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Agenda 11/28/2000 R COLLIER COUNTY .BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 28, 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 ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED 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 TAMIAM! TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. I. INVOCATION - Pastor Jim Nite, Grace Bible Church 2. PLEDGE OF ALLEGIANCE A. Swearing-In of New Commissioners by Judge Brousseau. 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. I November 28. 2000 C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. October 24, 2000- Regular Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation designating December 1, 2000 as "Worlds AIDS Day 2000". accepted by: Ms. Andrea Taylor, from Planned Parenthood and Russell Fox. B. SERVICE AWARDS Five Year Attendees: 1) John Biedenharn, Solid Waste- $ Years 2) Michael Berrios, Information Technology- 5 Years 3) Douglas Church, Wastewater- 5 Years 4) Della Mitchell, Library- 5 Years 5) Karen Clements, Building Review- 5 Years Fifteen Year Attendees: 6) Danny Morris, Ochopee Fire Control - 15 Years 7) David Weigel, County Attorney - 15 Years 8) Cynthia Long, EMS Billing - 15 Years 9) Barry Getlack, Utilities/Wastewater- 15 Years Twenty Year Attendees: 10) Beato Guerra, Road & Bridge - 20 Years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. B. Request by Kirk Sanders for Public Petition to discuss an after-the-fact Variance No. V2000. To be Request by First Assembly of God Church, Michael Davis of Signcraft; and William Hoover of Hoover Planning & Development to have the BCC consider directing the County Long Range Planning Staff to amend the Future Land Use Element. 8. COUNTY MANAGER'S REPORT 2 November 28, 2000 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) THIS ITEM HAS BEEN CONTINUED TO THE DECEMBER 12~ 2000 MEETING. Consideration of an alternative road impact fee calculation for a self-serve car wash facility in lmmokalee. 2) Approve a resolution to establish a policy to consider requests to release County liens assessed on privately owned property which has been donated to non-profit agencies for affordable housing. B. TRANSPORTATION SERVICES 1) Adopt a resolution authorizing the acquisition of !and by condemnation of fee-simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage, maintenance, noise abatement interests and/or temporary construction interests by easement for the construction of the six-laning roadway improvement for Livingston road project between Golden Gate Parkway and Pine Ridge Road Project, ClE No. 52. 2) Approval of the recommended management entity for the purpose of providing Collier ' County area transit system service and support as identified in RFP #00-3146 and authorization for the Transportation Administrator or the Transportation Planning Director to enter into, modify or terminate a contract with the selected management entity. 3) Approve contract for professional engineering services by RWA, Inc., for Golden Gate Parkway six-laning design from Airport Road to Santa Barbara Boulevard, Project No. 60027. C. PUBLIC UTILITIES D. PUBLIC SERVICES E. SUPPORT SERVICES 1) Request BCC affirmation of support for financial management system replacement project. F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Recommendation that the Board of Collier Count)' Commissioners consider supporting the Florida Association of Counties efforts to organize to propose that Florida be allowed to use post-census local review and call centers to improve the Census 2000 information. H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10) BOARD OF COUNTY COMMISSIONERS A) Appointment of Commissioner to the Southwest Florida Regional Planning Council.. B) Appointment of members to the Environmental Advisory Council. 11) OTHER ITEMS A) OTHER CONSTITUTIONAL OFFICERS 3 November 28, 2000 B) COMMUNITY REDEVELOPMENT AGENCY C) PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12) ADVERTISED PUBLIC HEARINGS - BCC A) COMPREHENSIVE PLAN AMENDMENTS l) THIS ITEM WAS CONTINUED FROM THE OCTOBER 24~ 2000 MEETING. Petition CPSS-2000-1, Dwight Nadeau of McAnly Engineering and Design, Inc., representing Carmen Call, 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". B) ZONING AMENDMENTS l) Petition PUD-95-02(I) Steve Loveless of Palm Foundation, Inc. requesting a rezone from its current zoning classification of "PUD" Planned Unit Development known as Bailey Lane PUD to "PUD" in order to reduce the front and rear yard setbacks for single family dwellings as well as the distance between structures and the rear yard setback for accessor)' structures. The subject property consists of 24.76 acres and is located on Bailey Lane off Airport Pulling Road in Section 23, Township 49 South, Range 25 East, Collier Count)', Florida. 2) Petition PUD-99-25 David E. Crawford, AICP of Vanesse and Daylor, LLP, representing John and Dora McMullen, requesting a rezone from its current zoning classification of Rural Agricultural to "PUD" Planned Unit Development to be known as Hammock Park of Commerce PUD for a commercial retail and office development. The subject property is an undeveloped 18.15 acre parcel located on the east side of Collier Boulevard at the terminus of Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. 3) THIS ITEM WAS CONTINUED FROM THE OCTOBER 10, 2000 MEETING. Petition PUD-2000-09 Brad Healrich, P.E. of Hedrich Engineering Inc., representing Meridian Land Co. requesting a rezoning for property currently zoned "A" Rural Agricultural, "RSF-Y' Residential Single Family and "ST" Overlay to "PUD" Planned Unit Development to be known as Madeira PUD for a maximum of 436 residential dwelling units for propert), located on the west side of Livingston Road, approximately ~A mile north of lmmokalee Road (C.R. 846), in Sections 13 and 24, Township 48 South, Range 25 East, Collier County, Florida, consisting of 145.93 +/- acres. C) OTHER 1) Board approval of Budget Amendment 99-328 as relating to fire plan review fees. 2) Adopt an ordinance creating the Pelican Bay dependent district and dissolving the Pelican Bay MSTU. 13) BOARD OF ZONING APPEALS A) ADVERTISED PUBLIC HEARINGS 4 November 28, 2000 1) THIS ITEM WAS CONTINUED FROM THE OCTOBER 24, 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 approval of the SDP (November 12, 1998). SDP-98-40 authorized the development of a 76- unit multi-family project on Book Y, Tract 1, Goodland Isle Subdivision (Plat Book 6, Page ?). 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. !f 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) This item has been deleted. 2) To approve a resolution endorsing the Pace Center for Girls, Inc. as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. 3) Lien Resolution-Code Enforcement Case Numbers; 90107038/Kendall, Sheryl; 90107041/Kendall, Sheryl; 90107042/Kendall, Sheryi 4) Lien Resolution-Code Enforcement Case Numbers; 1999050782/Richard Vetter; 1999060912/Stuart O. Kaye TR; 1999051395/Mimon Baron; 1999050574/LaRue; 1999080428/Henry Crawford 5) Lien Resolution-Code Enforcement Case Numbers: 1999040928/Asbell, John; 1999040927/Asbell, John; 1999090445/EMC Holdings; 1999090604/Catete, Jose & Lucila, 1999090559/Torres, Gerado & Criselda 6) Final Acceptance of water and sewer utility facilities for the Carlisle A/K/A The Colon),. 7) Final acceptance of water utility facilities for Twenty-First Century Oncology Lab. 8) Request to approve for recording the final plat of "Fiddler's Creek Phase A2, Unit Three" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 9) Request to approve for recording the final plat o~f "Majorca at Fiddler's Creek" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 5 November 28. 2000 lO) ll) 12) 13) 14) 15) 16) l?) Request to approve for recording the final plat of "Mediterra Parcel 107" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Tarpon Bay" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of"Eden at the Strand Replat - !". Request to approve for recording the final plat of"Lot 2 Capri Commercial Center Replat". Request to approve for recording the final plat of"Pebblebrooke Plaza". Recommendation that the Board of County Commissioners approve Workorder WM1 - FT ~ - 01-01 within Contract 99-2981 with WilsonMiller for fixed term Land Surveying and Photogrametric Services. Request to approve for recording the final plat of "Mahogany Estates", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Bellagio at Fiddler's Creek", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. B) TRANSPORTATION SERVICES 1) This item has been deleted. 2) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests and/or non-exclusive, perpetual, road right-of-way, sidewalk, slope, utility, drainage, maintenance, noise abatement wall interests and/or temporary construction interests by easement for Livingston Road between Golden Gate Parkway and Pine Ridge Road project, C1E No.52. 3) Authorization for Metropolitan Planning Organization Task Order. 4) Recommendation to approve the purchase of one (1) water truck, in accordance with Bid# 00-3157. 5) Approve a donation agreement for a parcel to provide for expansion of the Lely area Stormwater improvement project. 6) This item has been deleted. 7) Recommendation to extend contract #98-2821, contractual services for traffic signals and streetlights. C) PUBLIC UTILITIES 1) Amend Right-of-Way License Agreement with Florida Power and Light Company for 20- inch Radio Road Reclaimed Water Main Extension, Project 74036. 6 Noxember 28. 2000 2) Approve Budget Amendment for final payment for "Odor Control" repairs and modifications completed at the Naples Landfill. D) PUBLIC SERVICES 1) Approve Change Order #5 for Sugden Park Landscape Architectural Services. 2) Approve a Change Order for Max Hasse Community Park, Phase I1 Landscape Architectural Services. 3) Obtain Board Approval for Library to Apply for a Community & Library Technology Access Partnership Grant. E) SUPPORT SERVICES 1) This item has been deleted. 2) Approval of lease agreements with Decaster Capriole Joint Venture and R. Y. R. R., Inc. in order to relocate Transportation Planning and Engineering. 3) Re-Appropriate training funds in the Human Resources Information System Capital Projects Budget. 4) Approve funding for the Agenda Coordinator position in the Department of Public Information. 5) Approve a Budget Amendment to cover costs associated with the production of the "County Highlights" television series. 6) Award of RFP 00-3125 "Annual Contract for Countywide Exotic Vegetation Removal". 7) This item has been deleted. 8) Recommendation to award Bid No. 00-3137 - Annual Agreement for preparation and delivery of title commitments and to authorize staff to identify other additional qualified firms. 9) Authorize the Chairman to execute a revocable temporary license to Florida Power & Light Company that will benefit the installation of electric utility facilities at the Golden Gate Community Center and adopt the necessary resolution. 10) Approval of a First Amendment to Lease Agreement with Billy Boy Carryout, Inc. 11) Approval of the Collier County Group Benefit Plan Health Insurance Plan Document Effective January 1, 2001. 12) Approval of a Lease Agreement between Collier County ("County") and Heritage Square Real Estate, L.L.C. 13) Appropriate funds to complete the Golden Gate Government Services Building and Sheriff's Building improvements. 14) This item has been deleted. 15) Award RFP #00-3109 "Janitorial Services" to Gold{m Mark Florida Corp. and authorize staff to negotiate agreement with selected vendor for annual janitorial services. 7 November 28, 2000 17) 16) Approval to award Bid No. 3166 for the purchase of plumbing parts and supplies used in County repairs and maintenance. 17) Approve Repairs and Unanticipated Capital Improvements for Count)' Buildings. F) EMERGENCY SERVICES G) H) I) J) I) Award Bid #00-3153 for the purchase of budgeted medications for the department of Emergency Medical Services. 2) Award Bid #00-3138 for the purchase of budgeted uniforms for the Emergency Medical Services Department. 3) Approval of a competitive grant submittal for Emergency Management Activities. COUNTY MANAGER AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K) OTHER CONSTITUTIONAL OFFICERS 1) Accept an Article V Trust Fund Grant-ln-Aid of $57,815 from the Office of the State Court Administrator and Authorize Chairman to Sign the Agreement. 2) Authorize the expenditure of funds for the purchase, disassembly, modification and installation of high-density filing equipment for Central Records and Human Resources. L) COUNTY ATTORNEY 1) Approval of the Stipulated Final Judgment relative to the easement acquisition on Parcel 283 in the lawsuit entitled Collier Cotttt.ty v. Adalberto A. Herrera, et ai (Golden Gate Boulevard Project). 2) Authorize the making of an Offer of Judgment to Defendants, Garrett F.X. Beyrent and Teryl H. Brzeski, for Parcel 99/915 in the amount of $2,400.00 in the lawsuit styled Collier CounO, v. Anthony D'Antuono, et aL, Case No. 91-3983-CA. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: I) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A) Petition DRI-99-3, Alan D. Reynolds of Wilson, Miller, Barton & Peek, Inc., representing Collier County Board of County Commissioners, requesting Development of Regional Impact (DRI) approval for existing and new government office buildings for property located at the northeast 8 Noverhber 28. 2000 quadrant of Tamiami Trail (U.S. 41) and Airport-Pulling Road (C.R. 31) in Section 12, Township 50 South, Range 25 East, Collier County, Florida. B) Petition PUD-2000-02 William Hoover of Hoover Planning and Development, Inc. representing Mark L. Linder, Trustee, requesting a rezone from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development to be known as Hibiscus Village PUD for a residential development. The subject property is an undeveloped 57.82 acre parcel located on the west side of Collier Boulevard approximately ~ of a mile north of Vanderbilt Beach Road in Section 34, Township 48 South, Range 26 East, Collier Count)', Florida. c) Petition CU-2000-12 James McCord, representing American Dream Builders, Inc., requesting a Conditional Use for a model home in the "E" Estates Zoning District for property located at 4050 13th Avenue S.W. in Section 15, Township 49 South, Range 26 East, Collier County, Florida, consisting of 5.0 acres. D) Petition R-2000-3, Steve Morgan, Morgan and Associates Consulting Engineers, lnc., representing M.B. Morgan and R.E. Shaffer, requesting a fezone from RT to C-3 for property located at the corner of U.S. 41 and Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.38 +/- acres. E) Petition PUD-2000-14 William L. Hoover, AICP, of Hoover Planning and Development, lnc. requesting a fezone from "A" to "PUD" Planned Unit Development to be known as Brittany Bay Apartments PUD for a multi-family development of 128 affordable housing units and 350 standard residential units on property lying on the west side of Collier Boulevard (C.R. 951), approximately 4/5 mile south of Immokalee Road in Section 27, Township 48 South, Range 26 East, consisting of 58.6 acres. 18) ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 9 November 28, 2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING NOVEMBER 287 2000 ADD: ITEM 10(C): Consideration of obtaining the old ice house building from the Naples Airport. (Requested by Commissioner Carter.) MOVE: ITEM 16(B)2 to 8(B)4: Adopt a resolution authorizing the acquisition of land for Livingston Road between Golden Gate Parkway and Pine Ridge Road project, CIE No. 52. (Staff request.) MOVE: ITEM 17(D) TO 12(B)4: Petition R-2000-3, Steve Morgan, Morgan and Associates Consulting Engineers, Inc., requesting a rezone from RT to C-3 for property located at the corner of US 41 and Barefoot Williams Road. (Requested by Commissioner Fiala.) CHANGE: ITEM 8(B)2: Change in wording of Executive Summary regarding Recommended Management Entity for the Purpose of Providing Collier County Area Transit System Service and Support as Identified in RFP #00-3146. (Staff request.) NOTE: PRQCLA&fA TION film ~tobal epidemic of ~ infection and 4~D$ ~lui~ a ~ldwi#e ct~Jo~t to inclose communication, education and anJte# a~Jon to ~ film six.a# of ~ ~To/~rt United Naffon~ P~a~amme an Z)~c~mbe~ 1 of ea~ y~a~ a~ Wa~ld /LZ~$ Oay, a day to ~and and str~n~ wo~lol~id~ eHo~to to s~op tl~ ~pr~ad of I~ZV/A_r~5: and, N!t4EREA$, n~t~l ond to tileir families, tio~ of til~ ~ Collier County, take pan 9lobel global challenge, to and to join tl~ DONE AND ORDERED T7~Z$ ~Stil Din/of November, ~OARD OF CO~t'Y CO&~fZ,~.~TONE~5 COI. I. ZER CO~. FLOez-bA ATTEST: ~7/~AfE$ D. CARTER, PII. D. , ~H/LrRAfAN AGENDA ITEM I NOV 2 8 2000 pg,__l -- COLLIER COUNTY MANAGER'S OFFICE November 7, 2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774.4010 Mr. Kirk Sanders P.O. Box 2481 Naples, FL 34102 Re: Request for Public Petition to After-the-fact Variance No, V2000 Dear Mr. Sanders: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 28, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However,' your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a,m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. , If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager TWO:jeb cc:: County Attorney Bob Mulhere, Planning Services Director 'A(3ENDA.13'EM NOV 2 2000 V x~ ~ t.,.7 ~ o .T REOEIVED COUNTY ADMINISTRATORS OFFICE uul' l?zuuO ACTION ,, FILE , , AGEND,~ ITEM No._ ---] 't..y NOV 2 8 20O0 COLLIER COUNTY MANAGER'S OFFICE November 21,2000 William L. Hoover, AICP Hoover Planning & Development, Inc. 3785 Airport Road North, Suite B Naples, FL 34105 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Request for Public Petition to have the BCC Consider Directing the County Long Range Planning Staff to amend the Future Land Use Element. Dear Mr. Hoover: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 28, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas W. Olliff County Manager TWO:jeb cc: County Attorney Bob Mulhere, Planning Services Director AGE'~b~ITEM ""' No._ '--I .i~) NOV 2 8 2000 Mov iS O0 10:36a B. Hoouer (941) 403-9009 _HOOVER pLANNI.,¥G &DEVELOP, MENT2 INC. Rezonings, PUDs, PDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, and Feasibility Studies, Site Plans & Subdivisions November 16, 2000 Mr. Thomas Olliff Collier County ,Manager 330I E. Tamiami Trail Naples, Florida 34I i2 Board of~County Commissioners Agenda for the November 28, 2000 Public Hear'mg Dear Mr. Oliff: We (Rev. David Mallory, of First Assembly of God Church; Michael Davis, of S igncrafi; and William Hoover, of Hoover Planning & Dev., Inc.) are requesting to be placed on the subject agenda under Item 7. Public Petitions. Our request is to have the BCC to consider directing the County Long Range Planning Staff to amend the Future Land Use Element of the Comprehensive Plan in order to allow for the possibility of Affordable Housing Density Bonuses on property within the western half of Section 14 (land west of the Florida Sports Park and east of Collier Boulevard), Township 50S, Range 26E, unincorporated Collier County, Florida. Thank you for assisting us in this matter. Sincerely, HOOVER PLANNING & DEV., INC. William L. Hoover, AICP cc: Rev. David Mallory Michael Davis FIP File #132-a26Olliff No._. -"7 ~'~ i i 3785 Airport Road North, Suite B, Naples, Florida 34105 · Phone: 941-403.8899 · Fax: 941-403-9009 EXECUTIVE SUMMARY APPROVE A RESOLUTION TO ESTABLISH A POLICY TO CONSIDER REQUESTS TO RELEASE COUNTY LIENS ASSESSED ON PRIVATELY OWNED PROPERTY WHICH HAS BEEN DONATED TO NON-PROFIT AGENCIES FOR AFFORDABLE HOUSING. OBJECTIVE: To encourage the development of isolated nuisance lots for affordable housing by providing an incentive for the donation of these properties. CONSIDERATIONS: Recently the County Manager's Office received inquiries from proper~y owners who acquired land through a tax deed sale regarding the possibility of donating such land to non-profit organizations. Currently there are approximately 400 unpaid liens that have been filed by the Code Enforcement Department for weed and litter, vegetation removal, and condemnation case abatement and by the Revenue Services Department for unpaid utilities. Many of these unpaid liens are on the same properties that are delinquent in their taxes. Consequently, a number of these properties become subject to a tax deed sale and are sometimes purchased without the buyer's knowledge of the number of outstanding liens that may be assessed against the property. DOnation of the property becomes attractive to these property owners in cases where the lien(s) on the property exceeds the value of the property. The following policy and procedures have been developed for consideration. Policy: It will be the policy of the County to only consider requests for release of lien that will increase affordable housing opportunities for its citizens. Proposals submitted by not-for-profit (non-profit) organizations will be considered by the County, provided the planned development meets the County's affordable housing goals. For the purposes of this policy, affordable housing shall be defined as housing for persons with household income at 80 percent of median or below (in accordance with current HUD guidelines). Procedures: 1. The County Manager, or designee, will review requests to release liens up to $5,000 per property and make a recommendation to the Board of County Commissioners, as a Consent Agenda item, to release the lien. The request must be submitted in writing and must identify the following: a description of the number of units to be constructed; the targeted population to be served by these unit(s); the proposed selling price or monthly rent; and a description as to how the proposed development will enhance the surrounding neighborhood. 2. Request for release of liens in excess of $5,000 will be submitted for the Board of County Commissioners' consideration as a regular agenda item. A written request must be submitted by the agency including: a description of the number of units to be constructed; the targeted population to be served by these unit(s); the proposed selling price or monthly rent; and a description Os to how the proposed development will enhance the surrounding neighborhood. An executive summary will be prepared identifying the information submitted for the Board's consideration. The Board may choose to release the entire amount or portions thereof. NOV g 8 2000 P{I,;. / 3. If the request is approved by the County (either through the County Manager or Board of County Commissioners), the applicant will execute a contract with the County to ensure that the proposed development is constructed according to the affordable housing guideline or other agreed upon terms. Default on the terms of the contractual agreement with the County will result in the lien amount being repaid to the County. The property must be transferred to the non-profit agency prior to any request to release liens. At no time will the County be obligated to obtain title to these properties as part of this policy. Many of these properties may have multiple liens placed on them by agencies other than the Board of County Commissioners. In these cases, in order to clear title of the property the Board may release its liens and use up to $5,000.00 of State Housing Initiative Program (SHIP) Funds to satisfy the liens placed by other entities. If the liens placed on the property by other agencies exceed $5,000, it will be the property owner's responsibility to satisfy the balance. If a lien is released, the Board may choose to 1) consider the funds expended by the County (the lien amount) a gift; 2) establish an alternative 'fund to repay the lien; or 3) require the petitioner to pay all or a portion of the outstanding lien. At the County Attorney's suggestion, the County Housing and Urban Improvement Department is researching the legalities of using SHIP funds to satisfy Coun.ty imposed liens as well. Staff may not know what the ruling of the Florida Housing Finance Corp and other state agencies is until the next .cycle (within the next six months). If these committees interpret that it is in fact legal, it would reduce the cost to the County to satisfy these liens As previously noted, there are approximately 400 unpaid liens that were filed by the County, some of which have been outstanding for an extended period of time. In some instances the interest which has accumulated plus the principal of the lien exceed the value of the property. In an effort to minimize the time that a lien remains unpaid, Code Enforcement Staff has been working in conjunction with the Revenue Services Staff to develop a process for transferring liens to a collection agency after a designated number of unsuccessful requests for payment have been made. We have recently initiated this process for the liens that have been filed by the County for more than six years. We will be monitoring the success of this procedural change during the next six months. FISCAL IMPACT: Fiscal Impact would vary on a case per case to correct a code violation is $245. This cost includes the actual administrative expenses related to the process. In view of the fact many as five liens recorded against them, the cost to the County The funds expended for abating code enforcement violations Additionally, SHIP funds may be used to satisfy liens imposed by basis. The usual cost to the County charge for the work as well as the that many of these lots can have as could be as much as $725 per lot. are taken from the general fund. other entities. GROWTH MANAGEMENT IMPACT: Approval of this item will further the goal, objectives and policies of the Housing Element. RECOMMENDATION: That the Board adopt a policy regarding previously imposed liens on privately owned property to enhance the inventory of affordable housing in the County, and approve the appropriate Resolution 2000-__ to put that policy in place. PREPARED BY: Michelle Edwards Arnold, Director Code Enforcement Department DATE: // NOV 2 8 2000 3. If the request is approved by the County (either through the County Manager or Board of County Commissioners), the applicant will execute a contract with the County to ensure that the proposed development is constructed according to the affordable housing guideline or other agreed upon terms. Default on the terms of the contractual agreement with the County will result in the lien amount being repaid to the County. The property must be transferred to the non-profit agency prior to any request to release liens. At no time will the County be obligated to obtain title to these properties as part of this policy. Many of these properties may have multiple liens placed on them by agencies other than the Board of County Commissioners. In these cases, in order to clear title of the property the Board may release its liens and use up to $5,000.00 of State Housing Initiative Program (SHIP)'Funds to satisfy the liens placed by other entities. If the liens placed on the property by other agencies exceed $5,000, it will be the property owner's responsibility to satisfy the balance. If a lien is released, the funds expended by the County to correct the code violation, which prompted the lien, would be considered a gift if alternative funds are not identified to replenish the fund. At the County Attorney's suggestion, the County Housing and Urban Improvement Department is researching the legalities of using SHIP funds to satisfy Coun.ty imposed liens as well. Staff may not know what the ruling of the Florida Housing Finance Corp and other state agencies is until the next cycle (within the next six months). If these committees interpret that it is in fact legal, it would reduce the cost to the County to satisfy these liens. As previously noted, there are approximately 400 unpaid liens that were filed by the County, some of which have been outstanding for an extended period of time. In some instances the interest which has accumulated plus the principal of the lien exceed the value of the property. In an effort to minimize the time that a lien remains unpaid, Code Enforcement Staff has been working in conjunction with the Revenue Services Staff to develop a process for transferring liens to a collection agency after a designated number of unsuccessful requests for payment have been made. We have recently initiated this process for the liens that have been filed by the County for more than six years. We will be monitoring the success of this procedural change during the next six m,onths. FISCAL IMPACT: Fiscal Impact would vary on a case per case basis. The usual cost to the County to correct a code violation is $245. This cost includes the actual charge for the work as well as the administrative expenses related to the process. In view of the fact thai many of theke lots can have as many as five liens recorded against them, the cost to the County could be as much as $725 per lot. The funds expended for abating code enforcement violations are taken from the general fund. Additionally, SHIP funds may be used to satisfy liens imposed by other entities GROWTH MANAGEMENT IMPACT: Approval of this item will further the goal, objectives and policies of the Housing Element. RECOMMENDATION: .previously impo. sed liens housing in the County. Michelle Edwards Arnold, Director Code Enforcement Department Approve Resolution 2000- which establishes a process to release on privately owned property to enhance the inventory of affordable DATE:' //-/?-- c2p NOV 8 2000 REVIEWED BY' ~__ DATE: -Gre= 1~c7 Director ' HousinbM~.ffd Urban Improvement Department APPROVED BY: _ /, 'DATE: jL~r~' M. Du~nuck III, Interim Administrator munity Development & Environmental Services Division .o. NOV 2~. zooo Pgo ~--..- 1 2 RESOLUTION NO. 2000 - A RESOLUTION ESTABLISHING A POLICY TO CONSIDER REQUESTS TO RELEASE COUNTY LIENS ASSESSED ON PRIVATELY O~VNED PROPERTY THAT HAS BEEN DONATED TO NON- PROFIT ORGANIZATIONS FOR AFFORDABLE HOUSING. 6 7 8 10 WHEREAS, currently there are approximately 400 unpaid liens that have been filed by 11 the Code Enforcement Department; and 12 WHEREAS, many of these unpaid liens are on the same properties that are delinquent in ]3 their taxes and become subject to a tax deed; and 14 WHEREAS, the County Manager's Office has received inquiries from property owners 15 who acquired land through a tax deed sale regarding the possibility of donating such land to non- 16 profit organizations; and 17 WTIEREAS, donation of such property becomes an attractive option when the liens on 18 the property exceeds the value; and 19 WHEREAS, the Collier County Board of Commissioners believes a policy to release 20 liens assessed on privately owned property which has been donated to non-profit organizations 21 for affordable housing is a reasonable option to encourage the development of isolated nuisance 22 lots; and 23 WHEREAS, the Collier County Board of Commissioners also believes this policy will 24 provide an incentive for the donation of such properties lo non-profit organizations. 25 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby adopts a policy to consider requests to release liens assessed on privately owned properly that has been donated to non-profit organizations for affordable housing. The procedure to be followed for submission of a request to release liens is as follows: 1. The County Manager, or designee, will review requests to release liens up to $5,000 per property and make a recommendation to the Board of County Commissioners, as a Consent Agenda item, to release the lien. The request must be submitted in writing and must identify the following: a description of the number of units to be constructed; the targeted population to be setwed by these unit(s); the proposed selling price or monthly rent; and a description as to how the proposed development will enhance the surrounding neighborhood. 2. Request for release of liens in excess of $5,000 will be submitted for the Board of County Commissioners' consideration as a regular agenda item. A written request must be submitted by the organization including a description of the number of units to be constructed; the targeted population to be served by these unit(s); the p~:oposed selling price or monthly rent; and a description as to how the proposed development NOV 2 8 -- I will enhance the surrounding neighborhood. An executive summary will be prepared identifying the information submitted for the Board's consideration. The Board may choose to release the entire amount or portion thereof. 4 3. If the County approves the request, the applicant will execute a contract with the 5 County to ensure that the proposed development is constructed according to the 6 affordable housing guideline or other agreed upon terms. Default on the terms of the 7 contractual agreement with the County will result in the lien amount being repaid Io 8 the County. 9 The property must be transferred to the non-profit organization prior to any request to 10 release liens. I1 At no time will the County be obligated to obtain title to these properties as part of this 12 policy. 13 Many of these properties may have multiple liens placed on them by agencies other than 14 the Board of County Commissioners. In these cases, in order to clear title of the property the 15 Board may release its liens and use up to $5,000 of State Housing Initiative Program (SHIP) 16 Funds to satisfy the liens placed by other entities. If the liens placed on the property by other 17 entities exceed $5,000, it will be the propert)' owner's responsibility to satisfy the balance. 18 If a lien were released, the funds expended by the County to correct the code violation, which 19 prompted the lien, would be considered a gift if ahernative funds are not identified to replenish 20 the fund. 21 BE IT FURTHER RESOLVED, that: 22 The Board of County Commissioners will only consider requests for release of liens that will increase affordable housing opportunities for the citizens of Collier County; and will 0nly consider proposals submitted by not-for-profit (non-profit) organizations, provided the planned development meets the County~s affordable housing goals. Affordable housing shall be defined as housing for persons with household income at 80 percent of median or below (in accordance with current HUD guidelines). This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Dwight E. Brock, Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: o&rt z,, ry Assistant County Attorney EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE ROAD RIGHT- OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE, NOISE ABATEMENT INTERESTS AND/OR TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE SIX-LANING ROADWAY IMPROVEMENTS FOR LIVINGSTON ROAD PROJECT BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD PROJECT, CIE NO. 52. OBJECTIVE: To adopt a Resolution to acquire by condemnation of fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage, maintenance, noise abatement interests and/or temporary construction interests by easement required to complete the six-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52, (hereinafter referred to as "the Project"). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99-13 for CIE #52. On March 14, 2000, the Board of County Commissioners adopted Resolution 2000-78 which authorized the ~'~ 'tcquisition by gift, purchase or condemnation of fee simple or easement interests in property required to complete the four-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52 (hereinafter the "Project"). At that time staff reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they related to the Project. The Board considered these factors and determined that the most feasible location for the additional road right-of-way for the Project was that described in Exhibit A as attached to Resolution 2000-78. Staff has since determined that millions of dollars in state funds will be available for six-laning improvements from the State of Florida Department of Transportation pursuant to the County Incentive Grant Program Agreement, in the event the County chooses to construct six laning improvements to Livingston Road at this time. These funds may not be available in the future. The Project has been designed so as to accommodate the planned future expansion of this roadway into a six-lane facility by constructing the additional two lanes within the median area currently designed for the Project. Staff has considered the costs assc~ciated with the re-design and construction of six-laning improvements to Livingston. After consideration of the cost variables, the safety and welfare considerations, and the environmental factors as they relate to the six-laning improvements, staff has determined that (re-)design and ~ construction of the six lane improvements of Livingston will benefit the public by providing the additional capacity to Livingston Road, and complying with the Transportation and Capital Improvement Elements of the County Comprehensive Plans and reducing the cost to the County's taxpayers of such improvements. ,a,O~D~, I~M No. ~x~ N0¥ 2 8 2000 P~}. / The savings inherent in constructing a six-lane Livingston Road t:** ~ ween Golden Gate Parkway and Pine Ridge Road at this time with state funding assistance will expand the County's funds for future and further ._public projects. Because the current Project design will accommodate a six-lane facility, additional right-of-way from that described and authorized by Resolution 2000-78 is not needed. However, the nature of the property interests to be acquired by the County has changed for a portion of the project to provide for the construction of a sound barrier wall within the proposed fight-of-way along the eastern boundary of the Project between Sta. 178+29.37 and 194+13.69. A description of the property interests to be acquired is more particularly described in the legal descriptions attached to the proposed Resolution as Exhibit "A." Staff has determined that the construction of a wall along these abutting properties will lessen the impacts of the proposed improvements to Livingston Road by lessening both the traffic sounds and visual aspects associated with the proposed roadway. In reaching this determination staff has considered the acquisition costs associated with construction and maintenance of a sound barrier wall, the safety and welfare of the public, the feasibility and alternatives to locating the wall within the described right-of-way and any environmental factors associated the proposed improvements. This Resolution supercedes Resolution 2000-78 approved by the Board of County Commissioners on March 14, 2000, Item 8(b)(5). ISCAL IMPACT' Total acquisition costs are estimated at $1,784,145.00, and includes all land, improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52. However, only an additional $106,857.00 is needed as $1,677,288.00 was allocated for Gift and Purchase. ..unds in the amount of $106,857.00 are available in the Gas Tax Road Construction Fund for the Livingston Road Project Number 60071. Funding source is Gas Tax. Expenditures will occur in FY 00 and 01. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #52. RECOMMENDATION: That the Board of County Commissioners: (1) Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the Project, find that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution; and (2) Adopt the attached Resolution authorizing the acquisition by condemnation of fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage, maintenance, noise abatement interests and/or temporary construction interests by easement required to complete the six- laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road; and (3) Authorize the Chairman to execute the attached Resolution; and (4) Approve any and all necessary budget amendments. AGE.I~, 17M NOV 2 8 2000 PO. 2 Tonl~l~A' l~ott, S~per~isor-- Real Property Management Department DATE: REVIEWED BY: APPROVED BY: No~'n~n Feder,~Ad ministrator Transportation Division Mitch Riley, P.E., Interim-Director Transportation Engineering and Construction Management Department DATE: NOV 2 8 2000 RESOLUTION NO. 2000 A RESOLUTION AU'I~OR~ING THE ACQUISITION OF LAND BY CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE, NOISE ABATEMENT INTERESTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENT INTERESTS FOR THE CONSTRUCTION OF THE SIX-LANING ROADWAY IMPROVEMENTS FOR LIVINGSTON ROAD PROJECT BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD, CIE NO. 52. 6 7 8 9 10 11 12 13 14 15 WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted 16 Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital 17 Improvement Element of the Growth Management Plan in order to establish priorities for the design, 18 acquisition and construction of the various capital improvement projects. The Transportation Element of 19 the County's Comprehensive Plan was adopted in Ordinance No. 99-13; and 2o WHEREAS, the six-laning improvements to Livingston Road between Golden Gate Parkway and 21 Pine Ridge Road is one of the capital improvement projects required under the Transportation Element of 22 the County's Comprehensive Plan; and 23 WHEREAS, the location for construction of the proposed improvements has been fixed by survey 24 and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and 25 incorporated herein; and 26 WHEREAS, after consideration of the availability of alternate routes and locations, the 27 comparative costs of project alternatives, various impacts upon the environment, long r~gc planning 28 options, and public safety considerations, the Board desires to exercise its right to condemn property for 29 public purposes; and 30 WHEREAS, additional state funds from the Florida Department of Transportation will be 31 available in the event the County commences the six-laning of Livingston Road within the current 32 construction project for Livingston Road, CIE No, 52; 33 WttEREAS, the Board of County Commissioners has weighed the prospects of constructing six 34 lanes now as opposed to constructing an additional two lanes in the future; and 35 WHEREAS, the availability of additional funds for this construction will reduce the ultimate cost 36 to Collier County taxpayers of a six-lane Livingston Road facility; thereby expanding the County's 37 financial base for further public projects. 38 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 39 OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of 40 the six-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge PaGe 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 65 67 68 69 7O 71 72 73 74 75 76 77 78 79 8O 81 82 Road, (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT ~S iFtJRTH~R RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project, in pan,cular the availability of state funding for the six-laning improvements; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and/or perpetual, non-exclusive road fight-of-way, sidewalk, slope, utility, drainage, maintenance, noise abatement interests and temporary driveway restoration easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A~', attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolut/on supemedes Resolution 2000-78 approved by the Board of County Commissioners on March 14, 2000, Item 8(b)(5). This Resolution adopted on this __ and majority vote. ATlrEST: DWIGHT E. BROCK, CLERK day of ,2000, after motion, second BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. JAMES D. CHARTER, Ph.D., CHAIRMAN Approved as to form and legaJ, sufficiency: Ellen T. Chadwell Assistant County Attorney Pa~e 2 FEE SIMPLE TITLE EX .HIBrr_A_ SECTION .30, PROJECT: NO. 60071 PROJECT PARCEL N_,.~_O: ~ TAX PARCEL NO. ~ TOWNSHIP 49 SOUTH, RANCE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 159 THE WEST 45.00 FEET OF THE NORTH ONE-HALF (~/2) OF TRACT 11, GOLDEN GATE ESTATES, UNiT NO. 29, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA; CONTAINING 7425 SOUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SKETCH OF PARCEL 159 (NOT A S, URV.E..Y) GREY OAKS P.U.D. (NOT PLATTED) SCALE: I" = 50' 15' PROPOSED R.O.~ t ' 78+00 z~ z~ 180+00 r-20' I:. NG R.O.W. ~'~ I COUNr ' F~'ROJECT NO. 60061 ILIVINGSTC"V ROAD PHASE ONE ~ ~ EAST LINE I ~9~7 ~C~ON LINE AND~ '1 ~4~7 SEC~ 25 ~ST LINE OF~ I SEC~ON 30 I ' ~ '" L ~~5T45' PARceL 159 ~EASEM~NT(PL~T) i s.~. · u.c I I ..... ICOUNTY PROJECT NO. 60061 I LI~NGSTON ROAD PHASE ONE CLUE R. BINFIELD O.R. 536, PC. 14 O.R. 1147, PG. 1211 NORTH 1~2 TRACT GOLDEN GATE ESTATES UNIT; JO. 29 (P.e. 7, Pc. 57) BEAR)NGS ARE BASED ~ ~E FLORIDA STA ~ PLAN CO~ PREPARED BY: ~J~JJ~UNDAGg~ : ~, ,~' ;~Y: JAN DATE: NOV. g. 1999 ~~.~~~.~.~-.~ :~E~ BY: ~A PRO,J~CT NO.: 7~4~ ~~~m~ ~1~ ~0: 7274 ACAD NO: 7274-1 FEE SIMPLE TITLE EXHIt[BIT_ _ Palm. -z, ,,f_ ~"/... SECTION ,.50, PROJECT: NO. 60071 PROJECT PARCEL NO: J,~ TAX PARCEL NO. ~ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 160 THE WEST 45.00 FEET OF THE SOUTH 150.00 FEET OF TRACT 12, GOLDEN GATE' ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF, AS RECORDEl) IN PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 6750 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SKETCH OF PARCEL 160 (NOT A SURVEY) GREY OAKS P.U.D. (NOT PLATTED) SCALE: I" = 50' 15' PROPOSED R.O.W. +94.37 0.00 WEST LINE OFJ"/ SECTION 30 O.R. 556, PG. 14 180+00 SECTION LINE AND '-~ _4_- 4_._4.,37._ "\ SURVEY BASELINE '~ 0.00 '"\ PROPOSED R.O.W. % , RUSSELL BAISLEY PATRICIA M. BAISLEY O.R. 1147, PG. 1211 TRACT SOUTH 150' TRACT 12 GOLDEN GATE' ESTATES UNIT ('P.B. 7, PG. 57) 182+00 EAST LINE OF'-X SECTION 25 k N oo'16'oo"w t 5o' DRAINAGE __ J EASEMENT ('PLAT) VO. 29 O.R. 2056, PG. 2009 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE' SYSTEM, EA.~~O. PREPARED BY: I.~E Vl~ION: 'i ~O~mmmm 8/21/00 BY: """" i~.~;: SCALE: _Z~__~.__.~.0' mmmm I~1~I~ & ~1~ ACNOLI, R.~.M. NO. 5335 ea~aaa DRA~Y: JAN DATE: NOV. 9. 1~99 ~i~) .~..~, ~'~. ~ ~d .~o~ CHEC~D BY:~ PROJECT NO.: 78~1 ~ ~ ~ ~o~, ~ ~ ~ ~ ~ ~ ~ (~'-~ FILE ~0: 7274 ACAD NO: 7~74-2 FEE SIMPLE TITLE SECTION 50, PROJECT: NO. 60071 PROJECT PARCEL ~ TAX PARCEL NO. C TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 161 THE WEST 45.00 FEET OF THE NORTH 180.00 FEET OF TRACT 12, GOLDEN GATE ESTATES. UNIT NO. 29. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA; CONTAINING 8100 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, .SKETCH OF PARCEL 161 (NOT A SURVEy,) GREY OAKS P.U.D. (NOT PLATTED,) SCALE: 1" = 50' 15' PROPOSED R.O.W. 1"', EAST LINE OF-X +44.37 SECTION LINE AND-"X ~o +24.,3, SECTION 25 0.00 -"\ SURVEY BASELINE ~ -0.'-0'~ " ,, ~ ,. I ,~ N 00'76'00"W WEST LINE OF -./ ~ I$0' DRAINAGE SECTION ,.30 ZASEMENT ('PLAT.) ST 45' PARCEL 161 - 7 O.R. 114'7, PG. 1211 TRACT SALVATORE C. GRECH O,R. 2036, PG. 2009 NORTH 180' TRACT 12 GOLDEN GATE ESTATES UNIT N~' 29 (P.B. 7, PG. 57) O.R. 66.3, PG. 18,30 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE :,F~-'t.', EAST ZC~E~. PREPARED BY: ? iiifiB,,,,, I ,..¥ ~D. AGNOL,. R.S:,. NO. mama .CA, ,, - 50 ~~.~~~1~-.~ I ~t~, . UY: ~A PNOJECT NO.: 78~1 FEE SIMPLE TITLE Ex Brr__6_A SECTON 30, PROJECT: NO. 60071 I PROJECT PARCEL 0~ TAX PARCEL NO. TOWNSHIP 4.9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL i62 THE WEST 45.00 FEET OF THE SOUTH 180.00 FEET OF TRACT 13, GOLDEN GATE ESTATES, UNIT NO. 29 ACCORDING TO THE PLAT THEREOF A5 RECORDED IN PLAT BOOK 7. PAGE 57. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 8100 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SKETCH OF PARCEL 162 (NOT A SURVEY) GREY OAKS P.U.D. (NOT PLATTED) SCALE: 1" = 50' F 15' PROPOSED R.O.W. ' 183+oo ~/~z 185+oo EAST LI~E +24.37 SECTION LINE ANO~ ~ ~4.~ ~CnON 25 ~ SURLY BASELINE ~ 0.00 0.00 ~ N 00'~6'00"W SEC~ON 30 PARCEL 162 gASgM~NT (P[~T) ~ST 45' PROPOSED R.O. · ~ O.R. 2036, PG. 2009 TRACT 12 JACK P. BIGELOW BARBARA L. BIGELOW O.R. 665, PG, 1850 SOUTH 180' TRACT 15 TRAC GOLDEN GATE ESTATES UNIT NO. 29 (P.~. 7, PC. 57) O.R. 1565, PG. 2569 1,3 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONEJ .. PREPARED BY: ._/./" ~A~/~A~O[I. R.S.M NO. 5335 Illam ~ ~ ~ SC,LE: ~50' IIlIlI~I. DRA~: J~N DATE: NOV. 9. 1999 ~] a~eem, ~,m, a ~ i~m ~u¢~ my, ~ DDn~eT Nn' 7841 ~ a~ a Ill, Ia ~ ~ ~ ~ ~ II {~l~-Illl ~lI~ ~n. ~O~Z ArAD NO' 7274-~ FEE SIMPLE TITLE SECTION 30, PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. ~ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 163 THE WEST 45.00 FEET OF THE NORTH 150.00 FEET OF TRACT 13, GOLDEN GATE ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA; CONTAINING 6750 SQUARE FEET OF LAND MORE OR LESS; SUBJECT :0 EASEMENTS AND RESTRICTIONS OF RECORD. SKETCH OF PARCEL 16.3 (NOT A SURVEYs) GREY OAKS P.U.D. (NOT PLATTED) SCALE: 1" == 50' +4.37 0,00 WEST LINE OF-/// SECTION 3'0 O.R. 665, PG TRACT GOLDEN ~- 15' PROPOSED R.O.W. ' I 185+00 187+00 EAST LINE OF'-% __ SECTION LINE AND-~ +54.37 SECTION 25 SURVEY BASELINE 0.00 '~\ N O0'16j'OO"W "~ '" WEST 45' PARCEL 16,5 EASEMENT ('PLAT,) PROPOSED R O. W. FREDERICK [ NER JOAN GAF ' ~ O.R. 1565, ~ 2569 15 NORTH 150' ?L :,CT 1.3 GATE ESTATES L? T N 29 (P.e. 7, PG. 57) O.R. 2026, PG. 2197 TRACT 14 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORi , ~ -E ETEM~.gO PREPARED BY: ' 8/21/oo , ~,~ : ~ NO. 5~5 · ~. 5(:A ~:: _~ ~ 50' ~..~t .a~.~, ~.~, a ~.a ~ DR~'~Y: JAN DATE:~OV. 9. 1999 ~~~,--,~~.~m(.~-.~, ?-,~ ~D BY:~ PROJECT NO.: 7841 ~ ~ ~ ~ ~ ~ ~ = ~ ~ (.