional Water Treatment Plant (NCRWTP) to determine any impacts, and resultant required remedial action, the newly-proposed noise ordinance may have on this facility. CONSIDERATIONS: In June 2000, under Work Order HAA-FT-00-02, engineering consultant, Hartman & Associates (HAA), performed the first phase of a noise study at the NCRWTP. The first phase study was based solely on decibel readings. The results revealed that the plant is largely in compliance with the current ordinance; however, additional measurements are needed to determine if the facility will be in compliance with the County's proposed noise ordinance. "",".. Under this amendment, the second phase will implement more detailed noise readings at the property lines, Measurements will be made over several frequency ranges as identified in the County's proposed noise ordinance. Noise will be measured continuously over a 24-hour period during two different plant operating modes: membrane-softening process only and full plant operation. This data will be evaluated to determine specific noise characteristics, to identify the offending plant noise component(s), if any, and to recommend remedial improvement(s) to be made. The proposed schedule completes the work within 40 days from notice to proceed. Original Work Ordet Previous Amendments (Add) This Amendment (Add) Total $ 19,730.00 $ 52,510.00 $ 32.860.00 $105,100.00 "'~ FISCAL IMPACT: Funds in the amount of $32,860.00 are available for this work. The \~ source of funds IS User Fees. GROWTH MANAGEMENT IMPACT: This work will have no impacts on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve an Amendment to Work Order HAA-FT-00-02 with Hartman & Associates, Inc. ,,,-'" ~o..&((?1'-fJ OCT 2 4 2000 pc. / Executive Summary Amend Work Order with Hartman & Associates, Inc. Page 2 n " SUBMITTED BY: \.~,Jl,'\ ~N~\; Date: !i:o/qllJC Peter Schalt, PMP, PUED Project Manager / "', ,) REVIEWED BY: iA.<&L.J I~,,}L Date: Karl W. Boyer, P.E., Ihterim PUED Director REVIEWED BY: APPROVED BY: t ", , .. (OJ'1/00 i ~ .. , I '.f '..---/ ' "...,j,li'1i1~L Paul E. Mattausch, Water Director " ' I I, D t ,t.l [/ 1,'0 a e: . I r. - ...: '/:'I< ..".V Date: tames V. Mudd, Public Utilities Administrator /0 /~..:<---~;;" Attachments: Copy of Amendment To Work Order HAA-FT-00-02 , .G(NOtl 'fG ) NO. II, e .5 , "'" OCT 2 4 2000 PG. ~ / (};.J{.- 7 t#""~ . v , ..."- ",- . (;fW' ;:v CP. ~ vi ' . ~Mj" ,w' /-0 Y J'rll--<V'" .,...; i.,)[,p' (y"\V c", ,~1" WORK ORDER # HAA-FT-OO-02 Amendment No.2 Agreement for Fixed Term Professional Engineering Services Dated December 8,1998 (Contract #98-2835) This Work Order is for professional engineering services for work known as mIl,) NCRWTP NOISE ABATEMENT & SUPPRESSION STUDY (Reason for Proiect) To determine noise sources, ascertain if in comnliance and if not. recommendations for remedial action. The work is specified in the proposal dated September 15, 2000, which is attached hereto and made a part of this Work Order. In' accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HAA.FT-OO-02 is assigned to Hartman & Associates, Inc. Scooe of Work: (List all tasks: Task 1, Task 2, etc.) Task 1 - Field Data Collection Task 2 - Analysis of Field Data Task 3 - Draft & Final Reports Task 4 - Equipment Schedule of Work: Complete work within 40 days from receipt of tbe Notice to Proceed authorizing stan of work Comnensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). ! Task I Field Data Collection S 8,720.00 Task 2 Analysis of Data $ 7,200.00 Task 3 Draft & Final Reports S 3,340,00 Task 4 Equipment $13.600.00 TOT AL FEE S32,860.00 (Jump sum) Any change within monetary authority department approval will be considered Schedule "A" of the Agreement. p~ Scf'-<ill of this Work Order made subsequent to final an additional service and charged according to 1'( l.- jJ.:m Date PREPARED BY, REVIEWED BY, PeHw~chalt,_ PMP, PWED Project Manager "," ,.' ./', ~ / I I, , _ " , J.....yl, ("j /fl/-yJ/.r( _,' Paul E. Matta-uscb, Water Dlfector Date ATTEST, Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County. Florida By, By, James D. Career, Ph.D.,Chairman Deputy Clerk Approved as to Form and L.g~, ~ .-vA Assist t County Attorney Date: iC -3 -00 elb.\~ C _~" A TTESL (Corporate Secretary) By' i::b:\ Signature (or) witnesses (2) (1) (2) Signature Signature AG(,.I)... Print Name Print Na e NO. OCT 24 2000 PG. .!J ~ Hl~2RTIIi.2\::""'i & }-~SOtIl~JfJES~ JINC. ?RINClPAlS' engineers, hydrogeologists, surveyors &: management consultants tW\ ~ 2~ ASSOCIATES; lame:! E.Chrilitopher.P.E Olar1esWDl'lI.l.;e,P.G. Gcr.l.Id C. Hartman. Eli MaXJ.Luke.P'S,M. MarltA.l\ynning,P.E. Harold E. Schmidt,Jr. P.E. WdllamO,Mussc:r,P.E. SENIORASSOClATES: C.z.aclwoyFuller,P.E. Marco H. Rocca, c.~.c. September 15,2000 ).Rlc:hardVoorhees,P:E Dol1!iaS P. Dufresne, P.G. Rodcrtc:k K. Cashe. P.E. Jon O,Fax.P.E. Jame$ E. Golden, P.G. Troy E.l.ayton. P.E Mica E. DUer. M.S. ADdrewT.WoodcOti:. PE. HAl #99-407 00 Lo_"aJonkim.RS.M . 02ryJ C.Walk.P.E. Gram C. Makhow, :o.(.B.A. Jolm P:Toorney, P.E W.ThollWl Rotxns, m, P.E. Michael B. Bomar. P.E '00 3E? Zl REG~ONAL .\tANAGERS Mart:A. Gablid, P:E. Mr. Peter Schall, PMP Proj ect Manager Office of Capital Projects Management Collier County 330i East Tamiami Trail County Government Center, OCPM Building Naples, Florida 33962 Subject: Collier County North Water Treatment Plant Noise Abatement/Suppression Study- Amendment No.2 Dear Mr. Schalt: As requested, Hartman & Associates, Inc. (HAI) is pleased to submit our fee proposal in concert with Engineering Technologies to provide additional services relative to the noise abatement and suppression study at the County's North water treatment plant (WTP). The amendment summarizes the additional work that will be required to monitor the three (3) sites along the property line of the County's North WTP for a single continuous 24-hour period. In addition, the frequencies will be monitored in anticipation with the proposed Noise Ordinance under consideration by the County Commission. Summarized below is our scope of services for this project and proposed schedule. SCOPE OF WORK As we have discussed, this amendment will cover the additional work that will be required to monitor the facility to determine if the noise generated exceeds the requirements of the County. For this amendment we plan on monitoring the County's North WTP for a continuous 24-hour period. During the 24-hour period different operations scenarios will be monitored at the property line of the County's North WTP at three (3) locations. The operation scenarios to be monitored include the following: 1. No equipment operational at the WTP. 2. All equipment operational. To accomplish the additional requirements, we have broken the amendment down into four (4) specific tasks, as outlined below: 201 EAST PINE STREET . SUITE 1000 . ORlANDO.FL 32801 TELEPHONE (4<11) 839-3955 . FAX (407) 839-3790 . www.consulthai.com NO.~~J~{)(c)&;l ORLlliDO FORT MYERS PLANTATION JACKSONVILlE DESTIN OCT 2 4 2000 pc. L Mr. Peter Schalt, PMP Project Manager September 15,2000 Page 2 - I. Task I - Field Data Collection. The work that will be completed under this task includes setting up the three (3) noise/frequency monitoring stations, at the property line of the County's North WTP, Prior to initiating the monitoring program we will coordinate schedules with the operations staff to limit the impact of the above two (2) operational scenarios on the overall operations of the County's North WTP. In addition, during this monitoring period a baseline noise level survey will be conducted, which will result in the development of a vicinity map indicating decibel levels at various locations within the extents of the property. Each of the three (3) sites will be monitored for a single continuous 24-hour period under each of the two (2) operational scenarios. During the monitoring period the equipment will be checked on a regular basis to determine if it is operating properly, general maintenance, and repair the equipment, if needed. All data collected will be downloaded into a computer for analysis. 2. Task 2 - Analvsis of the Field Data. The data collected during this 24-hour period will be incorporated into the work being conducted to develop alternatives available for attenuating the noise levels at the County's North WTP. Additionally, we will inspect each of the pieces of equipment to detennine if there may be a maintenance issue that can be addressed attenuate the noise levels. Probable opinion of construction costs for each of abatement and/or suppression alternatives will be developed. The results of the continuous 24-hour noise study will be illustrated graphically and swnmarized with text that will provide the County with the foundation for the noise abatement and suppression study. 3. Task 3 - Draft and Final Reports. A summary of findings from the continuous 24-hour monitoring will be provided to the County in draft format, for review and comments. The report will include documentation collected during the initial noise suppression study. A conference call will be held with County staff to review the report and discuss any concerns that the staff may have. Immediately following the review meeting the report will be finalized and submitted. SCHEDULE The proposed schedule to complete the project is swnmarized below: Task I Task 2 Task 3 Task 4 Task 5 Task Field Data Collection Analysis for Field Data Collected Draft Report Draft Report Conference Call Final Report Days From Notice To Proceed I 7 7 14 21 NO. 1t"cd?SJ ~ OCT 2 4 2000 pc. ~- Mr. Peter Schalt, PMP Project Manager September 15, 2000 Page 3 . We would need a minimum of I-week notice to have the equipment on-site to mobilize our staff. We have preliminarily scheduled to have the monitoring equipment on-site the week of September 18, 2000, with monitoring to begin on September 22nd at 5:00 PM and ending on September 23m. COMPENSATION Based on the scope of services and the schedule outlined above, HAl has prepared a detailed labor disaggregation for the three (3) project tasks associated with the amendment to monitor three (3) sites continuously for a single 24-hours. Table I is a spreadsheet that details the man-hours for each task for the personnel assigned to this project. The total additional cost for the three (3) tasks associated with the amendment is estimated to be $32,860.00. Please be advised that included in T:lble I, as a separate line item are costs for additional rental of the equipment, travel and lodging and labor that resulted when we had to pull off site due to the heavy rains. Due to this and construction at the County's North WTP we were required to send back the equipment and reschedule the monitoring. We appreciate the opportunity to provide this amendment to Collier County, and we look forward to providing the technical expertise, which you desire in the most cost-effective and viable fashion. Moreover, if you should have any questions regarding this proposal, please do not hesitate to contact me at 1-800-881-3955. Very truly yours, Hartman & Associates, Inc. ~dd~~ldlft. Harold E. Schmidt, Jr., P.E., DEE . ct?- Vice President Attachment HES/cmg/99-407.00/Q&E-184/Schalt3-hes.doc cc: Bilgin Erel, P.E., Ph.D., Engineering Technologies Daryl C. Walk, P.E., HAI-FortMyers .G'NO......T.\": ) NO._ It, ~ IV, oei 242000 pc. 4. . - TAJlLE 1 COLLIER COUNTY J4-JlOUK SOUND MEASlJltlMENTS [3-S1TES) Senior Manager Engineer V Engineering Tech ill Word Processor Total Cost TaskIDescriprion Hours Cost Hours CO" Ho... Cost Hours Co" Hours Cost 1.I Field Data Collection 32 $3,680,00 72 $5,040.00 0 10.00 0 $0.00 104 $8,720.00 2 Analysis of Data 16 $1,840,00 40 $2,800.00 40 $2,000,00 16 $560,00 112 $7,200.00 3 Report Preparation 8 $920.00 24 11,680.00 12 1600,00 4 $140,00 48 $3,340,00 SUBTOTAL 56 $6,440.00 136 $9,520.00 52 $2,600.00 20 $700.00 264 $19,260.00 Labo,. and RerenUJ/ of Equipment due to DeJay and JUzin[all Event: $8,600,00 Equipment Expenses Lodging and Travel Expenses: $5,000,00 Subtotal Expenses: $13,600.00 Grand Total: $32,860.00 'G'.O~ ~T9' ) NO. /~ (l!)( 5 , , OCT 2 4 2000 PG. 7 beslanglcorresplconiertJours.addt.2.xJJ HAl #99407.00 Pap I of1 ~. EXECUTIVE SUMMARY APPROVE GRANT APPLICATION FOR AARON LUTZ NEIGHBORHOOD PARK TO INSTALL A PICNIC SHELTER AND LANDSCAPING Objective: That the Board of County Commissioners approve applying for a $56,250 grant from the Florida Recreation Development Assistance Program, and approve matching funds in the amount of $18,750 for a total $75,000 for the shelter and landscaping at Aaron Lutz Neighborhood Park. Consideration: Collier County Parks and Recreation has received a request for construction of a picnic shelter and landscaping at Aaron Lutz Park. The neighborhood park is used for various camps and programs throughout the year and a shelter to keep children out of the sun and rain would be a great asset. The $18,750 from the Reserve for Contingencies will be used contingent upon grant acceptance by the Florida Recreation Development Assistance Program as part of a match for the grant. After completion of the project, $56,250 will be reimbursed by the Florida Development Assistance Program. --. Fiscal Impact: There is no fiscal impact applying for the grant. When the Florida Recreation Development Assistance Program accepts our application, a Budget Amendment for $18,750 from the Reserve for Contingencies and appropriating the $56,250 grant will be sent to the Board of Commissioners for approval. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners approve an application to Florida Recreation Development Assistance Program for a grant in the amount of $56,250 and matching funds of up to $18,750 for Aaron Lutz Neighborhood Park. Prepared by: jDjii~1i ;;ikv...9r- Debbie Roberts, Operations Coordinator Department of Parks and Recreation Date: q /21) C () , ( Reviewed and _,j;f Approved by: Marla Olsvig Ramsey, Dir Department of Parks and Date: 9/2'1 /t)Co ~ , - /" Reviewed and '- ' , ">' Approved by: ~ ,~~ Leo Ochs k, Administrat r Division of Public Services J Date: ; c: .. ' ~~~ndi41~"1 n f'T ;> ~ ;'000 Pg. I EXECUTIVE SUMMARY APPROVE GRANT APPLICATION FOR IMPROVEMENTS AT AIRPORT PARK IN IMMOKALEE Objective: That the Board of County Commissioners approve applying for a $125,000 grant from the Florida Recreation Development Assistance Program for a $250,000 restoration project at Airport Park in Immokalee, The Grant will require a matching $125.000 in funds from Collier County Government. $250.000 has been budgeted in the FY 2001 Budget for this project. Consideration: Airport Park is used extensively by the Immokalee community for family outings and special events. Airport Park was developed in the 1960's and has a number of the original structures on site. The park improvements would consist of repairs to the pavilion, bandshell, purchase of new playground equipment, security lighting, paving, and landscaping. Fiscal Impact: If awarded the grant, the County will be required to match the $125.000 grant, which is budgeted in Parks Improvement CIP Fund. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners approve an application to Florida Recreation Development Assistance Program for a grant in the amount of $125,000 and matching funds of up to $125,000 for Airport Park. Prepared by: Debbie Roberts, Operations Coordinator Department of Parks and Recreation Date: Reviewed andj .~ /; Date: Ie" Ii? J(t I I ( .., / Date: (( /Ie / Ie ralor 'Ices "'-- ......-. Agenda Item No. J G, P (7- -. OCT ~ 4 2000 pg.-1__ EXECUTIVE SUMMARY . AWARD BID # 00-3099 TO T-SHIRT EXPRESS OF S.W. FLORIDA INC., FOR T-SHIRTS USED IN ~. HHLETIC AND RECREATION PROGRAMS BY THE PARKS AND RECREATION DEPARTMENT. Objective: That the Board of County Commissioners award bid # 00-3099 to T-Shirt Express of S,W. Florida Inc. for the purchase oft-shirts to be used in athletic and recreation programs, Consideration: Bid # 00-3099 was posted on July 3, 2000 with invitations to bid sent to thirty-three (33) vendors. The bid opening was held on July 19,2000 with three (3) vendors responding. The lowest responsive bidder was T-Shirt Express ofS,W. Florida Inc. A bid tabulation sheet is attached for the Board's review, The tee shirt contract allows staff to purchase shirts for participants of our athletic and recreation programs. The cost of the tee shirts are offset by enrollment and sponsorship fees, Fiscal Impact: Funds have been budgeted in various recreation and community center cost centers below: ,~ MSTD General Fund, Recreation Programs MSTD General Fund, Veterans Community Park MSTD General Fund, East Naples Community Park MSTD General Fund, Vineyards Community Park MSTD General Fund. Recreation / MSTD MSTD General Fund, Immokalee Aquatic Facility MSTD General Fund, Golden Gate Aquatic Facility MSTD General Fund, Max A. Hasse Jr. Community Park Golden Gate Community Center Fund $ 19,000 $ 2.700 $ 2,200 $ 2,800 $ 2,700 $ 7,000 $ 1,000 $ 1,500 $ 5.200 $ 44,100 TOTAL Growth Management: There is no growth management impact associated with this item. Recommendation: Staff recommends that bid # 00-3099, a tee shirt contract for Parks and Recreation programs, be awarded to T-Shirt Express ofS,W. Florida Inc. Prepared by: Reviewed and Approved by: Reviewed and Approved by: _ Reviewed and Approved by: - I -ant~k ~.vt James Fitzek, Op ratio,,{Manager Department of Parks and Recreation Date: !()- II-Of) ~ <-a / ~ Marla Ramsey, Dir' tor Department of Parks and Recreation ~~ Date: /o-//-c/?J i- /~ 6" R/ /?i i 1-(.( ,~ } Gwen Butler, Acting Director Department of Purchasing --:-(C;r {Cr c';fi Leo Ochs, Administrator _ Division of Public Services / / Date: / " ( '. ( - 1,1 - - ( , Date: /. - I 5/(-;-. Allenda l.t.~ No. l(Pll 1 OCT 2 4 7000 / Pg. .~ .. rI.l Q) ... .. ... Oll S os ::E <= Cl ... .= Oll ~ ~ .5 'Ql e C;; ... _ 0 ~....i:l. - Q Q .. Q ... .... .. -a-.~ '="'- 00= .. "'" .. ' ~g ,"-' -i:i CE .... u c.S - .-:= = Eo- ,g ... 1)..s: .., = ',", .:; 8 os ~E- .... .... .;..; U := ~ d.l ~ Cf.l~Cf.l l1J l1J l1J .~ ~ ~ .:: os ~ = ~ (,) 0'" ~ Co;;f c: ~ " ........ .... Q Q = .... - "'" Q - .... Q Q <;: .... @ >. - = .... .., ... os Cl gf '2 .., Q, o c: =m ..,.s .. ... .. c: OJ- 00 ... 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I,C> .. .... .... - <= .... ~<::>~<::>= I.(} = II'l = 111 r--:=r--:.nf'i tnQC\C-.:tN l()f'"-. 0\ f-"l!S" ..:,...r~{.Il;.~ .... ~ .., OJ ....ananlt')lI)lI'lll"lano l-;"'I:I""llf"~""""l:!"~-.::I"1I1 ~~~~~..cr:.:.QCi= ;:::EI7~fi;I7,^~EI7W'7f:;1!} = ;;;l .., 'QD > = " .... ~ :; CIl .- '" t:. 0 "C Oll .. '" "C "2 ;.'=- 0 dol ~. Oll .., I"""l ~ .. ts "-" 4) l- .~ U') ~ ~ "~ .., ~! S~ S'7 .s ~... "'0 co..J. I ...... 53E..gta,x ~ 00 CIl'<o...J XX u l'::::l~~~~':;:.:;:' ~:g:g:g.e:g~.g:g ....<<<<::<-<<< ~~~<::>~=- ~"'InQlI'l==ii1 -...-.lffi""ll:t....-j...,.-j '"' U a i:l. Q .... ~ ...l -< .... o .... ~ ~ =' .... ... ..e- .... .... .. .. .. ~ ~:: ~ <::> .n '" ..,. orl .... .... :> ..., - .. = In ... .., .., -- .., 01 ..., >.>.~ ~ ~ .n ClC ..,. ..: .... .... :> .., - .. = ~ = ~ ....=.... .." "C .. "C .~ ~ :c ... e j ~ ~ ~ .......' ~ 8.... "9,:. :: ~ == ;: < t: tl,.) -a:: - .. -< e OJ .. ~ ~ "E "OJ 's ~ .... to = ... or:> c~..."C? .- - ~ c::: >-. 1;; e,.. e QI f1) "5="=,$ = = a. "'C Q) O'tI:li:l.<:::<: ~ en ~ ~. be / 4 20 0 p" :2 ~ - o ~ .., Cl ~ -', i ) '-.) '< J . '" o on E :: ~ os S o Cl I ! ~i .... Q:I ii on .., :: ~ EXECUTIVE SUMMARY PRESENTATION OF THE FISCAL YEAR 2000 ANNUAL REPORT OF THE COLLIER COUNTY FILM COMMISSION OBJECTIVE: To present an overview of Collier County Film Commission operations and accomplishments for fiscal year 2000. CONSIDERATION: On October 10, 2000, the Board approved a professional service contract with Ms. Maggie McCarty for the operation of the Collier County Film Commission, According to the terms of the contract, an annual report shall be submitted to the Board of County Commissioners no later than October 30th of each calendar year. The report covers the period beginning October 1, 1999 through August 31, 2000. FISCAL IMPACT: There is no fiscal impact associated with this report. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this report. RECOMMENDATION; That the Board of County Commissioners accept the Fiscal Year 2000 Annual Report of the Collier County Film Commissioner, ;41 \./aJ ~. SUBMITTED B .-: t, r ~ Date: 10/12/00 Kathleen McLarty-C enter Executive Secretary to the Public Services Administrator APPROYED BY: "---.' .....::,1 / t........---. I ~ _-___, -' ,"", , I {' '" \, Leo E. Ochs, Jr. Public Services Administrator Date: 10/12/00 Ikmc ....~. Aljen1" -l t~... No .../Jp b If OCT "' 4 2000 Pg. J ~, Collier County Film Commission --- Annual Report to the Collier County Board of County Commissioners October 24, 2000 Ag.ndl'. tt~ No.-J.(f D 't 0[1 t .;dODO Pg. ~ SOUTHWEST FLORIDA Dear Commissioners: On behalf of the Collier County Film Commission, I om very pleased to submit to you on Annual Report on the operations and accomplishments of the office. The Collier County Film Commission is dedicated to creating on awareness of Collier County os on advantageous location for production and to enhance the local economy through revenues from industry production. In its first year of operation the film commission con report: . 1, 255 hotel rooms filled . 438 locals employed . $659,000 in production revenue generated . 100% response to 011 qualified leads . publication of 0 local production directory . publication of on award-winning marketing piece . establishment of 0 local revenue tracking system . development of 0 photo location library of close to 100 local sites With 0 budget of $68,000, actual expendi,!ures incurred were $51,833.76 In other words, for every $1 spent 0 return of $12.72 con be seen in direct spendinl:!. in Collier County. As on advocate for 0 state tax incentive for film production, the commission joined with the state office of film and other local film commissioners in lobbying for and realizing the passage of Senate Bill 804. The State Film Commissioner also recently responded to on invitation to visit our area for the first time and address the local production community at on open forum. To achieve 0 goal of enhancing Collier County's shore of the $4.6 billion now being spent annually in the state by the film and entertainment industry, the film commission must be competitive in its outreach to developing markets. It must continue efforts to strengthen local crew and support services in our area and it must remain focused on distinguished client assistance. Respectfully submitted, ~y~~ Collier County Film Commission AQ~np)L- 1 t.pm NO ...1/!!)~-'L o C 1 2 4 2000 Pg. 3 755 8th Avenue South' Naples, FL 34102 . 19411 659-FILM . Fax 19411 434,3049 Collier County Film Commission 755 8th Avenue South Naples Florida 34102 Ph 941.659.F/LM Fax 941.434.3049 Em Collier Film@aoLcom Client Activity Report We are requesting the following information to track total production in Collier County each month. Please mail this completed form to the address above or fax it to 94 J .434.3049. If there is anything we can do to better serve your production needs. feel free to let us know. This information is confidential and is used solely to report production activity. Thank you for your cooperation. Production Company: Project NamejTit/e: Type of Project: 0 TV Commercial 0 TV Series/Pilot 0 TV MOW/Special 0 PSA o Feature Film 0 Industrial CI Still Photography 0 Documentary/Educational Shooting Dates: Location(s) Used: Estimated Amount Spent in Collier County: $ Number of Locals Employed: Total Hotel/Motel Room Nights (# of rooms x # ofnightsj: Name of accommodation Use of Local Businesses: (please check all that apply) o Boat rental o Car rental o Catering o Dry cleaning/laundry o RV/Motor home rental o Hardware/Lumber o Production equipment CI Studio/Office rental/lease o Retail props o Security/Law enforcement CI Restaurants o Retail supplies o Other: Additional comments: ~~~YG ~6r1 I o C 1 2 4 2000 I Pg. g $1 20,000.00 $100,000.00 $80,000.00 $60,000.00 $40,000.00 $20,000.00 Collier County Film Commission ANNUAL REPORT October 1999 - August 2000 REVENUE BY MONTH I $- Qct.99 Nov-99 Dec-99 Jan-OO F.b-OO Mor-OO Apr-OO May-OO Joo-OO Jul-OO Aug-OO '" Highest production dollars - December $113,640. and July $105,60l. '" Lowest production dollars - February $17, 13l. '" Trends - Seasonal print work 3 Ag.nd.a. Item NO.-/ {p J:J. t.f- O;gT.~ Collier County Film Commission ANNUAL REPORT October 1999 - August 2000 PRODUCTION ACTIVITY Location files.................................................................... ..........................92 Production leads.......... .... ......... .............. ..... ... ......... ... ..... ..... ....... ......... .........166 Locals Employed......................................................... ...................... ....... .438 REVENUE & HOTEL ROOM NIGHTS I Hotel Room Nights... .............. ............. ............... ............... ........... .............. ..1,255 Production Revenue Reported.................................. ......................................... ...$659,478.00 Annual Budget...... ........... '" ............ ........ ............... .............. $68,000.00 Actual Expenditures......... ............ ... .................. ... ................. ..$51 ,833.76 Return on investment ..............................................................$1 : $12.27 Economic Impact...... ..................... ................ .......... ............$2,308,173.00* I .Office of the Film Commissioner Economic Impa Muftipf.io,ntf;a/,- 'A.. No. Iii. J.j If- 2 \ ! i Pg. Collier County Film Commission ANNUAL REPORT October 1999 - August 2000 ACTIVITIES I '" Trade Shows/Conferences ShowBiz West National Association of Television Production Executives Locations 2000 Film Florida Independent Film Market '" Sales Mission New York City '" Production Directory published and on-line '" Location Guide [Gold ADDY Award, FL PR Assoc. Award of Distinction] '" Memberships Association of Film Commissioners International Film U.S. Film Florida (Board Member) Florida Motion Picture and Television Association, Southwest Chapter (Board Member) Marco Island Film Festival (Board Member) J - '" Operations New Office Location Revenue Tracking System Client Management Database Website Location Library Permitting Monthly Production/Activity Report '" Public Relations Rotary Club Central Florida Convention & Visitor's Bureau _,'" Naples Press Club-Future of Immokalee Tour Farm City Barbeque Leadership Collier Leadership Bonita Welcome to Florida! Naples Area Chamber of Commerce ~ ConsefWl'lCy of Southwest Florida-Pepper Ranch -<IF " .~ 5 ,t , I Age"M. Itelll No . t'4--b<f- OCT 2 4 2000 Pg. Collier County Film Commission ANNUAL REPORT October 1999 - August 2000 REVENUE BY TYPE I New media Doc Post-prod i Pre-prod Print '" Print and tv commercials dominate, few national commercials '" No feature films '" New media - Internet content demand increase AgenH:_ I~" NO ..JJf b <f- aCT 2 ~ 2000 Pg. 4 -"_._._'~"".. Collier County Film Commission ANNUAL REPORT October 1999 - August 2000 SCOPE OF SERVICES I The role of the Film Commissioner is to market Collier County motion picture, TV, commercial, documentary, new media, music video and still photography producers. Duties of the Film Commissioner shall include but not be limited to the following: 1 . To solicit industry production to the area 2. To provide pro-active client support services for all film, TV and prints projects 3. To maintain the rapid response time for lead/inquiry responses 4. To educate the local community about the Film Commission's purpose and benefit to Collier County's economy 5. To develop and foster a good relationship with all city/county/state entities for film production support and cooperation 6. To work with local business in developing an atmosphere advantageous to production 1. Solicit industry produdion to the area a Attend industry trade shows a Make sales calls when in Los Angeles and New York a Potential clients a Established clients a Develop a location web page a Work with State Commissioner a Work with Film Florida Los Angeles liaison a Mailings to producers in pre-production 2. Provide efficient and professional assistance to all film, TV and print projeds a Rapid response to all leads a Establish and maintain location library a Produce a production guide a Produce a location guide 3. Provide rapid responses to inquiries a Develop catalog system to inventory locations a Create a location library that exemplifies the unique look of the area a Outreach to all Collier areas for locations a Continually update and expand the location library a Maintain relationships with local professional photographers for services 7 Aganda It.... No-.JJp b '-i- OCT 2 4 2000 Pg. Collier County Film Commission ANNUAL REPORT October 1999 - August 2000 ... Politics Florida Government Rules & Regulations Committee Hearings Sen. Burt Saunders State Film Commissioner Rebecca Mattingly Film and Television Action Committee, Los Angeles '" Production Resources The Naples Studio Florida Gulf Coast University Fiddler Productions Last Stage Out of Town FSU-School of Film VTV Main Sail Video No Sweat Productions Youngquist & Co. South National Educational Video Media One ... Press Naples Daily News Ft. Myers News-Press Florida Blue Sheet Location Update Film Florida Hot Sheet Locations Magazine Naples Illustrated Agen\!, Lt".. No .-IIP ]) t..f OCT, 4 1000 Pg. ?J 6 Collier County Film Commission ANNUAL REPORT October 1999 - August 2000 To concentrate on primary target industries: print advertising/foshion, new media, television commercials, feature films, TV MOWs and series . Project-specific ads (as needed) in trade publications . Include local collateral piece in all packages . Provide comprehensive location files . Require all location files meet industry standards . Place ad in production guide for film office . Timely comprehensive response to leads . Timely follow-up with clients . Soles meetings while in Los Angeles and New York . Participation in film industry trade shows, including ShowBiz West, ShowBiz East, Locations, National Association of Television Production Executives . Press releases and story placement in trade media . Develop a professional collateral package which reinforces the images of Collier County as a unique production venue . Maintain good working relationship with other local film commissioners . Maintain good working relationship with State Film Commissioner and staff To coordinate and foster a good relotionship with all city/ county/state/ government departments affected by the film industry . Include city and county departments on mailing list for press releases To work with local business in developing an atmosphere advantageous to production . Timely follow-ups with clients to assure needs are being met . Continue familiarization with local production facilities . Continue familiarization with local accommodations . Continue familiarization with local businesses whose services could be utilized during production -, Ag.n9? lt~.. No .~D 'f OCT 2 4 2000 Pg. II 9 Collier County Film Commission ANNUAL REPORT October 1999 - August 2000 4. Educote the local market . Story placement in local media . Press releases to media . Public speaking 5. Develop and foster a good relationship with all city/county/state entities aHected by the film commission . Inclusion of city and county in revenue tracking . Facilitate permitting . Work with Collier County and City of Naples law enforcement and fire officials . Work with FDOT · Work with The Conservancy and the EPA 6. Work with local business in developing an otmosphere advantageous to production . Meet with owner/staff of local production companies . Maintain local production directory . Meet with sales representatives from local accommodations . Public speaking to local organizations and associations Program of Action To maintain excellent and eHicient support services to all film, television and print projects. . Continually expand a location library by at least 15 files per year . To participate in a comprehensive annual Florida state production guide . Publication of local film production guide . To provide 24-hour availability to clients . Facilitate permitting . Provide timely, comprehensive responses to all leads Agenp....l t.e;.. NO'../Wbtf- OCT 2 4 2000 Pg. /0 8 CAMEOS . actlon! UY QAf'HN[ NIKOlOrGUi..OS arty will never forget the day she w;dkcd lhr()ll~ll Ill,' dUI1I",\ or IlK fillll schnol ;11 UIl1\'nsily or Sil\lllll.:rll C:dif\lrni;l. III those J1j'c-Spll'lhi.:rg ;111.1 I .11i.'::I.\ Ii:,}:.. the 1l0W-LlIll\lIlS ri!m .'iClh)ul \\,;IS l1lcldy a (l)llvcn~d h;lrn WIII1 ::I';II"J'ill .\,~I';l\\'kd ;ll":W,S till' (1\1:';ll1l'(: "1~l';dIIY ':1\\1" Ill'lc' !'ILII \\,;1:-;1 lllllllll~~ Pllll\! 11\ ,\'!l( ';\lly'" lik. "I \)n'::1110111y pl:lIllll.:d lu ~u 111\.1 I"w:' she :;:1)'\. "Hut bl'inS ill 1111:-' h\llbcd \11" cn':::lllvily d1:lllscd C\'i.::ry- Ihll1;~,. llr...:11 II W;I., ;\ c;dlill); I'lle IlK:' -\I~d lj(l\\. l)lIriil~: h,'1' ,,';11,'(1' III flJil1 jlm,lUCli\lIl. ~1(C\l'IY h:lS wUI'I..;cd UJ1 (';()1I111k.\.\ lllll.\ic "jdcus. thl' Il)lll;()Il PIClutC /:/ushdilIlU' dill! ;1 .\J1l0rg:1S- hord \11" P,'\1j":;..'IS ror :lclrc........ CIlldy Will1;\Jns al P;lr::mOllnl ;lIHI. I::ler. W:1I1 DI.\1K)' Piclllrl''\. But 11 \\':IS))'[ unlill'elxllll) lll::l shc l;lIld~d ht.:l Idc:i1.i1lh ~ Collin CDUIlt)' !:il:\l ('0l1i11II....\I0l1l'l. "hll' IlK. II'S :\ .src:ll puslllnll," S:I)'S rvkC;II'ly, W)1\1 hcc:\llIC tile dlUIlI)'\ Ill'sl 1"11111 COlllJ1\iSS10I1l:r \\lk'Jl Ihc SUlllhwc"'l 1;lund;\ hllll COllllllissioll exp:\llL:cd III illcJlIdt.: ;1 1'1I11-li111C N:lpk... orrice. "I\'c bC~ll Illlhe induslry ;1l1l: know \\'1\;\1 it's likc III Pllt;1 prlllluClilll\ IO,Sl'lhcr. Bull'ln :iI...\) c.\ciled ;I(l\.llii prnl11ulillg illY O\\'I) CllllllllUilily and bring- IllS pmili\'c cC\ll1ulllic Il11pdCl [0 till..: :ll\~a," Tholl~h i'YkClny :ldl1lils th:11 Collin COUlllY i.... ;\ sceolllbry rdm m;ll-kL:l (a.... ()ppu....ed 10, :-.;\), O!'i;llldu or Mi:\Il1i), ....he hclicve.... demand i:-. Oil llle upsw1nS. Scvcr:lll'\)111111eI'Clals alrcady ha\'c hcell ....hut Ih~TC :11,,1 lek\.I....inn 1:-. bet-Inning to :-.i1OW all 1111..:r,,:sl, Cll:~lp:II1IC.... like J. Crew ;lnd L.L. Ik:lll ha\'e dOll\.' C:il:dllb', phulo shoots 011 lhc h..:;ICh..:.... and Life 11l;1t-:i/.illl' 1\~(l'lllly did :1 Ll:-.bion :-.l1ool III N:ljiks, And why nl)!'? "Clllli.::r C\lUlll)' 11;IS ....0 mallY diver:>l' lllub:' :-':lY:> i'\'kC:lrly. "Tlll:l"l' i... 1:\'\.'1"- gl:ILk:> City. [hc SOjllll:>li;..':llillll \11" Gul!"-i"rulll hO!1le.... the ShOpplllS dislricls or hflh i\Vt.:llllC :llld ThirLl Slrl~cl Soulh. It \::lpl sr::il~ IO\Jk ;111\! tIll: rll.\lii.." CI1;lJ"ll w;:'. ;1 I(I:;~', 1IIIIl' ;I!;\), )1 11:1:-'I1'l hcCill;\Ppcd yel:' !'<~ "r\\hW~n~6'i tcl)':lllil!)..; 1<1 OCT 2 4 2000 Pg. .., ddil Obituaries/State no THE NEWS-PRESS, WEDNESDAY, SEPTEMBER 20, 2000 58 S DEATHS - :::e an dians Lee JENS fARD :kson. n9 0 wo, ,on of li,inor West nooer sbu'~g, hficid, ~ultonl h the wes 0 ~olory ) cnd City loving olong en M. Conie -Ie wos :rher in e ecle- I. 26, H!! ForI isciples Rood, :horlcs 'cled 10 ome. _RDENS EYARD IGH J . lh _O:l. .,rist on ,ulh......esl in ForI denl of I Myers ',)osl 12 moving ',m her ;n I, OH. ~al com- lnd cor- nalure n;:r many i femily ds whom ..-,,,.J.-.,-;"" Information m the Deaths column IS printed free of charge. To place a listing call 335-0324. Lee County BARTUR. El1ZABETII M.. 84. Cape Coral, died Sunday. Burial in St. :-'.1J,fY"S CemeterY, Evcq,.'Tccn, IlL ' . CARl.50N, \VllllAM. Fort ~\:lvcrs, died SJturd.1Y, Funl:r3.i sc;'vices tod:I'Y. .mangcmcnts by HJ.fvcy-Engclharcit-:vlctz Funcr:ll Home. Fen Myers. CROUCH, W1llJE M., 86, Nonh Fort :i\1vers, died Sarurdav. Arrangements by National Cremation Societ\'. CUNNlNGIMM DAVID N., 79, Fort Myers, died Sunday. Funeral services today. Arrange- ments by Fort l\'lyers !\h::mor;ai Gardens Funeral Horne. HALM. CHARLOTrE CA'IRE!<mE, 80, Fal1 Myers, died Tuesday. Memorial Mass Friday. Arrangements by Kiser Funeral Home. LYONS,JON A, 53, Fort Myers, died Sunday. Cremation arrange- ments bv Cremation 500 Inc. MARTIN, FLORENCE, 80, died Sunday. Cremation arrange- ments by Cremation 500 !ne. SCHNEIDER CYNTIiIA A, 48, Cape Coral. died Monday. Cremation arrangements by Horizon Funeral Home &. Crenution Center. SMITII SR., GALVIN M, 82, Cape Coral, died Monday. Arrangements by National CrcITl.1tion Society. VAN ARNAM, FRANKL Fort Myers. died Tuesday. Arrange- ments by Lee Memorial Park Funer~l Home, Collier County BRUDlE, BARBARA D., 64, Naples, died Monday. Funeral serv'iccs TI1Ursday. Arrangements bv Walter Shikam..'s Bonita FUneral Home. . Out 01 Area ....._~~"__.'!T'~.Df .,T, ::(1 I State team out to woo filmmakers By AUSA LaPOLT The N~ws.Pres.sTal\ahassce Bureau TAl.L'\l-L~SEE - While his brother bashes the film industry in his political race for the White I-louse, GOY. Jeb Bush scnt a tC3I11 to a film industry bash to bring more Hollywood mon<:y to Florida. The state's film comr.1issiona is J..'11ong those scnt to a New Yo:k convention to entice mo\-iemakers, television produc. crs..:lnd indusrrv cxccutiv~s to do business in Florid~ "Our job is to promote the state and market it ... a.nd make sure Florida contir.ucs 35 a dominant production center," said Film Commissioner Rebecca. Dirden Mattingly in a phone intcn'icw trom New York. The uip, as \vell as a reception Tuesday for some 800 industry professionals, is costing the state about $5,000. The rest was under- written by private businesses including Universal Studios of Florida, she said. . The entertJinment industry has become a focus of the prcsi- dcntial race bl.::tween Bush's older brother, Te= Gov. George W. Bush, and Democratic opponent Vice President Al Gore. lAst week, Gore admonished the industry for nurkcting vioIcnt entertainment to youngsters and called for stronger regulations if they didn't shape up. G~orgc W, Bush criticized Gore for accepting campaign contributions from the mOl industry. A group of Hollywood executives raised more than $3 million in J fund-rJ.iscr for the -Democratic Natioi1al Committee earlier this week ill Los Angeles, "I think it's re:illy a false issue that comes up every election YC.1f," said Fred Duplantis, execu- live director for Tcaffi Santa Rosa Economic Development Council, Politicians should let parents decide the movle content and industry ratings that are accept- able for their children, he said. The business recruiting trip is the fust of its kind in which state, ]teivate businesses and local film oirkes have teamed up to pnr mote Florida as a place .to fllm music vid<.:os, mOliun pictur<.:s, television conuncrcials and oth- ers, King said. Kennedy Space Center has been the backdrop for the motion pictures "Apollo 13" and "Contact," as well as the recent release "Space Cowboys.... The state is billing itself as a film- friendly place, especi:illy as the nc\\! Ftorid:J. Film Commission offers ~J.Sy bIJ.Smess permitting and help setting up pa;Tolls through banks. There are about 200 5l'.>:lios and sound stalJ;es across th" according to the commissiol Besides the warm. wC::lthcr. the Sunshine State offers cntertain~ m'cnt executive::; a place without state incoffi<': tJ..\:cs and strong unions. The Legislature carlil.::r this year passed a law that makes it c;lsier for professions to gl.::t sales ta.\: breaks on tilmrnakim.! equipment they lease or buy. ..... Maggie McCarry, head of the Collier County Film Commission. is among those attending the trip. - ContJct AlisJ LiJI'o}t at (I!5()) 222-8384. Barkley Place Retirement Community . Backed by our consistency of Ownership, Management, Amenities and Services. . Experiel1ce the Difference and the BEST hat ~~.n,~ Dtti'. Southwest Florida has to offer! .~ I neT 2 4 2000 ifference'l,9- Pg. ary . ..,..- . Consistency of Caril19 Always Makes the Celebrating Our Twelfth Anniv Just Like Our Residents, We Keep Getting BETTER With Age! 'L \. -,. ~' ,turday, September 23, 2000 DINOSAUR DRAMA ,rector of photography Robert Bock of Montreal, left, gets set for a 360.degree pan of foliage with producer John Copeland of Californi anch and Preserve in Immokalee on Friday. The crew is filming the backdrop for a Discovery Channel show, "When Dinosaurs Roamed sa Krantz/Staff (2) BY CHRIS W. COLBY Staff Writer A 'I)'f:lnnOSaUfus Rex thunders out of the grove ortrees that surrounds the field. The monstrous carnivore lumbers on its two beefy legs towarc1 the hei'd. It's lunch time. The teen-age T-Rex can't kce up with the smaller, squat Triceratops " nn ~n4: iIi' . three-horned beasts eSCll})C, S he m -.!( i- ',., .. keep hunting to satisfy his ine 'sant . 'hi W fiI ing the backdrop for "When Din' hunger. nrT 2 A'" t f th' d ' And just ofrto the side arc a ami\i'J\' / 0 menca, se s up or elr secon 2~ Pg. D of shooting at Pepper Ranch and Preserve in See DINOSAUR on Friday. Collier ranch serves as backdrop for Discovery Channel's dinosaur show ~OKALEE - In a clearing of IT y grass and fool-talll'ceds, a herd of h.C dinosaurs grazes. It's shortly after 2 in the afternoon, and the sun scars unforgivingly. The sound of the Triccratopscs che\V~ ing on the soll: grass and of the eagles screeching as they soar overhead,is interrupted by a bellow so primal, '0 guttural, it shalters the pastoral scone. -'"'~---... :!E Friday, July 21, 2000 SOUTHWEST FLORID~ :.\'uplro lJui! HONORS Robb & Stucky of Fort Myers has named its high sales achievers for June. Interior de- signer Janice Heidman, IDS \\'a5 the top performer for achieving sales of more than S200,000, DeSign consultant Lark Schullz and interior de- signers Connie Davidson, ASID, Charlolte Conklin, IDS and Sharon Chatham Sullivan, 'ASID were rceognized for supe~ rioI' sales performance. RELOCATIONS TrOllik Sun Fruit & Nut, a can- dy store at Coastland Center nlal!' is relocating and will re- open in latc August. It is mov- mg from a store'front site to a kiosk setting near J.e. Penney. DEALS P<ltehingtol1 <.it Berkshire Commons ha~ exceeded its salc~ plan for the second quar- ler of 2000. Hiupcr Partners Inc. was awarded a contrad by Miromar Dc\-c'!opnwnl Inc. to c!esign the expansion and completion of the "Iiromar Outlet Mall in Es- tero The final Phase III of the designer outlet mall \'\'ill in- clude 280,000 square feet of re- tail ,:.;torcs. restaurants plaza areas and parking. This is the completion of the mall con- struction that began in Novem- . bel' 1998. At full build-out, Miromar Outlet !\Iall will en- compass 680,000 square feet. Kai M. Fuhrmann, ALA, is the project manager. The Naples Philharmonic Or- . ehcstra has received a $1.2,5-millioll cndo\'.'nlCnt from the Helen F. Whitaker Fund to be paid over the next five :-,'cars. The grant is conditional on the orchestra matching the endowment over that period of time, The Helen F, Whitaker Fund, based in Mechanicsburg, Pa., was endowed by Mrs. Whi- taker, a former Naples resi- dent, upon her death in 1992. The mission of the fund is to enhance the status of classical music in this country by provid- ing support to non-profit orga- nizations. DESIGNATIONS Holland T. Salley Inc. has made the following announce- ments: . Dina Petrelta has been awarded the Allied Member, American Socie- [' ..'_ tv of Interi or .' ~:r/ Design CASIDJ /,i designation. She ./ became \....orking I;::; as an interior ,i' designer after /_-;." completing sev- "'1.~,._ . eral years as an assistant to a senior designer. Petretta . Linda Burke, ASID Member, NCIDQ, has completed the interior de- sign for the offices of Dr, Alan Fue- recti. A native of Spring Lake, Mich., she *". earned bachelor and master de- grees in interior design from Michigan State TJniversity and completed post- Burke graduale stud- ies in Paris and Rome. She has 20 years of interior design expe- rience, including teaching de- sign at the college level and owning/managing an interior de- sign company prior to relocating to Naples 10 years ago. A com- mercial and residential spccial- ist, she joined the company in 1989, ATTENDANCE ~ Collier County Film Comlllis- sioner ~Iaggie McCarty attended Variety's ShowBiz Expo in Los Angeles. The trade show was attended by more than 19,000 industry profes- sionals, indud- '~1'( i n g cinematogra- phers, art direc- tors, producers, ,v('" writers, produc- tion managers,'; ~ lighting direc- tors, film/video editors, diree- McCarty tors, visuai ef..: fects supervisors. technical managcment and post-produc- tion supervisors. Meanwhile, the Collier County Film Commission office' has been moved to The Norris Center in Cambier Park, 755 Eighth Ave, S, The tele- phone number remains 659-FILM. ~:,. '^ /" ...\ Humiston & Moore Engineers of Naples has made these an- nouncements: . Ken Humiston, P.E., will speak at the National Beach Preservation Conference in Maui, Hawaii next month. The annual conference has an in- ternational scope and \vill fo- cus on techniques for managing coastal erosion and beach loss. . Mohamed Dabees attended the International Conference on Coastal Engineering in Syd- ney, Australia, where he pres- ented a technical paper on applied uses of computer mod- eling in designing erosion con- trol projects. He joined the firm in January after obtaining a Ph.D. in coastal engineering from Queens University, Onta- rio, Canada. APPOINTMENTS Donald J. Garretson, project director, has been named an associate of Johnson Engi- neering Inc. He has been an employee of the firm since 1973 A .ndt"Jt.9 No,__ j(pD If- OCT 2 4 lOOO Pg, 1 I I ~t '~~~ .. .:a: "'0 ~:::> ./1. !~~~ E ....; o Q. Ll.~ ~>. c: "" :i2~ 1JtI: ~ >, ".0 """0- <II<!' ;'0 c:M <II.J. >M <II<!' Cl::- C:<!' 00- .~ 9 .!a ~ E U EE o >< u~ Eo ::8 Ll.N ~f- c:V1 ;,=> 01.:1 u~ .. '- <II 0 .- ..... =i'3 o "" Uo o o o N LJ"\' '- ,S:! o u .S c o .." u ::J 'O~ o c a.~ _.0 ;g E o (j) ~J: -""~ U (j) (:! > ~ "" ..S:! o ~ c~ o ::J ",p ... 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'~d e t.I -( ~ U II ~ 01 .. c)cl f ~ ~ E 01 'c - o Ii; D E OJ C x ~ E o [" '0 Ii; D E OJ C " l:J .<: 01 'c o ge.\1'l,,,,_ltejD, ~i!io.Urt:'l) y f--OECT~ 4 000 Pg. Dinosaurs Continued from lA and a film crew recording the contest between predator and prey. The crew members, however, didn't see any dinosaurs, didn't hear the war cry of the T-Rex, di.dn't feel the ground shake os the Triceratopses scattered. As the crew stood in the field on Fridoy, it saw a group of 5-foot-tall sticks with tennis balls impaled into them. It guided one camera - mounted on a 32-foot-long boom thot swiv- els back and forth and up and down - in different positions to film from whot would be the di- nosaurs' perspectives. What is being shot is scripted. The crew - Evergreen Films from Pocific Palisodes, Colif. _ is ot secluded Pepper Ronch in almost-as-secluded Immokalee to film the bockdrop for what will be a Discovery Channel show called "When Dinosaurs Roamed America." The group arrived Wednesdoy and until its departure the first week in October, it will take a script prepared by "paleoart- lists" and shoot one part of whot will be 0 four-chapter, two-hour show to oir July 15, 2001, produc- er John Copeland said. The crew will then move on to rural Alo- bama and a few slighlly more exotic locations: Tanzania, New Zealand and possibly Argentina. The crew was hired by Discov- ery Channel and has worked with a computer animation firm called Icestorm Studios in Mon- treal. After the crew finishes "shooting plates," the paleoart- ists will superimpose computer- generated dinosaurs Over the backgrounds to enact the scene between the T-Rex and Tricera- topses. '..-.,-. Copeland chose Immokalee after Cr,lIier County Film Com- missior,er Maggie McCarty heard about the project and sent pictures of the diverse land- scapes of Pepper Ranch. Cope- land and the film's director, Pierre de Lespinois,said the area is perfect with. its cypress trees, conifers, pines and palm~ ettos, wildlife, virgin marshes, swamps and ponds, and thick underbrush and forested areas. The privately owned ranch hos been in Gene Hearn's family since the 1920s and has been vir- tually untouched by humankind. "This is a good modern ann- logue for what South Dokota looked like 65 million years ago at the end of the age of dino- saurs," said Copeland, who noted that the North American continent and its climate has changed drastically since the prehistoric ages, something that's apparent when one con- siders that South Dakota, the setting for this film, looks little like Florida now. Some of the backdrops will be enhanced to include "smoke" _ special eITects such as haze. "We're not trying to produce a documentary. We're trying to in- sert some dram" into the film to make it a live' action show," Copeland said. It's an art that is an exact sci- ence. Pnleontologists who are ex. perl" in dinosaurs participated in the script writing and will serve as narrators. The scien. tists have helped guide the crew so it knows what and how to shoot. The poles with the tennis balls represent the Trieera- topses to give animators a guide for distance and heights within the background. As director de Lespinois watched on a monitor, the crew swiveled the camera on the boom, with a maximum height of 29 feet, which would be close to the height of the T-Rex's :eyes. . On the ground nearby, anoth- er pole has a white Styrofoam ball on one end to measure lighting and on the other end a ball painted brown, similar in color to a Triceratops, to show how the sun would reflect off the dinosaur's skin. The 12-person crew, three members of which are locals hired for this leg of the film, stood in the field as dragonflies and tiny insects swarmed around them, and members downed bottles of water and so- das as the sun above scorched them. The crew members thank- fully had the assistance of two of Hearn's swamp buggies to shut- tle them and the equipment from a small dirt access road next to the field. Three members of the crew hurriedly erected a tent, as thunder boomed in the distance ond threatened rain, to shield the rare, expensive camera equipment. Copeland, who has worked on a variety of films, in- cluding a sci-fi series and ad- mits he is 110 expert on dinosaurs, bragged about the crew's high.definition cameras, which are digital and will give the film the same visual quality as movies. Copeland said there is no evi- dence dinosaurs ever roamed Southwest Florida - as de Les- pinois noles, Florida was under the Atlantic Ocean at that point millions of years ago. ~~~j(} 't<f OCT 2 4 2000 Pg. EXECUTIVE SUMMARY RECOMMENDATION TO ENDORSE EFFORTS TO REPLACE LOCAL MATCHING FUND REQUIREMENTS FOR THE HEALTHY KIDS INSURANCE PROGRAM WITH STATE FUNDS OBJECTIVE: To obtain the County Commission's official position regarding the replacement oflocal matching fund requirements for the State of Florida Healthy Kids Program and communicate that position via the enclosed letter to the Governor's Office and the Florida Healthy Kids Corporation Board of Directors. CONSIDERATION: The Florida Healthy Kids Corporation is a public/private initiative created in 1990 by the Florida legislature to facilitate delivery of comprehensive health care services to the State's uninsured school age children. The program is funded through a combination offederal, state, local, and benefiting family contributions. ,-- The Collier County Healthy Kids Program began in October 1996 and has grown from an enrollment of 1,550 participants to 3,249 children as of March 1,2000. Local contributions for the current program year total $371,428. The ability to maintain or increase the number of available participant slots above the baseline established by the State for each county is largely dependent upon a continuing commitment oflocal matching funds. Traditionally, however, counties have had difficulty generating the local match due to the unpredictability of on-going financial commitments from private and community-based organizations. As a result, recent legislative efforts have been initiated to reduce or eliminate the current local match requirement and replace it with State funds. The Florida Healthy Kids Corporation will be meeting on October 26, 2000 to finalize a report to the Florida Legislature addressing the possible reduction of the local match requirements for Healthy Kids. In support of this initiative, the Florida Association of Counties, Health & Human Services Policy Committee, has asked each county to send letters to the Governor and the Healthy Kids Board of Directors encouraging them to support replacement of the local match requirement with State funds. FISCAL IMPACT: There is no direct fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the enclosed letter recommending replacement of Healthy Kids Program local matching funds with State funds, . ...