~ /NO: 7274 ACAD NO: 7274-5 ol FEE SIMPLE TITLE SECTION 50, PROJECT: NO. 60071 I PROJECT PARCEL NO: ~ TAX PARCEL NO. ~ ~t" TOWNSHIP 49 SOUTH, RANGE 26 EAS~%~c~°~°~ COLLIER COUNTY, FLORIDA THE WEST 45.00 FEET OF THE SOUTH 150.00 FEET AND THE WEST 45.00 FEET OF THE NORTH 180.00 FEET OF TRACT 14, GOLDEN GAll ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA; CONTAINING 14,850 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SKETCH OF PARCEL 164 ['NOT A $URVE'~) GREY QAKS P.U,D. ('NOT PLATTED) SCALE: I" = 60' [-- 15' PROPOSED R.O.W. EAST LINE OF-'X +84.37 +54.37 ~ SECTION LINE AND--X O. OO \ N 00'16'00"W I \ \ --" -- SURVEY BASEL,NE '~ SECTION 25 ~ -~-.0~'- '\ WEST LINE OF '-~ I j I$0' DRAINAGE I ,.- SECTION 30 WEST 45' PARCEL 164 J~ASEMENT (PLAT) ..... ~-~OP-&-SEE--R. OT~. --~ -- ' JACOB NAGAR O.R. 2026, PG. 2197 TRACT SOUTH 150' TRACT 74 JACOB NAGAR O.R. 1575, PG. 525 NORTH 180' TRACT 14 GOLDEN GATE (P.B. :STATES UNIT NO. 29 Z, PC. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, E/~..";? ZONE ~5 . PREPARED BY: ~iii~-II~])NDAGI~ii¢, DATE: NOV. 9. 1999 188+00 190+00 DESCRIPTION OF PARCEL 164 FEE SIMPLE TITLE EXH T A SECTON 50, PROJECT: NO. 60071 PROJECT PARCEL ]~Q.[ TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA _DESCRIPTION OF PARCEL 165A THE WEST 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF TRACT 15, GOLDEN GATE ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 57. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 6590 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SKETCH OF PARCEL 165A (NOT A SURVEK) GREY OAKS P.U.D. (NOT PLATTED) F 15' PROPOSEDR.O.W. SCALE: 1" = 50' +84.$7 - O.-O~ --',, 90+ O0 I N 00'16'00"W WEST 30' PROPOSED R.O.W. j JAMES A. BOULTON M. ELISABETH BOULTON O.R. 1241, PC. 492 SOUTH 1/2 OF TRACT 1,5 TRACT 192+oo .... EAST LINE OF-X "'\,,, SECTION 25 '~ t(30' DRAINAGE EA SEMEN T PLA T) c,~ 15 ~ d GOLDEN GATE ESTATES U,,J~T NO. 29 7, PC. 57 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN CO0,; '' S~ :;'M EAST Z ~Of'~ .PREPARED BY: ~ mmmm B~ ~mmmm "f~¢E~ AGNOU. R.S.M. NO. 5335 ~ ~" ~/':~N DA~E: NOV. 9. 1999 ~fmb~l m~m~, ~A~.. a ~ m~. ~ 3Y:~ PROJECT NO.: 7841 ~ ~ ~.~. ~ ~ ~ ~.~ ~-m--~ ,' . 7274 , ACAD NO: 7274-24 t 2: FEE SIMPLE TITLE EXH rr_ _ SECTION 30, PROJECT: NO. 60071 PROJECT PARCEL_NO: ~ TAX PARCEL NO. ~ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF PARCEL 166A THE WE'ST 50.00 FEET OF THOSE LANDS A5 DESCRIBED IN OFFICIAL RECORD BOOK 2007, PAGE ,)52, PUBLIC RECOROS OF COLLIER COUNTY, FLORIDA, BEING A PART OF TRACT t5, GOLDEN GATE ESTATE5 UNIT NO. 29, ACCORDING TO THE PLAT THEREOF AS RECOROED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; CONTAINING 6425 5QUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTION5 OF RECORD. SKETCH OF PARCEL 166A (NOT A SURVEY) GREY OAKS P.U.D. (NO T PLATTED) F' 15, PROPOSED R.O.W. +97.38 0.00 '" N WEST LINE OF-/ SECTION 30 TRAC7 GOLDEN EAST LINE OF SECTION 25 DRAINAGE EASEMENT J(PLAT) ' PARCEL 166A NORTH LINE OF SECTION 25,j TWP. 49 S., RGE. 25 E. 15 GATE ESTATES UNIT NO. 29 (P.B. 194+0C 25 N O0'16'00"W I IWEST 30' PROPOSEO R o iv j - BASELINE PI / - - ' = 194~-13.58/ RONALD L, WILLIAMSON THE LODGINGS OF WYNDEMEREj SECTION ONE (P.B. 13, PGS. 8-12,) I O.R. 2007, PG. 352 I 7, PG. 57) SECT~ONJ30,/ NORTH LINE OF SCALE: 1" ~ 50' 9'39"W ~ JO' DRAINAGE EASEMENT ('PLAT,) O.R. 1205, PG. 992 I I r15' UTILITY AND DRAINAGE EASEMENT j ('PLAT) """'T--SOUTH LINE OF SECTION 19, TWP. 49S., TWP. 49 S., RGE. 26 E. j I RGE. 26 E. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE' SYSTEM, EAST ZON PREPARED BY: I-~J-aJI~J I VI~'~M'. AGNOL!, R.S.U. NO. 53..35 IIIiIL), B~R & . , I,,,,,J~~ I SC^LE: -"-"-"-".".I~u,~,~.,.. ] DR^~ :~- ~TE: ~OV. 9. 1999 ~. ~ .,~ ~.~. ~m ~ ~ , _~,~__.,~-. -, "'~ (.~!)~,-mm i O' 7274 ACAD NO' 7274-25 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MA.TNT. EASEMENT EXHIBIT_ A PROJECT: NO, PROJECT PARCEL ._~ TAX PARCEL NO. SECTION 19, TOWNSHIP ,49 SOUTH, F,;ANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SUF','EY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEl ' SECTION LINE I ~' SEC' -,'V LINE a ~ ~ , . ~ [ SCALE: ! = 80 / ~OS' EXISTING R.O,W. LI~NGSTON ROAD t.d ¢o.R. eo~, PG. ,8,~)!~T~~ L2 5 00'09'38"E 647.02 ~ ~~ oo'o~'~"w xso II I o. oo I ~ BEARINGS ARE BASED ON ~E FLORIDA STA~ PLAN COO PREPARED BY: r'S~M, EAST ~HEET ~F 2 Professionnl e~inee~, plnnners, & lindnurveyo~ ; ,-~V ~ y~ DATE: NOV. 9. 1999 ~,,.. ~.~, ~- ,.. ?*m ~.~ w.~, ..,~; ..~., ~ ~,. {.,~,,?-~,,~ ~ 'Y O BY: ~A PROJECT NO.: 784t EXHIBIT A. ~ to SECTION 19, PROJECT: NO, Q0071 PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF- WAY PARCEL ALL THAT PAR7 OF PARCEL "C" ACCORDING TO THE WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK 13, PAGES $ THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY D~'SCRIBED AS FOL L 0 WS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTrl 00'09'.3~" EAST ALONG THE WEST LINE OF SAID .SECTION A DISTANCE OF 534 41 FEET TO THE POINT OF BEGINNING OF THE PARCEL PIEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH OO'09'.]B" EAST ALONG SAID WEST LINE OF SAID SECTION 19, A DISTANCE OF 64702 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 19, NORTH 72'14'43" EAST 3491 FEET; THENCE NORTH 00'09'38" WEST 5?2.93 FEET, THENCE SOUTH 89'50'22" WEST 7.50 FEET TO THE POINT OF BEGiNNiNG OF THE PARCEL HEREIN DESCRIBED; CONTAINING 4726 5QUARE FEET OF LAND MORE OR [ESS; SUBJECT TO EASEMENTS AND RESTRICTIONS RECORDED. PERPETUAL, NON-EXCLUSIVE ROAD ILIGHT..OF-WAY, DRAINAGE, UTILITY & NLAINT. EASEMENT BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTE'M, EAST ZONC ~ /~O~7 PREPARED BY: SHEET 2 /OF....~ 'Browrow& REVISION: I // mIIaimURUNDA E.~ ] DRA~ BY/~N DATE: NOV. 9. 1999 c .............. , ...., .... , ....... . .....~ .... <-. ........ ] CHECKED.: ~A PROJECT NO.: 7~1 PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. ~ SECTION 19, TOWNSHIP 49 SOUTH, P,/~NGE 26 EAST COLLIER COUNTY, FLOR:."A SKETCH OF TEMPORARY DRIVEWAY RESTORATION E~-CEMENT (NOT A SURVEY.) (S£E SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWA' RESTORATION EASEMENT) 170' F",P. ad.. EASEMENT .._._~/ ("O.R. 640, PG. 232.) 105' EXISTiNG R.O.W. U~NGSTON ROAD COUNTY ROADWAY EASEMENT (O.R. 803. PG. 1843,1 60' BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDI",!A~ · ST---CM, EAST ZONE PREPARED BY: ~HEE7 1 ,L/F .2' ~ ~--~..~'~ 'J'~:~ ~.'~' "~J l~:~:]JJJ . /. 7274 ACAD NO: 7274-50 EXH!! . SECTION 19, PROJECT; NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESGRIP TION OF TEMPORARY DRI VEWA Y RES TORA TION EA SEMEN T A TEMPORARY DRIVEWAY RESTORATION £ASEMENT OVER AND ACROSS ALL THAT PART OF PARCEL "C". WYNDEMERE TRACT MAP. ACCORDING TO THE pLAT THEREOF. AS RECORDED IN PLAT BOOK 13. PAGE5 ~ THROUGH 7. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE REST *[~JART£R CORNER OF SECTION 19. TOWNSHIP 49 SOUTH, RANGE 25 EASE COLLIER COUNTY FLORIOA; THENCE SOUTH 00'09'38" EAST ALONG T~E ~ST LINE OF SAID SECTION 19, A DISTANCE OF 564.41 FEET TO ~[ POINT OF ~[GINNING OF THE EASEMENT HEREIN BEING OESCRIBED; THENC~ C~TINU[ SOUTH 00'09'3~" EAST ALONG SAID ~ST LINE OF ~AID SECTION 19 A DISTANCE OF 153 O0 FEET; THENCE LEAVING SAID ~ST LINE ~ SAID SECTION 19 NORTH 89'50'22" EAST 6Z50 FEET; [HENCE NORTH 00'09'38" ~5T ~63.00 FEET. THENCE SOUTH 89'50'22" ~ST 6750 FEET TO THE POINT OF BEGINNING OF THE EASEMEN r HEREIN DESCRIBED; CONTAINING 11.003 SOUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE' SYSTEM. EAST ZONE ~ PREPARED BY: SHEET 2~F//2 · III Ifil VI~;ICJN: t / i"!11B t OL,. NO. -~'-'--~DI~UNDAGE,~c. ~ DRA ElY: DA~E; NOeL 12. 1999 ¢.,..r.,.~..~ .~,,.....,, .. u, ~ .... ~ a~,~,..: <.~-u,a [ FILE NO: ~274 ACAD NO: 7~74-30 / PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MAINT. EASEMENT EXHIBIT PROJECT: NO. 60071 PROdECT PARCEL ~Q: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA $KETCH (SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGHT-OF-WAY PARC£i, OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) LIVINGSTON ROAD COUNTY ROADWAY ~]J~ EASEMENT (O.R. 803, PG. ~8#3) ~ ~ ~, +80.36 -~- 0'.... BEARINGS ARE BASED ON 7NE FLORIDA STATE PLAN COORDINATE PREPARED BY: !t!!i ou RU NDAGE,,,~, EAST SCALE: 1 ~ = 60' LINE DATA L1 S 00'lY36"E 37.40 L2 S 00'1Y,36"E .308.89 L$ N 12'10'51"E $491 L4 N OO'13'36"W 274.80 ,5 E 89'46'~/ 7.50 . S~(EE,~?t OF 2 __ D!::~'.~ ~3Y: JAN DATE: NOV. 9. 1999 2' ) BY: WDA PROJECT NO.: 7841 ;;: 7274 ACAD NO: 7274-~ z EXHIBIT SECTION 19, PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF- WAY PARCEL ALL THAT PART OF PARCEL "BB" ACCORDING TO THE RE-PLAT OF PART OF WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK 1,~, PAGES ,~9 THROUGH 43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "BB"; THENCE SOUTH 00'15'.36" EAST ALONG THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF ,37.40 FEET TO THE POINT OF BEGINNING OF THE PAR£EL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 00'13',36" EAST ALONG SAID WEST LINE OF SAID PARCEL "BB" A DISTANCE OF ,.t08.89 FEET; THENCE LEAVING SAiD WEST LINE OF SAID PARCEL "BB" NORTH 12'10'51" EAST 34.91 FEET; THENCE NORTH 00'1..1'36" WEST 274.80 FEET; THENCE SOUTH 89'46'24" WEST 7.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAiNiNG 2189 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MAINT. EASEMENT BEARINGS ARE BASED ON TIlE FLORIDA STATE PLAN COORDINATE SYSTEt.,i, EAST PREPARED 13Y: Ilmwm-m~:~ARBER & Ssnnnnn~RUNDAGE,~ BY: ~ I"'~A/~ .~AGNOLI, R.$.M. NO. 5335 SCA~:~ DRA~BY: JAN DATE: NOV. 9, 1999 CHEWED BY: ~A PROJECT NO.: 7841 FI~ N~274 ACAD NO: 727~-~ EXHIBIT PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. ~,~ SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION. EASEMENT (NOT A SURVEY) SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT,) I I / ~ I [ I ~-~ ~ ~ ',' ~ I ~ ~ ~ ~1 , ,~ ~ sc~[: ~-~ ' ' /[ ~ ~ ~ t PAR~L 'BB" lB ~ ~ ~ I ~ ~ ~ BE~RINCS ARE e~D ~ mE F[ORtD~ STA~ PLAN COOROIN, S~'M, EAST Z~[~ In S(. ~' 1" 60' SECTION 19, PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EA..~MENT OVER AND ACROSS ALL THAT PART OF PARCEL ~BB", REPLAT OF PART OF RZYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15. PAGES 39 THROUGH 43. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESGRIEVED AS FOLLOWS; BEGINNING AT THE NORTHif~'ST CORNER OF SAID PARCEL 'BB", THENCE NORTH 89'35'49' EAST ALONG THE NORTH LINE OF SAID PARCEL "BB' A DISTANCE OF 4850 FEET; THENCE LEA~'ING SAID NORTH LINE OF SAID PARCEL "BB" SOUTH 00'~$'36' EAST 51.20 FEET; THENCE SOUTH 5'9'46'24" I,t~ST 48.50 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAIO PARCEL "BB#; THENCE NORTH 00'13'36' WEST ALONG THE WEST LINE OF SAiD PARCEL 'BB" A DISTANCE OF 51.05 FEET TO THE POINT OF I~EGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 2480 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON ?'PIE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONe. .. ~mmm=a~RUND,~Gl~,,,,L D~ BY: JAN OATE: NOV. 12. 1999 en8ineem. planne~'l~, ~' land lt.t~yol'~ ~CKED BY: WDA PROJECT NO.: 7841 /,FILE NO: 7274 ACAD NO: 7274.-31 RF VI ~IC)N-' EXHIIBrr~ PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) I I ,05' [X~S.~~ ,.O.W.I ', 'I ~,I / ~ ~,,~ ~~ .L I, / ~ I ,,~.~ ~-,~ ~~ ~ ~ ---~ ~',',~ ~ 0.00 ~ ~ ~1 ~ ~.o.~.~ ' N- ~ /1~ ~ I ~ ~ ~ ~ ~ I~ ,o,.~,~,.o.~ II~~ ~ J ~ ~ I I / I I~ ~~J ~ ~ ~1 I~ ~1~;';~~,, ~· / I~ ~ ~ ~ I I ~ ~ ~ .I I; ~ I~' ~ =~ ~ I~ I I~, ~ ' '- ~ BEARINGS AR~ eASED ON ~E ~OR~DA STA~ PLAN C~OlN~ S~M, EAST ZONE PREPARED BY: SHEET 1 /~ ~ .oz EXHi Fr A PROJECT: NO. 80071 PROJECT PARCEL NO: ~ TAX PARCEL NO. __ SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS THE NORTH ONE-HALF OF SECi~ON 19, TOWNSHIP 49 SOUTH, RANGE' 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR~CULARL Y DESCRIBED AS FOLLOW'5; BEC.4NNING AT THE NORTHR, EST CORNER OF PARCEL *BB' REPLAT OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, AS RECORDEO IN PLAT BOOK ~3. PAGES 39 THROUGH 43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NI:~TH 00'1,3f'36# I~ST ALONG THE WEST LINE OF SAID SECTION 19 A DISTANCE OF 24.95 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 19 NORTH $9'46'24" EAST 48.50 FEET; THENCE SOUTH 00'13'36~ EAST 24.80 FEET TO AN ~NTERSECTION i,~ITH THE NORTH LINE OF SAID PARCEL 'BB'; THENCE SOUTH 89'35'49' WEST ALONG THE NORTH LINE OF SAID PARCEL *BB" A DISTANCE OF 48.50 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HERON DESCRIBED; CONTAINING 1204 SQUARE FEET OF LAND MORE OR LESS; SUt~JECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYS?EM, EAST ~90. illii"'.!3,,,,,o,.., OR,~IN'BY; JAN DATE: NOV. 12. 1999 enlineem. pl. nnem, · t~nd .ur~yor, ~I/L~KED BY: WDA PROJECT NO.: 7841 ~.~,~,~.*=-~=..~ ~,.,~e,-.~(.,.m,-~-~ ~fi-E NO: 7274 ACAD NO: 7274-32 EXHIBIT_L PROJECT: NO. 60071 PROJECT PARCEL NO: ..~ TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A SURVEY) F--) (SEE SHEET 5 OF .3 FOR DESCRIPTION OF DRAINAGE EASEMENT) SCALE: 1" = 250' SECTlON 24, TO.SHIP 49 50U~, RANGE 25 EAST ~ACT D 256+00 258+ O0 240+00 242+00 - ........ - (O.R. 163, PG. 317) ~ ~ACT "E" ~25' FP~ EASEMENT (O.R. 538, PC. 964) C~NER ~ ~ PROPOSEO I ~ (O.R. 640, PG. 232) [u.~. ~p z, . j ~ +00 98 , , SECTION LINE AND +92.56 EAST LINE OF ' ~ ~ , - ......... ~.- ~ .............. 19- ~ ,~ s oo~'~'~ ~o~.~2 ~ ~. ~ ~~ ,~o' u ~ ~N ~'~5'4~"E ~000 i~P~OPOS~O 30' RO,:. R.O.W., ~ R~PO?~ED ~ ~ ~ ~ ~ _ _ _ ' I D.E., U.E. AND ~' ~ ~ST LINE OFJ ,,, ~ ~ ~ - V ~ ~.u.u. ~ L ~. u~u~ ~s~.. S~C~ON ~_ -- ~' ~ ~ (O.R. 1728, PG. 1535) = ,,, ~ ~ O.R. 588,..PG. 524 ~ . ~ ~ DRAINAGE EASEMeNT / ~ ~ (~0~0) ~ ~ ~ MARIAN HOLL ~ LEWI: ~ ~ ~ ~ z VILLAGE P.L :: ~ MATCHLINE SEE 5HL~; 2 C/ ~ ~ CUR~ TABLE ~ CUR~ DELTA RADIU~ ~ lORD ~EARING CI 26'13'35" 725.00 331.86 3Z- ~7 ~ 77'17'23" E C2 26'13'35" 475.00 217.43 2?::53 ~ 77'17'23" w BEARINGS ARE BASED ON ~E FLORIDA STA~ PLAN CO0~ : ~ YS~M, EAST Z~O. PREPARED BY: 5HE ~_.~ lille :: "~, E: 1" " ~UNDAGE~ ,, -,, ~- DA~: JAN. 26. 2000 ~m~m] ~ ~. a ~a ~ ~: ~ZBY:~ PROJECT NO.: 7841 ' ' ~', :~,: 7274 ACAD NO: 7274-40A EXHIBrr A PROJECT: NO. 600'7' PROJECT PARCEL NO: ..~ TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A SURVEY) (SEE SHEET 3 OF $ FOR DESCRIPTION OF DRAINAGE EASEMENT.) CURVE TABLE CURVE DELTA RADIUS A~C CHORD CHORD BEARING Cl 26'15'55" 725.00 531.86 ,326.97 S 77'17'25" E C2 26'13'55" 475.00 217.45 215.55 N 77'17'25" W SCALE: 1' = 250' N 00'15'$6"W 174. L5 MATCHLINE SEE SHEET 1 OF ,..3 WALLACE L. LEWIS, JR. MARIAN HOLLY LEWIS PROPOSED t. IVtNGSTON ViLLA¢,:E P.U.D. O.R. 588, PG. 524 NORTH-SOUTH QUARTER SEC]~ON LINE% c,: c; a' BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM. EAST ZO~O. _ SHEET ?~'OF ,5 PREPARED BY: mBmB~t~&1~BER & Bill NDAGE~ RF'VII~IC)N; SCALE: 1" ~,,,~50' DRAWN BY~ DATE: JAN. 26. 2000 CHECKED ~Y: ~A PROJECT NO.: 7841 FILE NO: 7Z74 ACAD NO: 7274-40B P~fee~ional enimeera, planners, & land surveyors PROJECT: NO. 60071 PROJECT PARCEL NO: J~ir,~A TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF DRAINAGE EASEMENT "THE FOND" A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PAR' OF THE NORTH ONE-HALF OF SECTION 19, TOIt~ISHIP 49 SOUTH, RANGE 26 EAST. £OLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 'BB" REPLAT OF PART OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK ?3. PAGES 39-43, PUBLIC RECORDS OF COLLIER COUNTY, FL,3RIDA; THENCE NORTH 89'35'49" EAST ALONG THE NORTH LINE OF SAID PARCEL "BB" A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 89',35'49" EAST ALONG THE NORTH LINE OF SAID PARCEL "BB~ AND THE NORTH LINE OF WYNDEMERE TRACT MAP AS RECORDED IN PLAT BOOK 13, PAGES 3 THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 2279.25 FEET; THENCE LEAV1NG SAID NORTH LINE OF SAID WYNDEMERE TRACT MAP NORTH 00'~3'36' WEST 774.13 FEET; THENCE SOUTH 89'35'49" WEST 69'I.70 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHERLY AND HAWNG A RADIUS OF 725.00 FEET; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 26'13'35" AN ARC DISTANCE OF 337.86 FEET TO A POINT OF TRANGENCY; THENCE NORTH 64'10'35~ WEST 475.24 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 475.00 FEET; THENCE NORTHWESTERLY AND WESTERLy ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 26"~3'55" AN ARC DISTANCE OF 217.43 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89'35'4.9" WEST 629.46 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 17.42 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN CO(' PREPARED BY: iiiii .- · Pr,ofe#lonal e~e~, p~, & ~d ~L STEM, S, T 3 OF AGNOLI, R.S,M. NO. 5,.335 ~, N,T.~. ~ Y: JAN DATE: JAN. 2~, 2000 "" ' BY: ~A PROJECT NO.: 7841 ':7274 ACAD NO: 7274-40B PROJECT: NO. 60071 PROJECT PARCEL NO: ~.e"'~ TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A SURVEY.) Y--')'~,~--[::::::=~ (SEE SHEET 3 OF 5 FOR DESCRIPTION OF DRAINAGE EASEMENT) SCALE: 1"= 250' SECTION 24, TOWNSHIP 49 SOUTH, RANGE 25 EAST 2.36+00 238+00 240+00 24*2+00 ~0' FP&L EASEMENT (O.R. 163, PG. 317) TRACT 'E'_ ~-~~_ t25' FP&cL EASEMENT ~ 170' FP~L EASEMENT PROPOSED R~ ~ (O.R. 640, PG. 232) 120' PROPQSED I EAST LINE OF~ t ~ ..... ~ ~ SECTION LINE ANO ~ ~ET LINE OF sEc~oN ~ P.O.C. +192.56 0.00 O.R. 588, PG. 524 NORTHREST CORNEROF SEC710N 19 P.O.B. 6ooo WALLACE L. LEWIS, JR MARIAN HOLLY LEWIS NORTH-SOUTH QUARTER SECTION LINE PROPOSED LIVINGSTON VILLAGE P.U.D. 60' PROPOSED DRAINAGE EASEMENT (CANAL) TRACT D MATCHLINE SEE SHEET 2 OF ..3 eEARIN~S ARE eASED O~ THE ~LORIDA STA~ PLAN COOROINA~ S~S~. EAS~ ~e~/~O. PREPARED BY: 5HEE~ OF 5 J~AY~N.,~. AGNOLJ, R.S.M. NO. 5335 SCALE: 1~'= 250' DRAWN ~'Y: JAN DATE: JAN, 26, CHECKED I~Y: WDA PROJECT NO,: 7841 FILE NO: 7274 ACAD NO: 7274-41A EXHIBIT PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A $URVE ~__ (SEE SHEET $ OF 3 FOR DESCRIPTION OF DRAINAGE EASEME,"', SCALE: 1" = 250' MATCHUNE SEE SHEET 1 OF ] 00'42'56"W 60 O0 O.R. 588, PG. 524 WALLACE L. LEWIS, JR. MARIAN HOLLY LEWIS PROPOSED LIVINGSTON VILLAGE P.U.D. ~WESTERLY R.O.W, L. t-75 (R.o.w. v,~Rt£s) sin. 93 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE PREPARED BY: SC~ :. i. DR' ~,' FILE' I~ STEM, EAST ZON~90. ~"EET Zz.,~F _3 EXI-II_I IT A PROJECT: NO. 60071 PROJECT PARCEL NO: ~ ~ SECTION 19, TAX PARCEL NO. __ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF DRAINAGE EASEMENT "THE CANAL" A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF THE NORTH ONE-HALF OF SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19, THENCE SOUTH 00'15'56" EAST ALONG ~'HE WEST LINE OF SAID SECTION 19, A DISTANCE OF 1..~26.36 FEET TL, THE NORTHWEST CORNER OF PARCEL "BB" ACCORDING TO THE RE-PLAT ~F PART OF WYNDEMERE TRACT MAP AS RECORDED IN PLAT BOOK 15, PAGES 59 THROUGH 4..~. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89'35'49" EAST ALONG THE NORTH LINE OF SAID PARCEL "BB" AND THE NORTH LINE OF WYNDEMERE TRACT MAP AS RECORDED tN PLAT BOOK 13, PAGES 3 THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 2509,25 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 89'35'49" EAST ALONG SAID NORTH LINE OF SAID WYNDEMERE TRACT MAP A DISTANCE OF 258655 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF 1-75, S.R. THENCE NORTH 00'42'56" WEST 60.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 89'}5'49" WEST 258604 FEET; THENCE SOUTH 00'13'56" EAST 5000 FEET TQ THE POINT QF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 356 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE/~. PREPARED BY: $HEE T/~/OF - Br~NoU m~tmn~RUNDAGE,~ fL.////. BY: WXYNE//GNOLI, R.S.M. NO. 5335 SCALE: ~ DRAWN B~./JAN DATE: JAN. 26. 2000 CHECKEDdY: WOA PROJECT NO.: 7841 FILE NO: 727~ ACAD NO: 7274-41B EXHIBIT PROJECT: NO. 6__~ PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (NOT A SURVEy) (SEE SHEET 5 OF 5 FOR DESCRIPTION OF EASEMENT) MATCHLINE SEE' SHEET 2 OF $ o ,, i I05' EXISTING R.O.W. U.N~S;ON ~0~0 ~, EA~MENT BEARINGSARE BASED ON THEFLORIDASTA~ PLANCt r' ~T[;YS~M. EAS PREPARED BY: SHEE~ ~OF ...... teeNou 2/25/00 [~ 1016 00 ~llI~u~,G=~ I 11/15/00 ' ~% ~ JAN DATE: NOV. 9. 1999 ~e~to~] e~m=em, ~m~, a ~nd ~m m I ':~r~"~ BY: ~A PROJECT NO.: 7841 ........... =~ ~ {.]~ J :~.~;0; 7274 ACAD NO: 7274-1gR IORTH LINE OF ''JDEMERE TRACT MAP EXH Brr, A PROJECT: NO. 60071 PROJECT PARCEL NO: _~" TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (NOT A SURVEy) SHEET 5 OF ,5 FOR DESCRIPTION OF EASEMENT) . ~ 120' o . IPROPOSEO R.O.W. SCALE: 1'= '00' u~E o~ SECaO~ (O.R. 1735, PG. 2042) \ EXHIBIT "A- 1" SYSTE~, EAST ZO ~~/9D. 5HEE~ ,Z OF 3 2/25/00 BY: ~ ~o/16/oo wm?5~. ^C~OL,. ,.s.~..o. 5~5 SCALE: 1"~,~ 100' 11/15/00 DRAWN I~: JAN DATE: NOV. g. lgg~ CHECK,~9 BY: WDA PROJECT NO,: 7841 FILE N~: 7274 ACAD NO: 7274-10B MATCHLINE SEE SHEET 1 OF BEARING5 ARE BASED ON THE FLORIDA STATE PLAN COORDINATE PREPARED BY: Profem~ioml e~,t.aeer~ plsunmrs, & land ~rurv~yor~ EXHIBIT Paee,, z? ~f PROJECT: NO. 60071 PROJECT PARCEL NO: , TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF ROAD RIGHT-OF-WAY, DRAINAGE, .... MAIH TENANCE EASEME'*/T A ROAD RIGHT-OF-WAY, DRAINAGe: , ITY AND MAINTENANCE EASEMENT OVER, UNDER AND ACROSS THE Vi~ST ? ~'ET OF THE NORTH ONF :~LF OF SECTION lg, TOWNSHIP 49 SOU'~'' .,;E 26 EAST, COLLIER : ~', FLORIDA; CONTAINING 0,91 ACRE5 OF LA: OR LESS; SUBJFCT TO E'ASEMENTS AND ~':: '. ~' : ~!ON5 OF RECORD. UTILITY AND PREPARED BY: 2/25/00 . _~ SHE~5 OF 5 NDAG~. 11/15/00 )R:. ~Y:yJAN DATE: NOV. 9. 1999 ~e.~ eu~ee~, p~.~, ~ ~ ~ ' :. ED B : ~A PROJECT NO.: 7841 ~.~~~ ~ ~.~ NO: 7274 ACAD NO: 72~4-10B PROJECT: NO. 60071 PROJECT PARCEL NO: _.~P TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COLINTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT ('NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF EASEMENT,) JEAN E, YO{JNGER, AS CO-?RUSTEE o I O.R. 1681. PG. 242 + [" i-~ PROPOSED ALEXANDR,~A P.U.D. I ,- ~~ ~'~' ~ = . ~ I~ i~,~-o~ ~o~o 1~7J ~ , ' ..... C.U.E.) ~1 EXHIBIT "A-I" ~ ~ , ~- BEARINGS ARE BASED ON ~E ~ORIDA STATE PLAN C~RDINA~ PREPARED BY: SYSTEM, EAST Z ,o~,6~ooBY: /5. ~//, '"SCALE/./1~ ~100' DRA~ B~ DATE: NOV. 9. 1999 CHECKE~ BY: ~A PROJECT NO.: 7B41 FILE ~: 7274 ACAD NO: 7274-11 EXHIBIT A PlljJo ~"4 77 PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION QF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAIN TENANC[' ~'A ~EM[N T A ROAD RIGHT-~-WAY, DRAINA~, U~LITY AND MAIN~NANCE EASEMENT O~R, UNDER AND ACROSS ~E ~5T 30,00 FEET ~ ~f 5~ HALF ~ ~E S~ST ~E-~R ~ ~E SOUreST ~E-~AR~R ~ SEC~ 18, TO.SHIP 49 5~, RAN~ 26 EAST, C~LIER C~NTY. FL~IDA; C~TAINING 0.45 ACRES ~ LAND MORE ~ LESS; ~B~CT TO EA~M[NTS AND REStICOnS ~ REC'D. BEARINGS ARE BASEO ON ~E FLORIOA STA~ PLAN COORDINA~ S~M, EAST Z~ PREPARED BY: / SHEET~ OF 2 JJJJJ~ w~ ~GNOLI, ~.S.U. NO. 5335 jJJJi~~'~ ' .... SC,LVJ mlllJi~g)~i~)~ DR~Y:~ DATE: NOV. 9. 1999 EXH_IBIT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO, SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY_) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY F?ESTORATION EASEM£NT) HIWASS£, iNC. (0.~. le95, P~. EAST- WEST--...~ Ce,IE-QUAR TER \ SECTION LINE TRACT D KENSINGTON PARK PHASE ONE ('P.B. 21, PGS. 62-67) TRACT 7 KENSINGTON PARK ~ ~ I ~ ~ ELFRJgDA HOUGHTON 5 ~ ! ~ c~ SUTHERLAND ~~10.R. 2127 PC. 535 ~~ I F.P.,L. EA~MENT ..... I~. F~ PHASE ONE '~ "J (P.a. 21 PCS. 62-67); 20' aUF'FER J ........ (o.~. ~i~P~. ~) PREPARED BY: ~HEET/ ....................... "'" ....-- .... EXHIBIT ^ SECTION 18, PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. -- TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATtON ~ASEMENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT O~R AND ACROSS ALL THAT PART OF THE SOUTH (1/2) OF THE SOUTH [~//2) OF THE NORTHWEST (~/'4) OF THE SOUTHe'VEST (1/4) OF SECTION 18, TO~S~P 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE FAR~CULARL Y DESCRibED AS FOLLOWS; COMMENCING AT THE ~ST ONE-QUARTER CORNER OF 5AIO SECTION 18; THENCE SOUTH 00'09'57" EAST ALONG THE ~T LINE OF SAID SECTION 18, A DISTANCE OF 990 ~4 FEEt TO THE POINT OF BEGINNING OF FHE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 00'09'57" EAST ALONG THE ~ST LINE OF 5A)D SECTION 18, A D~STANCE OF 2741 FEET; THENCE LEA~NC THE ~ST LINE OF SAID SECFION 18, NORTH 89'50'02" EAST 5000 FEET, THENCE NORTH 00'09'57" WEST 2752 FE~T; THENCE SDUTH 89'35'3~" ~ST 5000 FEET TO THE POINT OF BEGINNING OF T~E EASEMEN[ HEREIN OESCRIBED; CONTAINING ~376 5QUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASgM[NTS AND RgSTRtCTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZOO.' PREPARED BY: / SHEE~/--'2 OF 2 ...... ~.u.D^GE.. -1 SCALr/'~ ~ DRA~ BY' JAN DATE: NOV. NO. 5335 NOV. 18, 1~99 784.1 7:~74-35 EXHIBIT A PROJECT: NO. 60071 PROJECT PARCEL ~ TAX PARCEL NO. SECTION 18, TOWNSHIP 4-9 SOUTH, RANGE 26EAST COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTI~,ITY AND MAINTENANCE EASEMENT (NOT A SURVEY) SHEET 2 OF 2 FOR DESCRIPTION OF EASEMENT) + ~ I ~ PROPOSED ~ ~ ~ o u~s~o~ ~o~oI ~ ~ ~ ~ + . ~: PREPARED BY: ' SHEET~ OF 2 ~..'~ ' ' REd,iON: I ~, ~ // l~l[.-a~~ ~ " I ;/A',~, ~GNOLI, R.S.M. NO. RAWt JAN DATE NOV 9 1999 c~ ~ ~ ~, ?~ ..~,.~ ~ .~ ~., ~ .~. (Hi.c-am ' F~ BY: ~A PROJECT NO.: 7841 c~,.~ ~ ~....~ ~ ~.., ~ ~ ~ .~)m-~ ~.~0: Z274 ACAD NO: 7274--12 c 0 EXHIBIT SECTON 18, PROJECT: NO. 60071 PROJECT PARCEL NO: /~ TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT A ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT OVER, UNDER AND ACROSS THE WEST 30.00 FEET OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 9,900 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST iliili],,,.,,,, 10/!6/00 WAY~:4~/,'I~.. AGNOLI, R.S.M. NO. 5335 S C A L E:~Z~_.~.~.~. ' DRAW~,4~Y: JAN DATE: NOV. 9, 1999 CHE~Z~'ED BY: WDA PROJECT NO.: 7841 ' FIL~i"' N O: 7274 ACAD NO: 7274--12 EXHJ! rF A PROJECT: NO. 60071 PROJECT PARCEL TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION F~,SEMENT (NOT A $URVE'~I (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVF:.~' RESTORATION EASEMENT) I ~ ~ I ~ ELrRt£DA HOUCHTON HIWASS£, INC. I ~ ~ . I ~ SUTHERLAND (O.R. 1695, PG. 605) I~~ i~E=~!~ 0.~. 2127, PG. 555 I~ . .~ ONE-OUAR~R~ I~ ~ ~ SECTION LINE ~ ' 'N TRACT D I~"~ rE Sl ~1; ..... SCALE EASEMENT ~ ~ ~ l ......... ~ T ~ i I KENSINGTON PARK PHASE ONE TRACT 7 KENSINGTON PARK PHASE ONE (P.B. 21, PGS. 62-67,)' PREPARED BY: BEARINGS ARE BASED ON THE FLORIDA STAT~ PLAN C~ORDINATE $-2TEM, EAST SHEET )//OF 2 SCA~:__.~ ' . ORA~ BY:~ DATE: NOV. 1~, 1999 CH~CKED ~ PROJECT NO.: 7~i FIL~ NO: ~274 ACAD NO: 7274-36 / EXHIBIT A SECTlON 18, PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIV£WA Y RESTORATION EAS£MENT A TEMPORARY DRIVe'WAY RESTORATION EASEMENT O'VER AND ACROSS ALL THAT PART OF THE NORTH (1/2) OF THE SOUTH (I/2) OF THE NORTHWEST (1/4) OF THE SOUTHWEST (I//4) OF SECTION 18, TOWnSHiP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY OESCRiBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF $AtO SECTION 18, THENCE SOUTH 00'09'57" EAST ALONG THE W~ST LiNE OF SAID SECTION 18. A Dt$TANCE OF 96?.75 FEET TO THE PQINT OF BEgiNNING OF THE EASEMENT HEREIN BEING DESCRibED; THENCE CONTINUE SOUTH 00'09'57" EAST ALQNG THE WEST LiNE OF ~ECT~ON ~B, A DISTANCE OF 2259 FEET, THENCE ~EAV~NG THE ~[5T L~NE OF SAID SECTION IB, NORTH EAST 5000 FEET, THENCE NORTH 00'09'57" ~ST 22.~8 FEET; THENCE SOUTH 89'50'02" WEST 5000 FEET TO THE ~QIN~ OF BEGINN~NO OF THE EASEMENT HEREIN DESCRIBED; CONTAININO I~2~ 5QUARE FEET QF LANO MORE OR 5UBJECT TO EASEMENT5 AND RESTRIChON5 OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE~.. PREPARED BY: SHEET fOP 2 · '""· t /;Z'.,'? '"" ~Y: ~',~,~'~/,"^~'OL,. R.S.U. ~0. 5~5 DRA~~ DATE: NOV. ~8. 1g~9 Profes=ional engineer, plannerl, · land .urveyo~ CHCC~ BY:~ PROJECT NO.: 7841 EXHIBIT A -o z PROJECT: NO. 60071 PROJECT PARCEL~ TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF EASEMENT) EAST ~+ ....:: ,~- '~::. ~ 20, ~L~ PROPOSED R.O.W. LIVINGSTON ROAD g + BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE' SYSTEM, EAST ZONE~. PREPARED BY: $HEET /.~OF 2 ...'i', : · z o~ PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. -- SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 60071 I7O DESCRIPTION OF ROAD RIGH T-OF- WA Y, DRAINAGE, MAIN T~NANC.~ ~ASEMENT A ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT OVER, UNDER AND ACROSS THE WEST .50.00 FEET OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 9,900 SQUARE FEET OF LAND MORE OR LE55; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. UTILITY AND BEARINCS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZO~//~O. PREPARED BY: $Ht 2'2 OF 2 IREVISION: · WAY¢/ . A NOL,. NO. 335 SCALE: ~ ' 0RAWN~B'Y: JAN DATE: NOV, 9. 1999 CHECKjtL~D BY: WDA PROJECT NO.: 7841 FILE ~O: 7274 ACAD NO: 7274-15 engineers, planners, & ]and sur~yorw EXH~IT ~_~_ PROJECT: NO. 60071 PROJECT PARCEL NO: "~TJ TAX PARCEL. NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE SNEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEM£NT) SCALE: ?" = 60' BEA~~~S ~A~ COORO~~A r~ S~STE~, ~S~ Z PREPARED BY: SFtE~F 2 ~BY:~ JA~ DATE: NOV, lB: 199g ~ED BY: ~A PROJECT NO.: 78~1 ~ ~' ~ WEST 264' OF SOUTH 1/2 OF SOUTH ~, , · , OF SOUTHWEST 1/4 OF NORTHWEST ~l~lt;~ .l ......~.., ~:. ~ , ~ ~ ~ ~ : :~: I ',t~ I ~ ,~I ~ ', L'~~ ~ , T AR~ BASED ON ~[ FLORIDA STATE NO: 7274. ACAD NO: 7274-37 NOL[ , BY: z z EXHlI !T_ _. SECTION 18, PROJECT: NO. PROJECT PARCEL NO; TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 60071 DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMEN T A [EMPORARY DRIVEWAY RESTORATION EASEMENT OVeR AND ACROSS ALL THAT PART OF THE NORTH (1/2) OF THE NORTHWEST (1/4) OF THE SOUTHWEST (1/4) OF SECTION 1~. TOWNSHIP 49 SOUTH, RANGE 2~ ~'AST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ~57 ONE-QUARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00'09'57" ~T ALONG THE ~ST LINE OF SAID SECTION 18. A D/STANCE OF 29.91 FEET. THENCE LEAVING T~E ~5T LINE OF SAID SECTION 18. NORTH 89'35'53" EAST 5000 FEET, THENCE NORTH 00'09'57" WES7 29.9~ FEET; TNENCE SOUTH 89'35'53" ~ST 50.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 1495 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BEARINGS ARE' BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONE ~j PREPARED BY: SHEET 2,~ Im~BBB~ SCAL~ N~, ~ ~=~maB~RUNDA E,~: . DRA~~ DATE: NOV, 18. 1999 EXHIBIT A Pio,~ '7"7 PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. NO~c SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESORIPTION OF EASEMENT) O.R. 2127, PG. 53'5 CORNER SEC~ON 18, + I t F.P.&L. EASEMENT 937, PG. 428)..L EAST-WESTj ONE-QUARTER SECTION LINE TRACT D KENSINGTON PARK PHASE ONE (P.B. 21, PGS. 62-67) N SCALE: I" - 100' o o + 120' PROPOSED R.O.W, LIWNGSTON ROAD BY: JAN DATE: NOV. 9. 1999 BY: WDA PROJECT NO.: 7841 7274 ACAD NO: 7274-~4 *~ O~ 2137 PG 9 ~'~ ~ [-~ .I '~--30'UTIL/TYEASEMENT ...... ~:~JJ~-;:=,.~ ; O.R. 172g, PO. 395 ~ ~ ~ I (C.U.E.) , H~SE FAR~ BEARINGS A~E BASED ON ~g FL~IDA STA~ PLAN COORD~NA~ S~, EASiNg 83/90, PREPARED BY: ., SH~T 1 OF 2 '~ D. A~ ..... 5335 ~ = ~o~ EXHI. BIT A PROJECT: NO. 60071 PROJECT PARCEL NO: -J-7_L TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF ROAO RI~HT.~-OF-WA Y, ,ORAINAGE, MAIN TENANCE EASEMENT A ROAD RIGHT-OF-WAY. DRAINAGE, UTILITY AND MAINTENANCE EASEMENT OVER, UNDER AND ACROSS THE WEST 30.00 FEET OF THE NORTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-OUARTER OF SECTION 18, TOW'NSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; CONTAINING 0.45 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTION5 OF RECORD. UTILITy' AND BEARINGS ARE BASEl) ON THE FLORIOA STATE PLAN COORl)INATE SYSTEM. EAST ZO~ PREPARED BY: SHEET ~' OF 2 eaen~U~R9ER & ann m m~EUNI)AG~..~. REVI~It~N: BY: /~ 1o/,.6/oo DRA---~ DATE: NOV. 9. 1999 CHECI~ExB" BY: WOA PROJECT NO.: 7841 FILE ~ 7274- ACAD NO: 7274-I~4. EXHI.BJT A PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. ~ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 5KETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEy) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) WEST 264' OF SOUTH 1/2 OF SOUTH 1/2 % OF' SOUTHWEST I/4 OF NORTHWEST 1/4 ~ / - ~ L4 ~ ~l ~ ~ J fOR. :i3F:, P,'j ~ ~ F.P,~L. EASEMENT ~":,,: PREPARED BY: BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE STEM, EAST zoivk..~9P W~' ~AG~LI. ~S.M. N: SCA~._ ~E ~ 60' ~ . DRA~]~ )~ ~ JAN DATE:~ NOV. 18. 19g: CHEC~'~ ~Y: WDA PROJECT NO.: 784i FILE ' ~ 7274 ACAD NO: 727~-5E EXHiI _IT_ _ PROJECT: NO. 60071 PROJECT PARCEL NO: '7'7',~ TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DE$CRIPTION OF TEMPORARY DRtVEWAY RES TORA TION EA $£MEN T A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL T,dAT PAR~' OF THE WEST 264 FEET OF THE SOUTH (1/2) OF THE SOUTH ('I,/2) OF THE SOUTHWEST (I,/4) OF THE NORTHWEST (7/4) OF SECTION 18, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE ~ARTtCULARLY DESCRIB[O AS FOLLOW5 BEGtNNING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE NORTH 00'15'30" ~ST ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 3009 FEET; THENCE LEAVING THE WEST LiNE OF SA~O SECTION lB NORTH 89'.]5'5.~" EAST 5000 FEET. THENCE SOUTH 00'15'30" EAST 3009 FEET; THENCE SOUTH 89'35'5fi~ WEST 5000 FEET TO THE POINT OF BEGINNING OF THE EASEMENT ~EREIN DESCRIBED: CONTAINING 1505 SQUARE FEET OF LANO MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BEARINGS ARE' BASED ON THE FLORIDA STATE' PLAN COORDINATE SYSTEM EAST~ PREPARED BY: .RHE,~'/7' 2 OF 2 JJJJJ~ ...... I ~ ~AGNOLI, R.S,M. NO. 5535 JJJJJJ~ J SCALE://N.~. ~mmJmm~RUNDAG~,,.,. J DRA~BY: JAN DATE NOV. 18 1999 EXHIBIT SECTION 18, PROJeCt: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. ~~)( TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTIQN OF ROAD RIGHT-QF-WAY, DRAINAGE, UTILITY AND MAIN TENANCE EA SEMEN T A ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT OVER, UNDER AND ACROSS THE WEST 30.00 FEET OF THE WEST 264 FEET OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHW['ST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 9,900 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTION5 OF RECORD. SKETCH OF ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (NOT A SURVEYI 272+00 DOMINIQUE C. RIHS OWNERSHIP 5L;~JJF..CT T.O PUbLiC ROAD RIGHT-OF:-WAY' ~ QWNERSHtF 5U~.!ECT TO ~ ~ CURREHT DEED OF ~ECORD ~ NORTH 3~' EASENENT FOR ~ PUBLIC t~OAD R!~HT.OF.B.:~Y~ ~ [O.R. 13;z, P~. 4o:i) I O.R, 1840, PG. 89~ SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST HIWASSE, INC. (O.R. 1695, PG. 605) SCALE: 1" -, 8'0' 274+00 ~ 276+00 /.- EAST ONE-QUARTER ~ F SECTION LINE AND /CORNER SECTION 13, ~- /SURVEY 8,ASELINE EAST LINE OF"~ /TWO. 49 5., ~,..~ /RGE. 25 E. ~ / +9D.~4 SECTION ~J \ / -~.~o-'-" >,-' N oo'~5'3o"w .~ ~ ~ \ ~ I~O' C.U.E. tt~ t -- ~ t.~0' C.U.C ~ ]O.R. 1729, I L I WEST .'~t)' WEST LINE OF---~ I O.e. 1692, ~ IPG, ,7,95 I I\ \ t -- SECTION 18, _jPG. 1~49 X ~-PARCEL 17Z Xx-pROPOSED CURRENT DEE~ OF RECORD WEST 3(Y EASEHEF~T FOR PUBLIC ROAD RI,,HT.OF.WA Y (O.R, 335, PG. 839} ELFRIEDA HOUGHT~ ~ERLANO ROAD R.O, PROPOSED ARL ING TON PARK P.U.D. ~ND M.E. /-~-EAST-WEST ~'~' / ONe-QUArTER ~ ~ -- SECTION LINE I~ SECTION 18, TOWNSHIP 49 Lt~UTH, RANGE BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYS: ", EA.~ST~ PREPARED BY: ~OU - ~O/16/00 BY: J: .~6 EAST ,o. SCALE:_1, y_.~ ~ ' DRAWN/~¥:., .~AH DATE: NOV. 9. 1999 CHECJI~ P WDA PROJECT NO.: 7841 FILE 'NO, ,.~?_~.__ ACAD NO: 7274-15 EXH[IBJT A SECTION 30, PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 4-9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF COUNTY UTILITY AND DRAINAGE EASEMENT A COUNTY UTILITY AND DRAINAGE EASEMENT OVER, UNDER AND ACROSS THE WEST 30.00 FEET OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHWE5T ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION ?8, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA; CONTAINING 9.900 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SKETCH OF COUNTY UTILITY AND DRAINAGE EASEMENT (NOT A SURVEY) SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST SCALE: 7" = 80' 276+00 +90.14 ~.~-o--~ 30' C.U.E. O.R. 1729. PG. 395 HIWASS£. INC. (O.R. 1695, PG. 605) 278+00 ~ 280+0(2 EAST LINE OF-', - _ _ SECTON LINE AND o +2.0 lz sECTON 73 \ ~, -~--., C.U.E. ~ 1~z ~n' ~sr LINE OF ~ OWNERSHIP SUBJECT TO CUiiRENT ~EED OF RECORD WEST 30' EASEHENT FOR PUBLIC ROAD RiGHT-OF-WAY SECTION 18, NATHANIEL A. POLlTO MARTJ~ POUTO O.R. 394, PG. 658 PROPOSED BYRNWOO~t 49 SOUTH, RANGE 26 EAST ~'- DWi,iERStiiP 5UiJJE'::T TD CUR.:.~Es;iT DEED ~OF REC{.WD ~ROAD ~ST 30' ROAD RIGHT-OF- WA ~, DRAINAGE, AND MAIN~NANCE EA SEMEN T O.R. 1672, PG. 354) MARY A. ClABA TTARI O.R. 815. PG. 16 LU.D. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST Z~ PREPARED BY: ~1 /F.-..,./..,.,-r ~yAONOLI. R.S.M. NO. 5335 SCALE: ~ 80' DRAWN/~: JAN DATE: NOV. 9. 1999 CHE~D BY: WDA PROJECT NO.: 7841 FIL~,"NO: 7274 ACAD NO: .7274-1§ SECTION 18, PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF DRAINAGE EASEMENT) SCALE: I' - 60' HIWASSE, INC. (O.R. 1695, PG. 605) 286+00 ~ 10.W~iERSHI? SUBJECT TD CURRENT DEED OF RECORD I[~R 400, PG. 65Ei EAST LINE ~ 5EC~ 15~ ~ i~ ~ ~s~ 3o' ~o~o e~C~T-OF-W~, OR~GE, ~1~ .......... 42 54 DWNERSH~P 5'U~JECT TO PR~O~D D,E.~~ ' CURRENT DEED OF REC~3RD WEST 30' E~SEHENT FOR ~ ' PUBL,C ROAD RIGHT.OF-WAY '~ [OR alS, PG S 00~5'30'E 12.46 MARY A. ClABA TTARI O.R. 815o PG. 16 PROPOSED BYRNWOOD P.U.D. SECTION 18, TOWNSHIF EXISTING R,O,W.~ COUNTY PROJECT NO. 60111 RELA TED Si 00'15'30"E 151992 WEST LINE OF SECTIO~ P.O.B. GROUP P.U.D. 288+00 P.O.C. NORTHWEST CORNER\ OF SECTON fB · -SECTION LINE AND I /SURVEYBASELINE A · I 30' PROPOSED R.O.W. ~ COUNTY PROJECT NO. 60111 · PINE RIDGE' ROAD ..~ N 89'$5'01'E 30. O0 '"- PARCEL 874 PARCEL 811 ~.. ~ :'ROPOSED DRAINAGE EASEMENT COUNTY PROJECT NO. 60111 PINE RIDGE ROAD PINE RID,. 90LF CENTER, LTD. 0 2185, PG, 49 SOUTH, RANGE 2.6..EAST. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTE~. EAST ZONE/~O, PREPARED BY: SHEET 1//,,~F 2 mmmmA ;~FVI~ION: I ~-*'*"-- I/ !-'l;J~.ou ~o/~e/oo / .Y: __Z.L// ~ ~-JJ:J~ ...... 1 ~(.~(1~. A.,~LI, RS.M. NO, 5335 Jmmm'mmm~ SCALE' = ' 1 ,o. ~l'~mmlJ~l JnJJaeem, ~l,~i3~ez'~ J: Jl~ l~t3"~1}~3'1m ] "'"~'"'"'~/~"'~2' ~R~'c*"'r N'"" 7841 SECTION 18, PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF DRAINAGE EASEMENT A DRAINAGE EASEMENT OVER, UNDER, AND ACROSS ALL THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHlivE'ST QUARTER OF SECTION 18, TOYCNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1,8; THENCE SOUTH 00'15'50' EAST ALONG THE WESTERLY LINE OF- SAID SECTION 18 A DISTANCE OF 1319.92 FEET, THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 18, NORTH 89'35'01' EAST 3000 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 89'35'01" EAST 30.00 FEET; THENCE SOUTH 0075'30" EAST 12.46 FEET; THENCE SOUTH 44'$5'01~ PIE'ST 4[254 FEET; THENCE NORTH 00'15'3G" WEST 42.54 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 825 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZON~'"~90. F'EEPARED BY: SHEET ~OF 2 iiir. ,o,., IIIBB uuummU~uNDA~g,j~c, mmmmBm WA'~y'^O~OU. ~.S.M. NO. 5335 SCALE: .,L~.~ ' DRAWN,~. JAN DATE: NOV. 10. 1999 CHECJ~ BY;_J~ PROJECT NO.: 7841 FILE ~0: 727~- ACAD NO: ..7274-28 Parcel: 175 EXHIBIT "A" The East 15 feet of Tract E, less the South 2,900 feet of the North 3,000 feet, Grey Oaks Unit Three, according to Plat Book 20, Pages 30 to 37 inclusive, of the Public Records of Collier County, Florida; and ' The West 15 feet of the East 120 feet of Section 24, Township 49 South, Range 25 East, lying South of Tram E, Grey Oaks Unit Three, accordS:g to Plat Book 20, Pages 30 to 37 inclusive, Public Records of Collier County, Florida; The West 15 feet of the East 120 feet of Section 25, Township 49 South, Range 25 East, lying North of Golden Gate Parkway, less the lands set out in O.R. Book 640, Page 229, Public Records of Collier County, Florida. EXHI. I]IT_ _ PROJECT: NOi 60071 L PROJECT PARCEL NO: SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY,) SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) o + M,,6~',£P. 6g +52.59 ~ ~ ~,~ ~ ~ ~L SC~L~: ~" ='6o' ~ LI~NGSTON ROAD -- (0.~, aO3 P~. ~a~3) ~ 15' PROPOSED R.O.W. - ~ 170' F.P. aL. EASEWENT ~1 (o.~. ~o. ~c. 2~2) - ~! ~ORIDA PO~R ~ ~S' Z~S~N~ R~ ~ '-- "-- -- C~N~ PRO~CT UGHT COMPANY NO e~ ozc~ ~ ~ FOR 640 PG 229) LI~NGST~ ROAD I I BEARINGS AR~ BASED ~ ~ FLORIDA STATE PLAN COORDINA~ SYSTEM, EAST ZONE ~/9~ ~ A~ ~ ~s~ ~ 5335 memei~ARBER ~ I /-~'-/ ~-~ ............ Profe,.lo~l ,n incare' iinner. & land ,~ m J DRA~~ DATE: NO~ 1[ 1999 .......... ~,~ .... ~ ..... ; ........ ~.~,.,.,) ........ I CHECK~ ~A PR~E~ NOz 7841 ~, c...~ ,.~. m. ~....~, m.~. r...~ ~ =.~ I~m~-4., I F'L/ ~0~ 7274 A~D NO: 7274-29 EXHIBIT A PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF SECTION 25. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 640, PAGE 229, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00'16'00" WEST ALONG A LINE THAT IS I05.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 25 A DISTANCE OF 40[ 51 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 89'43'59" 15 0,5 FEET 70 THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING Of~ ~ ~BED: TH[:,C[ CONTINUE SOUTH 89'43'59" ~ST 4;.09 FEET; 7H~',3E SOUTH 00'16'00" EAST 78.36 FEET; THg~;CE NORTH 89'4~'59" EAST 4109 FEE~' THENCE NORTH 00~6'00" ~ST 78.36 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBEO; CONTAINING 3219 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENT5 AND RESTRICTION5 OF RECORD. BEARINGS ARE BASED ON THE FLORIOA STATE PLAN COORDINATE SYSTEM. EAST ZON~ 8~. PREPARED BY: SHEET 2..F'O, F._.~_ RE'V~ gl (IN: I ............. ,, . I ,,0. ----."."1113,,,,,,,G,,. ~ DRAWN ,~'~/JAN DATE:_ ~:~L 12. 1999 Prof,,,~o,~ ,~m~r~. ¢~n~r~. & m~ ~,'v~or~ ' ~ CHECK~/~3Y: ~A PROJ~T NO.i 71341 ~,,~...,..~..,..,.u...,,.~,~.-~,-~ ,.~ (,~,~-,,~ ' I Ft i 7274 ACA~ ~0:.. 7274-29 EXHIBIT__A _ PROJECT: NO. 60071 I PROJECT PARCEL NO: ~ I TAX PARCEL NO. t~a-~L~( SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) 1 (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) MATCHLINE SEE SHEET 2 OF 6 ~3 SCALE; I" ~ 100' + ~ . I ~ ~ I mo' LI~NGSTON ROAD PARC[[ 175A ~ a: F.P.~L. EASEMENT F.P. aL. EASEMENT [ 170' F.P. aL. EASEMENT [ ~ e£ARrNGS ARE eASED ON ~HE FLOR/OA STATE PLAN COORDtNAT~ SYSTEM, EAST ZONE PREPARED BY: , SHEE~7 ~F 6 mmm... SCAL ~m ~-,"~.~ ~ ..... ~;~'~ ~ FILE 7274 ACAD NO: 7274-17A PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA , SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) MATCHLINE SEE SHEET 3 OF 6 i F.P.~L EASEMENT F.P.,~J.. EASEMENT ,62. ~c. 2o5:1 (o.R. ,29. ~. ~')1t - SCALE: 1" =:100' 110' F.P.&L, EASEMENT 'O.R. 163, PC. 311) 125' F.P.&L. EASEMENT (O.R. 504, ~C. 455) 20' PROPOSED LIVINGSTON ROAD 170' F.P.&L. EASEMENT ('O.R. 642, PC. 31) loo' PROPOSED PARCEL 175A I MATCHUNE SEE SHEET I OF 6 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE PREPARED BY: Profe~io~ engtnee~, p~er~. k ~nd ~o~ EAST ZON//9~. H~2~ OF '~ ~ AGI(,IOLI, P S ,~rN D~ .WDA 5335 1999 7841 ./274-17B z EXHIBIT A~_ PROJECT: NO. 60071 I PROJECT PARCEL NO: ~ TAX PARCEL NO, SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY~I 1 (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) ~ 110' I kF.P.&L.EASEMENT j O.R. 162, PG. 205,~ I..- N UA TCHLINE SEE' SHEET 4 OF 6 SCALE: '1" = tO0' 0'~ .=' ~! I PROPOSED R.O.W. ~ ~:' :J~ PARCEL 175A ,., ~ ~ _, ~ + ~ j j ~ ~ ~ ~ I~ ~ - J U~NgST~ ROAO I ~ , I . ' ~ MATCHUNE SEE SHEET 2 Or 6 ~s oo~'5~ [ ~ PREPARED BY: iii!~.o~ '/~~ "~: - ..... - ~x~ I ~ ~,, P~fe.~ .~la.*~. ~e~, · ~=~ .~x~ ~ CH~D BY: ~R~ECT NOd 7841 EXHIBIT ~~f PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 1,5, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE' SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) MA TCHLINE SEE SHEET 5 OF 6 I I I 110' 125' F.P.&L. EASEMENT F.P.~L. EASEMENT FO.R. 162, PG. 205)I (O.R. 429, PG. 354) 25 EAST SCALEi- Y" = 100' 120' PROPO~D R.O.W. LI~NGSTON ROAD P~CEL I~5A BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYST[ EAST Z~_,. PREPARED BY: . :/~F~ :'~ mmmm~, II~FVI~ION: I ~ ~ ~, - -- mamma 8 25 O0 ' m m~ I ( LE:~~ ~ ~ ~ ~ ~o~. ~m ~ ~ r~ ~ ~ ~ (~s~-mz. F~' ' "7~ ' EXHI_BJT A PROJECT: NO, 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 1,.5, TOWNSHIP 49 SOUTH, RANGE 25 COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) 12.5' [ F.p.E~J_. llEAO~EMENT 171. PG. 453) F.P.&L. EASEMENT (O.R. 431, PG. 207) 110' 275'1 (O.R. 2,~e~. PC. EXHIBIT 'B · RIGHT-OF-WAY DEDfCA T~ON COUNTY PROJECT NO. 60111 PINE RIDGE ROAD + 155' N 8g'25'42~W 120. o~ ~: ~. ~. PR~OSED R.O.W. LI~NGST~ ROAD PARCEL 175A . F.P.~cL. EASEMENT tO.R. 162, PG. 205) 125' £.P.&:L. EASEMENT EAST SCALE:' 1" ='100' Prefeaaiov~l en~ineer~ pl~r~, & ~nd zur~ycr~ MATCHLINE SEE SHEET 4 OF' 6 ZONE/ e£AF~INGS ARE eASEO ON THE ~OR~DA STATE PLAN COORDINATE SYSTEM, EAST PREPARED BY: SHEET,/'['/OF 6 1/24/00 BY: ,~ .~ DRA~ ~AN DA~: NOV. 9. 1999 CHECK~Y: ~A PROJECT NO.: 7841 PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA PE$CRIPTION OF RIGH T- OF- WAY PARCEL ALL THAT PART OF THE EAST 510 FEET OF THE SOUTHEAST QUARTER AND THE EAST 5;0 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1,5, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: B£GINNING AT THE SOUTHEAST CORNER OF SAID SECTION 1,5. THENCE NORTH 00'09'57' HIEST ALONG THE EAST LINE OF SAID SECT?ON 13. A DISTANCE OF 2641,~4 FEET TO THE EAST ONE-QUARTER CORNER OF* SAiD SECTION 13; THENCE NORTH 00'15'30" WEST ALONG THE EAST LINE OF SAID SECTION 13. A DISTANCE OF 7319.96 FEET TO AN INTERSECTION ~TH THE SOUTH LINE OF THESE LAND5 AS DESCRIBED IN OFFICIAL RECORD BOOK 2487, PAGE 1483, PUBLIC RECORD5 OF COLLIER COUNTY. FLORIDA; THENCE LEAVING 5AID EAST LINE OF SAID SECTION 13, NORTH B9'23'42~ WEST ALONG THE SOUTH LINE OF SAID LANDS A DISTANCE OF 120.01 FEET; THENCE LEAVING 5AID SOUTHERLY UNE OF SAID LANDS SOUTH EAST ;321,70 FEET TO AN INTERSECTION WITH THE EAST-WEST ONE-QUARTER SECTION LiNE OF SAID SECTION THENCE SOUTH 00'09'57" EAST 965.52 FEET TO AN INTERSECTION OF A NORTHERLY LINE OF' THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2558. PAGE 1089, PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89'50'13" EAST ALONG SAID NORTHERLY LINE OF SAID LANDS, A DISTANCE OF 20~00 FEET; THENCE SOUTH 00'09'57' EAST ALONG THE EAST LINE OF SAID LANDS A DISTANCE OF' 1600.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF' SAID SECTION THENCE SOUTH BB'56'41~ EAST ALONG 5AID SOUTH LINE OF SAID SECTION A DISTANCE OF ;00.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL HERDN DESCRIBED; CONTAINING 10.18 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEUENTS AND RESTRICTIONS OF RECORD. eEAm~NG$ ARE eASED ON ~H£ FLORIDA STATE PLAN COORDiNA~ S~ , EAST ~~G PREPARED BY: HE~ OF ~ mmmm I~[~ION~ I ~ ~ // ~ ....i~ t I ~ XI~G~U, R.S....0. ~]5 mmmmi~ k I ' SCALE ' -' ' mmmmm : ~ ' .~ ~m~ ~~J~- · - 274-17E ~ ~ ~ FI .~7~ ACAD NO. 7 - ...... .......--=-- ,-,,-,- I PROJECT: NO. 60071 PROJECT PARCEL~ TAX PARCEL NO. SECTION 1Z, TOWNSHIP 49 SOUTH, RANGE 25 COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF SLOPE EASEMENT) I~ HO' I 125' F.P.&L. EASEMENT.I F.P.&L. EASEMENT 'O.R. 162, PC'. 205)1 ('O.R. 435, PG. 15) 125' F'.P.&L. EASEMENT (O.R. 429, PC. 354.) 110' F.P.,,.~L. EASEMENT O.R. 162, PG. 205)I P.O.B. 120.00 ~+ PARCEL 575A ~ ~ PROPOSED SLOPE EASEMENT ~ 120.00 +46.40 8g'50'O2"W )0.00 )20' PROPOSED R.O.W. LIVINGSTON ROAD EAST SCALE: 1" = I00' eEARINGS ARE BAS£D ON THE FLOR/OA STAT~ PLAN COORDINATE SYSTEM, EAST ZONE PREPARED BY: SHEET'I ~ c~ ~ m, ~m ~ ~ ~ ~ ~ ~* f~,~-~ I i FILE N~ 1~274 ACAD NO: ~74-~2 EXHIBIT A SECTION 13, PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF SLOPE EASEMENT ALL THAT PART OF THE SOUTHEAST OUARTER OF SECTION '1.), TOVe'NSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 7, KENSINGTON PARK PHASF ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES 52 THROUGH 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE SOUTH 00'09'07" EAST ALONG A LINE 120.00 FEET Y~ST OF AND PARALLEL WTTH THE EAST LINE OF SAID SECTION I.3, A DISTANCE OF 110.16 FE£ TO ?~£ NORTHEAST CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 26.38. PAGE 1089, PUBLIC RECORDS OF' COLLIER COUNTY; THENCE SOUTH 89'50'02" WEST ALONG THE NORTH LINE OF SAID LANDS A DISTANCE OF 10.00 FEET: THENCE LEAVING SAID NORTH LINE OF SAID LANDS NORTH 00'09'57" WEST 110.16 FEET* TO AN INTERSECTION ~TH THE SOUTH LINE OF SAID TRACT 7: THENCE NORTH 89'50'02" EAST ALONG THE SOUTH LINE OF SAID TRACT 7, A DISTANCE OF 10,00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED: CONTAINING 1102 SQUARE FEET OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF .RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE $ ~'M, EAST ZON~'~'~. PREPARED BY: ,,,SHEET /2/',.~ 2 . ' i~ws~oN, I -' -' - ' / ' 5 ~==" BY' m=,.miiDRU~D&Gla~. ' [ J DRA' i.~[.~ DATE: ,^UG. 25. 2000 pret,mmmio~.~ .~,tammrm, F],.au,~.~, k ~4 mur~'mlmrm [ / C'HF Y: WDA PROJECT NO.: 7841 co,... ~.,~ .,.~..~. ,,- ,.,.,.- .,,...--. ,,..,-- ,~ ,,,- ?,.~::: m~ ~~274 ACAD NO: 7274-42 EXHIBIT ~~of, SECTION 1,5, SKETCH OF RIGHT-OF-WAY PARCEL ('NOT A SURVEY) ('SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) + +91.31 ~ ' ~ +37.92 PROJECT: NO. 60071 I PROJECT PARCEL NO: ~/ TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA ~ ..J ...~,...-~-."~ I~. i ' / // BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINAIE $YSTE'M. EAST Z~V~,,,~5~/90. PREPARED BY: $HE~-T /,~:~. OF 2 IlImI~ ~EV1SION' '~ ~' .... .... ~.ou ,/z,/oo~: ~///~ IiaIai~ SCALE' . 7/' , c.~ ~..~; ~ ~. ~,~ ~,=~.~ r,,~. ~.~ ~,~,,. ~ ~ ~,~-~,~ CHECK~B~:~ PROJECT NO.: ~* ~:~.~ ~"'.~.~'.;.'.~ ~:?~',~;f..,',T.~~ ~ St', ~,~:~:~ riLE ~: 727~ AC~ ~O: 727~-~ EXH!.Brr_ c_ PROJECT: NO, 60071 PROJECT PARCEL NO: .L~ TAX PARCEL NO. SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DE$CRIPTION OF RtGH T- OF- WAY PARCEL ALL THAT PART OF THE EAST 510.00 FEET OF THE SOUTHEAST OUARTER AND THE EAST 51000 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1.~, TOWNSHIP 49 SOUTH, RANGE 25 EAST, AS RECORDED IN OFFICIAL RECORD BOOK 1695, PAGE 605, PUBLIC RECORDS Of: COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF TRACT .7, KENSINGTON PARK PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES 62 THROUGH 67, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00°09'57" WEST ALONO THE EAST LiNE OF TRACT D OF SAID PLAT A DISTANCE OF 130.00 FEET TO THE POINT OF BEGiNNiNG OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 00'09'57" WEST ALONG A LINE THAT IS 120.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF .SAID SECTION 73, A DISTANCE OF 73.49 FEET TO AN INTERSECTION WITH THE EAST-WEST LINE-OUARTER SECTION LINE OF SAID SECTION THENCE NORTH 00'I5',~0" WEST ALONG A LINE THAT IS 120.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE-QUArTER OF SAID SECTION 13, A DISTANCE OF 350.97 FEET,' THENCE LEAVING SAID LiNE SOUTH 12"09'07" WEST .54.67 FEET; THENCE SOUTH 00'15'.~0" EAST 277.66 FEET TO AN INTERSECTION WITH SAiD EAST- WEST ONE-QUARTER SECTION LINE, THENCE SOUTH 00'09'57" EAST 75 67 FEET TO AN INTERSECTION WITH THE NORTHERLY L~NE OF SAID TRACT D; THENCE NORTH 89'50'24" EAST ALONG SAID NORTHERLY LINE OF SAID TRACT D, A DISTANCE OF 11,75 FEET TO THE POINT OF BEGINNfNG OR THE PARCEL HEREIN DESCRIBED, CONTAINING 4440 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS QF RECORD, · BEARINGS ARE BASED ON THE FLORIDA STATE' PLAN COORDINATE' SYSTEM EAST ZON PREPARED BY: ~HEE~OF 2 i!11Ao ', w.... ~OM BY: RBER & . · ~ RUNDAGE,~. DRA~ JAN DATE: NOV, 9. 1999 ¢"".. ~...~ ~.~ ,~. ~.~ ~.-~.-~ ~..., .*~, ..~, ~ ~ (..,.-~., CHEC~ BY: ~A PROdECT NO.; 784~ c,~.~ 0~ ~.~..,.u..... u ~ ..~ ~ ~ ~., (~-~ FILE ~0: 7274 ACAD NO: 7274-9 EXHIBIT A PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. ~'"" .SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCt-~ OF SLOPE EASEMENT (NOT A SURVE'r~) (SEE SHEET 5 OF 5 FOR DESCRIPTION OF SLOPE EASEMENT) MA TCHUNE SEE SHEET 2 OF 3 BEARINGS ARE' BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAS O. ' PREPAF~ED BY: . SHEET//f' OF J · ";;;;~EJ^,SER ~, ~ - '"~/."~" I'Z/ ....... A EXHIBIT__ PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 15, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEy) (SEE SHEET 6 OF 6 FOR DESCRIPTION OF SLOPE EASEMENT) 25 EAST I I 110' I 125' I F.P..~.L, EASEMENT F.P.&L. EASEMENT i(O.R. 171, PG, 433) (O.R. 431. PG. 207) 275'1 ¢O.R. 2487, P~. 1483) EXHIBIT RIGHT-OF-WAY DEDICATION COUNTY PROJECT NO. 60111 PINE RIDGE ROAD 155' 89'23'42"E '"/ 10 O0 PROPOSED 10'~ SLOPE EASEMENT PARCEL57~B EAST 510' OF THE SOUTHEAST QUARTER OF DIE NORTHEASTIOUARTER OF SECTION 13 I 11o' F'.P.&:L.EASEMENT 125' I ] MA TCHUNE SEE SHEET I Gr' 3 120' RJ0 · :)POSED . . . · NGS~N ROAD SCALE: 1." = 100' BEARINGS ARE BASED ON THE FLORIDA STATE' PLAN COORDINATE SYSTEM, EAST Z~/90. $HE.,~ 2 OF 3 ~C~O BY: ~OJECT NO.; 784~ ~N0~274 ACAD NO: 7274-~,' t PREPARED BY: NOU BY: ....j~l~,u ~,.c,~.,,.,. SCA EXHIBJT PROJECT PARCEL NO: B TAX PARCEL NO. SECTION 1,.7,, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF SLOPE EASEMENT ALL THAT PART OF THE SOUTHEAST QUARTER, AND ALL THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 7. KENSINGTON PARK. PHASE ONE, ACCORDING TO THE PLAT THEREO? AS RECORDED IN PLAT BOOK 21, PAGES 62 THROUGH 67, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE NORTH 00'09'57" WEST ALONG THE EAST LINE OF TRACT D OF SAID PLAT, A DISTANCE OF 130.00 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID TRACT D OF SAID PLAT; THENCE SOUTH 89"50'24" WEST ALONG THE NORTH LINE OF SAID TRACT D A DISTANCE OF ~1 75 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 89'50'24" WEST ALONG THE NORTH LINE OF SAID TRACT D A DISTANCE OF 10.00 FEET; THENCE LEAVING THE NORTH LINE OF SAID TRACT D NORTH 00'09'57" WEST 73.48 FE~T TO AN INTERSECTION WITH THE EAST-WEST QUARTER SECtiON LINE OF SAID SECTION THENCE.MORTal 0~"15'30" WEST 278.74 FEET; THENCE NORTH 12'09'07" EAST 5467 FEET. THENCE NORTH 00'15'30" WEST 989.69 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE' NORTHEAST QUARTER OF SAID SECTION THENCE SOUTH 89'23'42" EAST ALONG SAID SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 10, OO FEET TO AN INTERSECTION WiTH A LINE THAT IS 120.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE SOUTH G0'15'30" EAST ALONG SAID LINE THAT IS 12000 FEET WEST OF AND PARALLEL WiTH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13. A DISTANCE 'OF 330.97 FEET, THENCE LEAVING SAID PARALLEL LiNE SOUTH 12'09'07" WEST 5467 FEET; THENCE SOUTH 00'15'30" EAST 277,56 FEET TO AN INTERSECTION WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 73; THENCE SOUTH 00'09'57" EAST 7361 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 1J, 965 SQUARE FEET O? LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZON~ PREPARED BY: SHEET/OF 5 mmmmmml REVISION: I ~ ~ ~ mmmmmm~ [ SCALE. /~ ~ , mmmmmm~UNDAG~,~ ~ nRA~~ naT" FEB 8 2000 .................................... ,.,. ..... EXH!J JT A t%~~t 77 PROJECT: NO. 60071 PROJECT PARCEL ~NO~.~_~. TAX PARCEL NO. _ _ _ SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY) (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) EAST MATCHLINE SEE SHEET 2 OF 4 I SCA PROPOSED R.O. W ~ ~ ~ 20' pROPO~D R.O.W. ~ LiWNG$TON ROAD ~lo' I 12~ I I ~ + F.P~ SE~ENT I 17~ FP~L. EASEMEN o ~ ~ ~ (O.R. 642, PG. 3~) BEARINGS ARE BASED ON ~E FLORIDA STATE PLAN COORDINA~ SYS~M, EAST ZONE~ PREPARED BY: .__ ~~ = ~1oo' ..,..~'~ AUG, 25. NO.: 7~.'f NO: 7274- 5 EXHIBIT PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL ('NOT A SURVEY) 1 (SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) N SCALE:' ?" = I00' MATCHLINE SEE SHEET $ OF 4 I I ,~ ~ - PROPOSED R.O.W. ~ (~ I Q- .. I 20' PROPOSED R.O.W. -- 110' 125' t~l 'O.R. 163, PG. 311)~ (O.R. 504, PG. 455) (O.R. 642, PG. 3~) I I ,,, ~ MATCHLINE SEE SHEET I OF 4 BE,~R~NCS ,~R£ BASED ON ME ~O~DA STATE pLAN COORDINATE S~M. EAST Z~~ PREPARED BY: SHEET ~OF 4 ~ I I sc~. ~ . ~'~'"F~RVNOAGg~ , . , [ [ DRA~ BY:~ DATE: AUG. 25. 2000 EXHI.B. IT__A_ '/'7 SECTION 1,5, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY.) ('SEE SHEET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL,) PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. 25 EAST SCALE:"?"= 100' I 110' ,25' F.P.&'L. EASEMENT F'.P.&'L. EASEMENT 'O.R. !62, PG. 205)1 (O.R. 429, PG. 554) + ,20' 1 PROPOSED LIVINGSTON R~AD ' 00.00.~_ ,,~ ~ ~ lOO' -'oPoSEo R.O.W. '~ N G S TON ROAD BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYS;E'M, EAST ZON'/~. PREPARED BY: SHEET ,~ OF 4 SECTION 13, PROJECT: NO. 60071 PROJECT PARCEL NO: J..7.~l TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF- WAY PARCEL 175C ALL THAT PART OF THE EAST 510 FEET OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13. THENCE NORTH 88'56'41" WEST ALONG THE SOUTH LINE OF SAID SECTION 13, A DISTANCE OF 100.03 FEET TO THE POINT OF' BEGINNING OF' THE PARCEL HEREIN BEING OE$CRIBEO; THENCE CONTINUE NORTH 88'56'41" WEST ALONG SAID SOUTH LINE OF SAID SECTION 13, A DISTANCE OF 20.00 FEET; THENCE LEAV1NG SAID SOUTH LINE OF SAID SECTION 13, NORTH 00'09'57~ WEST 1599.5,6 FEET; THENCE NORTH 89'50'13~ EAST 20.00 FEET; THENCE SOUTH 00'09'87~ EAST 1600.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.73 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST O. PREPARED BY: OF iii!i~.o,., ....'-'J3,,,B... ,- ~ SCALE;,/~ JJJJJ JJJJJJ j J j J J J ~RL~L~DA(;~,~c. IY: JAN ~ D RA ~/ profetrelonal enginae~, pi~,~uers. &Itnd su~'~Xora ~.O BY: WDA b,~ ~u~o~,~m~ ~~l(.~ 40: 7274 R.S.M. NO. 5555 DATE: AUG. 25. 2000 PROJECT NO.: 7841 ACAD NO: 7274-45C EXHIBJT A PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. ~i SECTION 1,5, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY_) (SEE SHEET 4 OF 4 FOR DESCRIPTION OF SLOPE EASEMENT.) MATCHLINE SEE SHEET 2 OF' 4 ~~ ~i~ :e PR~OSED ~ ~ ~ 20' PROPO~O R.O.W. ,?~OSEO R.O.W, ~ ~ ~ [ LI~NGSTON ROAD LI~NGSTON ROAi 11o' 125' F.P.*L. EASEUENT ~ F.P.&L. EASEMENT ~ ,70' F.P.*L. EASEMENT g L . ~ . ~ · . BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDIN~ ~ 5.;'~, PREPARED BY: .$H~'T.z,7/ .)F Z IB·11.l IHFVISlDN: ] ) ~ / / j, lllll[~J~c,~ou I 8/25/00 I BY: _ / : //'/' · · . D G~J~LI, R..,.Id. NO. """--"""-""-I::JRU]eOAGE..~. . J I C " ~. JA? DATE' FEB 8 ~ro~e~ta~ calmest., ~]~=~mer., ~. ~ .ur~r. I ~ · ~ W~A ~'R'~";"CT N ~ ~ ~,~u, ~,3, ~'~, I~ ~,.,-~, I~.¢,, ~ I'1. I=~s !~ .~..t-m~l J- , ~ J ',:774. A~.Ar) NO. PROJECT PARCEL NO: C.. TAX PARCEL NO. SECT/ON 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY) I (.SEE SHEET 4 OF 4 FOR DESCRIPTION OF SLOPE EASEMENT) MATCHLINE SEE SHEET $ OF 4 F.P.&tL. EASEMENT F.P.&d_. EA SEMEN T (O.R. 429, PG. .. ~ ~+ 110' I 125' F.P. aL. EASEMENT F.P.&L. EASEMENT 170' F.P.~L. EA~MENT (O.R. 163, PG. 311) (O.R. 504, PG. 455) (O.R. 642, PG. ~ ~ PR~OSED I I 1 MATCHLINE SEE SHEET 1 OF4 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST/~/~V~3/90. PREPARED BY: _ $HEE'T//2 OF 4 ===~= ~Vd ' ' I R M 5 · ,,,,-'1~ I W4~F../~./.~"NOLI. E.S.M.NO. mmmmmw~) '~ SCA~: 1.~"r= 100' . mmmmmmml,_,lRONDAG~,m~.. J DP,.A~I'~'~iY: JAN DATE' FEI~ 8 2000 ~~N...~~ ,~c-,~ ~ ,~ ~ ..... ~ ..... EXHIBIT PROJECT: NO. 60071 PROJECT PARCEL NO: ~.~ C. TAX PARCEL NO. SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY_) (SEE SHEET 4 OF 4 FOR DESCRIPTION OF SLOPE EASEMENT,) \ I I U~NCS--~ PROPOSED 10'----.J J-.- -- SLOPE EASEMENT I I I -'~ ~CEL ~7~c II g ' , F P &'L EASEMENT F P &L EASEMENT 0.~. i~2, P~. 20~;~ (0.~. ~2~, PG. ~) ~. '~- r,I I~ I ' ~,~ / II ~', U~NGST~ ROAO SCALE: 1" = ~00" MATCHLINE SEE SHEET 2 OF 4 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYS M, EASTS/90. PREPARED BY: SHE, E"rj-/3 OF 4 .l=l.,t, ' Ri" VISION! I ' I ~ /',/' !:L'l~.ou ~/2~/oo/ ~¥: Z_Z.z' ~/: ,', Illlllq~ i .,~;),--~-~, :7'~. AGNOLI R $.M NO. 5335 Ill ~ t / ' ' PROJECT: NO. 60071 PROJECT PARCEL NO: ,,,~_.~Lf TAX PARCEL NO. SECTION 1,.5, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF SLOPE EASEMENT ALL THAT PART OF' THE SOUTHEAST OUARTER OF* S~CTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOW5': COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13, THENCE NORTH 88'56'4~" WEST ALONG THE SOUTH LINE OF SAID SECTION 13, A DISTANCE OF 120.05 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 88'56'41" WEST ALONG SAID SOUTH LINE OF SAID SECTION 15, A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID SOUTH LINE OF SAID SECTION 13. NORTH WEST 2024.71 FEET TO AN INTERSECTION H, ITH THE NORTH LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 2638. PAGE 1089. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE NORTH 8g'50'02~ EAST ALONG 5AID NORTH LINE OF SAID LANDS, A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF SAID LANDS; THENCE SOUTH 00'09'57' EAST 2024.92 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 20,249 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTION5 OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST PREPARED BY: $H,~',L~'T 4 OF 4 S.¢A~: hI,T.S. FILE NO: 7274- ACAD NO: 7274-46C PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO, ~~ SECTION 1,.3, TOWNSHIP 49 SOUTH, RANGE 2,_5 EAST COLLIER COUNTY, FLORIDA SKETCH OF 5LOPE EASEMENT (NOT A SURVEy) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF SLOPE EASEMENT) N 125' F.P.&:L. EASEMENTI _.~ (O.R, 435, PC. 15) SCALE: PROPOSED SLOPE EASEMENT t J ~ HIWASSE, INC. "" (O.R. t695, PC. 605) 20. O0 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE 5')'~TEM, EAET Z~ PREPARED BY: ' ~r~i T,/~ OF 2 IIIII~RB~. ~ '~LI, R.~M. NO 335 mamma RUNDACE,~.~. CATE: FEB ~ 2000 c..,.. c..-v, ..~ ,~...o ~..~.., t..,, ..~, ..~,.., ~ ~,~ J,.~,-~m _.j~ PROJECT NO. 7841 SECTION 13, PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF SLOPE EASEMENT THE EAST 10.00 FEET OF TRACT 7, KENSINGTON PARK, PHASE ONE, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 21. PACES 62 THROUGH 67, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 3000 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM EAST PREPARED BY: $CAL aamm~m=~I'-~RUNDAGE'~'"'¢' I DRAWN Y,/~"~L DATE: FEB. 8 200[ ........ ~ ........ , ......................... (~*,~,) ........ J CHEC~0./BY: WDA PROJECT NO.: 7841 c.,~,.,..~ ,,.~.,-,..u..0.. u, .,. ~, ~, ~ ..., (,,,~fi-....~ ~ 7274 ACAD NO.' 7274 43 FEB. 8, 2000 EXHIBIT PROJECT: NO, 60071 PROJECT PARCEL NO: '~'/~ TAX PARCEL NO. ~' SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEy) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) 125' F.P,~L. ON£-OUAR TER SECTION LINE I BEARINGS ARE BASED ON THE FLORIDA STA~ PLAN PREPARED BY: ~GNOLI SCALE: I" = 60' +80,60 120. O0 120.00 1/24/00 PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEIvIEfvT A TEMPORARY ORIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF TRACT D. KENSINGTON PARK. PHASE ONE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21. PAGES 62 THROUGH 67, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,' BEGINNING AT THE NORTHEAST CORNER OF TRACT 7, KENSINGTON PARK. PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDEO IN PLAT BOOK 21, PAGES 62 THROUGH 67, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.' THENCE NORTH O0'Og'5?" WEST ALONG THE EAST LINE OF SAID TRACT D. A DISTANCE OF 124.04 FEET; THENCE LEAV1NO SAID EAST LINE OF SAID TRACT O SOUTH 89'50'24" WEST 71 7.3 FEET; THENCE SOUTH 00'09'57" EAST 12404 FEET TO THE INTERSECTION WiTH THE NORTH LINE OF SAID TRACT ?; THENCE NORTH 89'50'24" EAST ALONG THE NORTH LINE OF SAID TRACT 7 A DISTANCE OF 7173 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAiNiNG B897 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND R£STR~CTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM. EAST 2 PREPARED BY: _q;~'EE,,~-/~,g ~)F' BY: ~ WA~./D. AGNOLI, R.S.M. NO. SCALE: DRAWN(FiY: JAN DATE: NOV, 12. t9g9 CHECKED BY: WDA PROJECT NO.: 784-1 FILE NO: 7274 ACAD NO: 7274--.35 p~o,~_'T ~o. ~o~/' ! .F'~c~ ~o. 177 P.O.C. / 50,00' Roadway Easement P.O.B o o. z Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement TRACT 5 EXI-JJI !T A-- [TRACT 10 TRACT 2 0 5O 100 2OO SCALE IN FEET : TRACT 11 L2 8th AvenuelSouthwe~,L ' 'r.~ ~ :'Woods Lone) NS__~ s8__~ CURVE RADIUS J DELTA~ :.ENO ' TRACT 1 I I SKETCH A~D PO TION TR GOLDEN GATE ~::3TATES UNiT ~0. TOWNSHIP 49 SCJTH, RANGE 2~ EAST. COLLIER '~ dNTY, FLORIDA  JOHNSON E ;INEERING INC ~N~INEERI. I, ~RI AND ECO~I~ ' ;£ARINO CHORD i'15"£ 147.7aJ '06"E 74,85 J CT 12 EXHIBIT Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement Description: 01= 'PAf~.C~L 1'99 A portion of Tract 2, Golden Gate Estates Unit No. 35 occordlng to the plot thereof os recorded in Plot Book 7, Page 8.5 of the Public Records of Collier County, Fgorido, being more particularly described as follows: Commence at the Northwesterly corner of said Tract 2; thence N.Bg'32'26"£. , alanG the Northerly ling of Tract 2 for .30.00 feet; thence 5.00'17'27"E. for 174..67 feet, to the POINT OF BEGiNNiNG of the herein described parcel, and the point of curvature of o curve, concave Easterly, hoving o radius of 994.00 feet and a central angie of 08'51'35'; thence Southerly, along the arc of said curve to the left, for o distance of 14.7.92 feet said arc subtended by o chard bearing S.04'55'15"E.. and a chard distance of 147:7B feet, to a point of intersection with o non-tangent line; thence S.08'OB'44"E. for 135.76 feet; thence S.06'55'04"E. for 124.40 feet, to the point of curvature of o curve, concave Northeasterly, having o radius of 56.00 feet and o central angle of 85'54'04'; thence Southeasterly, along the arc of said curve to the left, for a distance of 81.68 feet solcl arc subtended by a chord bearing S,'I.B'40'O6'E,, and a chord distance of 74..65 feet, to o point of cusp; thence S.89'52'5,]'W. for 99.61 feet; thence N.OO97'27"W. for 453.29 feet, to the POINT OF' BEGINNING; Containing 10,6.~6.4B square feet or 0.24 acres, more or less. NOTES: 1. THIS IS NOT A SURVEY 2. BEARINGS ARE BASED ON THE WESTERLY LINE OF TRACT 2 AS BEING N 00'17'27" W. 3. SUBJECT TO_EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 4. NOT VALID UNLESS ACCOMPANIED BY'PAGE 1' OF 2 SHOWING THE SKETCH OF DESCRIPTION AND SIGNED, DATED AND STAMPED, EMBOSSED SURVEYORS SEAL. SKETCH AND DESCRIPTION A PORTION OF TRACT 2 GOLDEN GATE ESTATES UNIT NO. 35 TOWNSHIP 4-9 SOUTH, RANGE 26EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING. INC, EHGINEIrRS. SURVEYORS AND ECOLOGIBT~ EXECUTIVE SUMMARY APPROVAL OF THE RECOMMENDED MANAGEMENT ENTITY FOR THE PURPOSE OF PROVIDING COLLIER COUNTY AREA TRANSIT SYSTEM SERVICE AND SUPPORT AS IDENTIFIED IN RFP #00-3146 AND AUTHORIZATION FOR THE TRANSPORTATION ADMINISTRATOR OR THE TRANSPORTATION PLANNING DIRECTOR TO ENTER INTO, MODIFY OR TERMINATE A CONTRACT WITH THE SELECTED MANAGEMENT ENTITY. OBJECTIVE: To approve the recommended management entity from the top three Proposers as identified by staff during the BCC meeting and authorize the Transportation Administrator or the Transportation Planning Director to enter into, modify or terminate a contract with the management entity. CONSIDERATION: On August 3, 1999 the BCC approved the Public Transit Development Plan (PTDP) and agreed to a timetable that would allow deviated fixed route transit service to start in February, 2001. The BCC also agreed to issue a Request for Proposals (RFP) for a management entity to manage the day to day operations. The RFP was issued on October 20, 2000. Proposals were evaluated and ranked by a Selection Committee on November 22, 2000. A list of all Proposers and the recommended entity will be presented to the BCC by staff. ?"FISCAL I.~____M__PA___CT: Funding for this project will come from an FDOT and FTA Grant that will be available in FY 01. A temporary loan in the amount of $155,000 is needed from the General Fund Reserves for start up operations (Radios, vehicle trolley design, two vans for Supervisors, initial Contractor costs and miscellaneous items). The $155,000 will be reimbursed to the General Fund after the Grant Funds are received. A budget amendment is needed to transfer $155,000 from General Fund Reserves and appropriate in this project. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve a management entity for the Collier County Area Transit System Service and Support scheduled to start February, 2001 and that the Board authorize the Transportation Administrator or the Transportation Planning Director to enter into, modify or terminate a contract with the selected management entity. That the Board authorize a transfer of $155,000 from the General Fund and authorize all budget amendments and ptF'dl~se orders ne,oc, ssary to fupd the start up costs. Prepared by: 1d2C~7-4/~fi~) ~/ ~//~ Date: (~David P. I--~pe, 'P6blic Transporfation Manager Reviewed by: .,.z~'~ (~/j-l.~-~ Date: Gavin Jon~s, Transpo~'tjon Planning Manager ..-',,.//x~ ~,d/" / / - approved t.:.o,' .... . j . ~. , ~ ~ pg. I °-~l EXECUTIVE SUMMARY APPROVAL OF THE RECOMMENDED MANAGEMENT ENTITY FOR THE PURPOSE OF PROVIDING COLLIER COUNTY AREA TRANSIT SYSTEM SERVICE AND SUPPORT AS IDENTIFIED IN RFP #00-3146 AND AUTHORIZATION FOR THE COLLIER COUNTY BCC CHAIRMAN TO ENTER INTO, MODIFY OR TERMINATE A CONTRACT WITH THE SELECTED MANAGEMENT ENTITY. OBJECTIVE: To approve the recommended management entity from the top three Proposers as identified by staff during the BCC meeting and authorize the Chairman to enter into, modify or terminate a contract with the management entity. CONSIDERATIONS: On August 3, 1999 the BCC approved the Public Transit Development Plan (PTDP) and agreed to a timetable that would allow deviated fixed route transit service to start in February, 2001. The BCC also agreed to issue a Request for Proposals (RFP) for a management entity to manage the day to day operations. Service is scheduled to start on February 15, 2001 based on the vehicle delivery date. The RFP was issued on October 20, 2000. Proposals were evaluated and ranked by a Selection Committee on November 22, 2000. A list of all Proposers and the recommended entity will be presented to the BCC by staff. "Due to the need for expediency for this project, the posting of the award will be immediately after the BCC award and award shall be subject to the required two day posting period." At a future date, the BCC will be requested to consider the authorization of two additional mechanic positions within Collier County Fleet Management for the maintenance of the deviated fixed route and supervisor vehicles. The funding for these positions will be provided by FTA and FDOT grants at an hourly reimbursement rate. FISCAL IMPACT: Funding for this project will come from an FDOT and FTA Grant that will be available in FY01. A temporary loan in the amount of $155,000 is needed from the General Fund Reserves for start up operations (Radios, vehicle trolley design, two vans for Supervisors, initial Contractor costs and miscellaneous items). The $155,000 will be reimbursed to the General Fund after the Grant Funds are received. A budget amendment is needed to transfer the $155,000 from General Fund Reserves and appropriate in this project. GROWTH MANAGEMENT IMPACT: None. RECOMN[ENDATION: That the Board approve a management entity for the Collier County Area Transit System Service and Support scheduled to start February, 2001 and that the Board authorize the Chairman to enter into, modify or terminate a contract with the selected management entity. NOV 2 8 2000 That the Board authorize a transfer of $155,000 from the General Fund and authorize all budget amendments and purchase orders necessary to fund the start up costs. Prepared by: ~ · David F Reviewed I~a,~_/~ Approved by: ~//~ Date: ~/~_~b,lic y~_,~--l~rtation.~an~ger '/~~~~ Date: IfS, T~anspo~n Plann~?rector ~~ "~ Date: Fed~r, ~ranspodation Sewices Administrator NOV 2 8 2000 GOLDEN GATE PARKWAY COLLIER COUNTY PROJECT NO. 60027 PROFESSIONAL SERVICES AGREEMENT THIS 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 and (hereinafter referred to as the "COUNTY' or "OWNER'~) and RWA, Inc, a corporation, authorized to do business in the State of Florida, whose business address is 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering services of the CONSULTANT concerning certain design services for GOLDEN GATE PARKWAY (PROJECT NO. 60027) (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and . WHEREAS, the CONSULTANT~as submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that professional services that will be required for the Project. NOW, THEREFORE, in consideration. of the mutual covenants herein, the parties hereto agree as follows: it' has expertise in the type of and provisions contained NOV 282000 Pg.. ~ ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited 'to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. Proceed issued by the OWNER to the CONSULTANT, the CONSU OWNER a written statement, executed by the proper officer., 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to iT~ .~'~_ ~' T.~ '. t, the of I~0~ ~;~l~ULT' ,NT, pg. acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replac~ the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER-with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless in, performance of the CONSULTANT's obligations hereunder, or in the -3- NOV 2 8 2000 legislative proceedings where such information has been properly subpoenaed, any non-public information conceming the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of. its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. CONSULTANT asserts to OWNER that all evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not .vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors nor for the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT A~NDAJ~EM NOV 2 8 2000 pg. /"/ If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional ~ ~,rvices of the types listed in Article Two herein. These services will be paid for by OWNER as ir icated in Article Five and Schedule B. The following services, if not otherwise specified in $ ~edule A as part of B -]sic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues o, advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents. or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless the specific obligations regarding the specified permit are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. -5- NOV 2 8 2000 pg. '~ ,,. 2.6. Fumishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise expressly provided-for herein. ' 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier.County in accordance with generally accepted Professional Engineering practice. AC~ND~LJ'[~ - NOV 2 8 20OO ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall-have authority to transmit instructions, receive information, interpret and define OWNERis policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be .interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work prov!ded and performed in accordance with this Agreement; (b) Provide all criteda and information requested by CONSULTANT as to OWNER's requirements for the Project, .including design objectives and constraints, space, capacity and performance requirements,' flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available-information in the OWNER'S- possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports a rd a,.~j~Lej~ ,ul~ rive to design or construction of the ProjectNo.__ ~_ ,_~ .. _?_ NOV 2 8 2000 (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided .during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion' of its serwices as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to i?$ own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, rites, floods, epidemics, quarantine~.regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes the "'~'~ '"- k,..~ ......,-.. j .,,. , N°v 2 8 2°°°I have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4,3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within five hundred fifty (550) Calendar days of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said eighteen (18) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other ~ights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due a~d owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE NOV 2 8 2000 COMPENSATION pg.,, 5.1: Compensat!on and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. -9- ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to the OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN A¢'-~END~J~tSM MAINTENANCE OF RECORDS No._,~_ ,!.~,, - NOV 2 8 2000 7.1. CONSULTANT will keep adequate records and supporting docur er~t~.tion ]ff'~ich conc{ rn or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of t~ Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION above; provided, 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, , damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance · protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description adsing out of or incidental to the performance of the construction contract .or work performed thereunder. AGFr~DA~ I'[T~M No.- ~ ,j~ ?:~. _ NOV 2 8 2000 Po. ARTICLE NINE INSURANCE -]].- 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,. or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER' and any such other person or firm. Nor shall anything in this Agreement be .deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. . AGE~ID/~, I,]~1 ARTICLE TWELVE NOV 2 8 2000 TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the A ~eement witl~in the ti;~es specified under the Notice(s) to Proceed, or (b) failure to properly a ':1 timely perform the ~ervices to be provided hereunder or as directed by OWNER, or (c) the b. ankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given 'pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed.CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. records, documents, drawings, models, and other material set forth Agreement, including Section 6.1. t2.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, and described in this -13- AGEND,,^ NOV 2 8 2000 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANTs sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide.employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award o~ making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST -:1.4- AGEN~DA-~. T~:~ No._..~ ~;~.~..~ ~, NOV 2 8 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either. party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Off.ice of Capital Projects Management 3301 Tamiami Trail East Naples, Fl. 33962 Attention: Lynn R. Thorpe, P.E. 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: RWA, Inc. 3050 North Horseshoe Parkway, Suite 270 Naples, Florida 34104 Attention: Norman J. Trebil¢ock, P.E. AG R~riA4TE,.M .o. '_- NOV 2 8 2OOO 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. -].5- ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. ~ 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. ' 17.6. This Agreement, initially consisting of seventy-two (72) continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and a.ny or understanding shall have no force or effect whatever on this such prior agreements Agreement. ARTICLE EIGHTEEN No._ NOV 2 8 200O APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Flodda, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or adsing out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the day and year. first written above. ATTEST: Dwight E. Brock, Clerk 'By:. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA [AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT] Date: Approved as to form and le~gal su C~e~: Assistan~C.~.~ty Attorney By: James D. Carter, Ph.D., Chairman RWA, Inc. ,.---2 NOV, 2 8 2000 Pg. 1~ (CORPORATE SEAL) 1.0 2.0 3.0 4.0 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 TABLE OF CONTENTS PROJECT OBJECTIVE AND DESCRIPTION PROJECT PHASING AND DESIGN LIMITS QUALIFICATIONS DURING TERM OF SERVICES DESIGN SERVICES (PHASES IA AND II) 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 Public Involvement Design, Construction Plans and Bidding Documents Plans and Design Submittals Design Survey Subsurface Investigation Utility Coordination Drainage Design Environmental Services Coordination of Design within Project Limits Traffic Studies / Analysis Highway Lighting Maintenance of Traffic Signing and Pavement Markings Signalization and Signal Interconnect Right-of-Way Safety Barrier Systems Landscaping Hydraulics/Hydrology Structural Analysis Construction Cost Estimates Plan Submittals Construction Bid Support Services AG.E~NDA I T,.E M NO. '~ ~ NOV 2 8 20 0 18 M:k2000 Projects~00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scope of Servic¢s Revision 2.doc 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 GRADE SEPARATION PLANNING DEVELOPMENT AND ENGINEERING (PD&E) STUDY (PHASE lB) -Contingent Service PLANS PREPARATION, ENDORSEMENT AND OWNERSHIP MILESTONE DATES SERVICES DURING CONSTRUCTION MINIMUM PLAN REVIEW CONTENT COST PROPOSAL . SUBCONTRACT SERVICES NOTICE-TO-PROCEED MEETING AND COORDINATION MEETINGS EXPERT WITNESS TESTIMONY AGENDA IT~M NOV 2 8 2000 M:~2000 Projects\00-0094 RFP # 00-3063 Design and Pcrrnitfing of GGPW~PSA~Scopc of Scrviccs Revision 2.doc 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 1.0 PROJECT OBJECTIVE AND DESCRIPTION The overall objective of this PROJECT is to upgrade Golden Gate Parkway (CR 886) from a four-lane roadway to a six-lane urban divided roadway as the ultimate condition. The limits of the PROJECT are from Airport-Pulling Road (CR31) to Santa Barbara Boulevard, approximately 3 miles in length A key objective is to develop a complete set of construction plans that the cow~rY can use to bid and build the PROJECT improvements. Another objective is to identify additional right-of-way requirements through development of right-of-~vay maps and necessary sketches and descriptions. Another consultant includes the intersection of Airport-Pulling Road and Golden Gate Parkway in a countywide grade separation study currently underway. However, a Project Development and Environmental Study (PD&E) is proposed as part of the Golden Gate Parkway scope of services. Depending on the results of the countywide grade separation study and the PD&E study, the COUNTY may elect to expand the Golden Gate Parkway scope of services to include final design and construction professional services for the grade separation. The grade separation construction plan preparation is not included in this scope of services. Within the PROJECT limits, the FDOT is preparing construction plans for an Interstate 75 Interchange at Golden Gate Parkway (State Project No. 03175-1431). Their project includes widening Golden Gate Parkway, from about 66th Street SW to 60th Street SW, approximately one mile in length. One PROJECT objective is to work cooperativcly with the state through a Joint Project Agreement (JPA), so the COUNTY'S six-laning project and the FDOT's Interchange Project integrate to the maximum extent practical. Ill NOV 2 8 2000 2O M:~000 Projects~00-0094 RFP # 00-3063 Design and Pcrmitting of GGPW~PSA~Scope of Scrvices Revision 2.doc 10119/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 2.0 PROJECT PHASING AND DESIGN LIMITS Phase IA - Golden Gate Parkway Design (Airport-Pulling Road to Livingston Road): Design and Construction Plan Preparation for the section of roadway from Airport-Pulling Road' to just east of Livingston Road will be prepared. Airport-Pulling Road intersection improvements will be at grade (no grade separation), but will be designed to accommodate the future grade separation to the maximum extent practical. Anticipated Airport-Pulling Road intersection improvements include dedicated right turn lanes on all legs of the intersection with associated acceleration lanes. Dual left turn lanes with a~ minimum 4-fi traffic separator are anticipated. Possible retention of the dual right turn lane for the eastbound Golden Gate Parkway to Airp.ort-Pulling Road is also anticipated. To provide for exclusive right tums from Airport-Pulling Road northbound, a new bridge or box culvert extension over the canal may be needed. The western limit of the PROJECT will begin no more than 1,320 fi west of the Airport-Pulling Road intersection. The eastern limit of the PROJECT will begin east of the 6-lane build out improvements for the Livingston Road intersection, where the roadway will transition back to the existing four-lane section of Golden Gate Parkway. The transition should be completed within 1,320 fi east of the Livingston Road intersection. Phase IB - Airport-Pulling/Golden Gate PD&E Study Contingent Future Service: Prepare a PD&E Study for the grade separation of the Airport-Pulling Road/Golden Gate Parkway Intersection. Conceptual plans for the Preferred Alternative will be prepared as part of this task. The east-west limits of the PD& E Study will begin 2,640 fi west and end 2,640 fi east of Airport-Pulling Road. The north-south limits of the PD&E Study will begin 2,640 ft north and 1,320 south of Golden Gate Parkway. It is anticipated that Golden Gate Parkway will be elevated over Airport-Pulling Road. The CONSULTANT shall prepare final design plans for the Preferred Alternative that will be negotiated as part of a future supplemental agreement. AG F-Ai~A~T~...J~191 NOV 21 M:~2000 Projects~00-0094 ~P ~ ~-3~3 ~i~ ~nd P~ittin~ ofOOP~SA~c~ o~S~c~ ~cvisi~ Schedule A Scope of Services Golden Gate Parkway Six Lauing Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 Phase II - Golden Gate Parkway Design (Livingston Road to Santa Barbara Boulevard): Prepare Design and Construction Plans for the section of roadway from Livingston Road to Santa Barbara Boulevard. This is minus the section being designed by the FDOT as part of the 1- 75 interchange at Golden Gate Parkway. We anticipate having match lines with the FDOT project at the intersection of 66th Street SW and 60thStreet SW. The section of roadway between 66th Street and 60th Street will be designed by the FDOT, but the two projects will be bid and constructed together under a JPA with the State. The western limit &Phase lI will be at the beginning of the 6 to 4 lane transition on the east side of Livingston Road from Phase IA. The eastern limit of the PROJECT is at the beginning of the 4 to 6 lane transition on the west side of the Santa Barbara Boulevard intersection. Santa Barbara Boulevard is currently under design by another Consultant. It is anticipated that the Santa Barbara Boulevard six-laning (which will include the Golden Gate Parkway intersection) PROJECT will be completed before Phase II. 3.0 QUALIFICATIONS DURING TERM OF SERVICES RWA, Inc. (The CONSULTANT) shall provide engineering services for the PROJECT, in accordance with and of a quality meeting the minimum design standards established by the State of Florida Department of Transportation and Collier County. AGE N.D~/t-'~'t~,M .o.__ NOV 2 8.2000. 22 IM:~2000 Projects\00o0094 R~ ~ - 00-3063 Design and Permitting of GGPW~PSA~Scope of Services Revision 2.doe 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.0 DESIGN SERVICES (PHASES IA AND IO The CONSULTANT will provide the following customary basic services for the PROJECT; 4.1 Public Involvement: Public Involvement includes communicating to interested pe~ons, groups, and government organizations information regarding the development of the PROJECT. 4.1.1 Public Meetings--We assume that the following meetings may be held: 4.1.2 a) Technical Advisory Committee Meeting (TAC) (3 updates coinciding with 30%, 60% and 100% Design at regularly scheduled meetings) b) Metropolitan Planning Organization Meeting (MPO) (3 updates coinciding with 30%, 60% and 100% Design at regularly scheduled meetings) c) Small Group Meetings (Homeowners Associations, Civic Clubs, etc.) (4 meetings) d) Public Information Meetings (30%, 60%, and 100% Design Stage meetings) e) Coordination Meetings-:The RWA, Inc. will attend coordination meetings with local officials to discuss the design progress. We anticipate up to 6 coordination meetings with local officials to present the proposed PROJECT. Meeting Preparation: We will prepare and/or provide as necessary the following: a) b) c) d) e) 0 4.2 Scripts or agenda presentation Graphics for presentation Meeting equipment (setup and take down) Legal display advertisements (the COUNTY will pay these costs) Draft letters for notification of elected and appointed officials News releases (for use three to five days before meetings) Design, Construction Plans and Bidding Documents: 23 M:X2000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scop¢ of Services Revision 2.doe 10/19/00 Subject plans shall include design and construction requirements for Golden Gate Parkway (CR 886) and roadside improvements; drainage modifications and new drainage structures and improvements; water quality detention and/or retention systems as applicable; signing and pavement marking; additional right-of-way- and/or easements; signalization; lighting (to include signal interconnect hard wire conduit); box culvert modification and other incidental design items within the PROJECT limits. Maintenance of traffic plans and sequences of construction shall be provided. The above designs and plans shall be prepared in English ' Measurement Units and in accordance with the current standards adopted by the Florida Department of Transportation and Collier County as listed hereinafter or as will be made known to the CONSULTANT during performance of all services for the PROJECT. AG ~Fm:~, Tr~4. NOV 2 8 2000 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.2.1 Specific design and construction references, aids and standards shall include, but will not necessarily be limited to, the materials listed below. These design reference materials shall be the latest edition materials in effect at the time of Notice to Proceed of the Services Agreement for the PROJECT: a) Manual of Uniform Minimum Standards for Design, Construction and Maintenance For Streets and Highways (Green Book) b) FDOT Plans Preparation Manual , c) FDOT Procedures.Manual for Flexible Pavement Design d) FDOT Drainage Manual (voltunes 1-4) e) Right-of-Way Engineering Manual f) FDOT Basis of Estimates and Computations Manual g) FDOT Standard Specifications for Road and Bridge Construction h) Manual on Uniform Traffic Control Devices i) AASHTO Policy on Design of Urban Highways and Arterial Streets j) Collier County Public Rights-of-Way Construction Standards Handbook k) FDOT Utility Accommodation Guide 1) Collier County Utilities Division Utility Standards and Procedures Manual m) A Policy for Access Control Management for Arterial and Collector Roadway in Collier County (Collier County Resolution 92-442) n) FDOT Structures Design Guidelines o) FDOT Location Survey Manual 4.2.2 Contract bidding d6cuments will bereproduced and assembled by the COUNTY. Minimum content for roadway contract bidding documents shall be as follows: To be prepared by the COUNTY: a) Advertisement for Bids (legal notice) b) Instructions to Bidders c) Bid Bond d) Contract Form No. e) Contractor's Guarantee NOV 2 8 2000 f) Contractoffs Affidavit and Release of All Claims P0. g) Certificate of Corporate Principal h) Contra,: '~r's Payment and Performance Bond 24 M:~2000 Projects\00-0094; "# 00-3063 Design and Permitting of C_~3PW~PSA~Scope of Services Revision 2.doc 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 To be supplied by the CONSULTANT: a) Special Provisions b) Technical Specifications c) Special Drawings, Sketches, Charts d) Environmental and Operational Permits e) Selected Soils Data and Information f) Contract Plans, including the following categories: Roadway Plans · Signing and Pavement Markings Plans · Maintenance of Traffic Plans · Signalization Plans · Lighting (includes signal interconnect conduit) Plans · Structural Plans g) Bid Schedule h) Project Sign Layout 4.3 Plans and Design Submittals: 4.3.1 Review Plans: All plans submitted to the COUNTY for the purpose of review may be 11-inch x 17-inch in size and shall be to the scale shown in Section 4.3.2.1. During the design phase, the CONSULTANT shall submit the following: a) Four (4) sets of progress plans for review by the COUNTY at 30%, 60%, 90% and 100% completion intervals. b) Two (2) sets of plans for each affected utility at 30%, 60%, 90% and 100% design completion intervals. The City of Naples owns the existing 36-inch raw water pipe that is along the south edge of the existing pavement on Golden Gate Parkway. The pipe extends the entire length of the PROJECT, fi'om Santa Barbara Boulevard to Airport- Pulling Road. It will be affected by the widening of the roadway. Other utilities that might be affected include Collier County Water and Sewer Departments, City of Naples Utilities, Sprint Communications, Florida Power and Light, Media One Cable, People's Gas and Time Warner Cable. 25 M:X2000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPWXPSA~S¢op~ of Services Revision 2.doe 10/19/00 NOV 2 8 2000 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.3.2 Final 100% Plans: All final design plans shall be 11-inch x 17-inch in size and all adopted scales shall be as outlined in this document, unless otherwise approved by the COUNTY Project Manager. The CONSULTANT shall submit the following final plans for the PROJECT. a) b) 4.3.2.1 One (1) set of original drawings. ' One (1) set of drawings signed and sealed in accordance with applicable Florida Statutes. Plan Scales Description Itorizontal Scale Vertical Scale a) Drainage Map Sheet(s) b) Typical Section Sheet(s) c) Roadway Plan & Profile Sheets e) Cross-Section Sheets f) Drainage Structure Sheets g) Traffic Control Plans h) Signing & Pavement Marking Plans j) Signalization Plans k) Lighting Plans 1) Structural Plans 1 inch = 500 feet Not Applicable (N/A) I inch = 40 feet 1 inch = 20 feet 1 inch = 20 feet 1 inch = 40 feet 1 inch = 40 feet 1 inch = 40 feet 1 inch = 40 feet Varies 1 inch = 10 feet N/A 1 inch = 4 feet 1 inch = 10 feet 1 inch = 10 feet N/A N/A N/A N/A Varies .o. NOV 2 8 2000 Pg. 26 M:k2000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPWh°SAkScop¢ of S~rvices Revision 2,doe 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.3.3 a) b) c) Design Computation Documents: The following record documents shall be submitted to the COUNTY by CONSULTANT or Sub-Consultant as applicable at the time of final acceptance or otherwise as noted elsewhere in this scope of services document, neatly bound in an 8 1/2 -inch x 11-inch format or as to the satisfaction of the COUNTY Project Manager. All review comments made on design documents or reports submitted as listed below shall be accommodated for and such documents or reports shall be resubmitteff to the COUNTY at the following design interval submittal dates as requested. All plans, specifications, and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the COUNTY and shall be made available, upon request, to the COUNTY at any time. Submittals of design computations shall include: Two (2) copies of the Design Criteria Report listing the design criteria that CONSULTANT will be utilizing during plans development of the PROJECT. Two (2) copies of quantity computation book in FDOT computation format at 100% design interval. : Two (2) copies, signed and sealed, of survey field notes at 100% design interval. d) Two (2) copies, signed and sealed, of Geotechnical Services: Initial report at 30% design interval and Final Report at 60% design interval. e) Two (2) copies, signed and sealed, of design computations that shall include, but not necessarily be limited to drainage, horizontal and vertical alignment, pavement design package, typical section package; water spread calculations over pavement, guardrail locations and concrete barrier walls at 100% design interval. f) Two (2) copies of traffic study that shall include, signal wan'ants discussion and turn lane requirements for the PROJECT. One (1) copy of bid documents at 100% design interval. g) One (1) copy of probable construction cost estimates at 30%, 60%, 90°,4, and 100% design intervals. h) One (1) copy of CAD drawing files for the "PROJECT" at the 100% design interval on CD. i) Two (2) copies of required environmental permits for the PROJECT at the 100% design interval as amended due to permitting agencies reviews. j) PROJECT correspondence required documenting design decisions reached during development of the plans at each design review interval'as applicable. 27 M:X2000 Projects~0-0094 RFP It 00-3063 Design and Permitting of GGPWXPSA~Scope of Services R~vision 2.doc 10/19/00 AO=UnbJ~'~M No. ? _-~l'~ (,.~) N0V 2 8 2000 pg. Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.4 Design Survey: Conduct an existing-condition field survey of existing ground conditions within the following limits: · Golden Gate Parkway survey limits - from 2,640 ft west of Airport-Pulling Road to the existing centerline of Santa Barbara Boulevard · Airport-Pulling Road survey limits - 2,640 ft north and !,320 i~ south of Golden gate Parkway · The field survey shall be limited to areas bounded by the existing or proposed north and south right-of-way lines to intersections affected by planned improvements (up to 100 ft north and south along the centerline of the existing median). The survey data shall include stationing, existing grades and offset distances left or right of the centerline construction and/or baseline survey. Existing storm sewer facilities, which will be affected by the improvements, shall also be surveyed to include grate elevations, invc~ elevations, and any other data useful for the drainage designs. The CONSULTANT shall perform the following field survey task: 4.4.1 Survey Baseline: The CONSULTANT shall establish a baseline of survey, the alignment of which shall be reviewed and approved by the COUNTY. This survey baseline shall be referenced as deemed necessary by the CONSULTANT. 4.4.2 Topography: After establishing the survey baseline, the CONSULTANT shall collect topographic data tying in all topography on both sides of the baseline of survey within the project limits, as applicable. 4.4.3 Vertical Control Survey: Establish a permanent benchmark system on the baseline control line or along other alignments and/or locations, subject to the pre-approval of the COUNTY. All benchmarks shall be set at intervals not exceeding 1,000 feet center-to-center. Roadway Cross-sections: Cross-sections shall be taken at 100-foot intervals along the baseline of survey and at intermediate intervals at significant break points in the profile of the baseline of survey, as required to identify topographic features. 4.4.4 Intersection Surveys: The CONSULTANT shall survey all intersecting streets and driveways along the PROJECT. The Survey shall consist of alignment, topography, cross-sections, utilities and an angle-station tie to the PROJECT survey line. 28 M:X2000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPWLPSA~Scope of Services Revision 2.doe 10/19/00 AGEND/~/I~'EM No NOV 2 8 2000 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.4.5 Utilities: The CONSULTANT shall locate major utilities on the PROJECT (above or below ground surface), within the area of improvement, including elevations of underground utilities. (This does not include physical location i.e. Pot-holing). Conduct existing-conditions survey of utility facilities at grade and below ground where conflicts occur with proposed PROJECT improvements, within the limits described in the preceding paragraph of this Article. Below grade, others will do excavation, with a vertical reference tie coordinated with the CONSULTANT. The survey data shall be shown on the construction plans and shall include station locationand offset distances left or right of the centerline of construction or baseline of survey. Existing-condition survey of utilities shall include, but not necessarily limited to, COUNTY Utilities Department (Water and Sewer), City of Naples Utilities, Sprint Communications, Florida Power and Light, Media One cable, People's Gas, and Time Warner cable, Utility information secured directly from the above utility owners and the COUNTY shall also be shown in the plans. 