-- Leo Ochs, Jr. Public Services Ad Date: I () / (g( () 0 I Prepared by: Agencla Ite.. No. 1<'0:;- OCT 2 4 2000 Pg. ) ._ I DRAFT Dear On behalf of the Board of County Commissioners, I am writing to strongly urge the Healthy Kids Corporation Board to include in its report to the Florida Legislature next month, a recommendation to replace the program's current local matching fund requirement with State funds. The continually growing need for this very worthwhile program here in Collier County is annually threatened by uncertainty over the availability of local matching funds. Shortage of local resources should not be used as a barrier to exclude the availability of the Healthy Kids program for families in need. Replacement of the local match requirement will give the program financial stability for providing affordable health care to low-income children. It is indeed disheartening to note that Florida is the only State to require a local match for a state sponsored health insurance program for children. I again urge you to use your report as an opportunity to correct this deficiency in the program funding formula, thereby making it possible to meet the health care needs of all deserving children in our State. Sincerely yours, James D. Carter, Ph.D., Chairman Collier County Board of Commissioners ,- Ag,ndJly 1 u.,.. No. II.&> D.'i OCT 2 4 2000 Pg. d-- ... r EXECUTIVE SUMMARY AWARD BID NO. 00-3142, GROUNDS MAINTENANCE FOR COLLIER COUNTY SATELLITE FA CILITlES. OBJECTIVE: Award Bid No. 00-3142, Grounds Maintenance for the Collier County Satellite Facilities. CONSIDERATION: On August 28, 2000, formal bid invitations were posted in the lobby of the General Services Building and distributed to 57 firms that provide landscape services for all satellite facilities and buildings under the care of the Collier County Facilities Management Department. The bid opening was held on September 20, 2000, with five (4) bidders submitting, one Vendor was not considered, as their proposal was deemed to be non-responsive. The bid results are on the tabulation sheet attached to this summary. Staff has reviewed the bids and recommends award to Florida Property Maintenance. FISCAL IMPACT: The annual cost of this service is $ 79,560. Funds are budgeted in the 2000-2001 Facilities Management budget for this expense. GROWTH MANAGEMENT IMPACT: None. ...."ECOMMENDATION: To have the Board of County Commissioners award Bid No. 00-3142, grounds .,mintenance for the Collier County Satellite Facilities to Florida Property Maintenance. To authorize the Contract Manager to approve change orders not to exceed the cost center, and to authorize the Chairman to sign the Standard County Contract after County Attorney Review. SUBMlTIEDBY 'i)~/ Ronald Holder, Contract Manager .. 'esManage :2:: e .. ~ Daniel odriguez, Interim D' ct r Facilities Management Department /7-(.' i} - C-:c-~ Date:I_!..'" (/ REVIEWED BY: Date: #/'-P'-;..2dC'C? REVIEWED BY: . It,,, u/ Il, dJ-p,,) Gwen Butler, Interim Director Purchasing Department Date: ! ().. / C - J 0 () 0 PPROVED BY: Jo.Anne Varcoe Leamer, Administrator Support Services Division -;7 IlL / Date: Ie Ie J,,[C(! AGENDA ITEM I No. /6 E'I \ OCl 24 2000 Pg. ;;). " , . ':'- ",~:::r .n ~=:tI.l .11 ~ ~ '5] ~ C'" ~ g .5~c... .. .. .. d,5 .~~ ~ "C = ~ ~ '" o ;.: G.i =tl...~ ~:!!~ o Q .~.::: '.9 ~=~ .!! 3 " . ... 20 ~ 0 ]1 ~ ;: . .. '" .. = " ~ ... U ~ ~ ~ Q ; .. = .. .. i '" .; .. '" '" ::E ~ " ~ ~ .- .; ... = e = . . ." i " ;;; c OJ " .9 ~ca . ~ .s j 'E~ '0' .s c:~ ~~~~1~8~~8~~~1~~1~~~~~~~~~~~~~ .,,' ooooodooOoOoOoOoooooooooooo ~~~~~N~~~~~NO~N~~N~NN~~~N~~~ ~<N~~N~~~~~~~~~~~N-~~-~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ E ~... ~ ... 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I!.I -=:.. :t:: > '\.'0 ~1~~eaE>.Q~55 ~'.. ._~~~~ ._~.- 1!.IlS'~U ~ f- ~ .~"E ~ :-- ti = ~ B 8 8 8 lS tl ~ ~ ;; ~ ::l '0 'g ~ id ~ ~ 0 W '-"'W.!.... 5'- CIi I.o----.J"'O"'O l;;"lll's =: u"BQ.; I:ll 0 2 5~~'8 E~O&it!~~~ o~"-! ~~'8=.8~.=i-g~ 0 ~~~~~E~=~SES~ii l:~~e~';=~ 8~~::E~]~~~~~]~&& j8gaz~~~~~Q _N~~~~~~~~=~~~~~~=~~~~~~~~ ..iJ ~ ii B IP ",<30 --- => => => C'-J -<I'" '" '" ... 4 .",-", "."- . EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EMPLOYEE REFERRAL BONUS PROGRAM TO REWARD EMPLOYEES FOR FINDING QUALIFIED JOB APPLICANTS FOR COUNTY POSITONS. OBJECTIVE: To encourage current employees to help the agency attract qualified workers to fill vacant positions. CONSIDERATIONS: The Human Resources Department has recruited nearly 500 vacant postions over the last year, more than double the volume recruited in the previous year. Many of these have proved difficult to fill in the current "tight" job market. In an effort to obtain more qualified applicants, staff has and continues to develop new and enhanced recruitment strategies. Among these includes a bonus program to reward current employees who refer successful (selected) applicants for vacant positions. The program is modeled after similar initiatves from other employers. Under the program, the bonus incentive would be deployed (including determining the $ amount) and publicized by the Human Resources Department on a position-by-position basis at the time that the vacancy is posted, Bonuses would be rewarded to any eligible employee who refers the selected candidate for a given position. Bonuses will be paid in two installments, one at the time the newly hired employee commences work and the other at the time the employee succesffuly completes their six month probationary period. FISCAL IMPACT: Under the adminstrative procedures, bonus shall initially be capped at $500 for each referred hiring. To ensure the effectiveness of the program, staff requests that the Board authorize the County Manager to formally increase this threshold should future circumstances warrant. The bonuses would be paid out of the hiring department's existing salary budget. GROWTH MANAGEMENT IMPACT: N/A. RECOMMENDATION: That the Board of County Commissioners approve the creation of an employee referral bonus program and authorize the staff to implement procedures to govern the day-to-day administration of the program. SUBMITTED BY: ~ ~ t ~tY Date: /0(10 (0 C> Steve amelI, Interim Human Resources Director REVIEWED BY: J7'1v(V Jo-Anne Leamer, Support Services Administrator Date: (I. '(~ (tC AGlI'lOA I RM /IO./(.~ OCT 2 l, 2000 Pg. <X ,- EXECUTIVE SUMMARY AWARD BID #00-3143 "PAINT AND RELATED ITEMS" TO SHERWIN WILLIAMS AND SCOTT PAINT. OBJECTIVE: To have the Board award Bid # 00-3143, "Paint and Related Items", to Sherwin Williams and Scott Paint for the purchase of paint and painting supplies used in the maintenance of County buildings. CONSIDERATION: Facilities Management uses approximately 40,000 gallons of a wide variety of paint per year, plus paint-related items such as paint brushes, rollers, roller poles, solvents, etc. to maintain over 300 separate facilities that require continual maintenance. On August 22, 2000 formal bid invitations were posted in the lobby of the General Services Building and distributed to twenty-seven (27) firms that provide these services. On September 13, 2000 bids were received and opened from six (6) firms. A tabulation sheet is attached to this summary. Staff has reviewed the bids and recommends award to Sherwin Williams and Scott Paint. Award was given based lowest and most responsive bidder. -- FISCAL IMPACT: Funds are budgeted in the Facilities Management's building maintenance cost center. Annual expenses average $35,000. GROWTH MANAGEMENT IMPACT: This will not effect the Growth Management Plan. RECOMMENDATION: That the Board award Bid #00-3143 "Paint and Related Items to Sherwin Williams and Scott Paint. SUBMITTED BY: ""~" Daniel . Rodriguez, Actin Irector Facilities Management Department Date: A;; -#,'?cPOO REVIEWED BY: . ~-j /'" _),,_i C l'IL"lI lli,f:(,i' Gwen Butler, CPPB, Interim Director Purchasing Department Date: /('/1 -c{(lL APPROVED BY: J)Ji{( / Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: If/Ii/ j / ( ( . , r- AGENI)A 11:Elt' No. I' & ocr 2 4 2000 Pg. :; , G?- :> .. == (") l"l .. .. s: 'tl ;:<l s: 'tl ;:<l ~ s: 'tl ;:<l s: 'tl '" Q. ~ .. ... .. " " " " " " " " =- " " " 0 " .. .. Ii"' .. 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LATEX SATIN 10.8 10.02 16.33 13.5 9.28 TOTAL AVERAGE 45.16 46.08 70.12 61.5 38.72 AVERAGE PER CAN 11.29 11.52 17.53 15.37 9.68 40,000 GAL. 7f TOTAL DOLLARS 451600 460800 701200 614800 (. v AGENDA ITtH HajJ ~ ~ OCT 24 2000 Pg. 4-- . , \~\ \) . l\ ! \\' COMPARISON % OF SOLIDS OF PAINT'S SHERWIN SCOTT SUNSHINE lei DURON WIlliAMS PAINT ACE EXT. OIL SEMI-GLOSS 41 52.5 52.6 45 43.7 LATEX CON, PAINT 34 32 36.41 43 33.5 OIL BASE CON. PAINT 40 52.5 51.79 52 43.7 EXT. LATEX SATIN 31 32 33.65 36 34.2 TOTAL 146 169.. 174.45 176 155.1 /' AVERAGE 36.5 ~) 43.61 44 38.n , N~~EJZ'E- 111" OCT 2 4 2000 Pg. 'J AWARD RFP #00-3090 "INDOOR AIR QUALITY SERVICES" TO PURE AIR CONTROLS SERVICES FOR INDOOR AIR QUALITY TESTING CLEANING AND REMEDIATION SERVICES. OBJECTIVE: To have the Board of Collier County Commissioners award RFP #00-3090, "Indoor Air Quality Services", to Pure Air Control Services, for indoor air quality testing, remediation and cleaning services. CONSIDERATION: The Department of Facilities Management maintains over 600 separate facilities that require continual repair and maintenance. As part of daily maintenance, testing and cleaning of air-conditioning systems and ducts must be performed to maintain clean indoor air environments. These services include testing and sampling of air-conditioning filters, dust samples, cleaning of air ducts and air-conditioning coils. In addition, lab evaluations of samples are conducted and reports generated to determine in-door air quality levels in various work environments. - The County Manager authorized a selection committee to review, evaluate and rank proposals from organizations capable of providing Indoor Air Quality (IAQ) testing and remediation on an as-needed basis. On June 15,2000, the Purchasing Department solicited proposals for the Indoor Air Quality Services RFP #00-3090. Firms were judged on ability to provide turnkey services, quality and comprehensiveness of scope, quality of essential personnel along with other relevant criteria. The selection committee reviewed the proposals and three firms were short listed: First Second Third Pure Air Controls Services, Inc. Enviro Team American Management Resources The selection committee reviewed the three proposals received, and by general consensus find that all firms are qualified to perform the full scope of work. Staff recommends award to the number one ranked firm, Pure Air Services Inc. A bid tabulation sheet is attached for review. FISCAl" IMPACT: Indoor Air Quality Services expenses average $100,000 annually. Funds are anticipated and budgeted within the Building Maintenance operating budget. GROWTH MANAGEMENT: This will not effect the Growth Management Plan. AGENOA ITEM Ho.l(-.F<: -- OCT 2" 2000 Pg. :<. Executive Summary ConI. Indoor Air Quality Services Page 2 of2 RECOMMENDATION: That the Board award RFP #00-3090 for Indoor Air Quality Services to Pure Air Control Services, authorize the Chairman to sign standard contracts, after reviewed by the County Attorney's Office. SUBMITTED BY: Date: Daniel R. Rodriguez, Acting Director Facilities Management Department ) REVIEWED BY: ". /, ,f, , Gwen Butler, CPPB, Interim Director Purchasing Department Date: it /~//! l / I , 'I / . APPROVED BY: 'f "/ Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: ., AGEIlIlA ITEM No. /" E5 OCT 2 4 2000 Pg. ~ ::!i II:: o ll. >< ii1 !;;: ::!i Cl z 52 z < II:: c Cl> C M_ e ~cn c .. 'It.!.! ..J ~ < .. (/)(/) 0... o..~ Oii II:: " 11.0 11::, o ll. l- (/) W ~ o w II:: ~ o.~g rt) ......::j <=> c- <=> E~ ::; I ~~ <=> ::> .. " "" (I) a: (I) ~ - <"'-' o '" i, ~ B _~ '- C&l ca.- ~, .e ... ~ Ell. c: ca ::>. .. z => zioa:: 0" '" ~ " ~ .1;:.. :;c Ell. c: ::>. .. z.. a: - '" 0 ~ B ~ (/) " .e .. .- ... Cl E ll. c: Z ::> . .. 2i Z rea: z ~ 0 '" (/) ~ B ~ " Cl .e .. .- ... Ell. c: Z ::>. .. 52 z;;, a: z ~ o '" ..J ... B ~ < ,gca:;: z Ell. c: u: ::J.l: tal W z~c:: ~ w < I: - o '" 0 ~ ... ~E' 0 ::!i .!cu:;: 'C Ell. c: c: 0 ::>~ .. .:;. t) ZMa: Z 0 oQ)w i= ~ ,,~ t) G.1 n:s ._ W .ell.... '-' ..J E c: .:;. Z W ::>~ .. (/) Z~D:: S2 Z o '" < tl: ~ B ~ ..J .Q.!!!JIl: < Ell. c: ::>- .. z~o:: - '" B ~ ::> 0 .. " '" a: " C " '~ " E " " (I) 0> '0 .. c: :E ~ .. ~ c: E :E a: 0 ii: (.J ~ c: .. IL ~ " I 0 4: e ;: w f '> ~ :E c: <I: <I: ::> W Z ll. -r / '"' >-'" z u: W ,/ W ,..r ~ cJ ::iO C- ::iO .-:? o 1-- <..l Z o i= <..l w ....J W en / ~ v, V .- L... OJ ? C r:CJ I- en Q:; u. Cl Z o <..l w en ~l '" Q. '6 ::J '" G ro Cl ~ . " (\) ro 36, C'. Ci5 '" .~ '" .c E '" ::iO '" .sa ,-)~ .g~ . <..l "''' a ~ Cl tl: I I- " '" .. is. ~ .... -= '" .. " .;; ~ o 'S Clo ~ ~ o ~ ~ ... .e .. c: :;< o .. .. , ",:l '" .. ..~ - '" Clo~ ~ .. . 0 N ._ -= .. '" 0 .. ;;: .. .. ';;0 ~ .- 0"" .; ;; Clo~ ~~ M '" -.. '" ~ =.s '8. ,f " ~ " '" .. .. -=-;. ~.- ....c .c .. ...c 0- ,- ... "".c 0... E .. a.l .5 :; E - .. Clo.. - . .. -... .c '" '" ,- .. .. " " ..... " ~ .- 0 ..... is. 0 :C:;! - " o .. E .. ...- .c : ...= ~ .. .- .c E,.. ~ u -- " .. ... . '" '" .- - ~ .: o 0 " Clo "'~ ..:;:. " .. :;< 0 o '" .. ... =.e .. : "' .- 1-"" o 0 z E RFP #00 - 3090 "Indoor Air Quality Services" SCORING FORM ~<lJ. '" "-'IIM R.lC't 4;( Pr<Y)~(., Ahilit\.' of ProDoser to Provide Turn-kev Services 35 Points 2.0 )0 2-, Ouality & Cotllprehensiveness of the ProDosers Understandine of the General Scone nfWark & Technical AODroach 15 24 To Similar Proiects IS 25 Points Qualifications & Exnerience of Kev Personnel & Level of Commitment to This Proiect I 5 I 0 (0 15 Points OSHA Documentation & State of Florida ("nnt...tn. T I.~n'~ With Proposal 0 5 1 0 10 Points Prices Offered 10 Points 5 8 5 . & Stated . Tim. 5 Points 7- 4- 5 TOTAL ~t ~1 ~~ THIRD FIRM RANKING ~urf A>r ~p'\(\G t'l"\V; ("0 \e.A""- SELECTIONCdr~E:eSI~~Jc FIRST FIRM SECOND FIRM q~i~O N~'r~ srEM OCT 2 4 2000 Pg. .5 RFP #00 - 3090 "Indoor Air Quality Services" SCORING FORM . - NAl\fli'.OFFTRM Ahilitv of Proposer to Provide Turn-kev Services .---.- -- .' 35 Points -- - Oualitv & Comorehen!;iveness of the Pro90sers Understanding of the General Scone neWark & Technical Approach To Similar Proiects -- .- -- 25 Points Oualifications & Experience of Key Personnel & Level of Commitment to This Project .- - 15 Points OSHA Documentation & State of Florida ntrortnr T i With ProDosal ./ 10 Points , Prices Offered - .--- - 10 Points I , nf Fl~ & ~tatprl . --::: 5 Points < -- -- TOTAL - -- -- -'" - -- - .- ,;.- . RANKING "'--,'~- FIRST FIRM '- ~/ / / /' /?:' . SECOND FIRM THIRD FIRM ~-- / _/ I .,.r._,. ~ -.. _./ ". /," - f./- .,' J~'/- .- ",' __ ,'./P' ,. ~ /"_. A/ ~0-';''''''';-' ''''_/ A / ..J" !It#"'" SELECTION COMMIITEE MEMBER'S S~TURE /7 ---~ / ~-- .". . :~ <7:C.,I.~;._ ,_ ~~/;, DATE A~HOAd~ No. I" -- OCT 24 2000 Pg. ~ / .l / RFP #00 - 3090 "Indoor Air Quality Services" SCORING FORM .~ ':J 'i r:: f\' .,;,n' p,O\. 1l1(ol'" ~ (,Vu.. "-ft,~ Ability of Pro Doser to Provide Tnrn-k~v Services 35 Points 3~- .., /, t' Quality & Comprehensiveness of the Pro'l)o!iiers Understand.",?, of the General . ScnDe nfWnrk & Technical A.llllrnach To Similar Proiects 25 Points OJ :,--" 0 ~ .;J y Oualifications & Exnerience of Ke.y Personnel & Level of Commitment to This Project 15 Points /~ -r IS- / OSHA Documentation & State of Florida With Pl'Qonsal ,..- S-- -' r 10 Points .>r -€I X Prices Offered 10 Points /J <' /U ,f T & Stated. eTim. 5 Points -..? c/ r , TOTAL 93 :)0 -,'v ~ ~ --rr RANKING FIRST FIRM e'-'_rt.. A:r- SECOND FIRM A r\, (..r : ~A..J (1n ~"'\ ~<..t.e t,,-c.:-T 1L.L ~l.4..V"'- € ~ THIRD FIRM 6~1I;~0 ,eo..- ,\ 'i---, .() /( (. ... ! )u-<.--LJt....L"'-> /.. ,>-----"........, VsELECTION COMMITTEE MEMBU~ 1'. 6..20(,)'" DATE N~o:-n'rJT!,'" OCT 2 4 2000 pg.7 RFP #00 - 3090 "Indoor Air Quality Services" SCORING FORM ,),"2,,4 c- (l1~; l(}c T.-,,-, '-L~~ , 01' FIRM ' 'Q<V~ Iii- t'-t. ,UI < Ahilitv of ProDoser to Provide Turn-key Services ~ r / 35 Points ?P ~ Oualitv & Comprehensiveness of the ProDosers lTnderstandinf of the General Scope neWark & Technical Anoroach " To Similar Proiects 2 .'-) ~<( - ~;p 25 Points y ': / ,/' . ,.;c ~<.' . ~ Qualifications & Exoerience of Key Personnel & Level of Commitment to This Proiect / i ~ , ; ", j ,2 15 Points 1~ I " ! l. I v OSHA Documentation & State of Florida , l".~." With Proposal /1 /ft J~ 10 Points 1(' Prices Offered ----- --? 10 Points /t/ /-;J / , n of Firm & Stated ,T'~, J..- -- 5 Points L 5 , TOTAL Je 1}, i' 7 ~(-- !}/ ~. ., RANKING FIR..<;T FIRM /') /;,nD / fa ~-""- a{..,,-,' l/7;j 4- " 1/...4,......"'-("" .-:> r ~~VV..<__x.C :' 1 .P /.w"- SECOND FIRM (,' , '; {-'1!Ul. THIRD FIRM ~:j? <-;?VJ~ SELECTION COMMIITEE MEMBER'S SIGNATURE qA;/~cJ DATE AG~A.JTEM No. 1= S OCT 2 4 2000 Po. ,? y AWARD RFP #00-3109 "JANITORIAL SERVICES" TO UNITED STATES SERVICE INDUSTRIES (USSI) AND AUTHORIZE STAFF TO NEGOTIATE AGREEMENT WITH SELECTED VENDOR. OBJECTIVE: To award RFP #00-3109 "Janitorial Services" to USSI for the continued janitorial service provided for all County owned and leased buildings. CONSIDERATION: The Department of Facilities Management provides janitorial services, through an outside vendor, to approximately 76 County owned and leased buildings. The janitorial service company selected will furnish all necessary labor, tools, appliances, equipment, supplies, maintenance and any other necessary accessories, services and facilities to perform the janitorial services specified in the contract. The County Manager authorized a selection committee to review and evaluate proposals received from companies capable of providing janitorial services to Collier County. On July 28, 2000, the Purchasing Department solicited proposals for RFP #00-3109 "Janitorial Services". The selection committee reviewed the seven (7) proposals received, and by general consensus find USSI qualified to perform the full scope of work. The ranking matrix that resulted in this -'ecommendation accompanies this document. FISCAL IMPACT: Funds are budgeted in the Facilities Management Department's janitorial cost center. Annual janitorial expenses are budgeted at $8-48,888. .f806,lfQ() GROWTH MANAGEMENT IMPACT: This RFP will not effect the Growth Management Plan. RECOMMENDATION: That the Board award RFP #00-3109 for Janitorial Services to USSI and authorize the Chairperson to sign standard contrac after review by the County Attorney's Office. SUBMITTED BY: Date: /~ //-;"?P'1"2/' Daniel R. Rodriguez, Actin tor Facilities Management Department REVIEWED BY: It J}-L.l<--/ fL__, wI Gwen Butler, CPPB, Interim Director Purchasing Department Date: / c - 11-.1 eeL APPROVED BY: .-:~~(V Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: I' " ,/ , - AGlNOA ITE" No.l/,Gt, OCT 24 2000 Pg. ~ CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #: 00-3109 RFP TITLE: Janitorial Services SIGNIFICANT FACTORS TO RANKING OF TOP FIRM: 1. Company is willing to negotiate competitive pricing. 2. Comoany is oresently on-site. 3. Current USSI Administrative Suoervisor doing great iob. 4. Uoper Management Responsive. 5. Available resources locally to fully staff operations. 6. Level of service historically exceeds standards. 7. Comoleteness of proposal. d? - /?7""'?c:?t7C? Date Project Manager AG€NOA ITEM No.tbE/' OLl 2 !. Zuuu Pg. 3 RFP #{)O - 3109 . Janitorial Services' SCORING FORM b .- .. -- - '--' - . - r - .- J_~ .. '''I? FIRM Expertise of Firm - ,- - \ -- -- . - 35 Points ,- - - ..-' - - ~ - - EX\lertise of Staff -,-'~ .' - i ;""1 - 25 Points r i .. .,. -- -- i - -- - Previous Penormance on Similar Johs as Evidenced by References Provided by ,.~,...., Z --- PrODoser i .- - / ,~ - - , .- -. - 20 Points Cost Proposal - 0/ - ^ I' - 20 Points '" - - ".- TOTAL _1r RANKING FIRST FIRM SECOND FIRM ......-- THIRD FIRM - ,"" ;/" (. ~I/1"'j-/'c/~4rj?::? SELECTION COMMITTEE MEMBER'S SIGNATURE 1:4 ;) / . ,!i}fJ) / .>"' ,'l [ ,.... YV DATE AGENDA ITEM No. II.., E- fa ocr t j, 2000 5 Pg. EVALUATION MATRIX RFP #00-3109 "Janitorial Services" Evaluation Criteria I Total 'I 0 L;' , , .,.0; -- Points -.J ,- I J NAME OF FIRMS - , - - ! (100\ - Coverall ';.... //- " - / ~: ~~ ( .,:.,- j\ - , , ! Progressive Maintnance Yz- ~ , i ;' /! f -- '" .. Golden mark Maintenance II I ^ ' .' , t '~" c- USSI '77 ,I =' ~/ I~ , - r'~"\ , -- - GrV,,"YCIICI .. T riangJe Services , V I: ! I I Meginley Maintenance Jnc. ; ,- I , i" (/ - - , , , --- k COMMITTEE MEMBER'S RANKINGS FIRM FIRST SECOND THIRD (/ <' <.:' ,- " _ '-'.i .' I v' ~ i ,.:I: . '-'....... 7J ~ n-- r.~ -r 1/1//- .l- FOURTH L,- ';...:":,,, Selection Committee Member's Signature Dated: ~G(NO~ JTtH No. It, E r" OCT 2 4 2000 Pg. ..;. . RFP #DO - 3109 "Janitorial Services" SCORING FORM i \.; , N"'MF OI1I1TRM " i . E>;pertise of Firm . ,---- .- - 35 Points ., -~ .- '~ ../ ElDertise of Staff ~ -- 25 Points ',' , Previous Performance on Similar Jobs as Evidenced bv References Provided bv Proposer .. .. i . '-.. v 20 Points Cost Prooosal 20 Points --. .. .- - .. r I :: .., .J TOTAL ~ ~ R~NKING FIRST FIRM SECOND FIRM THIRDFTRM (,., / " ~'~ IL ( !L-J..- ~. {UL.U_i',,- 'I' k;;,L-.'/'------ SELECTION COMMITTEE MlMBER-"-S SIGNATURE v ;/'3/-CC DATE AGI~ rTEM No. ,c&, r C T 2 " 2000 Pg. 7 RFP #00 - 3109 . Janitorial Services. SCORING FORM / - , 'I , , , LJ - - [/ ' ------ , - /, '(ll<' FmM / I i -'~-.;! '^',,"..-"' ., - F...,] .- .. - Expertise of Firm , .r- , - , ::>'1, .~ , ~ .. 'J -- 35 Points '-...--L/ '- - J'~ Exnertise of Staff .. .- de) - /-: - 25 Points j ,---;.,.' I _. , '- Previous Performance on Similar Jobs as Evidenced bv References Provided by PrQDoser ~ ..- .' .- / ~ /~ .. I: / / , , i '", 20 Points - ~ v Cost Pronosal / - .. j -- ! 20 Points 1 , I , .. .. ., ~ ~ ~ .' TOTAL ,C'. ...........1'_ '1-- / - .' FIRST FIRM e~~KING I lA ^. J j.J~.. \i:.d ~-. eX iDS /~f;; 11;; (3! SEL~~ SECOND FIRM TIllRD FIRM . .c ~ I' nt..7.u~<--- Ji- ~ (yLL '- '1' If' "I-"J..., d ,.I'-L. , ~'/(.L.!'1-- ,y , lie ..uLv ,- 1~:lL ,- L'-- (...J:. - fl-'-''- 0/[; , .. ...;i.- I , ' -+!C~"" 'u.--- c\ -- I 11':.-..) II / '1- '.--......,.- tJ- d / - {)() DATE "GlNOJ I_TE'" N, ,/.i_A~ I ..1 " OJ ('....u b RFP #00 - 3109 "Janitorial Services" SCORING FORM t/.5S.z: / - .' . - - / " EJqlertise of Firm . .. . . ~, :.?!-,.- ?/" '. .,- .., - 35 Points , ,," '-' . vC' ~' , Exnertise of Staff c2'::- Ole ~c? rJ ~ r . 25 Points I.> ;/ {'p/ ,;..> Previous Performance on Similar Jobs as Evidenced by References Provided by Proposer I" ,~ " t' '/ '. 20 Points , , - !/'X Cost Pronosal /r -;J 0, /.:. -' ,/'// .. ,~ . 20 Points '- ('";; .--" , -~ , ...., a --'7 - I ~ - I :;:- - ~, '~ v ~ TOTAL RANKING FIRST FIRM ,-. ,"- -:-- ...... -.,-,-,...;- SECOND FIRM /7:-/ :/- / / /,( I.'" -" ~~~--'-~;-" //~' /' SELECTION COMMITTEE MEMBER'S S ;- /' / /./- THIRD FIRM /' C:/~ -' ,',-; .'- " DATE / / If ',::/' .,:,ip' - "f / "'"' / ---: /~---. /.,/ , '-, ~-- ,,-- ./ .- ....?:..... /' I ..4 t.. v_ .. /~,/ ~ . - ..... AGlNOA I TEI'I Mo. /c.. E" ",.. /....-- /, / / OCT 2 ~ 2000 Pt. '1 ./ / / ,. ]V, "'"' OJ? Emertise of Firm 35 Points E~pertise of Staff 25 Points Previous Performance on Similar Johs as Evidenced bv References Provided hv Proposer 20 Points Cost Prooosal 20 Points TOTAL RFP #00 - 3109 "Janitorial Services" SCORING FORM /V"fl&'.' ; 30 /8 Ie; r'S -;.- ,..of": , t' ,;:.~':.C,.C ? ,,-," I' .... ;. t /)'::.((:.~.....r.;~",,\ ./" ,:--. ~.. / I ; 7'"'" Ie:: ..-' " T- - " - - /'-: /5 - ~' - 3C:: J 31:" '"'" --"" ".,;;-, i ~ FIRST FIRM SECOND FIRM THIRD FIRM I, . "'. 1 '"i" -. ."," ~ --f,~ '-C.-~- 1..0<:7 .J"":::?-' 1.'2- :20 i....:"'_ - ,...... .,.,-..... -. t"c ~ j -- ..... - ..., /-' ;i....::_' _.~.---~- /...., f--- ~~ _J , / ~ ; I ~ \ - .- ,-., i ;,.. i Ie --" ... , 'x"- ....' , .-...... ~ -." . - - '~~mGNAru~ ....... ..~ ~"',..., I~c 'J ~ ;.:.../ -..;. ') {'. -'-... "l ,/,..\ ~' '~ ,1 ~ ~, t '....~ , RANKING 1-11'-00 DATE A/l{",?,A ITEM No. hE? OCT 2 4 2000 Pg. B (': ~. - ~ -- - EXECUTIVE SUMMARY ADOPT A NEW METHOD FOR FUNDING THE ACQUISITION OF MOTOR POOL REPLACEMENT VEHICLES AND APPROVE BUDGET AMENDMENTS OBJECTIVE: To adopt a new method for funding the acquisition of motor pool replacement vehicles that will reduce the amount of reserves accumulating in the Motor Pool Capital Recovery Fund. CONSIDERA TION: During the Budget Workshops, the method used to fund motor pool replacement vehicles and the level of reserves in the Motor Pool Capital Recovery Fund were questioned. In response to the questions raised, staff researched the current practices and then looked at alternative methods available for funding such purchases. Currently, the Fleet Management Department operates a Motor Pool Capital Recovery Fund for the replacement of motor pool vehicles. Motor pool vehicles are replaced as each vehicle reaches the end of its economical service life as determined by the Fleet Management Director. Departments budget the full purchase price of new vehicles within theirrespective capital budgets in the year said acquisition is made. In subsequent years, Departments contribute the equivalent of one-sixth (1/6'") of a vehicle's estimated replacement cost to the Motor Pool Capital Recovery Fund annually until that vehicle is replaced. This method provides a forced savings account (sinking fund) so that cash is available for the purchase of replacement vehicles when needed. Under this method, the reserve balance accumulated in the Motor Pool Capital Recovery Fund is at an appropriate level given the purchases forecast to be made over the next six years. Other options available for funding replacement vehicles include a pure cash based system or a modified cash based system. Under a cash based system the total cost of vehicle replacements would be budgeted in the year that the actual purchase is made. This method would eliminate the accumulation of a large reserve balance for future expenditures. However, the cash based method does not address fluctuations in the annual cost of replacement vehicles from year to year which could impact millage in years with large replacement costs. Under a modified cash based system, the cost of current year vehicle replacements would be budgeted and the cost of the following year's replacement vehicle purchases orthe average of the forecasted replacement vehicle expenditures over the next five years, whichever is greater would be held in reserves. A fund's annual contrib'ution for replacement vehicles would be the incremental increase from year to year. The latter method has the effect of normalizing some of the fluctuations from year to year experienced under a cash based system and better insulates current year vehicle replacement decisions from millage issues addressed during the budget process. In essence, replacement vehicle costs are addressed one year in advance. Staff recommends that a modified cash based system be adopted because it ensures that cash is available to purchase replacement vehicles when needed without the accumulation of a large reserve balance, while at the same time protecting the integrity of the County's vehicle fleet by insulating the current year purchase decision from the budget process. Staff also recommends that the Emergency Medical Service vehicle replacement reserve policy remain the "status quo" due to large spikes in vehicle purchases from year to year regardless of which option is chose . AGENDA ITEM No. It. G'('ll . OCT 24 2000 Pg. / authority for vehicle replacement decisions should remain with the Fleet Management Department Director. Adoption and implementation of a modified cash based system will lower the amount of reserves required in the Motor Pool Capital Recovery Fund. Approximately. $1.751,503 in excess reserves will be available in the Motor Pool Capital Recovery Fund after converting from a sinking method to a modified cash based system. As this revenue source is of a non-recurring nature it wouid be inappropriate to use this money to reduce millage. One,time revenue shouid be used for non-recurring expenses such as a capital projects and not for ongoing operations. Therefore, staff recommends that the excess reserve balance be appropriated for the construction of a new Fleet Management maintenance facility. FISCAL IMPACT: Adoption of a modified cash based system will reduce reserves, excluding EMS. in the Motor Pool Capital Recovery Fund from $2,705.327 to $1,115,100. The new reserve balance represents the average of all purchases forecasted to made over the subsequent five year period. Under the modified cash based system, reserves for Fiscal Year 2002 and 2003 are estimated to be SI.037,400 and $1,212,500 respectively. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDA nON: That the Board of County Commissioners adopt a new method for funding the acquisition of motor pool replacement vehicles and approve budget amendments associated with implementing this new process. Prepared by: I' t t_.__ I ;.- . ,--- J_ Date: ,. Chris Dublis Budget & Management Analyst 'V' /t/ I 7 / [0( Reviewed by: '71H Date: lo-Anne Varcoe,Leamer ( / Support Services Administrator Approved by: 1il-1~jl J'.1-- Date: / ()-17-Df) Michael Smykowski Budget Director AGENDA ITEM NO._JG. E l. 7 ) OCT 24 2000 Pg. .1. '--~-~.......~ MOTOR POOL CAPITAL RECOVERY RECOMMENDA TIONS FOR FY 2001 I ::;::~:~J , . c'" J , ~,. --..------ l.." .-. -...~........."'c........~~ Table of Contents Background/Issues.............. ............. ...... ............ .... .......... ............. ............ ..... 1 Current Motor Pool Policy Pertinent Financial Data...................................................................... ............. 2 Sinking Fund Option................. ..... ............. ..................... .......................... ..... 3 Cash-Based Funding Option ........................... 4 YJodified Cash-Based Funding Option.. ......... 4 Recommended Funding Option for Replacement Vehicle Purchases............... ............ Fleet Management S-Year Motor Pool Vehicle Purchase Projections Attachment A ............ ................................ 6 Summary of MOlor Pool Vehicle Purchase Projections Ad Valorem Supported Funds (FY 01 - FYOS) Attachment B....... ......... ............. ..... ....... ........... ...... ............... ...................... S FY 2001 Distribution of Cash in Fund 522 with Cash Based Funding Attachment C.... .... ..... ... '" .... ...... ........ .... ..... .... Modified Cash-Based Funding Motor Pool Reserves and Expenditures Attachment D................................................................................................ 10 FY 2001 Distribution of Cash in Fund 522 with Modified Cash Based Funding Attachment E........... ..... ................. ..... ........ ....... ................. ..... .................... 14 5 9 ~AI!.EM I ~~:-:~ c (7) ~ OCT 24 2000 LL__ . .,,_.~,.,,:~,~'--- MOTOR POOL CAPITAL RECOVERY RECOMMENDATIONS FOR FY 2001 Background/Issues: The level of reserves in the Motor Pool Capital Recovery Fund (522) was questioned at the Budget Workshop in June. At that time the County Manager told Commissioners that staff would review the issue of reserve in the Fund and would report these findings at the September publ ic hearings on the FY 200 I Budget. Current Motor Pool Capital Recoverv Policv: Standard County Vehicle Purchases The Fleet Management Department manages the Motor Pool Capital Recovery Fund (522) to replace motor pool vehicles as each vehicle reaches the end of its economical service life. Departments budget within their respective operating budgets the full initial purchase cost for new additions to the County motor pool. For existing motor pool vehicles, departments contribute the equivalent of one-sixth of each vehicle's estimated replacement cost per year (minus the estimated surplus auction sale price) to the capital recovery fund until that vehicle is replaced. This method provides a forced savings account (sinking fund) for replacement vehicle purchases. This operates in a similar fashion as a debt service fund for an outstanding bond issue to ensure that funds are available to make required payments when due. The Fleet Management Department monitors the maintenance history and mileage of each individual vehicle. This allows the Fleet Manager to make an informed decision whether a vehicle should be replaced before the six-year average service life is completed or whether replacement can actually be deferred. This fund was established to provide a conservative means of budgeting for replacement vehicles, while avoiding the potential for major fluctuations in the total annual expenditure for replacement vehicles. Maintaining "sinking fund accounts" for individual vehicles ensures that adequate funds are in place to replace vehicles when deemed appropriate. This ensures the integrity of the County motor pool. as those vehicles are not kept beyond their reasonable service lives. This is especially important, as the Fleet maintenance staff would undoubtedly increase unnecessarily if the County continued to operate high mileage, maintenance-prone vehicles. EMS Ambulance Purchases Emergency Medical Service (EMS) vehicles have a different method of collection compared to the other motor pool vehicles. Ambulances were not included in the initial motor pool capital recovery fund. Due to the large price tag associated with ambulance purchases (over $100,000), it was necessary to provide for the eventual replacement of these vehicles. Currently, there is a 20'year replacement plan in effect. Loaner Vehicle and Service Vehicle Purchases Interest on the accumulated cash balance in the Motor Pool Capital Recovery Fund (522) is used to purchase loaner vehicles, service vehicles and to fund half of the Fleet Manager's salary due to the time associated with administering the capital recovery program. There are currently t AGENDA ITEM No. /t. lEt. 7 ) OCT 24 2000 Pg. ~ loaner vehicles that are used by departments for temporary assignment while permanently assigned vehicles are being repaired, or for employees with approved out-of-County travel. The operating costs of these vehicles are covered through a mileage charge of $0.25 per mile. There are four service vehicles that are provided in instances where a disabled county vehicle is unable to be driven to the County Barn Fleet Management Facility. In Collier County there are currently 293 vehicles included in the motor pool capital recovery program. and an additional 268 department owned vehicles that are not part of the capital recovery program. Fifty-seven percent of non-motor pool vehicles are heavy trucks. The principal departments that do not participate in the motor pool program include the Solid Waste Department, the Water and Wastewater Departments, Utilities Engineering, Utilities Management Operations, and Utilities Administration. These departments are all contained within the Public Utilities Division. Rate structures within these enterprise funds are established on a longer-term basis than the millage rates in ad valorem tax supported funds. As a result, these enterprise funds are better equipped to absorb the budget fluctuations associated with replacement vehicle purchases and. as such. repiacements are addressed on a cash basis. Vehicles in Utilities (Fund 408) and the Solid Waste Department (Fund 470) that were transferred from the Department of Revenue will no longer be included in the Motor Pool Capital Recovery Fund. This change is intended to make the vehicle replacement policy for the reorganized Utility Billing sections coincide with the current cash-based replacement policy in Utilities and Solid Waste departments. All money placed into the Motor Pool Capital Recovery Fund by the respective Utility Billing sections will be refunded. Pertinent Financial Data There was $3.350,000 in budgeted reserves for future vehicle purchases in the Motor Pool Capital Recovery Fund (522) in Fiscal Year 1999-2000. Reserves are not excessive in the current system. Budgeted motor pool capital recovery revenue from contributing departments in FY 01 amounts to $1,240,776 but is skewed by the $450,000 EMS contribution. The net FY 01 capital recovery revenue of 5790,776 is much closer to the $629.500 in planned ve'hicle replacements in FY 01. Unless changes are made to the current capital recovery program. the reserve level will continue to grow as the size of the motor pool continues to expand. The motor pool will continue to expand due to the burgeoning population in Collier County and the associated service demands. Many other counties use a similar program as Collier County. Other counties contacted include Miami-Dade, Lee, Charlotte. Palm Beach, and Hills borough. However, in many cases, these programs are not fully developed as they were implemented within the last few years. Of particular note, staff in Miami-Dade County indicated that reserves would be kept artificially low to ensure that the accrued fund balance would not be reallocated for other purposes. In the case of Franklin County (Columbus, Ohio), which was randomly selected and with approximately the same size vehicle fleet as Collier County, there is no reserve as all vehicles in that county are purchased on a cash basis. Staff also examined the total annual cost of planned motor pool replacement vehicles for the next five years (FY 01 - FY 05). The purpose of this review was to determine the magnitude of any AGENDA lTEI No. N,{Et.'1 2 OCT 24 211 ; D, t. - ~-,-----,--,-,..- fluctuations in the total annual cost of planned motor pool replacement vehicle purchases. The total annual cost of planned motor pool replacement vehicles arc summarized in the following table. Annual Cost of Annual Cost Motor Pool Of EMS Fiscal Replacement Replacement Year Vehicles Vehicles Grand Total FYOl $629.500 $0 $629.500 FY02 $793.500 $32,000 $825,500 FY03 $735,000 $750,000 $1,485,000 FY04 $928,000 $910,000 $1,838,000 FY05 51,012,000 $740,000 $1,752,000 As exemplified in this table, there is relatively little fluctuation in the annual cost of planned motor pool replacement vehicles during the period from FY 01 - FY 05. (See detailed list by fund and' fiscal year in Attachment A). Attachment B outlines the planned replacement vehicle purchases in the ad valorem tax supported funds. There is relatively little fluctuation from year to year, with the exception of EMS. However, a separate funding mechanism is in place for EMS ambulance purchases. Motor Pool Replacement Vehicle Funding Options There are many options available regarding the funding of motor pool replacement vehicles. Options explored by staff include continuation of the current sinking fund methodology, a completely cash,based system, and a modified cash-based system. The advantages and disadvantages of each funding option are summarized below and followed by a recommended course of action. Sinking Fund Option - "Status Ouo" The current method of funding replacement motor pool vehicles could continue to be used. This method uses a six-year installment payment to ensure adequate funds are available when vehicles need to be replaced at the end of their economical service lives. As noted on page I, interest on the accumulated cash balance in the Motor Pool Capital Recovery Fund (522) is used to purchase loaner vehicles, service vehicles and to fund half of the Fleet Manager's salary due to the time associated with administering the capital recovery program. Advantages: . Most conservative option - guarantees cash availability when required. . Functionality - "the system works". . Replacement decisions made by professionai Fleet Manager. . Safeguards integrity of the motor pool fleet. . Interest earnings fund replacement loaner/service vehicles and 50% of the Fleet Manager's salary. __ AGENDA iTEM NO._.l.t.GL?) 3 OCT 24 2000 Pg._ 'l Disadvantages: . Annual capital recovery revenue may exceed annual outlay for replacement vehicles. . Accumulates large reserve fund balance as fleet continues to grow. . Reserves cash well in advance of actual replacement vehicle purchases. Cash-Based Fundinl! Option Another available option would be to employ a completely cash-based system for replacement vehicle purchases. In this option, the total cost of planned vehicle replacements would simply be budgeted in the year funds are actually required. This would allow for the distribution of $2,866,603 in one-time revenue generated by prior year installment payments back to contributing departments or used for one,time expense such as a capital project. (See Attachment C). As the cash balance in the Motor Pool Capital Recovery Fund (522) would be distributed back to user departments in this option, interest earnings would be eliminated, as there would no longer be a large accumulated fund balance. As a result, an alternative method to pay for the Fleet Manager's pro-rated salary and for replacement loaner and service vehicles would have to be implemented. These funds would be generated from a charge to user departments that would be prorated based on the maintenance and rental budget for each department (cost center). Maintenance and operational costs are based on the operating costs associated with each department's vehicles. Advantages: . Simple, annual capital recovery revenue equals annual cost of vehicles purchased. . Funding methodology is readily understood by participating users. . No accumulation of reserve funds. . Provides a large one-time revenue source. Disadvantages: . Ignores fluctuations in the annual cost of replacement vehicles. . Could impact millage in years with large replacement vehicle purchases. . Fleet Manager's recommendations may be over-ruled to reduce the millage and or budget - thereby impacting the overall fleet quality. . Requires new funding method for service and loaner vehicles - interest earnings on large fund balance would no longer be available. . Large spike in EMS vehicle purchases. Modified Cash-Based Fundinl! Option The third option involves a modified cash based system in which each fund's annual contribution for replacement vehicles is equal to the total amount of the following year's planned total replacement vehicle purchases or the average of expenditures for the next five years (not including years with zero expenditures), whichever is greater. (See Attachments D and E). This has the effect of normalizing some of the fluctuations in year to year vehicle purchases, while better insulating current year vehicle replacement decisions from any millage issues addressed in the budget process. 4 I :'GE~~;~~ , () C1 ? 4 2000 f As the bulk of the cash balance ($1,751,503) in the Motor Pool Capital Recovery Fund (522) would be distributed back to user departments in this option, interest earnings would be minimized due to a significant decrease in the accumulated fund balance. As a result, an alternative method to pay for the Fleet Manager's pro-rated salary and for replacement loaner and service vehicles would have to be implemented. These funds would be generated from a charge to user departments that would be prorated based on the maintenance and rental budget for each department (cost center). Maintenance and operational costs are based on the operating costs associated with each department's vehicles. Advantages: . Funding methodology can be understood by participating users. . Minor accumulation of reserve funds. . Provides a large one-time revenue source. . More conservative option than pure cash basis- addresses replacement vehicle costs one year in advance, thereby safeguarding the integrity of the motor pool fleet. . Insulates current year replacement vehicle purchases from the budget process as funding was provided one year previously. Disadvantages: . Greater complexity than pure cash basis. . Requires new funding method for service and loaner vehicles - interest earnings on large fund balance would be greatly reduced. . Not as fiscally conservative as sinking fund method. Recommended Fundinl! Option for Replacement Vehicle Purchases Staff recommends implementation of a modified cash-based system as the preferred funding option for motor pool replacement vehicle purchases. As noted previously. this will provide a one,time revenue distribution of $1,751,503. Any excess cash attributable to EMS will remain in Fund (522) in a reserve account for ambul"nce acquisition. In subsequent budgets, funds will be added to the EMS reserve based on the recommendation from the Fleet Manager. As this revenue source is of a non-recurring nature, in ad valorem based funds it would be inappropriate to use this distribution to reduce the millage. The preferred use of one-time revenue is for a non-recurring expense such as a capital project. On a long-term basis, the Fleet Management will have to be relocated from the current location on County Barn Road. An option. therefore, is to fund the initial costs of a new maintenance facility. Approximate cost for Fleet Management's share is $5,251,000 based on a September 7, 1995 Fiscal Impact Analysis. Considering that these figures used $85/square foot calculations, it can be reasoned that this figure has increased since the 1995 analysis. 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'" 0> 0>00> co :I> 0>'" Co>'" co UlCXlIDCXl '" "0 ~-n -", r ~~~ "n "g8 0 oobWo 0 0 g 0 8888 0 0 00 0 7 :!: or D :.- 3 m 2- :I> I'6'-"} /ol;>.i.f/ ~J , , Attachment B , , , Summary of Motor Pool Vehicle Purchase Projections Ad Valorem Supported Funds (FY 01 - FY 08) Fund General Fund (001) Clerk ot Courts (010) Road and Bridge Fund (101) Airport Authority (495) Courts (681) EMS (490) FY 01 FY02 168,500 266,000 o 0 130,000 258,500 o 0 o 0 o 32,000 FY 03 FY 04 FY 05 254,000 466,000 317,000 o 0 25,000 120,000 41,000 119,000 80,000 18,000 0 o 36,000 18,000 750,000 910,000 740,000 FY 06 FY 07 FY 08 Total 204,000 200,000 323,000 2,198,500 23,000 0 0 48,000 170,000 154,000 313,000 1,305,500 o 158,000 212,000 468,000 o 0 0 54,000 820,000 643,000 331,000 4,226,000 Total (Includes EMS) Total (excludes EMS) 298,500 556,500 1,204,000 1,471,000 1,219,000 1,217,000 1,155,000 1,179,000 8,300,000 298,500 524,500 454,000 561,000 479,000 397,000 512,000 848,000 4,074,000 MSTD General Fund (1 1 1) 134,500 175,000 101,000 185,000 215,000 332,000 158,000 212,000 1,142,500 Pollution Control (114) o o o 60,000 56,000 o o o 116,000 Grand Total by Year 433,000 731,500 1,305,000 1,716,000 1,490,000 1,549,000 1,313,000 1,391,000 7,224,500 Projected General Fund Motor Pool Vehicle Purchases (FY 01 - FY 08) Excluding EMS $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 848,000 $454,000 FY 01 FY02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 AGENDA ITEM No. "EL7) 8 OCT 2 It 2000 P'],._LA-_~_ ,~ "-',--:-"'.-"'~""-~'''''' e '" '" o o o -I m o s: ~ (j) :;: ~ s: ~ m s: 00 ~ w ~ W CJ) ~ ~ " ~ ~ " o " +::>-!""'-J " ~ "' ro ~ ~ ~ 1-0 .I>- .I>- (J1 o 0 ~ 0 " 0 CJ) 0 I ~ CJ) I\) <0 (J1 o ~ o 0 ~ I\) 0, CJ) CJ) CJ) o ~ w 0 0-1 ::;l ~ ? 000 ? _ O:l 0 """'I _ ~:J"""'I5C:~ .g; 16::+ ~ m Ocn::t>~_ ::+ 0 C en .I>- 1ll_0--0 :!'(1)CO o. 3 0 .- -- :J "0 ::!. +::-. m CD -< -.....J ~:J_o '9. ~ ~-- :J:::!:(J1 (1)0~ (1) :J ~ S"w co ~ ~ co w ~ ~ 3 'Oos:::o 00000 E3-1111 g30o. :J3Gl"'" 0"" g; ~ o'<coQ. :J 0 ~ tf2 :::t co ... 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CD III (/) (l) 0- ." c:: :::::J 0- :::::J IC ;e - III n :5 - (") Attachment D Modified Cash-Based Funding Motor Pool Reserves FY 2001 - 2003 (Not Including EMS) FY 01 FY 02 FY 03 Reserve Reserve Reserve General Fund (001) $ 345,300 $ 339,200 $ 526,000 Road & Bridge (101) $ 258,500 $ 120,800 $ 159,400 MSTD General Fund (111) $ 201,600 $ 198,200 $ 220,400 Community Development (113) $ 155,600 $ 180,400 $ 165,200 Pollution Control (114) $ 58,000 $ 58,000 $ 60,000 Airport Authority (495) $ 49,000 $ 80,000 $ 18,000 Workers Compensation (518) $ 21,500 $ 33,000 $ 33,000 Transportation Engineering (313) $ 25,600 $ 27,800 $ 30,500 Total $ 1,115,100 $ 1,037,400 $ 1,212,500 ,- AGENDA ITEM No._. I{, t! L 7) 10 OCT 2 It 2000 Pg. 1<1 Attachment D Modified Cash-Based Funding Motor Pool Reserves FY 2001 Compared To Expenditures FY 2002 (Not Including EMS) FY 01 FY02 Reserve Expenditures General Fund (001) $ 345,300 $ 266,000 Road & Bridge (101) $ 258,500 $ 258,500 MSTD General Fund (111) $ 201,600 $ 175,000 Community Development (113) $ 155,600 $ 72,000 Pollution Control (114) $ 58,000 $ Airport Authority (495) $ 49,000 $ Workers Compensation (518) $ 21,500 $ Transportation Engineering (313) $ 25,600 $ 22,000 Total $ 1,115,100 $ 793,500 AGENDA ITEM No. /r. c(1) OCT 24 2000 Pg. /1,- 11 Attachment D Modified Cash-Based Funding Motor Pool Reserves FY 2002 Compared To Expenditures FY 2003 (Not Including EMS) FY 02 FY 03 Reserve Expenditures General Fund (001) $ 339,200 $ 254,000 Road & Bridge (101) $ 120,800 $ 120,000 MSTD General Fund (111) $ 198,200 $ 101,000 Community Development (113) $ 180,400 $ 164,000 Pollution Control (114) $ 58,000 $ Airport Authority (495) $ 80,000 $ 80,000 Workers Compensation (518) $ 33,000 $ Transportation Engineering (313) $ 27,800 $ 16,000 Total $ 1,037,400 $ 735,000 12 AGENDA ITEM No. I'. t3' ( ~) OCT 24 2000 Pg. /(.. Attachment 0 Modified Cash-Based Funding Motor Pool Reserves FY 2003 Compared To Expenditures FY 2004 (Not Including EMS) FY 03 FY 04 Reserve Expenditures General Fund (001) $ 526,000 $ Road & Bridge (101) $ 159,400 $ MSTD General Fund (111) $ 220,400 $ Community Development (113) $ 165,200 $ Pollution Control (114) $ 60,000 $ Airport Authority (495) $ 18,000 $ Workers Compensation (518) $ 33,000 $ Transportation Engineering (313) $ 30,500 $ Total $ 1,212,500 $ 502,000 41,000 185,000 102,000 60,000 18,000 20,000 13 928,000 AGENDA iTEM NO.._L" EL'!.L . OCT 2 4 2000 Pg. 17 ~ . . . : . m"T1:r>:!J )( c: 3 < n ~ 0 CD CDQ.c: 'C01~< _l\J_(O 0'... 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If' EXECUTIVE SUMMARY ~ JECLARE SIX HUNDRED AND TWENTY-SEVEN (627) COUNTY-OWNED PERSONAL COMPUTERS AS SURPLUS AND AUTHORIZE THE SALE OF THIS SURPLUS PROPERTY TO EMPLOYEES OF THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO FLORIDA STATE STATUTE 274.06. OBJECTIVE: To have the Board declare six hundred and twenty-seven (627) County-owned personal computers as surplus and authorize the sale of this surplus property to employees of the Board of County Commissioners at an employee sale as described herein. CONSIDERATION: As a result of the PC Replacement Program, six hundred and twenty-seven (627) computers that no longer meet the County's computing needs or minimum operating requirements will be replaced. The computers being replaced have little or no economic value because of their processing speed or age. Under Florida Statute 274.06 Surplus Property Alternative Procedures, County property under $5,000 in value that is obsolete; uneconomical or inefficient to use; or which serves no useful function may be disposed of for value to any person. In accordance with said Statute, it is recommended that the computers being replaced be declared surplus and sold to employees of the Board of County Commissioners at fair market value plus $5. Pursuant to the Purchasing Policy, attached is an itemized list of the six hundred and twenty seven (627) surplus personal computers that will be transferred to the Purchasing Department for disposal. .- The Employee Sale Procedure is outlined below: . There will be two (2) Saturday sales in November from 10:00 AM to 2:00 PM, and four (4) Friday sales from 8:00 AM to 5:00 PM. The same schedule will follow in December. . One hundred (100) obsolete personal computers will be replaced every two (2) weeks. . All computers will be sold as is (with operating system, but no other software), no warranties, and on a first come, first serve basis. . Limit of one (1) computer per employee. . All purchases must be paid for at time of sale by cash or check. No credit, charge or payroll deductions will be accepted. . Total sales for all computers sold will not exceed $5,000. FISCAL IMPACT: The net revenues received from the sale will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: This will not have any impact on Growth Management. .--- N~GEI~,(;P.fM , . J Pr}. EXECUTIVE SUMMARY -'AGE TWO ...iURPLUS SALE OF COMPUTERS RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal 0' six hundred and twenty-seven (627) computers being replaced during the PC Replacement Progral as described in the attached list, and authorize the sale of surplus computers to the employees of tr Board of County Commissioners. SUBMITTED BY: ~. . , '~\"-l ~\C0i\ \,-l,~~ U..') Rhonda L. Tibbetts, Purchasing Agent I Date:1CI \ ~'l ( ,(, REVIEWED BY: :, d$ate: Ii}) .z,!tl( Director --- APPROVED BY: ]rJ<<V Jo-Anne Varcoe-Leamer, Administrator Support Services Administration Date: HiIC/Cl" F f AGENDA IUOM No. I L, 1.::' ~ , .,::j Pg. 17\. Complete PC Inventory sorted by Department/Name 1 AGENDA !J~ No. Ii., l::- - , ,--,-~ ". ' ~ \.. AJ Pg. c? . 