4.4.6 Centerline Referencing: CONSULTANT shall reference important points along the survey baseline to perpetuate the alignment. 4.4.7 Aerial Target Survey: Aerial targets shall be located along the PROJECT centerline at 600-foot intervals, at all equation stations, at the PROJECT beginning and ending stations and at all P.I.'s, and additional locations deemed essential by the CONSULTANT to complete the horizontal control. The field location of all aerial targets shall be established from base line survey points. · 4.4.8 Storm Water Management Pond Site Survey: Topo survey and prepare boundary surveys on up to 10 estate lots (2.5 acre per lot) that maybe be prospective storm water management pond · sites. 4.4.9 Side street cross sections for storm water outfalls: Cross section up to 6 miles of local street side streets on 100 foot cross sections at 80 foot widths (to include driveway locations and utilities). The intent of this survey ig aid design efforts for potential outfall pipe runs'to the Golden Gate Canal. 29 MA2000 ProjectsKi0-0094 RFP # 00-3063 Design and Permitting of GGPW~PSALgcope of Services Revision 2.do~ 10/19/00 NOV 2 8 2000 Pg. Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.$ Subsurface Investigation: Conduct subsoil tests and furnish data for roadway, borings, samples, and tests will be performed in general accordance with the Florida Department of Transportation Soils and Foundations Manual. The resultant data and a !isting of the classification for the various strata obtained, as part of the' soil borings testing will be shown on the roadway cross-section sheets. A soil survey sheet, showing the table of classification for the various strata and recommendations for undercutting and site preparation shall be included. If muck is encountered, a recommendation and plan for deomucking shall be prepared. The results of field samples and testing, and the recommendations for roadway construction shall be included in a separate formal geotechnical report as indicated below. Geotechnical investigations of existing subsurface conditions will be analyzed by the CONSULTANT and shall serve as the basis for roadway embankment construction, subgrade preparation, and to establish geotechnical design criteria and parameters. 4.5.1 Soil Auger Borings: Auger borings shall be performed at 200-foot intervals along the proposed roadway impr6vements for purpose of determining soil characteristics, unsuitable materials, and ground water levels for both roadway and drainage design applications. The depth of borings shall be minimum of 5 feet. Standard penetration test (SPT) borings shall be performed at 500~foot intervals along the proposed roadway improvements for the purpose of determining soil characteristics, rock depth, and ground water levels for both roadway and drainage design applications. The depth of the SPT borings shall be a minimum of 20 feet. 4.5.2 Detention ponds and stormwater management. Ten SPT borings will be provided as pond locations to be determined during-the design process. The boring data will be used to help quantify rock excavation and soil characteristics of proposed detention ponds. Exfiltration tests will be perforated at ten locations to be selected during the design process. Data from the tests will be used te aid in the design of exfiltration systems, as applicable. 4.5.3 Percolation tests, if required for drainage designs, shall be performed at locations identified by the CONSULTANT during the 30% design phase. 4.5.4 The CONSULTANT shall prepare and submit two (2) copies signed and sealed of the geotechnical report upon completion of the subsurface investigation and analysis stating recommendations for roadway preparation. This report shall include all pertinent field site data boring logs, sketches, LBR test information and other information pursuant to the Florida Department of Transportation Soils and Foundations Manual. The evaluation will include specific discussions regarding undercutting of deleterious material, effect of groundwater conditions, and identification of materials encountered and use of each stratum, fi construction phase. 30 M:L2000 Projects~00-0094 RFP # 00-3063 Design and ldermitting of GGPW~PSA~Scope of Services Revision 2.doe 10/19/00 AGE.~11 O,A J~TF~M NOV 2 8 2000 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.5.5 Evaluation of Existing Pavement: At this time, it is assumed that the existing pavement on Golden Gate Parkway within the RfW limits will be removed, therefore an evaluation is not necessary and costs for this task are not included in this proposal. 4.5.6 Laboratory Tests: Testing of soil samples obtained from the borings shall includ,e: 1. Up to twenty Limerock Bearing Ratio Tests 2. Up to twenty Sieve Analysis 3. Up to five Organic Content Tests 4. Up to five Attemberg limits 5. Up to four pH Tests 6. Up to four Resistivity Tests 7. Up to four Chloride Content Tests 8. Up to four Sulfate Content Tests 4.6 Utility Coordination: 4.6.1 The CONSULTANT shall conduct a predesign conference meeting, if needed, with affected utility owners and COUNTY representatives for the PROJECT. The time of such meeting should take place after the COUNTY adopts roadway typical section. During the time specified elsewhere herein for the PROJECT, the COUNTY will coordinate all PROJECT designs with those utility owners that may have direct or indirect interest in the PROJECT. These coordination efforts shall consist of telephone contacts and inquiries, exchange of written correspondence, meetings, exchange and submission of respective utility and PROJECT desi_gn coordination to implement cost-effective PROJECT improvements resulting from conflicts with existing and planned utility facilities. 4.6.2 The CONSULTANT is not required to perform, provide, or furnish utility engineering, design and plan preparation services for those private and public utility facilities enumerated above with the exception that CONSULTANT shall show all existing and planned utility facilities made known to the CONSULTANT by said private and public utility owners on the Utility Adjustment Plans. The CONSULTANT shall prepare Utility Adjustment Plans and identify utilities to remain and those to be relocated only. The CONSULTANT shall not be responsible for designing the relocations or any new utilities within the PROJECT limits. The existing utility information shall be secured from the utility owners. Also, the CONSULTANT shall be responsible for design solutions of unavoidable conflict points between proposed drainage improvements and existing utilities and shall show the drainage modifications on the construction plans. 31 M:~2000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPW'~PSA~Scope of Services Revision 2.doc 10/19/00 AGE~N D&J~,M No._~ ~'~_ NOV 2 8 2000 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.7 Drainage Design: The PROJECT drainage improvements shall be designed and constructed within existing and proposed roadway rights-of-way, and/or any offsite facilities required for water quality and attenuation of applicable storm events. 4.7.1 Proposed roadway drainage system shall be within and adjacent to the PROJECT limits. Overland runoff from upland properties shall be considered in the final roadway drainage design. 4.7.2 CONSULTANT shall make drainage design recommendation to the'COUNTY for the type of drainage system that should be used for the PROJECT, i.e., closed-drainage system and/or open roadside'ditches. Once the drainage system is approved by the COUNTY, any changes to the system, requested by the COUNTY, shall be negotiated as a supplemental agreement and will include any other affected work. 4.7.3 The CONSULTANT shall determine drainage areas contributing to the PROJECT and will show such information on the drainage maps and construction plans. 4.7.4 CONSULTANT shall submit a list of drainage design criteria for COUNTY'S approval prior to commencing with final drainage maps and construction plans. 4.7.5 The CONSULTANT shall coordinate the matter of peak attenuation design, water quality design, and permitting requirements during preliminary roadway design tasks with SFWMD and any other agency having jurisdiction in PROJECT area (i.e. Collier County and FDOT). The CONSULTANT shall hold coordination meetings with the COUNTY, FDOT and SFWMD for this task. If, as a result of this coordination the SFWMD requires water quality and quantity facilities in addition to those anticipated in this scope of work, such as retention/detention basins, other than the existing or proposed roadside ditches, the CONSULTANT may petition the COUNTY to negotiate the CONSULTANT's design fee for such additional facilities in accordance with the provisions for Additional Services of CONSULTANT, Article 2 of the Agreement. 4.7.6 The CONSULTANT shall prepare requisite stormwater permit applications, in accordance with Chapter 17-25 (Regulation of Stormwater Discharge, Florida Administrative Code) and Chapters 40E and 40E-40 of SFWMD. Upon securing COUNTY approval, the CONSULTANT shall make direct submissions to said agency and shall perform subsequent required evaluations, coordination, and follow-up services. The COUNTY will review the permit applications, as necessary, and the CONSULTANT will administer the agency review process. Services required of the CONSULTANT for the SFWMD permit application shall include preparation o f exhibits, drawings, sketches, responses to RWA's and other design information and data, in order to satisfy minimum requirements of said agency. The COUNTY shall pay the fees associated with such permits 32 M:~000 Projects~00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scope of Services Revision 2.d~ 10/19/00 NOV 2 8 2000 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.8 Environmental Services: The PROJECT may encroach within adjacent wetlands under jurisdiction of the State of Florida Department of Environmental Protection (FDEP), SFWMD, and U.S. Army Corps of Engineers.. The CONSULTANT shall classify wetlands and uplands utilizing an aerial photographic based graphic, prepared according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). The CONSULTANT shall show any such wedand areas on the aerial plan sheets in conjunction with the permitting process, which are part of the Scope of Services as described herein. The CONSULTANT shall coordinate with the environmental and operational permitting agencies listed herein. This interaction shall consist of telephone contacts during the design of the PROJECT, field assessment observations of the environmental conditions of the PROJECT site; design and permitting coordination meetings; exchange of written correspondence, drawings, applications; permit maintenance activities and support services during the permit review periods by COUNTY and by governing agencies and revisions to design plans in progress to reflect final permitting requirements. 4.8.1 The CONSULTANT shall undertake field assessment observations of the PROJECT site, accompanied by the COUNTY'S Project Manager, as applicable. Similarly, the COUNTY shall have a Project representative in attendance with the CONSULTANT during coordination meetings with each goveming permit agency. The COUNTY shall be copied with all correspondence issued to all governing permit agencies by CONSULTANT. Notes of telephone discussions between CONSULTANT and environmental agencies staff shall be prepared by the CONSULTANT and submitted to the COUNTY. -- AGENDA, I~E.M - NOV 2 8 2000 33 M:~2000 Projects\00-0094 RFP # 00-3063 Design and Permitting o£GGPW\PSA~Scope of S~rvices Revision 2.doc 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.8.2 The CONSULTANT shall prepare, submit, and fully process the required environmental and operational permits and the Storm Water Pollution Prevention Plan (SWPPP) for the PROJECT, on behalf of the COUNTY. The CONSULTANT will coordinate with the agencies listed below and submit complete environmental permit applications, upon approval of the COUNTY, to SFWMD, FDEP, USACOE, Collier County, and SFWMD Big Cypress Board (right- of -way permit). a) The South Florida Water Management District (SFWMD) (Management of Storage of Surface Water Permit) b) The Florida Department of Environmental Protection (FDEP) c) The United States Army Corps of Engineers (USACOE). d) The Florida Game and Freshwater Fish Commission (FGFWFC) e) SFWMD Big Cypress Basin Board (Right -of- Way Use Permit) f) U.S. Fish and Wildlife Service (USFWS). Section 7 Consultation will not be required. 4.8.3 Requirements and stipulations issued by permit agencies having jurisdiction over the PROJECT will be incorporated into the construction plans and contract bid documents for road PROJECT. 4.8.4 While it is expected that the CONSULTANT shall seek and receive advice from various local, state, and federal agencies, the final direction on engineering and environmental- related matters remains with the COUNTY. 4.8.5 It is anticipated at this time that the mitigation for this PROJECT will be done off- site in a Mitigation Bank. The COUNTY will be responsible for the costs associated with such mitigation. If required, the CONSULTANT shall prepare a wetland mitigation plan, which may include a combination of onsite (i.e., within or adjacent to the PROJECT right- of-way corridors) and offsite mitigation plans. The costs associated with this task are not included in this proposal, and shall be negotiated as a supplemental agreement. NOV 2 8 2000 34 M:L2000 Projects~0-0094 RFP # 00-3063 Design and Permitting of GGPW~PSAkScope of Services Revision 2.doc 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 If required the wetland mitigation plans shall meet or exceed the design and performance criteria of any applicable regulatory agency. The following minimum requirements shall be included in the mitigation plan: a) A detail narrative description of the proposed onsite and/or offsite mitigation plan. b) A comprehensive short and long- term wetland, monitoring plan, if required. Appropriate estimates of probable costs for all required onsite wetland mitigation enhancement/creation construction- related and monitoring- related issues. d) Appropriate onsite mitigation design bidding documents including technical specifications, contract documents, and special provisions to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 4.8.6 The CONSULTANT shall survey the Study Corridor for federal and state designated endangered, threatened and species of special concern, including individuals as identified in the "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" Published by the FGFWFC, most recent edition. Other positive indications (nests, burrows, droppings, start holes, etc.) of their presence shall also be surveyed. The listed species survey shall consist of conducting observations for listed species known or suspected of utilizing the PROJECT corridor. The CONSULTANT shall summarize the results of the observations and submit said narrative to the applicable regulatory agencies. Ifa specific species is identified within the PROJECT limits and a specific survey/investigation must be performed, the cost associated with this task shall be negotiated as a supplemental agreement. 35 M:~2000 Projec~00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scope of Service~ Revision 2.doe 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 3.1 to Santa Barbara Boulevard) Collier County Project Number 60027 4.9 Coordination of Design Within PROJECT Limits: 4.9.1 The FDOT is designing the 1-75 Interchange at Golden Gate Parkway and will reconstruct approximately a mile of Golden Gate Parkway between 66th Street SW and 60th Street SW. The FDOT has developed a 6-lane typical section, which will form the basis for the COUNTY'S design. Minor modifications include widening the sidewalks to 6 feet, instead of 5 feet as proposed by the FDOT. Otherwise, the following is proposed: a 150-foot R/W, 12-foot wide travel lanes, a 30-foot wide median, and 4-foot wide on street bike lanes. Beside the typical section discussed, the following will be directly coordinated with the FDOT: a) PROJECT match lines at 66th Street SW and 60th Street SW. b) Maintenance of traffic. c) Survey Stationing and Baseline d) Public Involvement. e) Lighting design and:signal interconnect conduit. It is anticipated that drainage and environmental permitting will not be integrated with the FDOT I~-75 Interchange Project. 4.9.2 Design services specified herein shall include pavement widening and transitions~ at all existing streets, driveway connections and turnouts, which intersect Golden Gate Parkway. Applicable private and public roads and driveways that intersect Golden Gate Parkway shall be widened and/or reconstructed within the limits of the existing and/or additional rights- of-way. Widening and/or reconstruction of existing side streets, driveways, and turnouts to a distance deemed necessary by the CONSULTANT and the COUNTY in order to provide a safe and cost- effective transition. 4.9.3 Coordination of designs with adjacent land developers and contractors that may be performing work or improvements within or adjacent to Golden Gate Parkway rights- of-way will be the COUNTY's responsibility. The CONSULTANT will assist the COUNTY in such negotiations, as may be reasonably required. CONSULTANT will be copied on meeting and/or correspondence between COUNTY and such developers or contractors. 4.9.4 To the extent necessary for the CONSULTANT's performance of services and upon request from the CONSULTANT, the COUNTY will provide available record data, information, plans, right- of-way permits, etc. relating to adjacent land developments (existing .~ ~,,d proposed). AGE~D~ r!'EM NOV 2 8 20O0 36 M:~2000 Projects\00-0094 RFP # 00-3063 Design and l~ermitting of GGPW~PSA~Scope of Services Revision 2.doe 10/19/00 Pg. Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.10 Traffic Studies/Analysis: The CONSULTANT is required to perform a traffic study for the PROJECT. Support traffic data and information, to the extent available and dccmcd necessary by COUNTY, shall be provided to the CONSULTANT to sufficiently permit the CONSULTANT to proceed with and complete pavement designs, and turn lane geometric designs for the PROJECT. The CONSULTANT shall review and evaluate such information aiad data for applicability and, on the basis and resultant conclusions by the CONSULTANT and guidance from the COUNTY, shall establish final design requirements and shall proceed with plan preparation requirements. Traffic counts are not included as part of this proposal. Applicable signal warrant analysis and turn lane designs for Poinciana Professional Park, Airport-Pulling Road, Grey Oaks (two proposed and existing Naples Grande), 70th St SW, 68th St SW, 66th St SW, 60th St SW, and 58th St SW are included. Others will perform Livingston Road and Santa Barbara Boulevard analysis and design based on these projects being completed in advance of the subject PROJECT. The COUNTY will provide available a~cident data, existing traffic count data, and delay data. 4.11 Highway Lighting: The PROJECT design and plan preparation shall include a complete highway lighting design for the PROJECT from Airport Road to Santa Barbara Boulevard (minus the FDOT section). Lighting for side streets is not included in this scope of services. 4.12 Maintenance of Traffic (MOT): The CONSULTANT is required to design and prepare plans for the maintenance of traffic for the design phases of construction to warn commuters of construction activities in advance of entering and leaving the work zone in accordance with construction requirements that will be determined by the parties during the CONSULTANT's performance of services under this Agreement. MOT plans for the 1-75 Interchange will be done by the FDOT. 4.13 Signing and Pavement Markings: The PROJECT design services shall include the design and plan preparation for customary ground mounted signing and pavement markings as applicable within the PROJECT limits (minus the FDOT section). AGENDA .o.. NOV 2 8 20OO 37 [ F'g._ ~'~ __ M:~000 ProjcctsX00-0094 RIP # 00-3063 Design and Permitting of GGPW~PSA~Scop¢ of Services Revision 2.do~ 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.14 Signalization and Signal Interconnect: The PROJECT design services shall include the design and plan preparation for signal interconnect required within the PROJECT limits (to be shown on the lighting plans). Signals shall be designed for the Airport Pulling Road, Livingston Road (modifications), and Grey Oaks (one future and existing Naples Grande) intersections. The COUNTY shall provide existing signal As- Builts to the CONSULTANT. Signal Timing shall be the responsibility of the COUNTY. , 4.15 Right-of-Way: 4.15.1- The CONSULTANT shall be responsible for submitting recommendations for additional rights-of-way and/or easements, as deemed necessary to accomplish the PROJECT construction at the 30% design interval. 4.15.2 The CONSULTANT shall be required to undertake preparation of new recordable fight- of-way maps; the COUNTY will provide the parcel numbers for the maps. 4.15.3 The CONSULTANT shall prepare and furnish certified sketches of survey and legal descriptions for all additional fights-of-way and/or easements that might be required and authorized by the COUNTY. 4.15.4 The COUNTY will assist the CONSULTANT in identifying fight of way encroachments during a site visit for this specific purpose. 4.16 Safety Barrier Systems: The CONSULTANT shall determine the need for and shall design guardrail and/or other safety barrier systems. 4.17 Landscaping: The CONSULTANT will not prepare a complete set of landscape plans for the PROJECT at this time. The CONSULTANT will prepare a sleeving plan to be incorporated on the roadway plan and profile sheets that accommodates a future median irrigation system. 4.18 Hydraulics/Hydrology: The CONSULTANT will do hydrology and hydraulic calculations to establish peak flood flows and-the size for major drainage structures that may be needed. We will address hydraulic capacity of the structure openings and scour potential. The CONSULTANT will present the results of the analysis in a Hydraulics/Hydrology Report. It will be a record set of drainage computations, both hydrologic and hydraulic. 38 M:~2000 Projects~30-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scope of Services Revision 2.doe 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Lauing Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.19 Structural Analysis: The CONSULTANT shall develop the design cr/teria and prepare plans and estimated costs for structural alternatives to provide for a new right turn lane from Airport-Pulling Road northbound over the canal. Conceptual guidance on how the structure should fit into the uniqueness of the site will be provided. Structural analysis will include the following: , a. Environmental and site considerations; b. Vertical and horizontal clearances; c. Disposition of existing slructures; d. Vertical and horizontal geometry; e. Typical section; f. Aesthetic level for the approaches; g. Hydraulics Report; h. Stream bottom profiles; i. Geotechnical data; j. Phase Construction Impacts; k. Construction time. 4.20 Construction Cost Estimates: The CONSULTANT shall prepare a certified engineers' estimate of probable construction cost at 30%, 60%, 90%, and Final Plan submittal. The CONSULTANT shall use the FDOT's current Cost Estimating System (CES), including the pay item structure, descriptions and unit prices, as the basis for the estimate of probable construction cost. 39 M:~000 Projects~)O4R)94 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scope of Services Revision 2.doe 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 4.21 Plan Submittals: 30% Plan Review Six-Laning Improvements Purpose/Description To review the CONSULTANT's putposed grades, PGL, geometric layout, survey data, basic geometries, right-of-way recommendations, study/report recommendations, and other preliminary design materials. This submittal will provide the technical basis for further plan development Minimum submittal requirements include the following: 1. Key Sheet 2. Drainage Map & Project Layout 3. Typical Sections/Special Details 4. Roadway Plan & Profile (including side streets) 5. Roadway Cross Sections (including side streets) 6. Traffic Control Plans (Conceptual) 7. Right of Way Maps NOV 2 8 2000 pg. /~ 40 M:~2000 Projects~)04)094 RFP # 00-3063 Design and Permitting of GGPW~PSA'~cope of Services Revision 2.doe 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 60% Plan Review Six-Laning Improvements Purpose/Description To review the CONSULTANT's grades, drainage mapping, typical sections, profile grade lines, intersection designs, drainage structures, soil survey, and similar design elements. Designs at this stage are subject to minor revisions. Substantial changes to the type, size, and location of major features will be considered extra work. Minimum submittal requirements include the following: 1. Key Sheet 2. Drainage Map & Project Layout 3. Typical Sections/Special Details 4. General Notes 5. Roadway Plan & Profile (including side streets) 6. Drainage Stmctures:(including side streets) 7. Retention/Detention Ponds 8. Soil Survey 9. Roadway Cross Sections 10. Traffic Control Plans (Conceptual) 11. Utility Adjustment Plans 12. Structure Plans 13. Signing and Marking Plans 14. Signalization Plans 15. Lighting Plans 16. SWPPP Plans (8 1/2"X 11") 17. Right of Way Maps 18. Additional Right of Way and Easement Sketch and Descriptions AGEJ~iDA J.T~M NOV 2 8 2000 41 M:X2000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSAkScope of Services Revision 2.doe 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 90% Plan Review Six-Laning Improvements Purpose/Description To review the CONSULTANT's final grades, drainage mapping, typical sections, profile grade lines, intersection designs, drainage structures, soil survey, and similar design elements. Final designs at this stage subject to minor revisions. Substantial changes at this stage will be considered extra work. Minimum submittal requirements include the following: 1. Key Sheet 2. Drainage Map & Project Layout 3. Typical Sections/Special Details 4. Summary of Quantities 5. Summary of Drainage Structures 6. General Notes 7. Roadway Plan & Profile (including side streets) 8. Drainage Structures (including side streets) 9. Retention/Detention Ponds 10. Soil Survey 1 i. Roadway Cross Sections 12. Traffic Control Plans 13. Utility Adjustment Plans 14. Structure Plans 15. Signing and Marking Plans 16. Signalization Plans 17. 18. 19. 20. Lighting Plans SWPPP Plans (8 1/2" X 11") Right of Way Maps Additional Right of Way and Easement Sketch and Descriptions NOV 2 8 2000 42 pg. M:~2000 Projects~00-0094 RFP # 00-3063 Design and Permitting of GGPWXPSA~Scope of Services Revision 2.doc 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 100% Plan Review Six-Laning Improvements Purpose/Description To review the CONSULTANT's final plans, evaluations, recommendations, quantities, contract documents, for content, completeness, and form and sufficiency for bidding purposes. The purpose of the review is to correct typographic errors, to determine outstanding contract obligations by CONSULTANT and to determine a timetable for contract closeout. All PROJECT plans shall be completed at this stage. 4.22 Construction Bid Support Services CONSULTANT shall assist in securing bid and: a. Provide interpretation and clarification of applicable Contract Documents during bidding; b. Coordinate bid process as applicable with Collier County Purchasing Department including advertisements, publications, Contract Document sales and receipt of bids; c. Attend pre-bid meeting with prospective bidders; d. Attend the bid opening and assist the COUNTY in evaluating bids; e. Assist the COUNTY in evaluating bidder's previous experience, if necessary; f. Prepare and issue addenda as appropriate to interpret, or clarify Contract Documents; g. Make a recommendation of contract award. NOV 2 8 20 0 ~g. ~3- 43 M:L?.000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scope of Services Revision 2.doe 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 5.0 GRADE SEPARATION PLANNING DEVELOPMENT AND ENGINEERING (PD&E) (PHASE IB~ Contingent Future Service 5.1 Overview The CONSULTANT will do a Project Development and Environmental (PD&E) Study to decide what type of interchange may be needed for the Golden Gate Parkway/Airport-Pulling Road (CR' · 31) Intersection. Note: This is a contingent future service, with f'mal scope, schedule and fees to be worked out at a future date. All items in this Section 5 form a conceptual framework for future services. · The objective of this study is to provide documented information necessary for the COUNTY to reach a decision on the type, design and location improvements for the interchange. Kimley-Horn and Associates (KHA) was appointed by the COUNTY to do a Grade Separation Study for the 21 busiest intersections that were identified by the Collier County Metropolitan Planning Organization (MPO) as potential candidate sites for grade separation. The Golden Gate Parkway/Airport-Pulling Road (GGP/APR) intersection will probably require a grade separation. AGENDAJ]~M No..._~' ~ ~> . NOV 2 8 2000 M:~2000 Projects~00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scope of Services Revision 2.doc 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 6.0 PLANS PREPARATION~ ENDORSEMENT AND OWNERSHIP 6.1 The COUNTY reserves the right to reject plans prepared on material, which it ' deems unsatisfactory or in deviation from standard requirements listed in the FDOT Plans Preparation Manual. All plan/profile sheets, except key sheets, shall have a standard FDOT title block across the entire bottom of the sheet. The COUNTY. shall furnish a standard Project title block for other plan sheets which do not have standard FDOT format.. 6.2 . All final plans, documents, reports, studies, and other data prepared by the CONSULTANT and/or its sub consultants will bear the signature and seal of the CONSULTANT's record engineer or the applicable design engineer who shall be duly registered in the appropriate professional category. 6.3 After the COUNTY's acceptance of final plans and documents, the original set of drawings, will be provided to the COUNTY along with one record set of prints. The CONSULTANT shall signify, by affixing an endorsement (seal/signature, as appropriate) on the record set that the CONSULTANT produced the work shown on the endorsed sheets. AGI~NDA t~EM NOV 2 8 2000 45 M:k2000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scop¢ of Services Revision 2.doc 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 7.0 MILESTONE DATES 7.1 The COUNTY anticipates that a (maximum) (3) three-week formal review and critique period will be necessary for each highway design status activity interval specified for all roadway design services upon receipt of plans accompanying information from the CONSULTANT. It is understood by the parties that if any COUNTY review period exceeds 14 calendar days, the CONSULTANT shall have the option of pursing a Supplemental Agreement for additional contract service time equal to the number of effective delay days. 7.2 The bar chart schedule .for the PROJECT is attached as Schedule C. 7.3 A summary of key dates is as follows: Activity Description No. Days from NTP to End Date Phase IA and II Preliminary Engineering and Environmental Assessmenl127 Design Survey 157 Geotechnical Investigation 157 Phase I B Grade Separation PD& E (Contingent Future Phase)TBD Phase IA 30% Plans 270 Phase IA 60% Plans 414 Phase IA 90% Plans 554 Phase IA 100% Plans 600 Phase II 30% Plans 270 Phase II 60% Plans 414 Phase !1 90% Plans (in sync with FDOT Interchange Schedule)628 Phase II 100% Plans (in sync with FDOT Interchange Schedule)752 Permitting 450 Right of Way Mapping 390 Right of Way Sketch and Descriptions 390 NTP = Notice to Proceed, TBD = To Be Determined. 46 M:k2000 Projects~0-0094 RIP # 00-3063 Design and Permitting of GGPW~PSA~Scoi~ of Services Revision 2.doe 10/19/00 AG,EH D/~ J;T,_~M .o..s_ NOV 2 8 2000 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 8.0 SERVICES DURING CONSTRUCTION The CONSULTANT shall perform professional services during the bidding and construction phases for the PROJECT that will be negotiated as part of a future supplemental agreement. During the construction phase, the CONSULTANT shall provide complete Construction Engineering & Inspection (CEI) services, including surveying and materials testing. 9.0 MINIMUM PLAN REVIEW CONTENT Minimum plan review requirements for each design status activity interval for the PROJECT shall comply with the requirements for the "FDOT Roadway Plans Preparations Manual." 47 M:X2000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~Scope of Services Revision 2.doe 10/i9/00 r--- AGF~NJ~A. IT-E~' ' No.__ ~. '.[.9'_ '"~ -- NOV 2 8 2000 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 10.0 COST PROPOSAL 10.1 See Attachment "B" for consulting engineering cost proposal (work breakdown structure), which includes details of'services categories, scope of plan preparation, breakdown of costs and man-hours. The man-hours estimate and rate codes are used as a basis for determining the applicable fees. Attachment "B" includes CONSULTANT's and Sub-Consultant's cost proposal as applicable. The Payment for the services in Attachment "B" shall be paid on a lump sum fee basis in monthly installments based on the work progress determined by the CONSULTANT and approved by the COUNTY project manager. 10.2 The CONSULTANT'S cost proposal herein does not include costs for permit application fees to respective environmental agencies. The cost for permitting, if paid by CONSULTANT, shall be reimbursable by the COUNTY in full upon submittal of fees justification. 11.0 SUBCONTRACT SERVICES Due to the nature and scope of the required services, it may be desirable for the CONSULTANT to subcontract portions of the work (i.e., aerial photography, subsurface investigation). The CONSULTANT shall be authorized to subcontract these services under the provisions of this Agreement. The subcontracting with firms other than those shown in the proposal must be approved in writing and pre-qualified by the COUNTY prior to initiation of any work. The following are firms are anticipated to perform professional services on this project: 1. Stanley Consultants, Inc. (Transportation, Structures, Plans Production) 2. Aerial Cartographics of America, Inc. (Aerial Photography) 3. Forge Engineering, Inc. (Geotechnical) 4. McGee and Associates (Landscape) 5. Passarella and Associates, Inc. (Environmental) AG~A~T~..~ NOV 2 8 2000 48 M:~.000 ProjectsX00-0094 RFP # 00-3063 Design and Permitting of GGPW~PSA~S¢opo of Services Revision 2.doc 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 12.0 NOTICE-TO-PROCEED MEETING AND COORDINATION MEETINGS 12.1 The CONSULTANT shall attend a meeting scheduled by the COUNTY to receive the official Notice-to-Proceed. The purpose of this introductory meeting is several-fold: a) The COUNTY will endeavor to render all relevant information in its possession. This may include traffic data, planning information, and available "as-built" and/or record construction plans. b) The COUNTY and the CONSULTANT will establish a common understanding upon which the plans process will be developed. c) The COUNTY will explain the financial administration of the Agreement. d) The COUNTY will address CONSULTANT's questions and area needing clarification. 12.2 The CONSULTANT shall keep the COUNTY informed as to the status of the project design through no less than monthly meetings. NOV 2 8 2000 49 M:~2000 Projects\00-0094 RFP # 00-3063 Design and Permitting of GGPW~SAXScope of Services Revision 2.doe 10/19/00 Schedule A Scope of Services Golden Gate Parkway Six Laning Improvement (CR 31 to Santa Barbara Boulevard) Collier County Project Number 60027 13.0 EXPERT WITNESS TESTIMONY 13.1 The CONSULTANT shall serve as an expert witness for the PP 2)JECT in legal proceedings if required by the COUNTY. The fee(s) for these services shall b~. established, if and when said services are required. 13.2 Additionally, the CONSULTANT shall provide/render professional opinions and assistance to the COUNTY during any public heatings and or public workshop sessions relating to the PROJECT, if such services are requested in writing. The fee(s) for these services, as well as the services described under Article 13.1 below, shall be established by the parties pursuant to the provisions of ~Article 2 of this Agreement. .~ AGENDA ITEM NOV 2 8 2000 Pg. 50 M:~2000 Projec~X00-0094 RFP # 00-3063 Design and Permitting of GGPW~SA~Scope of Services Revision 2.doe 10/19/00 Schedule B Basis of Compensation Services Summary Activity Professional Services Cost A~_~.~ r)A j.[..~_M - .o.'~.~, - NOV 2 8 2000 P~. 1ofll lO/19/oo Fee Estimate Revision 2.xls; Sheet1 Schedule B Basis of Compensation NO. Professional Services Cost 4.1 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4,19 420 12_00 FeeNotes: Phase IA and II-Preliminary Engineering and Environmental Assessment Public Involvement Plans and Submitta~ Expenses note 1 Subsurface , Coordination Environmental Services Coordination of Design within Project Limits Traffic Studies/Analysis Highway Lighting Maintenance of Traffic Si~ning and Pavement Markings Signalization and Signal Interconnect Right of Way Safeb/Barrier Sy~items Landscaping Hydraulics/Hy(trolocdy Structural Analysis Construction Cost Estimates Notice to proceed meeting and coordlnaUon meetincjs Sub Total $ 2,870 $ 8,295 $ 81295 $ ~ 5,385 $ 3,945 $ 5,955 $ 5,245 $ 2,785 $ 3r045 $ 8t125 $ 4,105 $ 5,095 $ 2,865 251,262 1) Para 4.4 Includes lump sum additions of $18,248 for aerial 2) Para 4.5 includes lump sum addition for associated Forge Testing Services {See Attachment Detail) = AGEN~ No. ~ .~ UT~M NOV 2 8 2000 10/19/00 2 of 11 Fee Estimate Revision 2.xls; Sheet1 Schedule B Basis of Compensation Professional Services No. Activity Cost 'Phase IA-30 % Plans 4.1 Public Involvement (occurs in Phase II) $ 4.3 Plans and Submittal Expenses $ 6,000 4.4 Design Survey $ 5,020 4.5 Subsurface Investigation $ 1~320 4.6 Utilil7 Coordination (occurs in Phase II) $ 4.7 Drainage Design Requirements $ 5,915 4.8 Environmental Services $ 12,000 4.9 Coordination of Design within Pro~ect Urnits $ t,060 4.17 Landscapi~ $ 3~4,45 4.18 H!/d ra ulics/H),drolO<~ly $ 6,615 4.19 Structural Analysis $ 6,385 4.20 Construction Cost Estimates i $ 8,855 4.21 Key Sheet (1 sht) $ 140 4.21 Drainage Map & Proj Layout (1 sht) $ 2,105 4.21 Typ Sect/Spec Details (3 shts) $ 2,775 4.21 Roadway Plan and Profiles (including s/de streets) (18 shts) $ 23,490 4.21 Roadway Cross Sections (including s/de streets) (23shts) S 12,780 4.21 Traffic Control Plan (Conceptual) $ 12,010 4.21 Plan Submittals Total $ 531300 12.00 Monthly Coordination (occurs in Phase II1 $' ~ Sub Total 109,915: AGF_~D.A~IT~M NOV 2 8. 2OOO 3ofll 10/19/00 Fee Estimate Revision 2.xls; Sheet1 · Schedule B Basis of Compensation Professional Servtce~ No. Activity Cost ~ Phase IA-60 % Plan~ 4.1 Public Involvement (occurs in Phase II) $ 4.3 Plans and Submittal Expenses $ 8~000 4.4 Desitin Survey $ 10~755 4.5 Subsurface Investigation $ 1 ~32.0 4.6 Utility Coordination (occurs in Phase II) 4.7 Drainage Design RequiemantS $ 6~005 4.8 Environmental Services $ 9,315 4.9 Coordination of Design within Project Limits$ 1,0~0 4.20 Construction Cost Estimates $ 8,345 4. 21 Key Sheet (1 sht) $ 140 4.21 Drainage Map & Proj Layout (l sht) $ 2,105 4.21 Typ Sect/Spec Details (3 shts~ $ 3,035 4.21 General Notes (1 sht} $ ~ 835 4.21 Roadway Plan and Profiles (IncJuding side streets) (l$ shts) $ 17~855 4.21 Drainage Structures (8 $hts) $ 15,915 4.21 Retention/Detention Ponds (4 shts) $ 9,280 4.21 Soil Survey (1 sht) $ 920 4.21 Roadway Cross Sections (inc/ud/ng side streets) (235hts) $ ~ ~,040 4.21 Traffic Control Plan (Conceptual) $ 12,590 4.21 Uh7ity Adjustment Plans (20 shts) $ 8~925 4. 21 Structure Plans (4 shts) $ 7,285 4. 21 S~ning ancl Marking Plans (13 shts) $ 13,98.5 4.21 S~nalization Plans (10 shts) $ 9,175 4.21 I. Jghtin~ Plans (11 shts) $ 10,100 4.21 Plan Submittals Total $ 123,195.00 12.00 Monthly Coordination $ 2,420 ~ Sub Total 188,415 AG..F.~ D~ ~M NOV 2 8 2000 10/19/00 4 of 11 Fee Estimate Revision 2.xls; Sheet1 Schedule B Basis of Compensation Professional Services No. Activity Cc~t ~ Phase IA-9O % Plan~ 4.1 Public Involvement $ 5,350 4.3 Ptans and Submitt~ Expenses $ 6,000 ,. 4.4 Des~rl Survey I $ 1,175 4.5 Subsurface I nvesti~ation $ 1,320 4.6 Utility Coordination $ 6,470 4.9 Coordination of Design within ProJect Limits $ 1,060 4.20 Construction Cost Estlmates/Comp Boc~ $ 8,935 i 4.21 Key Sheet (1 sht) $ 140 4.21 Drainage Map & Proj Layout (1 sht) $ 2~105 4.21 Typ Sect/Spec Details (3 shts) $ 3,035 4.21 General Notes (1 sht) $ 835 4.21 Summaq/ of Drainage Stn.,ctures (,2 silts) 4.21 General Notes (1 sht) $ 320 4.21 Roadway Plan and ProfSes (including side streets) (18 shts) $ 7,965 4. 21 Drainage Structures (8 shts) $ 6,815 4.21 Retention/Detention Ponds (4 shts) $ 3,050 4. 21 Soil Survey (1 sht) $ 920 4.21 Roadway Cross Sections (Including side streets) (23sht$) $ 3,500 4. 21 ~ Traffic Control Plan (13 shts) $ 9,345 ~1. 21 Utility A(~ustment Plans (20 shts) $ 8,375 4.21 Structure Plans (4 shts) $ 6,905 4.21 Signing ancl Marking Plans (13 shts~ $ 7,075 4. 21 Sk]nal/;zation Plans (10 shls) $ 7,055 4.21 Ughting Plan~ (11 shts} $ 7,055 4.21 Plan Submittals Total $ 76,075 12.00 Monthly Coordination $ 2,420 ~ Sub Total 108,805 NOV 2 8.2000 - 5ofll 10/19/00 Fee Estimate Revision 2.xLs; Sheet1 Schedule B Basis of Compensation Professional Services No. Activity Cost ~ Phase IA-lOO % Pl,n~ ~ 4.1 Public Involvement $ 5,350 4.3 Plans and Submittal Expenses $ 6~000 4.4 Design Survey $ 1~175 4.5 Suisun'face Investigation $ 1 ~230 4.6 Utaib/Coordination $ 3~090 4.9 ~:~rclination of Design within Project Limits i $ 1~060 4.20 Construction Cost Estimates/Comp Book $ 4~675 4.21 Plan Submittal Revisions $ 14~455 422 Construction Bi~ Support Services $ 5~145 12.00 Monthly Coordination ' $ 2,420 ~ Sub Total $ 44,600, AGENDA,,I,T~=M .o.___ NOV 2 8 2000 10/19/OO Fee Estimate Revision 2.xJs; Shee~l Schedule B Basis of Compensation Professional Services No. Activity Cost ~ Phase 11-30 % Plans ~ 4.1 Public Involvement $ 8,600 4.3 Plans and Submittal Expenses $ 6tO00 4.4 Desicjn Survey S 58,475 I 4.5 Subsurface investigation $ 1 ~320 4.6 Utlli~ Coordination $ 6,470 4.7 Drains~e De~i~n Requiremer~ $ 6,005 4.8 Environmental Services $ 12,775 4.9 Coordination of Design within Project Limits $ 5,680 4.17 Landscapincj $ 3~44.5 4.16 Hydraulics/Hydrolo~y $ 6,235 4.19 Structural Analysis $ 4.20 Construction Cost Estimates $ 9,235 4.21 Key Sheet (1 sht) $ ~ 140 4.21 Drainage Map & Pr~ Layout (1 sht) $ 2,105 4.21 Typ Sect/Spec Details (3 shts) $ 2,775 4.21 Roadway P/an and Profiles (including side streets} (24 shts) $ 27,765 4.21 Roadway Cross Sections (including side streets) (32 shts) $ 15,455 4.21 Traffic Contr~ Plan (Conceptual) $ 11,235 4.21 Plan Submittals Total $ 59,475 12.00 Monthly Coordination $ 2~420 ~ 'Sub Total 184,135 Ar'-~Jr~ ITEM ' No. NOV 2 8 2000 10/19/00 7 o~ 11 Fee Estimate Revision 2.xts; Sheat1 Schedule B Basis of Compensation Professional Services No. Activity Cost ~ Phase ,1--60% P~ 4.1 Public Im/olvement $ 4.3 Plans and Submittal Expenses $ 6~000 4.4 Design SerFray $ 38~455 4.5 Subsurface Investigation $ 1 ~320 4.6 Utillt~ Co~'dlnaUon $ 8,470 4.7 Dm~'~age Design Requirement,s, $ 4.8 Environmental Services $ 8~805 4.9 Coordination of Design within Project Limits$ 9,970 4.20 Construction Cost Estimates ' $ 8~485 4.21 Key Sheet (1 sht) $ 140 4.21 Drainage Map & Pr~ Layout (1 sht) $ 2~ 105 4.21 Typ Secl/Spec Details (3 shts) $ 3,035 4.21 General Notes (1 $ht) $ ~ 835 4.21 Roadway Plan anti Profiles (including $~e streets) (24 shts) $ 23~840 4.21 Drainage Structures (6 shts) $ 18,440 4.21 Retention/Detention Poncis (10 shts} $ 13,875 4.21 Soil Survey (1 sht) $ 92O 4. 21 Roadway Cross Sections (including side streets} (32shts) $ 14,455 4.21 Traffic Control Plan (Conceptual) $ 10,815 4.21 Utility A~t/usfment Plans (26 shts) $ 11~155 4.21 Structure Plans (None) $ 4. 21 Signing and Marking Plans (16 shts} ! $ 14,575 4.21 iSIgnalization Plans (None) $ 4.21 Ll~hting PJans (11 shts} $ 10,140 4.21 Plan Submittals Total $ 124~330 12.00 Monthly Coordination $ 2,420 ~ Sub Total 217,810 AGENDA,J-TEM .o, NOV 2 8 2000 10/19/00 8 of 11 F~e Estimate Revision 2.xts; She~l Schedule B Basis of Compensation Professional Services No. AcUvlty Cost ~ 'hase 11-90 % Plan~ ~ 4.1 Public Involvement $ 5,350 4.3 Plans and Submittal Expenses $ 6,000 4.4 Design Survey $ 1,175 4.5 Sut3surface Investi~atio~ $ 1 ~320 4.5 Utilit~ Coordination $ 6,470 4.9 Coordination of Des~n within Project Limits $ 5,680 4.20 ~onstruction Cost Estimates/Comp Book $ 8,935 4.21 Key Sheet (1 sh~} $ 140 4.21 Drainage Map & Proj Layout (I sht) $ 2,105 4. 21 Typ Sect/Spec Details (3 shts~ $ 3.035 4.21 General Notes (1 sht) $ 835 4.21 Summaq/ of Drainage Structures (2 shts) $ 1.580 ' 4.21 General Notes (1 sht~ $ 320 4.21 Roadway Plan and Prof~es (including side streets) (24 sbts) $ 9,695 4.21 Drainape Structures (8 shts} $ 6,815 i 4.21 RetentiorVDetention Pon~ls (10 shts) $ 5,955 4.21 So# Survey (1 sht} $ 920 4,21 Roadway Cross Sections (including side streets) (32shts~ $ 4,420 4,21 Traffic Control Plan (16 ,silts) $ 10,855 4,21 Utility Adjustment Plans (26 shts,) $ 11,325 4,21 Structure Plans (None} $ 4, 21 Signing and Marking Plans (16 sltts) $ 8,985 4,21 $i{~nalizatlon Plans (None} $ 4, 21 Li~htin~/ Plans (11 shts} $ 7,265 4.21 Plan SuOmittals Total $ 74,250 1200 Monthly Coordination $ 2,420 ~ Sub Total $ 111,600 NOV 2 8 2000 9ofll 10/19/00 Fee Estimate Revision 2.xls; Shee{1 Schedule B Basis of Compenea. fion Professional Services No. Activity Cost ~ Phase 11-100 '/. Plan~ ~ 4.1 Public Invctvement $ 5,350 4.3 Plans and Submk~tal Expenses $ 6,000 4.4 Design Survey i $ 1,175 45 Subsurface Investigation $ 1~230 4.6 Utilit~ Coordination $ 2,955 4.9 Coordination of Design within Pr~ect Limits $ 5,680 4.20 Construction Cost Estimates/Comp B(x~ $ 5,145 4.21 Plan Submittal Revisions $ 14 580 4.22 Construction Bid Support Services $ 5~400 12.00 ~ Monthly Coordination $ 2~000 ~ Sub Total $ 49,5t5 t 0v 2 8 2000 10'19/00 10 of 11 Fee Estimate Revision 2.,xls; Sheet1 Schedule B Basis of Compensation Services Attachment Detail Test Total $ 40O 5,120 240 lOO TOTAL 275 $ 15,904 ~.~AGENDA i~ NOV 2 8 2000 11 of 11 10/19/00 Fee Estimate Revision 2.xls; She~l NOV 2 8 2000, Sent By: HP Laser'Jet 3100; 9416497t/56; ,:)r;t-25 r~r, ~'39; ,',,'~- 2/6 00-3063 - 'Design & Permitting O! Golden Gate .Parkway (Ai~po~x Road to Santa Barbara lto~devard) Collier County Florinn Insurance Requiremen INSURANCE TYPE REQt~ 1 RED LIMYI'S I. Worker's Compensation Starut~ ~'~ Limi~ of Florida Statutes, Chap X 2. Commercial General Liabd~ty (Occurrem:e Form) Patterned after the 1985 I.S.O. fi'~rm with n,~ imfiting Endorsements. 440 and all Federal Govezm-nent .qtatmory Limits and Requiremeres. Bodily !nlu__r7 &___P_roper~y D~age $1~000d)_0~ Single LmJi~ Per Occm ~,~nce X 3. INDEMNIFICATION: Thc Consultant. m ~oonsidcrant,v often I)ollars ($10.00)~ the r~mW and sufficiency of wh,ch is acknowledged lh~ough the si~ing of this docummi, shall protect, defend~ indemnifi, 4gd hold Collier County md its offic6rs, employees and agents hapless I~c,m and against m~y and all losses, penalties, d~ages, profess;,,nal fees, including atlorncy fees and all costs of litigation and .jud~ents ar,~m~g out of any willfid ,-msc~)nduct or negligent ~t, e~or or omission of the (" ~nsultant, its su{, consultams, agents or employees, afisi~g oul of or incidenla~ i,., the perromance of this cmdract work perfo~ed thc~em~der. This provisic?~ shall also pro rain to any claims broughl against ~c t :ounty by any employ¢:e of the named {.'onsullan~, .any sub consultant, subcontractor, or anwme dire~.i~, or indirectly c.'nployed by m~y of them This scc)~on does not pertain to :any incidc~i at~sing from )),c ,~ole negligence (?oilier County. " X X 4 Automobile Liabilnv Owned/Non-owned/H ired Automobile included $1,00!1,00!! [!ach Oct,,. ~m~ce Other Insurance as indicated below: a) Professional I.,iai'nhry .o..u_ NOV 2 8 2000 The Propose~ shall be solely responsible to pomes with whom it shall deal m carrying out the tezms of this agreement and shall inde, nnifx; and hold the County harmless agmnst all claims arising ti'onr~ the negligent acls, errors omissions of consultant by third parties. l'm: Proposer shall carry a professional liability insurance in an amount not less than S, ent BV' HP Laser Jet ,qlOOj ~g41649./0%6; ~lct 25 ~r': H:,qb !', ? ;3/6 RIvP # 00-3063 - "Design & P~'rmitting oj Golden Gate Par~way (At?'port Road to ,.~ange Barbara Bo,devttrdJ x x x x x 6. Contractor shall insure that all subcontrm mrs comply with the same insurance Requirements that he is reqmred to mee~ The same Contractor shall provide County with terri ficates of insnrance meeting the required insurance provisions. 7. Collier C. ounty must be named as "ADDITIONAL INSURED" o~, the Insurance Certificate for Commercial General Liability where required. 