0011797605 ; :,0009657994 No ~.~vieW.&.~\MiIf~.',<~,,~~>....."?229r'."'! ......ASsefJI:990272 ~.Review&.Pertl'!iltIng<-~/~ame>>2235. E-4200 .0011797591 ~~O Jlt99025&" ~RevieW&~<<~.'i~m!il.na1'rl8> 2234 ~RevieW& PerrRittirtg< ~:ff~~~ 2113E-42QO 0011797597 .AssetJt. ~ . Buildfng Review &. Permitting < <http;ilcww2ltiw~invname> '1330P5-75 0004672673 Building Re\Iiew & Permitting 'KG <h~p:lIcww2~h"tIlVname>2233E-42(}O 0011797589 .. 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"" 'iJiti.:es IfSJ <http;/~~me> 21ff.E..sooo ~.4952' .~..'....~AsseAsset#t# FVUU $yA ~;~uwname>~.ps...12Q .............,.'IV OOR/Utilities ~yA <httvJf~~-2311.E-42QQ .OO1'l24-1610'No Asset# OORlUtilitiesSjA <httptt~..,{ti~ Jm8=.~<,fE-4200 001~150& OORIUtioo'."n..;lities,itieo:S S~ <:1'lflPt~' . ~>~.!8"'~~o~.'f:IJ,'95!i!,...,-Asse. t# FVVU <: <http:l~blim(fla~> 11.. .P5-t20 lilUOV'''''''IU. OORIUtiOORllJt!litiliities':es <: ~~'!l> 14'$.<pS:75 ~19521NoAsset# . <.~~~imtnem9 1541P5-126 OOQ61.11!:1511 No.Asset# OORlUtilities <: '2159E-4200.001.(lCiOJtl:l1No'Asset# 00RIUti1ities<f4.;1ItP5-~..~0'$5.m'NoAsset# OORlUtilities < f512pS:126 '~NoAsset# 00RfUtiIities <~~ ". ~.E4200QDIl24t.-li!IoAsset# OORMillties.. . ,.<:<htq;l:f(~ffl_h~>..f5-Uil(.~120 .~t?' IJomestic Animal Services.:AO <:httO:f~nvname>2fi26 E-42000016436874 Asset# 20000273 IJomestic Animal Services .:AD <I:1ttp:l1cww:2~iOV~>984900 ClIlftlJmieJ' IJomestic Animal Services .:AO <htto:1Jcww21tiweb1in~242Q E-42€1O 990396 IJomestic Animal Services ~[) <htto:llCWW2ltivyeblinvname> 2624 E-4200 20000272 0008824184 Asset# 960824 ..... A__~ '~m . f.IOO3781816 Asset# 65<l935 0009194493 0003787821 No Asset# 0010742600 No Asset# .~. landfill PC not 2093 was a shared E DA ITEM 1~13,~.!Ietit I '6' 5 ~--~J Pg. 1 >..~-. .,,"i~}i. ~,,;. "A....' EMS.. 26fJ6'GPT-.. S8nr:t~PQ*961f.f EIitS<J. . ... . :> 149Q P5-1Oe _~Asset#960T77 EMS < ~.Hcww21ti\NebI!nYl7ame> 1.230 P5-75 €JOO444.352QiSitling in Juan Ortega's OIice..flIsedfm' P8ffs EMS < <Mn:/~ebfimmal11e> 1324 P5-1oo Qf6ce. Used foc P8ffs EMS . < <bttp'ffcww2ltiwebfmvname> 1329 P5-75 _ ............ tl.......,............,; ---~,.':~,tuW,\~i; _,~""'1\fl!~"""''''''N~~'-a.>~7.. .'., .'.J;~ ~Qo-.n# EMS...~~/t...;.~--""~II('~l(pvnams> '25(13' .~-458tJ.l'.... EMS <~H~'lame>1i3f1"'pttool~2~4634 Np.Asset# EMS <<bttp:I1~blil"lvn~ .'2595 ..E-~........... . EMS <~:~ebfi~ ~. ,..,7. .EE:.,......1014~.689NOAsset# EMS <~'I1~ameill!i ~...' ...0.. EMS <~:f/~8Il'lB:> ~"'I EMS <<htfp:t~ebJVlltname> 2157. ~..1~ = ~.=:::~:t:a~= 'im ~r33C~::a59NoAsset# EMS <<bttn.ltCl-..".~invnaJ\'l8> 1399 I..aptopNb Aisse1tt EMS <~'fICwW~e> 1029P5-15 .~ EMS <~.t~~ 11247 P5-75 '._4i4~Asset#960567 EMS <<~,n~> 1359 P5-1..~7~~961'003 EMS < <bttp:lIcww2tliwebiimtn;lme> 1383 P5-10000l!J5274624Asset# ge0994 EMS < ~.1I~~> 25G2: EMS <~Jf~~. 155a.P5-12e,001183Q8fi2.. EMS. < <ht'lp:l/~.-...J"'-mam&>, 2482 1~~:~Wi.,.raws. 2000 on laptop Lieenses PU~ace: Z~. ZMS Of6ce2000and~!llI'l&MS-BQ:CAi.need& to order one 1T\Ol'.eCAt..P()_"'95606:'t.~ .. .. . EMS < <btfn:ltcww2fftweb/invna~> 2140 E-3000 0008617291 Oc:hopee FiJe&: Rescue Asset#980267 . EMS <: <htto'/fGWW2/tiwebfinvname> 1'551 Generic 5001332103 *NOtAuclited because they have no due where this PC. -.EMS-notnetwortted <: ~llcww2lti_bl:i~vname> :MS-not.~ <~~e~~ EMS-aot nefNortted < <fttIIt(/~.)bl:il'J!llname>' EMS-not networked <: <tJttp:llcww21tiW:3bfiovname> EMS-notnelWortted <: ~l1~ebllt:lYname> EMS-notnelWork.ed < ~ffcwV4lt~{lVniIJI'l'lEI> 6 ..... ~859'Rl)t .._~,,' "~_~"'~C,"__. .,..'.. ..'uu.,____. 'NO . . 96'0577 ~133139' Computer came with NAV 0005274625Sitting.in Juan. Ortega's . 0004672682Sltting in Juan Ortega's 1'2!43 ~ ..-, '!~ 1'313 'l3a3 '1358' P5-75 ~1S P5-75 Ps,,75 ~75 P5-100' OOQ4443535 AITEtvL c8" 6 .~;' ,'.'l"\,_('~,.." . '.' " 1 ,'", '>- ....L 10.) Pg, r . 1ille ..<-~",.....--aw~ .1""'~2fJm':'~'4-~No ""'" ,- d. . ... .. _ ... _. .. n..:.._ .,,,,d', ..n ,..1. ...... .... ___j!;<,-_____~__~"____;r_;;_d'io~.~~4tli)'!~~f;"'~:-",,,,_~,,___-"_,,,..__,,..,,_~,.'_, Enivirof.lmentar ~f.<:,> =~5~< :~t# Fci:iIIties M · ement<:9:la~~~~t.;t':'~;'zt'7;'.7!';~12(lIfotEln ~k>-' anag;,-_.-, ',,",',' ", ... .."',' ",'.. .- -- --'~-- -... __';<<(",\;~ki;d';';"'''''_,*~st'~....,,,_~___,,,,,_,,___,,,,-,,,,__,,__,,_,_r._'_''.."''__.:...> fi'aciJitjes Management <: <http:/~2ItiWebr~Itl!P' .243Sfi'p:.'l5'.,;.~~~No~t# IWmtNetwa& Facililfes Management < <http://cww2ltiweblilWnalM> :22!46 .. 54I2OO":<<M2508D41 NdAsset# Facilities Management < <htlp'Jlcww2Itiweb1immame>'f254 P5-1& .TE)(104419114 Asset# 960612 Facilities Management < <http://C'lNW21tiweblimmame> 2296 Facilities. Management < <http://cww2ltiweblinvname> 2296 E-42oo 0014366633 Facilities Management < <http://cww2/tiwebfmvname> 2565 E-4200. 0016026484 Asset# 2??oo511 Not on Network Facilities Management < <http:Hcww2ltiwebfmvname> 2561 E-42QO oo1.602548.'fAsset# 20000234 Facilities Management < <htto:flcww2ltiweblinvname> 1459 f>5..15 00D46613fJ9. Asset# 960816 Facilities Management < <~.~~> 1216 Facilities Management < < ~. . .. .; > t 147 Facilities Management < <http://cww2ltiwebf~> ,1724 facilities Management < <http://cww2ltiyveblinvnal'tl~> 1321 960837 NElt on Network Facilities Management < <http://cww2ltiweb/invname> 1452 .P5-75 0004667320 Loaned to FaciUties Mngt atthe request of Dan libjriquez on 4n/00 Asset#969821 Facilities Management < <http://cww2ltiweb/invname> 1792 E.310Q. 0007655891 NoAsset# Facilities Management < <http://cww2/tiweblinvnaG''!e> 2532 ?? NoAsset# NOt on Networ1< Facilities Management < <http://cww2lti~invname> 2323 E-4200 0013001988 Asset# 990414 Facilities Management < <http://cww2ltiweblinvname> 1905 P5-200 0006361643 NO Asset# Facilities Management < <http://cww2ltiweb/invname> 1015 P5-15 0003924558 Licenses transferred to 1792. This PC should not connect to. network unless licenses are bougi:lt!!!! Li!:enses puochased in December. Connected to the networ1< 113/2000 (sb} fn\fEH1tDl'y update to reftectthe new licenses and ownership. Andrew.1t4/2000Asset#960292 Facilities Management < <htto'lIcww21liweblinvname> 2408 E-42oo 0013399168 NO Asset# Facilities Management < <http://cww21liweblinvname> 1454 P5-75 El004667310 Asset# 960811 Facilities Management < <http'llc;ww2Itiweb/invname> 1451 P5-75 0004667314 Facilities Management < <htto:llcww2ltiweb/invname> 1455 P5-15 0004667312 Fac::.s~rment-not netw< <http://cww2ltiweblinvn~~> 1259 f>5..15 0004419170 Fleet Management < <http'Hcww2ltiweblinvname> 2604 E-4200 00160 20000253 Reet Management < <http'lIcww2ltiweblinvname> 2546 E-5200 00152 Fleet Management < <htto:llcww2ltiweb/invname> 2466 E-4200 00137 7 P5-15 0004515124 P5-133 . 0001023382 No Asset# . P5-'1'30 ...0006944094 P5-15 0004599441 Asset# ITEM , N'N /I" E 803' 0 ASsetll' 126. Nq ~i#.~,\ , Pg. q . ..~ <.~1f~ '1iI! ..~ .e:;~4d:1C1-um.7-.ma:AsSet# ~f~et~~~. '" ,,'~, ." ,~ ,~~}"";-:,)!J\~~f""'f.i401"~",,,,,,h~!,f~~";;~'- .,,,.' ,; a~ . ..::t~~ Asset#- This Ass.etJt 980184- 11 AsseI# 910899 8 Pg. /D room Purchasing IT -1452 AGENDA ITEM No. II" E; ~- 9 Pg..-1L- ~':"::~,:::.) , I100fr . fM)lT.' :c1< g;1Of'I'"<<htIn:J~.~~'pi~~'il< FliIOf'l'" ..( <htfIj):II~~~.' mOfT '.<<hltp'll~i~~~ mOlT '< <NI:p:lf--.....~r-~ IT-IOIT < <http://~IAV~. mOlT < <bt1p:llcwwmiyv&blillvna~> .' tTlOf;r<<titm:l/~....., . -FrJOIT ,'-<:<http://~~~''fII~ ~:,< . ,. tl'IOf[ <:. IT/OIT '. < <tIt1p:l'--"-"__I'll"~Il" mOlT .. < <ht1p:l~~. ~ZJ ,.....:.:;~~~~~.,.t! ITIOf'I'" ...<<htlp:~. fT;fOIT <<l1t\:p:il~.+'f, IT/OIT <<hll:p:n~..."". ,..' IT/OIT < <http:/kww21tiWebfllWllam&> . 1S53l IT JOlT < <ht1p:/lcww2ltiWahlinvname> 135& Ttaining; lOOfT1. 11I'"/OIT < <http://~t6-hJ~.... ITIOf'I'" < <httn:lJcww~. IT/OIT < <httn:lI~tfiwAhfl!'lVUlJle> ITlOfT <<http://~~ ITIOtT . < <NI:p:l~fflWAh/lnyname> ITlOIT < <NI:p:II~/invn~me>. Dead . I'T/OIT < <httn:lI~uwname> 1;~ IT/OIT < <t1ttt,,~vnam&>1.1:' ITIOlT < <http'IIC1ARN?1\iI-hlinvname> ~. mOlT < <http://eww2ltiwebfllWllam&> f_ IT/OfT < <hlto:flcww2ltiwebiinvname> 1999 stliIgjng. room '-'TAOIT- < <hlfr)"fI~invname> .~ 117011' < </'Ittp7f1~"""inv.name>f93iC IT/OIT < <httoiflcww21tiweblinvname> 1936 mOlT < </:ltto:t1cww21tiweb1ln~> 1'94:9'. mOlT < <hlto:/Icww2Itiweblinvname> 2003 , _/?at Estes- WitbOual Boot .~3!3611:' 0004133880 Was Training 7 for Solo 0rigjAaJ -PC1K0289 laptop P5--120: ~ P5-75. 1 P5-120 ~, P5--'l5 . ~151n P5~100: ~ Power Supply Or MB ''1:366 .1..... 1_ 149S 149S 1715 . ~~3eOSi'~454 ,....~. .~~t.apep. P5-15> QQCM22B903 in .the Staging room. ~._~ Ps;.75 0005523595 Bad Power Supply. In P5-75. OOQ4544.1a7 P5-12O 0086848367 Ps;. 120: 0006478019 E-3eOO 0007'92D1.oa Solo 2300 0008424095 10 AGENOA IT.E~ No. I L, E: . top Pg. Id.. Naela . ~" jl~rl:lr.i.. ~it<:<.. !ibraty.. '.1",< fEibrary <- ~ry ,< ~ry ..< fEibrary < library < library-Everglades << Ubrary-Everglades < < Ubrary~Gafs,not t:.ibratY-1n1mOkalee,not I.ibrary~. not~. ILibrary~not~t~ Mediaticm . . < . Medical EXaminer's Office. < . number~Examinef MedicafEXatniner's Offica<~It'''''f'''~K~l .~ menitordidi1avEla seriaf.~!l8f.IJ'12.. . . ..... =:Examiner's Offica .<-~~~..2400 E~3000. '0008492602 No Medical Examiner's OffiCe. < <h~t/~2ttiweb/invn~. 9998 980639 Museum < <httoJ/cww2ltiweb/invna{l1Q> 2040.. E-3000. .0008613051 Museum < <h1:p:1I~~.al'lle>2642.. e..3IIO.0008613G50 Museum.< <http://'"t';....-.--.-l~ll> 2'M2....:.1.~......~ Museum < <http://~71tiwA~ 1812. E-42OOr80101452Ef Museum-Everglades <~:/ll:WW~lP\(flifl'lB>' ..... 2G-14 E-.4200 O1l15566439 Asset# 991143 . Museurn-EvergJades . < ~fI~21fiWEIbIi~,'1'~E'S--71~"t.i~61825No Asset# N~ Resources <<http:'lc:ww2lti\NetJJijm!l8>.~.....F'5-:lS":.."."."~" . Natural Resources <~"~liNi7lm1MP._r.~...:~l. _f4.3 NaturalResourees<~~~'1!632'E'S--~..iU~~ Natural Resolums< <hl\l!l'll~m...mame>1S51......$Ol!i). Ifl()..lIIlA'IISQ Natural Resources < <htWJ/~at1'lEP1.Ps;.:Z!:j; ii:~11'4 NaturalResources <<http://~flat1'lEP '~E--38GO"~.&~1 NaturalResources <_1836;.. PS--1'5........ . . ~r~~.a.~~i/...18M~=~ ~GENrtt1\~ - PWED < <http'lIcww2~rUMlall;Je> 1.885 P5--1OO0Q05523SllTAssettf9631 PWED < <http://cww2ltiwt\b(~>.. i 1805 P5,..1OO000502359612R199 . .!t.lJj0:;r~ - . , computer. Trying to track dOwn. wI'Iat happened to Jotm Comi's oIdAndreW ASSet#1369- ' ~. . J 11 . "'.'1.;~~~.:;7r.;,''':-CIII!9C.h:_~'''''mJton our " 0",A::,~~;.4.4ii-..ji)tf--~~;;,d.~~"."",."..,~~^,''':~ ,,' . hcoo.lT number or asset . . NO IT number but the N04T NUMBER ASSET Pg. -, .. Used for ; 'fRadimir Pwm' PWED. PWED < PWED << PWED < PWED <<htW~~llj~ PWED <~!t PWED < <trttv1l~ PWED. <<W'l~> "~PWED . <~.I1cww21liW """""Il'A1~ a_way,iand "I''tICEId., 'i PWED .:., . ...... ..... .. ~ R~_~1>1t ~~ < <httl:t}T~iwname> 1895 P5-i5 pINED < -<httn"#cww2lfiweb/~ 1896 P5-'t00 Replaced bJ~' PWED -<<h~'II~~j.wel:>/~> 1903 P5-15 .. < <htto:llcww2ItiW~ftnvname> ~Reptaced by 1449. PWED < <htWilcww~OVname> 1l'#1605 PWED -<<http'/lCWW~ 2152 E-:4~.JI011548139Ass IJ~ PWEO -< <Ntp:/~latI!Ie> 2555 E~iOO't6G58911 Ass_lff20000328 PWEO < <Ntp:J~~ 1904. P5-_1E'!iI095&;t203 libA8s~ Parb8OReaeatioD<<bttn:/~~ame> 1~'Jil5-l5 Parb8O~<<htJno~._~~ 1~iiP5-75 Parb8O~lea~<i.4~r.I1","",,~.~.ft~';>-'=.;i'~__.,..',,' . .. . Parb8O~<c4IIl'Pt/~ ......... .-. Pat:is & Recreation -< ~Rt:_~lil~r-~ .t251 Ass",-UJ:96Il619 Parks & Recreation < <h11:p:LI~lrl\lname> '\1848 P5-100 06061S-1385 Asset# 970195 Parks & Recreation < <Ntp:11~~ 1549 P5-126 ~131 Parks & Recreation < <http:1t~1fM';Iame:> 14m"' P5-120 ~135 No Assat# - Pat:is & RecreatiDl:r <<htW~,-"r~"",:> 1I2S5 JilS.i5 ~l"..L~tI/,'960589 'Pr:Id'c$& ~<~~"-'''T'ml!J>. ~.P5-75_llitGS:nA$ll#M05f$5' . Pat:is8O Recreation < <btt$'l:f/~fWf'Iame> 125iP5-75 lJOO$' Parks & Recreation < <Ntp:II~el)lillVname:> 1271 P5-i5 Parks & Recreation -< <http:Itt'.-n/ti<u~lrlVname> fC294 P5-75 Parks & Recreation < <btt$'l:LI~lWQaIlle> 1411 P5-120 12 1824 0004185732Tfansferred to Road and lJ~Removed by IT, notfOUfldyet 0004185731 Trapsferredto Road and 1910 P5-1OO 0005523590 RemovedbylT, not found 1937 486 JV4YN 'S$r)t to Sl:Il'ptI.Js. Was replaced by ..... f{., E' 'l. Pg. Ii-/- Parf(s &~ll ~<~tf~~~\ip~ >,tl~,,;[~1~~~!Asset# ~k~ J:tl pi~ ~gcR~:g~~ . set# ~-" P*&R. C1~::&'~!1l11fl .F~f~?";P"~'~:Asset# ~r:H,(~",~,~&"_'""'n,,,~,,~,- .~.... . ". .... :I._~,[J~~ ~-",-_..- J,,mr~~,,~~i@"W0;_ P.&c~~~!~~~ls~1ff~~~~et# PaI-ks&~! 910214 ...... . . Paris & Recr:eatloll Paris&Recreatioll, P8rkS&Recr:eatloll 9iZ0221 ' Parks & Recreation' OLG <htlp:lfCWW2/tiweb/ir1vname>." 1~,P5-; Parks & RecreatiOJIIOLG <I'lIlJ1f~lIWname>,.. ~1i'!P5# Parks & ReCleation<<I1ttp~irwQame>1_",.f5-.:t~< Parks & Recmation< <tmp:lIeww2lfiWelJlimmame>J{. Parks & Recreation < <http://~bI~ame>. Parks & Recreation < <htlp:/fcww2ftiwebfinvname> Parks & Recreation < ~tlp:lfcww2Jtiweb/invnamE1> Parks &.Recr:eatlon < <Qtlp:~~invname> Parks & Recreation < <tIttp;/~mmame> ~:~ecreation < <htt~t~!'I'Iname> Parks & Recreation < <http://cww2ftiweblinvname> Parks & Recreation < <http://cww2JtiweMnvname> Parks & RecreatiOn < <htto:(~lIMlame>. Parks & Recreation .< <htlp:f~eb1ir:1'lRame> Parks & Recreation < <htto:/~l>flflVTlame> Parks & Recreation < <htlp:JJ~linvname> Parks & Recreation < <httoc/JCWW2JtiweMrwname> Parks & Recreation < <htlp:fleww2ltiwebfirwname> passwon:! of stayout Parks & Recreation < <http://CW\lW21tiWel>1'lIMlame> 1721~ Solo 0006921265 Asset# 1721 Parks & Recreation < <htto:IJCWVV2ftiweb1invname> 2334 GP6450 Q011173728 Parks & Recreation < <httpli~m1iname>- ....~ 'SOb ~.... Parks & Recreation < <1ittoc/fcww2ftiweMnvname> 1219 P5-75 ,{)Q()iICit'-t9193- Asset# 960691 Parks & Recreation < <htto:/fCWW2JtiweMrwname>2242 GP6-45O'QO-11366953 1/14/00 Moved to Back Office by Pat Estes after setting up rr~254&on; 111MlO Andrew Palm III connected and Digital CameraNCAssei# Parks & RecreatiOn < <htt,p:/fcww2ltiweblinvname> 24211 ... E~30QO QOO8226859 .Asset#! 980163 Parks & Recreation < <htlp:f~finvn~> 1412 P5-1i20. Q()(!J5095134 Asset# 970230 Parks & Recreation.': <NtP:J~.ame> 194B, P5-75 ,~. Parks & Recreation < <htto~lin,mame> 1296 P5-75.. ~16 Parks & ,Recreation < <http'!I~lin,mame> 189Z P5-1'20 . ClOO5701178ThiS used to be Howard McFee's PC in parks, Howard is now in Planning Ser\lices I!Il!l Ass_ Parks & Recreation < <http://~tiwebllnvname> 1199 Solo .~~ Parks & Recreation < <htto:~~ '924376, . .13a8.MOO12 Parks & Recreation < <l'lttD-/1cww2ftiweb{lflVTlame> 963618 1'29T . AGeNDA ITEM Parks & Recreation < <htlp'lf~eblifromame> 1119 SOlo OQ069212 !'ilotM-t# ;u, r;; Parks & Recreation < <htlp:JIcww2Itiw~> 1308 P5-75 Parks & Recreation < <htto-:If~blinvname> 2540 E-4200 Q01551 13 )'10 Asset# , {::-' 125"Asset# 166 1410.' P5--120 1190 P5-166 248~ 'PS-:1:2o a;ai n ~.5 ;~9 ~:Asset# 910157 0005I96133Asset# 910229 No Asset# Asset# 961006 1406 . P5--12D 8OO5ll9513O No Asset# 1835 I?S;-t20 ~126 14<:15 NoA III 2362GP6-450' ,Mt1S36952 No Asset# 942398- 14869&0664 1409 P5-1--20 oomi095119: Asset# 910215 1415 P5-120 0005095122 Asset# 960830 1'350 P5-15 0064733881 has screensaver No Asset#;- ~ Pg. IS-- .......mmil(~........~~~~~~I!.~t# ""'~''''..,... W" "'_. ww..._.""'W_... ,..,....._. ___,] d'__ . , ..-.,;~~l'~=JL.((;i%'h~ _ ~_,.,,,,,,,., ',,' ,_;,.,..,'_._.__.~~_ 2CI8OOS06 . . PI8t1rling$el'vlces Pf~.~ ~'~'... Pff:II-Ii>~.5eMCes PbInning~ Pfanning S$vices PfanningServices 20000773 Planning Services Planning. Services 2??oo507 Planning Services Planning Services --20000756 lJanningSeNices Planning Services 20000778 Pfanning Services Planning Services Pfal'lning Services 20000774 Planning Services 2??oo763 Planning Services Planning Services Planning Services Planning Services 20000766 Planning5ervices Pfanning Services 20000765 Planning Services Planning Services Planning Services 20000767 Planning Services Planning Services 20000777 _Pfanning Services ~ingServices .roooo772 Pfanning Services Planning Services 20000769 990793 960588 < <htto:f1~eb/invname> 225.1 >E"";200i .0011197601 Asset# 990266 < <htt;>:IICW\N~ltfla~> 903&19'" E...0t:280oofi546457 Asset# < <http://cww2lfiwebrmvname> < <http;IJ~1fiweblinvnE;lm~> 2313 P5-75 {)000f22()902 2710 E-4200." 0017546451 Asset# < <httv.ll~~linvt1aR1fP 1238 P5-mG < <http:~nvname>. 2612E-4200.. < <htto:f1~b{mvname> < <http://cww2ltiweb{invn~ < <htt;>:/I~I'inVD~>' 1228 2254 2618 Asse1# 961005 . ASset# P5-75 E-42oo E-42oo .. 0004443516 0011797590 Asset # 990255 .OO1~1 Asset# < <htjp:J/CWW?ttiweb/il)VDarne> 2722. .E-4200. QQ17546458 Asset# < <http://cww.?ltiweb/invname> < <l'Ittp:/lcww2ltiwebJinVDame> < <http:tJCWW~b/inltflame>... < <httpJJcww~~AlII'IaITIE!> < <htto:llcww2ltiwBblinvname> < <httD:llcww~/invname> < <http'l1cww21~eb/invname> < <http://~lti ..'-bJ.invn~> < <http://~/invnal'mi'> < <httD:llcww2ltiweblinvname> < <l'Ittp'lIC1,VW2ftiweblinVDaml;l> < <httD:llcww2ftiweblinvname> < <http://cWw~nvtlamE!> < <http://cww2ftiweb/invname> < <http://cww2lJwebJinVDsme> 1363 1380 1246 2716 P5-1OO P5-1OO P5-75 E-4200 0005274622 Asset# 960992 0005274638 Asset# 961008 ~3 00175464&1 Asset# 1'233 P5-75 0004599472 No Asset# 2714 E-42oo001~ Asset# 1229 ~750004443518 2047....~ NoAssel# 2700E420a0017546462 Asset# 1296 P5-75 0004503455 Asset# 960547 2680 E-42oo' 0017546484 Asset# 1335 P5-75 0004t733890 Asset# 960920 2614E"";200 .~79 Asset# AGENDA ITEM 1334 P5-75 000459 5 -hiYo+H 960636_ 2708 E-4200 00,1754 Asset# I r; E S" 14 Pg. I f.c i'lat1l-. SeMc::eS.'.<cfiUR;~ ....e>.r~/':E-:!I~j~~~et# "'v"......,. ...... ..,.u+.,.........,....." ...,_, ... ',... _',. ......... .____ ... _ .~._._.._ '-' __"'.."~kS!;:::::::"%_~_._._.".~._..... ..,._._~',.-JI1'!:t~i~I'~~~7JE.""',(-,__...u... ,"'~~SI!Ir'~n..If~.;~ III.. . . .,__ .... I I. .;:' . c_ .., ~ Plit.1afi " ....... III p~ ',':.c0c-:'.'-.',"',' ~~. ~~~ Pfawuit.lJ 200S071Q ~~ ~.Seri/ff::e& Pr';1,';-SenIices;. '.' ..mgi . '. ...., ~62 PlailningServices ..-< <flt\l:/~~ 271& 20000158 Planning Services <<htt,p'IICWW21tiweblimmame> 20000503 Planning Services < cfiftp:J/cww2ltiweblinvname> 2692 E':4200~c 00176!f9347Asset# 20000761 Planning Services < <http://cww2ltiweblinvname> Planning Services < <h1tp:llcww2ltiweblin\ll1ame> 20000764 PIalming'Services < <htto:llcww2ltiwetllinvname> 2724. E.':4?OO .0017546463 Asset#- ~O'768 PlanningServices < <flt\l:/lCWW2Itiweblinvname> 11'~cP5-1'OOOOO5788795 Planning SelVices < <httIYJJCWW2Itiwebfmvname>'361(i'SO\r) ..~ P1anningServices <<htto:!lCWW2ltiwebpnvname> .938965 P5-75. 00044435181229, Asset#- 960566, came from.Plan~ S~torn. Heward. Mt::F'ee Planning Services < <htlD:l!cww2ltiwElM~> 2686.E-4200001~ Asset#- 20000776 Planning Services < <htt,p'IIcww2ltiweblinvname> 2688. 20000760 Planning Services < <http:Hcww2ltiwebJinvname> 1379 Planning-Comprehensive < <htto:Hcww2ltiwebfll1vname> Planning-comPrElhensive < <hn,p;lJ~~(ne> , 960638 Planning;Comprehensive Planning-c0mpt9hensive Planning-comprehensive Asset#- PlanningIMPO PlanninglMPO PlanninglMPO PlanningtMPO PlanningfMPO Planning/MPO P1anninglMPO 2000064'7 PlanninglMPO <<tltt,p:H~-~-^- 1151 P5-1OO. ~1.5 P1anningIMPO < <l:\tt,p:!l~~rnlrlame> 1248 P5-15 QOOit!f1'~25 PlanninglMPO < <htt,p:Jlcww2JtiweblimI~e> 131.Q P5-'l5.. 0004599i466 PlanninglMPO < <httD:llcWw21tiwElbruwname> 2402 GP7'-600 0011718 7 . . Pollution Control < <httD:Jlcww2/tiweb{II1\111ame> 1255P5-75 0004419 5 15 ",,"'" '.Asett# ,:~ E-42OCf ' 001~3 Asset#- 2696 E-42lOO0017546452 Asset#- 1360 P5-100 0005274636 272D E-420000.17546459 Asset#- E-42090017546455Asset#- P5-1000005274620- No Asset#- 1338 P5-75 0004733878 ,~.P5--75 0004599477. Asset#- <: <http",J~name> < <htlDtl/CWV(~v~e:> < <http://~iwebJinvname> 1145 :t.35 t 1141 P5-1'OO PS-75 P5-100 00€l3788799 0004733883. No Asett# 0003788793 No -< ~Hcww2ttiWebJi0VP8rne> < <f\tt,p:/_r9'lMo ~~:> < <tIttVJ/cww21fill,e!l.lillWl-tte> < <htl;p:Jlc:ww"J<:... l"""l'nlname> < <Ilttp;lh~~,..J<",....~~> <: <htto:fI~linVname> < <http://~br",vname> 2612 2t5D. 1241 2726 2316 26m 2404- PreCiskm 210 9tI'1SR . E~ . ~ NaAsset#- P5-15. 08f)i4i4 43531' JIIO. Asset#- E-4200 0017546478 Asset#- 20000771 . ~km22D 4D9uI 't.Ii~"~" PrecisioA 210 CI:JG9L Asset#- AG::i'iDA Il,Et~, No. 1 {' ~ Pg. 17 AGi:;NOA ITEM No. /4:> t:: K :t4;4;133 ~ ~~ IlJOG465 21 Pg. I^" IiltirlIicbtfo1n.aifO E\lI:lIlc- . ..' ~:.' liIi;:illto/ ~ '. " ,'.. ~.."'" .' ..' < flfiIIIiG fI PUbJic; - AIblIe: ~ PtiflIiC PltIlIic: PutlIIc' ~. )c,....;..,;'. .. .'!' ~... ~: ~.'" ~. ~. Iii''i:-el# public- Works-Op~ ...<~J1t::wYQltiWefJfllwr,l.n~}'>...' 'Z4:t2..w.f:~.._3936093 PUbllcWOfks..OperatiG~..,...<~I1~~,'r..,~,::~~fW~79 Public WOfks..Oper:atidlils <~'If~~~~?~3rW~.' '.~4875431 PUbllcWorks-Operatiol'lS....<~:1Icww~~.,1; .;;t~'~95 Publlc Works-OperationS'<<_:II~~tmI~';~ ..... .... ..';J:.1.<t1-T4741 Public Works-Operations . <<btt&:)"{/cww~Jin...name>1385'p7$..r".800S762B21 1/31/00 Transferred to Staging roorll."lithtwo monitorsand'1 keyboard N~~!3S~~papers. Andrew Part. ofTestNetwork{pauI};L Puhfic~<~/~~{l~;""" =~;~.......'~..'.....'.." Ptlrchasing <<htlo:J/~~W.",7'4i.. . .... ., Purchasing < <http://cwvv2ltiWebJinvname> '2OB1,ratlfl.Jdl! ... Purchasing <<hUP:/~~'W~: . Purchasing <<httpJllcw~~~~~~.;' Purchasing < <http:/~i(llI.n~'."~.~.r Purchasing < <httP:f~~ '.. ~;W;P5-7!i Purchasing < <httD:ll~R'\!J\ame> ..2485"'E'4200' Purchasing < < ..' > 1453 P5-7$ .. Purchasing < < 2300 E'4200./f!G; '.' Purchasing < < . ..' '. ..... 230(J);E-42OOf ~No Asse1# Purchasing <<htlp:/I~rovname> ."f458 'P5-75 ~1'~!:L!4pltlOOVedto staging IOOIJl' 0111111191:199$-' . PUrchasing < <htlpl'lf~nvname> 2036 E-3OOQ .~.Asset#973308 Purchasing <<htlo:.~nvname> 2491 'E-42liJG . 24D1'AS1l9tf#1J90199 Purchasing < <httm~mvname> 24CJ5 . E.~..;",~.~LJtSl100 Purchasing <<httD'J~ame>-. .1~f'Sr7$ "'i~ PUrchasing < <httDtlleww2lti,\d9f:l1invname>' 229&.6 ,.IlI8ls 11 .~ RSVP < <http'JI~'-"""mvname>.t192 1>>5-75 ". .... Ass_1# 960472 RSVP < <htto:/I~lrMIamEl> ".291 E-42EIO.... .,No.Asset# RSVP < <http:l{c,.w2J~ITtJ~~2144-. ps,..12tl. . ..... Real Property < <http:/~bJmv.oame> 1'224 P5-nr.... Real Property <<htIp:/~eblinvname> 1263 P5-'l5 Real Property <~tlll';." . ~,...r.n!,nl;lJ1'le> 't't96.. ps..75 RealPropelly<><hfl:jlTlklf~c""~r"'.e> 01, ~.."~' Real Property <<http://CW11~bfinvname> t217 P5-15,. Real Property < <htIp"f~/tiweb/invname> 2618 E-42QO'. ~at Property < <h1;1p:/fcwW2.ltiwebJinvname> 2652 E-4200001682 used from t"F-1224 1098 1103 1 25 1102 Asset#960822 € s 17 Pg. 19 ~;N.y 3 OO:1~ .1~ ..~~;Z~ New Computer setup .~.o1fiee. ~ assigned to this ~~=~05l't9/2000 P5'1$ 8Ol!lM:~6 E-3000 00l!J8!tM8OQ ~.==. . 'E. AG<:,'<DAl'ii No. " Pg. az) : ''it 'Attdlney'Ji::; ~~.,<:' SCf~ J'AII.t:lI~l-1:<:; '. ~~~ili!:W';;<," state.~;'<' StateAttom8Y' <: State Attorney<: StateAttorney <: , ..,...... '" .. ....... .. ..200~:: State Attom8Y' <: <IM4>:R~I!>~'I'l>i~iIP.'2031;~ state AttorneY' <:<IM4>=ff~;>:.1989" '.' ..... .0EIJ811't4195 state Attorney <: <:http://cww~bflflVrrame>.'202'f;;~'l~\~1cf4807 state Attorney <: <:hlij:r11cww2ltiweb/invrrame;:., .2023 . P5433.iQ008114793 State Attom8Y' <:~ltDtff~nv~;:":H02015~~;:i....&~ StateAttomey <~~''':'''''''.''''''''~11''~~ti7'.r~::;E148CJ1'' StateAttomey'<: ......, .'. .,. '.. ". ,'.., . . state Attorney '<: ' state Attorney:.;. fiB'\. ., State Attofl1eY< it4tUt State Attoniey <:<:htt.p:i~"'-""~.<., ,~. ....,~:t~ Stolen from S~fof'~' '. :,'.<< . "'1:&.t.E-aooe . 0008254740 Stermwater Ma~<: .' .'. '.......'~ ""'~' .."'- 991f..471 Stermwater Managelnent.<: .. , . ' ...,. .~1:';,~;~15 - Stormwater Management<''<httO:l~Il'I\tflat'J~1;$"l5.~ . "9004257708 Stormwater Management<:<fllto:lIcww2Jtl1.........~;:., 1:.'4lt8 'f?5.i5.0064667313 Stermwater Managernent . <~:/icww2ItiW1TIf!"mvn~ ." 2473 ",U>".,.., Transportation <: <:1:ltl;p:/~~1i~2182>P5-75 ';~136 Transportation <: <httn-l'~~-'~J,t9t5PS-1~.98OJ13475f Tt;m5pOrtation <: <:htff;I~f:l\a~' ~,i,;~1~if:~1~,~AsseI#970896 Transportation <: <:htl;p:1J~~ '19'l'#I'5-15 00" t50a8/\:J AsseI#.960757 Transportation <: ~:~~> .2265;&4'2O()I.1,~:tt:iti.. No. Asset# Transportation <<htm:/~MIni.---,$192()i.;;Il':5,-15 .,1 .,~ Transportation. <: <:' ....~1;l'.:..:P5-15 ~. Transportation <: ....,~::~75; ~_~tJ. Transportation <: ,...~H.f'S-15~'t. Transportation <: '>,.~f!il5,.;15.~Assel#'960758 Transportation <: <http=lfcww2ll:iwebfIflVllarn&!> ..24480009&14&16 Assel#'980492 TransportationfTraffic Ops < ~:lf~llhyn~ .20(9' P5-15 0004503883 Asset# 960765 " TransportationfTraffic Ops < <f!ttp'IIcww2ftiweb/invname> 2613 LatitLIde BA3DE Asset# 2lJI!lOO231 Tr.msportationfTraffic Ops < <:http://~tiweb/invname> 19119 P5-15 960760 Unknown <: <tlttp:Ifcww21tiwebJ\nyname> 19.29 GP5-66 246882T4: Unknown < <tlttp:/fcww21tiweQ/invnanre> 137'0 P5-15 00052'Z'4617 <~r ~, ~ ' \ " ;~09513T , ~~'t' 8" 19 Pg. ~( >"':;~, - 'No '.'.~~fIIj--' '211111lIlf"-~~ff~F~., A$set# . "" ".."._ /r-'~~ .."_.~,,_,,.,,".." "._.MPi7-::.~":;/"~"~."..''';;'''''''''<0._''''"_"""<".",,,.,_.,,,.;.,-,,,,,,, '.^' .. ~i:l1ItEM-~~~<;<1'1t~, .. tiJ1Ifti~,~,\:!,,_.;pe~~'~~t,,;~. .-' .. . ,'. '..'.' '-$Ifl~.iCt<tJttg;l.lI/w.1 a803QIi) . ".'~S<;<http:{{~~~'26Q2 GP7-500 .' Q01li197585 ,E11,2;4199 NeW. eomputer~~~1.Y .... utIIiieslW~teJl-Shfrley~<<b~f/~iwab/irl~i,1,~. P5-100 0005362979 No _set# IJlifttieslWastewater-Shirley S <; 4dtp:lfcww2~eblin~>. 1923 ~100 0005362978 No 1Mlset# . . ... l:JtiJitieslWastewater-ShirleyS <; <htto:llcwW2Itiweb/invname>2306 GP6-350 0012961197 No Asset# utIIiiesJWastewater.;.Shirley S < <trttp:lfcww2/tiWeb/invname:>r 2392 latitude 543-985-51 -lJtlIities.IW~ater-Shirfey S< <http~/ll;WW2Itiweblin~' 138& P5-100ooo5407080 .;$:.Asst;Mf.9Sc1Q36, UtilitiesJWastewater-ShirleYS < <http:f~21uweb/illVna~ 1~1P5-_0005362890 No Ass9t#... t1tiIIties/Wastewater-Shirley l? < <http://cww2ltiweb/invnacme:>r 1932 P5-133 9607515328 ..' Asselit...961343 tltilitieslW~-Shirley S < <htto:lf~invrnil~ 1561. ,P5-1'OO. 0005362977 No Ass.el# . UtilitieslWastewater..shirley $< <http://~..~'''l'nv~ ',' 156D . P5-1Q(l 0005362981 11129199 This computer Iisted'Lll'\derricharomme-.DisableU'because Marc Frazzano got a new one and this was the one that they were tra~ licenses: from, Andrew 2128100 Checking with Tammy.on. this" Need to know if it is licensed~.Andrew No A$sel# UtilitiesJWastewater-Warren St < <http'lf~2Itiweb/invname> 2355 Gf>6-350 0012498047 ftbAueltf tltiIIIlesJWastewater-Warreo St 'Assef/I 980207 UtIlitiesJWastewater-Warren St UtilitiesJWastewater-Warreo St UtilitieslWastewater-Waaen St UtlJitieslW8$teWater-Warreo St .'AssetJl9J0272 UtlJitiesIWastewater-Warren.St < <http://~2~i\''-'''ilW1ame> 2184 E-3000 0008237901 < <http://~Im-blinlroa~ < <http.IICWl11'l21th-....an~ <<http://~~> <<http://ClWOt'l;i\i!t6M~> 2186 '8OEl5 8006 1898. E-3000 000.7532098 solo 001>1605877 P5-90 tinown P5-t33 0006236049 < <_:t/~l)Vname> 2417 Gf>7-55Q 0016069585 UtIIitiesIWater < <htto:IIC11ltW21tiWe~me> 1919 P5-fi;6 6ooZ654048 UtIlitiesJWater < <htto:lleww2ltiWebl~> 1664 .P5-166 ~Gave to Steve Lang - tltiIIIlesM'ater-9&t,.<;~~.~~l:!~> ~1?5-~..,_.]Jm84 'JtiIItIesIWater-95t/.,cc~~'-.'-'~V~u~> DB. E-4:2~'" ..... ' UtIIitiesJWater-951 < ~,~ 2351 PS:-. ....EI'IQ"l',. ..... AGo.;;'!DA lTE;.1 UtIlitieslWater-951 < . > 2352 001..~f No. 1':,p, i UtiIitiesIWater-951 < :> 2a54 E-3OO0' .... 9 ITJtilltiesIWater-95t < > 2293 E---4200,'OO1 '43, 20 Pg.~ '~~~',;c""IIlil~"'~.B"";..,2C3r1J/~...'.,~,No ";:r.;.~..!,;~,,<,~>"..__ .. ."'g![.' L~ ~_"W~~~~. .. ~~...,' ...."-",,'"'. ._m"""_""~~~"'n. "'0.'..",'">",,," '>~ .. ~ROad<c"''llII ..~. iliO!JlN'..............""2599'yJ:~.QO~.Asse1# ,....;j'....{;j'h. ......... .,.,..... ...........,...........~ .. ~.d~...*~~1Z~rr;~~"'>,..,."...~.,..*..,,;...~,..,,'.. _...L',,-,",..,.'C,.L ./_,__~_.-.*_=w_""_-_.,"_.._...,...'.. . ....., ~~J:er!f~lII6jAsse.. . t# UlIllieS1WateI;<;;1f.;~ ;r.-r~-;C:. . ./t'n~~Vf:.,,;~:8M;;<F =~lety\~o(~~:l~"~ ,~.... ~~ .....~i~"I"lJ29I99 ~"''''eryI . u . ... ".2:183> P&--15 3 1Pl3162822 Asset# ~.' OtiflliEl$IWater-vanderbift:<~:f/cww2ltiWebf~ .1935 P5-150003~24 UtiIities/Water"Vand~rbift: <<:_/~tmtrJame> 2187 E--4200 0011070540 UtifrtieSJWater-Vanderbilt <:~r.~name> 1388 .'0003162818 UtilitieslWatef\-Varlderbilt <: <htW:ll~iWeblil'lvname> j.. 1397 P5-f200005536276 UtiIitieslWater-Vanderbiltlab .<:<ht4l:11~2394<-/~15 ,,0003762820 utility Franchise <: <:http://cww-2ltiwebfmvname> . 1343 . P5-15 . 0CI04599436Asset# 960832 Utility Franchise <: <:htto:/Icww2ltiwebJinvnafl'Mit>. "1021 'P5-7'5~111 Utirrty Franchise < <:http://cww2ftiweb/invname> 1347 P5-75 . 0004599439 Utility Franchise<: <h~:l1~2/ij!,veb/invnalTlf;l> .jj 1352 P5--75 0OO4515714Ucense Po# is 952788lnctudes NAV. . and~Cl\l.. tltlIity Franchise < <:. '. . . > 13it.1J?5.1& 00fI45.1SZ21 utility FFlimchise < <htm:/~> ....1~)P5-15.~~4Q. VeteransServices < <htt.p:lICllllV42ltiWeblinvname> 2:40.7 . E4200()013337576 VeteransServices < <httD:IJ~name> 2406..j E4200 OO~ Veterans Services <: <http://cww2Jij)veDlinvname> 1307 P5--75' 0004599468 Witness Management <: <:1:lft\):II~n~J6"6 P5-133~19<1f).79 Witness Management < <http://CWW2ltiWeblinvname> 1751 P5-133 0006794068 Witness Management <: <:httD:/lcww2ltiweb/invname> 1733 P5-133 OOpe194076 .p5:~~r~was:fOrrne'rly 1!JUlitIesIWale.:a5:1' <: ~ QQimrrS: . . ,t.,G"""DA l'r,-:i;,L No. /&/::::? Pg. 6<:3 21 ,...,. "~.. .~ APPROVAL OF BUDGET AMENDMENTS BCC Agenda of October 24, 2000 Tourist Development (Fund 193) Budget Amendment #00-515 Soecial Events Remittances - Gulf Coast Runners $120 Reserves Reserves for Contingencies (120) Total: -0- Exolanation: Funds are needed to increase the line item for South Florida Forum Advertising. The cost of the advertisements has increased. General (Fund 001) County Manager Budget Amendment #01-005 - Public Information Operating Expenses $48,000 Board Related Costs Operating Expenses (48,000) Total: -0- Exobnation: Funds are needed due to transferring the coordination of the Board Agenda to the Office of Public Information. Funds budgeted in the County Manager's Office will now be moved into the Office of Public Information. AGENDA ITEM No. /(, 6-(,) OCT 24 2000 Pg. / EXECUTIVE SUMMARY APPROVAL OF CONTRACT FOR FINANCIAL ADVISORY SERVICES OBJECTIVE: That the Board of County Commissioners approve a contract with William R. Hough & Co. to continue to serve as Financial Advisor to Collier County. CONSIDERA TIONS: The cUlTent agreement with William R. Hough & Co. for financial advisory services was executed on December 16, 1997 and will expire on December 15, 2000. The Financial Advisor has been working with County staff to develop a multi-year financing plan for road construction. The multi'year approach is required due to the volume of road construction contemplated over the next two years. Due to the need for continuity associated with the on,going eff0l1 to develop a financing plan for road construction. staff is recommending that a two,year contract with William R. Hough & Co. to serve as Financial Advisor to Collier County be approved. The Purchasing Policy (Article V(A)3) provides the Board of County Commissioners with latitude to waive the requ1rement for formal competition where it is in the best interest of the County to do so. Given the importance of the road construction program and the work done to date in this regard, staff is recommending this waiver of the Purchasing Policy. -.. The term of the interim agreement is a two (2) year peliod from the date of execution. The fee structure is ,dentical to the existing agreement. A change in the contract language eliminates the one-year renewal option. Staff from the County Attomey's Office has reviewed this contract for legal sufficiency. (Contract 1S attached for review). Staff has also identified the amount spent for financial advisory services in previous fiscal years when Raymond James & Associates served as the Financial Advisor. A total of $204,744.88 was expended over the slx-year period from FY 92 ' FY 97) with an average annual expenditure of $34,124. In compalison, under the CUITent three-year contract with William R. Hough & Co. the total amount expended for financial advisory service amounts to $54,907.07, with an average annual expenditure of $18,302. GROWTH MANAGEMENT IMPACT: The road financing plan being developed by the County's Financial Advisor is a crucial element in meeting the requirements of the Transportation Element of the Growth Management Plan. FISCAL IMPACT: The type and frequency of service requested will determine the ultimate cost of financial advisory services. Existing funds for General Fund related financial advisory services are included in operating expenses within the Office of Management and Budget. Any non-General Fund work performed will be charged directly to the department and fund for which the services were rendered. AGENDA ITEM No. 1(, G (~) OCT 24 2000 Pg.---.l_ RECOMMENDA nONS: That the Board of County Commissioners: 1. Waive the Purchasing Policy requirement for formal competition in the procurement of financial advisor services; ~ Approve the interim contractual agreement with William R. Hough & Co. to serve as Financial Advisor to Collier County: 3. Authorize the Chairman to execute the contract on behalf of the Board: Submitted by: r/l/1~. S ~-_. Michael Smykowski, OMB Director Reviewed by: ~ /: /MU James L Mitchell, Finance Director DA TE:&.:!7- DD DATE:~ 00 Approved by: DATE:~'C\O AGENDA ITEM No._..L~{>- (... ) OCT 24 2000 Pg._- ). FINANCIAL ADVISORY AGREEMENT BETWEEN COLLIER COUNTY. FLORIDA AND WILLIAM R. HOUGH & CO. THIS AGREEMENT is made and entered into this day of , 2000 by and between COLLIER COUNTY FLORIDA. a political subdivision of the State of Florida ("County") through its County Commission, and WILLIAM R. HOUGH & CO.. a Florida Corporation with its principal place of business located at 100 Second A venue South. Suite 800, SI. Petersburg, Florida 33731 ("WRH"). WITNESSETH: In consideration of the mutual tenns and conditions. promises, covenants and payments hereinafter set forth, COUNTY and WRH agree as follows: 1. PREAMBLE A. lt is understood by the parties hereto that COUNTY requires professional financial advise from time to time on various matters involving its nonnal operations and further intends to undertake the issuance of notes and bonds to finance the various capital needs of the COUNTY. It is also understood that in connection with such professional advice and the issuance, sale and delivery of such bonds, COUNTY desires WRH to perfonn professional services in the capacity of COUNTY's Financial Advisor. B. WRH is, and shall be, in the perfonnance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services perfonned pursuant to this Contract shall at all times, and in all places, be subject to WRH's sole discretion, supervision, and control. WRH shall exercise control over the means and manner in which it and its employees perfonn the work, and in all respects WRH's relationship and the relationship of its employees to the COUNTY shall be that of an independent Contractor and not as employees or agents of the COUNTY. 2. SCOPE OF SERVICES By this Agreement, WRH offers its professional services and facilities as Financial Advisor and agrees to perfonn the duties nonnally perfonned by Financial Advisors as set forth herein and to perfonn such other duties as Financial Advisors as may be requested from time to time by the COUNTY. Specifically, WRH agrees, as directed by COUNTY: A. To review and evaluate the financial condition, policies and plans of the COUNTY and work with the COUNTY's staff to assist is the development of a AGENDA ITEM NO. It.> (, (.:1) OCT 2 4 2000 Pg. 3 1 long-term financial plan in conjunction with the COUNTY's growth management plan. B. To cooperate in and coordinate any financing herein contemplated. to prepare the necessary financial studies designed to demonstrate the many varying aspects of a particular type of financing and to recommend for COUNTY's approval a plan of financing to cover any proposed bonds. Such plan shall include a maturity schedule and other terms and conditions as will, in the opinion of WRH, result in the issuance of bonds under terms consistent with obtaining minimum net interest cost. Such studies shall include the compilation and analysis of all necessary statistical data. C. To review and make recommendations on reports of accountants, engineers and other consultants to assure that such reports properly address the technical, economic and financial risk factors affecting the marketability of any proposed financing. D. To assist COUNTY with the necessary steps to be taken for the legal issuance of bonds and the final delivery of the bonds, under the direction and legal advice of a firm of recognized bond attorneys to be retained by COUNTY. To work with the COUNTY attorney. bond counsel and COUNTY's investment banker in identifying key bond covenant features. To provide option flexibility and assume possible interest cost to the COUNTY. E. To advise COUNTY of current market conditions, forthcoming bond issues, potential tax considerations and other general information and economic data which might normally be expected to influence interest rate conditions so that the date for the sale of bonds can be set at a time which, in the opinion of WRH, will be favorable for the COUNTY. F. To assist the COUNTY's financing team in gathering and analyzing necessary data relating to a proposed bond issue for a rating agency presentation and credit enhancement from an insurance company or a letter of credit bank. G. To review COUNTY's efforts to obtain Federal and State financial assistance and make such recommendations as may be necessary. H. In a negotiated sale, work with the COUNTY's staff, bond counsel and underwriter in preparation of all the necessary financial statements, legal documents and certifications which would fully describe the bonds, security, the project, the COUNTY and its abiiity to pay debt service on the bonds. I. To assist and advise COUNTY in negotiating with the COUNTY's investment banker regarding fees, pricing and terms of the bond issue. J. To arrange for the printing of the bonds and the official statements and arrange other certification necessary. AGENDA ITEM NO. I&' (,.,.(::11 OCT 2 4 2000 Pg, 4 2 K. To assist in the preparation of annual reports issued subsequent to the completion of a bond sale. L. To assist COUNTY and to serve as its agent in the investment of all proceeds of financing and any other funds requiring investment. M. To provide such other services to the COUNTY as outlined in the COUNTY's Request for Proposals #97 -2673, County Financial Advisory Services, a copy of which is attached hereto, labeled Exhibit "A", and incorporated herein by reference. 3. PERSONNEL TO BE ASSIGNED The following member of WRH will be assigned primarily to work with COUNTY as Financial Advisors on the Project: William J. Reagan, Senior Vice President Bonnie Wise, First Vice President A. The COUNTY has the right to approve, disapprove or change any of the staff assigned by WRH to the account. If, for any reason, the personnel assigned is changed or replaced, the COUNTY has the right to immediately terminate the contract. B. The COUNTY has the right to request, for any reason, WRH to replace any personnel assigned. Should the COUNTY make such a request, WRH shall promptly suggest a substitute until a satisfactory substitute is selected. 4. OBLIGATIONS OF THE COUNTY The COUNTY will retain bond counsel and other advisors and/or consultants deemed necessary and appropriate for development, contracting and financing. Consultations with and requests for services by WRH from COUNTY's consultants in technical, accounting and other matters as may be appropriate is subject to previous approval by COUNTY. COUNTY may select managing underwriters in the event of negotiated bond sales, with the assistance of WRH in soliciting and evaluating proposals from various firms. Fees for services rendered by counsel, consultants or other advisors will be paid by COUNTY. 5. COMPENSATION The Financial Advisor shall be compensated pursuant to the following schedule: A. For all services not directly related to the issuance of bonds or notes, WRH shall be paid: a. A rate of $175.00 per hour for the time and services of all officers. Senior Vice Presidents and First Vice Presidents; and b. A rate of $75.00 per hour for the time and services of all financial and AGENDA ITEM NO. Ira (.,(.:J\ OCT 2 4 2000 Pg. ,5'" 3 . " computer analysts. For all services related to the issuance of bonds or notes issued by the COUNTY, regardless of the manner of sale: Amount of Debt Fee/$l,OOO For the first $10,000,000 (minimum fee of $10.000) For the next $10,000,000 Amounts above $20.000,000 with a maximum fee of $50,000 as to any singular issue. $1.00 $ .75 $.50 Any fee paid under this section on a completed issue shall be credited by any sums paid on said issue based on an hourly basis. B. For advisory services requested by the COUNTY related to all bond financing by legal entities other than the COUNTY which are transacted within the COUNTY, and require COUNTY review and oversight responsibility, WRH shall bill the issuing entity at the agreed upon rate after review of the proposed financing: * reimbursement shall be made as set forth in Paragraph E below. C. WRH shall bill monthly for any professional services rendered pursuant to this Agreement and identify the individual, the hourly rate. the work performed and the project description. D. WRH shall provide such services as authorized by the COUNTY acting through the COUNTY Manager or his designee and shall provide an estimate of time and cost at the time of said authorization. In the event the services to be performed are to exceed the estimate, WRH shall advise the COUNTY Manager or his designee and obtain his approval. E. For expenses in connection with this Agreement, COUNTY shall pay WRH on an actual cost basis, in accordance with Chapter 112 Florida Statutes. for its out-of- pocket expenses incurred in the course of providing professional services to COUNTY. William R. Hough & Co. will not charge for travel expenses incurred within Collier County. All invoices for such reimbursements shall contain complete and detailed information as to the item or charge sought to be reimbursed. Out-of, pocket expenses shall include travel, meals, lodging and communications. WRH will be reimbursed for any extraOrdinary costs for graphics, printing and specialized data processing requested by the COUNTY. F. In order for both parties herein to close their books and records, WRH will clearly state "final invoice" on WRH's last and final billing to the COUNTY for each separate authorization to perform services. Since this account will thereupon be closed, any other charges not properly included on this final invoice are hereby waived by WRH. 6. GENERAL PROVISIONS AGENDA ITEt.i NO, J(n r~ (ll OCT 2 4 2000 Pg. {b 4 A. WRH agrees to keep such records and accounts on all matters pertaining to the providing of its services under this contract including, complete and correct entries as to any expenses for which WRH expects to be reimbursed. Such books and records shall be available at all reasonable times for such examination and audit by COUNTY. B. The COUNTY Manager is hereby designated as the representative of the COUNTY. All work petformed by WRH pursuant to the Agreement shall be by directions of the COUNTY acting through the COUNTY Manager and all communications pertaining to the progress of any work petformed hereunder shall be addressed to the COUNTY through the COUNTY Manager or his designee. C. WRH warrants that is has not employed or retained any company or person, other than a bona fide employee working solely for WRH to solicit or secure this Agreement and that they have not paid or agreed to pay any person, company. corporation. individual or firm, other than a bona fide employee working solely for WRH, any fee. commission, percentage. gifts, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach of violation of this provision, COUNTY shall have the right to terminate the Agreement without liability at its discretion, and to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. D. This Agreement, or any interest herein, shall not be assigned, transferred to otherwise encumbered, under any circumstances by WRH without prior written consent of COUNTY. However, this Agreement shall run to the Collier County government and its successors. E. Upon submission, all advise becomes the property of the COUNTY which has the legal right to use any or all ideas provided through WRH' s professional advice. F. All work papers/products developed as part of the contract petformance become the property of the COUNTY upon termination of the contract or upon completion of any given project. The COUNTY reserves the right to audit all records of the financial advisor relating to this contract, for a period of three (3) years after termination of the contract. G. WRH agrees not to discriminate in hiring practices on the basis of race. color, religion, age, sex, or national origin. H. The COUNTY reserves the right to award contracts to more than one (1) financial advisor, as determined to be in the best interest of the COUNTY, and to add to or delete from the scope of services contained herein. I. The Financial Advisor shall not act as an underwriter, or in any manner other than the financial consultant for bond issues of the COUNTY during the term of this contract. AGENDA ITEM NO. 11'1 ~ (:I.) OCT 2 4 2000 Pg. 7 5 J. The Financial Advisor shall comply with all applicable Federal, State and Local laws. rules and regulations pertaining to the marketing, sale and issuance of any bonds of the COUNTY. K. The COUNTY and WRH shall comply with the provisions of Chapter 119, Florida Statl/feS, in regard to this Agreement. L. WRH shall promptly notify the COUNTY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence WRH's judgment, or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance. the nature of work that WRH may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would. in the opinion of the COUNTY, constitute a contlict of interest if entered into by WRH. The COUNTY agrees to notify WRH of its opinion by certified mail within thirty (30) days of receipt of notification by WRH. If. in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by WRH. the COUNTY shall so state in its opinion and the association. interest, or circumstance shall not be deemed in conflict of interest with respect to services provided to the COUNTY by WRH under the terms of this Contract. M. This Agreement shall be governed by the laws of the State of Florida. Any and all iegal action necessary to enforce the Agreement will be held in Collier County and the Agreement will be interpreted according to the Laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power. or remedy hereunder shall preclude any other or further exercise thereof. In any action brought by either party for the enforcement of the obligations of the other party. the prevailing party shall be entitled to recover reasonable attorney's fees. AGENDA ~ NO. Ifn(,{:l.) OCT 2 4 2000 Pg. g 6 N. All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the COUNTY shall be mailed to: Collier County, Florida 330 I East Tamiami Trail Naples, Florida 34112 Attn: County Manager's Office If sent to WRH shall be mailed to: William R. Hough & Co. 500 Fifth Avenue, South, Suite 501 Naples, Florida 34102-6615 Attn: William J. Reagan 7. INCORPORATION OF COUNTY RFP #97-2673 (FINANCIAL ADVISORY SERVICES) AND OF ALL PRIOR NEGOTIATIONS/AGREEMENTS COUNTY RFP #97-2673 (County Financial Advisory Services) is hereby specifically incorporated by reference as part of this Agreement, except as follows: With respect to Paragraph 5.a on page 16 of the RFP, WRH currently self-insures its professional liability risks, and has errors and omissions insurance for $1,000,000. With respect to Indemnification on page 16 of the RFP (the indemnification provision set forth therein) this paragraph is hereby excluded from the Financial Advisor Agreement. Instead, the ContractorNendor ("WRH") agrees to indemnify. hold hannless and defend COUNTY and its agents and/or employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description which specifically arise out of or are related to any grossly negligent or intentionally wrongful act or omission of WRH in the perfonnance of any of the services specifically perfonned by WRH pursuant to the Scope of Services provision of the Financial Advisory Agreement, if COUNTY has requested WRH to perfonn the specific services in advance of providing such services in writing and WRH has in writing, other than this Contract, agreed to perfonn such services in advance. In the event of any joint gross negligence, intentional wrongful act or omission on the part of COUNTY or its agents and/or representatives and WRH, any loss shall be apportioned and the indemnification shall be limited to the WRH percentage of fault in accordance with the provisions of Florida law. This indemnification, hold harmless and defense obligation is in addition to insurance provided by WRH pursuant to County RFP #97 -2673. A. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the tenns hereof shall be predicated upon any prior representations or agreements whether oral or written. B. It is further agreed that no modification, amendment or alteration in the tenns or conditions contained herein shall be effective unless contained in a written document executed with the same fonnality and of equal dignity herewith. AGENDA ITEM, NO. /u,~.J. OCT 2 4 2000 Pg. q 7 ""'!-' 8. TERMINATION A. This Agreement shall be in effect for two (2) years unless canceled with or without cause in writing by either parry upon 7 days written notice to the other party. In the event WRH receives termination notice form the COUNTY, WRH shall be reimbursed for out-of-pocket expenses incurred and shall be entitled to fees for services performed to the date of termination. The parties may, by written amendment. extend the term upon mutual agreement. B. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in the Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the COUNTY's intention to extend the Agreement term then in effect. AGENDA ITEM NO. -11.,.k~ OCT 2 4 2000 Pg. /6 8 ;:" WIT~;ES:; II'HERLOF, the Board of Count;' CommiSSIO<lerS of (,-,JI,er County, Flcrida, and \VRH hBve each, respectively, by an authorized person 01 agent hereunder set theIr hands and seals on the _ day of ,2000. COUNTY BOARD OF COUNTY COMMISSI01'iEf:Ro' COLLIER COUNTY, FLORIDA through its By: ____.__ James D. Carter, Ph.D., Chaimlan ATTEST ~)wlght Brock Clerk of the CirCUIt Court '\ , ~(" L,'t '. ~'1,v ... I, "- Jill,,\. \Vit;;-e,~')ig~~~~~- '--iIL- --- \ ! . . ';."!olL.1l..1~__~' Witness PrInted Name " I. , 1/"/:"'1 Witness Signature Witness Printed Name . AGENDA :TEM No.-.-L' f~t.)-) q OCT 24 2000 PL /1 , ____ 'c..'..:.>>..~ ..;>;>,,".,...>~.......... EX-II/13fT 1/ "FINANCIAL ADVISORY SERVICES" SCOPE OF SERVICES The Financial Advisor must be able to provide a full scope of financial advisory serviGes and demonstrate experience in the delivery of those services. The services wi!! include, but are not limited to the following: A. Ongoina Services Without Reaard to Soecific Bond Issues or Caoital Financings. Proposer agrees to provide comprehensive services as financial advi~or including, but not limited to, tI.,(', following as requested: ~ 1. Attend any and all meetings as required by the Boa~d of Ccunty Commissioners, County Administrator, the Clerk of the C:I'ClJlt Cou,i or theil designees, the Budget Director or Finance Director. 2. Assist the County in developing a long term plan to address all proposed capital needs and how these needs should be funded. 3. Assist the County with interpretation and implementation of provisions on outstanding bond issues. Periodically review all outstanding bond issues to deterr,line "nd recommend if refunding or restruC'turing of these issues is in the County's best interest. 4 Develop e.nd update annually a report on the County's outstar,ding b0nds anc available revenues which will be made available to the Board of County Commissioners. 5, Prepare studies and analyses as requested by the Count)' ,A,dmir.:strator, ihe Clerk of the Circuit Court or their designees. 6. Develop and update semi-annually a debt comparison ar.ai)lsis showing the County's outstanding general obligation and non-ad valorem debt as compared to several similar sized counties within the State of Florida. Ratios wi!! also be developed within such report based upon selected standardized criteria 7. Provide periodic reports for, and/or coordinate meetings w1th reting agencies and credit enhancers to provide an overview of the County's exh;ting situation and a preview of any upcoming capital improvement programs. 