8. Collier County Board of County Commis:,,mners shall be named as the Certificate Holder. NOTE---The "Certifi,:ate ~lolder"' sh, mM read as follows: Collier County Board of County Commissioners Naples, Florida 'No County Division. Department. or indiwd:~ai name should appear or~ the Certificate N~2 o~[ [ojmat _~J!S ~: accept/4bl~: 9. Thirty ('30) Days Cancellation Notice rc,~uired 10.The Certificate must state the Rid Numb,':;' mad Title. BIDDERfi AND ISU3ZANCE We understand the insurance requirements of these specifi,:..mns and that t)..~-evident,- of insur'ahilitymay be required within five {5) days c~f the awmd of Md. Bidder Signature of-Bidder AG~/3, tTJ~M NOV 2 8 2000 ~ent B'/: HP Laser Jet 3100; 941649/066; Flct 25 (Iri R':30; ,',~,]~ 4/6 CERTIFICATE OF LIABiLI INSURANCE 04/07/00 ~P~oou¢~ ............................ ~lS ~FI~TE IS I~ AS A ~ ~ I~t~ -'~ples ~ ~[ 34103-3303 ~#$URED RWA, Inc. & RWA Surveying, Inc. 3050 Morseshoe Drive N~ j270 Naples, FL 34104 ,nsu,£R^; C ] ncinnati I nsuranc e' ' Compa~y ~~su.~,.: Hart ford I nsu ~'ance INSURER ~ tN~U~ D: INSURER E ~P~ ~F INSURANCE ~LI~ ~UMa ER (~ ~'L A~R ~AT[ LIMITA~LIEg PER: ~ ~LIGY~pRO' ~LDG ~.ECT A *uto.o.,~e u.e~u~ CA~7694292 SGH EDULED~UTDS iE~PLOY~' LlaOmLl~ ._DATE fH M/DD.~'~q. 02/06/00 02t06/01 --'0~/06/00 0~/07/0[] ----~ OTH[R I j , . '-!~- '--'I AGF. F.~,I~?.~EM .............. ! OE~CRIPT[~# OF OPERAIION~/LOCATtON~ ~VEMiCL~/E~CjustDN~ Ar)DEO ~Y EN~HS AM ~T~PECIAL ,"ROWtS~o~' Engineer or A~chitect Consultin.~ ~ NOV ~ 8 ~000 *30 Days for Workers' Compensation Certificate Holder is Named as Additional Insu~,~,] As Re,,p,~, ts t([n~ /~ General Liability Omly- re: Co]]~.er County ~P ~ 00-3063 o~;~gn ' Airport R~ad to Sant~ Rarba~a Bird} 'Pe.~mitting of Golden (;ate Park~:way COLLIER. COUNTY COMMISSIONERS i NAPLES FL I BOARD OF COUNTY RF.A o AC(~D ~3FiPORAIION 1998 Sent B',,: HP La&eP~et 3100j /056 IMPORTANT If tha ~if~,te rioIcier is an ADDITIONAl ~NSUP~Di ~e i:~l~i~[i~ .-lllt.~ be ~)I'T-~J. ~, .q~m~lJ If SUBROGATION IS WAIVED, subjeff to the lefrns and conditions of ~he pol~-y, certain policies may rec~dire art endorsement. A stalerriehl o~1 l~liS cerfificale does nov c. of~fer rights In the ced~ficate holder in lieu of sudl endorsemer4(s). DISC! AIMER The Certificate of In.~rance c~ We reverse. side ol thk~ form doesnu'l consl~le a rx~t~ betweel~ ~e issuln9 Insurer(s), ~u~horlzecl representative o~ ~'oclucer, and ~h. ~dificate rloider. nr~ does' it affirmatively or negatively amend, extend or alter the cz~verage afforded by bqe i~dir:ie.s II~led therec~ 516 No - ~'- NOV-2 8 2000 ACORI~Zs-s(?tsn2 of 2 ~S168162/t416}~ti61 Sent By: HP Laser Jet 3100; i Suncoast Ins~rance Associate ~P.O. Box 22668 I~ampa, FL 33622-2668 RWA~ Inc. 3050 ~o~seshoe Drive North Naples, FL 34104--7910 aSecu~ CQM~N¥ B c D Ins of ~{artford ~""P~; AUTOMO 8;LE LIA BJL~ ANYAUtO ALL SCHEOULED AUIDS HIRED AUTOS NON -OWNED Ai JTOS E](C ~1~ LIA BIUT¥ UMBR~L LA F'O~M THE P~O~RI~DR~ PARTNERS/EXECUTIVE I~Cl ' o,.{. h~LS] 197602 Profess ional Liabi 1 ity G~ ~ON POLICY EFFEGTIYE, OATE IU MID D/Y%1 3/01/00 Professional Liability is written on a RE; RFP ~00-3063 - Design & Pe~m~'tting Road to Santa Barbara Blvd.) '~:'::: ~'~": ;';'-':':':' ':':'~:EF~>'"";';':c ......;';'~'-~ ' ' "~ ~ ' ~ I~;~'~ .........;": ..........~' Collier County Commissioners Naples,'FL Board of County aims made bas is_ Pg. :~ DA~ W~I ~ FN ~OIICF ~ IH~' CER~,FICATE HOI [)~ N~ M E~ ~ ~ ' SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. , (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 Copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been s~tisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. NOV 2 8 2000 (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain. until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a.waiver of any of its rights under the Contract Documents. (9) -If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? 24 (check one) ~ Yes No NOV 2 8 2000 .(1) Workers' Compensation and Employers' Liability Insurance shall be maintained' by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. · The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X (2) $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. 24 (check one) Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work.. 24 (check one) Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? 24 (check one) X Yes No No.. NOV 2 8 2000 Pg. (1) Commercial General Liability Insurance shall be maintained by the .--Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, ~)perty Damage, P,-rsonal Injury, Contractual Liability for this Agreement, Independent ~ ontractors, Broad Fo~m Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: 24 (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $30O,O00 $300,O00 $ 5O,OOO $500,000 $5OO,OOO $500,000 $500,000 $50,000 X General Aggregate Products/Completed Operati.ons Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event cancellation or non-renewal the Extended Reporting Period (Disco. very Period) for claims shall be no less than three (3) years. AGENDA_J~EM NOV 2 8 2000 (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar co~/erage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. 24 (check one) Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. 24 (check one) Applicable Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders applicable. 24 (check one) Risk coverage shall be carried by the Owner if AGF~ID.~.I~'EM Applicable X Not Applicable NOV :2 8 2000 (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property .nsurance shall be maintained, unless otherwise provided' in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, un.til final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. 'This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at ihe Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in' Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option maintaining boiler and machinery insurance required by the Contract Docu No.. NOV 2 8 2000 .. which shall .specifically cover such insured objects during installation and until final acceptance 68 by. the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, "each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by ;-"~e Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. 24 (check one) All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $ AGRNO~M NOV 2 8 200O AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? 24 (check one) X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: 24 (check one) X Bodily Injury & Property Damage - $ 500,000, __ Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. _(3) the policy shall be so endorsed. The General Aggregate limit, if applicable, shall apply separately to this project and AGENJ3_/~T._F.F~ NOV 2 8 2000 PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? 24 (check one) X Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: 24 (Check One) X $ 500,000 each claim and in the aggregate ~ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OFSCHEDULED. .o._ NOV 2 8 2000 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, RWA, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the professional engineering design and environmental permitting services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Golden Gate Parkway County Project No. 60027 are accurate, complete and current as of the time-of contracting: RWA, Inc. Christopher O. Wright, P.E., Vice President Revised' January 25, 2000 N AGF-vNDA~-;EM NOV 2 8 2-d O EXECUTIVE SUMMARY REQUEST BCC AFFIRMATION OF SUPPORT FOR FINANCIAL MANAGEMENT SYSTEM REPLACEMENT PROJECT. OBJECTIVE: To have the Board affirm its support for the purchase of an integrated financial management system that will greatly enhance the business practices of the Board and Clerk of Courts agencies. CONSIDERATIONS: The current year budget includes appropriations of $750,000 towards the modernization of the County's current financial management system. The system operates several mission critical functions including, but not limited to payroll, budget, purchasing, payables and encumbrances. The County's current technology is more than ten years old and no longer meets the County's business needs. The appropriated funds in the current funds includes $500,000 in public records management trust funds under the purview of the Clerk of Courts. The Clerk is directly accountable to the State of Florida for the expenditure of these funds and is prepared to make that revenue available to the project. Initially, this will include the hiring of a consultant by the Clerk to assist staff from both agencies in managing various aspects of the project. In concert with the initiation of the the trust fund revenues under this project, the Clerk has requested that the Board formally affirm its support for the project. FISCAL IMPACT: Funding for this project is budgeted under the Countywide Capital Improvement Fund and is to be appropriated over a two-year period. At this point in time, the total multi-year project is estimated to cost $2,000,000. However, the total appropriation may need to be updated after proposals from the system vendors are received and evaluated.. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners affirm its support for the Board and Clerk agencies to move forward and commence work under the financial management systems project SUBMITTED BY: REVIEWED BY: REVIEWED BY: Steve Carnell, Purchasing/GS Director · Mitchell, Finance Diregtor Jo-Anne Leamer, Support Services Administrator Date: Date: N0 V 2 8 2000I EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS CONSIDER SUPPORTING THE FLORIDA ASSOCIATION OF COUNTIES EFFORTS TO ORGANIZE TO PROPOSE THAT FLORIDA BE ALLOWED TO USE POST-CENSUS LOCAL REVIEW AND CALL CENTERS TO IMPROVE THE CENSUS 2000 INFORMATION OBJECTIVE: To provide an opportunity for a more accurate population count for Florida and for Collier County CONSIDERATIONS: There is a concern that there was a significant undercount across the state in the Census 200 count. Because so much Federal funding is contingent upon population counts. the Florida Associate of Counties is coordinating an effort to have Counties submit letters (copy attached) to the Bureau of the Census asking for the opportunity to use the post-census local review process which is currently not made available to Florida; and to open "call centers" for a period of two weeks to allow those uncounted to register. GROWTH MANAGEMENT IMPACT: Because much of the comprehensive plan is pegged to population figures having an accurate count is an important component of the capital planning process. However there is no plan related impact to this specific action. FISCAL IMPACT: There is no fiscal impact associated with sending the suggested letter. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the Chairman to execute and submit the attached letter as requested by the Florida Association of Counties. Prepared by: Th~)~n~s W.-olJif'~, ~ Manager NOV 2 8 2000 / FLORIDA A$$OCIA TIOI~ _mBmmmm B BB ~BIBI Btam Immm ~i '~mmm' P.O. Box 549 / Ta//ahassee, Flor/da 32302 Phone: S$0/922-4500 Suncorn: Webslee: www, fi-countles. com M E M O R A N D U M via email TO: FROM: DATE: RE: All County Managers Mary Kay Carieso, Executive Director November 6, 2000 Census Results Preliminary census results show that there is good news and bad news for Florida. The good news is that the final mail back response rates exceeded the target rates, in most counties. However, the bad news is that Florida may not have received an accurate count. In fact, it is believed that there may be a significant undercount across the state; this will ultimately impact the federal dollars Florida counties receive. Through the efforts of Sunshine Count 2000 and local complete count committees, several problems were identified with the way the Census Bureau conducted its activities which are believed to have created enumeration inaccuracies. In a recent letter to Dr. Kenneth Prewitt, Director of the U.S. Census Bureau, Sunshine Count 2000 specifically identified a dozen issues of concern. Among the issues addressed were: no census questionnaires mailed to residential or rural boxes; discrepancies in the homeless counts (especially in Charlotte and Miami- Dade Counties); lack of census questionnaires in the Creole language; fraud within the Hialeah local census office; and accusations that census workers intentionally neglected Sunshine Count data. As a result of these concerns, Broward County Commissioner Ilene Lieberman, Chair of the State's Complete Count Committee, and Scott McPherson, Florida Census Director (Sunshine Count 2000), support and have proposed that Post-Census Local Review be utilized as a tool. In essence, post-census local review allows Florida's cities and counties to dispute Census numbers prior to them being officially released. In the past, this procedure has also been utilized. Unfortunately, that option, to date, has not been made available to states for Census 2000. In addition, Sunshine Count 2000 .would like to re-open Florida's call center for two weeks to capture anyone who has not been counted. AGENDa, ITEM No. ~ ( 0~,~ I NOV 2 8 2000 November 6, 2000 RE: Census Results Page 2 To ensure that Florida's voice is heard and that these suggestions are seriously considered, Sunshine Count 2000 is asking for help from local governments. Attached is a sample letter that we would like for your county to send Dr. Kenneth Prewitt with a copy to your congressional delegation. This letter can be used verbatim, or you are welcome to customize it. Please contact Leigh Root or myself at the Association office at 850/922-4300 if you have any questions regarding this memo or census activities in general. MKC/Ibr Attachment AGEND,~JTEM No. ,Vf/'~ I f NOV 2 B 2000 Sample Letter November 6, 2000 Dr. Kenneth Prewitt, Director Bureau of the Census 4700 Silver Hill Road Building 3, Room 2049 Suitland, Maryland 20746 Dear Dr. Prewitt: It has recently been brought-to my attention that there are likely to be inaccuracies in the enumeration of Florida's population. I know I need not express to you how important full and accurate enumeration is for our community, especially since the population figures that your organization will release will be with us for the next decade. This Board of County Commissioners is writing you this letter to make two requests. First, although the window of opportunity is limited since census figures must be to the President by January 1, 2001, our county would like the opportunity for post-census local review. It is my understanding that this tool has been utilized in the past but is not available for Census 2000. This is unfortunate, but something I believe can and should be rectified. Second, our Board would like to see Florida's call center re-opened for a period of two weeks with a guarantee from the Bureau that anyone who calls in will be enumerated. This could be especially beneficial considering that Florida's toll-free number was extremely successful in the earlier stages even though it was only operational for a short period of time (June 20th to the middle of July). Offering one "last-chance" for Florida residents is critically important especially in light of some of the mishaps that occurred in our state (i.e. discrepancies in homeless counts and fraud .within some of the local census offices). I would appreciate your serious consideration of these requests and look forward to your response. Sincerely, Commissioner' cc; Congressional Delegation Sunshine Count 2000 (5oi s. Calhoun St., Carlton Bldg. ~ Sto. 327, Tallahassee, 32399-0001) Florida Association of Counties NOV 2 8 2000 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 2 member to fulfill the remainder of vacant terms, expiring on April 13, 2002 and April 13, 2003 on the Environmental Advisory Council. CONSIDERATIONS: The Environmental Advisory Council has several openings due to resignations. This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years.' A list of the current membership is included in the backup. We have received resignations from J. Richard Smith and Ian M. Daly. A press release was isstfed and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY D1ST ELECTOR ADV. COMM~ Erica Lynne Ph.D. in Engineering William W. Hill Ph.D. in Biology 2 Yes None 1 Yes None COMMITTEE RECOMMENDATION: Quasi-Judicial- No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 2 members to fulfill the remainder of the vacant terms, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners NOVEMBER 28, 2000 filson s 9m: mulhere b nt: MondayS-November 20, 2000 2:47 PM I o: dunnuck_j Cc: filson s Subject: FW: ~'AC applicants John: Can you clear this with Tom (see below). Sue Filson has spoken with Barbara Burgeson and she (Sue) is preparing and ES to add on to the November 28, 2000 BCC meeting if it is OK with Tom. Can you let Sue and I know if it is OK? ..... Original Message ..... From: burgeson_b Sent: Monday, November 20, 2000 2:40 PM To: Fnulhere b Subject: EAC ap~'licants The two applicants which were sent to us are both highly qualified to sit on the EAC. In accordance with Section 5.13.3.4: 1) Bill Hill provides expertise with a Ph.D. in engineering and is familiar with the Counties environmental issues from having previously served on this Board and 2) Erica Lynne has a Ph.D in biology and would provide expertise to the EAC. We currently have 3 vacancies on this Board and anticipate, due a very serious illness, that the Chairman will likely not be returning to serve on the EAC. Therefore, although we have missed the deadline for placement on the November 28, 2000 BCC agenda, staff requests that this item be placed as an add-on for the November 28, 2000 BCC agenda under Agenda Item 10, Board of County Commissioners. Hopefully, we can then avoid the loss of a quorum at the December 6, 2000 EAC meeting. (We did no have a quorum for the November EAC meeting.) 1 Environmental Advisory Council Name J. Richard Smith ces~5""d ~ 380 Frangipani Avenue ~ %:- - Naples, FL 34117 District: 5 Category: Technical - Law; Political Science Work Phone Appt'd Home Phone DateRe-appt 455-5020 08/09/99 Exp. Date Term 2ndExpDate 2nd Term 04/13/02 3 Years Alexandra Santoro 210 Riverwood Road Naples, FL 34114 District: 5 Category: Biologist 403-1858 04/11/00 793-7878 04/13/04 4 Years Alfred F. Ga[, Jr. 262-8000 82 North Barfield Drive 389-0479 Marco Island, FL 34145 District: 1 Category: Attorney; Energy & Env Studies Milton Keen Cornell 686 Lismore Lane Naples, FL 34108 District: 2 Category: Technical - Engineer 592-7254 09/12/00 -i-t3 -.~ ~ '7 ~ 04/13/99 04/13/03 4 Years Ed Carlson 348-9143 375 Sanctuary Road West Naples, FL 34120 District: 5 Category: Technical - Zoology & wildlife ecol Ian M. Daly cc5~""d~ l~'~3'°° 566-3131 2048 41st Terrace, S.E. 641-3844 Naples, FL 34116 District: 3 Category: Publishing;high energy physics 08/09/99 04/13/03 4 Years 09/12/00 ~'hursday, September 14, 2000 Page 1 of 2 ; -~ ' ' ~5': Environmental Advisory Council Name Michael G. Coe 4552 Eagle Key Circle Naples, FL 34112 District: 1 Category: Non-Technical Jack Baxter 980 Cape Marco D~rive Marco Island, FL 34145 District: 1 Category: Pollution Control }Fork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 262-1818 08/03/99 04/13/01 2 Years 732-0625 ~2-8~5 01/25/00 04/13/02 2 Years Thomas W. Sansbury 840 River Point Drive #840 Naples, FL 34102 District: 4 Category: Non-Technical - Mgmt. 403-6800 04/13/99 04/13/00 1 Year 417-2053 04/11/00 04/11/04 4 Years This 9 member committee was created on 01127/99 by Ord. No. 99-06 to act in an advisory capacity to the BCC in matters dealing with regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIA) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Areas of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by intedocal agreements, any petitions which cannot be resolved between the applicant and staff. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. FL $TA T: Staff: Vince Cautero, Community Development Administrator:. 403-2385 MEMORANDUM DATE: TO: FROM: October 9, 2000 Vinell Hills, Elections Office Sue Filson, Administrative Assist~ Board of County Commissioners 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. EAC COMMISSION DISTRICT Erica Lynne 676 110 Avenue North Naples, FL 34108 William W. Hill 3655 Amberly Circle, A 102 Naples, FL 34112 Thank you for your help. MEMORANDUM DATE: TO: FROM: October 9, 2000 Vince Cautero, Administrator Community Dexielopment and Env~tal Services Sue Filson, Administrative Assist~l/,-'/ ' Board of County Commissioners Environmental Advisory Council As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Erica Lynne 676 110 Avenue North Naples, FL 34108 William W. Hill 3655 Amberly Circle, A 102 Naples, FL 34112 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, 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 October 5, 2000 Ms. Sue Filson The Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Dear Ms. Filson? I am writing in application for the vacancy on the Environmental Advisory Council in Collier County., as advertised in the press release dated 9/15/00. My professional experience includes a Ph.D. in Biology and many years of teaching and research in biology, ecology, and water quality. I have also been active in following issues of environmental concern since I first visited this coun~ five years ago. Please see the attached resume for details. I have been a full time resident of Collier County since 1996 and have participated in historical and ecological activities in the counU, since 1994. I would really like the opportunity to contribute to my community by serving on the Environmental Adviso~ Council. My work schedule is flexible enough to accommodate the monthly meetings. Please don't hesitate to call me ill can supply any further information. Thank you for your consideration. Respectfully submitted, Erica Lynne 676 110th Ave. N Naples, F1 34108 514-2968 ericalynne(-W~rnindspring.corn Elica Lynne 676 110th Avenue North Naples. Florida 34108 Phone 941-514~2968 ericalynne@mindspring.com Personal Information · Place of Birth: Camp Kilmer, N J, USA · Date of Birth: 12/31/53 · One son: Christopher James Weder, Medford, MA · Full time resident of Second Distnct, Collier County since 1996, bought my home here January 1998. · Have collected over 100 hours of oral history tapes from residents of Collier County from the 1920s through the 1050s. Objective To serve Collier County on the Environmental Advisory Council. Employment 1996 - present (in Collier County) Registered Nurse · StarMed Medical Staffing · Director of Nursing, Nursing Network of Naples, Naples, Florida · Hospice Nurse, Hospice of Naples and Hope Hospice 1977-1990 (in Syracuse, New York) Biology Instructor · Onondaga Community College Research Associate · Upstate Medical Center Surgical Intensive Care RN · Veterans Administration Hospital Graduate Teaching and Research Assistant · SUNY College of Environmental Science and Forestry · Research conducted in field ecology, field botany, pollutants, systemic mycology, and symbiosis, environmental Education 1977 - 1981 SUNY College of Environmental Science & Forestry, NYS Ph.D. Biology 1971- 1976 Western Illinois University, Macomb, IL M.S. Biology, B.S. Biology 1988-1989 Onondaga Commun'ity College, Syracuse, NY AAS Nursing AGEN[:~//~rT~;. [i Service and Activities · Volunteer, Fakahatchee State Preserve, 11/99 - present (field surveys of the cypress swamp.) · Volunteer, Colusa Nature Center, Ft. Myers, 9/2000- · Volunteer, American Red Cross, Collier County Emergency Shelter Manager, 1996-present (Co-managed Barron Collier Shelter during Hurricane Georges, with approximately 1200 shelterees, September 1998) · Volunteer, Big Cypress National Preserve, full-time 9/96-12/96 · Volunteer, Rogers Conservation Center, Sherbeme, NY, developed and taught Spring Wildflower course, Spring 1983 · Conservancy of Southwest Florida. member 2000 · FIodda Native Plant Society, member since 1998 · Flodda Trails Association, member since 1996 · Xerces Society (entomological/ecological), member since 1998 · Faith Communities Concemecl, 1999- (assisting primarily the Coalition of Immokalee Workers.) · Ministp/and Council Committee, Ft. Myers Quakers, 8/2000 - · Peace and Social Concems Committee, Ft. Myers Quakers, 1999 - (and volunteer RN for CIW March, 3/00.) · Naples Park Area Association 1998- · Property Owners of Naples Park 1999- · Webmaster www. naplespark.net · Bonita Banner, Naples Park News (volunteer weekly column) · Everglades Echo, donation of 8 historical articles · New River Valley Hospice, Blacksburg VA, Home Care Nurse in rural Virginia, first six months of 1994 · Rape Crisis Center, Syracuse NY, crisis intervention, 1/88-1/91 Erica Lynne, Resume, page 2 20 September, 2000 Board of County Commissioners Collier County Dear Commissioners: !t is my understanding that there is a vacancy on the Collier County Environmental Advisory Council. ! believe that ! have appropriate expertise and background, and would be pleased to again serve on this valuable panel. Enclosed is my Professional Summary for your consideration. !f there are any questions or other information you may desire, please contact me. Yours truly, William W. Hill 3655 Amberly Circle, A 102 Naples 34112 774-4412 William W. Hill Professional Summary 3655 Amberly Circle A 102 Naples, Fl. 34112 941/774-4412 EDUCATION B.S.M.E. M.S.A.E. Ph.D. Georgia Institute of Technology Purdue University Colorado State University ACADEMIC AND ADMINISTRATIVE EXPERIENCE Purdue University Instructor, School of Aeronautical Engineering and Engineering Sciences Tri-State University Chairman, Department of Aeronautical Engineering, 1961-63 Assistant Professor, Department of Mathematics and Engineering Mechanics, 1963-64 Associate Professor, Department of Civil Engineering, 1966-74 Dean of Engineering, 1974-78 Director, Engineering and Research Center, 1975-78 Senior Vice President, 1978-81 L.L. Dresser Professor of Engineering, 1981-84 Director, Tri-State University Energy Analysis and Diagnostic Center, 1983-85 Professor of Mechanical and Aeronautical Engineering, 1984-88 Chairman, Department of Mechanical and Aeronautical Engineering, 1988-93 Engineering Professor Emeritus, 1993 ENGINEERING EXPERIENCE Engineering Consultant to: Hydraulic Power Division of Eaton Corporation; Marshall, MI City of Angola, Indiana Henry B. Steeg Division of HNTB, Indianapolis Brads-Ko Engineering, Elkhart, Indiana Steuben County and Pigeon River Drainage Boards Indiana Department of Natural Resources, T x 2000 Lake Enhancement Program Member, Steuben County Solid Waste Study Committee Member, Maumee River Valley Erosion Control Study Committee Owner; William Hill & Associates, Angola, Indiana; 1992-96 Registered Professional Engineer; Indiana, Ohio, Michigan -2- William W. Hill ENGINEERING AND PROFESSIONAL SERVICE MEMBER; ASME, ISPE, NSPE, SigmaXi, Indiana Lake Management Society, NALMS Past Regional Vice President, National Society of Professional Engineers Past President, Indiana Society of Professional Engineers Past Member, 1985-1993, Indiana Registration Board for Professional Engineers and Land Surveyors, Chairman, 1987 and 1988 COMMUNITY SERVICE Kiwanis Club of Angola, 1970-1996; Past President Steuben County Lakes Council; Founder and member Board of Directors, 1972-1993 Past member, Steuben County Red Cross Board Past Treasurer, First Congregational Church, Angola, Indiana Member, Kiwanis Club; Naples on The Gulf Member, Mayflower Congregational Church, Naples Member, Conservancy of Southwest Florida Member, Collier County Environmental Advisory Council, Chairman, 1998,1999 MILITARY SERVICE Flight Instructor, U.S. navy, 1951-1955 HONORS AND AWARDS Pi Tau Sigma Sigma Gamma Tau Tau Beta Pi Chi Epsilon "Citizen Engineer" award ISPE Distinguished Service Award Pi Tau Sigma Outstanding Facukty Award Sears Roebuck Outstanding Faculty Award McKetta Outstanding Engineering Faculty Award EXECUTIVE SUMMARY PETITION CPSS-2000-1, DWIGHT NADEAU OF MCANLY ENGINEERING AND DESIGN, INC., REPRESENTING CARMEN CALl, 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 1/4 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 Map so as to permit commercial 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 CCPC/BCC 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 designation of the subject site from Residential Estates Subdistrict to Randall Boulevard Commercial Subdistrict. This Subdistrict permits the following 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: Subject Site: The site is undeveloped; zoned E, Estates; and, designated Estates on the GGAMP Future Land Use Map. Surroundira, Land Use: North - Undeveloped land; zoned PUD, Orangetree; 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; 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 - ACiENI:)A I~ : 2 8 2000 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 comer of Randall Blvd. and Immokalee Road, is an undeveloped 8-acre commercial tract within Orangetree PUD. Staff's review of the 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. APPROPRIATENESS OF CHANGE/ISSUES: CoGAMP Histo?y 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./Collier Blvd.; Golden Gate/Wilson Blvds.; Golden Gate/Everglades Blvds.; Oil Well Rd./Everglades Blvd.; Immokalee Rd./Evcrglades 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 amendments adopted in 1997 (effective in May 2000) greatly expanded the Pine Ridge Rd./Collier Blvd. Neighborhood Center 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 (appr,~ved 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./Golden 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 se~'e the future population in this eastemmost 2 NOV 2 8 2000 portion of GGE. 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 if this petition is approved. Specific to the subject site, there are five parcels comprising + 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. 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 ofOrangetree 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 +32 acres. Combined with the 8- acre commercial tract in Orangetree PUD at the Randall Blvd./Immokalee Road intersection, this would equate to one quadrant of a Mixed Use Activity Center. In summary, staff believes this is not the appropriate 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. 3 NOV 2 8 2000 No correspondence has been received. Three persons spoke agai~st 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 sb told 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 of this 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 Iss.es: There are no jurisdictional wetlands evident, nor presence of any protected plant or animal species. T~ site is not in close proximity to any well fields or cones of influence. Historical/Archaeological Impact: .le site is not within an area of historical or archaeological probability. Planning Services Staff Recommendation: That the CCPC forward Petition CPSS-2000-1 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: - David Weeks, AICP Principal Planner REVIEWED BY: Stan Litsinger, AICP Comprehensive Planning Manager DATE: DATE: REVIEWED BY: ~ Robert J.'Mulhere, AICP Planning Services Director Jo'-~Dunn~ck, I~terim Administrator Cch'nmunity Dev. & Environmental Svcs. Ex Sum CPSS.2000-1 F, GMP Petitions, CPSS-2000-1 DATE: DATE: 4 NOV 2 8 2000 ORDINANCE NO. 2000 - AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, FOR THE UNINCORPORATED AREA OF COLLIER OCUNTY, FLORIDA, BY PROVIDING FOR A SMALL SCALE AME~IDMENT 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, FLORIDA; 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 text 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 B, 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 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. This Ordinance (Small Scale Amendment) shall not become effective until 31 days after its adoption. If challenged within 30 days after adoption, this Ordinance shall not become effective until the State Land Planning Agency or the Administrat on Commission, respectively, issues a final order determining the adopted Small Scale Development Amendment to be ,',,',',,"" .... -- ~ ' A'-C.~.NDA ITEM Words underlined are additions; Words struck thrcugh are deletiomN 0V 2 8 200¢ Pg.~ this PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County ~ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORt:}A BY: Chairman Approved as to ~ , and legal sufficiency: MAR JORI,'-' M STUDENT Assistant County Attorney CPSS-2000-1 Adoption Ordinance 2 Words underlined are additions; Words -~tru~k through are deletions AGENDA ITEM NOV 2 8 2001~ EXHIBIT A PETITION CPSS-2000-1 MAP 8 RANDALL BOULEVARD COMMERCIAL SUBDISTRICT Collier County, Florida PREPARED BY: OFFICE OF GRAPHICS AND TECHNICAL SUPPORT COMMUNITY DEVELOPMENT AND EN'vlRONUENTAL SERVICES DI~SION FILE: GG~P-21X-2.DWG DATE: 9/2000 LEGEND I GOLDEN GATE ~ SETTLEMENT ESTATES AREA II NEIGHBOR IOOD CENTER EXHIBIT B GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND OOLDEN OATE GOLDEN GATE AREA FUTURE LAND USE MAP BOULEVARD NAPL!~IMMOKALEE ROAD S.R..84 DAVIS BLVD. EXT. S.R.-84 I OIL WELL ROAD [ R 26E £ N O~V 2 8 2000 R R28E 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 PETITION NO. CPSS-2000-1, GROWTH MANAGEMENT PLAN AMENDMENT FOR RANDALL BOULEVARD COMMERCIAL SUBDISTRICT ("small scale") AGENT/APPLICANT: Agent: Mr. Dwight Nadeau, MeAnly Engineering and Design, Inc. 5435 Park Central Court Naples, FL 34109 Petitioner: (Contract Purchaser) Carmen Cali 5751 Copper Leaf Lane 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., tA mile east of Immokalee Road. It lies within the Rural Estates Planning Community. (Please see "Vicinity Map" - page 1.1) REQUESTED 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 compamon rezone petition (PUDo2000-11, 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 <10 acres in size. [subject site is 9.54 acs.] · 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. [n?i:~uch chan§e has occurred within 200']1 · no text change to the goals, objectives and polR:i'6s is involved, only a site-specific land tl amendment to the future land use map. [petitioner only requests a land use map than§el · site is not within an Area of Critical State Concern [the site is not in AC$C] · for residential land use .... [not applicable] AGENDA I1Tr. E. ~e NOV 2 8.2d O,O, L Pc: '~ ition VICINITY MAP c~.~,~_~ooo_~ ~ M'AP "A" ~ ~ R 27 E ~' R 27 E ~ .. CARMEN CALI RANDALL SF.~0PPING CENTER PUD VICINITY MAP PURPOSE/DESCRIPTION OF PROJECT: .~.~?etitioner proposes to change the land use designation 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: The site is undeveloped; zoned E, Estates; and, designated Estates on the GGAMP Future Land Use Map. Surrounding 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 of Immokalee 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 wellfields 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 High Range Population Projections: Pursuant to CIE Policy 1.1.2, a significant impact in population is defined as a potential increase 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 NOV 2 8 // Public Facilities Impacts: All development permitted in the Randall 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 m~agemem regulatory requirements would not .~:hange from residential to commercial develop~ ~ent. He'~ · ever, land area devoted to storm water management would undoubtedly increas ~ as there ~vould 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 of the 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. Transportation/Access Randall Blvd. is a 2-1a ~., , undivided, local road. As such, it does not appear in the Transportation Element. There are currently...:. plans to widen Randall Blvd. in the future. Planned improvements at the intersection of Randall Llvd./imr..~okalee Road include realignment (such that Randall Blvd. aligns with 44 Street NE on the north side oflmmokalee 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 4-1aning of Immokalee Road from Collier Blvd. to Oil Well Road. APPROPRIATENESS OF CHANGE/ISSUES: GGAMP History_ During the process of establishing the Golden Gate Area Master Plan, public concern was expressed about the location of commercial uses, and conditional uses, in Golden Gat<:' r:states. This concern resulted in the BCC establishing Neighborhood Centers throughout GGE to commodate a limited amount of commercial development (maximum c;f5 acres at each Center). ~lhe intent was to distribute the commercial areas such that GGE rv:;idents could 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./Collier Blvd.; Golden 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./Collier Blvd. intersection. Amendments adopted in 1997, based upon the Evaluation and Appraisal Report, became effi May 2000; those amendments greatly expanded the Pine Ridge Rd./Collier Blvd. Neig??:~rh Center such that + 20 acres can be rezoned for commercial development. A private amendm~ AC/_NDA ITEM tive~-~~'~ ~t 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 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 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./Golden Gate Blvd. intersection that added another 5 acres to the commercial inventory of Study Area/13. 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 if this petition is approved. Specific to the subject site, there are five parcels comprising + 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 g4. Based upon total existing commercial inventory in Study Area g4, 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 Stt 3 and 4. However, a more beneficial location would be farther to the east and/or northe 4 ly Aren°'a~--t~--('"~'~ NOV 2 8 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 ,a est 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 approximately 32 acres. Combined with the 8oacre commercial tract in Orangetree PUD at the Randall Blvd./Immokalee Road intersection, this would equate to one quadrant of a Mixed Use Activity Center. In summary, staff believes this is not the appropriate 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 &proximity to the portions of Study Areas 3 and 4 that are fm removed from commercial areas. STAFF RECOMMENDATION: That the CCPC forward Petition CPSS-2000-1 to the BCC with a recommendation of denial. David Weeks, AICP Principal Planner REVIEWED BY: ~-"~~ ~ S[-an Litsinger, AIC~ ~ Comprehensive Planning Manager REVIEWED BY: /4//~/~,t/~ ~ . R'ob..,er~/l,. Mulhere, AICP Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. DATE: DATE: ?/~.r9 DATE: Petition Number: CPSS-2000-1 Staff Report for October 5, 2000 CPCC meeting. This petition has been advertised for the October 24, 2000 BCC meeting. NOTE: COLLII~R COUNTY P~L3~qlNG COMMISSION: MR. RUSIEL]- fBI.}DD, CHAIRMAN CPSS-2000-1 Staff Report NOV 2 8 Z[t APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER C~' ?--C'~' PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT DATE RECEIVED April 7, 2000 This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 Norbh 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 headrig. 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 GENERAL INFORMATION A. Name of Applicant Carmen Call Company Address 5751 Copper Leaf Lane City Naples State Florida .Zip Code 34116 Phone Number (941) 455-4951 Fax Number Name of Agent * McAnly Engineedn.q and Desi.qn, Inc. · THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Address McAnly Engineedn,q and Design, Inc. 5435 Park Central Court City Naples State Flodda Zip Code 34109 Phone Number (941) 593-3299 Fax Number (941) 593-3298 Name of Owner(s) of Record Gerald L. and Marian Bray, Husband and Wife Address 532 Ibis Way City Naples State Flodda Zip Code 34110 Phone Number (941) 594-1915 Fax Number Do II. III. Name of Owner(s) of Record Geor.qe A° Cannan, A Married Man Address 696 10~ Avenue N.E City Naples State Florida Zip Code 34120 Phone Number (941) 353-0122 Fax Number Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. DESCRIPTION OF PROPERTY A. LEG&L DESCRIPTION Tract 107 and Tract 108, Golden Gate Estates, Unit No. 23, accordin.q to the Plat thereof, of record in Plat Book 7, Pa.qes 9 and 10, of the Public Records of Collier County, Flodda: less and except the North 50 feet for Randall Boulevard Right-of-Way B. GENERAL LOCATION The subject property is located on the South s~de of Randall Boulevard, approximately Y, m~e East of Immokalee Road (C.R. 846) C. PLANNING COMMUNITY Rural Estates D. TAZ 198 E. SIZE IN ACRES 9.54 F. ZONING E, Estates G. SURROUNDING LAND USE PATTERN Approximately 990 feet to the west is an existin.q multi-use commercial development, with a developin.q commercial shoppin.q center west of that. To the north is a developing mixed-use project across Randall Boulevard. To the east is undeveloped, but a Forestry Service fac~T~y and tower lies approximately 400.feet east of the subiect prope,'W. Lands to the south are sparsely developed ~ large lot sin.qle-fam~ residences. H. FUTURE LAND USE MAP DESIGNATION(S) Golden Gate Estates M~xed Use TYPE OF REQUEST A. GROWTH MANAGEMENT PLAN 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 ~:uture Land Use Element immokalee Master Plan Recreation/Open Space Mass Transit Sub-Element Potable Water Sub-Element NGWAR Sub-Element Drainage Sub-Element CCME Element Golden Gate Master Plan B. AMEND PAGE (S) OF THE ELEMENT AS FOLLOWS: (Use r' .... ~ ..... ~.* tn identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: N 0 V :2 8 AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Golden Gate Estates TO Randall Boulevard Commercial District Do AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS:(Name & Page #) The Golden Gate Area Future Land Use Map, and Map 8, on pa.qe 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 X Provide general location map showing surrounding developments (PUD, DRl's, existing zoning) with subject property outlined. X Provide most recent aerial of site showing subject boundaries, source, and date. X 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 X 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 X Provide most recent aedal 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 (Flodda 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 ITEM N o v GROWTH MANAGEMENT Reference 9J-11.006, 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: N Is the proposed amendment located in an Area of Cdtical State Concern? (Reference 9J-11.006 (1)(a)(2), F.A.C.). If so, identify area location in ^CSC. N Is the proposed amendment directly related to the proposed Development of Regional Impact pursuant to Chapter 380, F.S. ? (Reference 9J-11.006 (1)(a) 4.a, F.A.C.) Y Is the Proposed amendment directly related to a proposed Small Scale Development Activity pursuant to SL, ~.-~ection 163.3187 (1)(c), F.S.? (Reference 9J-11.006 (1)(a) 4.b, F.A.Cj. N Does the proposed amendment create a significant impact in population which is defined 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 permitted 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 concerns protection of environmentally sensitive land, ground water and natural resources. E. PUBLIC FACILITIES 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 Artedal & Collector Roads: Name specified road and LOS Naples-lmmokalee Road (CR 846) ID~ 50 LOS B See Traffic Impact Study X Drainage Negligib/e affect X Solid Waste Negligible affect t~/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 cause 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) X 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.) X Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have protection and emergency medical services. 4 OTHER Identify the following areas relating to the subject property: D Flood zone based on Flood Insurance Rate, Map data (FIRM). N/A Location of wetlands and cones of infiuer~ce, if applicable. (Identified on Collier County Zoning Maps.) N/A Traffic Congestion Boundary, if applicable N/A 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.) 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. X $1,500 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal X Proof of ownership (Copy of deed) X Notarized Letter of Authorization of Agent if not the Owner (See attached form) X 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 dudng the pre-application meeting. NOV 2 8 2000_ NOTICE OF AUTHORIZATION TO WHOM IT MAY CONCERN: I hereby authorize McAnly En,qineerin,q and Desiqn, 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 A,qent 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. ~ ~ ge STATE OF ( ~'u.~'~.. ) COUNTY OF ( (~.~., ) Sworn to and subscribed before me this Notary Public Dw ,qht Nadeau Planning Director MY COMMISSION EXPIRES: CHOOSE ONE OF THE FOLLOWING: x who is personally known to me, who has produced and did take an Oath x did not take an Oath ~,,,o' Adan6c Bondin8 Co. I~. as identification NOTICE - BE AWARE THAT: Florida Statute Section 837.06 False Official Statements Law states that: "Whoever knov,,ingly makes a false statement in writing with the intent to mislead a public servant m the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." 6 qo_v. 2 8 2ooo Pg. SUMMARY TABLE OF ZONING/LAND USES WITHIN 300 FEET ACREAGE ZONING LAND USE 30.30 Estates 2.752.80 Oranget ree PUD Vacant Residential & Commercial N 0 V 2 '8 2000 PUBLIC FACILITIES EXHIBIT (e4.~) 5L.~--.~a F~ (~,,'~) s,~ J GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND GOLDEN GATE AREA FUTURE LAND USE MAP COLLIER COUNTY, FLORIDA ~ GA~ PARKWAY DAMS ~.vo. EDCT. SJL-B4 GOLDI~ GAlE t ~ FU'IIJR[ I.MIO U'~' MAP AD~-tr.u - FE~I~U/tRY, I~'l ,MiE]MX~ - ,AJLY 27. 1~e3 ~ - OCTOSE:R2~. lee7 R 25 E I R 26 E I R27E I OIL R2BE ND_V. 2 8 RANDALL MAP 8 BOULEVARD COMMERCIAL Collier County, Florido DISTRICT / / / NAPLES I 1 I 0 ~/2 Nil. 1 MI. MAP PROMDE]~ BY: GRAPHIC'~ AND ~NIC~ ~PP~T ~C~ ~WU~ D~T ~O ~'- ~,'~T~ ~ D~ ~P-~.D~ DA~ 12/~ M~R~ BY M~LY ~N~NG 6 ~. INC. LEGEND I ~EN GATE ~ SETTLI~ENT ESTATES AREA NEI~HBO~ HOO0 CEN'rER ('¥~q~ Randall Boulevard Commercial Subdistrict - Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Sub[;)district has been designated on the Golden Gate Area Future Land Use Map. AJse-S_see Map 6 8. a) The ~ C6dteda for the district are as follows: A. Preject =hell be eEncouraged to b,e in the form of a PUD? Autemeb!!c Serv';ce Station. 3. Ch!!d Care Centers. 5. DnJg Sicres. 6. Fccd MaW. ets. 9. Post O,ff/:ces and professlena! cMces. !0. !!. 12, Veterinary Clinics ..... p..,;..,-m ..~-~,, provide aA_dequate buffedng shall be provided from Fes~e,o.t-~.~)a-s adjacent properties allowinq residential uses. Prejects shall make pre'.-;siens fer =Shared parking ~ shall be encouraqed with adjoining developments. Limitation of Uses - Uses shall be limited to the followin,q: Automobile Service Station Barber & Beauty Shops Child Care Centers Convenience Stores Druq Stores Food Markets Hardware Stores Laundries - Self Service Only Post Offices and Professional Offices 30 L AGENDA ITEM I10 2'8 000 Repair Shops - Radio, 'I'V, Small Appliances and Shoes Restaurants, includin.q fast food restaurants but not ddve-in restaurants Shoppinq Center Veterinary Clinics with no outside kennelinq AGENDA ITEM APPENDIX 2 ANALYSIS OF THE GOLDEN GATE AREA COMMERCIAL LAND USE NEEDS Prepared By COLLIER COUNTY COMPREHENSIVE PLANNING DEPARTMENT OCTOBER 1996 AGENDA ITEM 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 detailed analysis, the Golden Gate area was subdivided into 5 geographic areas. The 5 sub-areas are dei"~eated on Map. 1. The basis of the analysis is provided by a 1988 sty.: ly completed by Reynolds, Smith, and Hills (RS&H) in conjunction with the County-wide GrowManagement Plan. The RS&H study provides the base-line data and the methodologyed in this analysis. This study was updated by Collier County Comprehensive Planning Staff ·part of the Evaluation and Appraisal Report adopted by the Board of County Commis~ ::hers on Apdl 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 outlim.$ 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 concl. sions and recommendations. A~N~)A IT~""'"""" N 0 V 2.. 8 _2G_QO GOLDEN STUDY AREA MAP 1 GATE AREA MASTER STUDY AREAS COLLIER COUNTY, FLORIDA PLAN HENDRY CO. COWER CO. IMMOKALE~ C.R. 846 LEE CO. COLLIER CO. C.R. 846 OF NAPLES S.R. 84 I -75 MARCO ISLAND N o .~ML 10MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTiON COMMUNITY DEVI~.OPMENT AND ENV'[RO~NM~/TAL SERVICE$ DIVI~ON F1LE: C, CMP-9.DWC DATE: 11/96 CU/"~' EVERGLADES I 2 INVENTORY OF EXISTING COMMERCIAL LAND USES The purpose of this Section is to document the existing location and acreage of c~mmercial 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 I through 3. No commercial zoning exists in sub-areas 4 anC 5. The parcel numbers listed cc~,-zspond to Map 2. TABLE 1 LOCATION OF COMMERCIAL ACREAGE IN STUDY AREA ! 1991 ZONING ACREAGE DEVELOPED UNDEVELOPED C-1 to C-5 181.73 67.21 114.52 1996 ZONING ACREAGE DEVELOPED UNDEVELOPED C-1 to C-5 181.73 103.27 78.46 PUD 21.05 0 21.05 TOTAL 202.78 103.27 99.51 SOURCE: ?