8. Assist the County in developing requests for proposals for and selecting bond counsel and underwriters which best provide the resources and knowledge needed by the County in structuring debt issues. 9. Assist the County in analyzing how the Capital Improvements Element of the County's Comprehensive Plan may affect future financing needs. 10. Assist the County in analysis of various investment opportunities concerning investment of County funds and bond proceeds. -- AGENDA iTEM No. 1(, G-- C':l) OCT 24 r2000 Pg. fA RFP #97-2673 "FINANCIAL ADVISORY SERVICES" A. OnCloinq Services Without ReGard to Soecific Bond Issues or Caoital Fin?ncincrs. (cont). 11. Review presentations or proposals from underwriters, banks or other companies and advise the County as to the usefulness or advantages of such proposals. B. Services Rendered with ReGard to a Public OfferinG of Securities. Proposer agrees to provide to County all services required of a Financial Advisor regarding specific public offerings of securities, including, but not limited to: 1. Preparing a comprehensive plan for the offering, taking into c.onsideration federal arbitrage regulations and other legal parameters, presenting financing alternatives, evaluating debt capacity, future flexibility and vuiner8bility to market conditions, estimating financing costs and settlnQ forth various structuring alternatives. 2. Coordinating the "bond working group" consisting of the Cuunty Administrator County Clerk of the Circuit Court, County Attorney, Budget Direc::tor, financE; Director, underwriters, bond counsel and others. 3. Preparing a time schedule coordinating the necessary actions of the County and other members of the bond working group and estimating the date of sale of bonds and availability of proceeds. 4. ProViding legal counsel with information and details necessary for drafting of the authorizing bco':d resolution or ordinance and validation documents. 5. Assisting ill the validation proceedings and testifying as an expert witness 0r, the offering. 6. Advising as to the advantages and disadvantages of municipal oond ins'Jrance or other credit enhancements. 7. Coordinating with and providing the municipal bond rating agen'cies (a:;d o:her credit enhancers, if applicable) with information necessary to obtain the highest possible rating on the bonds, This may include scheduling on-site visils by or meetings with such companies. 8. Advising the Commission and staff as to market conditions and re'~ornrnending the timing of the sale of the bonds. 9. Assisting the County in preparing a comprehensive official statement of the bonds in conformance with full disclosure guidelines, and arranging for its printing. 10. Assisting the Commission and staff with the selection of a paying agent and registrar and trustee (if applicable) for the bonds. 11. Advising as to the advantages and disadvantages of a negotiated versus public sale of bonds. Services Soeclfic to a Public Sale of Bonds 12. In cooperation with legal counsel, preparing the Official Notice bonds. Hh f-~tE~DA frEM No. /(. Cr- 0.) OCT 2 4 92000 Pg. /3 RFP #97-2673 "FINANCIAl ADVISORY SERVICES" Services Specific to a Public Sale of Bonds (cont.) 13. Advise the County on a bond sale date that will result in the issue not being marketed in competition with several other issues. 14. Arranging for the insertion of necessary advertisements of the Notice of Sale In The Bond Buver and other financial publications. 15. Assisting the County at the time of sale in checking all bids for compliance with bid specifications, and making a recommendation as to award of the bonds in the best interest of the County. Services Specific to Neaotiated Sale of Bonds 16 Assisting in selection -of the book-running managing underwriter and co.. managing underwriters from the County's approved list of undemiiters. 17 Advising whether or not a selling group is nec.essary. 18. Evaluating the bond purchase agreement and advising as to its accept?nce 0;' rejection in light of market conditions. 19. Advising the County as to a bond structure that is both saleable in the capital markets in light of current market conditions and meets the needs of the County. 20. Negotiating in coordination with the County the interest rates proposed by the underwriters for the bonds as well as the underwriters compensation and expenst..s on the issue expressed in terms of the gross underwriters disc'ymt. 21. Assisting the County in supervising allocation of bonds, underwriting fisk and management split fees among the underwriting syndicate wiih tre goal of encouraging competition and productivity to produce the lowest interest cost to the County, to produce an equitable bond distribution among the nliH1agers, and to provide for the widest possible distribution of bonds te facilitate liquidity in the secondary market. Additional Services Provided Reaardless of Method of Sale - 22. Preparation of a financing summary booklet, such booklet containin!! a comparison of interest rates on the County's issue versus interest rates on similar issues in the market and a cosUbenefit analysis of credit enhancement whether or not some form of credit enhancement is used, and final amortization schedule. 23. Coordinating bond closing and transfer of funds. 24 Assisting the County in the development of investment programs for bond proceeds. 25. Review and approval of all invoices submitted to the County in connection with the offering. AGENDA iTEM No.~ Go 0-) I l ! -- .,~.~ ..- OCT 21~ 2000 1:.'0 I" ''''_. -r RFP #97-2673 "FINANCIAL ADVISORY SERVICES" C. Finallcinf1E..Nollnvolvino a Public Offerino of Securities. Situations may arise in which the County faces financing needs which are not conducive to the public issuance of securities, Alternative financing vehicles in these instances may include: private placement of debt, participation in peoled short term borrowing programs, bank loans, tax anticipation notes, revenue antic:ipation notes and others. With regards to these needs, services by the Proposer as financial advisor will include (in addition to services previously outlined): 1. Assisting the County in selection of the appropriate financing vehicle. 2. Assisting in the preparation of private placement memorandum, loan applications, or other information related to the financing. 3. Assisting in the preparation of investor letters which may be required In association with private placements. 4. Certain circumstances may arise in which the County may wish to (',lace securities privately with a limited number of sophisticated investors. !,-. th:s circumstance the County may wish to use the Financial Adv;3Q'- 8$ placement agent to tacilitate the placement of such services. lO....llR.. el!en.t..J~!I-1!.1J:! financial Advisor participate directlv or indirectlv as placement.. aoel11 without the written consent of the Board of County Commissionecs as eVidenced Qy written documentation. D. Conduit Financin~ On occasion the County will be asked to act as a conduit issuer to iSSLiE' bonr:ls for the benefit of private companies located within the County. If the Financial Advisor is advised by the County Administrator or his designee to serve as tfle County's financial advisor an a proposed conduit financing, the prospective borrower sbail execute an agreement with the financial Advisor for payme,nt :1f di fee,; and expenses related to the proposed project(s). At the directior. of the County. the Financial Advisor will assist the County in developing a set of \Jriteria 1Nith whiCh to determine whether or not to act as conduit issuer on dny proposed conduit financing. Some of these criteria may include: an analysis of the puolic ourpose of this project, an analysis of the need of the project (as defined by the County), security of the financing including any forms of credit enhancement., anticipated rating of the financing and the method of sale of which will be util:zed for the financing. With regard to financings issued by various authorities created by the Board of County Commissioners, or conduit financings issued by the County for the benefit of private companies within the County, the services as financial 8dvis':lr shall include, but shall not be limited to, the following: AGENDA :TEM No._ 1(. C. (.2) OCT 2 4 2000 Pg. "r ,.-t RFP #97-2673 "FINANCIAL ADVISORY SERVICES" D. Conduit Financinas. (cont.) 1. Review of all legal documentation in connection with the project to ensure that the Authority and the County are protected from liability to the maximum extent possible. 2. Analysis of the feasibility study and revenue and debt projections to ensure that they are reasonable in light of current market conditions. 3. Preparation of a written summary and analysis of the financing, to be presented to the Commission upon the sale of the bonds. '-, AGENDA :TEM No. 1(, c;..t>-) OCT 2 4 2000 :--':-'.'. I G- '.' ._..u. ---- BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 24, 2000 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2, Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. September 13,2000 - September 29, 2000 B. September 20, 2000 - September 26, 2000 C. September 27,2000 - October 3, 2000 3. Districts: A. Mediterra South Community Development District - Ordinance No. 99-67 B. North Naples Fire Control & Rescue District - Resolution 00-004, Operating budget, Impact Fee Budget, Fire Hydrant Budget and Fire Code Official Budget 2000-2001, Annual Financial Reports for the Fiscal Year Ending September 30, 1999, Audit done on September 30, 1999 Financial Reports, and Management letter from auditors on above-referenced financials - C. Immokalee Fire Control District - Final Budget for the Fiscal Year of October 1, 2000 - September 30, 2001 D. Immokalee Fire Control and Rescue District - Annual Financial Reports for the Fiscal Year Ending September 30, 1999, Audit done on September 30, 1999 Financial Reports and Management letter from auditors on above-referenced financials E. East Naples Fire Control and Rescue District - Annual Financial Reports for the Fiscal Year Ending September 30, 1999, Audit done on September 30, 1999 Financial Reports, Management letter from auditors on above-referenced Financials, The Final Budget for Fiscal Year 2000-2001, Meeting/workshop Schedule for fiscal Year 2000-2001, District Map, Copy of Registered Office and Agent F. Heritage Greens community Development District - Board of Supervisors Meeting Schedule for the Fiscal Year 2001 and Copy of District Map G. Ochopee Fire Control district Advisory Board - Minutes r thrfo~"~~~ 20~ meeting and Minutes of May 1,2000 meeting --- H:Data/Format OCT 24 2000 Pg. H. Cedar Hammock Community Development District - Board of Supervisors Meeting Schedule for the Fiscal Year 2001 and copy of District Map and Description of Land 1. Key Marco Community Development District - Minutes of Meeting of the Board of Supervisors held on July 18,2000 and Final Budget for the Fiscal Year 2001 J. Golden Gate Fire Control & Rescue District - Agenda for October 11, 2000 meeting. K. Lely community Development District - Board of Supervisors Schedule of Meetings for the Fiscal Year 2001 and Copy of District Map 1. Naples Heritage community Development District - Board of Supervisors Schedule of Meetings for the Fiscal Year 2001 and Copy of District Map M. Fiddler's Creek Community Development District - Board of Supervisors Schedule of meetings for the Fiscal Year 2001 and Copy of District Map N. Pelican Marsh Community Development District - Board of Supervisors Schedule of meetings for the Fiscal Year 2001 and Copy of District Map O. Golden Gate Fire Control & Rescue District - Budget for Fiscal Year 2000/01, Letter regarding Outstanding Bonds as of September 30, 2000, Schedule of Regular Meetings for fiscal Year 2000/01, District Map, Registered Office and Agent letter with attached copy of the July and 1990 "Designation of Registered Agent" form P. Mediterra South Community Development District - Agenda of August 23, 2000, Minutes of August 23, 2000 meeting held by the Board of Supervisors and Attached Notice of Meeting Schedule for Fiscal Year 2001 4. Minutes: A. Rural Fringe Area Assessment Oversight Committee - Agenda for September 27, 2000 meeting, Minutes of September 13,2000 meetings and Summary Minutes of August 23, 2000 meeting B. Environmental Advisory Council- Agenda for October 6, 2000 meeting and minutes of September 6, 2000 meeting C. Parks and Recreation Advisory Board - Agenda for September 27, 2000 and minutes for August 25, 2000 meeting D. Historic & Archaeological Preservation Board - Agenda for September 22, 2000 meeting and Minutes of September 22, 2000 meeting AGENDA ITEM No. 1I^,T H:Data/Format OCT 24 2000 L Pg. 2-- :~_..l E. ,........ H:Data/Format Pelican Bay MSTBU Advisory Committee - Agenda for October 4,2000 meeting and Minutes of the September 6, 2000 meeting F. The Lake Trafford Restoration Task Force - Agenda for October 6, 2000 meeting G. Rural Lands Area Assessment Oversight Committee - Minutes of July 17,2000 meeting H. The Beach Renourishment/Maintenance Committee - Agenda for October 3, 2000 meeting 1. Collier County Planning Commission - Agenda for September 21, 2000 and Minutes of August 17,2000 meeting J. Select Committee on Community Character & Design - Agenda for September 25,2000 meeting and Minutes July 25, 2000 meeting K. Bayshore Streetscape Construction - Meeting of September 14, 2000 AGENDA ITEM No., \ t,,:J OCT 24 2000 Pg. 3> EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE A CONTRACT WITH GREGORY COURT REPORTING SERVICE FOR COURT REPORTING SERVICES FOR COLLIER COUNTY A~_~__~n_.....n.______________________________________________________________________________~~_W_..________------------ OBJECTIVE: To obtain consistent contract pricing and quality Court Reporting Services for Collier County. CONSIDERA TION: Request for Proposals #00-3077 was advertised on June 30, 2000 with notices being sent to ten vendors. Responses to the RFP were due July 28, 2000. One vendor, Gregory Court Reporting Service, responded to the RFP. After reviewing the proposal including the firm's qualifications, experience and ability to provide the required services to the County. the selection committee by consensus recommer,ded that the contract be awarded to Gregory Court Reporting Service. FISCAL IMPACT: Court reporting services will be provided to the County with consistent pricing for a multi-year contract. GROWTH MANAGEMENT IMPACT: There is no direct growth management impact from this recommended award. RECOMMENDATION: That the Board of County Commissioners approve award of RFP #00- 3077 to Gregory Court Reporting Services, and authorize the Chaimmn to sign a standard form contract after approval by the County Attorney's Office. II SUBMITTED BY: i - C Michael W. Pettit, Assistant County Attorney DATE: " ;'_~ I I ,/ ! REVIEWED BY: " . ", f'i' I. t[ " Gwen Butler, Interim Purchasing Director DATE:~/( ': ~ APPROVED BY: if ~ II r!. David C. Weigel, County A ey DATE: /.g/o/~ I . AGENDA ITEM '\ NO. i W ( L \ (, OCT 2 4 2000 I Pg. 10/12/00 THU 16:45 FAX 9415981161 DONALD A PICKWORTH PA IaJ 002 - ,---' EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The Diaz Family Limited Partnership and Gulf Coast American Blind Corp. OBffiCTIVE: To accomplish the necessary approvals to authorize proposed revenue bond issues by the Collier County Industrial Development Authority to be used to finance manufacturing facilities for The Diaz Family Limited Partnership and Gulf Coast American Blind Corp. CONSIDERATIONS: -- The Industrial Development Authority has been requested to issue its bonds to finance certain qualitying manufacturing facilities. The Diaz Family Limited Partnership, as owner, and Gulf Coast American Blind Corp., as lessee and operator, propose to borrow approximately $3.7 million to construct and equip the new plant facilities. Gulf Coast American Blind Corporation is a manufacturer of blinds, window treatments, and shutters, and is a licensed manufacturer of Hunter- Douglas window treatment products. The company was founded in 1986 and has grown to about 170 employees. It has approximately $20 million in annual sales, primarily in the southeastern United States and the Carribean. The existing manufacturing facilities are scattered in five different locations in the Collier County Industrial Park. The purpose of the financing is to construct and equip a new facility which will house all the manufacturing under one roof. The company estimates that the expansion will create an additional 40 jobs over the next four to five years. The Authority met on September 21, 2000 to prelimin.rily consider the proposal, and heard a presentation from the Company. Following the meeting the Authority adopted a preliminary approval resolution (the Inducement Resolution) and directed that a public hearing be held to consider comments of members of the public. ,- The hearing was noticed by publication in the Naples Daily News in the manner required by the Internal Revenue Code, and was held on October 12. Comments of members of the public were considered. The comments related to concerns over direct access of the project to Donna Street, and the provision of a landscape buffer. The project site plan shows that there will be no access from the project to Donna Street. The property is part of the Westview Plaza PUD which allows manufacturing. The PUD requires a landscape buffer of a least 10 feet in width along the eastern boundary of the PUD (which includes the subject property), which must be planted to specified opacity standards. The site plan shows that the project will have a buffer of approximately 60 feet, well in excess of that required by the PUD. At the conclusion of the public hearing, the Authority determined that the concerns had been adequately addressed, and to proceed with the bond issue, A resolution confirming the Inducement Resolution (the Confirming Resolution) was adopted to evidence this approval. AGENDA ITEM ' ( , , ,\ NO. i.; [ t ) (.1) C:\Myfila~-Gvl! Coast AmCll"h_ Blind Cotp\EMcSumm lei BCC.wpd OCT 2 4 2000 Pg. ,--, ,,"' ~-, .......-~- -... .'.. -.......". ....- 10/12/00 THU 16:46 FAX 9415981161 DONALD A PICKWORTH PA ~003 In addition to Authority approval, federal tax law rcquires that the County Commission, as the local governing body, must also approvc the issuance of the Bonds. This does not have to be a specially advertised hearing, but must be done at aregularlynoticed and held meeting. A resolutions for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenucs cxcept the revenues of the Borrower. Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMP ACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The Bonds are not liabilities of the County, and the County is not liable for payment in any way. On the other hand, the issuance of bonds for manufacturing facilities bas a positive fiscal impact on the community, and the statutes authorizing the Authority to issue such bonds declare that such issuance is for a public purpose. The issuance of these bonds will have no impact on the County's ability to issue "bank-qualified" debt for the remainder of 2000. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The facilities are located in the unincorporated area of the County and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Approved by: (2~ .~~ Ramiro Manalich, Chief Assistant County Attorney AGENDA ITEM NO. 1C#(1.1{~) OCT 2 4 2000 Pg. .;) -2- 10/12/00 THU 12:58 FAX 941598116I DONALD A PICKWORTH PA ~005 RESOLUTION NO. 2000-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(1) OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATIERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida ("Collier County") created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part ill of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter 159, Florida Statutes, as amended; and Whereas, the Diaz Family Limited Partnership, a Florida limited partnership (the "Borrower") and Gulf Coast American Blind Corporation, a Florida corporation (the "Corporation") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial Development Revenue Bonds (Gulf Coast American Blind Corporation Project), Series 2000 in an aggregate principal amount not to exceed $3,700,000 (the "Bonds"), for the purpose of making a loan to the Borrower, for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping two buildings of approximately 60,000 square feet, which will be used for certain manufacturing operations of the Corporation (the "Project") and (b) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and Whereas, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority held a meeting on September 21, 2000 at which it adopted Resolution No. 2000-01 (the "Inducement Resolution") approving the project, a copy of said resolution being attached hereto as Exhibit "A"; and Whereas, the Authority caused notice of a public hearing to consider approval of the Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds to be published on or before September 27, 2000 in the Naples . newspaper of general circulation in the County, and a copy of said notice is --..,..... ruM 1(.(1Y~l OCT 2 4 2000 F'i. _ 2> 10/12/00 THU 12:59 FAX 9415981161 DONALD A PICKWORTH PA 1aJ006 Exhibit B (the "Notice"); and Whereas, the Authority held a public hearing on October 12, 2000, pursuant to the Notice and considered the comments of members of the public concerning the issuance of the Bonds and the Project, and at the conclusion of the hearing adopted a resolution confirming the adoption of the Inducement resolution ( the "Confirming Resolution") authorizing the issuance of the Bonds, a copy of which is attached as Exhibit C, and bas recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(f) of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section l47(f) of the Code is in the best interests of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Notice pursuant to Section 147(f) of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, orthe State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the Project and the Project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. AGENDA ITEM NO. ".(t...V.;)). OCT 2 ~ 2000 Pg. 1.\ 2 ------. 10/12/00 THU 13:00 FAX 9415981161 DONALD A PICKWORTH PA IilJ007 Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this 24th day of October 2000. [Remainder of this page intentionally left blank, signatures on next page] AGENDA ITEM NO. I\Q lL )(~) OCT 2 4 2000 Pg. 5 3 .......,......- , 10/12/00 THU 13:00 FAX 9415981161 ATIEST: Dwight E. Brock, Clerk By: Deputy Clerk [SEAL] Approved as to form and legal sufficiency: ~_.~a:-? ~ avid C. Weig , County Attorney DONALD A PICKWORTH PA 141008 COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS James D. Carter, Ph.D., Chairman 4 AGENDA ITEM NO. 1(' (L \(d) OCT 2 4 2000 Pg. lD --- . ------------.- 10/12/00 THU 13:00 FAX 9415981161 DONALD A PICKWORTH PA 141009 Execution Copy RESOLUTION NO. 2000-01 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTIiORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (GULF COAST AMERICAN BLIND CORPORATION PROJECT) SERIES 2000 IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,600,000 FOR THE PRINCIPAL PURPOSE OF FINANCING CERTAIN COSTS TO BE INCURRED BY THE DIAZ FAMILY LIMITED PARTNERSHIP (THE "BORROWER") IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN MANUFACTURING F ACILITlES; AUTHORIZING THE EXECUTION AND DELNERY OF A PRELIMINARY AGREEMENT BY AND AMONG THE AUTHORITY, THE BORROWER, AND GULF COAST AMERICAN BLIND CORPORATION; AND PROVIDING FOR RELATED MATIERS. WHEREAS, the Diaz Family Limited Partnership, a Florida limited partnership (the "Borrower") and Gulf Coast American Blind Corporation, a Florida corporation (the "Company", and hereinafter, "the Corporation") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial Development Revenue Bonds (Gulf Coast American Blind Corporation Project), Series 2000 in an aggregate principal amount not to exceed $3,600,000 (the "Bonds"), for the purpose of making a loan to the Borrower, for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping two buildings of approximately 60,000 square feet, which will be used for certain manufacturing operations of the Corporation (the "Project") and (b) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and WHEREAS, the Borrower and the Corporation have requested that the Authority loan the proceeds of the Bonds to the Borrower pursuant to Chapter 159, Parts IT and ill, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and AGENDA ~ NO. ten '- Cd) OC 2 4 2000 Pg.~ EXHIBIT A INDUCEMENT RESOLUTION "'!-'" 10/12/00 THU 13:01 FAX 9415981161 DONALD A PICKWORTH PA ~010 WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Borrower to finance the costs of the Project lmder loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in cormection therewith as may be incurred by the Authority, will assist the Borrower and Corporation and promote the public purposes provided in the Act; and WHEREAS, the Borrower and Corporation have submitted the Preliminary Agreement (the "Preliminary Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Borrower and the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUmORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions oflaw. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Borrower and Corporation to proceed with the financing of the costs ofthe Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement. SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic slructure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Borrower and the Corporation meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. AGENDA ITE~ NO. 1r.,(L~ OCT 2 ~ 2000 Pg. ~ 2 ------,~.- 10/12/00 THU 13:02 FAX 9415981161 DONALD A PICKWORTH PA 1i!J0ll SECTION 4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT, The Chairman or the Vice-Chairman is hereby authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attached hereto as Exhibit "A", among the Authority, the Borrower and the Corporation providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the costs of the Project in an aggregate principal amount not to exceed the lesser of (a) $3,600,000 or (b) the amount determined by the Authority, the Borrower and the Corporation to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Borrower and the Corporation and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $3,600,000 for the principal purpose of financing the costs of the Project as described in the Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate pennitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chainnan and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds, as contemplated in the Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereofbut shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into by and among the Authority, the Borrower and the Corporation prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory pennits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right 3 AGENDA ~ NO. --' (; (.) ') OCT 2 4 2000 Pg. 9 ~......-- 10/12/00 THU 13:02 FAX 9415981161 DONALD A PICKWORTH PA IaJ 012 of Collier County or estopping Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 10. immediately. EFFECTIVE DATE. This Resolution shall take effect ADOPTED this 21st day of September, 2000. ~~t~r~ OC 2 4 2000 Pg. 10 4 -- - ------------~_._-- 10/12/00 THU 13:02 FAX 9415981161 DONALD A PICKWORTH PA 1aJ013 COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (SEAL) Isl J.R. Humphrey, Chairman ATTEST: Is/ Secretary AGENoAITp.t NO. I'" \ I )(g-j OCT 2 ~ 2000 Pg. \~ 5 '. , 10/12/00 THU 13:03 FAX 9415981161 DONALD A PICKWORTH PA 1aJ014 ~ EXHIBIT A TO RESOLUTION PRELIMINARY AGREEMENT FOR ISSUANCE OF PRIVATE ACTMTY REVENUE BONDS This Agreement among the Collier County Industrial Development Authority , a public body corporate and politic (the "Authority"), TheDiaz Family Limited Partnership, aFlorida Limited Partnership (the "Borrower"), and Gulf Coast American Blind Corporation, a Florida corporation (the "Corporation"). WITNES SETH: 1. Preliminary Statement. Among the matters of mutual understanding and inducement which have resulted in the execution of this Agreement are the following: (a) The Act provides that the Authority may issue revenue bonds and loan the proceeds thereofto one or more persons, firms or private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or construction, certain qualifYing manufacturing facilities. (b) The Borrower and the Corporation are considering financing the costs of the acquisition, construction and equipping of manufacturing facilities (the "Projecf') to be owned and operated by the Borrower and the Corporation respectively. (c) The Borrower and the Corporation have applied to the Authority to issue its private activity revenue bonds in the initial aggregate principal amount of not to exceed $3,600,000 (the "Bonds") for the principal purpose of making loans to the Borrower for the purpose set forth in Resolution 200Q-O 1 of the Authority (the "Resolution") (d) The Authority considers the issuance and sale of the Bonds, for the purposes hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes official action of the Authority toward the issuance of the Bonds in accordance with the purposes of the Act and the applicable United States Treasury Regulations. 2. Undertakings on the Part of the Authority. Subject to the terms hereof, the Authority agrees as follows: (a) Subject to the Borrower and the Corporation providing the Authority with sufficient evidence to enable the Authority to make the findings set forth in Section 159.29 AGENDA ~ r '\ NO. lID ( L. '{ 0 ) OCT 2 4 2000 Pg. \0' A-I 10/12/00 TBU 13:03 FAX 9415981161 DONALD A PICKWORTH PA ~015 of the Act, the Authority will, subject to Section 4(g) hereof, authorize the issuance of the Bonds, in one or more series, in the aggregate principal amount necessary and sufficient to finance the cost of acquiring, constructing and equipping the Project as the Authority, the Borrower and the COIporation shall agree in writing (including costs of issuance of such Bonds), but in all events, the principal amount of such Bonds shall not exceed the lesser of (i) the amount determined by the Authority, the Borrower and the Corporation necessary to accomplish the foregoing, or (ii) $3,600,000. (b) The Authority will cooperate with the Borrower and the Corporation and with the underwriters, placement agents or purchasers of the Bonds and the Bond Counsel of the Authority with respect to the issuance and sale of the Bonds and will take such further action and authorize the execution of such documents as shall be mutually satisfactory to the Authority, the Borrower and the Corporation for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof to finance the cost of constructing, acquiring and equipping the Project, and to pay costs related to the issuance of the Bonds. ( c) Such actions and documents may permit the issuance from time to time in the future of additional bonds on terms which shall be set forth therein, whether pari passu with other series of bonds or otherwise, for the purpose of (1) defraying the cost of completion, enlargements, improvements and expansions of any of the Project, or any segment thereof, or (2) refunding all or a portion of the Bonds. (d) The loan agreements, trust indentures, and other financing documents (collectively, the "Financing Agreements") among the Authority, the Borrower and the Corporation shall, under terms agreed upon by the parties, provide for payments to be made by the Borrower and the COIporation in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. (e) In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be suflicientto pay all costs of acquiring, constructing and expanding the Project or that those facilities encompassed by such Project will be suitable for the purposes or needs of the Borrower. (f) The Bonds shall specifically provide that they are payable solely from the revenues derived from the Financing Agreements among the Authority, the Borrower and the Corporation or other agreements approved by the Authority. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County, the State of Florida or any political subdivision or agency thereof, and such fact shall be plainly stated on the face of each of the Bonds. AGENDA ~ :'\ NO. l(o\"L )(c?) OCT n 2000 Pg. I~ A-2 10/12/00 THU 13:04 FAX 9415981161 DONALD A PICKWORTH PA 1aJ016 (g) Issuance of the Bonds by the Authority shall be contingent upon (i) satisfaction of all of the provisions hereofand all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the ability of and desirability by the Authority to issue obligations to finance the costs of the Project and (ii) the approval by the Board of County Commissioners of Collier County in accordance with the provisions of Section 147(f) of the Code. 3. Undertakimzs on the Part of the Borrower and the COI;poration. Subject to the terms hereof, the Borrower and the Corporation agree as follows: (a) The Borrower and the Corporation will use reasonable efforts to insure that the Bonds in the aggregate principal amount as stated above are sold; provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Authority, the Borrower and the Corporation. (b) Prior to the issuance of the Bonds, the Borrower and the Corporation will enter into the Financing Agreements with the Authority, the terms of which shall be mutually agreeable to the Authority, the Borrower and the Corporation, providing for the loan or use of the proceeds of the Bonds to finance a portion of the costs of the Project. Such Financing Agreements will provide that the Borrower and the Corporation will be obligated to pay the Authority (or the trustee for holders of the Bonds on behalf of the Authority, as the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable, and all other expenses related to the issuance and delivery of the Bonds. ( c) The Borrower and the Corporation shall, in addition to paying the amounts set forth in the Financing Agreements, pay all applicable costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied against or with respect to the Project. (d) To the extent not otherwise paid from Bond proceeds, the Borrower and the Corporation hereby agree to pay (i) the Authority Bond Issuance Fee, (ii) all of the out-of- pocket expenses of officials and representatives of the Authority incurred in connection with the issuance of the Bonds and (iii) all fees and expenses of Donald A. Pickworth, P.A., Counsel to the Authority, and the fees of such firm as may be appointed as Bond Counsel. (e) The Borrower and the Corporation will hold the Authority and Collier County free and harmless from any loss or damage and from any taxes or other charges levied or assessed by reason of any mortgaging or other disposition of any of the Project. AGENDA~, ~ NO. --lle.J.hll ') OCT 2 4 2000 Pg. 1'-\ A-3 - ----~,_._- 10/12/00 THU 13:05 FAX 9415981161 DONALD A PICKWORTH PA 1aJ017 (t) The Borrower and the Corporation agree to indemnify and defend the Authority and Collier County and hold the Authority and Collier County and any officer or employee thereof harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons occurring in connection with the Project or the issuance of the Bonds and the Borrower's or the Corporation's undertaking thereof, or in any way growing out of or resulting from this Agreement including, without limitation, all costs and expenses of the Authority and reasonable attorneys' fees incurred in the enforcement of any agreement of the Borrower or the Corporation contained herein, but excluding any claims, losses, liabilities or damages resulting from the Authority's or Collier County's gross negligence or willful misconduct. In the event that the Bonds are not issued and delivered, this indemnity shall survive the termination of this Agreement. (g) The Borrower and the Corporation will take such further action as may be required to implement its aforesaid undertakings and as it may deem appropriate in pursuance thereof. 4. General Provisions. All commitments of the Authority under Section 2 hereof and of the Borrower and the Corporation under Section 3 hereofare subject to the conditions that all of the following events shall have occurred not later than January 1,2001, or such other date as shall be mutually satisfactory to the Authority, the Borrower and the Corporation. (a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority, the Borrower and the Corporation shall have agreed on mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instruments or instruments in respect thereto and any Financing Agreements or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. (c) Rulings satisfactory to the Borrower, the Corporation and the Authority as to such matters with respect to the Bonds, the Project, the Financing Agreements and any other trust instrument or instruments, if specified by the Authority, the Borrower and the Corporation, shall have been obtained from the Internal Revenue Service and/or the United States Treasury Department and shall be in full force and effect at the time of issuance of the Bonds. (d) Such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to the Borrower, the Corporation and the Authority as to such matters with respect to the Bonds, the Project, the 4GENOA ITp( NO. 1(" l)-)(q) OCT 24m Pg. \5 A-4 , , 10/12/00 THU 13:06 FAX 9415981161 DONALD A PICKWORTH PA @018 Financing Agreements and any other trust instrument or instruments, as shall be specified by the Borrower, the Corporation or the Authority, shall have been obtained from such governmental, as well as non-governmental, agencies and entities as may have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) Compliance with all applicable provisions of Chapters 159, 189, 215 and 218, Florida Statutes, and the Authority's guidelines and procedures relating to the issuance of the Bonds, the interest rates thereon, the type of purchasers of the Bonds and the terms on which the Bonds may otherwise be issued. (f) Notwithstanding any other terms hereof, nothing contained herein shall be construed to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the Financing Agreements. By execution hereof, the Borrower and the Corporation agree that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereof. If the events set forth in this Section 4 do not take place within the time set forth or any extension thereof, the Borrower and the Corporation agree that they will reimburse the Authority for all the reasonable and necessary direct or indirect expenses which the Authority may incur at the Borrower's or the Corporation's request arising from the execution of this Agreement and the performance by the Authority of its obligations hereunder, including reasonable legal fees and expenses for Counsel to the Authority and Bond Counsel. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunder duly authorized as of the 21st day of September, 2000. [Remabtder of page iIltentionlllly left blll1lk, signiltUres on fo/lowillg page] ~~~~, C:7 2 ~ 2000 Pg._)~ A-5 10/12/00 THU 13:06 FAX 9415981161 DONALD A PICKWORTH PA 141019 COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY /s/ Chairman The Diaz Family Limited Partnership /s/ [Title] Gulf Coast American Blind Corporation /s/ [Title] AGENDA,~, "- NO.~) OCT 2 ~ 2000 Pg. n A-6 . _.__.,.,...^-'-,._----"-"'--~._-~-~-" ._... '. , Nlptaa Dally New. IllIplel, f~ 34102 Affidavit of Pubt icaUon IllIpl.. Dai ly N",," . --- ---+-...------- 10/12/00 THU 13:07 FAX 9415981161 .r . "-" PICKWORTH, DONALD P .A. 5150 TAMIAMl TRL N '602 NAPLES fl 34103 REFERENCE: 010784 58126722 Notica of Meatlng an Steta of Florida County of Colllar Before tha undlroigned authority, par.....lly oppearad B. Lallb, whO on oath '1)" that she larva. IS. the AI,ietent. Cor-por.te S.cr~,;.ry ott~" H!IP~'I Dilly NeW" a daH)"nllllpaf'ar DliIlliMl!ld ItlliJ1~S, in COllier County, florida: that tha attachoil copy of adverti.lng .... publ iohad In laid hewlpeper on date. l hted. Affiant fvrther II)'I that tha ..id,lllIpl.. Daily Newl io a n.....papar pubU.hed at Mapla., in laid Collier COUnty, Florida, and that the .aid newlpaper has haretofora b.on ccntinuou.ly publilhed in .aid Collier County, Florida, each day and hal baan ontered a. IOcond ola.. ..il litter at tha polt offioa in IllIplo., in laid ---~llilr County, Florida, for I plriod of 1 year ~t praoeding the fir.t publioation of tho _ctached copy of advarti.alent; and affiant _ ".rther NY' that .he hae naitnar paid nor .ilad any perlOll, fire or corpor.tion Iny ~Iocunt, rebet., _ill ion or refund for tha pur"... of .eeuring thio edvlrtil_t for publiotlcn In thl Nid newlpaper. PUBLISHED ON: rJ9jzr DONALD A PICKWORTH PA 1aJ020 AD SPACE: 141.000 INCH fILED ON: rJ9j'l7jOO Si:~=:~=--'- /. -~---+------------- SWOrn to lInd suboor1bod ~orl... thio .6tLd!Y "! S OflhQf1) pe..cnllly known by Ie ~.J2~ '11'*' '!'It... Suoon D Rata * - * M\lOo....-CCll&1717 &x.pl* p.", 10. aooo ~ " -';'(I".#- "--" AGEND1~ NO. \ E'f\ OCT 2 4 2000 Pg. \ ~ EXHIBIT B TEFRA NOTICE 10/12/00 THU 13:08 FAX 9415981161 DONALD A PICKWORTH PA ~021 Execution Cop)' RESOLUTION NO. 2000-0 I- A RESOLUTION CONFIRMING AND AMENDING RESOLUTION NO. 2000-01, BEING AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (GULF COAST AMERICAN BLIND CORPORATION PROJECT) SERIES 2000 IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,700,000 FOR THE PRINCIPAL PURPOSE OF FINANCING CERTAIN COSTS TO BE INCURRED' BY THE DIAZ FAMILY LIMITED P ARTNERSlllP ( THE "BORROWER") IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN MANUFACTURING FACILITIES; AND PROVIDING FOR RELATED MATIERS. WHEREAS, the Diaz Family Limited Partnership, a Florida limited partnership (the "Borrower") and Gulf Coast American Blind Corporation, a Florida corporation (the "Corporation") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial Development Revenue Bonds (Gulf Coast American Blind Corporation Project), Series 2000 in an aggregate principal amount not to exceed $3,600,000 (the "Bonds"), for the purpose of making a loan to the Borrower, for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping two buildings of approximately 60,000 square feet, which will be used for certain manufacturing operations of the Corporation (the "Projecf') and (b) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and WHEREAS, the Authority held a special meeting on September 21,2000 to consider the application of the Borrower and the Corporation, and at the conclusion of said meeting adopted Resolution No. 2000-01, being an Inducement Resolution approving the Project and the issuance of the Bonds, subject to certain conditions contained in the Inducement Resolution and the Preliminary Agreement for Issuance of Private Activity Revenue bonds among the Authority, the Borrower and the Corporation (the "Preliminary Agreement") attached thereto and further directed that notice be published pursuant to irements AGENDA ~ NO. _..Hol_L.'\(,;).) OC; 2 4 2000 Pg. \q EXHIBIT C CONFIRMING RESOLUTION -~ 10/12/00 THU 13:09 FAX 9415981161 DONALD A PICKWORTH PA IaI 022 of the Internal Revenue Code (the "Code") for a hearing at which members of the public could comment on the issuance of the Bonds and the advisability of the Project; and WHEREAS, the Authority having considered the comments of members of the public as to the issuance of the Bonds and the advisability of the Project at a public hearing held October 12, 2000 pursuant to notice given as required by the Code, a copy of said notice being attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Part ill, Florida Statutes, as amended, and other applicable provisions oflaw. SECTION 2. CONFIRMATION AND AMENDMENT OF RESOLUTION 2000-01 AND APPROVAL OF THE FINANCING. Having considered comments of members of the public as to the issuance of the Bonds and the advisability of the Project, and having further reviewed the amount of financing requested, the Authority hereby confirms its approval of the financing as set forth in Resolution 2000-0 I, subject to the conditions set forth in said Resolution 2000-0 1 and the Preliminary Agreement, except that the Inducement Resolution and Preliminary Agreement are hereby amended to reflect that the aggregate principal amount of tax-exempt bonds shall not exceed $3,700,000, otherwise the terms and conditions of the Inducement Resolution and Prelirninllry Agreement shall remain in full force and effect. SECTION 3. DIRECTION TO SEEK APPROVAL FROM BOARD OF COUNTY COMMISSIONERS. The General Counsel of the Authority is hereby authorized and directed to request approval of the issuance of the Bonds by the Board of County Commissioners of Collier County pursuant to Section 147 of the Code, and upon obtaining such approval, to apply to the State Board of Administration, Division of Bond Finance for an allocation of the State V olunie Cap in order to permit the issuance of the Bonds, subject in all respects to the Borrower and the Corporation complying with the terms and conditions of Resolution 2000-01 and the PreliminRry Agreement. SECTION 4. immediately. EFFECTIVE DATE. This Resolution shall take effect ADOPTED this 12th day of October, 2000. ~~\~~C~\ OCT 2 4 2000 Pg. .;)b 10/12/00 THU 13:10 FAX 941598116I DONALD A PICKWORTH PA 1aJ023 COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (SEAL) /s/ J.R. Humphrey, Chairman ATTEST: /s/ Secretary AGENDA ~ :\. NO. _ \. If) '- ,(0) OCT 2 4 2000 Pg. c9\ "..-"...~.._.... ,-C, EXECUTIVE SUMMARY APPROVAL OF THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCELS 240 and 240T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. ROBERT L DAVIS, ET AL, (Golden Gate Boulevard Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcels 240 and 240T for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Robert L. Davis, et al., Case No. 00-1395-CA. CONSIDERATIONS: On August 1, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No, 63041), On August 14, 2000, Collier County deposited with the Registry of the Court the sum of Two Thousand Five Hundred and No/I00 Dollars ($2,500,00) for Parcels 240 and 240T in accordance with the Order of Taking, Through negotiations, the parties have reached a settlement agreement whereby the property ~ owners, Robert L. and Helen S. Davis, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-287). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "I"). The Stipulated Final Judgment provides for Two Thousand Nine Hundred and NollOO Dollars ($2,900,00) to be paid to the Respondents as full compensation for the property rights taken as to Parcels 240 and 240T. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Four Hundred and No/I00 Dollars ($400.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable, @, FISCAL IMPACT: - Cost: $400.00 Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax Road Construction Project Number: 63041 - Golden Gate Boulevard ,- GROWTH MANAGEMENT IMPACT: Consistent with the Collier Management Plan for CIE Project No. 53. 1 County Growth ~g~~~n ~(?>) OCT 2 4 2000 Pg. \ RECOMMENDA TION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of$400,OO into the Registry of the Court. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~{dl. J AC,Il( Heidi F. Ashton Assistant County Attorney Date: / () II l!VO , /~.< ~- A N. Korti, Project Manager Transportation Utilities and Engineering Department Date: 101//'2 / u ,: Date: I;; /; 31'1:- I ~{<l (! #-~ir David C. Weigel County Attorney Date H;//a /~ , , 2 AGENDA IRM . NO. HaCl.-)l3) OCT 2 4 2000 Pg. 0.. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision ofthe State of Florida, CASE NO. 00-1395-CA Petitioner, vs. CIVIL ACTION ROBERT L. DAVIS, et al. PARCELS: 240 & 240T Respondents, / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, ROBERT L. DAVIS and HELEN S. DAVIS, for entry of a Stipulated Final Judgment as to Parcel Nos, 240 and 240T, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, ROBERT L. DAVIS and HELEN S. DAVIS, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, ROBERT L. DAVIS and HELEN S, DAVIS, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Thousand Nine Hundred and No/IOO Dollars ($2,900.00) for Parcel Nos. 240 and 240T as full payment for the property interests taken and for damages resulting to the remainder, ifless than the entire property was taken, business damages, and for all other damages in connection with AGENDA ~~~ '\ NO. \ lP L- , J OCT 2 4 2000 3 EXHIBIT Pg. I 1- said parcel, which amount includes and is not in addition to funds deposited pursuant to the Order of Taking entered in this cause; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel Nos. 240 and 240T; and it is further ORDERED that Petitioner shall deposit an additional Four Hundred and No/lOO Dollars ($400.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the total amount of Two Thousand Nine Hundred and No/IOO Dollars ($2,900.00) to Respondents, Robert L. and Helen S, Davis, 1570 Golden Gate Boulevard W, Naples, Florida 34120, less any amounts previously paid for the benefit of Respondents, ROBERT L. DAVIS and HELEN S, DAVIS; and it is further ORDERED that disbursement to Respondents, ROBERT L. DAVIS and HELEN S, DAVIS is subject to any claims of mortgagees; and it is further ORDERED that title to Parcel No 240, drainage, sidewalk, utility and maintenance easement, and Parcel No, 240T, temporary driveway restoration easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 1,2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2667, Page 3067, of the Public Records ofColIier County, Florida be - dismissed as to Parcel Nos, 240 and 240T; it is therefor AGENDA~,_ NO. __Hd.~J OCT 2 4 2000 Pg. l\ 2 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2000. conformed copies to: Heidi F. Ashton, Assistant County Attorney Robert L. Davis and Helen S. Davis Mortgage Electronic Registration Systems Collier County Tax Collector Bookkeeping Ted Brousseau Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 240 and 240T. Dated / cJ - ;1 -(!) 0 Rdfff)~~ ROBERT L. DAVIS 1570 Golden Gate Bouievanl W Naples, Florida 34120 Respondent Dated: I (j - 'J- - ~O!J!J . 0!:tf .1. !!fl<-~ HELEN . DAVIS 1570 Golden Gate Boulevard W Naples, Florida 34120 Respondent Dated......!.. I P II I I 00 _.1 ~~dJ j Av1 /\ V'H IDI F. A'sHTml, ESQUIRE Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner ~~~ yvd!1- /0 __;1-00 3 ,''i:.tf.~:'f;:;;.,. UNDA Y AHl [.{ Iii 'f;j MY COMMISSION. CC 791245 ~j~;}' EXPIRES November 16, 2002 "R:,,~.'" Bc>r1ded Thru Notary Public UnderNnters --.. AGENDA ITEM "' NO. J{P(t. 'Ie? I OCT 2 4 2000 Pg. 5 --- -, '-'I \1 I I r-\' I I \.V..lCv I V NAPLES, FLORID~'3~112 33, . EAST TAMIAMI TRAIL (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO. 240 FaLlo ti:'. '3"/j \cx::cro1 ~ , .. EXI11l11f "~" (100' "'OWl E e ULE RD OlE GOLDEN GAT 0 VA r t10nTlI PRoPEnTY L '33Q' LE I ST,5D'mWI ASEMENT - l_______ C EXISTING AI ----~~--~- - ------p--- -~~--p -~--~-- -~ -~----- ------ ------- ----- J ---- -------- OT DRAlt/AGE, . AlI<, UTllITY.--- NlENANCE MENT weST75fEE1 AST 150rEET lllACT lfi ~~ , " '00 TRACT 16 WEsrrnor nTYlINE- -- EA T rnorEnTY LINE / ~ tn5' ". 75' 7" L;'O' &OUlI flOPFflTYlIlIE GBT OF' WAY LINE P"p,,,db /;$;;;;, I'/I? G'or~' R. 'ff;t;::ond P.L,S. 2406AGENDA Public Works Engineering pl. NO 330l TnrninmiTrnltEast '- Nnples, fL 34111 / 25170 SIOEW 8. MAl EASE /' 1P DEscnIPTION: TI IE SOUTlI25 FEET OF TI IE NORTH 75 FEET OF THE WEST 75 FEET or- THE EAST 150 rEET Or: TRACT 10, GOlDEN GATE ESTATES UNIT NO,!J, AS RECOROED IN PLAT 0001< "I, PAGE g9, OF THE PUBLIC RECORDS or COLLIER COUNTY, FLORIDA, r:CAlE filE 110 DillE EXHIBIT I "/'-\" I~" tOO JULY 20, lD!l1l GG02"O I "'" OCT 2 SI \ '{(JiJ (3 2000 Projecl: Parcel: Falla: Goldl 03ale Boulevard 240T 37011000004 ' \"1' , EXHIBIT "A" \.1 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The Wesl 30 feel of lhe Soulh 25 fe~t of the North 1 DO'fee! of Ihe West 75 fee! of lhe Easl15D feel of Tracl16, Golden Gale Estates Unil No.9, as recorded In Pial Baal< 4, Page 99, of the Public Records of Collier Counly, Florida. / / -- / / prepared...t2/dfL/dAr George ~;'~ond P.L.S.1I2 Public Works Engineering De AGEND~ r;r~ 3301 Tamlaml Trail Ea" NO. ~ I I.- Naples, FL 34112 OC 2 4 2000 Pg.' "I ,.-. EXECUTIVE SUMMARY PETITION NO. PUD-2000-07 ROBERT DUANE OF HOLE, MONTES & ASSOCIATES, INC., REPRESENTING NORTH NAPLES - BONITA LAND TRUST, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS TWO LAKES PLAZA FOR A MAXIMUM OF 144,000 SQUARE FEET OF COMMERCIAL RETAIL AND/OR A MAXIMUM OF 288,000 SQUARE FEET OF PROFESSIONAL OFFICE USES FOR PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 NORTH, ONE MILE NORTH OF THE OLD U.S. 41 INTERSECTION, IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.38+/- ACRES. OBJECTIVE: To have the Board of County Commissioners consider a rezoning request by a petitioner who seeks to have land described herein rezoned from its current zoning designation of "A" Rural Agricultural, to PUD, Planned Unit Development, for the purposes of developing a commercial development on 12 acres out of a total tract area of20.38 acres, by providing for four development tracts consisting of future commercial area and preserve areas. - CONSIDERATIONS: .~ The applicant proposes to develop the property for a maximum of 144,000 square feet of gross leaseable floor area for retail uses. This shaIl equate to a maximum of 12,000 square feet of gross leaseable floor area per acre, or a maximum of 288,000 square feet of office area, or 24,000 square feet of gross leaseable office area per acre. For each square foot of gross leaseable retail area developed, two square feet of office area shaIl be forfeited. The project is planned to incorporate natural systems, existing and manmade, for water management facilities in accordance with their natural functions. There are approximately 7.5 acres of South Florida Water Management District/Collier County jurisdictional wetlands on site. The church site to the north was required, through the permitting process, to protect the wetland on its southern property line which connects with the wetland system on the subject site, connecting with wetlands to the south and east to create a substantial wetlands flow way for this area. This flow way will be preserved through this project. The PUD Master Plan contains a total of four commercial development tracts totaling 12 acres, and 3 additional tracts consisting of wetland preserve/open space, water management tracts totaling 8.38 acres. The preserve area alone comprises 5.16 acres. The uses permitted by right are those permitted uses generally found in the C-1, C-2 and C-3 zoning districts. The northern most parcel shall be restricted to those uses primarily found in the C-2 zoning district, in order to provide a lower intensity transitional area between the abutting church site to the north and the higher intensity commercial tracts to the south. Commercial development tracts will be located along the site's 1,300 feet of frontage adjacent to U.S. 41. The preserve areas are located along the eastern boundary of the site, and create 250-300 feet of natural buffer between the subject site and the abutting residential PUD to the east (Sterling Oaks PUD). The project has access to existing utilities (potable water and ~~~ OCT 2 4 2000 PI. / sewer). Access to the site will be from U.S. 41. The southern most access point is located directly across from the Bentley Village development on the west side of U.S. 41, at a full median opening. The northern access point onto U.s. 41 will be restricted to a right turn in and right turn out. The project's Master Plan indicates interconnection with the site to the south, which is presently undeveloped and zoned C-3. Develooment Standards - The proposed development standards for the project are similar to the commercial district zoning standards which most closely characterizes the uses authorized by this district. Building heights for all structures are limited to 50 feet. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved results in future fiscal impact on 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 in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the proposed office project: . Fire Impact Fee: . Road Impact Fee: . Radon Impact Fee: . EMS Impact Fee: . Building Code Adm.: . Micro Film Surcharge: . Corrections Imp. Fee: $0.30 per square foot of building $2,453.00 per 1,000 square foot of building $0.005 per square foot of building $299.00 per 1,000 square foot of building $0.005 per square foot of building $1.50 per unit $1.326 per square foot of building $1,263,744 in impact fees would be collected should this project maximize its development potential and build out at 288,000 square feet of office space. There is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated de ends AGENDA ITEM No. /7 A OCT 2 4 2000 PI. 4. ._ I FINDINGS FOR PUD PUD-2000-07 Section 2.7.3.2.5. 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 ofthe 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: (i) The subject site is located adjacent to commercially zoned property to the south and a church use to the north. Con: (i) Findin!!: (ii) The subsequent development ofthe site will provide a logical decrease in intensity of uses from the C-4, to C-3 zoned properties to the south, north through the subject site, to the church site and residential PUD further north. None. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. 2. Adequacy of evidence of unified control and suitability of any proposed 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. Pro/Con: Findine: Evaluation not applicable. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. AGENDA ITEM No. /,7/1 OCT 2 4 2000 15 PI. ~/ . external impacts. Staff does not have the ability to require that this habitat be given priority for preservation, unless gopher tortoises are identified on site. However, due to the rare and high quality nature of this habitat, Staff feels that it is important for as much of this area to be preserved, during the site development process, as possible. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-2000-07, Two Lakes Plaza PUD to the Board of County Commissioners with the following conditions: 1. The developer shall be required to obtain a Roadway Connection Permit from the Florida Department of Transportation (FDOT) prior to the construction of the project's entrances. 2. The developer shall be responsible for the construction ofturn lanes at the project entrance as may be required by the FDOT. All required turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for the developments. These any road impact fees required by the Collier County Road Impact Fee Ordinance, No. 92-22, as may be amended. 3. Wetland permits shall be required in accordance with the State and Federal permitting rules. EAC RECOMMENDATION: The EAC unanimously recommended approval ofthe petition subject to staffs stipulations. PLANNING COMMISSION RECOMMENDATION: The Planning Commission hearing was held October 5, 2000. At that hearing the Planning Commission members voted unanimously to forward the petition to the Board of County Commissioners with a recommendation for approval, subject to staff's stipulations which have been incorporated into the PUD document. AGENOA ITEM No. /7..tJ OCT 2 4 2000 Pi. # 7. The ability of the subject property and ofsurrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Findin!!: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. 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: Evaluation not applicable. Findin!!: This fmding essentially requires an evaluation ofthe extent to which development standards 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 used for similar commercial structures. AGeDA ITEM No. /? /J OCT 2 4 2000 17 PI. LJ.. :j MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: - COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 21,2000 RE: PETITION NO: PUD-2000-07 TWO LAKES PLAZA PUD OWNER/AGENT: Agent: Mr. Robert Duane, AICP Hole, Montes and Associates 715 Tenth Street South Naples, FL 34102 Owner: North Naples-Bonita Land Trust, Thomas G. Eckerty, Trustee 12734 Kenwood Lane, Suite 89 Ft. Myers, FL 33907 REOUESTED ACTION: The Collier County Planning Commission consider a request to rezone land described herein from its current zoning designation of "A" Rural Agricultural, to PUD, Planned Unit Development, for the purposes of developing a commercial development on 12 acres out of a total tract area of20.38 acres, by providing for development tracts consisting of a commercial area and preserve areas. GEOGRAPHIC LOCATION: The subject site is located in Section 9, Township 48 South, Range 25 East, on the east side of u.s. 41 approximately 2.25 miles north of the U.S. 411Immokalee Road intersection. PURPOSEIDESCRIPTION OF. PROJECT: The applicant proposes to develop the property for a maximum of 144,000 square feet of gross leaseable floor area for retail uses. This shall equate to a maximum of 12,000 AGENOA ITEM Mo../7A OCT 2 4 2000 b PI. 1 __ I north of Old Business 41 and the U.S. 41 intersection. The petitioner is proposing to rezone the property from its current zoning designation of Rural Agricultural "A" to PUD to develop 12 acres for commercial land uses with the remainder of the site to remain in open space areas. v. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated as Urban Residential-Mixed use on the Future Land Use Map. Because the subject property abuts C-3 zoned lands to the South, it is eligible for 12 acres of commercial use under the Office and In-fill Commercial Sub-district of the Collier County Growth Management Plan. The proposed rezone petition complies with the required criteria, therefor it can be deemed consistent with the County's Growth Management Plan. Conservation & Coastal Mana!!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 stormwater runoff, stormwater 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 lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland policies, the following Objectives and Policies apply: Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". ''I This petition is consistent with Staff's Policy in respect to Objective 6.2 of the GMP. The objective does not provide for mitigation of the type ofwetl llU. "ITEM are located at the north edge of the wetland system. Objective 6.2 state "rilv7 A , Page 2 OCT 2 4 2000 PI. A<" square feet of gross leaseable floor area per acre, or a maximum of 288,000 square feet of office area, or 24,000 square feet of gross leaseable office area per acre. For each square foot of gross leaseable retail area developed, two square feet of office area shall be forfeited. The project is planned to incorporate natural systems, existing and manmade, for water management facilities in accordance with their natural functions. There are approximately 7.5 acres of South Florida Water Management District/Collier County jurisdictional wetlands on site. The church site to the north was required, through the permitting process, to protect the wetland on its southern property line which connects with the wetland system on the subject site, connecting with wetlands to the south and east to create a substantial wetlands flow way for this area. This flow way will be preserved through this project. The PUD Master Plan contains a total of four commercial development tracts totaling 12 acres, and 3 additional tracts consisting of wetland preserve/open space, water management tracts totaling 8.38 acres. The preserve area alone comprises 5.16 acres. The uses permitted by right are those permitted uses generally found in the C-l, C-2 and C-3 zoning districts. The northern most parcel shall be restricted to those uses primarily found in the C-2 zoning district, in order to provide a lower intensity transitional area between the abutting church site to the north and the higher intensity commercial tracts to the south. Commercial development tracts will be located along the site's 1,300 feet of frontage adjacent to U.S. 41. The preserve areas are located along the eastern boundary of the site, and create 250-300 feet of natural buffer between the subject site and the abutting residential PUD to the east (Sterling Oaks PUD). The project has access to existing utilities (potable water and sewer). Access to the site will be from U.S. 41. The southern most access point is located directly across from the Bentley Village development on the west side of u.s. 41, at a full median opening. The northern access point onto U.S. 41 will be restricted to a right turn in and right turn out. The project's Master Plan indicates interconnection with the site to the south, which is presently undeveloped and zoned C-3. SURROUNDING LAND USE AND ZONING: Existing: A portion of the subject property is heavily vegetated. The site presently has a Rural Agricultural (A) zoning district. Surrounding: North - Rural Agricultural (A); developed with a Church South - C-3; undeveloped commercial tract East - PUD; Sterling Oaks PUD, residential development West - U.S. 41;PUD, The Retreat PUD, residentiallALF AGENDA tTEM Mo.//,1l OCT 2 4 2000 pt. f? 2 -- . Upland habitats on site include 4.8 acres of pine flatwoods with slash pine, saw palmetto, gallberry, peunyroyal and a limited amount of Brazilian pepper and downy rosemyrtle in the midstory. Scrubby flatwoods cover about 6 acres of the site and include slll!'h pine, myrtle oak, sand live oak, hog plum, saw palmetto and rosemary, along with xeric mosses and ground cover. The third vegetative community is xeric oak/rosemary scrub with sand live oak, myrtle oak, hogplum, rosemary, running oak, nodding pinweed, aster and scrub mosses covering large areas of the ground. This is an extremely rare xeric scrub community for Collier County. The rosemary scrub is in excellent condition with no noticeable exotic vegetation or external impacts. Staff does not have the ability to require that this habitat be given priority for preservation, unless gopher tortoises are identified on site. However, due to the rare and high quality nature of this habitat, Staff feels that it is important for as much of this area to be preserved, during the site development process, as possible. Three soil types occur on site. They include I) Boca, Riviera, limestone substratum and Copeland fine sands depressional unit (hydric), 2) Pineda and Riviera fine sands (hydric) and 3) Satellite fine sand which is typically found along high sand ridges. Wetlands: Approximately 7.5 acres of South Florida Water Management District! Collier County jurisdictional wetlands exist on site. Two, high quality, distinct cypress heads are separated by hydric pine flatwoods. These wetlands exhibit a seasonal high water level, which is indicated by the consultant to be approximately the historic water levels for these areas. Standing water was observed in both cypress areas during staff s visit. The consultant confirms that these areas are typically wet during the summer months, due to the elevations as identified on the topographic maps and the field indicators such as lichen lines, buttress on the cypress and water levels observed on site. The two cypress heads are high quality wetlands with a very small amount of exotics observed in the much larger wetland on the north end of the parcel. Staff has asked the consultant to preserve the largest amount of these two wetlands as possible and to connect them to each other and the off site wetland flow way. The church site to the north was required, through the permitting process, to protect the wetland on its southern property line which connects with the wetland system on this property and connects with wetlands to the south and east to create a substantial wetlands flow way for this area. AGENDA ITEM No. /7 .4 OCT 2 4 2000 1'&. ,,:J 7 Page 4 - and peak flow attenuation during storm events. The petition is also consistent with Objective 6.2, Policy 6.2.10. which states that any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. These wetlands are a part of a contiguous flow way. However, the Board of County Commissioners had directed staff, through internal policy, to allow for impacts to wetlands when State and Federal agencies issue wetland permits for such impacts. Other Aoolicable Element (s)- Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and/or subdividing if necessary. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical! Archaeological Survey and Assessment is not required. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible for the above referenced areas of critical concern has reviewed the subject petition. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. This petition was reviewed by the EAC. The EAC recommended 5-0 to approve the project subject to conditions, which have been incorporated into the attached PUD document. The project is consistent with Policy 2.2.2. ofthe Conservation and Coastal Management Element in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. The petition is also consistent with Objective 6.2, Policy 6.2. I O. which states that any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. These wetlands are a part of a contiguous flow wa. AGENOA IlEM No. /7/1 OCT 2 4 2000 4 Pg. A1 DATE BARBARA S. BURGESON SR. ENVIRONMENTAL SPECIALIST REVIEWED BY: DATE SUSAN MURRAY, AICP CHIEF PLANNER DATE THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBERT 1. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION "GEND"I'TEM No. /7.4 OCT 2 4 2000 PI. ~9 Page 6 ",~..-_.._<~...._,,-,...._._...,"...,._.....,",..- ,,,' +. r , requested commercial PUD zoning designation and the FLUE. Because the subject property abuts C-3 zoned lands to the South, it is eligible for a maximum of 12 acres of commercial use under the Office and In-fill Commercial subdistrict of the Growth Management Plan. The site is presently vacant and vegetated. The PUD document indicates the proposed development plan for the 20.38 +/-acre site is for commercial development on 12 acres of the site. The remaining portions of the site, approximately 5.16 acres will be retained as a preserve area and 3.22 acres will be used for water management areas and open space. Commercial development on the site is planned to occur within approximately four (4) development tracts primarily located adjacent to U.S. 41, from north to south. The preserve area will be located along the eastern side of the site, from north to south. The preserve areas are located adjacent to the Sterling Oaks PUD to the east, and serve as a significant buffer area between the subject site and the existing Sterling Oaks PUD. The maximum building height is limited to 50 feet, for commercial structures. Development of the site will be required to comply with the County's Architectural and Design Guidelines. Compatibility - Staff is of the opinion that a rezoning of the subject property to a PUD zoning district is compatible with its surrounding environs. Abutting properties to the south are zoned C-3 and C-4, respectively. The property to the east is zoned for a residential PUD, however, the subject site abuts this property's 5.16 acre preserve area at depths of250 feet or more. There is scattered commercial zoning along U.S. 41, which is part of neighboring PUD's. Specifically 34 acres to the south as part of the Lawmetka PUD and 12 acres to the north as part of the Audubon Country Club PUD. The abutting sites to the south, although presently zoned for commercial uses are currently undeveloped. Surrounding properties zoned for residential PUD's are developed with a scattered mix of single family and multiple family dwelling units. The subject site fronts on U.S. 41, and given the commercial zoning of the abutting properties, is likely unsuitable to be developed for residential land uses. Traffic: The ITE Trip Generation Manual (5th Edition) indicates that the proposed project will generated 7,354 Average Weekday Trips, with 832 trips in the PM peak hour. The subject site's generated traffic does not exceed the significance test standard (5 percent of the LOS "C" design volume) on U.S. 41 or on Immokalee Road after trip adjustments and assignments are made. Therefore the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. The Element lists U.S. 41 as a 4-lane arterial road with a count of29,429 PSDT. This segment is operating at LOS "D", however, this segment is currently being improved to a 6-lane facility, which will improve the level of service to acceptable levels. Furthermore, Immokalee Road (CR-846) from U.S. 41 to C.R. 31 is a 4-1ane arterial road with LOS "D" as the minimum standard. The current traffic count for this road is 31,463 PSDT and is operating at LOS "D". It should be noted that this segment has been scheduled for improvement to a 6-1ane facility by 2001. As a result, this petition complies with Policies 1.3 and 1.4 of the Transportation Element. ~GENO~ I~ No. /:7 /f OCT 2 4 2000 Pi.~ 6 I I I I I I I I I I I I I I I I I r I . I t Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) 1 Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: : Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip Disclosure oflnterest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APJ'LlCATJON FOI< PUBLJC HLAIUNG FUI< pun 1<1:2.01'1: - IOl9b AGENOA ITEM No. -(? Jl OCT 2 4 2000 PAGE 2( ~ 16 pt. <3/ PREPARED BY: \.., .) _<L -<...1 <v ') I, J <, " /SUSAN MURRAY, AICP CHIEF PLANNER (. ,1-- <- ,! " ' ./f :,/ /'i . _.J i . -) ./'r'\ /.... /:;.i"( / j f ;> / / -<- L' I ,.. I, ~ / f , DATE RE O~.d..;.Ou DATE RON DF. P CURRENT PLANNING MANAGER ~ /ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR 7'- 2--0~ DATE \ A PRO DBY: 9. U,-od CENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIV. Petition Number: PUD-2000-07 Staff Report for October 5, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the October 24, 2000 BCC meeting. COMMISSION: - ckvi AGENDA ~ No. // II OCT 2 4 2000 PI./-Y 8 I I I I I I I I I I I I I I I I I r I _I " f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. 1 Name and Address None g. Date subject property acquired (06/10/99 - TRUSTEE CHANGED ON THIS DATE PROPERTY ACTUALLY ACQUIRED 04/10/99 ) leased ( ): _Term oflease yrs.lmos. If, Petitioner has option to buy, indicate date of option: 12/15/99 and date option terminates: 04/23/00 , or anticipated closing date 60 Days after Pun Rezone h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le~al description of tbe property covered by tbe application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 9 Township: 48S Range: 25E Lot: Block: Subdivision: Plat Book: 2562 Page #: 3086 Property I.D.#: 00142760004 Metes & Bounds Description: North 1/2 of South 112 Lying East of US 41 Section 9, Township 48 South, Range 25 East, Collier County 4. Size of property: 668 ft. X 1320 ft. = Total Sq. Ft. 881,760 Acres :1:20.25 5. Address/~enerallocation of subject property: 15000 Tamiami Trail North, Collier County, Florida - North of Old Business 41 & US41 Intersection, East side ofUS41 APJIUCA TJON FOR PUBLlC HLAHJ!\L FUkl'UD REZONE ~ lO/9b AGENDA ITEM No. /,7/1 6 OCT 2 4 2000 Pt:. ,?< PAGE 4 OF . ,-- U"'_...~_''''_ '-"--1" ,~ West: The property to the west, across U.S. 41 is zoned The Retreat PUD, and allows residential land uses and ALF. Summarv Findinl!s: The proposed rezoning and subsequent use of the property for a retail commercial development is compatible with the surrounding properties which are zoned for commercial land uses to the south, abutting the subject site. U.S. 41 to the west, and the church facility to the north. The significant buffer/preserve area along the properties eastern boundary mitigates compatibility issues between the subject site the residential PUD to the east. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summarv Findinl!s: The parcel is in a location such that it will not result in an isolated generic zoning district unrelated to adjacent and nearby districts. The adjacent property to the south is zoned C-3. The parcel as it is currently zoned, Agricultural, is an isolated zoning district relative to surrounding properties. A rezoning action to PUD will alleviate the site's current isolated district status under its current Agricultural zoning designation and will serve as a transitional land use between the C-3 property to the south and the church property to the north. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summarv Findinl!s: The district boundaries are logically drawn and they are consistent with the GMP. The rezoning action does not change the fact that development is for commercial retail purposes related to nearby commercialland uses and is being rezoned consistent with the Office and Infill subdistrict provision of the FLUE. s. Whether changed or changing conditions make the passage ofthe proposed amendment necessary. Pro/Con: Evaluation not applicable. Summarv Findinl!s: 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) ofthe GMP presently remains consistent. 10 AGENDA ITEM No. /? II OCT 2 4 2000 Pg. /6 . - I I I I I I I I I I I I I I I I I r I criteria noted below. Include any backup materials and documentation in support of the request. , 'i I Standard Rezone Considerations (LDC Section 2.7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies andfuture land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. AGENOA ITEM No. /7/1 OCT 2 4 2000 APPLICA nON .'OR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 60Fl Pi. d <" . ,~-----------_.,.,..~..- " T 8. Whether the proposed change will create a drainage problem; Pro/Con: Evaluation not applicable. Summary Findinl,:s: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships upon original development. Any redevelopment of the site will require design and construction plans, which shall meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management System. 9. Whether the proposed change will seriously reduce light and air to adjacent areas: Pro/Con: Evaluation not applicable. Summary Findinl!s: 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.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The criteria goveming development in the C-4 zoning district were designed to take into account the proximity of nearby residentialland uses. 10. Whether the proposed change will adversely affect property values in the adjacent area: Pro/Con: Evaluation not applicable. Summary Findinl!s: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that 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. The mere fact that a property is given 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; 1\GENO" ITEM No. /7,t} OCT 2 4 2000 Pi. It 12 I I I I I I I I I I I I I I I I I r I -- meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No II. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies ofa 24" x 36" conceptual site plan [and one reduced 811," x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, C. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section; .8. of~ Development Code (LDC) _ or a request for waiver if appropriate, Mo.)' 7 P APPLlCA nON t'OR PUBLIC HEARING FOR PUD REZONE - 10/98 OCT 2 4 2000 OF16 Pi. c3 7 PAGE -, scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summarv Findinl!s: The County has limited number of sites that can meet the criteria in order to make them eligible for a rezoning to allow commercial land uses under the Office and Infill Commercial subdistrict. Additionally, the GMP limits the total acreage eligible to use this provision to a total of 250 acres countywide. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements ofthe GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summarv Findinl!s: The site is currently undeveloped. The normal disruption of property attendant to the development phase is to be expected. To this extent the current natural vegetation will be removed and certain earth fill activity will be required to prepare 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 Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summarv Findinl!s: Public facilities are available, and their Level of Service is commensurate with Adequate Public Facilities standards. AGENDA ITEM No. /::7 ~ . OCT 2 4 2000 Pg. ,9d 14 I I I I I I I I I I I I I I I I I I I .1 - I TRAFFIC IMP ACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AAD1) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decellanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4,5.],5.2,7.2 and 7.3, A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. lbrough Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (phasing) of Development AI'PLlCATlON FOR PUBLIC HEARING FOR pun REZONE - IO/9h AGENDA ITEM No. /7 ,4 OCT 2 4 2000 pc. <3'f PAGE 100F I 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Findinl!: Evaluation not applicable. The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Mixed Use Urban Residential on the FLUE to the GMP. The project is utilizing the Office and Infill Commercial Subdistrict of the GMP. The project meets the requirements ofthe Office and Infill subdistrict, therefore can be considered in compliance with the GMP. 4. 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. Pro/Con: Findinl!: Evaluation not applicable. The PUD Master Plan has been designed to optimize internal land use relationships. External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. s. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Findinl!: Evaluation not applicable. 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: Findinl!: Evaluation not applicable. Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No.1, also applicable for this finding. AGENDA ITEM No.~A OCT 2 4 2000 PI. ~2.... 16 I I I I I I I I I I I I I I I I I I I ",.. I 7. Backl(round Traffic: The effects of previously approved but undeveloped or partially developed projects, which may affect major thoroughfares within the RDI of the proposed project, shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throul(h Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. PlannedlProposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasinl(: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 AGEN07ttM No. J /l . c APPLICA nON FOR PUBLIC HEARING FOR pun REZONE - 10/98 OCT 2 4 2000 PAGE 12 F 16 Pt. -'7'/ Item V.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF SEPTEMBER 6. 2000 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: ApplicantJDeveloper: Engineering Consultant: Environmental Consultant: Planned Unit Development No. 2000-7 Two Lakes Plaza North Naples Bonita Land Trust Hole Montes & Associates, inc. Passarella and Associates, Inc. II. LOCATION: The subject property is located on the east side of U.S. Highway 41 in north Collier County, adjacent to the southern property line for the Community Congregational United Church of Christ. The parcel is within Section 9, Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: This parcel is located south of the congregational Church, on the east side of US 41. It is surrounded by development to the north, east and west. The land to the south is unimproved with similar native vegetation and habitats. ZONING DESCRIPTION N- Provisional Use Church S- C-3 undeveloped E- PUD - Sterling Oaks Residential PUD W- US4l Road R-O-W PUD - The Retreat Retirement IV. PROJECT DESCRIPTION: The subject property is a 20.4 acre parcellocated on the East side of U.S. u, AGENDA ITEM No. /7 /l OCT 2 4 2000 pt. /),Lf Page I I I I I I I I I I I I I I I I I I I I -I I , " . 7. \ TOTAL POPULATION TO BE SERVED: SEEAITACHED 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAKSEEAITACHED AVERAGEDAlLY B. SEWER-PEAK SEE A IT ACHED AVERAGE DAILY 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2001 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific' statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statrmcnt RJM 10/17197 APPLICATION FOR PUBLIC HEARING FOR pun REZONE - 10/98 AGENDA IttM No. /? /I oA~T 2 4 2000 P.',~_m PAGE 1 shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". These wetlands are a part of a contiguous flow way. However, the Board of County Commissioners has directed staff, through internal policy, to allow for impacts to wetlands when State and Federal agencies issue wetland permits for such impacts. Objective 6.4 states, " A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". The policies which discuss the preservation requirements, state that they should not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. The wetlands on this site cover 35% of the site. However they are being permitted for impacts through the State and Federal wetland permitting process. VI. MAJOR ISSUES: Water Manal!:ement: This site sits within the Wiggins Bay Outlet Basin Study area defined by Agnoli, Barber and Brundage in their study of April 1997. The Water Management for this site consists of two interconnected lakes bordering the wetland preserve. The lakes will provide the water quality retention and water quantity peak flow attenuation required to throttle the discharge rate down to acceptable levels. The project will be permitted by SFWMD because of the amount of wetlands on-site. Environmental: Site Description: The subject property contains 20.4 acres, made up of pine flatwoods, scrubby pine flatwoods, two cypress heads, wet prairie and xeric oak! rosemary scrub. The majority of the vegetative communities on site are very high quality habitats, with little exotic invasion evident. It appears that the xeric community had a population of gopher tortoise at one time that have moved from the site. Many older and filled-in burrows were observed as well as one larger inactive or possibly abandoned burrow. There are two distinct cypress heads on site, which are connected by hydric pine flatwoods. This wetland system is connect 0 ~ A ITEM site adjacent wetland preserves. No. /7 A . Page 3 OCT 2 4 2000 PI. ,:J.{. I I I I I I I I I I I I I I I I I I I .-1 I - " \ AFFIDA VIT We/!, '{"""Vrs 6. ;;:d...Jic*'t-, Tt...c.sn'/;J being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary mailer allached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised ulllilthis application is deemed complete, .and all required information has been submilled. As property owner Well further authorize as our/my representative in any mailers regarding this Petition. to act Z;~ Signature of Property Owner Tt../Jfl'vt~ 6. l:!'Ck 6My, ~"".rf-Ge- Typed or Printed Name of Owner Typed or Printed Name of Owner 'it- ' The forego0$instrument was acknowledged before me this -;21 - day ofLj~~)/:../ 11JQf) bi~{ ft{)lvlriS G, ~~ who is personally known to me or has produced as identification. State of Florida County of .Cd!is1' L.ee I!.i; DEBORAHKLEWlS MY COMMISSION - a: 893007 \~ .., EXPJitES: Dee 11, 2003 ,..:::.oTAJI(Y FIlL NcWy SerwiaI &.llordnCJ Co. Deboi'aII K L8WIa (print, Type, or Stamp Commissioned Name of Notary Public) AGENDA ITEM No. /7# . APPLICA TJON FOR PUBLIC HEARING FOR PUD REZONE - 10/98 OCT 2 4 2000 16 Pi. 1/5" PAGE 160 Preservation Reauirements: The proposed development is required to preserve a minimum of 5.1 acres of native vegetation on site or mitigate for that area in accordance with Section 3.9.5 of the Land Development Code. The petitioner has proposed providing for 5.3 acres of preservation and 2.1 acres oflakes within the rear 275 feet of the parcel. Listed Suecies: The enviromnental consultant conducted a listed plant and wildlife species survey and did not observe any protected species utilizing the property or adjacent parcels. However, due to the fact that prime gopher tortoise habitat exists on site, additional gopher tortoise surveys may be required in the future, if the parcel is not immediately developed or if staff determines the need for same. VII. RECOMMENDATIONS: Staffrecommends approval of Planned Unit Development No. PUD-00-07, "Two Lakes Plaza", with the following stipulations: Water Manal!ement: The petitioner shall obtain a SFWMD Surface Water Management Permit prior to SDP Approval. Environmental: 1. Add the following stipulation to the enviromnental section of the PUD document, "The petitioner shall incorporate xeric scrub vegetation within the landscaped areas of the individual tracts, at the time ofSDP submittal." 2. Additional gopher tortoise surveys may be required at the time of future development order submittals. PREPARED BY: STAN CHRZANOWSKI, P .E. SENIOR ENGINEER DATE AGEND7'TEM No. / If , Page 5 OCT 2 4 2000 PI. ,flf . I Vonplon, Ruedi Landhausstrasse 4B I 6340 Baar, Switzerland Beneficiary: Ruedi Vonplon I Percentage owned: S.D I I I I I I I I I I I I I I I I Weisgal, Solomon 120 South Riverside Plaza, Suite 1620 -Chicago, Illinois 6D6D6 i Beneficiary: Solomon A. Weisgal Revocable TI1J..,. Partner Cypress Lane Investments Percentage owned: 2.50 Weisgal, Solomon 12D South Riverside Plaza, Suite 162D Chicago, Illinois 6D606 Beneficiary: Cana Investors Percentage owned: 2.5D. Yates, Gene 13D60 Hamilton Harbour Drive, H11 Naples, Florida 33942 Beneficiary: Gene Yates Percentage owned: .2.5D ~/;Y; OCT 2 4 2000 Pi.' #7 ': I r- I I I I I I I ~ ~ I I I I I I ..... r I APPLICATION FOR PUBLIC HEARING FOR: P P t'ti' N P U D U U - 0 7~. e 1 on 0: Date Petition Received: ------------- .. .-------- Commission District: Planner Assigned: .5 lA ~AlJ yYl ,.il..iLA 'f I ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) North Naples - Bonita Land Trust, Thomas G. Eckerty, Trustee Applicant's Mailing Address 12734 Kenwood Lane, Suite 89 City Fort Myers State 33907 FL Zip Applicant's Telephone # (941) 936-8338 Fax # (941) 936-2988 Name of Agent Robert Duane Firm Hole, Montes and Associates Agent's Mailing Address 715 Tenth Street South City State Zip FL 34102 Naples Agent's Telephone # (941) 262-4617 Fax # (941) 262-3074 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 AI'J'LlCATION )'OR PUBLIC HEARING "OR PUD REZONE. JOl9b AGENDA ITEM No. /j1.1f OCT 2 4 2000 16 pt. <30 PAGE I 0 _. I ') TWO LAKES PLAZA PLANNED UNIT DEVELOPMENT Prepared for: NORTH NAPLES - BONITA LAND TRUST Prepared by: ; ~ Hole, Montes and Associates, Inc. 715 Tenth Street South Naples, FL 34102 (941) 262 4617 HMA Pile No. 1999075 SEPTEMBER, 2000 Date Piled: Date Review by CCPC: Date Approved by BCC: Ordinance No: EXHIBIT A '"' AGENDA .JJ;.E"! No. //,:] OCT 2 4 2000 PI. 1/ f I r- I I I I I I I ~ I I I I I I -- r I b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address See Attached Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Marco Development, LLC Vladimir Ishanikov Percentage of Ownership Under Contract 100% AGENDA ITEM 01/03/2 00 No. / ~ /l . Date of Contract: AI'PLlCA 110)\ HlI< l'UBLlC HLAHINL fUH I'UD HLl.ONL. IU/~b OCT 2 4 2000 PAGE 3 C · 16 c3/1- PI. SECTION I STATEMENT OF COMPLIANCE ~ The development of20.38:!: acres of property in Section 9, Township 48 South, Range 25 East, as a Planned Unit Development, to be known as Two Lakes Plaza, is in compliance with the planning goals and objectives of the Collier County Growth Management Plan based upon the following reasons: 1.1 The subject property complies with the Office and In-Fill Commercial Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan for the following reasons: A. The site abuts an arterial roadway (U.S. 41). B. Commercial use is limited to twelve (12) acres and the balance of the property is in open space. C. The site abuts the C-3 Commercial Zoning District on one side to the south. D. The depth of the proposed commercial area does not exceed the depth of C-3 Commercial Zoning District, south of the subject property. E. Project uses have been limited to office or lower intensity commercial uses. F. The subject property/parcel was in existence prior to October 28,1997. G. The project will be served by central sewer and water service provided by Collier County. H. The project will be compatible with existing land uses and permitted future land uses. I. The Office and In-Fill Commercial Subdistrict will only be applied one time to serve as a transitional area, north of the existing C-3 Commercial District south of the subject property. J. There is approximately two-hundred and forty-five (245) acres remaining to be allocated for the Office and Infill Sub-district at the time of this application for rezomng. ) 1.2 The project development is planned to incorporate natural systems, existing and mamnade, for water management facilities in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 1.3 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.4 The project is compatible with adjacent land uses through the intemal arrangement of structures, the placement of land use buffers and open space areas, and the proposed development standards contained herein as permitted by Policy 5.4 of the Future Land Use Element. 1.5 The subject property's location in relation to the existing or proposed community facilities and services permits the development intensity as permitted by Obj the Future Land Use Element. ...... F:\PUD docs\Two lakes 929.doc 3 AGENOA ITEM No. /?' /f OCT 2 4 2000 pt. 6'! _~_...'__n.v_"' I p- I I I I I I I .. I I I I I I J- r I 6. Adjacent zonin~ and land use: Zoning Land use N PU CHURCH S C-3 VACANT E PUD RESIDENTIAL W PUD RESIDENTIAL US 41 AND PUD FOR ASSISTED LIVING FACILITIES Does the owner ofthe subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: N/A Range: Township: Lot: Block: Subdivision: Plat Book Page #: Property l.D. #: Metes & Bounds Description: 7. Rezone Request: This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). A Present Use of the Property: VACANT Proposed Use (or range of uses) of the property: RETAIL, & OFFICE USES SIMILAR TO C-3 DISTRICT & OPEN SPACE AREAS. 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Plauning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific refe nce " ITEM No. /7/l AYI'LlLATJOi\ FUk J'IJHLlC IU.AkING mil YIJIl IlE:l.ONL. IU/'b OCT 2 4 2000 PAGE 5 F 16 Pg. d'l . I SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE AND UNIFIED CONTROL ) 2.1 Prooertv Ownershio The subject property is under the ownership of: The North Naples - Bonita Land Trust 2.2 Legal Descriotion North Yz of South Yz East of U.S. 41, Section 9, Township 48 South, Range 25 East. 2.3 Short Title This Ordinance shall be known and cited as the "Two Lakes Plaza Planned Unit Development Ordinance". 2.4 Phvsical Descriotion A. The subject property is located on the east side of U.S. 41 and encompasses 20.38:1: acres. The subject property is presently vacant and has :I: 1300 feet of frontage on U.S. 41. At the time of this application for rezoning, the property is zoned for agriculture use. / 2.5 Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD rezoning for the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the rezone petition as described and agreed to within the PUD ordinance. --. A~~ No. /7 t9 OCT 2 4 2000 F;\PUD docs\Two lakes 929.doc 5 PI. (/{1 ^ ~"''''' I r- I I I I I I I , I I I I I I ~ r I \ 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II]. as amended. 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. PUD Rezone Considerations (LDC Section 2.7.3.2.5) 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. 2. Adequacy of evidence of unified control and suitability of any proposed 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 andfacilities that are not 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. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. 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. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property ,and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as "GENOA'IJEhI No. /7/1 AI'PLlCA nON fOR l'UIlLlC BLARING f"OR PUD REZONL - IO/9b PAGE 7 160CT 2 4 2000 pt. <.3 !o SECTION IV GENERAL DEVELOPMENT REGULATIONS ) The purpose of this Section is to set forth the development regulations to be applied to the development and use of the Two Lakes Plaza Planned Unit Development and PUD Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Two Lakes Plaza Planned Unit Development shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the Collier County LDC in effect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Two Lakes Plaza Planned Unit Development shall become part of the regulations, which govern the manner in which this site may be developed. D. All tracts identified on the PUD Master Plan for development may be used for water management purposes and parking. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the LDC pertaining to Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC in effect at the time of construction plan approval. 4.3 Easements for Utilities F:\PUO docs\Two lakes 929.doc Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted t ens~~ 7.4 continued operation and maintenance of all services and utilities to insure conl1fti",t& -- OCT 2 4 2000 PI. <55" ...... 7 I r I I I I I I I~ . I I I I I I ,- I I i I e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and 10cation(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h . A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. AI'I'LlCA nON FOR PUBLIC HEARING FOR PUD REZONE - 10/98 AGENDA ItEM No. /.?,If OCT 2 4 2000 PAGE 9 ( ~ 16 Pi. (':il? The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property. ) 4.8 Sunset and Monitoring Provisions The Two Lakes Plaza PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD MaSter Plans and Section 2.7.3.6, Monitoring Requirements. 4.9 Polling Places Any community recreation/public building/public room or similar common facility located within the Two Lakes Plaza PUD may be used for a polling place, if determined necessary by the Board of County Commissioners in accordance with Section 2.6.30 of the LDC. 4.10 Native Vegetation Retention Reouirements The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4.11 Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces and the water management facilities, shall be the responsibility of the property owners' association, together with any applicable permits and conditions from applicable local, State, or Federal permitting agencies. / 4.12 Landscaning Reouirements All landscaping requirements, buffers, walls, berms shall be developed in conformance with the requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering. 4.13 Onen Snace The total open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC, which is satisfied by open space areas provided for on the PUD Master Plan. 4.14 Signs As provided for within Section 2.5, Signs, of the Collier County LDC, and subject to the requirements of a uniform sign plan. ..... ...GENO...ITEM No. /7 A . OCT 2 4 2000 Pa.(r/ ( F:\PUD docs\Two lakes 929.doc 9 I r-- I I I I I I I - ~ I I I I I I ~ I I TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: ~. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RD1) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assi~nment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existin~ Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RD1. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (ROI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DR! Other (commercial, industrial, institutional, etc.) o - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). AGENOAI'!'EM No. /7,4- OCT 2 4 2000 PAGE II OF 6 ,/) PI. -?I t/ APPLlCA nON FOR PUBLIC HEARING .'OR pun REZONE. 10/98 - SECTION V ) PERMITTED USES AND DIMENSIONAL STANDARDS COMMERCIAL AREAS: 5.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas designated for commercial use on the PUD Master Plan within the Two Lakes Plaza PUD designated as Exhibit "A". 5.2 General Descriotion A maximum of twelve (12) acres of commercial development is permitted on Parcels A, B, C, and D as shown on the PUD Master Plan, which are designed to accommodate the full range of commercial and principal and accessory uses. The acreage of the individual tracts depicted on the PUD Master Plan is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Preliminary Subdivision Plat submittal in accordance with Division 3.2 of the Collier County LDC. Tracts A through D allow internal roads, open spaces, water management facilities and other similar uses. Roads, parking facilities and buildings, are not permitted in the Preserve Area located outside the twelve (12) acres of developable parcels. 5.3 Develooment Intensity 1. A maximum of 144,000 square feet of gross leaseable floor area for retail uses is permitted or 12,000 square feet of gross leaseable floor area per acre. 2. A maximum of 288,000 square feet of office area is permitted or 24,000 square feet of gross leaseable office area per acre. 3. For each square foot of gross leaseable retail area developed two (2) square feet of office area shall be forfeited within the project. For example, if 144,000 square feet of retail area is developed on the subject property no office area is permitted. 4. The intensity on individual parcels of land throughout the project may vary. If gross leaseable area is not fully used within an individual tract or building parcel, the unused remainder may be assigned to another tract or parcel provided the above maximum development intensities are not exceeded. --- AGENOAITEM No. /?Il . OCT 2 4 2000 PI. or ~ F:\PUD docs\Two lakes 929.doc 11 ._~.,-~~,~._~~._.._,"~...~^,.-"....~,---- . r I r I I I I I I L . I I I I I I -- '- I I STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1. NAME OF APPLICANT: North Naples - Bonita Land Trust - Thomas G. Eckerty - Trustee 2. MAILING ADDRESS: 12734 Kenwood Lane - Suite 89 CITY Fort Myers STATE FL ZIP 33907 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 15000 Tamiami Trail North - Collier, County, Florida 4. LEGAL DESCRIPTION: Section: 48S Range: 25E 9 Township: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 0014276004 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [gJ b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGETREATMENTPLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) [gJ o o o APPLlCA nON FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 13 OF 16 AGENDA IlEII No. /:7/1 . OCT 2 4 2lDJ Pl. -$I ~ N. o. P. Q. R. S. T. U. V. W. x. ,_ I Miscellaneous retail (groups 5912-5963 except pawnshops and building materials, 5992-5999). Museums and art galleries (8412). Non-depository credit institutions (groups 6111-6163). Paint, glass and wallpaper stores (5231). Personal services (groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251, 7291). Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). Retail nurseries, lawn and garden supply stores (5261). Veterinary services (groups 0742, 0752 excluding outside keuneling). Videotape rental (7841). United States Postal Service (4311 except major distribution centers). Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the District. \ I 5.6 Accessorv Uses Uses and structures that are necessary or incidental to the permitted commercial uses. 5.7 Dimensional Standards for Permitted Uses A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (lOO) feet. C. Minimum yard Requirements: 1. Front Yard: Twenty-five (25) feet including those parcels fronting US 41. 2. Side Yard: Fifteen (15) feet or one half (1/2) the building height, whichever is greater. 3. Rear Yard: Twenty (20) feet. 4. Maximum Height: Four (4) stories not to exceed fifty (50) feet. D. Minimum Floor Area: One thousand (1,000) square feet for each building on the ground floor. E. Minimum Off-Street Parking and Off-Street Loading: As required in Section 2.3 of the LDC and Section 4.16 of this document. F. Merchandise Storage and Display: Unless specifically permitted for a use, outside storage or display of merchandise is prohibited. G. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential, which is located within two hundred (200) feet of the source of light. H. Dimensional standards for accessory uses shall be as required in Section 2.6.2 of LDC. -, F:\PUD docs\Two lakes 929.doc 13 AGENDA ITEM No./? ~ OCT 2 4 2000 Pc. ~/ I l- I I I I I I I ~ I I I I I I -- I I PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 15 s. Conceptual Site Plans 15 6. Environmental Impact Statement - (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 4 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 ]0. Historical & Archaeological Surveyor Waiver 4 Application n. Copies of State and/or Federal Permits 4 ]2. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Check shall be made payable to - Collier County Board of Commissioners ]4. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the infol1lJation indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal infol1lJation may result in the delay of processing this petition. AGENDA i!EIJ No. /7" OCT 2 4 2001I Pc. ,y'J/ Agent/Applicant Signature APPLICATION FOR PUBLIC HEARING FOR pun REZONE _ 10/98 Date PAGE IS OF 16 . 6.8 The petitioner shall incorporate the existing xeric scrub vegetation within the landscaped areas of the individual tracts and shall show such vegetation on the site development plan. ) 6.9 Additional gopher tortoise surveys may be required at the time of future Development Order submittals. ) -, AGENDA ITEM No. /7 ~ OCT 2 4 2000 PI. t.J F:\PUD docs\Two lakes 929.doc 15 ____~_o__...__._.... .~ 1- I Ackard, Peggy ~rd North, Ltd. .