~S&H, 1988 ~:~;ollier County Property Appraiser's, 1989 Collier County Comprehensive Planning Staff, 1996 1991 & 1996 ZONING TABLE 2 LOCATION OF COMMERCIAL ACREAGE IN STUDY AREA 2 ACREAGE DEVELOPED UNDEVELOPED C-2 2.05 2.05 0 Source: RS&H, 1988. Collier County Pro'r. ~y Appraiser's Office, 1989. Collier County Comprehensive Planning Staff, 1996 3 AGENDA ITEM N_OY 2' 8 200O 1991 & 1996 ZONING TABLE 3 LOCATION OF COMMERCIAL ACREAGE IN STUDY AREA 3 ACREAGE DEVELOPED UNDEVELOPED PUD 5.00 0 5 C-2 5.46 5.46 0 PUD 13.58 0 13.58 PUD 8.42 0 8.42 TOTAL 32.46 5.46 27.00 Source: 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 1991 ZONING ACREAGE DEVELOPED UNDEVELOPED C-4,PUD 325.43 63.01 262.42 1996 ZONING ACREAGE DEVELOPED UNDEVELOPED C-4,PUD 325.43 142.48 182.95 New PUD 130.47 0 130.47 TOTAL 455.90 142.48 313.42 SOURCE: 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 commercial zoning is available within and adjacent to the Study Area. Of the 693.19 commercially zoned acres, 439.93 is undeveloped. A majodty of the undeveloped commercial is in close proximity to Study Area 1. 4 MAP 2 EXISTING COMMERCIAL ZONINGIN THE GOLDEN GATE AREA COLLIER COUNTY, FLORIDA co 2 PREPARED BY: C~APHtC~ AND TEC~NICA. L ~JPP(~T COMMUNII"~ ~VE~.0PIdENT J~ND ~]~V~RONMENTA4 ~V~C~S DICtiON FIt. E: CC~P-17.DW~ DATE: 11/96 I LEGEND ] CONVEN~ONAL COMI~EROAL ZONINC ] PUO COMMERCIAL ZONING STUDY AREA 5 °NOV ~B'~DDE"'_ _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 ~'o the low potential for additional residents. A descnption of the methodology follows the tables. TABLE 5 COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA I Population Estimate/ Projection Dwelling Unit Estimate/ Projection Per Capita Income Est. Household Income Est. Total Income Est.(000) Retail Expend. (000) % Of Income . Sales/Sq. Ft $ Supportable Sq. Ft. Total Sq. Ft. @ 5% Vacancy Floor Area Ratio Land Requirement 1988 1990 1995 2000 2005 2010 16,164 19,564 22,238 29,403 33,941 38,229 6,265 7,583 7,015 9,275 10,707 12,060 $ 12,649 $ 13,060 $ 14,109 $ 15,141 $ 32,634 $ 33,695 $44,726 $ 47,997 $204,458 $ 255,506 $ 313,756 $ 445,191 $ 90,187 $ 112,704$ 138,398$ 196,374 44.11 44.11 44.11 44.11 175.09 $ 175.09 $175.09 $175.09 515,087 643,690 790,438 1,121,558 540,842 675,874 829,960 1,177,636 0.1746 0.1765 0.1815 0.1867 71 88 105 145 $15,141 $15,141 $ 47,997 $47,997 $ 513,901 $ 578,825 $ 226,682 $ 255,32C 44.11 44.~ $ 175.09 $ 1- 1,294,658 1,~ .2~ 1,359,390 1,531,1~ 0.1867 0.1867 167 188 TABLE 6 COMMERCIAL LAND USE REQUIREMENTS FOR STUDY AREA 2 Population EStimate/ Projection Dwelling Unit Estimate/ Projection Per Capita Income Est. Household Income Est. Total Income Est.(000) Retail Expend. (000) % Of Income Sales/Sq. Ft. Supp. Sq. Ft. Tot Sq. Ft.(~ 5% Vacancy Floor Area Ratio Land Required 1988 1990 1995 2q0q 200~ 2010 3,240 4,028 4,986 6,593 7,611 8,572 1,113 1,384 1,573 2,080 2,401 2,704 $ 10,456$ 10,796 $ 11,663 $ 15,141 $ 30,427$ 31,416 $ 36,972 $ 47,997 $ 33,865$ 43,480 $ 58,152 $ 99,825 $ 14,938$ 19,179 $ 25,651 $ 44,033 44.11 44.11 44.11 44.11 $ 175.09$ 175.09 $ 175.09 $ 175.09 85,316 109,539 146,500 251,486 89,582 115,016 153,825 264,060 0.1746 0.1765 0.1815 12 15 19 6 $ 15,141$ 15,14 $ 39,064 $ 39,06. $ 93,790 $ 105,63: $ 41,371 $ 46,59, 44.11 44.1 $ 175.09$ 175.0! 236,283 266,11' 248,097 2- No.O~ ' 1! NOV 2 8 2808 TABLE 7 COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA 3 1988 1990 1995 2000 2005 2010 Population Estimate/1504 1910 3824 5056 5836 6573 Projection Dwelling Unit 474 603 1,206 1,595 ! ,841 2,074 Estimate/ Projection Per Capita Income $ 9,433 $ 9.739 $10,522 $11,292 $ ~ 1,292 $11,292 Est. Household Income $ 29.903 $ 30,873 $ 32,408 $ 34,779 $ 29,133 $ 29,132 Est. Total Income $14,174 $18,616 $ 39,094 $ 55,471 $ 53,635 $ 60,408 Est.(000) Retail Expend. (000)$ 6,252 $ 8,212 $17,244 $24,468 $ 23,658 $ 26,646 % Of Income44.11 44.11 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 0.1867 Land Requirement 5 6 13 18 17 20 TABLE 8 COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA 4 1988 1990 1995 2000 Population Estimate/272 345 996 1,317 Projection Dwelling Unit 93 118 314 415 Estimate/ Projection Per Capita Income $ 9,433 $ 9,739 $10,522 $11,292 Est. Household Income $ 2'7,450 $ 28,340 $ 33,355 $ 35,796 Est. Total Income $ 2,553 $ 3,344 $10,480 $14,872 Est.(000) Retail Expend. (000)1,126 1,475 4,623 6,560 % Of Income44.11 44.11 44.11 44.11 Sales/Sq Ft. $175.09 $ 175.09 $ 175.09 $ 175.09 Supp Sq. Ft. 6,431 8,425 26,402 37,466 Total Sq. Ft. ~ 5%6,753 8,846 27,722 39,339 Vacancy Floor Area Ratio 0.1746 0.1765 0.1815 01867 Land Requirement I 1 4 5 TABLES 5-8 SOURCE: Collier County Comprehensive Planning Section February, 1996 7 2005 2010 1,520 1,712 479 540 $11,292 $11,292 $29,133 $29,133 $13,969 $15,734 6,162 6,940 44.11 44.11 $175.09 $175.09 35,193 39,63 36,952 41,62 0.1867 0.1867 NOV iZ B METHODOLOGY The methodology used to determine future commercial land use requirements is similar to the one used in the RS&H Study. The vanous 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 Householcl 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 total household income is used for retail expenditures. The 41% figure was dedved 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: Divide projected sales by sales per square foot to determine supportable square feet. Multiply supportable square feet by 1.05 to account for 5% vacancy fact 2000 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 Study. The sales per square foot was determined by dividing the total retail sales in the County by the 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 EXISTING COMMERCIAL REQUIREMENTS DIFFERENCE 1 202.78 188 +14.78 2 2.05 34 -32.05 3 32.36 20 +12.36 4 0 5 -5 SOURCE: Collier County Planning Department, 1995 Based on Table 9, it is apparent that there still 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. 9 'Nov' 2 8-2000 -. ANALYSIS OF THE GOLDEN GATE AREA COMMERCIAL LAND USE NEEDS FOR STUDY AREA 3 AND 4 Prepared By McAnly Engineering and Design, Inc. APRIL, 2OO0 ~r~DA INTRODUCTION This private analysis recognizes increases in population in the Rural Estates area of Collier County, and th: 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 cc, mmercial 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. ORGANIZATION OF THE ANALYSIS The first part of the analysis depicts the boundaries of Study Area 3 and Study Area 4, and includes Existing/Estimated Housing Units and ~opulations for both Study Areas in Tables I(A), 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 cf 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 Nor Study Area 3 and Study Area 4. Finally, the data utilized to prepare this analysis are attached. The deTnographic information for Collier County - Rural Estates, provide by the Economic Developmer:~ ' ouncil of Collier County, was unavailable at the time of preparing this analysis, and was not utiliz~:d. 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. GOLDEN MAP 1 GATE AREA MASTER STUDY AREAS COLLIER COUNTY, FLORIDA LAKE TRAFFORD PLAN HE3NDRY CO. COI. UER CO. IMMOKN_E~ C.R. COLUER CO. I C.R. 846 ~TY OF NAPLES S.R. 84 I -75 aAmCO ISLAND N PREPARED BY: GRA/:~11C~ AND T~C~NICAL. ~JPPORT SEC~ C~MUNI~ ~M~T ~O ~R~M~T~ ~ ~ R~ ~P-~.D~ DA~ 12/~ N.T.S. GOLDEN GATE AREA MASTER PLAN AMl~ DMENT STUDY AREA 3 EXHIBIT NAPLES-IMMOKALEE ROAD (C.R. 846) 17 7 · 2 1 · 4 3 U~ 44 d~ 4~ 111 17 tilt CARMEN CALl ~ :)ESCRIPTION: 11 12 7 · WIT ~1 LIeT le WIT &] ~11T I1 10 I,~ 14 13 LilT11 M uim 31 Left 17 4 2 ~ 11 ~ 14 UIIT 4l UIIT 13 UiiT 1141 UNIT12m 14 13 15 20O§ TABLE 2(A) COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA 3 Population Estimate/ Projection Dwelling Unit Estimate/Projection Per Capita Income Estimated Household Income3 Estimated Total Income Estimate (000) Retail Expenditures (000) % Of Income Sales/Square Feet Supportable Sq. Ft. Total Sq. Ft. ~ 5% Vacancy 1999 2000 2005 2010 7,297 7,719~ 8,692 9,647 2,297 2,4352 2,741 3,043 $11,292 $11,292 $11,292 $11,292 $35,796 $35,796 $35,796 $35,796 $82,223 $87,163 $98,117 $108,927 $33,794 $35,824 $40,326 $44,769 41.11 41.11 41.11 41.11 $175.09 $175.09 $175.09 $175.09 193,008 204,603 230,316 255,692 202,659 214,834 241,832 268,476 Floor Area Ratio 0.1867 0.1867 0.1867 0.1867 Land Requirement 25 26 30 33 The 2000 population figures were derived from a standard of 3.17 occupants per household. which is consistent with the Population Estimate/Projection utilized ~' the Collier Count3.' Comprehensive Planning Section for the Projections of Future Commercial Demand. dated Febmar>.'. 1996. from the Golden Gate Area Master Plan. The 2000 housing projections were derived utilizing the 6% increase in urals for the 1 year period from the Colher Count5.' Permanent Population Estimates and Projections By Planning Community for the period from April 1. 1990 - 2020. prepared by the Collier Count).' Comprehensive Planmhg Section. dated 7/5/99. 3 The Estimated Household Income was derived frown a :s-tandard 3.17 occupants per household. ~vhicl~ the Populauon Estnnate/ProjecUon uulized by the Co~ter_:¢Co~ty Comprehensn'e Planning Section of Future Commercial Demand. dated Febmars.', 1996~;~m ff~ie Golden Gate Area Master Plan. thS~lll'oiections/~_.-:~?) ~ NOV 2 8 ~-. ~ GOLDEN GATE AREA MASTER PLAN AMENDMENT AREA 4 E~IBIT N.T.S. 35 36 31 32 33 34 STUOY,REX ~ 3 2 1 UNIT 7~ UNIT 77 UNIT 7B OLDEN GA BOULt~VAR[ lO 11 12 7 ~8 9 lO UMT ~1 UNiT BO UNIT ?~ 15 14 13 la ~ 17 1~ ~ 15 ~T ~ ;~ ~T ~ ~T ~ u~ a7 ~ ~ u~ ~ ~ ~ ~ 27 27 26 ~ u~ ~ ~T ~ ~T UMT 93 U~ 92 ~IT N~RSTA~ - 75 (SR. B4 UNIT 93A. UHIT 92A UNIT ': CAI< MEN CALl DESCRIPTION: 0V28 AGENDA Ar...,ENOA ITEM NOV.2 8 2000 ~,~. ,,~, TABLE 2(B) COMMERCIAL LAND USE REQUIREMENT FOR STUDY AREA 4 Population Estimate/ Projection 1999 2000 2005 2010 1,936 2,0501 2,300 2,551 Dwelling Unit 611 647: 726 805 Estimate/Projection Per Capita Income $11,292 $11,292 $11,292 $11,292 Estimated Household Income3 $3 5,796 $3 5,796 $3 5,796 $3 5,796 Estimated Total Income Estimate $21,871 $23,196 $25,988 $28,816 (000) Retail Expenditures (000) $8,989 $9,533 $10,681 $11,843 %Oflncome 41.11 41.11 41.11 41.11 Sales/Square Feet $175.09 $175.09 $175.09 $175.09 Supportable Sq. Ft. 51,340 54,449 61,003 67,641 Total Sq. Ft. ~ 5% 53,907 57,171 64,053 71,023 Vacancy Floor Area Ratio O. 1867 0.1867 0.1867 0.1867 Land Requirement 7 7 8 9 The 2000 population figures were derived from a shandard of 3.17 occupants per household. which is consistent with the Population Estimate/Projection utilized by the Collier Count).' Comprehensive Planning Section for the Projections of Future Commercial Demand. dated Febman.'. 1996, from the Golden Gate Area Master Plan. The 2000 housing projections were derived utilizing the 6% increase in units for the 1 year period from the Colher Count).' Permanent Population Estimates and Projections By Planning Commum~' for the period from April 1. 1990 - 2020. prepared by the Collier Count).' Comprehensive Planrang Section. dated 7/5199.~,.,EI~A ITEM The Estimated Household Income was derived from a standard 3.17 occupants per household. xvl the Population Estimate/Projection utilized by the Collier Count).' Comprehensive Planning Secti of Future Commercial Demand. dated Febman.', 1996. from the Golden Gate Area Master Plan. ich i~l~ns~y~i~- m for theqrbjeCt~o~s NOV 2 8 4/7 TABLE 3 LOCATION OF COMMERCIAL ACREAGE IN STUDY AREA 3 & 4 1991 - 1999 ZONING ACREAGE DEVELOPED PUD Randall Blvd. Center 5.0 1.5 PUD Mir-Mar 2.38 0 C-2 5.46 5.46 TOTAL 12.84 6.96 UNDEVELOPED 3~5 2.38 0 5.88 Note: Due to the fact that the Settlement ~rea (a.ka. Orangetree PLrD) was specifica!ly exclud~ :t from the Analysis of the Golden Gate Area Commercial Land Use Needs (App~. ~dix 2 the Golden Gate Area Master Plan), the 22 acres of commercial acreage within th,,. Sertlemer. t Area must be removed f:-om the commercial demand analysis. TABLE 4 YEAR 2010 PROJEC"i' iTD CONIN', ! RCIAL ACREAGE FOR STUDY AREA 3 & 4 EXISTING CO3LME RCL'~.. 12.84 RI", LTIREMENTS DIF?EREVCE 42 -29.16 Based on Table 4, it is apparent that Study Area 3 & 4 could support additional c;~mmerzial acreage, by virtue of the deficiency of 20 16 acres NOV 2 8 2oo PD-GGCOUNT 2000/03/27 15:33:45 EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# ~ST# EST# EST# EST# GATOR GATE UNIT 2 GEMMER SUBDIVISION GERMAN WOODS IN UNIT 30 GLADES UNIT 1 GLADES UNIT 2 GLEN EAGLE GOLF & COUNTRY CLUB GLEN EDEN PHASE ONE GLENDALE GLENDEVON AT WYNDEMERE GLENDEVON REPLAT AT WYNDEMERE GOLDEN ACRES GOLDEN GATE CITY UNIT 1 GOLDEN GATE CITY UNIT 1 PT 2 GOLDEN GATE CITY UNIT 2 GOLDEN GATE CITY UNIT 2 PT 1 GOLDEN GATE CITY UNIT 2 PT 2 GOLDEN GATE CITY UNIT 2 PT 3 GOLDEN GATE CITY UNIT 3 GOLDEN GATE CITY UNIT 3 PT 1 GOLDEN GATE CITY UNIT 4 GOLDEN GATE CITY UNIT 4 PT 1 GOLDEN GATE CITY UNIT 5 GOLDEN GATE CITY UNIT 6 GOLDEN GATE CITY UNIT 6 PT 1 GOLDEN GATE CITY UNIT 7 GOLDEN GATE CITY UNIT 8 PT 1 GOLDEN GATE CITY UNIT 8 PT 2 GOLDEN GATE EST UNIT 1 GOLDEN GATE EST UNIT 2 GOLDEN GATE EST UNIT 3 GOLDEN GATE EST UNIT 4 GOLDEN GATE EST UNIT 5 GOLDEN GATE EST UNIT 6 GOLDEN GATE EST UNIT 7 GOLDEN GATE EST UNIT 8 GOLDEN GATE EST UNIT 9 GOLDEN GATE EST UNIT 10 GOLDEN GATE EST UNIT 11 GOLDEN GATE EST UNIT 12 GOLDEN GATE EST UNIT 13 GOLDEN GATE EST UNIT 13 TR 119 GOLDEN GATE EST UNIT 13 TR 149 GOLDEN GATE EST UNIT 14 GOLDEN GATE EST UNIT 15 GOLDEN GATE EST UNIT 16 GOLDEN GATE EST UNIT 17 GOLDEN GATE EST UNIT 18 GOLDEN GATE EST UNIT 19 GOLDEN GATE EST UNIT 20 GOLDEN GATE EST UNIT 21 GOLDEN GATE EST UNIT 22 GOLDEN GATE EST UNIT 23 GOLDEN GATE EST UNIT 24 GOLDEN GATE EST UNIT 25 GOLDEN GATE EST UNIT 25 TR 21 GOLDEN GATE EST UNIT 25 TR 111 Total 2 4 5 3 7 39 54 10 34 12 11 194 47 842 8 64 4 689 5 479 22 468 451 379 641 231 50 242 215 231 199 248 234 237 247 249 238 263 280 307 3 3 292 238 198 241 239 257 255 178 229 280 286 274 3 3 Collier Co Property Appraisel Improved 0 3 1 0 0 19 11 9 28 8 0 184 37 767 0 52 0 596 4 396 0 405 314 323 542 203 39 151 128 157 111 144 158 136 133 127 138 137 167 130 2 2 135 146 33 45 78 110 84 61 71 89 69 58 2 1 Vacant 2 1 4 3 7 2O 43 1 6 4 11 10 10 75 8 12 4 93 1 83 22 63 137 56 99 28 11 91 87 74 88 104 76 101 114 122 100 126 113 177 1 1 157 92 165 196 161 147 171 117 158 191 217 216 1 2 AGENDA ITEM NOlf 8 '21T01) PD-GGCOUNT 2000/03/27 15:33:45 Collier Co Property Appraiser EST# EST# ~T# ~# ~ST# EST# EST# EST# EST#. EST# EST# EST~ EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST~ EST# E_~ST~ EST# EST# EST# EST# EST# EST# EST# EST~ EST# EST# EST# EST# EST# GOLDEN GATE.EST UNIT 26 GOLDEN GATE EST UNIT 27 GOLDEN GATE EST UNIT 28 GOLDEN GATE EST UNIT 29 GOLDEN GATE EST UNIT 30 GOLDEN GATE EST UNIT 30 TR 77 GOLDEN GATE EST UNIT 31 GOBDEN GATE EST UNIT 31 TR 7 GOLDEN GA~E EST UNIT 32 GOLDEN GATE EST UNIT 32 TR 93 GOLDEN GATE EST UNIT 33 GOLDEN GATE EST UNIT.34 GOLDEN GATE EST UNIT 35 GOLDEN GATE EST UNIT 36 GOLDEN GATE EST UNIT 37 GOLDEN GATE EST UNIT 38 GOLDEN GATE EST UNIT 39 GOLDEN GATE EST UNIT 40 GOLDEN GATE.EST UNIT 41 GOLDEN GATE EST UNIT 42 GOLDEN GATE EST UNIT 43 GOLDEN GATE ~ST UNIT 44 GOLDEN GATE EST UNIT 45 GOLDEN GATE EST UNIT 46 GOLDEN GATE EST UNIT 47 GOLDEN GATE EST UNIT 48 GOLDEN GATE EST UNIT 49 GOLDEN GATE EST UNIT 50 GOLDEN GATE EST UNIT 51 GOLDEN GATE EST UNIT 52 GOLDEN GATE EST UNIT 53 GOLDEN GA?E EST UNIT 53A GOLDEN GATE EST UNIT 59 GOLDEN GATE EST UNIT 60 GOLDEN GATE EST UNIT 61 GOLDEN GATE EST UNIT 62 GOLDEN GATE EST UNIT 63 GOLDEN GATE EST UNIT 64 GOLDEN GATE EST UNIT 65 GOLDEN GATE EST UNIT 65A GOLDEN GATE EST UNIT 67 GOLDEN GATE EST UNIT 67A GOLDEN GATE EST UNIT 68 EST#~ GOLDEN GATE EST UNIT 69 EST# EST# EST# EST# EST# EST# EST# EST# EST# T# EST# GOLDEN GATE EST UNIT 70 GOLDEN GATE EST UNIT 71 GOLDEN GATE EST UNIT 72 GOLDEN GATE EST UNIT 73 GOLDEN GATE EST UNIT 74 GOLDEN GATE EST UNIT 75 GOLDEN GATE EST UNIT 76 GOLDEN GATE EST UNIT 77 GOLDEN GATE EST UNIT 78 GOLDEN GATE EST UNIT 79 GOLDEN GATE EST UNIT 80 GOLDEN GATE EST UNIT 81 283 449 430 273 243 2 259 4 213 3 318 254 201 248 235 294 303 248 279 273 360 341 302 302 377 277 346 295 423 108 96 8 324 305 264 400 351 299 387 33 385 14 403 357 353 401 289 235 254 252 277 286 312 297 320 383 191 320 314 199 171 1 189 3 161 2 229 188 127 28 8 4 10 1 7 2 9 19 6 4 3 131 153 85 142 0 0 0 30 23 5 12 13 27 12 3 0 34 48 42 57 4 17 43 40 73 84 34 17 98 107 92 129 116 74 72 1 70 1 52 1 89 66 74 220 227 290 293 247 272 271 351 322 296 298 374 146 193 210 281 108 96 8 294 282 259 388 338 272 375 32 382 14 369 309 311 344 285 218 211 212 204 202 278 280 222 276 PD-GGCOUNT 2000/03/27 15:33:45 EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# GOLDEN GATE EST UNIT 81 GOLDEN GATE EST UNIT 82 GOLDEN GATE EST UNIT 83 GOLDEN GATE EST UNIT 84 GOLDEN GATE EST UNIT 85 GOLDEN GATE EST UNIT 86 GOLDEN GATE EST UNIT 87 GOLDEN GATE EST UNIT 88 GOLDEN GATE EST UNIT 89 GOLDEN GATE EST UNIT 90 GOLDEN GATE EST UNIT 91 GOLDEN GATE EST UNIT 91A GOLDEN GATE EST UNIT 92 GOLDEN GATE EST UNIT 92A GOLDEN GATE EST UNIT 93 GOLDEN GATE EST UNIT 93A GOLDEN GATE EST UNIT 95 GOLDEN GATE EST UNIT 96 GOLDEN GATE EST UNIT- 97 GOLDEN GATE EST UNIT 98 GOLDEN GATE EST UNIT 98A GOLDEN GATE EST UNIT 99 GOLDEN GATE EST UNIT 99A GOLDEN GATE EST UNIT 100 GOLDEN GATE EST UNIT 100A GOLDEN GATE EST UNIT 101 GOLDEN GATE EST UNIT 102 GOLDEN GATE EST UNIT 103 GOLDEN GATE EST UNIT 104 GOLDEN GATE EST UNIT 105 GOLDEN GATE EST UNIT 106 GOLDEN GATE EST UNIT 107 GOLDEN GATE EST UNIT 108 GOLDEN GATE EST UNIT 109 GOLDEN GATE EST UNIT 110 GOLDEN GATE EST UNIT 111 GOLDEN GATE EST UNIT 112 GOLDEN GATE EST UNIT 113 GOLDEN GATE EST UNIT 113A GOLDEN GATE EST UNIT 114 GOLDEN GATE EST UNIT 114A GOLDEN GATE EST UNIT 118 GOLDEN GATE EST UNIT 119 GOLDEN GATE EST UNIT 121 GOLDEN GATE EST UNIT 123 GOLDEN GATE EST UNIT 123A GOLDEN GATE EST UNIT 124 GOLDEN GATE EST UNIT 127 GOLDEN GATE EST UNIT 130 GOLDEN GATE EST UNIT 131 GOLDEN GATE EST UNIT 134 GOLDEN GATE EST UNIT 135 GOLDEN GATE EST UNIT 136 GOLDEN GATE EST UNIT 137 GOLDEN GATE EST UNIT 140 GOLDEN GATE EST UNIT 141 3 314 256 282 289 268 272 243 256 272 274 29 237 51 262 24 322 209 299 56 2 78 2 68 6 54 7O 52 46 58 68 80 52 77 60 61 77 71 2 74 4 69 57 63 66 3 64 72 80 79 75 65 62 81 62 61 37 31 17 9 6 24 23 8 6 2 0 17 2 13 1 228 155 195 3 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 -0 0 0 Collier Co Property Ap =~_~...~_~ 1 277 225 265 280 262 248 220 248 266 272 29 220 49 249 23 94 54 104 53 2 78 2 68 6 54 7O 52 46 57 68 8O 52 77 60 61 77 71 2 74 4 69 57 63 66 3 63 72 80 79 75 65 62 81 62 61 AGENDA PD-GGCOUNT 2000/03/27 15:33:45 Collier Co Prope~ aisez EST# ~E_.ST# ~T# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# GOLDEN GATE EST ~T 26 GOLDEN GATE EST ,iT 27 GOLDEN GATE EST ~ lIT 28 GOLDEN GATE ES7 ~IT 29 GOLDEN GATE ES~ JNIT 30 GOLDEN GATE ES~ UNIT 3G TR 77 GOLDEN GATE EST UNIT 31 GOLDEN GATE ESS' UNIT 31TR 7 GOLDEN GATE EST UNIT 32 GOLDEN GATE ES~ !NIT 32 ?R 93 GOLDEN GATE EST <i~:~T 33 GOLDEN GATE EST T 34 GOLDEN GATE EST ~ r, 35 GOLDEN GATE EST ~ 36 GOLDEN GATE EST ~.~ f 37 GOLDEN GATE EST b fT 38 GOLDEN GATE EST U~;IT 39 GOLDEN GATE EST U~llT 40 GOLDEN GATE EST U~IT 41 GOLDEN GATE EST UNIT '42 EST# GOLDEN GATE-EST UNIT 43 EST# GOLDEN GATE EST UNIT 44 EST# GOLDEN GATE EST UNIT 45 EST# GOLDEN GATE EST UNIT 46 EST# GOLDEN GATE EST U~!T 47 EST# GOLDEN GATE EST U~ ~ 48 EST# GOLDEN GATE EST ~ £ 49 =~T# GOLDEN GATE EST U~,.T 50 £# GOLDEN GATE EST U~;IT 51 EST# GOLDEN GATE EST U' 7T 52 EST# GOLDEN GATE EST U'~£T 53 EST# GOLDEN GATE EST U~iiT 53A EST# GOLDEN GATE EST U7~IT 59 EST# GOLDEN GATE EST UNIT 60 EST# GOLDEN GATE EST U~:[T 61 EST# GOLDEN GATE EST U}~IT 62 EST# GOLDEN GATE EST UNIT 63 EST# GOLDEN GATE EST UNIT 64 EST# GOLDEN GATE EST U~IT 65 EST# GOLDEN GATE EST UNiT 65A EST# GOLDEN GATE EST U~:T 67 EST# GOLDEN GATE EST U~ ? 67A EST# GOLDEN GATE EST UI ~ 68 EST# GOLDEN GATE EST UNiT 69 EST# GOLDEN GATE EST UNiT 70 EST# GOLDEN GATE EST UNIT 71 EST# GOLDEN GATE EST UNIT 72 EST# GOLDEN GATE EST UNIT 73 EST$ EST# EST# EST# EST# ?# EST# GOLDEN GATE EST UNIT 74 GOLDEN GATE' EST UNIT 75 GOLDEN GATE EST UNIT 76 GOLDEN GATE EST UNIT 77 GOLDEN GATE EST UNIT 78 GOLDEN GATE EST UNIT 79 GOLDEN GATE EST UNIT 80 GOLDEN GATE EST UNIT 81 283 449 430 273 243 2 259 4 213 3 318 254 201 248 235 294 303 248 279 273 360 341 302 302 377 277 346 295 423 108 96 8 324 305 264 400 351 299 387 33 385 14 403 357 353 401 289 235 254 252 277 286 312 297 320 383 191 320 314 199 171 1 189 161 229 127 28 8 4 10 1 · ~7 2 9 19 6 4 3 131 153 85 142 0 0 0 30 23 5 12 13 27 12 1 3 0 34 48 42 57 4 17 43 4O 73 84 34 17 98 107 ~2 129 116 74 72 ! 7O 1 52 1 89_ 66 74 220 227 290 293 247 272 271 351 322 296 298 374 146 193 210 281 108 96 8 294 282 259 388 338 272 375 32 382 14 369 309 311 344 285 218 211 212 204 202 278 280 222 276 A~A ITEM PD-GGCOUNT 2000/03/27 15:33:45 Collier Co Property Appraiser EST# EST# EST# EST# EST~ EST~ EST# EST# EST# EST# EST~ EST# EST# EST# ~ST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# GOLDEN GATE EST UNIT 81 GOLDEN GATE EST UNIT 82 GOLDEN GATE EST UNIT 83 GOLDEN GATE EST UNIT 84 GOLDEN GATE EST UNIT 85 GOLDEN GATE EST UNIT 86 GOLDEN GATE EST UNIT 87 GOLDEN GATE EST UNIT 88 GOLDEN GATE EST UNIT 89 GOLDEN GATE EST UNIT 90 GOLDEN GATE EST UNIT 91- GOLDEN GATE EST UNIT 91A GOLDEN GATE EST UNIT 92 GOLDEN GATE EST UNIT 92A GOLDEN GATE EST UNIT 93 GOLDEN GATE EST UNIT 93A GOLDEN GATE EST UNIT 95 GOLDEN GATE EST UNIT 96 GOLDEN GATE EST UNIT 9~ GOLDEN GATE EST UNIT 98 GOLDEN GATE EST UNIT 98A GOLDEN GATE EST UNIT 99 GOLDEN GATE EST UNIT 99A GOLDEN GATE EST UNIT 100 GOLDEN GATE EST UNIT 100A GOLDEN GATE EST UNIT 101 GOLDEN GATE EST UNIT 102 GOLDEN GATE EST UNIT 103 GOLDEN GATE EST UNIT 104 GOLDEN'GATE EST UNIT 105 GOLDEN GATE EST UNIT 106 GOLDEN GATE EST UNIT 107 GOLDEN GATE EST UNIT 108 GOLDEN GATE EST UNIT 109 GOLDEN GATE EST UNIT 110 GOLDEN GATE EST UNIT 111 GOLDEN GATE EST UNIT 112 GOLDEN GATE EST UNIT 113 GOLDEN GATE EST UNIT 113A GOLDEN GATE EST UNIT 114 GOLDEN GATE EST UNIT 114A GOLDEN GATE EST UNIT 118 GOLDEN GATE EST UNIT 119 EST#-.GOLDEN GATE EST UNIT 121 EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# EST# GOLDEN GATE EST UNIT 123 GOLDEN GATE EST UNIT 123A GOLDEN GATE EST UNIT 124 GOLDEN GATE EST UNIT 127 GOLDEN GATE EST UNIT 130 GOLDEN.GATE EST UNIT 131 GOLDEN GATE EST UNIT 134 GOLDEN GATE EST UNIT 135 GOLDEN GATE EST UNIT 136 GOLDEN GATE EST UNIT 137 GOLDEN GATE EST UNIT 140 GOLDEN GATE EST UNIT 141 3 314 256 282 289 268 272 243 256 272 274 29 237 51 262 24 322 209 299 56 2 78 2 68 6 54 7O 52 46 58 68 80 52 77 60 61 77 71 2 74 4 69 57 63 66 3 64 72 80 79 75 65 62 81 62 61 2 37 31 17 9 6 24 23 8 6 2 0 17 2 13 1 228 155 195 3 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 277 225 265 280 262 248 220 248 266 272 29 220 49 249 23 94 54 104 53 2 78 2 68 6 54 70 52 46 57 68 80 52 77 60 61 77 71 2 74- 4 69 57 63 66 3 63 72 8O 79 75 65 62 81 62 61 AC~NDA ~J~ AGF. NDA IT'F.I~ N 0 V 2 8 TO0~ A~G ~0~ O~ l'e'4'I'T'lO~ ~969etOTt6 l"¥& OC:ET ~ Collier County 'Rural Estates Defined by Zip Codes 34117 and 34120 1990 Population 4,440 5,154 9,594 1 8,612 8,277 16,889 198,093 1998 Population 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 J 2003 Households 3,278 2,816 6,094 86,771 1990 Median Home Value $90,,:t 11 $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 30.0 30.7 40.5 1998 Median Age 34.4 33.1 33.8 42.01 2003 Median Age 35.2 34.4 34.8 43.5 1989 Per Capita Income $12,843 $9,294 $11,069 $21,384 1998 Per Capita Income $15,551 $13,402 $14,477 $27,605! .~003 Per Capita Income $17,054 $15,673 $16,364 $31,882 1989 Median Family Income $38 411 $27,279 $32,845 $38,592 1998 Median 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. ECONOMIC DEVELOPMENT COUNCIL O:~ ;~OLLIER COUNTY PREPARED BY F~OBBIN KOCH, BUSINESS F~ESEARCH MAN LEE CO COLLIER N.T.S. ViCiNiTY R 27 E co 3 R 27 E MAP CARMEN CALI DESCRIPTION: RANDALL SHOPPING CENTER PUD VICINITY MAP McANLY ENGINEERING AND DESIGN, INC. E~OkI~C,, PLANMN~ LAJ~O S~'E'~IN~- REVISIONS 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 Call in all actions relating to the permitting of commercial land uses for the following described lands: Tract 107 and Tract 108, Golden Gate Estates, Unit No. 23, according to the Plat thereof, of record 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- Carmen Cali coum¥ The foregoing instrument was acknowledged before me this/~. day of Carmen Cali, who is personally known to me, and who did not take an oath. ,2000, by NOTARY PUBLIC Commission Number: Witness my hand and seal~L~~ this ~ day of ,2000. .. . 'This sales con[oct provided as,.....~urtesy I0 you by' Lawyers' Abetreel SenIce, In[ ~.;)viding abstracts and UUe informs[ion · " . Io the Collier County reaJ' estate community for over 44 ]/ears. Please call (94 I) 77~-~-627 for all ¥o~ He Information needs. · SALES CONTRACT (RESIDENTIAL VACANT LAND) TELEPHONE: TELEPHONE: UPON ACC~TANCE OF THE OFFER (OR COUNTEAOFFER). SELLER has agreed Io sail end BUYER has agreed Io buy, UPON THE TEP,)~ AND CONomeNs WHICH FOLLOW, Ihe real prope~ legaJly described is I. PUR~PRICE: (~ ~se ~ The balance ot ~ purchase p4ica by' ~ ca. sh~rs c. hec~ o~ wire I,'a~er lurcls al dosing, subj~ Io ed'jurrrn~nls a~ proradons, oT epproxlrnalaIV Oepos~ c~,do are a_~,__p~d sub~ecl ~3 c~ecltc~. PERIO0 OF OR=ER AND EFFECTIVE DA;rE: TNe o/le~ or any cou~ero~er b revoked II no{ acespied and nol~ of a~:eplar, c~ d~JN,~red Io oJferor ~ C~x~ntAroffan~ by' AMa:'bl on tinsad Oa~). The lime I~mll sha~ apply Io a0 o~em e~ ~te~l~s ~ass o~se s~led. Elladi~ Data ~ ~s ~a~ s~ ~ ~9 la~{ da~ either ~ 8~ ~ S~ sig~ o: ~s Ibis ~ra~. INff~D ~GES ~ 8E DATED, OR ~ ~TEST DA~ S~ FOR~ ON ~ ~CT 8~ 8E ~E ~CT~E DATE. A [a~l~e sha~ be 0e~ Io ~ ~ ~gl~. O~ru ~ a~pl~ by f~e ~ b~ng. 3. ~OSlNG DATE ~0 POSSESSION: ~slng shall ~ur~l a ~me el day a~ ~a~ salaried by 8~ER h I~ c~ty ~ ~ ~e P~ ~ ~led, b~ ~aas~e no~ Io ~ S~L~ ~ ~~ ' ~ (~sed Dalai. ~ ~ to ~ date ~th I~ ~en ~anl o[ ~ p~es ~ 'Oos~ pr~d h~, h m o~.~ Ihe B~ER ~ r~i~ed Io d~e I~ Ihan ~ {2) weeks a~e¢ [~ d~le ~ ~ch ~ ~ngage ~[ ~ ~ ~[a~ Io Paragraph 4 bsl~. B~ sh~l be Ihe leg~ o~er of Ihe P~o~ as ~ the dosing on Ihc CID;trig Dale, a~ S~LLER ~a~ g~e ~se~ ~ ~e Pmpe~ ~o~ng ~ ~e ~ Da~ ~e~s o~e~se pr~fded 4. k~ OF PA~~~ (a) ~ BUrR ~1 pay ~sh, ~[h m ~4gage ~tment ~J~; (b)~MORTGAG E ~ · ~USE: B~R's ob~lio~ are ~ingent upon BUYER ~tai~ng a ~gage commi~m~n[ ~e M~gage ~tmen~3 ~ Ihe P~eny ~ ~e ~o~ lot ~ a~lzed le~ ~ ~ le~ ~an ~ yearn ~ a b~lcn ~ s~er ~ ~ yearn. ~ (I) OR ¢) I$ NOT SELEC~O, (1) S~L ~PLY. G~ER ~hg, al B~ER's e~e~e, ~ ap~l~ lot/l~ng ~[~ ~ d~ ell~ ~s E~e~i~ 0el~ (r~e {5) days ~ b~ ~) ~ a ~ f~ el~ m obl~n k i~e~ed ~ I~ p -~ b~a~}. mle~ ~ p~es ma~a~ ~e h w~gng Io e~e~ me Mo~g~ge ~l~e~ Oe~[~, ~r B~ ~ SE~R may, by ~nen. ~tl~ ~ [~ ol~r ~W, a~nala ~s ~t~d, ~ ~e da~(~) ~ be ~{~d Io B~R. 6E~ER'8 ~1 ~ ~nala ~s ~ ~ ~e ~ e~sl i~ SE~R ~ght to ternate ~r~l; (c) ~ PURC~S~ MONEY NO~ ~O MORTGAGE TO SELLER shaa have ~e f~lo~g ~n~c ~ pa~ te~s: The p~lpal a~l sh~ be $ .... ~th an a~ual hieraN ~ale of %. a~ized over __ ~8rs. ~ ~eble~ss ~dc~d by lha Pur~ase M~ Nole sh~l ba~ yearn a~er a~e Omh~ Date· The pen~ pa~e~e sh~l: O I~e p~/p~ ~d ~temst (each pz~a~ I~ same) OR ~ ~ intereel ~ly ~d ~ payable: ~ a~ua~y ~ sem;an~? ~ quadedy ~ ~ ~thly. Oiler lam~ and ~na o[ I~ Pu~e~e M~y Nole a~ Mo~ga~ Io SELLER are contain3 ~ Sla~a~ A. IF 4(a), 4~) or 4(c] AGOVE IS ~T SELECTED, 4(a) S~LL APPLY. -- While Copy-Brokoq Yellow Copy.,%lle#auy~ © I~ Naplet ~'u Board el REALTORS® and Ass~atlon d Rea~ Estate Prul'~[c PAGE1 o1~ .sh~t dewar Io BUYER as ~itle e~ide~e, a ~m~lele abstracl of lille I~ a company sa~i~faclo~ SELLER. an~ sh~i lu~ p~e B~ER ~h a ~ele ~py ~ SELLER's e~sling o~fs lille insur~ ~iw. IF (I) OR [2) ~VE ~ ~T SE~CTED, (l) S~LI APPLY. 6. DUE DILIGENCE: [CHECK (1) OR (2).). (1) ~ WAIVE~ OF 0UE DILIGENCE: BUYER h~s vlsuaUy I~pecleO lot BUYER's mle~ed use. in h~ ~[ 3s is' ~r~ili~ ~ o( [~ ElLesSe Date ~ ~is ~[(a~. 6UYER's ~ligallon i~spacl~. ~sts oF s(udies: or {2) OUE O[LiGENCE:~ BUYER ele~s to co~ucl InspeclE~s {alelined ~nd derailed in ~e[her (~s P~o~ (s ~t~b~e, in EUYER's solo ~,scmfion, tot B~R's in(e~ed u~e, [IF (I) lb) ADDENDUbI: If addilional letres are incorpo~aled inlo ~his Cc~lra¢l by sepa~le ~dendum, a~ch s~me a~ mo~cale ~/e O. REAL ESTATE TR~SAC~ON STANDARD~, ~ELLE~ AND B~ER ACKNOWLEOGE T~T THEY HAVE EACH RECEI~D ~D RE~D R~L ESTATE (Sell~r't P~l,,d, Name) (Buyees PriNed NaMe) Y-'/ (Oale) (t~y,/ees Si(:jqalure) ¢ax tD. Number) {~a~ I.D. Number) (T~ !.D Nun'ear) ~OENTIFICATION OF .REAL ESTATE ~EPO~ RECEIPT Rec.ip[ ol [h~ i~illal U~posi[ i~ ackno~edged by ~ cash ~ ~re Or ~ ~ec~ On lo 0a he~ In es~ in accorda~e ~[h Ihe le~S anO ~nOilions s~l fo~h in 1Ns ~nlracl. By: (Insed N~ ol Escr~ Ager, i) (Insa,q Oa While Cop~;.~lo~oq YeJlow Cop¥-S~ller~uye~ ~ I~SS Naplea Area Ba~'d af REALTORS® and A$$o¢~3tlan of R~a! E~t~l= Prol& 83.'-17.-200~j i0: 3,-"-' it~DEF'EtI[,EItT rl FLE --, ~' IEI. 4'3tD REAL ESTATE TRANSACTION STANDARDS ' STANDARD A. PURCHASE' MONEY NOTE ANO MORTGAGE TO SELLER, The Furchase Mon~y Hole referred Io ~. Paragraph 4(c] o! this Contrac~ v~l ~ro~ a IDle ~arge e~alanl Io I~e perrant (5%) d Ihe delinquent pen~ pa~l a~nt if psiriehl is na made ~thin ~en (10J da~ d ~e due date. ~e P~e Money . I~ Pr~ay is ~1~, ~ ~1 ~se ~ [n f~ and c~renl re~ry a~ep~abla to SELLER. ~e BU~ ~h3]l ~ per~y ~e ~ ~ PurPose ~ey No~e. I[~1 ye~ o(~ing ~ ~iMed ~t~ SELLEA's ~Men ~n~enL ~e Pu~a~ M~y ~g~ge shgl ~nl~fn a due~sale dm~e ~ s~l ~ a O~ ~g~e eTANOrD B - TE~ ~DENCE. ~e l;fio ~idence'idenlilied in P~agrap~ 5 o~ :h~s ~c~ w~n show g~ a~ manetable ~[le a~ legal a~ss. sub~ec~ ~ly Io Io~o~ lille s~mp[io~: (a]ad v~lo~em real propefi~ taxes [o~ t~ year of ~oslng and Subsequent years; (b) zoning. bu~ng ~e ~ ol~r use mst~c~ons impose~: by go~mmenta[ a~H~ (c) ~sl~ding oil. gas end mineral inler~te of recaP, I~ any; ~ (d) ~estd~i~s, resaw~[ions ~ e~en~ ~ 1o Ihe ~ovidod. hoover ~at no o~ ol ~em ~hsll prevent use of (he Prope~y lot res~onfia~ pu~oses. STANDARD C - INSTRUCTIONS FOR TITLE; ASSIONME~, At t~a~t fifteen (16) days pdor Io I~ Cmo~ng Dale. B~ s~ de~r Io SELLER the a~tess(es). m~e~ in ~ch lille ~1 ~ taken. a~ any Asslgnrnenl(s) ~re~ required. No ~Ig~ant shall ~eie~e ~ER Ir~ Ihe ~s of ~ ~[md ~ess SE~R ~ents in ST~DARD D -CONDITION OF PROPER~ DISCLOSURE; WA~R~; INSPECTION ~D REP~I~S AND REP~CEUE~S; RISK OF LOSS. B~R ~r ~ ha~ ~t ~e~ disclosed Io B~ER In wriSng prior to the ~e~l~ O~le o~ this ~lrad or t~ Pa~graph 7 of l~s ~. ~) OILIGENCE PERIOD: I~ [2) was sele~ed In Parag~ph 6 of INs ~lra~, BUYER shall ~ve a ~ at (~y (30) da~ f~ lhe Efiec~e D~e . BUrR may av~uate, ~1 fi~a~ion. Iha b~lding and zoning la~ and resldc[Io~, envlm~lal ~ndlU~s ~nd resl~s. p~es~ oF ra~, s~l and prepnee of (e~s a~ olher ~4eslro~ng organisms. avail~biti~ ~ water, sewer ~nd other u~itiee, ~s;slen~ ~(h I~al, state ~d mg~ gr~ pl~s. availabili~ at ~, g~emmenl approvals and licenses applicable Io Ihe P~e,y, ~nd to mnau~, a[ B~ER'e ~nse. ~ ~ ~ lesls, repo~s, sluE;es, inspections, ~alys~, su~ws a~ ~ssessmen~s {hat BUYER deems neceesa~ ~d appr~d~te to dateline [he suifabifily at ~ Pr~e~ ~ B~ER's in[ended use [mltcc~ely the Insp~{iom3. B~R ~ BUY~'s agehis. e~ploy~s and ~tr~s shall ~am ~ ~gh~ Io onler the Pra~y al ~ re~m~le ~m~ a~ · ~k d~ ~e ~ Oi[/ga~ Pe~ for lhe pu~e at ~ducfing Ihe Inspediom. BUYER ~ ~em~ a~ ~ SE~fi h~l~ [~ ~ ag~l ~ ~, ~a~ges, ~sl5. claims ~nd ax~mes ol ~y nature. inducing arlor~ys' ~as. and fi~ ~d agal~l liability to any ~r~ afisl~g fi~, ~ ol or ~ ~ ~ ~e ~s~. BUYER ~fi m[ cause ~y ¢on~l~c(ion I~en(s~ ~o be pieced against l~e Prope~y as a ~sur( o~ ~e InspealErs. I~ BUYER de~e~ines lot ~y reason Ih~l the Prope~ no{ suil~ble lot BUYER's intended u~. and haftlEes SELL~ o! same In writing prior to expiration ol Ihe ~e Oifigenca Pefi~, ~s ~a~ sh~l ~ le~in~te~ deposit{s} ~h~11 be i~ediale~ relumed Io BUYER. In ~a~ eve~l, BUYER sha~l repair any and ~11 d~ge Io the Prope~ ~ul~ng ham or ca~ed by b~e Impec~ons, ~d sh~11 olhe~se return ~ Prope~y to ils rendition prior Io Inc Inspections. a~Efi's laiiU~e ~ so ~ify SE~[ER at BU~R's eled~ 1o le~n~le Ibis ~nlmct ~11 ~nslilu~ B~ER's a~p~ance ol Ihe P~pa~ as suitable lot BUYER's ints~ed use, in its ~s is' {c) RISK OF LOSS: SE~ER sh~11 m~inlain Ihe P~ in ~ ~Jtion II e~sled on Iha Eff~tive Dale until ~he ~ng Date, including b~ ~t IJmil~ Io I~ la~ shm~, a~ l~sc~lng, ex~ lot ~inaq wear a~ tear, a~ ehal n~ ~use or ~h deledora~on ~ ~e Pr~ or o~ I~ ~y a~ Io ~sh Ihe value of I~ P~. ~y ~ure I~ ~or d~a~ Io I~ Pro~edy ~ II~e EftedNa Dale ~ ~ls ~nlrad ~d lha ~ Dale ~ ~ ~ ~ssio~ is canJer, sha~ be at S~R'e s~a d~ ~d expense. STANDARD E - SELLER'S INSTRUME~S A~ EXPENSES, SE~ER shaft pay lot and pro,de, ~en appli~ble. In~uding a~ ~e ~ I~ due ~areen: lille e~denm or cr~ in lieu Ihere~l spedlied In Parsglib 5 herein; ~) prep~mlion ol etalulo~ warr~nly dead tar special w~ de~ il SELL~ is a homeo~er ass~ali~ asloppel lariat{e). lenenl esl~pel leller(s), copies a~ ~sslgn~nl(s) of ~eese(s). and an ~fF~davil mg~r~ ~e~. ~es~ion. ~ ~t~o[Oing u~r FIRPT~ in a I~ s~doN Io allow 'gap' roverage by ~11e insu~ce; (c) ~,gage p~yo~ le~e~ from extslin~ lender(s); (~ d~ema~ s~ps ~ de~; {e] real eelale ~mkeds ~nsati~ (Io ~ dis~med by ~dng agenl a~ clas~g}; (0 I~ ~ a~unl ~ s~d& I~es and assassents. ind~[~ ~er s~d~ anO CDDNS~ s~d~ t~es ~ non-ad v~m ~p~l~l assessmen~s,.~h am a lien or a spatial a~essmen[ hal ts md~ as to ~ ~e~ d ~e f,~r ~ ~essor. ~ w~e~ s~ie~ ~o the lien ~ s~aal assessment. ~d t~ ~unt ol ~ lien ~ s~da, ~e~menL ~ or ~ore Ihe Etienne D~tc ~ '~'- ~ ..... *~ F~ a~cmey fees. While r..opy-B"mker; Yellow Copy%.~-Jler/Buyer · l~J~ N~pl~ ~ a~,rd ,f ~L~O~S~ and ~s~o=~on · . $ALES' 'ONTRACT (RESIDENTIAL VA CAN ND) STANDARD F · BUYER'8 IN~TTIUMENTS AND E](PEfieEI~. E~UYER Shall pa.y lot and p,odde, when ~pl;ca~e, Indud'Ing any sla~. ~es ~a~ ":ve lhereo~: ~aJ lee lot deed; (b) prepare[iota of, aJX:l docurrrentaly slan~pa. in[anD~le lax anti recording fees on, tl~e Purchase I'J~ey Note a~d Mortg;~ge Ic ~EL. -:R, and ale. msia i,sLitutiortal loan secured by BUYER; {'c) mealgage Ironsfar fee, fndudlng recording exp~nses; (d) lille insurance; (e) recording membersh/p ~epproval; (0 mce~Ticafien of I~de con~inual~on tamugh dale el deed recording; (g} Survey: {h) conaon~J~ur~omeowne[ association membemhip trakder fee: (~ homeewer required resale tra~fer ree'cap~'te~ c~-~l~.~utton; (i) pending r~ene or sl>edaJ ~sessmen~s Olens O~ special assessments oa~e~ Ihan those descn'bed in Sia'd~d E[~}. In the - event it is aeterminad Ihere are pea~ding liens or spaclot assessmania whid~ do ~11'~.11 under Sla~d E([), not d',,,c~osed'in wt'iting b Bt.Pt'ER by SELLER p,d'or to concu'~ent wilh I~e execu~{~ o1' INs C<~racl. wl"~ch pencr~ng liens of special asseSmonte e~ed a sum equivdenl Io f% d ~ purehose l~dCa o/the Property, 8LfYER. · al ~s opiJ~ shaft have ~he ~lght Io lerminale Ibis Conlrscl by proviOIng SELLER ~.~en notice o~ such le~inel[o~, u~less S~t t~R agrees h w~lJng k) pay s u,."h lie~s o~ speda~ as~ssrnen~s in excess el ~% el ll~ purchase pdca, SELLER agree?, Io pay imto escrow a reasonable sum Io insure thai Ihe e,~ wi~ be .~a;~ al dosing; and ~) BUYER's ~ttomeys fees. In [he evenl Ibis Contrecl is te;mlne[ed for any reason prior In lhe Closing Oale, BUYER shall immc-.diefely return !o SELLE:I s'~veys, I~f[e evidence, and as~x:ielio~ 'a~d olher docurner~ts which were Orovlde~ Io BUYER by SELLER, STANDARD G - PRORATIOI{8. ~ese items will be 13rotBled as or the Closing Dale, wfih Ihe BUYER cha~ed with e~ emitlad Io the Clo~i~ Dale, Or the ~ssessi~; date, whichever is sadism. (a} ad v~omm real and personal property l~es base(:l on;the currenl year (if available}, olha~.e on Lbs I~'ior y~a.,'s I~[J (',~,{l~ul ~.~, ?~.~.~t) raadjL~{ed upon mca~ol el tax bill I! requesled by ellher parry; (b} inleresl on any assumed ln~Jebtedness; (c) renls and dopeSils (ar~ accrued in£eresl 1~ raOn): (d) homeow~ a~ocial~n ~aintenar~ and utilities assessmen{s end CDD/MeTq operating end main[enacts asse~m~ts. STANOARO H. HOMEOWNERS ASSOCIATION DISCLOSURE. In Ihe evem Ihal~he Property' Is located In a homeov,~r. associaJi~ a;:~e'u~un~y. F~orida raw reqd~es th.I before lhe BUYER signs !his Con[racl, the SELLER sha~I provide 1:3 ~h~ BUYER the Homeowner Associ~Jion Oisdos~e Summary, ~ *,hat th~ summa~/sh~ a~<::h~ to [his Cockact a~ an Addendum end inc~r~:~oraled her~{n. THE BuyER SHOULD NOT EXECUTE THIS ~ ~NTRACT UNTIL THE ~UYER HAS REP_.ErVED AND READ THE SUMMARY. STANDRRD I'-,HOMEOWNER ~ATION PROVISIONS, BUYER I~ cons;dared ~ha axislance a' nol o~ ~y mndomi~ ~i~o~ re~e and daarm~ed it/thorn to be s~l~;faclory. Any re&errs accounits} ~u'e Included in l~ purchase price, ll' aS~3ciation m~mbem~p appmvaJ is r[~lU~:L BLIY~R shall, withi. . ten {10) days of Ihe EttaclJve Dale ol Ih~s Co~, Iracl, make appll~tion Ior same in Ihe name(s) In whlc~ title w~ll I~ Ilk.ken, and shall comply wi~ ~ gov~,p;.ng el Ihe associat~ and ae responsible lot sect~ing membe~hil~ approval. I~ re approval has b~en oblelned prior [o ~'~e C~in~ Oats, oilher Ihe BUYER or SELLER m3y c~ncel Ibis Contracl, ~d ll',e deposit(s) shall be returned Io BUYER. SELLER sha~l Obtain le~ter{sl from the essr.,,,-Jati~{s) which sets Io,,;,. the arr~.,'n~, periods and paymenl sty[us el assessments' and. Ironder lees ~d reseTs cepilal contributions, sn~ deliver il to the BUYER al least I',~aen (15} days pr,,,~ to ~ C~o~ng Date. $TANDARO J. PROCEEDS OF SALE AND DISBURSEMENT PROCEDURE, I1 a port[on d lhe purchase price Is to be de~ed I'to~n tnslilutJona f~ndng, the ~eq~mments of ~he len~'mg ir~t~'[ulion a~ fo piece, ~lme o[ day, procedures for closing, and [or disbu~emenl of mortgage proceeds Sh~ c~[rol, I"~wever, Ihe SELLER shat[ have the nghl to r~uire Ir~'n I~e le~ing ir~ti{ulion al dosing. a c~"n~"lment thai the ~e~er ~ll not withheidi d;sbut~en'~n[ el mo~lga~ proc_.e~ds as a resufi el a~y lille delect a~tn'bu~able to BUYER,,m~gaF,'. Unless insliMional procedures Set lcrlh a~ conItel, Ihe SELLER shall I~ ~{i[~ Io receive the nel procee~ c~ sale upon lender 01 SELLER's instruments on tl)e CiDerrig Date STANDARD K- TITLE EXAMINATION AND OEI:ECT$; LEGAL A~CESS. BUYER Shall have Bteen (15) days from receipt el the UUe evidence id~f'~ed m it; of Ihit C,~red (the 'Ex~mination Padod'~ Io~' exaJ'~Jna. tio~ or said lille uvldor~ce ariddolan'nine[ion of legal access BUYER's ob~gatk~ to I:n.~ase is conditioned on the Prope~y having fegaJ access to ~d h'om a public rigt~l O~ way sul'~cie~l for resider~ti~J use. I~ title is.lound defec~ve m [ega~ access is lotJ3d to ~ ta~, BUYER v4i~hin li'm Examin~licn Period, noti~ SELLER in wriling s~clt)4ng lhe Iltle dereel(s) Or lack ot legal sex:ess, and rur~sh co, es c~ the li~fe evidence ~d insln~rnen{s con(aired therein d~cumen~ing such lille aleloci(s) or lack ol Is§el acces~i. It the Lille delecf(s) render(s) lille t~ma~etable. ~ if SELLER ca.,~rmt der~.~r possessran, or mere is no legal access. Ihe SF_J.LER sh~ have Ihirly (30) days trom recaipl el notice (ro~n BUYER (th~ "Qaar~m Period~ Io debit m retrieve such tJl~eaetiver po~si~, or provide ragaJ access, et SELLER'e e~pense, SELLER wtli, if SELLER cannot deriver possession, or SELLER ha~ no ~cces~, m IJlJe ~ Io~'d Io ~ use c[iligent efforl to cortea [he tale defect(s). delh'er ~ssesston or pr~-~de legal e, ccesS '~thln the Qeerence Period, fngu~n9 Ihe br~ng~g of nec,~-ss~' suils. SELLER shall n~l be r~able Io BUYER fo~' damages I! SELLER can~ render fills markslabia, deliver possession or provide legal access. !/SEL].ER does nol deu or remove ~e ti[~e detect{s). del'~v~r possession or p~owde legal access within the Clearance Per{Od~;!BUYER may elecl Io accepl such Els, F3s~ession, ot access as SELLER can Draylois. withoul reducllon of Ihe purchase price, or to ~Jnale Ibis Contrac~ by giving,/wr;[ten nollce of Such lermlnation h3 SELLER, and upon such latin{nation. U~e depos;t{e) shatl be pr~mplty returned [o BUYER, and BUYER end SELLER ehal[ be rel..eased, as to one arielher. of all obligations Lm~er this Contract. STANDARD L - SURVEY; COASTAL CONSTRUCTION BONTROL LINE. BLJYER ~d'ay. al BUYER's expense, have lhe Property surveyed ndl late/01an twe~q¥ (2C: ~Jays Odor to the Closing Dale. tl Iho survey, as ce~lified by a regisle~ed Fk3dc/a surveyor, carratify ShOW~: {a.) an encro~chman! onto (he Propoint, or ('o) ~a~ improveman! located on Ihe Pn:~ert7 projeers or, to Jar",ds c~ olhers, or (c) lack el legal access BUYER .~ha~, within live (5) days el receipt d the survey, notify (he SELLER in wri[ing o! ~he enc~oachmenl, proiecl~on or loci< el legal access. a~ SELLER sh,3t~ [read i'Jlhem e'~'a lilts White Co~y~roker; Yellow ~py-Seller~uyer ~ ~s~ ~aplm kr~ aee~ ~ REALTORS~ end ks~acl~1o~ ~roved ~ ~ Marc~ ~l~O A~e~ ~al~ of REALTORSO, ~nc. a~ {~ Cotf~r Ca~ly 8at ~l~t~, 03 I? :-000 10:57 ltIDEF'Eli£,EIIT TITLE - 5'5:_::0931 rio, 490 CONTRACT STANDARD M. FUNDS ESCROW. The ur, de~signed escrow egenl {the 'escrowee') ~Jl ac,:e~l In escrow Ins 0eposit(s) paid under t~s ~1~ a~ ~id de~sil(s) in es~ u~lil ~e earlier ~: (a) datinG, for closing Io ~er eScrowee, who b~ a~epla~ce agrees to I~se te~s ~d De~es ~e esc~wec (the ~crow~e psiertl el ~e da~it{s) as pa~ el ~ Purc~se pdce o~ Ihe P~pe~y; [c) such Im~e as Ihe BUYER ma~ be entitled to tatum of the de~s[t{~): ot (~ del~ve~ Io ~1~ ~re~ of [~ p~s, ~ ~i~ ~me ~e escrowee sP~ p'~ ~ o~ Ihe dffpo~iqs} Io Jhe psr~ ertliliad [hereto. ~e es~ea ~ a~ ~ ms~ I~ as a stakeholder o~ and ~oul ~pensali~. The escrowee Shall ~t be Ila~l~ ~or Ihe payment of any biereel, damages. a~y lees or ~ ~sts in ~y acl/on thai may be brou9~ Io re~ver the deposit(s) held in escrow, or a~y pad Ihereo[ unless the escmwee ~ha~l fall or teluse to pay ~e~ any s~ de~t(s) ~su~I to a judg~nl, o~r or ~cr~ lha~ s~[t be [ina~ beyond ~ssfb[[(ly o~ a~at. In any pr~ec~ng ~h Fm'g~f~s the d;epo~lt~ el t~ de~l(s), ~e ~r~e shaft ~ ~dP~d Io be pad reas~le aUGmay tees and ~ud c~ts ~ch sha~ be pa~ ~y I~ non-Nev911,n~ pady. The escrowee has ~ du~ to coite~ o~ all~pl [o mfie~ or ~o~ g,ven ~ a deposit, b~ sha~ g~e the padie~ wh~en noli~ or: {1) any deposil Inel is not reinIred wl[nin lye (5) da~ ~er as d~ d~te, ~d {2) any ~mt~af de~s~ ~ is n~ oaid ~ presentation wizhm fi~ (5) days o? leoming oY ils d~sho~r. U~n rece~p[ of sepamle ~eA ~recfi~ ~ ~e BUYER, ~e aleXei(is) shall ~ Ha~d inlo ~ Jn(er~1 beadrig a~unt, a~ all [n~eres[ a~ang Ihereon shal~ ~ paid lo ~he BUYER ~ ~ny event. I~ Lhe e~e ~ ~ fi~ re~ es~e the escrOwee s~11 ~y ~ IhD ~u{mmenls O( ~ap[er 475 F.S. An esc~owee c~rg[n9 an e~crow ~ee 5h~l be liable lot ~ma~ n~FJ~. ~ e~owee an escrow fee sh~ be ~mab[e on~ for ~glfbl misconduc( or gross ~gfigence. STANDARD N - ZONING. S~LER fep~sen[s and warrants lhst SELLER h~ ~OI ~me~ any D~e~ln~ (o ~ Iho pres~ Z~ d~?~[~ o~ I~ Pro~, ~o? ~11 SEL~R i~fia[e any ~ precedings. ~ELLER b~her reDresshis a~d warren[s Ihat SELLER has received no ~lJce el the ~en~m~l by [~rd any pr~edin~ ~ w~i~ ~ffocl I~ present ~ing cgs5111calbn of (he Prope~y. Shourd ~ELLER rece[~ any su~ ~fi~, SELLER ~ p~ mmm~[m(e s~e (o BUrR in ~li~, ~d i[ I~ p~sed zoning would p?evon( residential use o~ Ihe Pr~e~. Ihe BUYER may elect to ~nmT ~s ~1~ ~ have ~ returned ~o ~UYER, ST~D~D O. FOR~GN INVESTMENT IN REAL PROPERTY TAX ACT (FI~PTA). A SELLER ~o i~ a U.S. ~izen or r~dent aFmn ~ ~ lugshas an effid~[ atl~l~g to ~e, is exempl from FIRPTA ~holding, If SELLER ts ~ fo,8ign person ~ enli~, B~ER sh~11 ~lre~ I~ the SE~R, ~ ~ ~d Imm Ihe ~ue p~m, a ~ in an am~l ~ulvalenl I0 10% el I~ ~ur~es8 p~ of Ihe Properly, unless: (a) Ihe SELL~ d~e~ Io B~E 8 ~of~n ~ssued by the Inlema[ Revenue Se~ e~zitlmg SE~ER Io an exe~fi~ from ~ihho[~ng m a reded ~lhhol~ng ~f~gall~, ~ ~fes ~YER for ~t ~e~n9 ~.~,~ ~d 8Ug~R axe.es ~n a~da~l establishing 6~ER's e~lsition ~ ~e Prope~ is for use as a res~enm In e~m ~ ~ m~a~ms o~ Rev~ue ~e, ~ ~he~se ~mes ~th all apDlicable re~a~cns ~d reyro~nts promulgaled ~ l~ed ~y ~e Intem~ R~e ~ regard Io ~a[ ~" -. SE~ER sheri noL be required to pay lo BUYER or affow ~[h~f~J~ by BUYER until BUYER satisfies SELLER ~e I~ ~ll ~ pro~dy ~ ~y re~ff~.U~ss I~ lhe obligad~ Lo do ~ u~n ~ arc~l~n~s set to~h above, ~lhln len (10) days el Ihe Ct~ing D~le BUYER ~1 file ~(h ~r~ ~ k~ I~ the I~emal Sewice ior [he benefil el the SELLER, an~ ~i provies evidence of remt~ance Io Ihe SELLEr. ~e colie~ion or ~lh~i~ng of ~ I~ ~ B~ER, or ~e oJ an e~empdon by SELLER or BUYER as set roAh herein, is a ~dillon prateden[ ~ closbg lot Ihe sots benefil o[ BUYER. SE~ER's lail~e or tarusa[ to ~mply or aJ[ow compliance d~ Ihe ~equ~remenls el SacDon 1445 IRC (a~ regdlali~) Is en evenl of defsu[( and b?e~ch of this ~nlram ~ Ihe SE~ER, STANDARD P. TIME OF PERFORM~CE AND REMEDIES T~ is el the essence for ~sir~ flee. I~ 8~R do~ not pedo~ B~R's ~iga6o~ he[e~de[ (exmpl as excused by Ihe SELLER's dela~[) aa deposits made shall be pa{d Io the SELLER as F~quldated damages, ~i~ 5h~l be S~s exd~e re~dy. 1~ SE~ ~o~ ~edo~ SELLER's obiig~tions harsher (except as excused by Ihe BUYER's delaull). BUYER may enlorce ins ~a~ by a ~t t~ sp~iF~c ~o~a~e, STANDARD Q- L~IGA~ON A~ORN~S' FEES AND COSTS. in mnnec[~ ~qh any Ii~lG~tlo~ ~n~mi~ INs Conifad. tl~ preying p~y shil~ ~ anti(led Io refer reasoners a~om~' lees ~d ~R cos~ item the ~on~revail~ng STUDIO R - ~SC~NEOUS. ~e pallas have agreed Io de~ i~ ~ I~i[h a~ ~ d, ligenlly ~k toward a timely dosing. ~ s~g~ t~ ~1 ~ I~ plur~ me~ ~e~ da~. A] ~li~s/~uirea Io be given u~er Ibis ~ntrsCl sh~l ~ In ~ling. unless o~se s~fied. As used ~efn, l~ ~ ~ eerie broke~ or · r~e~ sh~11 [~e aE re~l estes brokers, br~erage ~mt[~s or b~iness antilles, and tl~eir respect.lye sales~r$~ ~ ~ ~ t~U~. ' ST~DkRD S - REPRESENTA~ONS AND WARRANTIES. Any and all mpresenlafion$ and ~3uanl~es m~t be wd~en inlo ~ ~lm~; o~se, ~re are ~. BU~R'S de~ to b~ ~s b~ ~ B~'s ~ Investigall~ el ~e Pr~e~. BUY~ holds ~ broker(s) haftess !r~ ~ ~ ~ ~s ~us~ ~ SEL~'s la~lu~e ~ ~s~se matc~ fads in a~da~ ~lh ~hls ~nl~, repms~lallo~ regaling Ihe Proped~s c~iti~, or br~e~s mienS, ~ndaE~, o~ el ady ve~o~. ~ pa~s agree ~t ~ia~ to a pa~ by a bro~r ~s ~1, ~ ~ll ~, make Ihe b~e~ respebble for ~d~. E~ ~ [S~LER or i~, and ~li r~ma~d. restsibis lot thai pady'e peNo~anm el Ihe obl~geti~s of this ~lracl. STANDARD T - BINDING ~~; LEGAL COUNSEL. THE P~TIES ARE ~T REQUI~EO TO USE ANY PARTI~ FO~ ~ ~NT~CT. ~R~ CONOITtONS SHOU~ 6E NEGOTIATED BASED UPON ~E RESPECTIVE ~ERESTS. O~ECTIVES ANO BARGAINING ~smoNs OF A~ ~ERESTEO PARTIES APPROV~ OF THIS ~ BY ~ ~IER ~UN~ B~ A~IATION AND ASS~IAT~N~ OF R~TORS ~ I~T CONSTI~ ~ OPINION T~,T ANY OF THE TE~MS AND ~NO~ON5 IN THIS ~CT SHOULD BE ACCEPTED BY A P~ IN A PART~CU~ ~AC~N. ~IS ~.A B~NDING ~t~CT FORM. ~CH P~ ACKNOWLEDGES T~T PRIOR TO S~GNING THE ~NTRACT. ~E ~OSING ~P~SES ~VE BEEN REAL ESTATE T~NSACTION STANDARDS A THROUGH T HAVE BEEN RECEIVEO AND REVIEWED, AND THAT PAR~ ~S BEEN ROUSED BY T~ ESTATE BROKER TO SEEK LEGAL COUNSEL AND TITLE INSURANCE TO PROTECT THAT PAR~S INTEREST IN ~NNEC~ON ~TH ~E TI~E S' ~NDITION. ENVIRONME~AL ~D O~ SPECIALIZED ADVJ~. ~IS ~CT S~ BE BINDrNG UPON ~D INURE TO ~ ~ AND CLOSING OF THIS TRANSACTION. BUYER AND SELLER ARE ADVISED TO CONSULT AN APPROPRIATE PROFESSIONAL HERETO. THEIR HI-'IRS, .ADMINISTRATORS, PERSONAL RE,°RESENTATIVE$, AND SUeLESSORS IN INTEREST. White Copy. Broker; Yellow Copy-Seller/Buyer e 1~9 Naples Ar~a Board el' REALTOI:[S~t and J[sse¢la'llon ef R~I FJ~a[e Pml~$i~ A ~hed Addendum G :~e Cannon ~ ~ · A :~f Tr. 107, Gol n (~ate Est,, Unit 23! 180 ~et of Tr.~1108, Golden Gate Estates, Uni= 23 L. Bray feet of Tr. 1S8, Golden Oate Es=&tes, Unit 23 kGENDA ITEM 03x28xi:~ 10:53 INDEPENDENT TITLE ~ 5933298 N0.623 ') ~ ~ : ' 7?: · . ' ~ ~ ~la . E ~[ i.!l ~C~ P ~) 3774Gseooom · ~ ~Y R. M~EOD, A/K/A O~Y RUSSELL M~O / ~ ~m~: S)l IBIS WAY ~LE~, FL 341~0 ~ ~, I~ ~ ccnmtn Im~ I~ b .COLLIEX C~h~, ~,. ,~: ~ ~ ~ tSO OF ~ 109, GOL~ ~ E~TA~S, UNIT NO. 23, ~ AC~IN9 TO T~ P~T ~0~, OF ~ IN ~T B~K 7, PAG~ ~ 9 ~ 10, OF ~ P~hIC ~S 0P ~ C~, ~RIDA. ~ ~R W~B ~ PROP~ ~S ~IMFR0~D, NON-HO~ N ov 2 ~. A3 ~: . illlllll It ll:lR ~ I, ~; ~Y 31, 199~ ~'~T 180 FEET O~ T~ ~9, GOLD~ GA~ 5~TA~S, ~IT NO. 23,; ACCO~ING ~ ~ P~T T~EOF, OF ~CO~ IN P~T B~K V, F~IDA. P~CEh 2: ~ ~ST 1~0 ~ET OF T~CT 89, GO~ ~ ESTATES, ~ZT NO. 23, ~O TO ~ P~T ~OF, OP ~ IN ~T B~K 7, P~ES 9 ~ 10, OF ~ ~LIC ~S OF ~LLI~ CO~, l?~-~ ~?~.~' A ~ ~N~D G. ~, TRUS~E ~ PRISCXL~ {. ~, ~US~ ~ ~,- ;16J!,# FR.H 03/28/2000 10:53 INDEPENDENT TITLE ~ 5933298 N0.623 Q04 t"ONTINUATION OF DEED: TH~ ~ST 180 FEET OF T~ACT 107, GOREN ~ATE ESTA~S, ~IT ~O. 23, ~ ~ ~ST I~0 FE~ OF T~ 107, GOLDEN GATE E~AT~, ~IT NO. 23, ACCO~INS ~ ~E P~T ~F, OP ~CO~D IN ~T B~K 7. PAO~S 9 ~ 10, OP T~ P~LXC R~CO~S OF ~LLXER ~, FLORI~. P~CSG &: PA~E~ ~ ~ 10, OF ~ ~LIC ~CO~S OF COLLIER CO~, F~RIDA. ~ ~T IT IS NOT CO~I~OU~ TO TRANSPORTATION IMPACT STUDY FOR RANDALL SHOPPING CENTER A PLANNED UNIT DEVELOPMENT Prepared By McAnly Engineering and Design, Inc. 5435 Park Central Court Naples, Florida 34109 April, 2000 AGENDA ITEM NOV 2 8 ~ TRANSPORTATION IMPACT STUDY ~TRODUCTION 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 9154 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 the year 2003. EXISTING CONDITIONS The 1999 Annual Daily Counts are shown on Map '~", and described in Table 2. Tills 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. A~ ITEM Table 1 TRIP GENERATION Shopping Center (95,000 Sq. Ft. = X ) Enter Exit Average Weekday Ln(T) = 0.643 Ln(X) + 5.866 50% 50% Per 1000 Sq. Ft. T = 6595.519 = 6595 3298 3297 AM Peak Per 1000 Sq. Ft. Ln(T) = 0.596 Ln(X) + 2.329 61% 39% T = 154.951 = 155 95 60 PM Peak Per 1000 Sq. Ft. Ln(T) = 0.660 Ln(X) + 3.403 48% 52% T = 607.018 = 607 291 316 PASS-BY TRIP ADJUSTMENT Residential development, office and industrial parks, and high quality restaurants generate new traffic whic~ 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 ITE'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(%)/Exit(%) 1319(50%)/1319(50%) 38(61%)/24(39%) 117(48%)/126(52%) AGF..NOA ITEM 9'I 2 2ooo 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 North of Randall Blvd.11763 East of Wilson Blvd.11763 West of Wilson Blvd.23544 Project % Projected LOS Traffic Increase LOS w~Project 725 0.06% B B 666 0.06% B B 145 <0.01% 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. AGE~A ITEM PROPOSED IMPROVEMENTS The Collier County Public Works Division's update of roadway projects planned for near term 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 b~,' 'the first quarter of 2003. Further, the intersectic, n of Immokalee Road and Randai*, Boulevard will be relocated, reconfigured and signalized according to the Public Works Division's update of intersection improvements planne '! for near term const~ction, and is anticipated to be completed in the Fall of this year. IMMOKALEE ROAD LOS AFTER IMPROVEMENT After completion of Immokalee Road's 4-1aning, 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 AGENDA ITEM LEE CO COLLIER CO N.T.S. 18 lg 3n 31 VICINIT MAP R ~7 17 2O 9 21 Y "A" E MAP lO 15 22 11 14 35 4 3 5 R 27 E 2 12 13 · ~z 24 25 ,]6 1 FOR: CARMEN CALl McANLY ENGINEERING DEsc.,.