~ j Masters Drive League City, Texas 77573 IBenefiCiary: Ackard North, Ltd. Percentage owned: 6.25 -seme" Ella Anchor Bay Communications 19541 Cypress Lake Drive Fort Myers, Florida 33919 Beneficiary: Anchor Bay Communications, Inc. Profit _Sharing Plan , Percentage owned: 1.25 _Gleason, Stanley M. Post Office Box 536 Bradford, Pennsylvania 16701 ' I Beneficiary: Stanley M. Gleason Percentage owned: 2.5D - - reline, Gerald ' . ,,;818 Tanglewood Trail , , Farmington Hills, Michigan 48331 Beneficiary: Gerald Jardine I Percentage owned: 2.50 -lehmann, Siegfried clb Ingrid Budde I VENNSTR,64 · 40627 Duesseldorf, Gennany Beneficiary: Siegfried Lehmann, Percentage owned: 40.D I I I Percentage owned: ~. I - O'Hara, Barbara 106 Curacao Lane Bonita Springs, Florida 33923' BenefiCiary: Barbara C. O'Hara Revocable Trust dtd 4/19/94 2.50 Stunkel, Reinhard Flachskampstrasse 6D 4D627 Duesseldorf, Germany Beneficiary: Reinhard Stunkel Percentage owned: 1D.0 Arendt. M.D.. Ekkehard Elsa-Brandstrom-Strasse 26 42761 Haasn, Germany BenefiCiary: Dr. Ekkehard Arendt Percentage owned: 2.5 Doyle, Richard 4296 Sanctuary Way Bonita Springs, Florida 33923 Beneficiary: Richard Joseph Doyle Revocable Trust db 6/17/88 Percentage owned: 2.5D Colosimo, Jim TwinEagles Development, Inc. 4099 Tamiami Trail N, #3D5 Naples, Florida 341 D3 Beneficiary: Jim Colosimo Percentage owned: 2.5D Kniff, stewart 3377 English Hills Drive, NW Grand Rapids, Michigan 49544 Beneficiary: Stewart Kniff Percentage owned: 5.D Lind, Frances 193D Princess Court Naples, Florida 34110 Beneficiary: Frances J. Lind Trustee, dtd 12115/80 M. Frances J. Und Percentage owned: 2.5D Pfeil, Richard 141 W. Jackson Boulevard, Suite 38D6 Chicago, Illinois 60604-329D Beneficiary: Richard Pfeil Percentage owned:' 5.0 Sui ander, Lee N. 6854 Wellington Drive Naples, Florida 34109 Beneficiary: Lee N., Sulander Percentage owned: 2.5D AGENOA ITEM No. /,7/! OCT 2 4 2000 Pi. 4~ I I . ___ I SECTION VIII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 Utilities A. Sewer and water service shall be provided by Collier County. All pertinent requirements pertaining to the extension and construction of water distribution and sewage collection facilities shall be met. B. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to 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. C. All customers connecting 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. Should the County not be in a position to provide water and/or sewer service, customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. D. Appropriate easements for any project internal water improvements shall be documented on the construction plans and shall be dedicated to the Collier County Water-Sewer District. E. Construction drawings, technical specifications and all pertinent design information shall be submitted in accordance with Collier County Ordinance 97-017 or amendments made thereto and shall be approved prior to the issuance of development construction approval. 8.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction p . issued unless and until approval of the proposed construction, in ac ord~~~~ the submitted plans, is granted by the Development Services Dep ent. / -- OCT 2 4 2000 PI. "5 '\ F:\PUD docs\Two Jakes 929.doc 17 ORDINANCE NO, 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 TIlE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE OFFICIAL ZONING A TI.AS MAP NUMBER 8509S; BY CHANGING THE ZONING - CLASSIFICATION OF TIlE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO .PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TWO LAKES PLAZA LOCATED ON TIlE EAST SIDE OF U.s. 41 NORTH OF THE OLD U.S, 41 INTERSECTION, IN SECTION 9, TOWNSHIP 48 SOU11l. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.38. ACRES; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS. Robert Duane of Hole, Montes and Associates, representing the North Naples - Bonita Laud Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein describ~d real propeny. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Colli~r COUllty, Florida, that: SEcnoN ONE: The zoning classification of the herein described real property located in Section 9, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Uuit Development in accordance with the Two Lakes Plaza PUO Document, attached hereto as Ex.hibit "A" and incorporated by referenCe herein. The Official Zoning Atlas Map numbered 85098, as described in Ordinau..:e Number 91pl02, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND OUL Y ADOPTED by the Board of County Commissioners nfCoUier County, Flurida, lI,is _ day of ,2000, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA AITEST: BY: , CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency ~~y;}..~ MIlIj M. Student Assistant County Attorney gIadminlPUD-2000-07/SMlim AGENOA ITEM No. /;' /l . . OCT 2 4 2000 PI. *'!' -1- .... SECTION IX WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 9.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, iffenced. 9.3 Landscaping may be placed within the water management areas consistent with the .criteria established within Section 2.4.7.3 of the LDC. 9.4 A surface water management permit must be obtained from the South Florida Water Management District prior to subdivision plat or site plan approval AGENDA ITEM No. /7/1 OCT 2 4 2000 PI. {p 1 F:\PUD docs\Two lakes 929.doc 19 TABLE OF CONTENTS I. STATEMENT OF COMPLIANCE II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE, AND UNIFIED CONTROL III STATEMENT OF INTENT AND PROJECT DESCRIPTION IV GENERAL DEVELOPMENT REGULATIONS V PERMITTED USES & DIMENSIONAL STANDARDS VI ENVIRONMENTAL STANDARDS VII TRANSPORTATION REQUIREMENTS VIII ENGINEERING AND UTILITIES REQUIREMENTS IX WATER MANAGEMENT REQUIREMENTS LIST OF EXHIBITS EXHIBIT A. - CONCEPTUAL PUD MASTER PLAN EXHIBIT B F:\PUD docs\Two lakes 929.doc 2 AGENOA ITEM No. /7/1 . OCT 2 4 2000 PI. (~ 1.6 Shared access is provided to lands to the south to comply with Policy 7.2 of the Traffic and Circulation Element of the Collier County Growth Management Plan which encourages interconnections between projects. 1. 7 All final local Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 4GEN041TEM No. /7 A . F:\PUD docs\Two lakes 929.doc 4 OCT 2 4 2000 Pa.~ ..~----~--_.,-_."~ on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. The rezoning request is consistent with the applicable elements of the Growth Management Plan and will not have a negative impact on adopted level of service standards. ENVIRONMENTAL ISSUES: Approximately 7.5 acres of South Florida Water Management District/ Collier County jurisdictional wetlands exist on site. Two, high quality, distinct cypress heads are separated by hydric pine flatwoods. These wetlands exhibit a seasonal high water level, which is indicated by the consultant to be approximately the historic water levels for these areas. Standing water was observed in both cypress areas during staff s visit. The consultant confirms that these areas are typically wet during the summer months, due to the elevations as identified on the topographic maps and the field indicators such as lichen lines, buttress on the cypress and water levels observed on site. The two cypress heads are high quality wetlands with a very small amount of exotics observed in the much larger wetland on the north end of the parcel. The project is planned to incorporate natural systems, existing and manmade, for water management facilities in accordance with their natural functions. There are approximately 7.5 acres of South Florida Water Management District/Collier County jurisdictional wetlands on site. The church site to the north was required, through the permitting process, to protect the wetland on its southern property line which connects with the wetland system on the subject site, connecting with wetlands to the south and east to create a substantial wetlands flow way for this area. This flow way will be preserved through this project. The PUD Master Plan contains a total offour commercial development tracts totaling 12 acres, and 3 additional tracts consisting of wetland preserve/open space, water management tracts totaling 8.38 acres. The preserve area alone comprises 5.16 acres. Upland habitats on site include 4.8 acres of pine flatwoods with slash pine, saw palmetto, gallberry, pennyroyal and a limited amount of Brazilian pepper and downy rosemyrtle in the midstory. Scrubby flatwoods cover about 6 acres of the site and include slash pine, myrtle oak, sand live oak, hog plum, saw palmetto and rosemary, along with xeric mosses and ground cover. The third vegetative community is xeric oak/rosemary scrub with sand live oak, myrtle oak, hogplum, rosemary, running oak, nodding pinweed, aster and scrub mosses covering large areas ofthe ground. This is an extremely rare xeric scrub community for Collier County. The rosemary scrub is in excellent condition with no noticeable exotic vegetation or AGENDA rrti:i No.4,t1 I OCT 2 4 200: PI. -..3 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 Introduction It is the intent of the aeveloper to establish a Planned Unit Development meeting the requirements for a PUD as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Proiect DescriDtion The project is comprised of about 20.38 acres and is located at the east side of U.S. 41 in Section 9, Township 48 South, Range 25 East. Access to the project is provided by two (2) access points onto U.S. 41. The southerly most entrance is an existing signalized median opening. The northem most entrance is proposed to be right-in-right-out. The project is intended to support a selected range of commercial uses and professional services to the surrounding community. 3.3 Land Use Plan and Proiect Phasing A. The PUD Master Plan contains a total of four (4) commercial development tracts consisting of open space, development areas and street right-of-way comprising twelve (12) acres. The balance of the property is retained in open space including retention areas, and wetland preserve areas comprising 5.16 acres. The Master Plan is designed to be flexible with the placement of buildings, related utilities and water management facilities to be determined at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. Final lot configuration will be determined during the Subdivision Plat review process. B. The anticipated time of build-out of the project is approximately four (4) years from the time of issuance of the first building permit, or 2004. AGENDA ITEM No. /? A- , OCT 2 4 2000 pt. 6'f' F:\PUD docs\Two lakes 929.doc 6 PREPARED BY: ~~ CHIEF PLANNER /0 -5- ';;000 DATE REVIE --' 0' o~ 2. cr5U DATE RONAL F. NINO, CP, AGER CURRENT PLANNING SECTION ,1/JViA~ ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES (1)- 1-OV DATE APPROVED BY: Ie-fl-C C' NT A. CAUTERO, AICP, ADMINISTRATOR DATE TY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-2000-07, Two Lakes Plaza PUD This petition has been tentatively scheduled for the October 24, 2000 Board of County Commissioners Public Hearing. ._ I AGENOA ITEM No./ 7 ~ OCT 2 4 2000 pt. 6 with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC. 4.5 Proiect Plan Approval Requirements Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with, PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan, if applicable. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or any other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels. 4.6 Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4GENOA ITEM No. /7 A . 4.7 Archaeological Resources F:\PUO docs\Two lakes 929.doc 8 OCT 2 4 2000 Pc. ft _. I . r- 0 . i~ n .- ~ - .sl 0 Z (~t "S'n) T1~ ~~ ~ ! ~ .u S "'tJ i 0 . ~ ~.. ! 0", 00 · II 1<~ -m ~~ ~I m ~~ i I ." = m .... .". -, :; -I (1i~>S: . 0 " " Z . ~ - ." / c: lIO'lOll:Al.L .. I '" '" I ... 0 0" iiI !i=i i Om Z ; I ~ a r_-.1lO. U.I._ en - -f I'TI i ! ~ ~ "'tJ i ! GENOA ITEM /711 T242000 g. ?' 4.15 Architectural and Site Design Standards Development of commercial uses in the Two Lakes PUD shall be subject to Division 2.8 of the LDC. 4.16 Off Street Parking and Loading Off street parking and loading facilities shall meet the requirements of Division 2.3 of the LDC. However, parking may be shared between the primary retail facility and freestanding uses throughout the site. Each freestanding use shall not be required to provide one hundred percent (100%) of the LDC minimum parking requirement on the project site; however, the total parking provided shall meet or exceed the minimum parking requirement for the combined uses, subject to sections 2.3.4.11.1 or 2.3.4.11.2 of the LDC. AGENDA ITEM No. /7 A . F:\PUD docs\Two lakes 929.doc 10 OCT 2 4 2000 pt. ~ GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed-Use Residential Land Use classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive ofa variety of residential land uses including single family, multi-family, duplex, mobile home, mixed use (planned Unit Development), and commercial development. The subject petition is for a commercial PUD, to allow a maximum of 144,000 square feet of commercial development or 288,000 square feet of office development, allowing uses primarily, which are permitted by right in the C-l through C-3 zoning districts. These are authorized uses ofland in the urban residential mixed use designated area of the Future Land Use Element (FLUE), under the Office and Infill Commercial subdistrict, therefore, the project can be deemed to be consistent with the FLUE.' Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Transportation Element - Staffhas reviewed the applicant's Traffic Impact Statement (TIS). The ITE Trip Generation Manual (5'" Edition) indicates that the proposed project will generated 7,354 Average Weekday Trips, with 832 trips in the PM peak hour. The subject site's generated traffic does not exceed the significance test standard (5 percent of the LOS "c" design volume) on U.S. 41 or on Immokalee Road after trip adjustments and assignments are made. Therefore the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. The Element lists U.S. 41 as a 4-1ane arterial road with a count of 29,429 PSDT. This segment is operating at LOS "D", however, this segment is currently being unproved to a 6-lane facility, which will improve the level of service to acceptable levels. Furthermore, Immokalee Road (CR-846) from U.S. 41 to C.R. 31 is a 4-1ane arterial road with LOS "D" as the minimum standard. The current traffic count for this road is 31,463 PSDT and is operating at LOS "D". It should be noted that this segment has been scheduled for improvement to a 6-lane facility by 2001. As a result, this petition complies with Policies 1.3 and 1.4 of the Transportation Element. Interconnection of projects wherever possible is encouraged by the Transportation Element of the Growth Management Plan. Interconnection at this site with the neighboring property to the south is possible and the petitioner's Master Plan indicates that will occur at the time of development of the site. Coastal and Conservation Element- The project is consistent with Policy 2.2.2.ofthe Conservation and Coastal Management Element in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality re . ,.~~TaA No.// A OCT 2 4 2000 Pi. 9' 3 5.4 Permitted Uses Parcels A and B (Grouo One) Unless otherwise provided for in this Section, all permitted uses of the Commercial Convenience District (C-2) of the Collier County Land Development Code permitted as of the effective date of this Ordinance. In addition, the following uses are also permitted which are designated as Group One (1) uses on the PUD Master Plan. A. Business Services (group 7389 except auctioneering service, field warehouse, bottle labeling, packaging & labeling, salvaging of damaged merchandise, scrap steel cutting and slicing) B. Food stores (groups 5411-5499). C. Home furniture, furnishing and equipment stores (groups 5712-5736). D. Membership organizations (groups 8611-8699). E. Miscellaneous retail (groups 5912, 5941-5961, 5992-5999). F. Non-depository credit institutions (groups 6111-6163). G. Public administration (groups 9111-9199). H. Retail nurseries, lawn and garden supply stores (groups 5261) 1. United States Postal Service (no group provided) J. Watch, clock and jewelry repair (group 7631) 5.5 Permitted Uses Parcels C and D (Grouo Two) A. B. C. D. E. F. G. H. 1. J. K. L. M. Unless otherwise provided for in this Section, all permitted uses of the C- 3 Commercial Intermediate District of the Collier County Land Development Code permitted as of the effective date of this Ordinance. These uses are designated as Group Two (2) uses on the PUD Master Plan. Apparel and accessory stores (groups 5611-5699). Auto and home supply stores (5531). Automotive services (7549). Business services (groups 7311, 7313, 7322 - 7338, 7361 - 7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Eating places (5812 only). AIl establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of Section 2.6.10 of the LDC. Food stores (groups 5411-5499). General merchandise stores (groups 5311-5399). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to ~ 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to ~ 651 F.S. and ch. 4-193 F.A.C.; all subject to Section 2.6.26 of the LDC. Home furniture, furnishing, and equipment stores (groups 5712-5736). Libraries (8231). Membership organizations (8611-8699). Miscellaneous repair services (groups 7629-7631). 4GEN041l'EM No. /7 A OCT 2 4 2000 F:\PUD docs\Two lakes 929.doc 12 Pi. k,~ However, the Board of County Commissioners had directed staff, through internal policy, to allow for impacts to wetlands when State and Federal agencies issue wetland permits for such impacts. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. ofthe Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationshio to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship ofthe proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The subject property is located within the Urban Residential Mixed use subdistrict future land use classification as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The petitioner is utilizing the Office and Infill Commercial subdistrict provision of the FLUE, which provides a consistency relationship wiu me AGENDA ItEM No. /:7.11 OCT 2 4 2000 PI. // 5 SECTION VI ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments. of the project developer. 6.1 Preserve Areas are generally depicted on the PUD Master Plan and are permitted to be used for open space and passive recreational use only. All preservation areas shall be designated as Preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbackslbuffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the LDC. 6.2 Petitioner shall be subject to the Collier County Growth Management Plan, Policy 11.1.2 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 6.3 Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Staff. 6.4 Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the Collier County LDC and the Preserve Areas, shall be generally provided for as depicted on the PUD Master Plan, Exhibit A. 6:5 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to Pinal Site Plan/Construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. 6.6 The petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected, species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Staff for review and approval prior to Final Site Plan/Construction approval. 6.7 The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. "GEND7~ No./ OCT 2 4 2000 pt. 1..,1. 14 F:\PUD docs\Two lakes 929.doc ( .....1 From a planning and traffic safety standpoint, the proposed northern access point onto U.s. 41 is limited to right-inlright-out. The southern most access point is adjacent to a median opening that is shared with Bentley Village to the west, on U.S. 41. Florida Department of Transportation permits are required to construct the planned access. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review. The GMP consistency review indicates that approval of this petition is consistent with policies of the Transportation Element. Timing: There are no issues of timing inasmuch as the land is ripening for development as well as the entire surrounding environment. Central public water and sewer will serve the project at the time of development. Utility Infrastructure: The project site will be served by a full range of services and utilities provided by Collier County. All development must comply with surface water management requirements invoked at the time of site development plan approval. STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, having the effect of rezoning certain lands from Rural Agricultural, "A" to General Commercial, "PUD" as summarized below: 1. The developer shall be required to obtain a Roadway Connection Permit from the Florida Department of Transportation (FDOT) prior to the construction of the project's entrances. 2. The developer shall be responsible for the construction of turn lanes at the project entrance as may be required by the FDOT. All required turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for the developments. These improvements are site related, and therefore, shall not be eligible for credit toward any road impact fees required by the Collier County Road Impact Fee Ordinance, No. 92-22, as may be amended. 3. Wetland permits shall be required in accordance with the State and Federal permitting rules. AGENDA ITEM No. /74 OCT 2 4 2000 7 P,. n SECTION VII TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project developer. 7.1 The developer shall provide arterial street lighting of the project entrance. Said improvement shall be in place prior to the issuance of any Certificate of Occupancy. 7.2 The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. 7.3 Internal access improvements shall not be subject to impact fee credits. 7.4 All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.5 The southern most access into the project depicted on the PUD Master Plan is adjacent to a median opening that is shared with Bentley Village to the west on US 41. The northern most access is a right-in-right-out turning lane onto US 41. Florida Department of Transportation permits are required to construct the planned access. 7.6 Access to the adjoining property to the south shall be shown on the Final Subdivision Plat and shall be provided prior to the issuance of the first Certificate of Occupancy for any development on the adjoining site provided the subject site is developed prior to the adjoining site. Should the adjoining site be developed before the subject site, then the access will be provided prior to the issuance of the first Certificate of Occupancy for the subject site. AGENOA ITEM No. /.? /J OCT 2 4 2000 PI. to L/ F;\PUD docs\Two lakes 929.doc 16 REZONE FINDINGS FOR PETITION PUD-2000-7 Section 2.7.2.5. ofthe Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following where applicable: '. 1. Whether the proposed change will be consistent with the goals, objectives, , and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findinl!s: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies, specifically the proposed development complies with the Office and Infill Commercial subdistrict of the FLUE. 2. The existing land use pattern. Pro/Con: Evaluation not applicable. Existing: The subject 20.38 acre site is currently vacant. It has 1,300 feet of frontage on U.S. 41 and is approximately 650 feet deep. Surrounding: North: The property to the north is zoned "An and has a conditional use approval for a church. It is presently developed with a church and related facilities. South: The property to the south is zoned for C-3, Commercial Intermediate and is currently vacant. East: The property to the east is zoned Sterling Oaks PUD, a residential PUD. The subject site's 5.16 acre preserve area abuts the Residential tracts within the Sterling Oaks PUD. AGENDA I'!'EM No. /7 A OCT 2 4 2000 p,. /5 9 B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. D. The developer and all subsequent petitioners shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plat, Site Development Plan and any other application that will result in the issuance of a Final Development Order. AGENDA ITEM No. /?/J OCT 2 4 2000 Pi. ,,' F:\PUD docs\Two lakes 92?doc 18 . I 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) A rezoning action that is consistent with a community's comprehensive master plan is a statement that acknowledges the action as contributing to the basic goals and objectives of master planning which is the promotion of the overall public health, welfare and safety, and is therefore also part of the equation which promotes the best principles of neighborhood composition. The proposed change will have the affect of permitting a commercial land use on the property, similar to the property to the south, and nearby commercially zoned and developed properties. Con: Some people may find any form of non-residential land use in this area as offensive and adversely influencing their perception of neighborhood conditions. Summary Findin!!s: The proposed change will not adversely influence living conditions in the neighborhood because the change is consistent with the goals and objectives of the master plan and because recommended development standards and other conditions for approval that come into play at subsequent approval phases are designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic 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 the provisions ofthe Transportation Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. Con: 'None. Summary Findin!!s: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. AGENDA ItEM No. /:7 A . OCT 2 4 2000 pt. /;7 11 ~ 'I I 'I I / II II II I I II II II II II II II II II II II II II II II II II II II II II I I' I II I II I II II II II II II II 1\ II II \ I II II II II II II II : I II ,I II IU I In 1\\ 1\\ I \ I \ I 'I I ' \ II \ \ I I \ \ 1\ \ II I I '" '" " :; o Q: E o .. N ~ I I ~ OJ ! ~ N ~ o ~ ! CHURCH .. .. .. .. .. .. .. ... .. .. .. .. .. ... .. .. .. .. ... .. .. .. .. .. .. .. .. ... ... .. .. .. .. .. ~ o 100 200 I . SCALE FEET SCALE: 1. = 200' 0 GROUP ONE . lAND USE . . ~ . . GROUP llW) . WATER . lAND USE MGT. . AREA . . . . . . . . .. ... .. .. ... ...... ..... ...... ..... ..... ..... ..... .. .. .. .. .. .. ..... ..... . . TIlE INlERCONNEC1l0N MAY BE ADJUSlED DEPENDING UPON HOW PlANS FOR TIlE ADJACENT PROPERlY DEVELOP TO TIlE S C3 ZONING LAND USE SUMMARY DEVELOPMENT lRACTS (Incl. Water Mgl areas) _ 12.00 Ac.: (59") , ,PRESERVE _ 5.16 Ac.: (25") WAlER MANAGEMENT/OPEN SPACE _ 3.22 Ac.: (16") TOTAl AREA - 20.38 Ac.: (100") .r c -II: ~ '" ~ ~ on ~ o '" '" '" :;- '" '" '" :;- ::; AGENDA ITEM No. /~ A . OCT 2 ~ 2000 pi.bR O. . . . - PRESERVE . . - PERIMETER BERM H~.HOlE, MONTES l ASSOCIATES, n:. ~ EN_a-~a-.\lRVEYOR. 715 lClttl - L, ......... n. S4111Z - ....... I (141' 2U_17 Two Lakes P.U.D. Master Plan Exhibit A ~_.._- CHEO(ED BY : llUl. DRA.. BY : IIRP DAlE : 0lS PRo.ECT No. lIII.711 REF. FU No. t87S101Sf'O DHlIIT - 11EM I "- ..~_._'-_._-".- Pro/Con: Evaluation not applicable. Summary Findin2s: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Surrounding properties which are developed appear to be in a well-maintained condition. 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. Summary Findin2s: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findin2: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Future Land Use Element of the Comprehensive Plan. 14. Whether the change requested is out of scale with the needs ofthe neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findin2s: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the 13 ....1 AGENDA ITEM No. /.7'.1/ , OCT 2 4 2000 Pi./f EXECUTIVE SUMMARY R-2000-02, DOUGLAS WORKMAN REQUESTING A REZONE FROM "MH" MOBILE HOME TO "RSF-5" RESIDENTIAL SINGLE-FAMILY FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF VAN BUREN AVENUE (KELLY PLAZA), IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision on a request to rezone the 1.99-acre subject property from Mobile Home, "MH" to Residential Single Family "RSF- 5" to allow construction of a conventional single-family home and guesthouse. The site's present zoning classification allows mobile homes at a density of 7.26 units per acre (14 homes). The rezone, if approved, would permit 5 units per acre (10 homes). However, the petitioner's current plans include one single-family home and a guesthouse on the entire parcel. CONSIDERATIONS: The subject site is presently developed with a mobile home. The petitioner wishes to rezone the property to RSF-5 in order to construct a single-family home and guesthouse. After construction of the principal structure (single-family home) the mobile home will serve as a guesthouse until construction of a conventional guesthouse. PROS/CONS: Pros The subject property is designated Urban (Urban Mixed-Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (with a variety of unit types) limited to a maximum of 4 dwelling units per acre (DU/A), except through the provision of Affordable Housing and Transfer of Development Rights as allowed in the Density Rating System. Review of the Density Rating System indicates that the petitioner's request for a rezone to RSF-5 does not qualify for any Density Bonuses and is eligible for a maximwn density of 4 DU/A. Therefore, 5 DU/A is determined not to be consistent with the Density Rating System. ,,,- However, review of FLUE Policy 5.1 provides property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Gro\\1h Management Plan and designated on the Future Land Use Map series as AGENDA ITEM No. /'/ A OCT 2 4 2'X8 Pg. / properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the number of dwelling units and overall intensity of the development allowed by the new zoning district, except as allowed in Policy 5.11 are not increased. Review of Section 2.2.10.4.5 of the LDC (Land Development Code) provides MH (Mobile Home) zoning allows for a maximum density of 7.26 DU/A. Therefore, this rezone request from MH to RSF-5 is a reduction from the current 7.26 DU/A allowed under the site's present zoning, and would be deemed in compliance with the FLUE pursuant to Policies 5.1, 5.9 and 5.10 thereof. Cons The newly created zoning district will be isolated since none ofthe surrounding zoning is RSF-5. However, it will not be unrelated to the adjacent and nearby districts. To the east and south the zoning is RSF and RMF with densities of 4 and 6 units per acre. To the west the zoning is MH, with an effective density of 7.26 units per acre, and C-5, the most intense commercial zoning district. Therefore, the proposed RSF-5 zoning is related to and provides transition between the adjacent zoning districts. FISCAL IMP ACT: This rezoning by and of itself will have no fiscal impact on the County. However, if this rezoning is approved, the land could be further developed. New development will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. Current "MH" Zoning District Proposed "RSF -5" Residential 1.99 acres / 7.26 du per 1 1.99 acres developed @ 5 acre = 14 du du/acre = 10 du 14 x $578.00 (parks) - 10 sf x $578.00 (parks) - $8,092.00 $5,780.00 14 x $180.52 (library) - ]0 sf x $180.52 (library) = $2.527.28 $1,805.20 14 x .15 x 600 sq It (fire)- 10 sf x .15 x 600 sq It (fire)- $1,260.00 $900.00 14 x $1,234.00 (schools) - 10 sf x $1,778 (schools) - $17,276.00 $17,780.00 14 x $526.00 (roads) - 10 sf x $1,379 (roads) - $7,364.00 $13,790.00 :.ff ITEM No. /? 2 OCT 2 4 2000 PI. .:L- 14 x .005 x 600 (radon) - 10 sf x .005 x 600 (radon) - $42.00 $30.00 14 x .005 x 600 (bldg code) 10 sf x .005 x 600 (bldg code) = $42.00 = $30.00 14 x $1.50 (microfilm) - 10 sf x $1.50 (microfilm) - $2 I. 00 $15.00 14 x 32.00 (EMS) - 10 sf x 14.00 (EMS) $448.00 $140.00 14 x 117.98 (correctional 10 sf x 117.98 (correctional facility) = 1,651. 72 facility) = 1,179.80 Total 14 du generate - Total 10 sf du generate - $38,724.00 $41,450.00 The site, should it be rezoned to RSF-5 and developed with 10 single family dwelling units, will generate approximately $2,726.00 more in impact fees than if the site were developed to the maximum with mobile homes, as presently zoned. GROWTH MANAGEMENT IMP ACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. A review of consistency relationships with elements of the GMP and a compatibility analysis is as follows: Future Land Use Element - The Future Land Use Element provides for a land use district which allows property to be rezoned to the appropriate zoning district( s) as defined in the Land Development Code, within the Urban Mixed Use land use designation which permit uses characterized as residential. In the opinion of staff, an action to rezone the property to RSF-5 for single family residential type of land uses meets the criteria for serving the community at large and is consistent with the criteria as described in the Urban Residential Land Use Subdistrict in the FLUE. Compatibilitv - Staff is of the opinion that a rezoning of the subject property to the RSF-5 zoning district is compatible with its surrounding environs. The property to the north is zoned MH, but consists primarily of a lake which creates a buffer. The property to the east and south is residential with densities of 4 and 6 dwelling units per acre and are occupied with homes. The property to the west includes existing mobile home residences (zoned MH) and commercial (C-5) zoning which is mostly storage-related businesses. The proposed density of 5 units per acre is compatible with the surrounding property since it is related to and provides transition between the adjacent zoning districts. Transportation - Access to the site is existing from Bayshore Drive via VanBuren Avenue (Kelly Plaza). Van Buren Avenue is a local road with approximately 12 feet of pavement in a 60-foot right-of-way. AGENDA ITEM No. /7 g OCT 2 4 2000 PI. '3 3 The 1TE Trip Generation Manual indicates that the difference in site generated trips from the currently approved "MH" zoning versus the proposed RSF-5 zoning is insignificant. Based on this datum, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on any County road within the project's radius of development influence (RD1). Furthermore, the project trips will not lower the level of service below the adopted LOS "D" standard for this road segment. Therefore, this project is deemed consistent with Policies 5.1 and 5.2 of the TCE. HISTORIC/ARCHAEOLOGICAL IMP ACT: Staff s analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. STAFF RECOMMENDATION: Staff recommended that the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, having the effect of rezoning certain lands from Mobile Home "MH" to Residential Single-Family "RSF-5", subject to the stipulations in the Ordinance. EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition, since it did not meet the requirements for submittal of an Environmental Impact Statement. PLANNING COMMISSION RECOMMENDATION: At the September 21, 2000 meeting of the Collier County Planning Commission, the Commission voted 5-0 to recommend approval of Petition R-2000-02 to the Board of County Commissioners with the stipulations in the Ordinance. AGENDA ITEM No. /7 g OCT 2 4 2000 PI. t./ I 4 /0 ~3. od DATE RON LD F. N , AICP CURRENT PLANNING MANAGER J b,o'-!. cW DATE ~. R6BERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR /0- )/-0::."0 DATE . /o>r{'.dj VI CENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES. Petition R.2000-02 Workman rezone AGENDA ITEM No. /7 J3 OCT 2 4 2000 PI. 0' 5 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: AUGUST 8, 2000 SUBJECT: PETITION: R-2000-02 (WORKMAN REZONE) .-- OWNER/AGENT: Owner: Douglas E. Workman 800 Sth Avenue South, Suite 203 Naples, FL 34102 REQUESTED ACTION: This petition seeks to rezone the 1.99-acre subject property from Mobile Home, "MH" to Residential Single Family "RSF-S" to allow construction of a conventional single-family home and guesthouse. The site's present zoning classification allows mobile homes at a density of 7.26 units per acre (14 homes). The rezone, if approved, would permit S units per acre (10 homes). However, the petitioner's current plans include one single-family home and a guesthouse on the entire parcel. GEOGRAPHIC LOCATION: The subject site is located at the eastern terminus of Van Buren Avenue (Kelly Plaza) east of Bayshore Drive in Section 13, Township SO South, Range 2S East.. AGENDA ITEM No. /7 B OCT 2 4 2000 PI. b I @ @ z 0 w- I! ..!:C iDo n 9 ~ <( ~ UJ to- - @ ~ en ~ i i I ~ I ~ , .. I --.. ICMlll,l,1'1Ill) 0 0 , :rr....u. / Z- z 0 ;:: 'IWWft '.1JfWI ..... ;:: I b ; !li~ ... ~ i ... , . ". - ~ . - 2 . I I S I g 2 n ~ . !l CJ !lg ~ <( ~ ~ Nll.l....n I Z . ~ . 0 - ~ .~. ~ U . . 0 ...J IS (I~ .~.::'.. ;:, l1'tC~ llHYli.j )llJl(X'l(:.: . PURPOSEIDESCRIPTION OF PROJECT: The subject site is presently developed with a mobile home. The petitioner wishes to rezone the property to RSF-S in order to construct a single-family home and guesthouse. After construction of the principal structure (single-family home) the mobile home will serve as a guesthouse until construction of a conventional guesthouse. SURROUNDING LAND USE AND ZONING: Existing: The subject 1.99 +/- acre site is currently developed with a mobile home. Surrounding: North: The property to the north is zoned Mobile Home, "MH" and consists primarily of a lake. East: The property to the east is zoned Residential Single-Family "RSF-4" and is developed. South: The property abutting the site to the south is zoned Residential Multiple-Family, "RMF-6", and is developed. West: The western property line abuts the Van Buren Avenue (Kelly Plaza) right-of-way, Mobile Home "MH" zoning and Heavy Commercial "C-S" zoning. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed-Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) limited to a maximum of 4 DU/A, except through the provision of Affordable Housing and Transfer of Development Rights as allowed in the Density Rating System. Review of the Density Rating System indicates that this project does not qualifY for any Density Bonuses and is eligible for a maximum density of 4 DU/A. Therefore, the petitioner's request for a re-zone to RSF-S is not consistent with the Density Rating System. However, review of FLUE Policy S.1 provides property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this ' Land Use Element via Policies S.9 through S.12, provided the number of dwe linQ ~;M 2 OCT 2 4 2000 &' PI. and overall intensity of the development allowed by the new zoning district, except as allowed in Policy 5.11 are not increased. Review of Section 2.2.10.4.5 of the LDC (Land Development Code) provides MH (Mobile Home) zoning allows for a maximum density of 7.26 DU/A. Therefcre, this rezone request from MH to RSF-5 is a reduction from the current 7.26 DU/A allowed under the site's present zoning, and would be deemed consistent with the FLUE pursuant to Policies 5.1, 5.9 and 5.10 thereof. Policy 5.4 provides that all new development be compatible with the surrounding land uses. HISTORIC/ARCHAEOLOGICAL IMP ACT: Staffs analysis indicates that the petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. 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 historic 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. EVALUATION FOR INFRASTRUCTURE, TRANSPORTATION AND ENVIRONMENTAL REVIEW: The proposed petition's impact on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: Appropriate evaluation of petitions for rezonings should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the County's Future Land Use Element, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. AGENDA ITEM No. /7A OCT 2 4 2000 PI. q 3 The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It mayor may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.S. of the Land Development Code thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified by the Board of County Commissioners. Notwithstanding the above, staff, in reviewing the determinants for adequate findings to support a rezoning action, advises as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The Future Land Use Element provides for a land use district which allows property to be rezoned to the appropriate zoning district(s) as defined in the Land Development Code, within the Urban Mixed-Use District, Urban Coastal Fringe Subdistrict land use designation which permits residential uses. In the opinion of staff, an action to rezone the property to RSF -S meets the criteria for serving the community at large and is consistent with the criteria as described in the Urban Coastal Fringe Subdistrict in the FLUE. It is not sufficient that a petition only need to show consistency with the GMP in order to justify a rezoning action. Other factors are equally important and include the following: Compatibility - Staff is of the opinion that a rezoning of the subject property to the RSF-S zoning district is compatible with its surrounding environs. The property to the north is zoned MH, but consists primarily of a lake which creates a buffer. The property to the east and south is residential with densities of 4 and 6 dwelling units per acre and are occupied with homes. The property to the west includes existing mobile home residences (zoned MH) and commercial (C-S) zoning which is mostly storage-related businesses. The proposed density of S units per acre is compatible with the surrounding property since it is related to and provides transition between the adjacent zoning districts. Access to the site is existing from Bayshore Drive via Van Buren Avenue (Kelly Plaza). Van Buren Avenue is a local road with approximately 12 feet of pavement in a 60-foot right-ot:way. Timing - There are no issues of timing. The site currently serves a residential function. AGENDA ITEM No. /P',8 OCT 2 4 2000 PI. /~ 4 Traffic - The ITE Trip Generation Manual indicates that the difference in site generated trips from the currently approved "MH" zoning versus the proposed RSF-S zoning is insignificant. Based on this data, the site-generated traffic will not exceed the significance test standard (S percent of the LOS "C" design volume) on any County road within the project's radius of development influence (RDI). Furthermore, the project trips will not lower the level of service below the adopted LOS "D" standard for this road segment. Therefore, this project is deemed consistent with Policies S.1 and S.2 of the TCE. STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, having the effect of rezoning certain lands from Mobile Home "MH" to Residential Single-Family "RSF-S", with the following stipulations: I. If, during the course of site clearing, excavation or other construction activity, an historic 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 shall be contacted as required by Section 2.2.2S.8.1 of the Land Development Code. 2. The house address number shall be determined by the Planning Services Director. AGENDA ITEM No. /?./3 . OCT 2 4 2000 PI. II S " .... I PREPARED BY: ~'-~~ FRE SCHL, AICP SEN PLANNER /.;13.00 DATE <{;, ~ \, cJV DATE R NALD F. NIN , AICP CURRENT PLANNING MANAGER ~ RdBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR ~/31'C.o.J DATE APP~Y' /-a- ~ 7-6'~cYd VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: R-2000-02 Staff Report for September 21,2000 CCPC Meeting COLU} ,1JINING COMMISSION: RUSSELL A. BUDD, CHAIRMAN 6 AGENDA ITEM No. // B OCT 2 4 2000 PI. 1:2.- REZONE FINDINGS PETITION R-OO-02 Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Findings: The subject property is designated Urban (Urban Mixed-Use District, Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) limited to a maximum of 4 DU/A, except through the provision of Affordable Housing and Transfer of Development Rights as allowed in the Density Rating System. Review of the Density Rating System deems the petitioner's request for a re-zone to RSF-5 does not qualify for any Density Bonuses and is eligible for a maximum density of 4 DU/A. Therefore, 5 DUlA is determined not to be consistent with the Future Land Use Element. However, review of FLUE Policy 5.1 provides property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the number of dwelling units and overall intensity of the development allowed by the new zoning district, except as allowed in Policy 5.11 are not increased. Review of Section 2.2.10.4.5 of the LDC (Land Development Code) provides MH (Mobile Home) zoning allows for a maximum density of 7.26 DU/A. Therefore, this rezone request from MH to RSF-5 is a reduction from the current 7.26 DUlA allowed under the site's present zoning, and would be deemed in compliance with the FLUE pursuant to Policies 5.1. 5.9 and 5.10 thereof Policy 5.4 provides that all new development be compatible with the surrounding land uses. AGENDA I~ No. /7 fL OCT 2 4 2000 -1- PI. j(] -.. ~'t - 2. The existing land use pattern. Pro/Con: Evaluation not applicable. Findings: The existing land use pattern in the vicinity of the subject parcel is diverse. The parcel to the north is zoned Mobile Home, but consists primarily of a lake. To the east, the property is RSF-4 (Residential Single-Family) and the terminus of the Guilford Road right-of-way. The property to the south is zoned RMF-6 (Residential Multip1e- Family) with homes that are accessed off Lunar Street. The subject lot has access from Bayshore Drive via Van Buren Avenue (Kelly Plaza) to the west. Property along the north side of Van Buren in this area are zoned C-S (Heavy Commercial) and along the south side are zoned MH (Mobile Home). 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Findings: The newly created zoning district will be isolated since none of the surrounding zoning is RSF-S. However, it will not be unrelated to the adjacent and nearby districts. To the east and south the zoning is RSF and RMF with densities of 4 and 6 units per acre. To the west the zoning is MH, with an effective density of 7.26 units per acre, and C-S, the most intense commercial zoning district. Therefore, the proposed RSF -S zoning is related to and provides transition between the adjacent zoning districts. 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, since they include all of the petitioner's property. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Findings: The petitioner wishes to construct a conventional single-family house on the 1.9-acre parcel that is now zoned MH. The existing mobile home will remain as a legal non-conforming structure. When the new single-family home is built, the mobile ho will serve as a guesthouse, until a conventional single-family guesthouse replaces it. AGENDA IT'E No. /7 i: OCT 2 4 20L Pl.!'1 -2- 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. The proposed zoning change will create a district that is less dense/intense as the properties to the west and a transition between the residential properties to the east. Con: The commercial and mobile home zoning along Van Buren Avenue, the entrance to the subject property, should not be affected by the proposed rezone. Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been designed to ensure the least amount of adverse impact on adjacent and nearby developments. 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: Under its current zoning, the property could support 14 mobile homes. The proposed rezone could support 10 single-family homes. Therefore the traffic impacts would be less than the impacts with the current zoning. At this time, the petitioner proposes only one single-family house and a guesthouse, further reducing the traffic impacts. Con: If the property is developed to its maximum density, the proposed rezoning will still result in less traffic on VanBuren A venue than is currently approved. Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. This project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (in this case, a cul-de-sac on Van Buren Avenue.). In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem. Pro: The rezoning, as proposed, will result in a single-family house and guest house. They will be reviewed, at the time of building permit application, for stormwater management requirements. AGENDA ITEM No. /7/J OCT 2 4 2000 PI. J5 -3- Con: If the property is developed to its maximum density, it will result in more impervious area than is proposed. However, under current zoning, the property could be developed to an even greater density, resulting in more impervious 'lrea. Findines: 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 as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro/Con: Evaluation not applicable. Findines: 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: Urban intensification typically increases the value of adjacent or underutilized land. In this case, the rezoning from MH to RSF-S may increase surrounding property values. Con: The property value, and therefore the ad valorem taxes of surrounding properties may Increase. Findines: This is a subjective determination based on anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by many factors including zoning, however zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given 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. Findines: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the Site Development Plan approval process and/or subdivision regulations, gi AGEHIM . No. /7Lf OCT 2 4 20aO PI. /6 -4- - ---- 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. Findin2s: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this compliance, 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/Con: Evaluation not applicable. Findin2s: The property could be developed with mobile homes at a density of 7.26 dwelling units per acre. However, the petitioner believes that the location and aesthetics of the property lends itself more to a single family home. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Findin2s: The proposed development complies with the Growth Management Plan, 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. Pro/Con: Evaluation not applicable. Findin2s: There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. AGENDA I~ No. /7..{f OCT 2 4 2000 PI. /1 -5- ,...,.. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Findin2s: The degree of alteration of the property is minimal for the single-family house and guesthouse proposed. There will be additional alteration required if the property owner decides to subdivide the property in conformance with RSF-S regulations. However, in that case, the Planning Services Department will review a Preliminary Subdivision Plat and the Board of County Commissioners will review the final plat. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the CoIlier County Growth Management Plan and as defined and implemented through the CoIlier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Findin2s: This petition was reviewed by a multi-disciplined team responsible for various elements of the Growth Management Plan in order to insure consistency. Since the maximum density of the current use is more than that of the proposed rezone, public facilities should be adequate for the proposed rezone. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. g/admin/R-OO-02/FR/im AGENDA ITEM No. /;7..8 OCT 2 4 2000 PI. If I -6- APPLlCA TION FOR PUBLIC HEARING FOR: ST1~f) REZONE I', , ~\, I i. t::: Date Petition Received' U LiT. 11 ()(I_(j:~ PetitIon No Commission District cf Planner Assigned 112 ~;;' -;47. SC/-k.j ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s).Uouglas E. Workman Applicant's Mailing Address _800 Fifth Avenue South, Suite 203 City _Naples State FL Zip _34102 Applicant's Telephone # _262.8992 xl13 Fax # 262.4964 Name of Agent _(Same) Firm Agent's Mailing Address City State Zip Agent's Telephone # Fax # COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34]04 PHONE (941) 403.2400/FAX (941) 643-6968 AGENDA ITEM No./7A> OCT 2 4 2000 PI. /9 .\1'1'1.1< .\TlO;\ FOH 1'1'BLH' I1EAH.l;\"(; FOJ{ :-iT.\\I>.\RD IU:ZO!\'E - Il/!'JH PAGE I OF I. ,- Ctlmp1ctc the j()llowing for all Asstlciation(s) atliliatcd with this pctition (Provide additional shcet s ] f necessary) Name of Homeowner Association N/A Mailing Address __~ City State _ Zip Name of Homeowner Association Mailing Address City State _ Zip Name of Homeowner Association Mailing Address City State _ Zip Nanl(' of Mastcr Association N/A rvlaillllg Address City State _ Zip Name of Civic Association N/A Mailing Address City State _ Zip DiscloSlll'l' of Interest Information: a If the propel1y is owned fee simple by an INDIVIDUAL, tenancy by the entirety. tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such intcrest (Use additional sheets if necessary) Name and Address _Douglas Workman 3226 Van Buren Ave Percentage of O\vncrship - h If the property is owned by a CORPORATION, and the percenlage of stock owned by each AGENDA n'EM list the officers and sto kho~n/.7' ~ PAGF ~ or .:; OCT 2 4 2000 PI. ,.2() llTLJ< .