~o.: AND DESIGN..C.II1~ RANDALL SHOPPING CENTER PUD ~CINITY M~ N~ ~OA S as a ~. T ~ ~ R ~ L ~'~ ~. ~ (941) ~ N.T.~ DA~: 4~0~ ~I~T. 2~ BY ~Y ~l~ REVISIONS L~E COLLIER co co RANDALL T. I.S. SHOPPING - EXISTING MAP "B" R27 E 18 19 17' 2O lB 21 1 114 .3 10 15 16,524 5O 29 CENTER PUD CONDITIONS 10,14.6 (~S) 22 11 14 OIL W~L,L RO~3 '~.710 (724) 23 12 13 24 27 RANOALL BOULt'VARD 4,1t5 RANDALL SHOP 'D~G CENTER 25 26 51 32 35 2 1 R27 E XXXX = 1999 TRAFFIC VOLUMES (XXX) = COUNT STATION I.D. NUMBER NOTE: ALL TRAFFIC VOLUMES ARE AADT (ANNUAL AV£RACE DAILY TRAFFIC) FOR: CARMEN CALI ~CRIPTlON: _.ANDALL SHOPPING CENTER PUD T. LS. EX/STING CONDITIONS EXHIBIT McANLY ENGINEERING AND DESIGN INC. II!~~, ~GIN~NC~ P~A.NNINC~ [.J~NO ~0 ~O~E ~ P~K ~ ~T (i41) ~I-3z~o LEE COLLIER CO CO RANDALL T.I.S. 18 CARMEN CALI SHOPPING - TRIP MAP "C" R 27 E 17 CENTER DISTRIBUTION lO PUD 18 15 14. I.~ 7,1 ~1 (10X) 14,51 · 1187 -- -- -- 35 38 3~ XXXX = PEOJECT GENERA~D ~AFFIC (XX~> = PROJECT ~AF~C DIS~IBU~ON PERCEN~L~ ADJUS~D PROJECT AADT = 2638 McANLY ENGINEER~G DESg_~IP'nON: RANDALL SHOPPING CENTER PUD T. LS. - TRIP DISTRIBUTION EXHIBIT ~ N.T.q [O~N..: ~ ICNK.: '.~.".IDAT~'/20/2000 RANDALL SHOPPINGCENTERPUD T.I.$.- TRAFFICIMPACTS - ~ MAP "D" ~ ~ R 27 E ~'- LEE co COLLIER CO 16 ¢3 15 14. 13 (Pmje~n 666 (a954) 435 2a ~ 27 30 34 31 33 6 5 4 3 2 1 BOULEVARD R27 E XXXX = PROJECT GENERATED TRAFFIC (XXX) = TRAFFIC ADDED TO 2003 PROJECTED TRAFFIC VOLUMES ADJUSTED PROJECT AADT = 2638 NOTE: ALL TRAFFIC VOLUMES ARE AADT (ANNUAL AVERAGE DAILY TRAFFIC) ~°': CARMEN CALI I McANLYENGINE!=HING~ !i .~.RIP TION: ~NDALL SHOPPING CENTER PUD; ~o u,~esc~ N APL,E~ F'I~ O A I ! I?. I' 4~ & it a'/ ~ ~ m',t..'a'~, I"~i~l)a, (,4~) ~.~-*-32.l FAX (,4~) REV1SION $ -,,.- [DATE 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. McAnly Engineering & Design, Inc. 5435 Park Central Court Naples, Florida 34109 May 4, 2000 Approved By: Gina R. Green, P.E. Date: TABLE OF CONTENTS PROJECT DESCRIPTION DESIGN COMPUTATIONS - BASIN 1 I. LAND USE SUMMARY II. SITE GRADING III. SOIL STORAGE IV. SITE STORAGE V. WATER QUALITY STORAGE -- VI. BLEEDER DESIGN VII. FLOOD ROUTING CRITERIA a. 10-YEAR, 1-DAY EVENT b. 25-YEAR, 3-DAY EVENT c. 100-YEAR, 3-DAY EVENT VIII. DOWNSTREAM OUTFALL IX. CONSTRUCTION CRITERIA X. STAGE-STORAGE CALCULATIONS XI. DISCHARGE CALCULATIONS XII. HYDROGRAPH COMPUTATIONS 1. 25-YEAR, 3-DAY EVENT 2. 10-YEAR, l-DAY EVENT 3. 100-YEAR, 3-DAY EVENT AGEhlDA IT'EM 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 0.15cfs/acre 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. SURFACE WATER MANAGEMENT BASIN DESIGN SUMMARY DESCRIPTION BASIN BASIN AKEA 9.54 ALLOWABLE DISCHAP, GE(CFS) 1.43 CONTP, OL ELEVATION 13.00 NGVD P, OAD DESIGN STOP, M 25-YR/3-DAY' DESIGN tLa3NFALL 8.0 INCHES PEAK STAGE 15.55' NGVD PEAK DISCHAP,.GE 1.4 CFS MIN. CENTEP, J_,INE EL. 15.55' NGVD PARK. LOT DESIGN STORM 10-YPJI-DAY DESIGN tLaJNFALL 6.5 INCHES PEAK STAGE 15.23' NGVD MIN. PAP, KING LOT EL. 15.23' NGV'D ·FIN. FLOOl~ DESIGN STORM 100-Y1L/3-DAY DESIGN KAINF~L 10.00 INCHES PEAK STAGE 16.46' NGVD MIN. FINISH FLOOR EL. 16.50' NGVD SECTION B DESIGN COMPUTATIONS Land Use Summary: Total Property Area Water Management Area Description Pavement Buildings Buffers/Open Space Dry Pretreatment Area(El. 10.00) 9.54 Ac.(100%) 9.54 Ac.(100%) Total Area (Ac.) 4.50 2.18 1.43 1.43 Total 9.54 Impervious Area: Pavement Buildings 4.50 ac. 2.18 Ac. Total Impervious Area 6.68 Ac. (70.0%) Pervious Area Net Project Impervious Total Pervious Area 9.54 Ac. -6.68 Ac. 2.86 Ac. (70.0%) (30.0%) AGENDA ITEM II. Site Grading/Storage: Average Undeveloped Site Grade Control Elevation 14.50 ft. NGVD 13.00 ft. NGVD Pavement 4.50 Ac. (~Elevation 15.10- 16.10 Open Space 1.43 Ac. @Elevation 14.00- 15.00 Dry Detention Area 1.43 Ac. (~Elevation 14.00 ft. NGVD ft. NGVD ft. NGVD Average Developed Site Grade 15.08 ft. NGVD III. Soil Storage: Average Site Grade = Control Elevation = Depth to Water Table SFWMD Soil ,?,totage = 2.80"x 0.75 (75% for developed site) 15.08 ft. NGVD 13.00 ft. NGVD 2.08 fl. = 2.10" Ground Storage: 2.10"x 2.86Ac.x 1'/12" S = 2.10"x %pervious = 2.10"x 0.300 = 0.50 AF = 0.63" IV. Site Storage: See attached Stage Storage Computations in Appendix "A" AGENDA ITEM Vo Water Quality Storage (Wet Detention): Vl. First Inch of Runoff: Detention = 9.54 Ac. x 1'/12" = 2.5" x % Impervious Site Area = Total - (Roof) = 9.54 - 2.18 Impervious Area = 7.36 Ac. % Impervious = 4.50 7.36 2.5"x 0.61 = Detention Volume = 1.53"x 1'/12" = 1.53"x 1'/12" = 1.22 AF Since 0.80 AF < 1.22 AF Dry Detent. Storage = 1.22 AF = 1.43 Ac. Detention Elevation = 13.0 + 0.85' Bleeder Design: 2.86 AC. = = 61.1% 1.53" treated x (Total Area) x 9.54 Ac. , % Impervious Criteria Governs 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 cfs/Ac. x 9.54 Ac. = Head, H = 15.6 13.00 = 2.60 ft. For 3.00" circ. orifice,1/2 height = 0.'l_3. ft.~ Max. Head = 2.60 ft. 0.13 ft. = 2.48 ft. For Weir Controlled Discharge: Q = C A (2gH)~r~ 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. 0.80 AF 7.36 Ac. 4.50 Ac. 1.43 cfs AGENDA ITEM VII. Flood Routing: a) 10-Year / 1-Day Storm Event: Rainfall = 6.50 inches Peak Stage = 15.23 fl. NGVD Peak Discharge = 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: 1-Day Rainfall = 10.00 inches 3-Day Rainfall = 13.59 inches Project Acres = 9.54 Acres Soil Storage(S) = 0.63 inches Precipitation = 10.00 inches Precipitation(P) = 13.59 inches Runoff= [P- 0.2S? [P + 0.8S] 13.59- 0.2( 0.63)] 13.59 + 0.8( 0.63)] 2 : 12.86 Inches = (12.86" x 1712") From Stage/Storage Table: 10.23 AF ==> Elevation 181.28 14.09 x 9.54 Ac. 16.46 = 10.23 AF ft. NGVD VIII. Construction Criteria: 10 Year/1-Day Peak Stage Minimum Parking Lot Elev. 25 Year / 3-Day Peak Stage Minimum Road Centerline 15.23 fl. NGVD 15.23 ft. NGVD 15.55 ft. NGVD 15.55 ft. NGVD 100 Year / 3-Day Peak Stage (0 Discharge) = Minimum Building Floor Elevation = FEMA Flood Insurance Map - Zone "X" Panel No, 120067 0250 D, July 20, 1998 Collier County, Florida 25-Year / 3-Day Peak Discharge = Weir Structure: 3.0' Wide Weir Crest at Elevation 1.40 cfs One (1): Circular Orifice Diameter Invert Elevation 16.46 ft. NGVD 16.50 ft. NGVD = 15.55 ft. NGVD Bleeder Structures One (1): = 6.0 inches = 13.00 ft. NGVD IX. Flood Encroachment: Undeveloped Site: Natural Average Grade 100-Year, 3-Day Rainfall 13.59" 100-Year, 3-Day Runoff: 100-Year, 3-Day Storage 100-Year, 3-Day Flood Elevation: (10.80 AF / Developed Site: 100-Year, 3-Day Runoff 100-Year, 3-Day Flood Elevation 9.54 Ac.) = 14.50 ft. NGVD = 13.59 inches '/12" x 9.54 Ac. = 10.80 AF = 10.80 AF + 14.5' = 15.63 ft. NGVD 10.23 AF 16.46 ft. NGVD AGENDA ITEM 0't 2- 8 2,3o0 Stage - Storage Computations ~ 4.5 ac 1.43 ac 1.43 ac age PAVEMENT OPEN SPACE DRY DETENTI Totat feet Storage Storage $-:orage Storage NGVO ac-ft ac-ft ac-ft ac-ft 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 0.00 0.00 O.(lO 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 $.70 0.00 0.35 1.00 1.35 ,4.80 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 0.20 1.29 2.00 3.49 15.50 0.36 1.43 2.15 3.94 15.60 0.56 1.57 2.29 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 ITFJd ~EIR LENGTH 3 FT. UEIR ELEVATION 15.6 FT. NGVD UEIR CO~FFiCIENT .61 TYPE OF BLEEDER SLOT CIRCLE SLOT INVERT ELEV. 13 FT. NGVD ORIFICE DIAMETER .5 FT. PIPE DATA DIANETER 1.25 FT. LENGTH 10 FT. N-VALUE .013 WEIR FLO~ IN CFS ................................... PIPE STAGE I,/EIR BLEEDER TOTAL FLO~ FLO~ 13.00 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 9.17100 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 SANTA BARBARA PROGRAH .OJECT NAME .... : CALl COMHERCIAL CENTER REVIEI,/ER ...... : COLLIER COUNTY PROJECT AREA .... : 9.54 ACRES GROUND STORAGE. .- . . : .63 INCHES TERMINATION OISCNARGE : .01 CFS TIME OF CONCENTRATION : .25 HOURS DISTRIBUTION TYPE . . : SFI.MO RETURN FREQUENCY ... : 10.00 YEARS RAINFALL OURATION . : : 1-DAY 24-HOUR RAINFALL . . : 6.50 INCHES REPORTING SEQUENCE . : STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 13.00 .00 .00 14.00 .00 14.50 .90 1.06 15.00 2.15 1.25 15.50 3.94 1.42 16.00 6.83 2.03 16.50 10.49 3.26 ~-- TIHE (HR) RAIN ACCUM. BASIN A¢CUM. FALL RUNOFF DISCHGE INFLOW (IN) (IN) (CFS) (AF) ...... RESERVOIR ..... ACCUH. INSTANT AVERAGE VOLUHE OUTFLOW D[SCHGE DISCHGE STAGE (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 4.00 .29 .03 .3 .0 8.00 .89 .42 1.4 .3 10.00 1.38 .84 2.4 .6 11.00 1.75 1.17 3.4 .9 11.50 2.07 1.47 5.3 1.1 11.75 3.05 2.40 15.7 1.4 12.00 4.26 3.59 32.4 2.0 12.50 4.74 4.06 15.7 3.0 13.00 4.99 4.30 6.4 3.3 14.00 5.32 4.63 3.0 3.6 16.00 5.72 5.03 1.9 4.0 20.00 6.49 5.49 1.1 4.3 24.00 6.50 5.80 .7 4.6 · .30.00 6.50 5.80 .0 4.6 36.00 6.50 5.80 .0 4.6 42.00 6.50 5.80 .0 4.6 48.00 6.50 5.80 .0 6.6 54.00 6.50 5.80 .0 4.6 55.00 6.50 5.80 .0 4.6 RAIN ACCUM. BASIN ACCUM. · 0 .0 .0 .0 13.00 · 0 .0 .3 .1 13.33 .1 .2 .8 .7 14.03 · 2 .4 .9 .9 14.12 .4 .5 .9 .9 14.20 · 6 .5 1.0 .9 14.28 · 9 .5 1.0 1.0 14.39 2.4 .6 1.3 1.2 15.02 2.9 .7 1.3 1.3 15.19 3.0 1.0 1.3 1.3 15.23 2.9 1.4 1.3 1.3 15.22 2.8 1.8 1.3 1.3 15.17 2.1 2.5 1.2 1.3 15.00 1.5 3.1 1.2 1.2 14.76 1.0 3.6 1.1 1.1 14.54 · 5 4.1 .9 1.0 14.27 .0 4.6 .8 .9 14.03 .0 4.6 .0 .6 13.00 ...... RESERVOIR ..... ACCUM. INSTANT AVERAGE TZME FALL RUNOFF DISCHGE ]NFLOU VOLUME OUTFLCR,/ D]SCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) SUMHARY INFORMATION NAXIHU~ STAGE UAS 15.23 FEET AT 16.50 HOURS IKAXIMUN DISCHARGE WAS 1.3 CFS AT 16.50 HOURS SANTA BARBARA PROGRAH OJECT NAME .... : CALl COMMERCIAL CENTER ~EVIEWER ...... : COLLIER COUNTY PROJECT AREA .... : 9.54 ACRES GROUND STORAGE . , . : .63 INCHES TERMINATION DISCHARGE : .01CFS TIME OF CONCENTRATION : .25 HOURS OISTRIBUTION TYPE . . : SF~D RETURN FREQUENCY . . : -25.00 YEARS RAINFALL DURATION . . : 3-OAY 24-HOLIR RAINFALL . . : 8.00 INCHES REPORTING SEQUENCE . : STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 13.00 .00 .00 13.50 .00 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 RAIN ACCUM. BASIN ACCUM. TIME FALL RUNOFF D[SCHGE [NFLOU (HR) (IN) (IN) (CFS) (AF) ...... RESERVOIR ..... ACCUM. INSTANT AVERAGE VOLUME OUTFLOU D[SCHGE DISCHGE STAGE (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 4.00 .19 .01 .1 .0 8.00 .39 .08 .2 .1 12.00 .58 .19 .3 .1 16.00 .78 .33 .4 .3 20.00 .97 .49 .4 .4 24.00 1.17 .65 .4 .5 28.00 1.45 .90 .6 .7 32.00 1.74 1.16 .6 .9 36.00 2.02 1.42 .6 1.1 40.00 2.~0 1.69 .6 1.3 44.00 2.59 1.96 .7 1.5 48.00 2.87 2.23 .7 1.8 52.00 3.23 2.58 1.0 2.0 56.00 3.97 3.30 2.2 2.6 58.00 4.58 3.90 3.3 3.0 59.00 5.02 4.34 4.6 3.4 RAIN ACCUM. BAS]N ACCUM. .0 .0 .0 .0 13.00 .0 .0 .1 .0 13.07 .0 .1 .2 .2 13.24 .0 .1 .3 .3 13.33 .0 .3 .4 .3 13.37 .0 .4 .4 .4 13.41 .0 .5 .4 .4 13.43 .0 .7 .6 .6 13.70 .0 .9 .6 .6 13.73 · 0 1.1 .6 .6 13.74 .0 1.3 .6 .6 13.75 .0 1.5 .7 .7 13.76 .0 1.8 .7 .7 13.77 .0 2.0 .8 .8 14.01 · 3 2.3 .9 .8 14.15 · 6 2.4 1.0 .9 14.31 · 8 2.6 1.0 1.0 14.43 ...... RESERVOIR ..... ACCUM. INSTANT AVERAGE TIHE FALL RUNOFF DZSCHGE · ]NFLO~ VOLUME OUTFLO~ DISCNGE D[SCHGE STAGE (fiR) (IN) (1~) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 59.50 5.42 4.73 7.0 3.6 1.0 ::'.6 1.1 1.0 14.53 59.75 6.62 5.92 20.1 4.0 1.4 2.6 1.1 1.1 14.63 60.00 8.I2 7.41 41.0 4.9 2.3 2.6 1.2 1.2 !4.87 60.50 8.70 7.99 19.6 6.0 3.4 2.6 1.3 1.3 15.28 61.00 9.01 8.29 7.9 6.5 3.7 2.8 1.4 1.4 15.42 62.00 9.42 8.70 3.8 6.8 4.0 2.8 1.4 1.4 15.50 64.00 9.91 9.19 2.$ 7.3 4.2 3.1 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 72.00 10.87 10.15 .9 8.1 &.O 4.1 1.4 1.4 15.52 80.00 10.87 10.15 .0 8.1 3.1 5.0 1.3 1.4 15.27' 88.00 10.87 10.15 .0 8.1 2.3 5.8 1.3 1.3 15.03 96.00 10.87 10.15 .0 8.1 1.5 6.6 1.1 1.2 14.T3 104.00 10.87 10.15 .0 8.1 .8 7.3 1.0 1.1 14.42 112.00 10.87 10.15 .0 8.1 .1 8.0 .9 .9 14.07 114.:>5 10.87 10.15 .0 8.1 .0 8.1 .0 .7 13.00 SUMMARY INFORMATION MAXIMUM STAGE WAS 15.55 FEET AT 64.75 HOURS MAXIMUM DISCHARGE WAS 1.4 CFS AT 64.75 HOURS AGENDA ITEM NOV 2 8 SANTA BARBARA OJECT NAME .... : CALl COMNERCIAL .CVIEVER ...... : COLLIER COUNTY PROJECT AREA . . . ~ : 9.54 ACRES GROUND STORAGE . . . : .63 INCHES TERMINATION DISCHARGE : .01CFS TIHE OF CONCENTRATION : ,25 HOURS DISTRIBUTION TYPE . . : SF~qD RETURN FREQUENCY . . : 100,00 YEARS RAINFALL DURATION . . : 3-DAY 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 PROGRAH TIME RAIN ACCUM. BASIN ACCUM. FALL RUNOFF DISCHGE INFLOV (IN) (IN) (CFS) (AF) .00 .00 .00 .0 .0 4.00 .24 .02 .1 .0 8.00 .49 .13 .3 .1 12.00 .73 .30 .4 .2 16.00 .97 .49 .5 .4 20.00 1.2Z .69 .5 .S 24.00 1.46 .91 .S .7 28.00 1.82 1.23 .8 1.0 32.00 2.17 1.56 .8 1.2 36.00 2.53 1.90 .8 1.5 40.00 2.88 2.24 .8 1.8 44.00 3.24 2.59 .8 2.0 48.00 3.59 2.93 .8 2.3 52.0~ 4.04 3.37 1.3 2.7, 56.00 4.96 4.28 2.8 3.3 58.00 5.72 5.03 4.1 3.9 59.00 6.28 5.58 5.8 4.3 ,59.50 6.78 -6.08 8,7 4.6 59.~ 8.28 7.57 25.2 5.2 60,00 10.15 9.43 51.4 6.2 60.50 10.88 10.16 24.6 7,7 RAIN ACCUM. BASIN ACCUM. ...... RESERVOIR ..... ACCUM. INSTANT AVERAGE VOLUME OUTFLO~J DISCHGE DISCHGE STAGE (AF) (AF) (CFS) (CFS) (FT) .0 .0 .0 .0 13.00 .0 .0 .0 .0 14.00 .1 .0 .0 .0 14.04 .2 .0 .0 .0 14.10 .4 .0 .0 .0 14.17 .5 .0 .0 .0 14.25 .7 .0 .0 .0 14.33 1.0 .0 .0 .0 14.44 1.2 .0 .0 .0 14.57 1.5 .0 ,0 .0 14.69 1.8 .0 .0 .0 14.82 2.0 .0 .0 .0 14.94 2.3 .0 .0 .0 15.04 2.7 .0 .0 .0 15.14 3.3 .0 .0 .0 15.32 3.9 .0 .0 .0 15.48 4.3 .0 .0 .0 15.55 4.6 .0 .0 .0 15.61 5.2 .0 .0 .0 15.67 6.2 .0 .0 .0 15.80 7.7 .0 .0 .0 16.08 ...... RESERVOIR ..... ACCUM. INSTANT AVERAGE AC, ENOA ~TE.M TIME FALL RUNOFF DISCHGE INFL01~ VOLUME OUTFLOW/ DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 61.00 11.26 10.5& 10.0 8.2 8.2 .0 .0 .0 16.17 62.00 11.Z7 11.05 &.? 8.7 8.7 .0 .0' .0 16.25 6~.00 12.39 11.66 2.9 9.2 9.2 .0 .0 .0 16.32 68.00 13.11 12.38 I.? 9.8 9.8 .0 .0 .0 16.&0 72.00 13.59 12.86 1.2 10.2 10.2 ' .0 .0 .0 16.46 SUF,~ARY INFORMATION NAXIMU~ STAGE WAS 16.46 FEET AT 72.00 HOURS MAXIMUM DISCHARGE WAS .0 C~S:!'AT .00 HOURS h'OV 2 b PROTECTED SPECIES REPORT CALl 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: 1983 Tamiami Trail North, Suite 114 Naples, FL 34110 Ph; (941) 514-0028 Fax (941) 514-0770 June 2000 ~- I. PURPOSE This report provides an objective assessment of state and federally protected flora and fauna that may potenJially utilize the site for foraging, nesting, breeding or shelter based on the vegetat~_jve communities present. l'he 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 insurance's ~gainst liability ar.ising from any enviromnental issues, past, present of future. Ju:dgements 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. 1I. 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. 2000 CALl - PROTECTED SPECIES S26 atnd 27, T48S, R27E Page=2 WILDLIFE UTILIZATION A protected species survey was performed on the Call Parcel during April and June ~of2000. No listed flora or fauna were observed on the site. A table o. fprotected Ipecies that could poten[ially utilize.!he site is provided below. FLUCFCS ttABITAT DESCRIPTION POTENTIAL LISTE[ CODE SPECIES 3.21 Palmetto Prairie Eastern Indigo Snake i: Gopher Tortoise ~: Gopher Frog , Southeaster, American Ke~,~ ~ Florida Sa~- ill Crane Audubon': ,~;rested Caracar Florida Bt~icx Bear Curtis's Mil. t:~'eed Fakahatche ~ mrrnannia Florida Coc. 4119 Pine Flatwoods with scattered Brazilian pepperEastern Indigo Snake Gopher TortoNe Gopher Frog Southeastern American Kest Red-Cockaded Woodpecker Florida Panther Big Cypress Fox Squirrel Florida Black Bear Fakahatchee Burmannia Satin Leaf Florida Coontie 740 Disturbed Land American Alligator Gopher Tortoise Sandhill Crane Burrowing Owl Snowy Egret Little Blue }!. Tri-colored ITEM :.18':.: 27 2'5 ',.6 16 1'6 21 SOl L COI)F. 16 SOII, NAMt! Malabar I.'inc Sand ()ldsmar [:inc Sand I tYI)I~,I(' STA'I'(iS I I>dric Non t Ivdric 2821100 EXECUTIVE SUMMARY PETITION PUD-95-02(1) STEVE LOVELESS OF PALM FOUNDATION, INC. REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BAILEYLANE PUD TO "PUD" IN ORDER TO REDUCE THE FRONT AND REAR YARD SETBACKS FOR SINGLE FAMILY DWELLINGS AS WELL AS THE DISTANCE BETWEEN STRUCTURES AND THE REAR YARD SETBACK FOR ACCESSORY STRUCTURES. THE SUBJECT PROPERTY CONSISTS OF 24.76 ACRES AND IS LOCATED ON BAILEY LANE OFF AIRPORT PULLING ROAD IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application seeking to have certain land herein described rezoned from its current zoning classification of i'PUD" Planned Unit Development to "PUD" for a residential community. CONSIDERATIONS: Bailey Lane PUD, which is a development under construction was originally approved in 1995 for 75 residential dwelling units, for a density of 3.02 units per acre. The applicant is requesting to reduce the front yard setback for single family dwellings from 25 feet to 20 feet, the rear yard setbacks from 20 feet to 10 feet, distance between structures from 15 feet to 10 feet and the rear setbacks for accessory structures from 10 feet to 5 feet. This action will allow the applicant to build larger homes with smaller yards. This property is surrounded by Royal Poinciana Golf Course to the west, Poinciana Village subdivision to the south, multi-family tract of Hawks Ridge PUD to the north and single family dwellings, zoned RSF-4, RSF-5 and Estates zoned properties to the west FISCAL IMPACT: This is a residential development with 75 residential dwelling units; the following Impact Fees will be applicable to this project: Road Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Park Impact Fee: Radon Gas $1,587,308.00 $8,848.OO $112,500.00 $1 ,O5O.OO $61,563.00 $562.00 1 AC, ENOA ITEM N0 /2 2000 Buildinq Code Administration Total $562.00 $1,772,393.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development review process. Whereas utility fees are based 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 by the ad valorem tax 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 valorem tax rates. The above discussion deals with revenue schemes. A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. At this point in time staff has. not developed a method by which to estimate the cost of a particular land use development project. Such a model in our opinion would be terribly misleading because there is no certain way particularly with respect to housing projects to determine their value and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development' takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard 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, which may have geographic concurrency implications. GROWTH MANAGEMENT PLAN IMPACT: This property is located within the Urban Residential Mixed-Use designated area on the Future Land Use Map of the Growth Management Plan. 'The previously approved density of 3 units per acre is equal to that which the site is eligible to receive under the FLUE density rating system, therefore this petition is consistent with the density provisions of the Growth Management Plan (GMP). ENVIRONMENTAL ISSUES: This PUD was previously reviewed for environmental issues. The PUD Document and Master Plan were structured to minimize the impact to the environmental. This request for reduction in-the required yards will not affect the environment. ,2 N3ENOA ITEM NOV 2 8 2000 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 recommended that the CCPC review PUD-95-02(1) and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was exempt from the EAC review. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on October 19, 2000 and by a unanimous vote recommended approval. At the CCPC hearing 2 neighboring property owners spoke against this petition. 3 AGENDA ITEM NOV 2 8 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D.,AICP PRINCIPALPLANNER RO~IALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: JOHN r~'. DUN~-UCK, III, INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT.& ENVIRONMENTAL SERVICES 5 NOV 2 8 2000 AGENDA ITEM 7-E MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION OCTOBER 20, 1998 PETITION NO: PUD-95-02 (1) OWNER/AGENT: Owner: Palm Foundation, Inc. II Steve Loveless 1719 Trade Center Way #2 Naples, FL. 34109 REQUESTED ACTION: The petitioner seeks to repeal the current Bailey Lane PUD and to adopt a new PUD, in order to reduce the front and rear yard setbacks for single family dwellings as well as the distance between structures and the rear yard setback for accessory structures. GEOGRAPHIC LOCATION: The subject property is located-on Bailey Lane off Airport Pulling Road in Section 23, Township 49 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: Bailey Lane PUD is a development under construction. This PUD consisting of 24.76 acres was originally approved in 1995 for 75 residential dwelling units, for a density of 3.02 units per acre. The applicant is requesting to reduce the front setback for single family dwellings from 25 feet to 20 feet, the rear setbacks from 20 feet to 10 feet, distance between structures from 15 feet to 10 feet and the rear setbacks for accessory structures from 10 feet .to 5 feet. This action will allow the applicant to build larger homes with smaller yards. -1- NOV 2 8 2000 -! - t! _28- SURROUNDING LAND USE AND ZONING: Existing: - Mostly developed, zoned PUD. Surrounding: North East South West Partially developed with multi-family dwellings, zoned PUD (Hawks Ridge PUD) - Single family dwellings, zoned, "E", RSF-4 and RSF-5 - Single family dwellings, zoned RSF-4 - Poinciana Golf Course, City of Naples, GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed-Use designated area on the Future Land Use Map. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The project density of 3 dwelling units per acre is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Traffic Congestion Area -1 dwelling units per acre Base Density: 4 dwelling units per acre Maximum permitted density 3 dwelling units per acre The previously approved density of 3 units per acre is equal to which the site is eligible to receive under the FLUE density rating system, therefore this petition is consistent with the density provisions of the Growth Management Plan (GMP). Transportation Element: Since no additional dwelling units are proposed, there will be no additional site generated trips resulting from the proposed change. Therefore, this petition will not create trips that exceed the significance test standard (5 percent of the LOS "C" design volume) on any County road. Therefore, this petition is consistent with Policies 1.3, 1.4, 5.1 of the Transportation Element of the Growth Management Plan. Conservation and Open Space: PUD development commitments provide open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC is being achieved by the design for preservation areas and by -2- NOV 2 8 2O0O re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP is being achieved through PUD development commitments. Utility and Water Mana.qement: Development of the land will continue on the bas i s of connection to the County's sewer and water distribution system. These facilities are designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilitie~ ,'-e constructed to meet County Ordinances and they were reviewed and approved ~ function of obtaining subsequent development order approvals. The above-pre: ?ed 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 Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE EVALUATION: 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 staff. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. ANALYSIS: Staff completed a ..:omprehensive 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 comprehensive overview. The list of criteria is 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 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 determination. of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. ITEM NOV 2 8 2000 Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appropriate evaluation of 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, 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. Followings are staff findings for this PUD petition: Relationship to Future and Existinq Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan iljustrates a residential development at a density of 3.02 units per acre, which is consistent with the GMP. The surrounding area is largely developed and currently most surrounding properties are zoned at similar or higher densities that range from 1 unit per 2.25 aces in the "E" Estates District to 5 dwelling units per acre in the RSF-5 District to the west and 4 dwelling units in the RSF-4 District to the south. The applicatibn of PUD development standards should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. Regarding the matter of timing, it should be appreciated that urban commercial developments have been in existence in the area for many years. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE of the GMP. Traffic: As stated above, since no additional dwelling units are proposed, there will be no additional site generated trips resulting from the proposed change. Therefore, this petition will not create trips that exceed the significance test standard (5 percent of the LOS "C" design volume) on any County road. Therefore, this petition is consistent with Policies 1.3, 1.4, 5.1 of the Transportation Element of the Growth Management Plan. Infrastructure: The subject property is served by the County water and sewer system. Storm water management is provided on site. Community Infrastructure and Services: -4- AGENDA ITEM NOV 2 8 2000 The subject property is readily accessible to a whole range of community infrastructure, which is enhanced by its interface with Airport Road. Shopping centers and medical offices of various specialties are all within a short driving distance to the south and north. PUD Document and Master Plan: PUD Document: The Bailey Lane PUD Document is modeled after a County Planning Services Model PUD Document. In terms of format, general provisions covering references to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of revi.ewing staff. The development standards regulating the placement of residential structures both for individual and multi-family development are similar to the standards commonly employed in other PUDs, which by actual development practice has produced aesthetically pleasing communities. Master Plan: The Master Plan is designed around an entrance driveway, which provides a connection to Bailey Lane and Airport Road. All committed road improvements are already in place. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-95-02(1) to the Board of County Commissioners subject to the conditions that have been incorporated in the PUD Document and otherwise described by the Ordinance of Adoption and exhibits thereto. 5 NOV 2 8 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER ~EWED BY: R~ N~-LD [=."N~(~, AI' I' I~P, CURRENT PLANNING MANAGER DATE O~HERE, AICP,~DIRECTOR PLANNING SERVICES DATE ~INCENT CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE Petition Number: PUD-95-2(1) Staff Report for October 19, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: R~":~ ~~1~~17~ I R M~A N NOV 2 8 200[ FINDINGS FOR PUD PUB-95-02(1) 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: 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) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. The subject property is served by a network of County roads, all of which are within the urbanized area providir;g easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the ',and for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Finding: 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. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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 AGENDA iTEM NOV 2 8 2000 be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. ProlCon: Evaluation not applicable. Summary Findin_q: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals,' objectives and policies of the Growth Management Plan. Pro: The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Summary_ Findin_q: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Mixed-Use - Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed of 3 units per acre. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density - Approval would authorize 75 dwelling units whose density would be 3.02 units per acre. This is consistent with the density rating system to the FLUE which allows up to 4 units per acre as a base density. Land Use - The urban residential Subdistrict allows all residential structure types and other uses normally found in a residential environment such as recreational accessory uses. 2 ITEM NOV 2 8 2000 Transportation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TE. Recreation and Open Space Element - Sixty (60%) percent or more of the land area is to be developed as open space consisting of a wetland areas, lakes and landscape buffers. This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 60 percent for residential PUD's exclusive of that open space related to actual residential development. Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Bailey Lane PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 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. ProlCon: Evaluation not applicabl~. Summary Finding: 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. The adequacy of usable open space areas in existence and as proposed to serve the development.' ProlCon: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 3 NOV 2 8 2000 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ProlCon: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Finding: .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. 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. ProlCon: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart fro'nn 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 particular housing structures and associated area requirements. REZONE FINDINGS PETITION PUD-95-02(1) 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: 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: i. The proposed residential density of 3.02 dwelling units'per acre is consistent with the Density rating System of the GMP that provides for a base density of 4 dwelling units per acre. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: This project is surrounded by RSF-4 and RSF-5 properties that allow 4 and 5 dwelling units per acre respectively. Con: The property is'also adjacent to a property zoned "E" Estates with a density of one residential unite for 2.25 acres. Summary Findings: The proposed density and land use are generally consistent with the existing land use pattern in the area. The possible creation of an isolated district unrelated to adjacent and nearby districts; 1 AGEN~AI~' NOV 28 Pro: The proposed rezone is for a residential project which is similar to the surrounding properties. Con: Evaluation not applicable. Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because is located within close proximity of other approved residential zoned properties. It is also consistent with expected land uses by virtue of its location within the "Urban Residential" area on the Future Land Use Element. 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 Findings: The boundaries are logically drawn by virtue of the site's location within the "Urban Residential" area on the Future Land Use Element. 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 and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary Findings: Consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro (i) Recommended mitigation actions made a condition of approval will go a long way towards offseEing any potential adverse influences on the residential communities in the area. Con: (i) The additional dwelling units could cause increased noise and traffic impacts on the nearby residences. However, due to the AGENDA rlt:M NOV 2 8 2000 = relative small size of the site and the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary 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 promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. 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) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. (ii) The property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic · from this residential development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findinas: 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. 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. 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 3 NOV 2 8 2000 10. 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 intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary Findinqs: 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. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce ligh't and air to adjacent areas; Pro: The proposed residential development conforms to the similar residential development standards of the LDC which are designed to protect the circulation .of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 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 which exists on the north and east sides. Con: None. Summary Findinqs: 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 may or may not affect values, since value AGENDA ITEM NOV 2 8 2000 11. 12. 13. 14. determination by iaw is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 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. Summary Findin.qs: The basic premise underlying all of the development standards in the zonir~:j division of 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. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; ProlCon: Evaluation not applicable. Summary Findings: The subject property can be dev. eloped 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 FLUE as contained in the Growth Management Plan. Whether the change s~ggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the GMP. 5 AGENDA ITEM - NOV 2 8 2000 15. 16. 17. Con: Evaluation not applicable. Summary Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed. residential 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. 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. Summary Findings: Physical alteration is a product of developing vacant land which cannot be avoided. 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 implem, ented through the Collier County Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that. required infrastructure meets with GMP established relationships. 6 AC..~.~A NOV 2 8 2000 DATE I r.,~ -'' -" '~'; ''~-~ APPLICATION FOR PUBLIC H ' ~'' : ~ " EAR!N(~ ....... '__. ~, FOR I ' PUD AMENDMENT/DO AMENDMENT "-" " COMMUNITY DEVELOPMENT DIVISION ..!! PLANNING SERVICES ' . , Name of Applicant(s) ~f~b~hf~ ~%3~~-1'Ok~ ~kQ¢_~ .T~' Applicant's Mailing Address J~ !o/,, ,'[-J-~lt::,l'=_ Ci~-;=~T~_ city state zip. Applicant's Telephone Number: Res.:~Q-~ Bus.: ~]~. Is the applicant the owner of the subject property? Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f). If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (if-space is inadequate, attach on separate page.~ Name of Agent Agents Mailing Address Telep~one N~mbe~ :- ~es.: NOV 2 It 2000 3. PUD ORDINANCE NAME AND NUMBER: 4. 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 five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION TOWNSHIP RANGE Address or location of subject property 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). %00 TYPE OF AMENDMENT: A. PUD Document Language Amendment B. PUD Master Plan Amendment ~C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? ~O PETITION #: DATE: AGENOA ITEM NOV 2 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEV~PED?Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT We, ~//)J~ l O~~-m~ being first duly sworn, depose and say that we 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, 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 our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE:.SIGN_A/URES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF OWNER SIGNATURE OF AGENT State of Florida County of Collier ~The foregong Application was acknowledged before me this day of ~/UQ~__ .-, 1~DO by.~0~ ~u~.~sJ , who is personally known to me or who has produced ~L~4~FCt~'q~-~-~l~-<3. as identification and who did (did not) take an oath. (~ignature of Notary Public) NOTARY PUBLIC 'Commission My Commission .Expires.~/O~. PUD\DO APPLI.CATION/md/4128 3 AG~NOA ITEM NOV 2 8 2000 Criteria Distinguishing Major from Minor PUD Amendments (Effective 11/13/91) MAJOR 1. Text change plus any of the following (not incl.name change.): a) If a DRI and notification of change to DCA is required ~b) Any intensity or density changes to approved PUD c) Any change to the Master Plan which affects the spatial arrangement of any approved land use d) Any changes to the Master Plan which affects the arrangement of the project's water management system or impacts on environmentally designated lands as areas for preservation of native vegetation & habitat or as a jurisdictional designation e) Any change which requires review by the Environmental Advisory Board 1. Text Change MINOR 2. Any use additions and/or deletions to the adopted land use categories which have no effect on intensity or density of land use ~Any change to the adopted PUD that only affects zoning development standards, i.e., setbacks, building height, yards, etc. shall be considered as Minor amendments NOV z 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 NUMBERED 9523N AND BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BAILEY LANE PUD, FOR PROPERTY LOCATED AT THE END OF BAILEY LANE, IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.76 + ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 95-37, THE FORMER BAILEY LANE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Steve Loveless of Palm Foundation, 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 of the herein described real property located in Section 23, Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made pan hereof. The Official Zoning Atlas Map numbered 9523N as described in Ordinance Number 91-102, the Collier County Land Development /2ode, is hereby amended accordingly. SECTION TWO: Ordinance Number 95-37, known as the Bailey Lane PUD, adopted on May 23, 1995 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- AGENDA liEat NOV 2 8 2000 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency M arj ~-ri~TM. Student Assistant County Attorney g/admin/PUD-95-02(l )/CB/cw BY: JAMES D. CARTER,Ph.D., CHAIRMAN -2- NOV 2 ~ 2000 BAILEY LANE PUD PLANNED UNIT DEVELOPMENT DOCUMENT Prepared for: Palm Foundation, Inc. 1719 Trade Cemer Way Naples, FL 34109 Prepared by: Hole, Moines & Associates, Inc. 715 Temh Street South Suite 2 Naples, FL 33940 June, 2000 Date Filed: Date Review by CCPC: Date Approved by BCC: Ordinance No: EXHIBIT "A" ITEM - TABLE OF CONTENTS Page SECTION I - Statement of Compliance .......................................1 - 1 SECTION II - Property Ownership, Legal Description and Short Title ...............2 - 1 SECTION III- Statement of Intent and Project Description .......................3 - 1 SECTION IV - General Development Regulations ..............................4 - 1 SECTION V - Permitted Uses & Dimensional Standards for Residential Development ...............................................5 - 1 SECTION VI - Transportation Reouirements ..................................6 - 1 SECTION VII - Utility and Engineering Requirements ...........................7 - 1 SECTION VIII - Water Management Requirements .............................8 - 1 SECTION IX - Environmental Requirements ...................................9 - I A. PUD Master Plan EXHIBITS NOV 2 8 2000 SECTION STATEMENT OF COMPLIANCE The development of 24.76+ acres of property in Section 23, Township 49 South, Range 25 East, as a Planned Unit Development to be known as the BAILEY LANE PUD will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: 1.1 The Project is located in the Traffic Congestion Area, therefore, it is permitted a maximtun density of up to three (3) dwelling units per acre, as identified on the Future Land Use Map and referenced in Objective 1 of the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. 1.2 Improvements are planned to be in compliance with applicable land development i'egulations as set forth in Objective 3 of the Future Land Use Element. 1.3 The Project will be served by a full range of services provided by the County and sewer and water services provided by the City of Naples that will result in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future Land Use Element. 1.4 The Project is compatible with and complementary to adjacent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. 1.5 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. 1-1 ITEM NOV 2 8 2000 2.1 2.2. 2.3 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE PROPERTY OWNERSHIP The subject property is under contract for purchase by the Palm Foundation, Inc. at the time of the application for zoning. LEGAL DESCRIPTION A parcel of land located in the Northeast quarter of Section 23, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows: The West half of the West half of the Southwest quarter of the Northeast quarter in Section 23, Township 49 South, Range 25 East, Collier County, Florida. (Parcel 21.) and the East half of the Northwest quarter of the Southwest quarter of the Northeast quarter of Section 23, Township 49 South, Range 25 East, Collier County, Florida, subject to public road right-of-way over and across the South 30 feet thereof. (Parcel 20.) and the East half of the Southwest quarter of the Southwest quarter of the Northeast quarter a and the West half of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 23, Township 49 South, Range 25 East, Collier County, Florida, less and excepting the North 30 feet of the aforementioned parcels of land. (Parcel 15.) Notes: Subject to easements, reservations or restrictions of record. SHORT TITLE This ordinance shall be known and cited as the "BAILEY LANE PLANNED UNIT DEVELOPMENT ORDINANCE". 2-1 AGENI:)A ITEM NOV 2 8 2000 3.1 3.2 3.3 3.4 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION INTRODUCTION The Developer's intent is to establish a Planned Unit Development meeting the applicable standards of the Collier County Land Developmere Code. The further purpose of the document is to set forth guidelines for future development of the Project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. PROJECT DESCRIPTION The Project comprises 24.76a: acres and is located on the West side of Airport Road with access provided from Bailey Lane in Section 23, Township 49 South, Range 25 East. The project will consist of 75 single family units, comprising a mix of both villa and more ' traditional, single family dwelling units, to be determined at the time of subdivision platting. The Project's intended purpose is to develop a low density, self-comained, residential community, with private roads and a security gate, to provide for the security needs of future residents. Recreational facilities are also planned to be included in the project to lessen the dependence on County recreational facilit~cs. LAND USE PLAN Ao The PUD Master Plan contains a total of 12.66 acres of residential development, 3.22 acres of lakes, 3.35 of road rights-of-way, 4.79 acres of buffer and preserve areas, and .74 acres of recreational and clubhouse area. PROJECT PHASING The anticipated time for build-out of the entire Project is three (3) years or by 2004. 3-1 4.1 4.2 SECTION IV GENERAL DEVELOPMENT REGULATIONS PURPOSE The purpose of this Section is to delineate and generally describe the project plan Of developmere, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. GENERAL Regulations for development of the Bailey Lane 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 the Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvemeres, such as but not limited to Final Subdivision Plat, Final Site Development Plan (SDP), Excavation Permit and Preliminary Work Authorization. Where these regulations fad to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the Bailey Lane PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless modified, waived or excepted by this PUD, the provision~ of other portions of Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. to Development permitted by the approval of this petition will be subject to a concurrency review under the provisions ofDiv.3.15 of the Collier County Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. '4-1 AC~2NDA NOV 2 8 2000 4.3 SITE CLEARING AND DRAINAGE 4.4 4.5 4.6 Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code. EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water managemere areas, utilities and other purposes as may be required by Collier County and other permitting agencies. All necessary easements, dedications or other instruments shall be granted to ensure cominued operation and maintenance of all services and utilities. AMENDMENTS TO THE MASTER PLAN The Master Plan is designed to be flexible with regard to the placement of buildings, water management facilities, and the boundaries of tracts as long as the final design complies with all the applicable portions of the PUD ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Bailey Lane Master Plan upon written request of the Developer based on the following. These axe in addition to the standards provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code: The minor changes are limited to reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. To reconfigure lakes, ponds, or other water management facilities where such changes axe consistent with the criteria of the South Florida Water Management District and Collier County and there is no further encroachment into preserve areas. Internal realignment of rights-of-way other than relocation of access points to external streets. Reconfiguration of residential parcels where there is no encroachment into preserve or buffer .areas. PROJECT PLAN APPROVAL REQUIREMENTS Exhibit No. 1 of 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 eraire area covered by the PUD Master Plan. All division of property and the developmere of the land shall be in compliance with the subdivision regulations set forth in Sec. 3.2, Land Developmere Code. 4-2 AGENDA I _TE.M - NOV 2 8 2000 4.7 4.8 Prior to recording of the Final Subdivision Plat, when required by the Subdivision Regulations set forth in Sec. 3.2, Land Development Code, 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. The provisions of Sec. 3.3, Land Development Code, regarding site development plans shall apply to the development of all platted tracts, or parcels of land, when applicable, as provided in said Sec. 3.3, Land Development Code, prior to the issuance of a building permit or other development order. PROVISION FOR OFF-SITE 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, a~er consideration of fall activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "Development Excavation" pursuant to See. 3.5.5.1.3, Land Development Code, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. Bo A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. In any evere, no timetable shall he approved for off-site removal in excess of ninety days from date of approval. C. All provisions of Sec. 3.5, Land Development Code are applicable. SUNSET AND MONITORING PROVISIONS The Bailey Lane PUD shall be subject to Sec. 2.7.3.4, Land Development Code, time limits for approved PUD Master Plans and Sec. 2.7.3.6 Monitoring Requirements. 