\ rlO," tOR I'I'BJ,lC 1lE.\H.I1\'(; "OJ{ STA!\!)AIUlH.EZONE - ION'" Nalllc and Address. and Office Perccttlagc of Stock c If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Nall\e and Address Percentage of Interest d If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Nilll1C and Address Percentage of Ownership e if there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the ofIicers, stockholders, beneficiaries, or partners Nallle and Address Percentage of Ownership Date of Contract r I r any contingency clause or contract terms involve additional individuals or otliccrs. if a corporation, partnership, or trust parti s, Ii ITEM No. /7,(j OCT 2 4 2000 Pg. cJ I l!.11.J( .\TH>:\ Hm 1'1 'HLI<' IIF:\l{I\(; FOI{ ST.U~'D,\RJ) IHJ,Oi\"F - ION'" PAGE' 0 N;lIl1C ;1l1d Address - g Date subject property, acquired xD leased 0 . vrs/mos. 6/25/97 Term oflease Ie Petitioner has option to buy, indicate date of option terminates , or anticipated closing date and date option iJ Slllluld any changes of ownership or changes in contracts for purchase occur subsequent to the date of application. but prior to the date of the linal public hearIng, it is the responsibility of the applicant. or agent on his behalf, to submit a supplemental disclosure of interest form ., Detailed lel!al descrilltion of the IlrOllertv covered bv the alllllication: (If space is inadequate, attach on separate page) If request involves change to more than one zoning district. include separate legal description for property involved in each district Applicant shal] submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting NOTE: The applicant is responsible for supplying the correct legal description If questions arise concerning the legal description, an engineer's certilication or sealed survey may be required Section 13 Township 50 S . Range 25 E Lot Block' Subdivision Plat Book___ Page II 1DII Property Metes &. Bounds Description Beginning at the N\\' corner of Lot I, Crews Snbdivision ,'un N 00d02'50" E 260,00 feet, thence S 89d53'00" E 333,52 feet, thence S 00d02'50"E 260 feet, thence S 89d53'00" W 333.89 feet to the point of beginning 4. Sizeofllrollertv: 260_tiX_333___ft =TotalSq Ft. 86,715 Acres I. 99 --;; Addn'ss/1,!{'nerallocation of slIhiect Dronertv: __3226 Van Buren Avenue AGENDA ITEM .... /~,8 OCT 2 4 2000 PI. /J).. " Adiacent zoninl! and land use ~\I'I'LJ(\T10"'\ FOH. 1'1 :B1J(' 1I1<:"I{I\"(; FOI{ ST..\J\JHIH) In;/,O:\"E - lU/9H f'AGF ~ Zoning N I\1H S RI\1F-6 [ I{SF-4 W RI\1 F-6 C-5 Land use Lake Canal/Single Familv _Mobile Homes / Warehousing Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page) NO Section ____ Township Range Lot Block Subdivision Plat Book~ Page II ___ Property 10# Metes & Bounds Description 7. Rezone I{equest: This application is requesting zoning district (s) to the RSF-5 a rezone horn the MH zoning district(s) Present Use of the Property: _Single improved mobile home residence Proposed Use (or range of uses) of the property_Conventional site-built single family with the existing mobile home residence to be treated as a legal non-conforming use - guest residence. 8. Evaluation Criteria: Pursuant to Section 2725. of the Collier County Land Development Code, stairs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon considcration of the applicable criteria noted below Provide a narrative statement describing the rezone request with specific reference to the criteria noted below Include anv backup materials and documentation in support of the request AGEND.7.~ No. / .IJ OCT 2 4 2000 ,~I'I'LI<\II():\ 1'01{ 1'1111.1( IIFAH.L\'C ''OJ( ~T.\'\'n.\H.12~~O:\F - IlJi9N I'AC;E 'OF I., PI. ~ SljJIIJ(lnU{e;:olle ('O/l.'i'<Jl!rtIL/()II.\fJJ )~)'ecl/()1I 2. 7. LU I. W/J"I/Ja Ihe 1!/'()I)(),leJ challge 11'111 he COlIsl.l/ell/ll'llh Ihe goals, ohleclll'e.\. allJ I'O/ICI"S allJllllllre /allJ 1I.le II/ap alU; Ihe "/elllelll.1 oflhe growlh II/wmgell/elllp/a/l. Residential single family at this location is consistent with the goals, objectives and policies of the growth management plan. , IlIe L'X/s/lIIg /allJ IIse pallerll. The existing land nse patle/'l1 in this area is primarily single family homes nit' l,o.lslhle crea/1011 ofalll.\OlaleJ JlslriclllllrelaleJ 10 aJlacell1 allJ lIearhl' illS/odS. Th(' pmposcd RSF-:; zoning is consistent with surrounding zoning districts -I. Whelher ex/sllIIg JlSlnct hOlllldanes are 1IIoglCal/1' JrawIIIII rdaluJI/ 10 eXlsllIIg cOIIJlllOlIs olllhe property/or Ihe proposeJ ehallge. Thl' cxisting M H zoning does not appear to be illogically drawn for this property as there is an existing mobile home on the property and there is nearby MH zoning (Enchanting Acres Mobile Home Park). The pur'pose of this rcqnest is to allow the constrnction of site-hnilt single family. 5. WIII'lher challged or challglllg ClJl/JII/()lIs lIIake Ihe 1)(ls.\'(/ge oflhe proposeJ alll('IIJlI/elll (rczolle) lIecessaly. The eeL.D.c. currently does not allow site-built single family dwellings within the MH district unless ancillary to a bona-fide mobile home park. It is our understanding Planning staff is working to amend the ec.L.D.c. to permit site-built single family in the MH district in the near future. Timing considerations prompted this petition as the owner would like to bnild the residence as soon as possible, (, Wh,'lher Ihe proposeJ challge will aJverse/1' IIIflllellce I/I'I/Ig ClJl/JillO/ls IIIlhe IIL'lghhorhooJ ^ppmval of this petition will enhance the living conditions in the neighborhood as most wonld prefer new. single family homes over mobile homes. 7 Whelher Ihe proposeJ challge 11'11/ creale or exce.\.\'I\'dy I/lcrease Iraffie cOlIgcsl/()1I or creale '.l1'es oflraffic deellleJ IIICO/JII)(llIhle 1I'IIh sllrrollllJlIIg lallJ IIses. hecallse of I)eak I'OIII/JICS or I'm;ec/eJ 'JI)e.1 ofwlllclllar lraffic. IIIc/lIJlIIg ae/ll'll" Jllrlllg (,()IISlrlfcl/OIl pha\'L's {~llhL' del'c/ofJ/ne/ll, or olherll'l....'t.! (~tl('cf p"hllc .\'(~/e(\'. :'>io advcrse impacts to tJ'l\ffic congestion arc anticipated through the approval of pl'lition. h is AGENDA ITEM No. /:7.,8 . 1 OCT 2 4 2000 \1'1'(,1( '.\TlO\' H)j{ 1'1 "BL!( . IIF.\UI\C I'OI{ ST;\i'\D.-'\.IH) Ui':ZOJ,'E - 1H/9H PAGE () 0 I' PI. ra 'f 8 Wllt'/hL'/' IlIe prolJU\ed cllollge 11'11/ ,reole a dr","oge proh/e177 No drainage problems will be created by the proposed change. \1 Wile/ilL'/' Ihe prol}().\ed cllallge will SCrllIlI,I'(Y redllce IlgIII and "'1'10 adlacenl areas. No rNluctiou iu light or air to adj:lceut areas is auticipated through the approval of this )wtition, 10. WllelllL'/' Ihe pro!,o.led cllonge 11'11/ sef'/(lIIs/y affixl properly va/lies IIIlhe adlacen! ureu. No decrease in property values is anticipated. I/. WllelhL'/' Ihe proposed cllange will he a delerrellllo Ihe /177prow177en! or deve!op177elll o/ud/ocelll properl)' III accordallce w/lh eXlslmg reglllallOlIs. No adverse impacts to adjacent properties is anticipated, 12, W/l('lher Ihe proposed clwlliie \1'111 conslllllle a gran! oj.I!JeCla/ pnvllege 10 all /IIdlt'ldlla/ oWller as Cll!llrasled willi Ihe pllh/lc It.e/j(lre. The public welfare will not be compromised through the approval of this request. 13. Wile Iller Ihere are slIhslallllal reasolls wll)' Ihe properly call1lol he IIsed ill accordallce H'flh exi.\'tillx zoning The l'xistin!', zoning does not permit site-huilt single family unless the structure is ancillary 10 a hona-fide mobile homes park. The owner would like to bnild his personal residence on this property without having to construct a mobile home park. f.I Whelller Ihe challge sllggesled IS 0111 ofsm!e II'/Ih Ihe lIeeds ofllle Ilelghhorllood or Ihe COUll!)", The change will actually benelit the County and the neighborhood and is not out of scale. 15, Whelller 111.1' 11771)(I,I,I'lhle lo/illd olher adelfllale slles mlhe cOllllly.!i)r Ihe !'roposed I/S(' III dis/riels a/rew!v permilllllg such use. Thl' petitionl'r has owned the suhject property for approximately :lIId tmly eu.joys the I't'ival'Y aud peacefulness of the cxistiug lakl' and hahitat utilizing the lake. Other RSF' I'ropcrty certainly is available hut we feellhe County and the neighborhood would benefit hy approving this request and converting mobile home zoning to residential single family, /6, I lie l)hY,I/Cal c/wraclerlsl/c,\ oflhe /.>/'oper/y alld IlIe degree ofs/le aherallOlI Il'!uch 1t(1II1t! he relflllretllo make Ihe I'ro/.'erly lI,mb/c/or alI,V oflhe rallge olpo/ell alllslIGENo.,6ITEM /II/del' the proposed ZO/lIlIK CI(/s.\'~f/(:all(}1l. No. /78 \1~f.lJ(' \110'\ H)I~ 1'1 'Hue' IIF.\HI\C FOR :-;T\'\IHHD ]nJO~'F - JOi')!.'! OCT 2 4 2000 I',v,[ 7 OF ' PI. ~ No illlpacts to the existing lake are proposed, Minimal clearing is required for the {'onstruction of the single family home site and driveway. 10 illc /l1I/,acl ofJel'e//lp/lle/1I OI/Ihe al'w/ahtl/ly ofaJeql/ale /!/Ihltefactl/lle.1 allJ .le/T/n'S cOI/.\/sle/III1'lIh Ihe /l'l'e/s (I(se/'\'/ec aJoplcd IIIlhe ('o/her ('011/1/1 ):IDwlh /II{/I/II):C/llelll I'/WI {/I/d as dcfl/led (//Id 1I111'/emellled IhIDI/):h Ihe ('ol/It,/, ('0/111/1.' Adt'fjl/ale I'I/hllt.' r"ed/IIt's ()/,dlllallce I( 'ode eli. lOr" arl. II f, as amellded Adequate public facilities are alrcady in place for the proposed residence, 18. SI/eh olherfclclo/'S, slaIlJard,', or crtleria Ihallhe hoarJ ofcol/llly commil',I'(Oller,\ shall Jeel1llmporlalllllllhe prolecllOlI oflhe pl/h//c hea/lh. safely, allJ we/fare. AliI hcse conc,'rns will be satisfactory through the approval of this request. l) 1)"",1 I{,'strictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions You may wish to contact the ciVIC or property owners association in the area for which this use is being requested in order to ascertain whether or not the rcquest is affected by existing deed restrictions 1'\IA. I () Previons land nse petitions on the snbiect property: To your knowledge, has a public hearing been held on this property within the last year') If so, what was the nature of that hearing' _NO I I Additional Snbmittal relluirements: In addition to this completed application, the lollowing shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during thc pre-application meeting a. A copy of the pre-application meeting notes, (Informal meeting held with Ron Nino, Current Planning Director - no meeting notes provided) b. If this rezone is bcing requested for a specific use, provide fifteen (15) copies ofa 24" x 36" conceptual site plan [and one reduced 8]/," x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of stafr evaluation for distribution to the l30ard and various advisory boards such as the Environmental Advisory Board (EAB). or (,CPC); . all eXIsting and proposed structures and the dimensions thereof: provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], rcqlllred yards, open space and preserve areas, AGENDA I~ No. /7b' OCT 2 4 2000 I) Pi. ..t' . . ~ . _\1'1'1.1< "rlO" FOI{ 1'11111.1<' 11E..\H.lj'I,'{; ,,"OJ{ ~T,\'\IMH.J) IU:/.(lr\F" IOI'JH PAGE X 0 . proposed locations for utilities (as well as location of existing utility services to thc site). . proposed andlor existing landscaping and butfering as may be required by the County. c. An architectural rendering of any proposed structures d. An Environmental Impact Statement (ElS), as required by Section 3 8 of the Land Development Code (LDC) , or a request for waiver if appropriate ,~ Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identilication shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System Additionally. a calculation of the acreage (or square feet) of native vegetation on site. by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3 9 5.54.) f. Statement of utility provisions (with all required attachments and sketches). S. A Tratlic Impact Statement (TIS), unless waived at the pre-application meeting, h. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identitied at pre- application meeting), 1. Any additional requirements as may be applicable to specific conditional uses and idenl ified during the pre-application meeting, including but not limited to any required state or federal permits AGENDA ITEM No. /7>8 OCT 2 4 20~1 PI. ,J? _\ 1'1'1.1(\"1\0'\- H )1,: "IBIU' IIF.\IUJ\(; H H{ .....T.\:'\'I>.\Hn I{F/.O:\F - !OIO))ol PACE ') (Jr I' -~ STA TEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1, NAME OF APPLICANT: _Douglas E. Workman 2. MAILING ADDRESS: _800 Fifth Avenue South, Suite 203 CITY _Naples STATE FL ZIP 34102 3. ADDRESS OF SUBJECT PROPERTY (IF A V AILABLE): _3226 Van Buren Avenue 4, LEGAL DESCRIPTION: Section: _13_ Township: _50 S_ Range: _25 E Lot: Block: Subdivision: Page #: Property I.D,#: Plat Book Metes & Bounds Description: _Beginning at the NW corner of Lot 1, Crews Subdivision ,'un N 00d02'50" E 260.00 feet, thence S 89d53'00" E 333.52 feet, thence S 00d02'SO"E 260 feet, thence S 89dS3'OO" W 333,89 feet to the point of beginning 5. TYPE OF SEW AGE DlSPOSAL TO BE PROVIDED (Check applicable system): a, COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM OX c. FRANCHISED UTILITY SYSn:M 0 I>ROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) o Ox o D AGENDA ITEM No. /1' /? OCT 2 4 200~ PI. ~f I ..\1'1'1,1( '.\TIO'\; nHt 1'11111.1<' IIEAIH.'\'{; HW. sT,\i'\J)AI{I) In:ZO,'\'E 11lI9H PAGE 110F 7. TOTAL POPULATION TO BE SERVE!}: 5 8. "EAK AND AVERAGE DAILY !}EMAN!}S: A. WATER-I'EAK 1.1 GPM AVERAGE DAILY 625 GPD B. SEWER-PEAK 0.9 GPM A VERAGE DAILY 500 GPD - -- - 9, IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: NIA Ill. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified bv a professional engineer II. COLLIER COUNTY UTILITY DEDICATION STATEMENT If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be proVided agreeing to dedicate to Collier County Utilities the watcr distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. llilil.\' I'r"u\isiun Shlh'lIwnf lUM 10117/97 AGENDA ITEM No. /7 x9 OCT 2 4 2000 i J \ I'l'l ,Ie ,\T10'\ HH< P'"BU( 'IIF.\H.I\(; HI\{ ....'l'.\'\IHIW HE/,Or'\F - 1Uf')~ PAGE I~ ( F 15Pl. b17 ,.."" STANDARD REZONE APPLICA nON SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED I. (:ompleted Application 15 -- /' 2. Copy of Deed(s) and list identifying Owner(s) and all 1 I'artners if a Corporation .....- 3. Completed Owner/Agent Affidavit, Notarized 1 v- 4. Pre-application notes/minutes 15 /---- S. Conceptual Site Plans 15 ~ 6, Environmental Impact Statement - (EIS) 4 v- 17, Aeriall'hotograph - (with habitat areas identified) 4 V S. Completed Utility Provisions Statement (with required 4 allachments and sketches) 1___ ? Traffic Impact Statement - (TIS) 4 V- 10. lIistorical.1:: Archaeological Surveyor Waiver 4 Armlication I-- II. Copies of State audlor Federal Permits 4 1.--- 12, Architectural Reudering of Proposed Structure(s) 4 J~. I r3. Application Fee, Check shall be made payable to - I (:ollier Countv Board of Commissioners ~ 14. OthCl' Requirements- , As the authorized ageJIt/apphcant for this petition, J attest that all of the information indicated on this checklist is IlIcluded ill this submIttal package. I understand that failure to include all necessary submiltal inform<JIion may result III lhe dcl:ly of proCCSSlng thiS petitIOn /\gent/Applicant Signature Dale AGEM:>~ I~ NO. /7 'G!- OCT 2 4 2000 PI. <3() ,~I'I'I ,If ",HIO\" HH~ 1'1 :B1.f(' IIFAHI1'I'(; Fe 1)< ST..\:'\D.\H.D IHJ.ONE - 11J/9l'< PAGE 15 OF 15 ORDINANCE NO. 2000. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORlDA, BY A,'\1ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0513N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT THE EASTE~~ TERMINUS OF V AN BUREN AVENUE (KELLY PLAZA). IN SECTION 13. TOWNSHIP 50 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORlDA. FROM "MH" ~lOBILE HOME TO "RSF.5" RESIDENTIAL SINGLE- FA.\1IL Y; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. \\'HEREAS, Douglas E. \Varkman, requesting a rezone, petitioned the Board of Count)" Commissioners to change the zoning classification of the herein described real property; NOW. THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COM"IlSSIONERS OF COLLIER COUNTY, FLORlDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "An. attached hereto and incorporated by reference herein, and located in Section 13, TO\Vl1ship 50 South, Range 25 East. Collier Coumy, Florida, is changed from "MH" Mobile Home to "RSF-S" Residential Single-Family and the Official Zoning Atlas Map Number 0513N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby appro".ed subject to the following conditions: I. If, during the course of site clearing, excavation or other construction activity, an histone 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 shall be contacted as reqUIred by Section 2.2.25.8.1 of the Land Development Code. 2. The house address number shall be detennined by the Planning Services Director AGENDA ITEM No. /78 - OCT 2 4 200S PI. (? / SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA BY: TIMOTHY J. CONSTANTINE, CHAIR,\1AN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FOR,\1 AND LEGAL SUFFICIENCY :1 .:"'1L'...L-'"-- )."'.~1"jl.lr./<,t MarjoRe M. Student Assistant County Attorney GadminiR-OO-02/FRiim .:/~ OCT 2 4 2000 Pi. <..JaL Beginning at tha Northwaat corner of Lot I, Crewa Subdlvlalon according to plat In Plat Book t, Page 48, Public Records of Collier County, Florida, run North (N 0 02'05"E) 260 feet, t~enc' East (S89 23'OO"E) 333.52 feet, thence South (5 0 02'50"E) 260 fe,t, thenca Waat (5 89 53'OO"W) 333.89 feet to point of beginning, all being In Section 13, Township 50 South, Range 25 East, Collier County, Florida. Togethar with a 1988 Mobile Ho.a, 10' FLFLH70A14637SE. EXHIBIT "A" :/7Ji OCT 2 4 200~ Pi. <33 ,- EXECUTIVE SUMMARY PETITION R-00-5, MR. D. WAYNE ARNOLD OF Q. GRADY MINOR & ASSOCIATES, REPRESENTING JERRY F. NICHOLES, REQUESTING A REZONE FROM "RMF-6" AND "I" TO "C-4" FOR PROPERTY LOCATED AT 1417 AND 1425 CREECH ROAD IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application to rezone 1.16 acres from "I" Industrial and "RMF-6" to "C-4" General Commercial permitting a 12,000 square foot retail facility. CONSIDERATIONS: - The subject property is currently zoned "I" Industrial and "RMF-6" Residential Multi-family and contains an existing 8,000 square foot light manufacturing facility and duplex residence on that portion of the site zoned RMF-6. The petitioner is now proposing to rezone the subject property to "C-4" General Commercial to allow a future 12,000 square foot retail facility. The projected build-out for the proposed commercial facility is for early 2001. In addition, the access point for the proposed commercial use is to be from the existing single access point off of Creech Road serving the industrial building. A full median opening currently exists on Goodlette-Frank Road along with left and right turn lanes. The site is also located within the Urban Mixed-Use area as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This designation allows for residential and certain non-residential uses including community facilities and commercial uses, The Office and In-fill Commercial Sub-district is intended to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban Mixed Use District. These parcels must be located along arterial and collector designated roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. The Office and In-fill Commercial criteria must be met for any project utilizing this sub-district. The proposed rezone petition comDlies with the following criteria. 1. The site abuts a collector or an arterial road. 2. The site is less than twelve acres in size. 3. The site abuts commercial zoning on one side and non-residential (industrial) on the other side. 4. The parcel was not created to take advantage of the Office and In-fill Commercial provisions. 5. Central public water and sewer serve the project. 6. The project will be compatible with existing and permitted future land uses on surrounding properties. ~--- AGeIlA ITEM No. /'/ C OCT 2 4 2000 1 PI I The proposed rezone petition complies with the following criteria if the Board of County Commissioners makes the following interpretations. 1. The depth of the proposed site does not exceed the depth of the abutting commercial parcels. The proposed site exceeds the depth of the commercial "C2" zoned properties to the south within the City of Naples and slightly exceeds the depth of the industrial zoned properties to the north. However, if the Board of County Commissioners agrees with staffs interpretation that the site complies with the average depth of the Industrial lots, then this petition meets the intent of this criterion. 2. The project uses are limited to office or low intensity commercial, except for land abutting commercial zoning on both sides; the project uses may include those uses of the hit!hest intensity abutting commercial zoning district. The site only abuts C2 Commercial on one side and "I" Industrial on the other side. If the Board of County Commissioners agrees with staffs interpretation that industrial on one side and commercial on the other side complies with the requirement for commercial on two sides, then the proposed rezone to C-4 is consistent with this criterion. Furthermore, the highest intensity abutting the subject site is the Industrial District. In this case, uses in the C-5 Zoning District could be included in this petition. Therefore, the proposed rezone to the C-4 "General Commercial District" is consistent with this criterion. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed "C-4" District is consistent with the Office and In-fill Commercial criteria contained in the FLUE of the Collier County GMP subject to the BCC making the above referenced findings. Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (nS) and has the following comment. The proposed rezone to the "C-4" Zoning District will result in an additional 205 Weekday trips over the amount that is generated by the currently built industrial and residential uses. As a result, the proposed amendment will not generate traffic that exceeds the significance test standard (5 percent of the LOS "c" design volume) on Goodlette-Frank Road (C.R. 851) or on Creech Road when completed. The Transportation Element lists Goodlette-Frank Road as a 4-1ane arterial road fronting the project. The current traffic count for this segment is 31,599 ADT and is operating at LOS "B". It should be noted that this segment is not projected to be deficient at the build-out of the project. Therefore, this petition is consistent with Policy 1.3 of the Transportation Element. As noted in the Staff Report the project is deemed to be compatible with the commercial properties to the south and the Industrial properties to the north. Conversely, the site abuts a residential condominium development to the west, which will be screened by a landscape buffer. As a result, the proposed petition should not significantly impact the existing residential land uses to the west and southwest. Therefore, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "C-4" District are consistent with other commercial facilities in the area. It should be noted that one person spoke during the Planning Commission public hearing. She stated that she was not opposed to the petition, but did express concerns about the project's access, landscaping and land uses. AGEI<<lA ntM No. /7 C 2 OCT 2 4 2000 PI. tl.. To alleviate these concerns, the petitioner stated that the primary access would be from the existing driveway developed for the industrial facility. In addition, the required landscape buffer will improve the landscape buffer for the residential properties to the west. Furthermore, due to the small size of the site and the parking requirements, the proposed commercial and office uses should not adversely impact the adjacent residential neighborhoods. FISCAL IMPACT: This rezone petition by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the vacant existing land will be further developed for retail uses.. The mere fact that new development has been approved will result in future fiscal impact on 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 in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: Park Impact Fee: Libraries Impact Fee: Fire Impact Fee: Road Impact Fee: Correctional Facility: Radon Impact Fee: B.C.A.I. Impact Fee: EMS Impact Fee: $578.00 $180.52 $0.15 per square foot under roof $1,755.00 per 1,000 square feet $1.0920 per square foot $0.005 per square foot under roof $0.005 per square foot under roof $132.00 per 1,000 square feet The total amount of impact fees for the commercial is $38,375.52. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad va10rum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad va10rum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. 3 AGENDA ITEM No. /7 C. OCT 2 4 2000 PI. ,1 ~_.~."....~...,."..,~.,-.. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban (Urban - Mixed use District, Urban) designated area which provides for residential development along with certain non-residential uses that includes community facilities. Commercial uses are permitted when consistent with the Office and In-fill Commercial criteria as provided in the Growth Management Plan Since the proposed rezone to "C-4" is consistent with this criteria as noted in the staff report, this petition is consistent with the Growth Management Plan. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff recommends approval of Petition R-OO-S subject to the condition of approval that has been incorporated into the Ordinance. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Due to the small size of the site that has been previously developed, no Environmental Impact Statement (EIS) is required. As a result, no Environmental Advisory Council (EAC) meeting was required for this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on September 21, 2000. They unanimously recommend by a S to 0 vote to forward this petition to th~ Board of County Commissioners with a recommendation of approval subject to staff stipulations. Since staff has not received any correspondence in opposition to this petition, this petition has been placed on the Summary Agenda. AGfNI) ITEM No./?C- OCT 2 4 2000 PI. 1/ 4 PREPARED BY: ~_AjL RAY ELLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION RE \ \ RONALD 0, AICP, MANAGER CURRENT PLANNING SECTION ROB~, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: /' :1/ // /'/7-// ~ - ~ VIN<!:ENT )... CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. R-99-8/EX SUMMARYIRVB/rb 5 '128'00 DATE 1(--)'0':5, oV DATE /II . 7-40 DATE /dr("-O() DATE AGENDA ITEM No. /J' C OCT 2 4 2000 PI. ,,5 (i) MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: SEPTEMBER 5, 2000 RE: PETITION NO: R-OO-5, MONTGOMERY KONE PROPERTY AGENT/APPLICANT: Agent: Mr. D. Wayne Arnold Q. Grady Minor and Associates 3800 Via Del Rey Bonita Springs, Florida 34134 Owner: Montgomery Kone, Inc. I Kone Court Moline, IL 61265-1374 Contract Purchaser: Mr. Jerry F. Nichols 801 Anchor Road Drive, #302 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject property is located on the North side of Creech Road and on the West Side of GOodlette-Frank Road (C.R. 851) in Section 22, Township 49 South, Range 25 East. (See location map following page). REOUESTED ACTION: To have the Board of County Commissioners render a decision regarding an application to rezone 1.16 acres from "I" Industrial and "RMF-6" Residential Multi-family to "C-4" General Commercial permitting a 12,000 square foot retail facility. PURPOSElDESCRIPTION OF PROJECT: The subject property is currently zoned "I" Industrial and "RMF-6" Residential Multi-family and is developed with an 8,000 square foot light manufacturing facility and duplex residence on that portion of the site zoned RMF-6. The petitioner is now proposing to rezone the subject !.16-acre site to "C-4" General Commercial to allow a proposed 12,000 square foot retail facility. The projected build-out for the proposed commercial facility is for late 2000 or early 2oo!. In addition, the access point for the proposed commercial use is to be from the existing single access point off of Creech Road serving the industrial facility. A full median opening currently exists on Goodlette-Frank Road along with left and right turn lanes. AGENDA ITEM No. /1" C. OCT 2 4 2000 b PI. - O[~ J ~.. r j): 1) '-...,.,o~ << ~. i ~~~;;' (l~ "'lI-:!) lJWOlI --..r~ ,- :- ~ I ~~~r Z~~ H ~ ~ ~I - r=~ = I r- = I N ~ Jl ~~ ~ ~,;::: I ~ = I-~ ~ ~ '-' ,-I p:: = ~c::: = t~.== 1 =_ r:::c::: - b -=' i -- 1-_ - r-ffi = =~= en!!!!! ~ Ig r-I ,~" 1- I-~ = ~ 0 ~ " . ~ It ~h ~: =_ '--_- ~~ A~ ~ b _ t- :-, ~l~ -0= Ill.DI ~ ~ ""'U~DI- '- ~~ I- -nd · ~i.~ '-- it:: 1m! @ I '- !=1 . . . . . = . . I, n . i i , llf/t s..l'lI1oUDUVtH I[ [I ~ BD=c= : ~ I- - en i I~~~ dE ,~" =.....t:: (1f'I1I1_1) l.~'n J"H:lSOL10ll / Z- € rrS~ 5. ~ ji .ill~; ~L .. - ~ ! i ~ ' i . < . g n~'~d \ . . I 000MndW" ! i ~ ...."'" " . !! g I . . . . ~. . ,. i ~ ~ . ~ ~ il i! Is :~ ~ (I 11-:>) ~ ~ (IlO1'V"~)~O'l'OV ~... (''I' ~'n) 'WlIJ.lI'MJI'I'! . OCT 2 4 PI. 1 ......,. ~, . ~ <( ~ z o - ~ u o ..J c - \: 'I ! 1I~ e'l hu c ,!;~ ~i~ -'Il A!i' ~i,! P.i~li I' :! III ~~ ~~i 2~ ,;;'!:~ sl Q' \: 1;1 Ii~ 'Ell '!i '" LII '~i ~ ~~; lli '," M :51'> nil ,!:~" Sn1 ~\I ..~~ VoIE~~ ~':! dO'1 r,;'j u..!f ~l;! ~'!i c..!..! p.l5~ /. ~ ::~ ,0 ~L I- ii ;~ 5'5 . ~~ , , I ! , : &~ I ..: I::::... I ..I _aYO~_~~~~OOP___~_______~___~_______________ .D' __I.~. __ I; i !~ : 0" I , _.~----,~._,__...l__._,_.___._.~__ .---.-- .-. -___._._ i. I "I __~.~' : ___ ---.4il---- ------~=- -=="''1'=== _=L) --.-.---.--.- -'-'-,H:'d1-- ......-.,.- i f 'I ! :. ~ : ~~ ; ..._~ ~: d :~ . . . ~t I I _~ : I h.l~ ' 10 il Ie:.., . :O~ 1""0 :5" , , , I I , ~ I . : i~1 : i~~ :~.!: i.~il~ "Ul gill E!l ~i!l r ~i !; ,l ~ II II "! I ii 'jL- 't Ii .. :~ I 3 ~~l a~: II~ I - ~ ~i ;ll " 11 " B Ii ~-'l :, :! h I -.1.".10 I ,"'1"'-''', , 2 I ,i: ...11 II ;. II 2 :1 ~~ I Ji ".. :f :~ I 'iil II. ~I i r~1:------~- --~~ ----~-- , !.! d ': I. '.j 50 0., a ~ ,1 :. I, !. " ~_' ' Ii' ". It. 5', i~:l' Ii ali.. iii, .......-~. . /1 I. 'L::!.....-1-__ .... ___ - ~<t. I Ii :~'~'-.';':;l.~WW;;-----~~~ : 0......;....1.. - 'It I" . _ , - ... ,H I . 1..-T4 ~ LU"I'.-.:;I;l '.... -- __~ . ~ St:', .itm.:~ -----.........."u' II; I I, ~ 1.., h; . '. II.... ::: .. ., J ~E i. .' II l: 1,..1 l' 1!l~1 ~ i! 'Iili",'i!i !1'1"I,,1 ~~ Ii .2M; U hn~~il~i i 1 I'll ~i HIII!:~i!i!il ,!:I!i!!lliW': '1111..'IIII~1o j '.lI,I,.! li!~!:I!!llli;:m "I'I'I'I!l: 1I,1I:;'llj 1;1,,; i~l!il'l~iiHI;i; I. Ie. !I'l".j tU;11i Ii ~hh ;1 .. Ii .' I~ Ii !Ii I ~~ I ~: .. I~ ~~ ~' ,. !l , ii " J J ~ aiP ~! ~~:. ..,:~~. t-.:., t, ~"i.I..:l~~)'!'.<J,::,..,~-",.',()Z"~\~Tl.LN:O~i\sa 9 AGEJ<<>...-ITEM No. /7 C- . OCT 2 4 2000 8' PI. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is developed with a light IDllnufacturing facility and a duplex on approximately 1.16-acres and is zoned Industrial and RMF-6. Surrounding: North: East: South: Developed industrial buildings, Zoned Industrial Goodlette-Frank Road and the Wilderness PUD Creech Road and developed commercial uses zoned "C 2"within the City of Naples 50 foot wide access way serving the residential Hideaway Club of Naples, Zoned RMF-6. West: GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction review entities specifically for review for consistency with current Growth Management Plan and land development regulations. Future Land Use Element: The subject site is located within the Urban Mixed Use area as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This designation allows for residential and certain non-residential uses including community facilities and commercial uses. The Office and In-fill Commercial Sub-district is intended to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban Mixed Use District. These parcels must be located along arterial and collector designated roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. The Office and In-fill Commercial criteria must be met for any project utilizing this sub-district. The proposed rezone petition complies with the following criteria. I. The site abuts a collector or an arterial road. 2. The site is less than twelve acres in size. 3. The site abuts commercial zoning on one side and non-residential (industrial) on the other side. A A ITEM No../?G. . 2 OCT 2 4 2000 PI. Cf ., , 4. The parcel was not created to take advantage of the Office and In-fill Commercial provisions. 5. The project is served by central public water and sewer. 6. The project will be compatible with existing and permitted future land uses on surrounding properties. The proposed rezone pel1tlOn complies with the following criteria if the Board of County Commissioners makes the following interpretations. I. The depth of the proposed site does not exceed the depth of the abutting commercial parcels. The proposed site exceeds the depth of the commercial "C2" zoned properties to the south within the City of Naples and slightly exceeds the depth of the industrial zoned properties to the north. However, if the Board of County Commissioners agrees with staffs interpretation that the site complies with the avera2e depth of the Industrial lots, then this petition meets the intent of this criterion. 2. The project uses are limited to office or low intensity commercial, except for land abutting commercial zoning on both sides; the project uses may include those uses of the his!hest intensity abutting commercial zoning district. The site only abuts C2 Commercial on one side and "I" Industrial on the other side. If the Board of County Commissioners agrees with staffs interpretation that industrial on one side and commercial on the other side complies with the requirement for commercial on two sides, then the proposed rezone to C-4 is consistent with this criterion. Furthermore, the highest intensity abutting the subject site is the Industrial District. In this case, uses in the C-5 Zoning District could lJ:e included in this petition. Therefore, the proposed rezone to the C-4 "General Commercial District" is consistent with this criterion. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed "C-4" District ~ consistent with the Office and In-fill Commercial criteria contained in the FLUE of the Collier County GMP subject to the Board of County Commissioners making the above referenced findings. Transportation Element: Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The proposed rezone to the "C-4" Zoning District will result in an additional 205 Weekday trips over the amount that is generated by the currently built industrial and residential uses. As a result, the proposed amendment will not generate traffic that exceeds the significance test standard (5 percent of the LOS "c" design volume) on Goodlette-Frank Road (C.R. 851) or on Creech Road when completed. The Transportation Element lists Goodlette-Frank Road as a 4-lane arterial road fronting the project. The current traffic count for this segment is 31,599 ADT and is operating at LOS "B". It should be noted that this segment is not projected to be deficient at the build-out of the project. Therefore, this petition is consistent with Policy 1.3 of the Transportation Element. Other Applicable Elements: Staff review indicates that this petition has been designed to account for ail the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP appro plat approval, or building permit applicable to this development. AGENDA ITEM No. /7 G OCT 2 4 2000 3 Pi. If) Therefore, this petition is consistent with the goals and policies of the GMP. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no HistoricaU Archaeological Survey and Assessment is required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, this project is subject to the following condition. If, during the course of site clearing, excavation or other construction activity an historic 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. EV ALUA nON OF ENVIRONMENTAL. TRANSPORT A nON & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. It should be noted that due to the small size of the site that has been previously developed, no Environmental Impact Statement (EIS) is required. The Current Planning Environmental Staff has approved this petition as submitted. Therefore, no Environmental Advisory Council (EAC) meeting was required for this petition. In addition, the Transportation Department staff has also recommended approval of the petition as submitted. EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of it's related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It mayor may not effect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review is listed under each of the criteria . below. Each criteria is categorized as either pro or con or not applicable, whichever the c se rnIfE'Y?C be, in the opinion of staff. No. 4 OCT 2 4 2000 PI. II Staffs review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as a separate document that is attached to the Staff Report (Exhibit "A"). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationshio to Existing Land Uses - In regards to compatibility, it should be noted that the existing light manufacturing facility has access off of Creech Road that is adjacent to the commercial and residential zoned properties to the south (See Photo #1) and within the City Of Naples. In addition, there are industrial zoned uses to the north of the subject site. Conversely, the site abuts a residential condominium development to the west while Goodlette-Frank Road (an arterial road) is located on the East Side of the site (See Photo #2). As a result, the proposed petition may adversely impact the existing residential land uses to the west and southwest. Therefore, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "C-4" District are consistent with other commercial facilities in the area if the rezoning were limited to only the Industrial Zoned portion of the project. Photo #) - View down 14th Street. Photo #2 - View east towards Goodleue-Frank Road. Utilitv Infrastructure - Water supplies are available to this site. All development must comply with surface water management requirements invoked at the time of SDP review. - Traffic Circulation and Imoact - Staff has identified the fact that the change in land use will not have a significant impact on Goodlette-Frank Road by virtue of the fact that vehicular site generated trips will not exceed 5% of the LOS "C" design capacity. The Transportation Element lists Goodlette-Frank Road as a 4-lane arterial road fronting the project. The current traffic count for this segment is 31,599 ADT and is operating at LOS "B". It should be noted that this segment is not projected to be deficient at the build-out of the project. Therefore, this petition is consistent with Policy 1.3 of the Transportation Element. It should be noted that all future development in Collier County is subject to actions that may be taken as a result of the application of the County's Concurrency Management provisions. AGENDA ITEM No. /7 C. OCT 2 4 2000 Pi. 1:1- 5 RelationshiD to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan. Since the property is designated Urban Mixed-Use on the Future Land Use Map, this district permits commercial facilities which are compatible with the Office and In-fill Commercial Sub-district criteria contained in the FLUE. Staff is of the opinion that the proposed rezone petition complies with all the applicable criteria of the Office and In-fill Commercial Sub-district subject to the following interpretations. That Commercial Zoning on one side and Industrial Zoning on the other side meets the intent of the criteria for commercial zoning on two sides. In this case, the proposed rezone to C-4 is consistent with this criterion. In addition, there must be a finding that the depth of the proposed site complies with the intent of the criteria to limit the depth of the adjacent commercial zoned properties. This petition will be consistent with this criterion if the average depths of the industrial zoned properties to the north are included in the determination of lot depth. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition R-OO-5 to the Board of County Commissioners with a recommendation for approval subject to the conditions that have been incorporated into the Ordinance of adoption. AGENDA ITEM No. /7 c. OCT 2 4 2000 6 PI. J.3 / ~ I'. \ PR~:I)AR~:I) IIY' OWS, PRINCIPAL PLANNER T PLANNING SECfION NALD. , AICP, MANAGER CURRENT PLANNING SECfION ~RE, AI~IRECfOR PLANNING SERVICES DEPARTMENT /! APP / ~ VINCE A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for September 21, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: ~f /61/ RUSSELL A. BUDD, CHAIRMAN RVB/rbI STAFF REPORTIPUD.OO.5 7 I //5/co DATB 3-1. oV DATE / - 7-u7J DATE 1-#7fr/ DATE AGENDA ITEM No. /7 C. OCT 2 4 2000 PI. /~ REZONE FINDINGS PETITION R-OO-5 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan (GMP). Pro: Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) of the GMP should be considered a positive relationship. Con: Not applicable. Summarv Findinl!s: The proposed "C-4" Zoning District is in compliance with the FLUE of the GMP by meeting the criteria of the Office and In-fill Commercial Sub- district with the interpretations as noted in the Staff Report. 2. The existing land use pattern; Pro: There are existing commercial uses to the south of the subject. (See Staff Report) Con: The adjacent RMF-6 zoned property to the west is part of an existing condominium development. Summary Findinl!s: The existing light manufacturing facility has been operating on the subject site for a number of years. To the north is developed Industrial land while the land to south contains commercial uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to the approved commercial properties to the south. Con: Evaluation not applicable. Summarv Findinl!s: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is adjacent to commercial and Industrial zoning. However, the Industrial zoning must be considered to be the same as commercial zoning on two sides to be consistent with the criteria of the Office and In-fill Commercial Sub-district. AGENDA ITEM No. /7 c. EXHIBIT "A" 1 OCT 2 4 2000 PI. 6 .....,.. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findinl!s: Adjacent lands to the south include commercial uses while lands to the north contain industrial uses. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property. In addition, the proposed rezone serve as a transition between the industrial uses to the north and the RMF -6 property to the west. Therefore, the relationship of the proposed zone change to the FLUE of the GMP is a positive one. (See Growth Management Plan Consistency in Staff Report) Con: None. Summarv Findinl!s: A light manufacturing facility has been in operation on this site for many years. Now the owner wishes to develop the site consistent with the commercial development trends to the south. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Existing residential units to the west currently operate without being adversely impacting the existing light manufacturing facility on site. The proposed commercial use will have less impact on noise but should generate only slightly mote traffic. (ii) The required landscaping buffer will go a long way towards offsetting any potential adverse influences on the residential communities to the west. Con: (i) The proposed commercial use will increase traffic impacts on the adjacent residential street. Summary Findinl!s: The proposed change will not adversely influence living conditions in the residential neighborhood to the west because the required development standards as contained in the Land Development Code have been promulgated and design ,U <u ITEM the least amount of adverse impact on adjacent and nearby developments. No. /7 c.. OCT 2 4 2000 2 PI. /6 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: (i) (ii) Con: (i) The petition to rezone the property as requested is consistent with aU applicable policies in the Transportation Element. (See Staff Report) The property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from this commercial facility would be defused. Urban intensification results in greater volumes of traffic on the local and arterial road system serving the subject site. Furthermore, residential dwellings dependent upon the same local street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findine:s: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Circulation Element. As a result, this petition . will not excessively increase traffic congestion on any County road. In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; Pro: (i) Con: (i) The Land Development Code specificaUy addresses prereqUisIte development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfaU condition is inadequate. Summary Findine:s: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate aU sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed rezone will not impact the circulation of light and air areas. Con: None. 3 OCT 2 4 2000 PI. 17 Summarv Findinl!s: 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: Typically urban intensification increases the value of contiguous underutilized land, a condition that exists on the north and southeast sides. Con: None. Summarv Findinl!:s: This is a subjective determination based upon anticipated results that may be internal or external to the subject property that 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. The mere fact that a property is given 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: Not applicable. Summarv Findinl!s: The basic premise underlying all of the development standards in the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement 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. Summarv Findinl!s: The petition is consistent with the FLUE of the GMP. Therefore, 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 these plans are in the public interest. 13. Whether there are substantial reasons why the property cannot accordance with existing zoning; AGENDA ITEM No. /7 ~ OCT 2 4 2000 ...' /K . Pro:/Con: Evaluation not applicable. 4 Summarv Findinl!s: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential as made possible by its consistency with the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County: Pro: The proposed change to the C-4 zoning district complies with the GMP and is of similar size to the commercial properties to the south. Con: The depth of the proposed C-4 district is no deeper than the Industrial zoned properties to the north. Summarv Findinl!s: A policy statement, which has evaluated the scale, density and intensity ofland uses, is deemed to be acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use? Pro/Con: Evaluation not applicable. Sumniarv Findinl!s: There are many other sites that are zoned to accommodate the commercial use. However, this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any ofthe range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summarv Findinl!s: Physical alteration is a product of developing vacant land that cannot be avoided. 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 Adequa~e Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summarv Findinl!s: Staffreviews for adequacy of public services and levels determined that required infrastructure meets with GMP established relationshi / 5 SeooElilOA ITEM No. /7 c. OCT 2 4 2000 PI. /'1' , ~) 5. . Petition Number Date APPLICATION FOR PUBLIC HEARING FOR REZONE AND CONDITIONAL USE REOUESTS PUBLIC HEARING BEFORE COLLIER COUNTY COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES ..~ -- 1. Name of Applicant(s): Jerry F. Nichols . '- , .....-.--, Applicant's Mailing Address: 801 Anchor Rode Drive, # 302 City: Naples State: Florida Zip: 34103 Applicant's Telephone Number: 941-261-3000 Is the Applicant the owner of the subject property? 0 Yes X No a) If applicant is a land trust, so indicate and name beneficiaries below. If applicant is a corporation other than a public corporation, so indicate b) and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so c) indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other d) owners, ifany. x If 3f",";cGnt is ulessee, attach copy of lease, and indicate actnal owners if e) not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. 1) Montgomery Kone, Inc. 1 Kone Ct. Moline,IL 61265-1374 (If space is inadeq~ate, attach on separate page.) 2. Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates Agents Mailing Address: 3800 Via Del Rey Zip: 34134 City: Bonita Springs State: Florida Agent's Telephone Number: (941) 947-1144 -1- No..L.7c. OCT 2 4 2000 Pi. ~O SJ6I99.}())IOVer: OII.GLombard 'L1~'U''''''''''1D lSSH-SH-SH...oooo 3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit copies of survey (1" to 400' scale). Please see attached lel!al description and boundarv survey. THE APPLICANT IS RESPONSIBLE FOR SUPPL YING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION: 22 TOWNSHIP: 49 South RANGE: 25 East 4, Size of Property: 320 ft. x 157 ft. Acres: 1.16:!: 5. Address or location of subject property: 1425 Creech Road and 1417 Creech Road 6. Existing Land Elevation: 12.37 NGVD County Flood Criteria Elevation: Zone X 7a. Date subject property acquired 0 or leased 0; 19 day of 7b. If Petitioner has option to buy, indicate date of option: and date option terminates: August 1, 2000 8. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) Not applicable 9. This application is intended to cover: (Check which type of petition you are requesting): X A. Rezoning: Present Zoning: I and RMF-6 Requested Zoning: C-4 for: General Commercial and Office Uses o B. Conditional Use: Zoning for: of: -2 - AGENDA ITEM No..L/ c.. OCT 2 4 2000 ~ Pg. ~/6J')9.)O)&O Vcr 01 !-GLomb.rd 1l.1....U:<.......". Z~355.S55.55S..0000 " 10. Reason why application should be approved. (Attach additional sheets if necessary.): Please see separate attachment. 11. Is proposed use prohibited by deed restrictions? 0 Yes X No If yes, provide copy of the deed restrictions. 12. Is this request a result of a violation? 0 Yes X No If so, to whom was the notice served? 13. Has a public hearing been held on this property within the last year? No If so, in whose name? 14. Are there existing structures on the property? Yes. The site contains the existing Montgomery Elevator Mfg. Facility and a duplex residential structure. TYPE: CBS X, FRAME 0, MOBILE HOME 0, OTHER 0 ... - AGENDA ITEM No. /7 C. OCT 2 4 2000 ~/6I99.JO)IO Vet OII.QLombllld f'\.1.w'U'CWO'''' z:~sss.sss.sss..oooo PI. >> AFFIDAVIT I, Jerry F. Nichols being first duly sworn, depose and say that I am the contract purchaserlowner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. 1 understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. -\~ -~~ \ Signatur~ D. Wayne Arnold, AICP STATE OF FLORIDA COUNTY OF COLLIER accu ,t<l9~ oduced :f"h The for~g Applicatio,\ was acknowledged before me this CD - day of by ..::J ey r~1 r:: t-J) c1\ 0 l..s. whn k p.'Mnolly hnwn to me or ho has as identification and who did (did not) take an ath. 1# ~ - . "'-~ f ~O~ (Si ature of Notary Public) omOAL NOfARYSEAL ROBIN L KEREKES NOfARY PUBUC srATE OF FLORIDA COMMISSION NO. CCT75'176 MY COMMISSION EXP. ocr. 15.2002 ~ AGENDA ITEM No. /7 c... OCT 2 ~ 2000 516199.)OlIOVer.OI'-GLomblld 1't.1,,'U:l1lOO,," ZHSS.5SS-HS_-OOQO -4 - Pg. ,?3 10. Rezoning Justification A. The subject property is currently zoned I, Industrial and RMF-6, Residential Multi-family and is developed with an 8,000 square foot light manufacturing facility and duplex residence. Rezoning the site to the proposed C-4 zoning district will represent a lessening of the intensity of uses permitted on-site, and be more compatible with surrounding properties to the west of the subject site. The depth of the requested rezoning is consistent with the depth of the Industrial zoning district to the north. The property is separated from residentially zoned properties to the west by an approximate SO' wide parcel that serves as the driveway access to the Hideaway Club of Naples condominiums. B. The proposed rezoning is consistent with the Office and Infill Commercial Subdistrict of the Future Land Use Element. The subject property abuts commercially zoned property to the south of Creech Road and Industrial zoned lands to the north. Rezoning the property to a lower intensity commercial land use creates a more compatible relationship with surrounding properties. C. Rezoning the site to a commercial zoning district will not create impacts to surrounding properties given the existing commercial zoning immediately to the south, the location of the single site access to the property, and existing buffers and building setbacks. D. The rezoning will not create traffic problems on the adjoining roadways. The existing single-site access point will remain as constructed in an alignment with 14th Street, which currently serves existing commercial properties south of the subject site. Appropriat.: turn-lanes are presently in place on Creech Road and Goodlette-Frank Road to serve the site. ~ AGENDA ITEM No. //' C OCT 2 4 2000 PI. ~'I UTILITY PROVISIONS FOR -, REZONES & CONDITIONAL USES 1. NAME: Montgomery Kone Building 2. ADDRESS: 1425 Creech Road, Naples, FL 3. PHONE: D. Wayne Arnold (941) 947-1144 4. LEGAL DESCRIPTION: See survey and legal in zoning application 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED: A. B. C. D. COUNTY SYSTEM CITY SYSTEM Citv of Naples FRANCHISED SYSTEM PACKAGE TREATMENT PLANT CAPACITY (GPD) 7. TOTAL POPULATION TO SE SERVED 12,500 sq. ft. office 8. PEAK AND AVERAGE DAILY DEMANDS: 2. SEWER - PEAK 2.5 X Avg. Daily AVERAGE DAILY .15 x 12,500 = 1,875 gal. AVERAGE DAILY. 15 x 12,500 = 1,875 gal. 1. WATER - PEAK 2.5 x Avg. Daily 9. IF PROPOSING TO CONNECT TO REGIONAL WATER SYSTEM ALONG SR-951, DATE SERVICE WILL BE REQUIRED N/A 10. BRIEF, CONCISE NARRATIVE AND SCHEMATIC DRAWING OF THE SEWAGE TREATMENT PROCESS~O BE USED AS WELL AS A SPECIFIC STATEMENT REGARDING THE METHOD OF EFFLUENT AND SLUDGE DISPOSAL. IF PERCOLATION PONDS ARE TO BE USED, THEN PERCOLATION DATA OF SOILS INVOLVED SHALL BE PROVIDED FROM TESTS PREPARED BY A PROFESSIONAL ENGINEER. AGENOKITEM No. /7 C- o -1- OCT 2 4 2000 PI. 2<' IIVI~ I vvrlI:.l\ I tW"" r ~~~~._. _. ?U'1 (4.))001;) uAunD U4/~1:l 'UU 'I):~'I NU,(:'1:l Al'V l>J..J..IS 02/lJ( ~OOZ - , Commercial Contract FLORIDA ASSOClA110N Of' ReAl. TORSilll , J(a.:l&1l8 Ai!!___.......,l,pa "~LIIU......:..L.L'-'U 3~-'~~~ols. or r.~AtA4 as~;gns i..:'ONa l' 1, PURCHASE AND SALE: 2' agrees to buy and t" c.. ("Buyer") ("Seller") ~. 3' agrees to Gellthe property described as: Street Address: 1"'2!l er....o:h lloM and ;L.U7 CrMch R<>lld 4' 5- LegaJ Deset;ption~ 8.. att......1;',.tt 191 dal'.u:~rlf)t:i.on:1! 6' 7' and the fellowlng Personal Properry: :lfone 8' 9 (all cclleclfllely Feferred to as the 'Property")ontheterms and condilion$ setJorth below, The "'Effective Date" of this Contract is 10 the date an which tlte last of the Partl'$Signsthe latest offer. Time's ofthe essen... in this Cantrad, 'Time pt:riods of5 11 days or less will be computed without Inpluding Saturday, Sunday, or nalional legal holidays and any lime period Gnding on a 12 Saturday. Sunday or nalianallll9a1 holiday will be ~tencled untJ15:00 p.m. of the next busjn~s day. 13' 2. PURCHASE PRICE: $ 14' (a I Deposit held in escrow by Gr"bb " Ellhlzpc $ - 15' (b) Addlllonaf deposit to be made within _~ daYG from Effective Date $ . S' (c) Total mortgages (as refen.need in Paragraph 3) :> 17" (d) other: $ 18' (e) Balance to close, subject to adjustments and prorations. to be made with "ash, locally drawn $....1 IS certified or <::ashier's "heck or wire transfer, 22' years and dup.ln nCless than ars and with a fixed interest mte not to .~cead 0 . or _ % of the purohase price to be amorti2ed OVl!!r 2 21' third party If in the am"unt 01' $ 23' to exceed 0 _ % at origination with a 24' 2S Buyer will pay for tl1e mortgagee tllle inSurance policy and . I~n . Buyer will timely provide any and all cr~it. 26 employment, financial and other jnform~tion re Iy required by any lender, auye rwlll no 1Ir. r Immediately upon obtaining 27" financing or being rejected by a len B~r, after diligent effort, fails ta obtain a written commItment days from 28 EffectJwDate ("Finan erlOO"), BUYlllrmaycanceltheContrSdbygMng prompt notice taSeller and Buyl3l"s deposlt(s) ane! Seller L-J ~ ,-,,,knowledge receipt. of a copy of this p~ge, which Is page 1 of S Pages. -- .2 @1997 Florid. Assoclotlon of ReA~TOF!Slt All Right. F!e3Of'Vecl AGENDA ITEM No. /Z c.. OCT 2 4 2000 PI. .,21, t: r'I'" 'U,;/14:J)OOO U41~O 'UUI:;':~'I \'lV.I:'O Uj/U( l'Ivn I UVI'I_~_K.I__"V_I!...... 01.,.... -' . - ___n..._.. <,;KUBB AND ELLIS . ~OOJ di . aubj eet to . 4. TITLE: Seller has the '':9'l1 capacity to a~W211 convey marketable tlUe \Q the Property by ~ ~ory W<m'llnty deed" :q, . ~ free of Ulan". buyer t.lI.kes '''--",{'';~''''I.easementsandencumbrancesof recor~...-~~"~"'- \l(33,~j ..S~<>,~oJ~_~t'"tJ...~laIi.",.ljjt1'_ ,.,~oI>..~: 'l."'34. . ":::-- . -' .. - . ...--' -. ~~l1'~--. . . ~t' ~ ~rOvided there eldsts at closing no 'JIQlatibn of the foregoing and none of them preVWlls Buyer's intended USe of the Property ~_ Office Btlildi~~ and ?ar~.n, lot_ . ~. (::I) EvId..nce ofTItle:Sellerwill, at (~k one) ~ Seller's 0 Buyer's expenee and within ..A9... days ll!'J frem Effective Date (y9. 0 prior to Closing Date 0 from dale Buyer meets or waives financlngcontJngency In Paragraph 3. deliver 10 Buys r (check one) 40' 0 a title insurance commitment by a Florida licensed lille insurer and, upon Buyer recording tha deed, an owner's pOlicy in 41 the amount or the purchase price for fme simple title subject only to exceptlQns stated above, 42" ~ an abStract of litle, prepared 0( brought currlJllt by an existing abstract firm or certified as correct by an exlsllng firm, 43 HOWlMtr,if such an abstract i$ not avaJlable to Seller.then a prior owner's tftfe policy acceptable to the proposed insurer as 44 a bas\! for rGlllsUanclll of coverage. The prior policy will include copies of all policy exc:eptions and an update In a format 45 acceptable to Buyer from the policy elTectiVe date and oertified to Buyer or Buyer's closing agent together with copies of all 46 documenl8 recited In the prior polley and in the upd=te. 47 4S 49' 50 51 52 53 54 55 (h) Titl~ Ell:amlnatlon: Buyer will, withIn 15 days fl'Qm receipt or the evidence of title deliver written notice to Sellor of title defects. Title will be deemed acceptable to Buyar If (1) BuyerfaHs to deliver proper notice of defects or (2)6uyer d<:>lIvers proper written notice andSellercures the t:efllCts within J.5.. days from receipt of the notice ("CUrative Period"), /fthe defects are . cured within the Curative Perloc!, ClOG in WIll oc::yur wi n 10 days from receipt by fJuyer of notlcc!! of such curing. Seller may/fl eject not to cure defects' . . .. - If the defects are?" nol cured within the curative Period, BuYer will have 10 days from receipt of notice of Sell"l'"s Inability to cure the defects to (I elect wtlathertoterminale this Contract ori aeeepllltlesubjectto existing def~ts and close the transaction wit~o~ reductlon in \' purchase price, The party wtlo pays for the evidence of t~le will al:;o pay related titie service fees including title and abstract charges and title examination. . .. ,.... S6 (c) SUM>Y: (chec~ applicable prOlllsionS belOW) sr g Seller will, within ...IL days frQft1 Effective Date. deliwr to Buyer copies of prior surveys, plens, specifications, t 58' engineering documents, if any. and the followlng documents relevant to this transaction;--llcno S9' . prepared for Seller or in Seller's 60 possession, which show ell currentlY, existing structures. 61' Illl' Buyer will, at 0 Sell"r'" J:iIl: Buyer's ""pen:;e and Wllhin thll time period allowed to deliver and examine litle evidence, 62 obtBln a current certified survey or the Property from a registered surveyor, If the survey revealt; encroachments on the 63' Property or that the Imprcvamen19 encroach on the lands of another, 0 Buyer will accept the Property with ""'#iStins 64. encroachments l:!!:l such encroachments will constitute a title defect to be cured witbin..tl'te ~atlveIPerlpd. wiChin S~~4r s eo e afDcretf.on. 65 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. ~J 66 (II) PosSG6&lon, Seller will deliver possession and keys for all locks and alanns to Buyer at c106ing. 67" 66' 69" 70 71 *** 5, CLOSING DATe AND PROCEDURE: 'This transaction will be closed in Coll~"" County. Florida lllGC A1 . rCfosing Date"), tmless otherwise extended/fl' herein, 0 Seller llll Buyer will deslgnat!' the closing agent. Buyer and Sellerwlll, wtthin ~_Q.. days from Effective Date, dellverto 10 e:scrowAgentslgnedlnstru~onswhichprQVjd..forclosingprocedure.ltan il13titutioolllleoder Is providing purchase fUnds. lender'~ . requirements as to place, time of day, a"d clOsing procedures will control over any contrary provlslQOs in this COntract. ***w1thin.t~ft~~u<S15) da~s rfte~,either !uxer or Seller ~~qV1d~BP:itten noti~E~~o the othe 72 (a) &'SW"BtlYhlj.~II')l~lytljxNml~il\Sf<M9,~t~Ji.l;l,1;oi't~~ .lii'lff,],\n&"ngl;~m ~~~in\tfees 'ftlf the deed. 73 Sellerwill pay taxes oolite deed and r~rding fees fo~ dOcuments needed to turelitledafects.1f Seller is obligated to d~Char e 74 any ancumbrance at or prior \Q closing and fails to do so"Buver ma~ USa pUrchase Droteeds to salisfY the encumbranc. (\) ( . .. enept as pt.=tte(\ by tb.ie agreement. n \\ ..1 75 (b) Oocuments: Sollor will provide the deed, bill of sale, mechanic's lien amdalltt. assignments of leases. Updated rent roll, 76 Imant and lender e3tClppel h.lIers, assignrnants of permits and licenses. CCltrectllll! instruments lOf1d letters notifying l.enants of n the change in ownershiplrental agent. if/aMY tenan! refuses to GXecute,lln estop~ '~ller. Seller will certlfy thai information---<.. 78 regard!n!O the tenanl'll lease Is correa). ~!!left\!"1S'9st!CrW&-allsJ.~Is't MP'tiali\.'W"a resolution of Its Board of Diractor.-/fll 19 aU\horl~lngtheseleanddeli""ryofth"deedandc:ertlflcation by the CQrporate Secretary certifylngth In,. 80 facts showing the conveyanca conforms with the r~uirements of loea/law. Sallerwilttransfersec tyd'\ijg,S~S to aUyer. Bu ~, \) 81 will pr""'de the clOSing statement, mortgages and notes, security agresments and finandng 3talam Is. ,Ni' c... 82' Buyer L--> L----> and Seller l-J L-l acknowledge rer..eipt of a copy aflhis page, iChOOil3~ t 2000 Pag s. Pi. r9.1 'UU(4'~~~~ 04/~/j '00 1):~~ NO,(j/j I'IVI" uVI'Il:K I "'UNt: r lNI... '" / ",-,uvU ........,.....~, vy 4.~..O Cn.A """..l.",(J"'I"'~ GRUBB AND ELLIS 04/0! lei 004 '83' __ 84' ~5' .. 86 (c) TaxQs. Asse=:monts. and Prorations: The following items will l'Je m!lde current and prormted ~ as of Closing Date o as or : relll eslate !axIlS. bond and assessment payments assumed by Buyer, interest, rl!llts, assocfation dUllS, inSurlllnee premiums acceptable to Buyer, operational expensEl3 and l<ONE ff tho omount oftaXBII and ....ussments for the curront yoar eannDl be aacertainad, ralGs for the previous year Will be Used witn due 87 allO'Miln\:8 beiflQ made for impl'OIIen1ents and exemptiOl'lG, Seller Is aware of th8 following assElGsmen!s llffec:tlng or potentially 88' affecting lhe Property: lffiNF. 89 Buyer will be respQl1Gible for;all assessments of any kind which become due and owing on 01 after E1Tective DGte. unle:lG the 90 imprlM!lllent is substantially completed !lS or Closing Dale, In which case Seller will be oblJgated to pay the entire assessment. 91 (d) FIRPTA Tall: Wlthholdln,,: The Fordign Inwetment in Real Property Act ("F/RPTA") requires Buyar to wfttthold at closing a 92 portion of the purchase proceeds fer remission to the Internal RGvenueSeNice("I.R.S.')itSelleris a 'foreign person" as defined 93 by the Internal Revenue Code, 11'1e ~es agree to comply with the prOlliGlons of FlRF'TA and to provide, at or prior to closing. 94 appropriate cIocumerdation to establish any appliJ:able exemption from the withholding requirement If withholding is required 95 and Buyer dO\!l; nat hall!! cash sufficient at closing to maetthe withholding requirement, Seller will prOYlde the necessary fUnds 96 end Buyer will prOYlde proof to Seller tI1l!lt SUCII funds were properly remitted to the I.R.S. . 91' 6. ESCROW: BU)'l!r and Seller authorize G~b .. In] h I !PC 98" Talephone: ~.;ZG1.AAO..o_ Facsimile: 94J..26:l.,7~..9_ Address:320:l. '1'lUIlJn1J'i '1'ra:l.J.. Nll.t>lu. 99' no"ti.da 34103 to act as "Escrow Agent' 100'to recelve fUl'lds and other items and. subject to clearance, disburse them in accordance with the tsrms of this Contract. Escrow 101' Agent will deposit all funds received Tn 0 a non-interest b=ering escrow account ~ an Interellt bearing ElGCfOW account with 102" interest accrulng to a"Y<l,.. with interest disbursed (check one) P.1l' at closing 103' 0 at Intervals, It Escrow Agent recolves connlctlng demands or has a good faith doubt as to Escrow 104 Agenfs dtitles or liabilities under this Contract. ttelshe may (a) hold the subject matter or the escrow until the par1las mutually 105 agree to Its disbursement or until iesUl!lnee of a court order or decision of arbitrator determining the parties' rights regarding the 106 escrowor(b)depos" the subject matter orthe escrow with the olerk or the circuit court havingjurisdic:tJon over the dtspute. Upon 107 notifying the parti~ of such action. Escrow Agent will be released from ai/liability except for the duty to account for Items 108 prevlouslydefiveredoutofesJ:row,lfali<:eflSedrealestatebroker, Escrow Agent will comply with applicable provfslons of Chaptor 109 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made !l party because 01' acting as agent hl1lJ'cunder or -110 interpJeads the subJeel matter of the ~crow, EGcrow Agent Will rscowr reasonable attorneys' fees and costs at all levels, with '11 suchfees and coslllto be paid from the escrO\llled funds or eQuivalent and charged and awarded es court or other costs in favor 112 of the pr=\IlIiling party: The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 &scrowed Items, unless the mi..dellvery Is due to Escrow Agent's willful breach of this Contract or liJross negligence. 114 7, PROPERTY CONDITION: Seller Will il"liver the Property to BU}'9r at the time agreed In its present "as is' condition. ordinary 115 wear and tear excepted, and will mllinlain the landscllplng and grounds in a comparable condition, Seller makes no w.rranties 116 other than marketability or title. By accepting the Property "as is," Buyer waives all claims against Seller for any defecl$ in the 117 properly. (Check (a) or (b)) . 118'0 (a) As 16: Buyur has inspected the Property or waIves any right to inspect and accepts the .Property In its "as is" condition. 1 19.t!!: (b) Due Diligence Period: BuyerWiIl. at Buyer's expense and within ..M.. days from Effective Date rOue Diligence Per/ocr). 120 determine whether the Property Is suitable, In Buyer's sole and at>So/ute discretion, for Buyer's Intended lise and development of 121 the Property as specified in Paragraph 4. Outing the Due Diligence Period. Buyer may conduct any tests, analyseG, surveys and 122 Investigations rinspections') whlCh Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering. 123 architectural. enVIronmental properties; zoning and zoning restrictions; flood zone designavon and restriction,; subdivision 124 r=gulationa; soil;Jnd grade; avail;abll/ty ofac:cess to public ~oads. water, and other utilities; consistency With Io<:al, state and reglonsl 125 growth management and J:Omprehel'l:live r,and use plans; availability of permits. government approvals and licenses; compliance with 126 American with Disabilitieo Act: absence ofasbBstos, so/l and groundwater contamInation; and other inspactions that Buyer dGems 127 approprime to determine the suitability ortha Property for Buyer's intended use and development. Buyer shall deliver written notice 128 toSellerprJor tothe exp;ration of the Due Oiligence Period of Buyer's determInation ofwl1ether or not the Property is acceptable 129 BU)'l!r'sfailuretocomplywith this notlce.requlrement shall constitute acee"tance of the Property in its pr""ent 'as IS' condItion. 130 Seller grants to Buyer. Its agents, contractors and asslgnG. the rIght to enter the Property at any lime during the Due Diligence 131 Period for the purpose of conducting Inspeetions;.p,Covided. however, that Buyer. ill! agents. contractors and assigns enter the 132 Property and COnduct Inspections atlheirown rlsll1BUyershall indemnify and hold Seller harmless from IOSGt!S, damages, costs, 133 Claims and expetlses 01' any nature;incJuding attornsys'feElG al all lewls , snd from liability to any person. arising from the conduct of 134 any and all inspections or any wcrk aulhori%ed by Buyer. Buyerwill not engage in any activity that could result in a mechanic', lien 135 being filed against the Property Without Selle r's prior written consent. In the event this traC1:laetion does not close, (1 ) Buyer shall 136 repair all damag"" to the Property resulting from the Inspections and return the Property to the Condition it wa3 in priorto conduct of -~7 the Inspections. and (2) Buye r shall, at BUyer's expen.se,release to Seller all reports and other work generated " . J8 Inspections. ShOll!d Buyer deliver timely notice that the Property is not acceptaOle, Se lIer agr~G the Uye~!Aall be 139 Immediately returned to Buyer 2nd Ihe Contract termInated, N/>.fl c.. 1 ~ tbmJge... 14D" Buyer L..J L-.J end Seller l--> I.-) acknOWledge receipt of i!I copy of this page, wtll h is **and without inter.fering with Sellar's operations on the proper.ty. ,tJ' KY "VI". -lNC 'UU!4j)b6b 04/2b 'llO 1):22 NO. !Sb l'IVI11"~Vi'I=_,~~'".~ ~u_~.~.~ -' / IORUll& AND ELLIS OS/O! ,,_.... .-... , ~ci05 "i41 (C) Wafk-through Inspoction: Buyer may, on the day prior to closing or any other Uma mutually agreeable to the parties, 142 conduct a final "walk-tl1rough" Inspectlon cf the Property to determine complianeo with this paragraph and to ensure that ~II 143. Property is on lhe premIses, 144 (d) Disclosures: 145 1. Radon Gas: Raden 15 a naturally oc::c::urring radioactive gas thGt. when it has accumulated in a building in sUfftcient 14<; quantities, may present health risk5 to persons who are exposed to it OVGlr time, Level. of radon !hat e>:ceed fed"l'lll and state 147 guideline. have been found In buildings in Florida Additional information regarding rzdon and radon testing mey be obtained 148 from YOlJr county pUblic h8&llth uniL . . 149 2. Energy Efficiency: Buyer may haw determined the energy effiCiency ra~ng cf the bu. i1d1ng, if any is located on the R~' . 150 properly. 151 $, OPERATION OF PROPERTY DURlNCil CONTRACT PERIOD: Seller will contfnue to operate the Property aM",an~!) s 152 conduded on the Property in lI1e mll1lneJ: operated prior to Contract and will take no actIon that would ~"y :t..y 153 Property. tenants, lenders or busine$s, if arry. Any c:hange5, such as renting vacant spaCI:. that materially affect the property~r 154' BUYGr'& intended use of the Property will be perrnltt~ Jill: only with Buyer's consent 0 without Buyer'; consent. 55 9"'''''' OF 0 U ' ified' th. tl.:\rouv.b, .!lQ fau 11; of th~uy( 1 . "" I URN DEP SIT: nleSs otherwise spec I m e Contract. tn the ellenl any condition orlh,s GOrltraCl tS not mer and 156 Buyer has timely given any required netic" regarding the condition ha\<1ng not been met. Buyer's deposit will be returned in jj57 ccordance wttI1 appricaole Florida laws and regUlations. I 158 10. D!:FAULT: 41"/ ~S (a) In the ~ tt!.<'!.l'.alp,,i.s I,!s'-~Iosed):l'i.e to i'flX defaul~~ ,,""'''ll:S..lfer other than failure to maKe t.he title 4 markt3lablead ~~~'$'tiiifl'baV\Tt'Mt'(1) receive a refund of Buyel"& depo:;it(s) or (2) seek specific performance, If \ 161 Buyer elects a deposit refund. Seller will be liable to Broker for the full amount of the brOkerage fee. ~ ) 162 (b) In the event the Sallll !G not closed d'k'tlf ~,,:1~i'l~kqr1failur~~ ~8cfrtr~-\'l~~liS~!'U:..'l1G9tf~:::::~r0 163 peld or agreed to be paId by eUYer_~8~"""""""~~: r 164 ~,.d_~,. _1O~.J.~A...~k~.oc (2) Geek speclfic performance, If Seller retains the . 155 deposit, Seu..rwlll pay the Listing and Cpoperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retain~ 165 by Seller(to be split equally among the Brokers) up to the fUll amount or the Orokerage fee. 167 11. ATTORNEYS FEES AND COSTS: In any claim or conlrO\l8rsy arising out of or relating to this Contract, the preVi.llllng part.. 166 which for purposes of this prO\/fsion will Include Buyer, Seller and Broker, will be awarded rea~onsble sttorneys' fees, costs. 169 expenses. 170 12. BROKERS; Neither Buyer nor Seller has uUlized the services cf.or for any other reason owes compensation to, a liCMsed 171 real estate Broker other than: 172' (a) Listing Broker: S=bh Ii ElBA [IPC 173' Who Is 0 an agent of' ~ a transaction oroker 0 a nonrepreaentative 174" and who will be compen$ated by ~ Sell..r 0 Buyer 0 both parties pursuant to 0 a listing agreement 0 otMr (specify) 175. :::t.~, BrokBrl!l:am !PRe 176" 1rr 178" 179' 160" 161' 182" 183" 181\" 165 (collectively referred to liS "Broker") in connection with any act relating to the: PropM.Y. includIng but not limited to inquiries, 186 Introduc~ons. consultations and negotJ~lons rasulting In this tral1!lac::tion. Seller and Buyer agree to Indemnify and hold BroKer 187 harmless from and agaInst losses , damagfl$.c::ost5l!/1clexp~nses of any I<lnd, includlngressonabllllatlornays' fees at allleveis. and 168 from liability to any person, arising from (1D compensation claimed which is inconsistent with the reprenntatfon in this Paragraph. (2) 189 enforcement action rocollect II brokerage fee pursuant to ~aragraph 10, (3) any dUty accepted by Broker at the request of Buyer or 190 Seller. which duty.. beyond the scope of servlces regulated by Chapter 475. F.S.. as amended. Or(4) rG:comr,".ndatiOns of or services 191 prOllidedandexpenses Incurred by any third party Whom BroKer refers, reCOll)mencls or retains for or on behalf of BuyerorSeUer. 192'13. ASSIGNABILI7Y; PERSONS BOUND: This Contract may be assigneclto a relaled entity. and clharwiseGis not assi bl" 193'0 Is a5slgnaole, The terms "Buyer," 'Soller" and 'Broker" may beslngular or pluraJ, This Contract is SeU 194 and their heirs, personal repr"'entati~, successors anti a55ig~ Of assignment is permitted). No. /. c:. 195" Buyer L--> L--> mnd Seifer L--J <---l acknowledge receipt of a copy of this page, W ch locft"l4 "2dM'age . (b) Cooperating Brof<J!r: ~~!l B1H..I:rp~ who Is 0 an agent cf Il!;l a trensactlon broker 0 a nonrepresentative 2lndWhowlll becompensatedtly 0 Buyer l!!: Seller 0 balh parties pursuant to 0 an MLS or other offer of compen.ation to a cooperating broker 0 other (specify) 2.S~ BrokeraQA ~eo PI, .J.9 'UU(4'~K~1:I U4/ N 'UU 'I;,:(,~ NO.15" 06/U( l'IVI~ I UVI'It;~ I t\.UI'4t: t" J.I..,l.. -J" ..h'lJ,-, ,,1,.1 -.-~'-~' -... "y....., ...'A.oolIo. ....A.,.V.~I4/ GRUBB AND ...~LLIS tmooa"' '196 14. OPTIoNAL CLAUSES: (Cheek ifllnycfthefcllowingclauses areappUcableandereattached as an adcfendum to this Cont.r~ct): _ 197' 0 Arbitrlllion 0 SelIGr Warranty 0 Existing Mortgage 19B! 0 Sectlon 1D31 Exchange 0 Coastal Construction Cootral Une 0 Other 199" 0 Property Inspection and Repair 0 Flood Area Hazard Zorle [J Other 200' 0 Seller RepresentllliortS 0 Seller FInancing 0 Other 201 15. MISCl:LL.AHEOUS: The tefrl1S of~ Contract constitute the entire agreement betweel'l6uyer and Seller. Modifications of 202 this Contract will not be binding unless in:writing, signed and delivered by the p;uty to be bound. SlgnaturllS, initials. documents 203 referenced in thIs Contract, counterparts and written modifications communicated electronically or on peper will be acceptable for 204 all purpoSllS. including delivery. and will be binding. Handwritten or typewrItten terms inserted In or attllChed to this Contract prevail 205 OVIlr preprinted terms. !fany provision oflhis Contract is or becomes invalid or unenforceable. all remaining prO\lisions will continue 206 to be fully e1't'ective. This Contract WIll becO[1Slrued under Florida law and will not be recorded In any public records. Delivery of any 207 written notice to any party's agent will be.deemed dellll'llry to that party. 20B nfls IS INTENDED TO BE A I-EGAJ..LY BINDING CONTRACT. IF NOT FULLY UNPERSTooD,SEEKTHEADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISeS SuYER AND SEu.ER TO VERIFY ALl. FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANT TO nlEM I\Nl) TO CONSULT AN APPROPRIATE PROFESSIONAl. FOR LEGAL ADVICE (FOR EXAMPl...E, 21 1 1~RET1NG COHTRACTS. DETERMINING THE EFl'ECT OF lAWS ON THE PROPeR1'Y AND TRANSACI10N, STATUS OF 212 TITLE, FoREIGN INVESTOR REPORTlNG REQUIREMENTS, ETC.) AND FOR TAX. PROPERTY CONOffiON, ENVIRON",ENTAL AND 213 OTHER SPECIAI.J7.ED ADVICE. BUYER N::KNoWLEDGES THAT BROJGR DOES NOT OCCI.IPY THE PROPERTY AND 'THAT ALL 21' REPRESeNTATIONS (ORAL. WRrliEN OR onfl:RWISE) BY BR.OKER ARE ~ED ON SELU:R REPREseNTAll0NS OR PUBI.IC 215 IlECORDS"UNLESS BRQKER INDICATES PERSONAI...VERlFICA11ON OF lliE REPRESENTATION. IlUYER AGREES 10 RELY :215 SOLEI.Y ON S!:!:LLER, PROFESSIONAl. INsPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFlCAll0N OF mE PROPERTY :217 CONomON, SQUARE FOOTAGE AND F~S 'THAT r.lATERJALLY AFFECT PROPERN VALUE. 218" DEPOSIT REC8PT: Deposit of $ fill check 0 other received on 219' Hl>rch_ :<7 . ~ by . 220 ' 221 OFFER: Buyer offers to purchase the Property on the abOve terms and conditions. Unless acceptance Is signed by Se lIer and a ---7.22" signed copy delivered to BU)'l'r or BUyet"Il" e later than ..s.ill. 0 a.m.8 p.m, on llI'a"",h n . .i!'o.llJl. . 23 Buyer.~2Jk this offer and rec' . '41/ e /~ 224" Date, 7..2, "" _ - ~ ~/ Tax ID No: 27<;"- 3g - r;>0.5'2.- 225' Trtl . Tele hone:.9-f'1 ;16,1-3=0 FaCGimile=% 262. -23U 226' Addre::s: <> ./2/Mt; .#.7l"2.. /VA"P'/~~__ ~Y/""'?' 227" Date' BUYER: Tax ID No: _ 226" Title: Telephone; Facsimile: 229" Address: 2.30" ACCF.PTANCE: Selleraecepts BUY8~~"Off r nd agrees to sell the Proper1y on the above terms and conditions lO subject 10 the 231 attached counter offer). '/) r ,(). n A 232" Date: I1Z7!trt> SELLER: f ~ TaX ID No: -:;~ -~3>'7'1;;"3 233" TItle:.fu? 'P.,^o"c.tl Telephone: Focslmile: 234" Address: 11<:01->8 f_....,,"" (t'1<<1....' ,'I[""Q,'J ( 'I'$.&'~ 235" Oat": SELLER: Tax 10 No: 236" Title' 237" Address: 238' Buyer'L.-> L-J and Seller L.....-l L......J aCKnowledge receipt of a copy of this page. wnlch is page /; of 5 Pages. The FlOrIda As50daticn fA REALTORS rnakcs,no representttJon a' to tt'!9 leg", viillidlt:r or adC(l1.l3CY t1fo."y pr(Njaion tit this form [in any specIfic: trCltt5ectlcn. iN. ltandardlzud form should not be l./"u~d in compfo.:c 1r8JUi"acUons: ot with ex1:en:5Iv-e ridot'a or addttions. ThJu form Is avajl~9 for U5e by the enUre roal estate Jndustry ;;I'ld 1:11 not intgr')(ted to Identify ths litter e. It REALTOR. REAlTOR Is a rc:giS'terltd c:ollacUvt nll~mbership m.".k wIlleh mO)' be u.ed cnfy by r...1 ...tot.lle__ who ar. m._. of the NATIONAL ASSOCIATION OF ReALTORS and who .u~.cr;t>o (. iI. ~, Cod. of ~1Il1<s. The copyright'..... of I". Unt~ States (11 U.S. Code) forbj~ tho u".uthorlZed reproduction 01 'his form by any moons inclu~;ng r"".imll. or _'.rlooct ferme. . .' AGENDA ITEM No. /7 c TsIsphone: FaCSimile: CC.2 e'997F1orid8A..cct.tlon of Rl!Al.TOFlSll All Riglll8 Fl...r."" rt,is form 1& licen-.ad for I,/Ge 'l"rith Fonnuba;..r- Form. So~re by ISG McAlnster pubrlGhing. Ine. 8QO.3:36..1027 OCT 2 4 2000 Pi. .3 0 l'IUNIl>UI1tKY KONI:: F1NC. "1)97435868 04/28 '0015:23 NO.738 07/07 ---.- =---==-..........-- - ...----. ~ ,,..r;.UD.D ANJJ J::J...LIS I(l!007 1425 CREECH ROAD - FOUO #61947480007 004] MFG. LT MFG, S~ EQUIP MFG PLANT N 1 eLF 22 49 25 W tOOIT OF E 300FT OF 51/2 OF LOT 82 OR ]058 PG 160 , 1417 CRRECH ROAD - FOJ.JO #61947400003 i OOOK RES, MULTI-FAMlLY RESIDENCE, <10 UNTS N 1 eLF 22 49 25 SI/2 OF LOT 82, LESS E 550FT +; LESS W 220FT OR 1712 PG ~9 , AGENDA ITEM No. /7 C OCT 2 4 2000 PI. 3/ .. ,t w w . , ORDI1\'ANCE NO. 2000- A" ORDINANCE AME~1JBJG ORDJ1';ANCE ';UMBER 91.102. THE COLLIER COUNTY LAND DEVELOP~lENT CODE WHICH ESTABLlSI-IED THE CGrvlPREHENSIVE 201'11-;";0 REGULA nONS FOR THE UN IN CORPORA TED AREA OF COLLIER COUNTY, Fl.0RlDA, BY AMENDD\'G THE OFFICIAL ZONING ATLAS MAP 't'-Hj!\1BERED 95225 BY CHANGING THE ZONING CLASSIFICATIO); OF THE HEREIN DESCRIBED PROPERTY LOCATED AT 1417 AND 1425 CREECH ROAD IN SECTION 22, To\\r~SHIP 49 SOUTH, RANGE 25 EAST, COLLIER COL1\TY, FLORIDA, FROM "1" AND "RMF-6" TO "C-4"; PROVIDING FOR STAFF AND PLAN'l\'ING COMMISSION STIPULA TrONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, representing Jerry F. J\'ichols, petitioned the Board of County Commissioners 10 change the zoning classification of the herein described real property: ,;OW. THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA. 5ECTIOS" O:,"\'E: The zoning classification of the real property as more pamcularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 22, Township 49 South, Range 25 East, Collier Coumy, Florida, is changed from "I" and "RJ',..lF-6" to "C-4" and the Official Zoning Atlas Map ~umbered 95225, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property IS the same for which the rezone is hereby approved subject to the following condition. Provide a Type B landscape buffer as set fonh in the Land Development Code where proposed property abuts any residential property, access way or right-of-way abuning any residential zoning or use. SECTIO;\' TWO: This Ordinance shall become effective upon filing with the Department of State PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .2000 day of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BV TIMOTHY 1. CONSTANTINE. CHAIRMAl'i ATTEST DWIGHT E. BROCK. CLERK APPROVED AS TO FOR.\1 AND LEGAL SUFFICIENCY 7!-;:.....,{ ., n ~ }jt-/(-{J.-:C MARJORIE M STIJDENT ASSISTANT COL'NTY A TTOR"EY g/adminlR-2000~05IRBhm AGENDA ITEM No. /7c OCT 2 4 2000 PI.<....l~ DESCRIPTION PARCEL 1 THE WEST 200 FEET OF THE EAST 300 FEET OF THE SOUTH 1/2 OF LOT 82, ACCORDING TO THE PLAT THEREOF, AND RECORDED IN PLAT BOOK 2, AT PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND PARCEL 2 THE SOUTH 1/2 OF LOT 82, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, ACCORDING TO THE PLAT IN PLAT BOOK 2, PAGE 2, PUBLIC RECORDS OF COLLIER COUNTY, EXCEPTING THE EAST 350 FEET AND THE WEST 2200 FEET; AND PARCEL 3 THE WEST 50 FEET OF THE EAST 350 FEET OF THE SOUTH 1/2 Of LOT 82, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.; ~ ~ ,,",'I1tZOOO .. EXHIBIT "A" AGENDA ITEM No. /? c. OCT 2 4 2000 PI. J3 . ~ EXECU~S~RY PETITION VAC-00-010 TO VACAlE TIlE PLAT OF "FISHBRANCH LITTLE ACRES PHASE ONE", AS RECORDED IN PLAT BOOK 23, PAGES 58 TIIROUGH 59, PUBLIC RECORDS OF COLLIER COUNTY. LOCAlED IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST. OBJECTIVE: To adopt a Resolution to vacate the plat "Fishbranch Little Acres Phase One". CONSIDERA nONS: ,- Petition V AC-OO-O 10 has been received by Planning Services from Wilkison and Associates, Inc., as agent for the petitioner, William G. Price, requesting the vacation of the plat. The petitioner wants to revert the platted property back to acreage. No improvements have been made to the property. Letters of no objection have been received from all pertinent agencies. Zoning is Agriculture. FISCAL IMPACT: Planning Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDA nON: .~ That the Board of County Commissioners: I. Adopt the Resolution for Petition V AC-OO-O 10 for the vacation of the plat of "Fishbranch Little Acres Phase One". 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Requesting the Cleric: to the Board to make appropriate marginal notes on the recorded plat. AGENDA ITEM No. /'/ D OCT 2 4 2000 PI. / . REVIEWED BY: FCl{ ~E omas E. Kuck, P.E Engineering Review REVIEWED BY: ~~ Robert Mulhere, AlCP p~ces Department Director APPROVED BY: " &-, Vincent A. Cautero, AlCP, Administrator Community Development & Environmental Services DATE: q-II-CO DATE: U~PC()' DATE: II-~. UO DATE: /'d-02L7d AGENDA ITEM No. /'7 D OCT 2 4 2000 PI. 4. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt VAC 00-010 Trans Number 190378 Date 04/06/2000 2:06:33 PM Post Date 04/06/2000 Status POSTED FISH BRANCH RANCH New or Exist: N "- Payor: FISH BRANCH RANCH Fee Information I Fee Code "1 DescrTrltion TGl Account Amount Waived I 112TRVC I REV ACCT/VAC EASEMENT-ROW 110116361032910000000 $1000.00 I Total $1000.00 Payments Amount I $1000.00 $0.00 I $1000.00 $1000.00 I i Payment Code I AccounUCheck Number I CHECK 11666 Total Cash Total Non-Cash Total Paid Memo: For Plat Vaction of "Fish Branch little Acres" Ck# 1666 Cashier/location: FROLOFF _E I 1 User: BEDTEL YON_l Collier County Board of County Commissioners CD-Plus for Windows 95/NT AGENDA ITEM No. /7 D Printed:04 6/2B~2tJl~flIt1 PI. ( ;{" 16Al (i) Attachment "B" PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Petition #: ,/(:Jt!: 00'010 Date Received: Petitioner: Address: City/State: William G. Price 3702 Lake Trafford Road -IJPmokal99, Fl. 34142 Telephone: t 51, ":>1..1'8 Zip Code: ~~(~y Agent: Address: City/State: Wilkison & Associates. Inc. 3506 Exchange Avenue Naples. Florida Telephone: 941-643-2404 Zip Code: 34104 Address of Subject Property: <"~r. Location: Section 31 Township "':>t.<.... -;;.br,,,c, Range 29E Unit Subdivision: Fishbranch Little Acres Plat Book 23 Page(s) 58-59 465 Legal Description: Lot Block Reason for Request: Current Zoning: Ag To revert to originally described acreage Does this affect density? No I h by authorize Agent above to represent me for this petition: ~s 0 No \ ~ r;~ "'--- ~ .-- Signature of Pe loner Date Print Name William G. Price ~7n? I AkA Trl'lffnrd ROIld Immokalee. FL 34142 /) ~ ,^:f'V" (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) Attachment "B" Page 4 of 4 If applicant Is a land trust. indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. AGENDA ITEM List all other owners. No. /7 D OCT 2 4 2000 PI. Ai (4) I, . I I go ... ii - - ~ .. , .~ ~ ~~ ;Ib.b..b.~. . ~ ~ =* :f;l_: & -'- ! . B ---Ii -;- I B _._~- ! -: ":.:" -,- . . . oM,i"'M' . . - ~ ~~ ~i_. ~+f-' ~ Ii "i\:" wki; .. .. . - I I ~ I & I ~ ~ ~ I ~ . 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N k \ I!';; ill ~: ~ N h ~ :5 III 8 1!! a~ ., z \ .. \\ '" ~- . i~ ~ "t::d l=- .. ~ ~c:i w U -: .'''''' \ "'~ ~ ~- .n'OLC' :] ..t'O.KLI S Slil'Z51l I IA ..O.K.L8 .. ~ '!" ..,.. ~ ..'g \/ ~ u' L <~ i!:~ ~1 w .66.6 3 _9..0f.~' S ~ \ "J'O .1iI.... ..~ .. w ;.. . ~ "U . . ~ .. . u' II <. ~:1 . ~ --._- ~ ,96"&.6 ,; :to .C:.::r-r ij "J"O .9- z _ "'~ ... . l--U ~ U' ~ .. '-, .. <. ... N L,n~ ~ri ~ I ....... M .J.l,1't.III1III '8 " N i \~ \ 0..' '<,< ~2 ""'<) \ _ J _ ~ "-9,-" NOU03$ ----------L- J03NnHU:lON ------- OCT 2 ~ ~OO I It \ -\-- PI WILKISON & ASSOCIATES r '" i IEf( COUH1'1' )r:-l\-~l \~ Uln~H\S ,..tWA~t\Hb2 00 JUN 13 PM 2: 4 '5 CONSULTING ENGINEERS AND SURVEYORS June 9,2000 Mr. John Boldt, P.E., P.S.M., Director Stormwater Management Collier County Government 3301 E. Tamiami Trail Naples, Florida 34112 RE: Request for "Letter of No Objection" Vacation of Fishbranch Little Acres Plat TI ~~~O\f~n JUN 1 7 2000 U ;;::I Dear Mr. Boldt: We have submitted documentation to Collier County for the vacation of the Fishbranch Little Acres Plat. A copy of the plat is included for your reference. The County is requiring a "Letter of No Objection" from Collier County Government Stormwater Manageent. Please sign below and return this original letter to our office. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, WILKISON & ASSOCIATES, INC. {fJ Jl tI~ David 1. Hyatt, P.S.M. Vice President of Surveying DJH/sg Enclosures cc: Mr. Russ Muller, Community Dev. & Env. Svcs. Division - Planning Services I have no objection to the proposed vacation. ~~pe Signatur ' :J"1!>ff~ H, Bo(...]), Print Name ~:S-Iv\ , &//3/00 Date I I AGENDA ITEM No. /'7 /) c:\w A Files\OO Pr~ecis\O002\Corr~onda1cc\JBOO02 Request. for Lct1a" of No Objcd.ioo.doc 3506 EXCHANGe AVE.. NAPLeS. FL 34104 941-643-2404 941-643-6752 FAX 94 -64 4 2000 DAVID S. WilKISON, P.E, DAVID J. HVATT. P.S,M, HORACE A WllKISO P.l,S, (REI) PI. Re . WILKISON & ASSOCIATES . CONSULTING ENGINEERS AND SURVEYORS ~ May 4, 2000 W A#O002 Mr. Thomas E. Kuck, P.E. Community Development & Environmental Services Division Engineering Review Services 2800 N. Horseshoe Drive Naples, Florida 34104 ill ,.,....., ,.,..., 'i5l <;? <:;If? """ ~. D 1'-:> ,; ,". ;: \\i .llll ' ( I.":':.;. . - ~ ,_....' - - ; i . . I'," , lOMO 'fih..J.. LUU RE: Request for "Letter of No Objection" Vaeation of FishbrBneh Little Aeres Plat Dear Mr. Kuck: We are currently preparing documentation to submit to Collier County for the vacation of the Fishbranch Little Acres Plat. A copy of the plat is included for your reference. The County is requiring a "Letter of No Objection" from Community Development & Environmental Services Division based on the fact that you certified availability of service at the time that the property was platted in 1994. Please sign below and return this origina1letter to our office. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, . WILKISON & ASSOCIATES, INC. fJ;//~ David J. Hyatt, P.S.M. Vice President of Surveying ".~ -~ HAY 0 8 20ao.dJ DJH/sg Enclosures -...._- --- cc: Collier County Government - Engineering Review Services Collier County Government - Transponation Services I have no objection to the proposed vacation. ~ f? iw Signature rh"4A::1.5 E, A{;ck Sui;<d' ~ '/rt7/J~ri-hM CO mm~d 5/'1/~ . , Date (' Print Name 3506 EXCHANGE AVE.. NAPLES. FL 34104 941-643-2404 941-643-6752 AGENDA ITEM No. /7 D FAX 94 -648€1J7 ~ 4 2000 C:\WA File:s\OO Projeds\OOO2\Correspondalce\EKTK0002 Request for I...et1a- of No Objed.ion.doc DAVID S. WilKISON. P.E. DAVID J. HYATT. P.S.M. HORACE A. WllKISO P.L.S. (RET.) f? PI. _ Re ,., _ J__ Post Oftice Box 3455 North Fort Myers, FL 33918-3455 p;~-~ LCEC o LEE COUNTY ELECTRIC COOPERATIVE, INC. (941)995-2121'FAll(94t) 995-7904 WWW.Ieee.net.www.i1ine fo)~@~llW~~ m MAR 2 5 2000 ~ March 22, 2000 Mr. James N. Wilkison, P.S.M, Wilkison & Associates 3506 Exchange Ave. Naples, FL 34104 '. Re: Vacation of Plat Dear Mr. Wilkison: LCEC does not object to vacation of the plat of Fish branch Little Acres, as recorded in Plat Book 23, pages 58 and 59, of the public records of Collier County, Florida. Please call me at 1-800-282-1643, extension 422 in can be of any further assistance. Sincerely, +{rM0~qf~ Karen Hardin Real Property Representative AGENDA ITEM No. /7 h OCT 2 4 2000 . .... /1 . WILKISON & ASSOCIATES CONSULTING ENGINEERS AND SURVEVORS May 4, 2000 W A#O002 GO H'''''_I") 1') ., '-'.~:-,',i I. 'r ,ILI1 <; ,,', ' v 'i t.., !:i1 9: I R Mr. Edward J. Kant, P.E. Collier County Government Transportation Services 3301 E. Tamiami Trail Naples, Florida 34112 ~) ~(g~TIW~~ L.:~ J UN 0 8 2000 ill! RE: Request for "Letter of No Objection" Vacation of Fishbr8Dch Little Acres Plat Dear Mr. Kant: We are currently preparing documentation to submit to Collier County for the vacation of the Fishbranch Little Acres Plat. A copy of the plat is included for your reference. The County is requiring a "Letter of No Objection" from Collier County Government Transportation Services based on the fact that you certified availability of service at the time that the property was platted in 1994. Please sign below and return this original letter to our office. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, WILKISON & ASSOCIATES, me. !!~t.~ Vice President of Surveying Dlli/sg Enclosures cc: Collier County Government - Engineering Review Services Collier County Government - Transponation Services r' vacation (" -~ - 00 Date ~-t ~( <<r Print Name 3506 EXCHANGE AVE" NAPLES. FL 34104 941-643-2404 941-643-6752 FAX 941- 3- AGENDA ITEM No. /7/) 2 4 2000 C:\WA Files\OO Projeds\OO02\CorTespondence\EKTK0002 Request for J...et1.er of No Objea.ion.doc DAVID S, WILKISON. P,E, DAVID J. HYATT. P.S.M, HORACE A WILKISON. .S, (RET.) PI. Reeye WILKISON & ASSOCIATES CONSULTING ENGINEERS AND SURVEYORS &i ;~"tF'1 ---:-"_M.____ 3 00 WO#0002 .. -Marchi,-2000 v~ 12)m~mlW~' ~ MAR ~ ~ lOOO Ms. Deb Corbin Sprint P.O. Box 2469 Naples, Florida 34106-2469 RE: Request for "Letter of No Objection" Vacation of Fish branch Little Acres Plat Dear Ms. Corbin: We are currently preparing documentation to submit to Collier County for the vacation of the Fishbranch Little Acres Plat. A copy of the plat is included for your reference. Th~ County is requiring a "Letter of No Objection" from Sprint based on the fact that you certified availability of service at the time that the property was platted in 1994. Please sign below and return this original letter to our office. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, _ WILKISON & ASSOCIATES, me. James N. Wilkison, P.S.M. Vice President JNW/sg Enclosures cc: Collier County Government - Engineering Review Services Collier County Government - Transportation Services Mr. William Price I have no objection to the proposed vacation. Lt~<J.. O,~ SigiJature ' . f)/;B,U.J:),Lf /I. [' Mel",J Print Name - 03- ~(-{)O Date "1 c:\w A Fil~\OO ProjeciA\0002\CorreRpondenoe\0002 Requetll for Utility J IfUI of No Objection.doc 3506 EXCHANGE AVE.. NAPLES. FL 34104 941-643.2404 941-643-6752 AGENDA Ii) No. /7 FAX 94 -64~f1~f 4 2000 DAVID S. WILKISON. P.E. JAMES N. WILKISON. P.S.M. HORACE A WILKISO P.L.sPIlEll x:J Recycled Paper @ WILKISON & ASSOCIATES CONSULTING ENGINEERS AND SURVEYORS March 1, 2000 WO#O002 Mr. Grant Pate, Construction Supervisor Time Warner Cable 1610 40th Terrace SW Naples, Florida 34116 n ~@ 1ili J1'iW~~) 1Ui IV 8~ MAR 0 4 2000 i.....J RE: Request for "Letter of No Objection" Vacation of Fisbbrancb Little Acres Plat Dear Mr. Pate: We are currently preparing documentation to submit to Collier County for the vacation of the Fishbranch Little Acres Plat. A copy of the plat is included for your reference. The County is requiring a "Letter of No Objection" from Time Warner Cable based on the fact that you cenified availability of service at the time that the property was platted in 1994. Please sign below and return this original letter to our office. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, WILKISON & ASSOCIATES, INC. ~/~ Ones N. Wilkison, P.S.M. Vice President -- JNW /sg Enclosures cc: Collier County Government - Engineering Review Services Collier County Government - Transportation Services _~~iF--OO Print Name ]'<02 - ~ 0 Date AGENDA ITEM No. 1'1 ^ . 43-80li 2 4 2000 C.\W A. Fil \00 fu>jedsI0002\C d '\.OQQVl ell for l)Ulity L<tt# ofN Obj . do<: 3506' EXCHANGE:- AVE.. N~S. n"'34 I U40QU 94 1.643-L404 0 ""94'1-643-6752 FAX 941 DAVID S. WILKISON. P.E JAMES N. WILKISON. P.S.M. HORACE A WILKISON. .L.S ~~.T.) /rfl. Recy eo I"'uper W ;.. ~ r.l ll. ~~ ll.r.l ;J~ 00 r..Q r..~ g.. ~~ <r.l ...lU r.l~ ~~ ll. ...l ...l - = f\I o II - Q (.) I- S J- III \J ill lJ: :t ')\(1 0 \0 0 V) 0- V) N - - - - - ,.... 0 0 ,.... 0 \0 '<t \0 0- I"- ,.... I"- ,.... I"- 0- 0 Il. 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Z tIl ;>; ;>; ~ ~ ~ u< >; i:i ::l - ::l ::l .~di:$ E-< :I: :I: <= :I: 5 :I: :I: ~ 5 ., ~ ::l ::l ::l '" - .... .... .... .... .... ~~ -< <= a ..s 0 ..s 8 ..s 0 ..s 0 ..s 0 .~ '" ~ ~ u u u u '" ..- ..1 0 ., ~ 5 '" :. "' .... "' .... "' .2 t;i .2 "' ] <= t:: g ., "t:J - ~ - ~ - _. - '" \ 'i? - 'E '" E ~ ~ ~ ~ :E :g ., ~ l~rD :s '" <= '0 '0 (3 - - ~ .ro ., ., :s '" 0 ;;; '" 0 0 -< co co co u u ~ 0 :I: u :I: u ::r: u :I: u :I: U .....:i ..~ UO OCT 2 4 2000 PI. ~ WILKISON & ASSOCIATES CONSULTING ENGINEERS AND SURVEYORS Ms. Eva Deyo, Interim Director Immokalee Water & Sewer District 1020 Sanitation Road Immokalee, Florida 34142 WO#0002 , )IE(?~~f?1fJ~ni) nu MAR (i ? J~/Df ImmtliUlJee II,.; " i!J FI,:;:c;t nMarch 1, 2000 RE: Request for "Letter of No Objection" Vacation of Fishbranch Little Acres Plat lo)~@~EW~~ ~ MAR 2 2 2000 . Dear Ms. Deyo: We are currently preparing documentation to submit to Collier County for the vacation of the Fishbranch Little Acres Plat. A copy of the plat is included for your reference. The County is requiring a "Letter of No Objection" from Immokalee Water & Sewer District based on the fact that you certified availability of service at the time that the property was platted in 1994. Please sign below and return this original letter to our office. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, Wll..KISON & ASSOCIATES, INC. L~J?' fa:ne:N: Wilkison, P.S.M. Vice President JNW/sg Enclosures cc: Collier County Government - Engineering Review Services Collier County Government - Transportation Services I have no 0 e proposed vacation. -~fo ~ . AGENDA ITEM No. /7 /) C:\WAfileo\OO!'r<!icc1s1OOO2IC<>r=1.ondcnce\poQ:l.R.cqucslforUilityL<ttc<ofNoO"ea;,CI)<io< OCT 2 4 2000 3506 EXCHANGE: AVE.. NAPL1:S. FL 34104 941.643-2404 ~ '141-643.6752 FAX 9 1.643-5173 DAVID S. WILKISON. PE. JAMES N. WILKISON. P.SM HORACE A WILKISO . P.L.~l<LT) /,y" Signa r , Recycled Paper ~ ." "\" VAc 00-010 ..... ,,' ..... , t'=....... . -.'" ~. OF AD VALOREM TAXES AND NON-AD 3% IN DEC 2% IN JAN 1% 7. 9 7.37 AUTHORITY I t ,'. . '~- . '. \, "\ . 1999 COLLIER COUNTY NOT1CE :COUNT EARNED 4% IN NOV 7.22 AMOUNT :SSEO ;RI ~BLE MlllRATt 3.5413 5.1640 2.5960 ./l503 .5620 2.0000 .0420 14.7556 RATt ptR AD VAlOREM TAllS 1 . III COUNTY 2 . 63 SCHOOL. STArE 1.32 SCHOOL. lOCAL CITY . }l4 DEPEHOENT . 2/l WATtUGT. 1 . 02 'HOEP. SPECIAL . 02 votta APPR. OUT. 7.52 NON.AD VALOREM ASSESSMENTS ROADS WArER/SEWER COMM. IMPROVE. GARBAGE ROPERTItO' 32445000154 lEGAlOUC. ISHBRANCH LITTLE ACRES PH 1 TRACT 1 0000032445000154 0000000752 0000000000 00000 4 . . COMBINED TOTAL .. t~DU~CATE' "l, VALOREM ASSESSMENTS IN FEB 0% IN MA~ .44 7. PAY IN U.S. FUNDS DRAWN ON A U.S. BANI TO: 5 1 1 2 2 1 5 17 COLLIER COUNTY TAX COLLECTOR COURTHOUSE COMPLEX. BUILDING C'1 NAPLES. FLORIDA 34112..\997 MILL CODE ESCROW CODE PRICE, WILLIAM G 3702 LAKE TRAFFORD RD IMMOKALEE FL 34142-2529 PAID - 99/12/30 7.29 REC. \ 1550.23 GUY L.~CARLTON - TAX COLLECTOR AGENDA ITpoI No. /712. OCT 2 4 2000 . PI, I~ ;.- f-< ll'. '" "" ~~ ""'" lH ,RO Q :z: -< ~..l ~~ -<'" ..l~ "'... ~~ "" :1 - III ~, ,/ I o N - JJ. Q 0 I N B ~ IJ JJ.I l:[ :r ) \1\ . . on on 0 0\ on on 0 on 0 \0 on on l"- \0 \0 0 N \0 \0 0 \0 0 0\ \0 \0 - ~ '<t '<t '<t on '<t '<t '<t '<t '<t '<t '<t '<t 00 N N N N N N N N N N N N N N , , , , , , , , . , , , , N N N N N N N N N N N N N '<t '<t '<t '<t '<t '<t '<t '<t '<t '<t '<t '<t '<t - - - - - - - - - - - - - '<t '<t '<t '<t '<t '<t '<t '<t '<t '<t '<t '<t '<t M M M M M M M M M M M M M lr;l ~ ~ ....1 ....1 ....1 ....1 ....1 ....1 ....1 ....1 ....1 ....1 ....1 ti ....1 [I.l l1.. l1.. l1.. l1.. l1.. l1.. l1.. l1.. l1.. l1.. l1.. l1.. 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Iii '" ;:;s 0 [I.l ~ '" '" .:: ::s ;:;s Cl: '" a 'C 'C ~ .... ;:;s .:: '" I:!:l ~ ~ ~ l1.. ~ 0 cj 0 ;:;s ~ ~ '" 0 ...; ~ 0 :J u ~ ~ :8 ~ ~ ::s ~ '" ....., .~ <l) '13 '" a ~ <l) .~ ~ ....., a <l) "5 > <l) e.n ~ <l) ~ ij - ~ ~ '" <l) .s '" 0 -< -< 0 0 u 0 .... ....., ....., ....., ....., [I.l l1.. ....., lr;l ;:;s -< z ~ .... <l) [I.l 's N N - -< <l) <l) '" ...< e 0 6b 6b .~ N .5 '6 .~ s- ~ <l) - .9 'C 'C ~ ..<:: 5 ~ <l) - u ~ 0 0 " 0 ~ ~ '" .:: a -; ~ ~ ;:;s ;:;s z 'C 0 0 0 '0; ;; ;; ~ ~ ~ ~ r/.l r/.l > .... .... o .... ll, . .. g '0 E i o i e .. c u u ~ < L ~.5 ~i .... . n ~ ~ i: e 0 .. ~ ~;!! l(l~ :11~A UO OCT 2 4 2000 PI. / to L " - . \ V;qc 00-010 DUPLICATE 1999 COLLIER COUNTY NOTICE Of AD VALOREM TAXES AND NON-AD VALOREM AS ESSMENTS COUNT EARNED 4% IN NOV 3% IN DEC 2% IN JAN 1% IN fEB 0% IN mo RI 41,250 40,734 3.5413 5.1640 2.5960 .8503 .5620 2.0000 .0420 14.7556 1.83 2.66 1.34 .44 .29 1.03 .02 7.61 Mill RATE AMOUNT AUTHORIn All VALOREM TAXES COUNTY SCHOOL. STATE SCHOOL, LOCAL CITY DEPENDENT WATER MGT. IHOEP.SPEClAl VOTER APPR. DEIT. 'LE RATE PER NON.AD VALOREM ASSESSMENTS ROADS WATERJSEWER COMM. IMPROVE. GARBAGE OPEftTY 10 . EGAlDESt. 32445000455 ISHBRANCH LITTLE ACRES PH 1 TRACT 4 COMBINED TOTAL 0000032445000455 0000000761 0000000000 00000 4 PAY IN U.S. FUNDS DRAWN N A U.S. lANK TO: COLLIER COUNTY TAX COLLECTOR COURTHOUSE COMPLEX. BUILDING C.1 NAPLES, FLORIOA 34112-4997 5 1 1 2 2 1 PRICE, WILLIAM G 5 3702 LAKE TRAffORD RD 17 IMMOKALEE fL 34142-2529 Mill CODE ESCROW CDDE . PAID - 99/12/30 7.38 RECI 1552.23 GUY L. CARLTON - TAX COLLECTOR ~ .........:;;;;;,qj~:t:;~f:!:iiiiftt.W~f:;~~B<.N:.:.;2r:}::\;~~;~~ii~~~trj:~i:::.;s.~.:}f~j;:tgilitJf2i1.i;iN!>Wf!J;it11&i2!t~:.:::;M]}:::":.';.' - .._____-...~.~.iJ,..:.~~__~.....~'_A~'S"'O"'; -:,--' ~"""" ---- -'nUPLICATE--- 1999 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM AS ESSMENTS ;COUNT EARNED 4% IN NOV 3% IN DEC 2% IN JAN 1% IN FEB 0% IN MA ESSED ;RI V l E MILL RATE 41,250 40,662 3.5413 5.1640 2.5960 .8503 .5620 2.0000 .0420 14.7556 AMOUNT _ AUTHORITY A AD VALOREM TAXIS 2.0/! CDUNTY 3 . 0 4 SCHDDL. STATE 1 . 53 SCHOOL. LOCAL CITY . 5 0 DEPENDENT .33 WATERMGT. 1 . 18 tHDEP. SPECIAL . 02 VDTERAPPR. DEBT. /!.6/! ABLE RATE Pal HDN,AO VALDREM ASSESSMENTS ROADS WATERiSEWER COMN. IMPROVE. GARBAGE PRDPERlYlO' 32445000552 LEGALOESC. ISHBRANCH LITTLE ACRES PH 1 TRACT 5 0000032445000552 0000000868 0000000000 00000 b # COLLIER COUNTY TAX COLLECTOR COURTHOUSE COMPLEX. BUILOING C.1 NAPLES, FLORIOA 34112-4997 5 1 1 2 2 1 PRICE, WILLIAM G 5 3702 LAKE TRAffORD RD 17 IMMOKALEE fL 34142-2529 MILL CODE . ESCROW CODE COMBINED TOTAL PAID - 99/12/30 8.4c REel 1553.23 GUY L. CARLTON - TAX COLLECTOF :/~b OCT 2 4 2000 PI. /9 . . , Y.qc. 00-010 DUPLICATE '9 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM AS ESSMENTS CO~ i EARNED 4% IN NOV 3% IN DEC 2% IN JAN 1% IN FEB 0% IN MAf VAlUE MIU RATt AMOUNT PAY IN U.S. FUNDS DRAWN ON A U.S. BANK 10: 'SSED ;RI 45,075 44,354 3.5413 5.1640 2.5960 .6503 .5620 2.0000 .0420 14.7556 AD VALOREM TAXES 2.56 COUNTY 3.72 SCHOOL,STATt 1 . 67 SCNOOL - LOCAL CITY . 6 2 DEPENOENT .40 WATERMGT. 1. 44 INOEP. SPECIAL . 03 VOTER APPR. om. 10.64 5 1 1 2 2 1 PRICE, WILLIAM G 5 3702 LAKE TRAFFORD RD 17 IMMOKALEE FL 34142-2529 COLLIER COUNTY TAX COLLECTOR COURTHOUSE COMPLEX - BUILDING C-1 NAPLES. FLORIDA 34112-4997 ~aLE MILL CODE ESCROW CODE RATt PER NOH-AD VALOREM ASSESSMENTS ROAOS WATtR/SEWfR COMM. IMPROVE. GARBAGE .. ,OPERTYIO' 32445000251 .'GALOESC. ISHBRANCH LITTLE ACRES PH 1 TRACT 2 COMBINED TOTAL PAID - 99/12/30 10.32 REC- 1554.23 GUY L. CARLTON - TAX COLLECTOR 0000032445000251 0000001064 0000000000 00000 9 . . DUPLICATE 1999 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM AS ESSMENTS SCOUNT EARNED 4% IN NOV 3% IN DEC 2% IN JAN 1% IN FEB 0% IN Mt V L E MllllU.TE AMOUNT AUTHORITY # PAY IN U.S. FUNDS DRAWN ON A U.S. BANK TO: AD VAlOREM TAXES COLLIER COUNTY TAX COLLECTOR 1.63 COUNTY 5 2.66 SCHOOL- STAn 1 COURTHOUSE COMPLEX - BUILDING C-1 1.34 SCHOOL. LOCAL 1 NAPLES. FLORIDA 3411204997 CITY .44 DEPENDENT 2 Mill CODE ESCROW CODE .29 WAnH MGT. 2 1.03 IHDEP. SPECIAL 1 PRICE, WILLIAM G .02 VOTtR APPR. DEBT. 5 3702 LAKE TRAFFORD RD 7.61 17 IMMOKALEE FL 34142-2529 ,ESSED GRI 41,250 40,734 3.5413 5.1640 2.5960 .6503 .5620 2.0000 .0420 14.7556 (ABLE . NON.AO VAlOREM ASSESSMENTS RDAOS WATtR/SEWER COMM. IMPROVE. GARIAGE RATt PER PROPERTY 10. 32445000356 LEGALDESC. ISHBRANCH LITTLE ACRES PH 1 TRACT 3 COMBINED TOTAL PAID - 99/12/30 7.3, REC- 1551.23 GUY L. CARLTON - TAX COLLtCTO: ~0032445000356 0000000761 0000000000 00000 2 I " AGENDA ITEM No. /}'.jj . OCT 2 4 2000 PI.~ 1 RESOLUTION NO.- 2 3 PETITION VAC-OO-OIO TO VACATE THE PLAT OF "FISHBRANCH LITTLE 4 ACRES PHASE ONE", AS RECORDED IN PLAT BOOK 23, PAGES 58, 5 TIIROUGH 59, PUBLIC RECORDS OF COLLIER COUNTY. LOCATED IN 6 SECTION 31, TOWNSHIP 46 SOUTII, RANGE 29 EAST. 7 8 WHEREAS, pursuant to Section 177.1 0 I, Florida Statutes, Wilkison and Associates Inc., as agent 9 for the petitioner, William G. Price, does hereby request the vacation of the plat of "Fishbranch Little Acres 1 0 Phase One" as recorded in Plat Book 23, Pages 58 through 59 Public Records of Collier County, Florida; and 11 WHEREAS, the Board has this day held a public hearing to consider vacating said plat as more fully 12 described below, and notice of said public hearing to vacate was given as required by law; and 13 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 14 convenient access of other property owners. 15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 16 COLLIER COUNTY, FLORIDA, that the following is hereby vacated: 17 The plat of "Fishbranch Little Acres Phase One" as recorded in Plat Book 23, Pages 18 58 through 59, Public Records of Collier County, Florida. 19 20 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified 21 copy of this Resolution in the Official Records of Collier County, Florida, and to mak:e proper notation of 22 this vacation on the recorded plat as referenced above. 23 This Resolution adopted after motion, second and majority vote favoring same. 24 25 26 27 28 29 30 31 Approved as to form and legal H ~d'~~ 35 M6i,.i Sel:l~8ti. ~\C41 G- Wn lT€.- 36 Assistant County Attorney DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J, CONSTANTINE, CHAIRMAN -'" AGENDA n'EM No. /7 D OCT 2 4 2000 PI. l1