4-3 NOV 2 8 2000 4.9 POLLING PLACES 4.10 4.11 4.12 4.13 4.14 Any community recreation/public building/public room or similar common facility located within the Bailey Lane PUD may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with Sec. 2.6.30, Land Development Code. DENSITY A maximum of up to 75 single family or villa/zero lot line homes are permitted in the planned development. The Density Rating System of the Collier County Growth Management Plan permits up to three (3) dwelling units per acre for the project or a maximum of seventy-five (75) dwelling units, which is the proposed number of dwelling units for the project. (See also Statement of Compliance, Section 1-9). MODEL HOMES/SALES CENTER - OTHER STRUCTURES FOR PROMOTION Model homes, sales centers and other uses and structures related to the promotion and sale of real estate, such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Barley Lane PUD subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and · Article 3, Division 3.2, Section 3.2.6.3.6 of the Collier County Land Development Code. The limitations of Section 2.6.33.4, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. LANDSCAPING REQUIREMENTS All landscaping requirements, buffers, walls and benns. shall be developed in conformance with requirements of Division 2.4 of the Collier County Land Development Code pertaining to landscaping and buffering. SIGNS All signage of the Bailey Lane PUD shall be the same as permitted by Section 2.5 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, twenty-five (25) percent of the viably functioning native habitat shall be retained in buff'er areas, around the perimeter of lakes and to the rear of residential areas as depicted on the PUD Master Plan. 4-4 AGENDA ITEM NOV 2 8 2OO0 4.15 COMMON AREA MAINTENANCE 4.16 4.17 4.18 Common area maintenance, including the maintenance of common facilities, open spaces, conservation areas, and the water managemere facilities shall be the responsibility of the homeowners' association. USE OF RIGHT-OF-WAY The Developer at the tLme of final subdivision platting has the option of either designating the road rights-of-way for either private or public use. PROVISION OF RECREATIONAL AMENITIES The Developer shall provide a swimming pool with minimum dimensions of 30' x 40' and a clubhouse of at least three thousand (3,000) square feet of area. These improvements will be provided within twelve (12) months of the permitted completion of subdivision related improvements. GENERAL PERMITTED USES The following uses shall be considered general permitted uses in the Bailey Lane PUD. A. General Permitted Uses: Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Guardhouses, gatehouses, and access control structures. Recreational facilities, including a clubhouse, to meet the needs of on-site residents. Temporary constmction~ sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to Section 2.6.33 of the Land Development Code. Landscape features including but not limited to landscape buffers, berrns, fences, and walls. 4-5 AC.~.NDA IT~.M NOV 2 8 2000 n. ,37 go 7. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compat~le. Development Standards - General Permitted Uses: Unless otherwise set forth in this Document, the following development standards shall apply to uses enumerated above: 1. Setback ~om back of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from property lines -- one half (1/2) the height of the structure. 3. Minimum distance between accessory structures - five (5) feet. 4. Minimum distance between principal structures - ten (10) feet. 5. Maximum height of structures - twenty-five (25) feet. 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. · 4-6 NOV 2 8 2000 5.1 5.2 5.3 5.4 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL LAND USE PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Bailey Lane PUD designated on Exhibit "A", PUD Master Plan for residential uses that includes Tracts A, C, D and F. MAXIMUM DWELLING UNITS A maximum of seventy-five (75) single family or villa lots may be Constructed within the project. GENERAL DESCRIPTION The approximate acreage of residential tracts are depicted on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Developmere Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residemial tracts are designed to accommodate internal roadways, open spaces, amenity areas, water managemere facilities, and other similar uses found in residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Principal Uses: (a) (b) Single-Family Detached Dwellings Villa or Zero-Lot Line Dwellings 2. Accessory Uses and Structures: (a) Accessory uses and structures customarily associated with principal uses permitted in this district, including recreational facilities. '5- I AGENDA ITE. NOV 2 8 2000 5.5 'DEVELOPMENT STANDARDS 1. Table 1 sets forth the development standards for residential tracts. BAILEY LANE PUD DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS : ;, ,, , , ;; ,' ,~1':'i~ , 'i:" , ,'~, ,'~,'r,' '," ~ Minimum Lot Area 7,500 SF 5,000 SF Minimum Lot Width (~) 60' 40' Front Yard Setback 20' 20' Side Yard Setback (2) 7.5' WA Rear Yard Setback 10' 10' Rear Yard Setback 5' 5' Maximum Building Height 35' 35' : Distance Between 10' 10' Principal Structures Floor Area Min. (SF) 1,200 SF 1,200 (3) SF Minimum lot width may be reduced by 20 percent for cul-de-sac lots provided the minimum lot area requirement is still maintained. (2) Zero (0) feet-or a minimum-of five (5) feet on either side, except that.where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten (I 0) foot yard. (3) Two-story villa or zero lot line homes are required to have a minimum of 1,500 square feet (S.F.) 5-2 AC, F. NOA ffEM NOV 2 8 2000 Villa or zero-lot line dwellings are distinguished from single-family detached dwellings with convemional side yard requirements to differemiate these types of single family uses~ for the purpose of applying the Development Standards under Table 1. (Villa or Zero-Lot Line dwellings shall be defined as any type of detached single-family structure employing a zero or reduced side yard as set forth herein, and which conform to the requirements of Collier County Land Development Code, Article 2, Division 2.6, Subsection 2.6.27.) The ntunber and location of single-family and villa or zero-lot line dwellings will be determined at the time of subdivision platting. Single-family and v'dla or zero-lot line dwellings may be separated by recreational facilities, common areas, landscape buffers, rights-of-way or by a common lot line. Regardless of how this separation is achieved, single-family lots will be generally separated from villa or zero-lot line dwellings. 5-3 NOV 2 8 2000 SECTION VI TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the Project Developer. 6.1 The Developer shall provide a sidewalk internal to the project for the exclusive use of Project residents prior to or at the time that the final subdivision improvements are accepted by the County. 6.2 Transportation Impact Fee Credits, if any, shall be allowed in accordance with the provisions of Ordinance 92-22, as amended. Internal access improvemeres and external access improvements (turn lanes, street lighting, etc.) shall not be eligible for any such credits. 6.3 Prior to the placemere of a guardhouse or security gate at the project erarance, portions of Bailey Lane comprising ±.46 acres, that fall within the boundary of the Project, shallbe requested to be vacated by the Collier County Board of Commissioners pursuant to a public petition. All roadways within the boundary of the Project shall be private roadways with access permitted only %r residents and their guests. 6.4 · The Developer, his heirs, successors or assigns, shall be responsible for a fair share contribution toward a traffic signal system at the intersection of Airport Road and Bailey Lane should such a signal system become warranted in the future. It shall be the sole determination of Collier County as to whether the signal system warrant requirements are, or shall be, met. Any such signal system shall be owned, operated or maintained by Collier County. 6.5 The Developer, his heirs, successors or assigns, shall be responsible for a fair share contribution toward a sidewalk form the eastern property boundary easterly to the intersection of Airport Road and Bailey Lane. 6-1 NOV 2 8 2000 SECTION VII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitment of the Project Developer. 7.1 UTILITIES Sewer and water service is provided by the City of Naples. Therefore, all pertinent requirements of the City of Naples, pertaining to the extension and construction of utilities, shall be met. 7.2 ENGINEERING ho Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Director 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 he Development Services Director. Design and constru,::tion of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. The project shall be platted in accordance with Sec. 3.2, Land Development Code, to define the rights-of-way and tracts as shown on the PUD Master Plan. De The Developer, and its successors in interest 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 local development order. 7-1 SECTION VIII WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the Project Developer. 8.1 Landscaping shall not be placed within the water management areas unless specifically approved by Development Services Director. 8.2 A copy of the South Florida Water Management District Permit or Early Work Permit (with Staff Report) shall be provided prior to the issuance of any final developments orders. 8.3 An excavation permit shall be required for the proposed lake in accordance with Div.3.5 of the Land Development Code and South Florida Water Management District Rules. 8-1 NOV 2 8, 2000 SECTION IX ENVIRONMENTAL REQUIREMENTS 9.1 The Bailey Lane PUD Master Plan shows 4.75 acres of native habitat to be retained in buffer areas, around the perimeter of the lakes and to the rear of single-family residential lots to assist in meeting Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Conservation areas (native habitat areas) shall be idemified by survey ~nd preserved on the plat documems by easement or tract reserved for same. Setbacks fi'om these tracts shall be in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. 9-1 NOV 2 8 2000 / ,, EXECUTIVE SUMMARY PETITION PUD-99-25 DAVID E. CRAWFORD, AICP OF VANESSE AND DAYLOR, LLP. REPRESENTING JOHN AND DORA MCMULLEN, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS HAMMOCK PARK OF COMMERCE PUD FOR A COMMERCIAL RETAIL AND OFFICE DEVELOPMENT. THE SUBJECT PROPERTY IS AN UNDEVELOPED 18.15 ACRE PARCEL LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD AT THE TERMINUS OF RATTLESNAKE HAMMOCK ROAD IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application seeking to have certain land herein described rezoned from its current zoning classification of "A" Rural Agricultural to "PUD" Planned Unit Development for commercial uses. CONSIDERATIONS: The proposed Hammock Park of Commerce PUD lays out a development scheme consisting of a maximum of 200,000 square feet of retail and office uses. Permitted u~es in this PUD will be similar to uses permitted in the C-4 and C-5 zoning districts. A minimum of 30 percent of the project's gross area (5.4 acres) shall be devoted to open space. The property in question abuts a "C-5" commercial property to the north. This commercial property is currently vacant; however, staff is reviewing a Site Development Plan for a self-storage complex for the site. Florida Sports Park is located to the east of this property separated by a vacant property zoned "A" Agricultural. To the south this property abuts a vacant tract of agriculturally zoned property. To the west across from Collier Boulevard this property is adjacent to partially developed PUDs (Naples Forest Country Club PUD and Sierra Meadows). Both PUDs contain commercial tracts at the intersection of Collier Boulevard and Rattlesnake Hammock Road facing the subject property. The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 10,645 Weekday trips. The TIS indicates that the project trips will exceed the significance test (5 percent of the LOS "C" design volume) on Collier Boulevard (CR. 951) and on Rattlesnake Hammock Road (CR. 864). However, these road segments are projected to operate at an acceptable level of service at build-out. The Transportation Element (TE) lists Collier Boulevard (CR. 951) as a 4 lane arterial road 1 from SR-84 to US-41. The current traffic count is 23,793 PSDT and is operating at LOS "C" and is projected to operate at an acceptable level of service at build-out in 2002. FISCAL IMPACT: This is a commercial development for up to 200,000 square feet of commercial buildings; the following Impact Fees will be applicable to this project: Road Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Radon Gas Building Code Administration Total $719,900.00 $241,800.00 $6O,000.OO $ 43,100.00 $1,000.00 $1,000.00 $1,066,800.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development review process. Whereas utility fees are based 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 by the ad valorem tax 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 valorem tax rates. The above discussion deals with revenue schemes. A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. At this point in time staff has not developed a method by which to estimate the cost of a particular land use development project. Such a model in our opinion would be terribly misleading because there is no certain way particularly with respect to housing projects to determine their value and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard 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, which may have geographic concurrency implications. GROVVTH MANAGEMENT PLAN IMPACT: 2 NOV 2 8 2000 The subject property is designated Urban (Urban Mixed-Use District, Urban Fringe Subdistrict and Urban Commercial District, Mixed-Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Mixed- Use Activity Centers are intended to be mixed-use in character, and permit a full array of commercial uses, including commercial retail and office use, subject to all relevant criteria in the Future Land Use Element. ENVIRONMENTAL ISSUES: Jurisdictional wetlands total 13.74 acres out of 18.15 project acres, all of which will be impacted directly by construction. In order to offset adverse environmental impacts resulting from development activities in wetlands, approximately 21 acres of wetlands will be purchased off-site in a state acquisition area such as CREW or Panther Island Mitigation Bank. The off-site preserve will be placed under a conservation easement. 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 STAFF RECOMMENDATION: Staff recommended that the both advisory bodies review PUD-99-25 and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC reviewed this petition on October 6, 2000 and by a vote of 4-2 failed to send a recommendation to the BCC. The 4 votes against this petition were cast because the applicant is proposing to remove most, if not all, existing vegetation on site and replant the site with native vegetation to comply with the requirements of the Land Development Code. It should be noted that the environmental staff of Planning Services after reviewing the Environmental Impact Statement and a subsequent site visit, concurs with the applicant that due to heavy exotic vegetation infestation and due to the fact that the elevation of the land will be changed, it is better to remove all vegetation and replant native vegetation in compliance with the LDC requirements. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on October 19, 2000 and by a unanimous vote recommended approval. 3 NOV 2 § 2000 PREPARED BY: CHAHRAM BADA~MTCHIAN, Ph.D., AICP PRINCIPAL PLANNER RO'I~ALD F. IqlNO, ~ICP, MANAGER CURRENT PLANNING SECTION DATE DATE R~Br=RT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: JOH~I- M. D~JNNUCK, III, INTERIM ADMINISTRATOR DATE COkI~IVIUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 5 AGENDA ITEM NOV 2 8 2000 AGENDA ITEM 7-F MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION OCTOBER 20, 1998 PETITION NO: PUD-99-25 OWNER/AGENT: Agent: Owners: David E. Crawford, AICP Vanesse & Daylor, LLP. 8270 College Parkway Suite 205 Fort Myers, FL. 33919 John B. McMullen 50% Dora McMullen 50% 2103 East Newark Road Lapeer, MI. 48446 REQUESTED ACTION: This petition seeks to have certain land as herein described rezoned from its current zoning classification of "A" Agricultural to the "PUD" Planned Unit Development District. GEOGRAPHIC LOCATION: The subject property is located on the east of Collier Boulevard (CR. 951) at the terminus of Rattle Snake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 18.15+ Acres. -1- AGE.~A I1~ NOV 2 8 2000 2000 PURPOSE/DESCRIPTION OF PROJECT: The applicant seeks a rezone of the property in question to Planned Unit Development (PUD) to allow for a maximum of 200,000 square feet of retail and office uses. Permitted uses in this PUD will be similar to uses permitted in the C-4 and C-5 zoning districts. A minimum of 30 percent of the project's gross area (5.4 acres) shall be devoted to open space. This property consists of 18.1 acres. SURROUNDING LAND USE AND ZONING' Existing: Vacant, zoned "A" Agricultural. Surrounding: North East South West - Currently vacant, zoned C-5 - Vacant, zoned "A" Agricultural -Vacant, zoned "A" agricultural -Partially developed , zoned PUD (Naples Forest PUB) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed-Use District, Urban Fringe Subdistrict and Urban Commercial District, Mixed-Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Mixed- Use Activity Centers are intended to be mixed-use in character, and permit a full array of commercial uses, including commercial retail and office use, subject to all relevant criteria in the Future Land Use Element. A consistency review analysis with applicable elements of the GMP is as follows. Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 10,645 Weekday trips. The TIS indicates that the project trips will exceed the significance test (5 percent of the LOS "C" design volume) on Collier Boulevard (CR. 951) and on Rattlesnake Hammock Road (CR. 864). However, these road segments are projected to operate at an acceptable level of service at build-out. As a result, this segment is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). The Transportation Element (TE) lists Collier Boulevard (CR. 951) as a 4 lane arterial road from SR-84 to US-41. The current traffic count is 23,793 PSDT and is operating at LOS "C" and is projected to operate at an acceptable level of service at build-out in 2002. As a result, this petition is consistent with Policy 1.3 and 1.4 of the TE. Conservation and Open Space: PUD development commitments provide open space consisting of at least thirty (30) percent of the gross land area. Native vegetation preservation or re-vegetation -2- NOV 2 8 2000 requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Manaqement: 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 they 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: 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. ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE EVALUATION: 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 staff. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. The EAC on October 6, 2000, reviewed this petition and by a vote of 4-2 failed to take action. The EAC rules require at least 5 votes for any recommendation. The 4 negative votes were cast because the applicant is proposing to remove all existing vegetation on site, including existing native vegetation, and re-plant the required native vegetation as required by the LDC. 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 comprehensive overview. The list of criteria is 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 the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations -3- NOV 2 8 2000 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 appropriate evaluation of 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, 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. Followings are staff findings for this PUD petition: Relationship to Future and Existinq Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan iljustrates a commercial development, which is consistent with the GMP. The surrounding area is largely undeveloped and currently most surrounding properties are zoned Agricultural with the exception of the property to the north which is zoned Commercial "C-5". It should be noted that the property in question is located within a Mixed Use Activity Center. This PUD will have 30 percent of the property allotted for open space. Development standards within the PUD will be subject to, among others, the Collier County Architectural Standards in addition to restrictions imposed by the PUD Document. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land located within the Mixed Use Activity Center will be used for commercial and multi-family residential purposes. The application of PUD development standards should remove any perception that there are any incompatibilities with adjacent land areas. Regarding the matter of timing, it should be appreciated that the area is being developed with different types of residential uses and a commercial development in the area will provide some, if not all, of the commercial services needed by the area residents. Traffic: -4- NOV 2 8 2000 The Traffic Impact Statement (TIS) classifies Collier Boulevard (CR. 951) as an arterial road serving the local north/south traffic. The TIS indicates that 200,000 square feet of commercial development will generate approximately 10,645 trips on a weekday. Based on this data, the number of vehicular trips generated by project will exceed the significance test (5 percent of the LOS "C" design volume) on Collier Boulevard (CR. 951) and Rattlesnake Hammock. However, these road segments will continue to operate at an acceptable level of service at the build-out of the project. Nevertheless, intensifying traffic conditions may at times give rise to inconveniencing neighboring residents on this road segment even though the road will operate at acceptable levels. Infrastructure: The subject property is served by the County water and sewer system. However, storm water management will be provided on site. PUD Document and Master Plan: PUD Document: The Hammock Park of Commerce PUD Document is modeled after a County Planning Services model PUD Document. In terms of format, general provisions covering references to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. The development standards regulating the placement of residential structures both for individual and multi~family development are similar to the standards commonly employed in other PUDs, which by actual development practice has produced aesthetically pleasing communities. Master Plan: The Master Plan is designed around an entrance driveway, which provides a connection to Collier Boulevard (CR. 951). All committed road improvements shall be in place prior to the issuance of any Certificate of Occupancy for the project. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-99-25 to the Board of County Commissioners subject to the conditions that have been incorporated in the PUD Document and otherwise described by the Ordinance of Adoption and exhibits thereto. -5- NOV 2 8 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER CURRENT PLANNING DATE DATE ROBi~RT J. M--ULHERE, A~TCP7, DIRECTOR PLANNING SERVICES DATE' VINCENT CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE Petition Number: PUD-99-25 Staff Report for October 19, 2000 CCPC meeting. COLLIER C~NNING COMMISSION: R;M,..~__~ ~,~-./~?.~.,~_--~ A I R M A N -6- AC~E. NOA ITEI~ NOV 2 8 2000 FINDINGS FOR PUD PUD.99-25 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: 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) The extent that location choice is enhanced for commercial environments within the urban area reduces the push on urban sprawl. The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to this proposed commercial development from the neighboring residential developments. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Finding: 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. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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 NOV 2 8 2000 e be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. ProlCon' Evaluation not applicable. Summary Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Summary Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban (Urban Mixed-Use District, Urban Fringe Subdistrict and Urban Commercial District, Mixed-Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Mixed-Use Activity Centers are intended to be mixed-use in character, and permit a full army of commercial uses. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Land Use The Mixed-Use Activity Centers are intended to be mixed-use in character, and permit a full array of commercial uses. Transportation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TE. NOV 2 8 2000 Recreation and Open Space Element - Thirty (30%) percent or more of the land area is to be developed as open space consisting of a wetland areas, lakes and landscape buffers. This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 30% for commercial PUD's exclusive of that open space related to actual commercial development. Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Hammock Park of Commerce PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 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: Evaluation not applicable. Summary Findin.q: 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. The adequacy of usable open space areas in existence and as proposed to serve the development. ProlCon: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ProlCon: Evaluation not applicable. 3 NOV 2 8 Z000 Summary Findin.q: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) The ability of the subject property and of surrounding areas to accommodate expansion. ProlCon: Evaluation not applicable. Summary Findin.q: 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. 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 Finding: 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 used for commercial structures and associated area requirements. NOV 2 8 2000 REZONE FINDINGS PETITION PUD-99-25 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: 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: Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings.: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: This project is adjacent to C-5 zoning to the north and is within the close proximity of the Florida Sports Park. Con: The adjacent properties to the south and east are zoned Agriculture. Summary Findings: The proposed land uses are generally consistent with the existing and future land use pattern in the area. a The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is for a commercial PUD is of sufficient size and is adjacent to commercially zoned properties, therefore, this rezone will not create an isolated district. Con: Evaluation not applicable. NOV Z 8 2001 Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because is located within close proximity of other approved commercial zoned properties. It is also consistent with expected land uses by virtue of its location within the "Urban Mixed-Use District, Mixed-Use Activity Center Subdistrict" on the Future Land Use Element. 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 Findings: The boundaries are logically drawn by virtue of the site's location within the "Urban Mixed-Use District, Mixed-Use Activity Center Subdistrict" on the Future Land Use Element. 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 and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary Findings: Consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro Recommended mitigation actions made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential communities in the area. Con: The additional dwelling units could cause increased noise and traffic impacts on the nearby residences. However, due to the relative small size of the site and the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties. NOV Z 8 z000 17' Summary Findin.qs: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. 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) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. The property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from this residential development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary 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, 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. Whether the proposed change will create a drainage problem; Pro: 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. 3 NOV 2 8 2000 10. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities 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. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed residential development conforms to the similar commercial development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findin.qs: 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. 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 which exists on the north and east sides. Con: None. Summary Findings: 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 may or 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 may or may not affect value. AGElID/ NOV 2 8 2000 11. 12. 13. 14. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; ProlCon: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of 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. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; ProlCon: Evaluation not applicable. Summary Findings: 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 FLUE as contained in the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the GMP. Con: Evaluation not applicable. 5 NOV 2 8 2000 15. 16. 17. Summary Findings: A policy statement which has evaluated the scale and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed commercial 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. 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. ProlCon: Evaluation not applicable. Summary Findings: Physical alteration is a product of developing vacant land which cannot be avoided. 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. ProlCon: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. AGENOA I, NOV 2 2000 Petition No.' APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE P l~ D 9 9-' ! Commission District: Date Petition Receivedt Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Applicant's Mailing Address City Lapeer State MI Applicant's Telephone # 810-664-8968 Name of Agent Mitchel A. Hutchcraft, ASLA, AICP Agent's Mailing Address City Fort Myers John B. McMullen 2103 E. Newark Road 8270 College Park.way, Suite 205 State FL Agent's Telephone # (941) 437-4701 Zip 48446 Fax # 810-664-9652 Firm Vanasse & Daylor, LLP. Zip 33919 Fax # (941) 437-4636 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 IN. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 1 oF NOV _7 ~ 7000 16 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address N/A City State __ Zip. Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address N/A N/A City State __ Zip City State __ Zip Name of Master Association: Mailing Address N/A City. State __ Zip Name of Civic Association' Mailing Address N/A City State __ Zip Disclosure of Interest Information: 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 John B. McMullen Dora McMullen APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Percentage of Ownership 50% 50% PAGE NOV ? 8 2000 OF 16 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 Go If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do 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 If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF NOV 2 8 2000 f. parties, list all If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X) leased ( ): (See attached) Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option o 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. 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. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 14 Township: 50 South Range: 26 East Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: See Attached Sheet o Size of property: 2575 ft. X 640 f~. = Total Sq. Ft. __ Address/general location of subject property: Northeast comer of Rattlesnake Hammock Road/CR 951 Acres 37.8 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 4 )F I~0V 2 g 2000 Adjacent zoning and !and use: Zoning N Agriculture S Agriculture E PUD W Agriculture Land use Vacant Rattlesnake Hammock Road, Vacant Florida Sports Park, Swamp Buggy Grounds CR 951, Vacant Does the owmer 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). Not Applicable. Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: '7. Rezone Request: This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant A Proposed Use (or range of uses) of the property: Commercial Retail, Office, and light industrial/warehouse uses. 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 County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. In~ PAGE 5 OF 1( backup materials and documentation in support of the request. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 NOV 2 8 2000 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 6~ 2000 Item V. II. IlL NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planner Unit Development No. PUD-99-25 Hammock Park Commerce Centre PUD John & Dora McMullen Vanasse & Daylor, IJ~P Turrell & Associates, Inc. LOCATION: The subject property is an undeveloped 18.15 acre parcel located in the north east comer of the intersection of County Road 951 and Rattlesnake Hammock Road/Sports Park Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: The site is bordered on the south by Sports Park Road, to the west by the County Road 951 canal, to the east by a power line easement and an undeveloped parcel, and to the north by an undeveloped parcel. ZONING DESCRIPTION N - Agricultural Undeveloped S - Road Easement Sports Park Road Agricultural Undeveloped E - Agricultural Undeveloped R.O.W. PUD (Naples Forest Country Club PUD) Collier Blvd. (County Road 951) Partially Developed -,---~ NOV 2 S 2000 EAC Meeting ..........................................................................................09/18/00 Page 2 of 10 IV. Ve PROJECT DESCRIPTION: The applicant seeks a rezone of the property in question to Planned Unit Development (PUD) to allow for a maximum of 200,000 square feet of retail and office uses. Permitted uses in this PUD will be similar to uses permitted in the C-4 and C-5 zoning districts. A minimum of 30 percent of the project's gross area (5.4 acres) shall be devoted to open space. This property consists of 18.1 acres. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Fringe Subdistrict and Urban Commercial District, Mixed-Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Mixed-Use Activity Centers are intended to be mixed-use in character, and permit a full array of commercial uses, including commercial retail and office use, subject to all relevant criteria in the Future Land Use Element. Conservation & 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 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 issues, the following Objectives and Policies apply: AGE.~A ITEI~ NOV 2 8 2000 EAC Me~ting ..........................................................................................09/18/00 Page 3 of 10 Objective 6.2 states, "There 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". 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 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity". This petition is consistent with staff's 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 keeping (re-planting) 15% of the native vegetation on site. Vl. MAJOR ISSUES: Water Management: The site will employ interconnected dry retention areas to achieve water quality retention and peak flow attention prior to discharge into the Henderson Creek Canal. Because of the wetlands onsite, the project must apply to the South Florida Water Management District for permits. ~~ -- NOV282000 EAC Meeting ..........................................................................................09/18/00 Page 4 of 10 The site is 3 miles north of the Marco Island Raw Water Supply Pits. At the point that Henderson Creek passes near the pits it appears to have been blasted into the rock layer and may be hydraulically connected to the pits, which also appear to have been blasted in. Environmental: Site Description: The subject property is undeveloped wooded parcel vegetated with pine flatwoods, cypress-pine-cabbage palm, cypress, Melaleuca, willow pond, wet prairie and scrub/palmetto. Much of the eastern half of the site is heavily infested with Melaleuca. Soil types found on site consist of Pineda Fine Sand, Limestone Substratum (Unit #14), Boca Fine Sand (Unit #21) and Hallandale and Boca Fine Sand - Slough (Unit #49). Soil Map Units 14 and 49 are listed as hydric by the Natural Resources Conservation Service. Most of the site contains hydric soils. According to the survey provided in the Environmental Impact Statement (EIS), natural ground elevations on site range from 7.9 feet NGVD to 13.1 feet NGVD. Elevations of the wet season's high water levels were obtained by locating high watermarks on a cypress tree. The watermark elevation was surveyed at 9.83 feet NGVD. NOV 2 8 2000 EAC Meeting ..........................................................................................09/18/00 Page 5 of 10 FLUCFCS Code 4240/6240 80% Melaleuca/cypress-pine NOV 2 § 2000 EAC Meeting ..........................................................................................09/18/00 Page 6 of 10 FLUCFCS Code 3211 palmetto/30% Melaleuca Wetlands: Jurisdictional wetlands total 13.74 acres out of 18.15 project acres, all of which will be impacted directly by construction. In order to offset adverse environmental impacts resulting from development activities in wetlands, approximately 21.0 acres of wetlands will be purchased off-site in a state acquisition area such as CREW or the Panther Island Mitigation Bank. The off-site preserve will be placed under a conservation easement, to be recorded and filed with both state and federal regulatory agencies. Enhancement activities within the mitigation area will occur and include exotic/nuisance species treatment and/or removal and supplemental plantings with native species if needed. Details of the mitigation plan are included as exhibit #10 in the Environmental Impact Statement (EIS). Preservation Requirements: The subject property contains about 11.81 acres of viable native habitat. In order to satisfy the 15% native vegetation preservation requirement in section 3.9.5.5.4 of the Land Development Code, 1.77 acres of native vegetation will have to be preserved and/or replanted on site. The current site plan proposes to pl~ ,t ,,~,i,,~. __ ~ &~A ITEM vegetation within the retention area and buffers along the north sic m~,:.~._~ NOV 2 8 2000 EAC Meeting ..........................................................................................09/18/00 Page 7 of 10 property and within the open space areas in the central portion of the project. All three strata will be recreated with at least 14 foot high trees, 5 gallon size shrubs and 1 gallon plants for ground cover. Listed Species: A threatened and endangered species survey occurred during the month of July 1999. At the time of the survey, 20 acres of undeveloped land directly east of the current site were included in the survey. A map showing the total area surveyed, including transects, is included in exhibit #8 of the EIS. Dense stands of young Melaleuca presented a physical obstacle on many occasions and transects were altered as appropriate. During the survey there was evidence of squirrel foraging in the pine flatwoods located on the west side of the property, but no nests or animals were sighted. A little blue heron 0Egretta caerulea) was observed in the Willow/Flag Pond on the east side of the property. No other listed species were found on site. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-99-25 "Hammock Park Commerce Centre PUD" with the following stipulations: Water Management: Add section 4.4.F "A South Florida Water Management District Environmental Resource Permit (E.R.P.) or surface Water Management Permit must be obtained prior to Site Development Plan Approval." Environmental: Amend section 2.10 of the PUD document as follows by adding the underlined language. Pursuant to Article 3, Division 3.9, Section 3.9.5.5.4 of the Collier County Land Development Code, 15% (1.77 acres) of the viable naturally functioning native vegetation on site shall be retained. Amend section 2.13(A)(3) of the PUD document as follows by adding the underlined language and deleting the ..... v ,~, ..... ~ ~ ........ A vegetation removal permit is not required for the removal of vegetation prior to building permit issuance if the conditions se 9rotected , NOV 2 EAC Meeting ....................................................................................... Page 8 of 10 ...09/18/00 't~v4SiO,a.--3~ Section 3.2.8.3.6 of the Land Development Code have been met. Delete section 4.9(B) from the PUD document. Amend section 4.9(E) of the PUD document as follows by deleting the An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emFha:~.s "" *~' ......... ';~; ......... : ....... shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. Amend section 4.9(H) of the PUD document as follows by deleting the At the time of the next development order submittal the 15% required native vegetation shall be identif"~ed, ;~ ...... ;of: .... ;a~.~e _.,:.,. ~..~.:,., ~v;.,. NOV Z .~ 2000 EAC Meeting ..........................................................................................09118100 Page 9 of 10 PREPARED BY: S'~AI~CHRZX'NowsI~, P.E. SENIOR ENGINEER DATE STEPHEN !.ENBERGER ENVIRONMENTAL SPECIALIST H DA~E REVIEWED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE NOV ,? 8 2000 EAC Meeting ..........................................................................................09/18/00 Page 10 of 10 ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT ADMINISTRATOR SL/gdh/c: S taftReport DATE & ENVIRONMENTAL SERVICES NOV 7. 8 2000 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0614S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "HAMMOCK PARK OF COMMERCE", LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.15+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Mitchel A. Hutchcraft of Vanasse & Daylor, LLP, representing John B. McMullen, 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 14, Township 50 South, Range 26 East, Collier County, Florida, is changed fi'om "A" Agricultural to "PUD" Planned Unit Development in accordance with the Hammock Park of Commerce PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 0614S, 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 Department of State. -1- AGE.~A ITF. J~ NOV 2 8 2000 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: DWIGHT E. BROCK, Clerk BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency Marjorie M. Student ' Assistant Co, mty Attorney g/admin/ORDINANCF~PUD-99-25/CB/im -2- NOV 2 8 2000 PLANNED UNIT DEVELOPMENT DOCUMENT FOR Hammock Park Commerce Centre PUD A PLANNED COMMERCIAL DEVELOPMENT Prepared by: Vanasse & Daylot, LLP 12730 New Brittany Blvd., Suite 600 Fort Myers, FL 33907 Exhibit A Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number: Hammock Park Corr .~GE~A I'~ 'ner ce~,r~ N0~8°~000 TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV Property Ownership & Description Project Development Community Commercial District General Development Commitments PAGE 1 2 4 9 14 EXHIBIT "A" PUD Master Plan LIST OF EXHIBITS Hammock Park Cot ~erce Centre PUD NOV 2 8 2000 11/Ol/OO STATEMENT OF COMPLIANCE The development of approximately 18.15 +/- acres of property in Section 14, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as Hammock Park Commerce Centre 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 retail commercial and office facilities of the Hammock Park Commerce Centre PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub- district of the Urban - Commercial District in the Future Land Use Element (FLUE). This category described in the Future Land Use Element permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. o The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center ¢¢7, which encourages shared access points along CR 951, and is further described in Policy 4.4 of the Future Land Use Element. Where possible, Hammock Park Commerce Centre will incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project will be served by a complete range of services and utilities as approved by the County. AGEI~A 1'17 No residential uses are being requested for this PUD. ~o.~ Hammock Park Cor merce Centre PUD P~ ._~/ SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 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 name of Hammock Park Commerce Centre PUD. LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: O.R. 1573, Page 355 The North one-half (N1/2) of the South one-half (S1/2) of the Southwest one-quarter (SW1/4) of the Southwest one-quarter (SW1/4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (S1/2) of the Southeast one-quarter (SE1/4) of the Southwest one- quarter (SW1/4); Section 14, Township 50 South, Range 26 East, Collier County, Florida. O.R. 1708, Page 1667 The South 1/2 of the South1/2 of the Southwest 1/4 of Section 14, Township 50 south, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 18.15 acres, more or less. Subject to easements, reservations or restrictions of record. (LEGAL DESCRIPTION IS BASED UPON THE BEARINGS AND DISTANCES FROM A BOUNDARY SURVEY BY BBLS SURVEYORS & MAPPERS, INC.) PROPERTY OWNERSHIP The subject property is currently owned by John B and Dora A. McMullen. Hammock Park Cor merce Centre PUD e ~1 1.4 GENERAL DESCRIPTION OF PROPERTY AREA 1.5 1.6 The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The Subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map. B. The property is currently vacant. The entire site has A Zoning. PROJECT DESCRIPTION The Hammock Park Commerce Centre PUD will include a mixture of !and uses for retail commercial and office land uses. The Hammock Park Commerce Centre PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is iljustrated graphically on Exhibit "A" PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. SHORT TITLE This Ordinance shall be known and cited as the "Hammock Park Commerce Centre Planned Unit Development Ordinance." Hammock Park Cot AGENDA ITE merce Centre PUD e 1 SECTION II PROJECT DEVELOPMENT 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 Regulations for development of the Hammock Park Commerce Centre PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. 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 date of adoption of this PUD. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Commerce Centre PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. 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 the Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. ao Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by Document. Hammock Park C m me ~/~,C~~.'~ Page 4 of 18 NOV 2.4 2.5 2.6 2.7 2.8 In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within or along the property, as may be necessary. LAND USE Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. ao 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. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s) that will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. Hammock Park Con merce Centr//e~~~' N~,~000 2.9 OPEN SPACE REQUIREMENTS 2.10 2.11 2.12 2.13 A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 18.15 +/- acres requiring a minimum of 5.4 acres to be retained as open space throughout the Hammock Park Commerce Centre PUD. This requirement shall apply to the entire development area, including the individual development parcels. The requirement does not apply to individual development parcels as long as it can be shown that the required open space is found throughout the development area. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.4 of the Collier County Land Development Code, 15% of the viable naturally functioning native vegetation on site shall be retained. SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from Hammock Park Commerce Centre shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. EXCAVATION AND VEGETATION REMOVAL Improvement of property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Land Development Code. Removal of exotic veget~,t~u~ ~/~,~ Hammock Park Cot ,merce CL~~ Paae 6of 18 N070it/ / 00 exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. A site clearing, grading, filling and revegetation plan, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9 of the Land Development Code. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: Provision of a site filling and grading plan for review and approval by the County; bo Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: A site clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 15% of the natural functioning vegetation shall be retained unless otherwise permitted. The applicant shall submit a detailed description of the fill and site work activities including a plan indicating fill placement locations and depths, grading plan and water management improvements. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. Hammock Park Corn AGEI~A IT nerce Centre PUD N~ 72o8~000 O9/20/00 2.14 The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. o A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. ARCHITECTURE AND SITE DESIGN All buildings, signage, lighting, landscaping and visible architecture infrastructure shall have a similar architectural theme and be 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 walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code Architectural and Site Design Standards and Guidelines in effect at the time building permits are issued. Hammock Park C ~nmerce Centre PUD SECTION III COMMUNITY COMMERCIAL DISTRICT 3.1 3.2 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park Commerce Centre PUD designated on Exhibit "A", PUD Master Plan as "Commercial". GENERAL DESCRIPTION There is one area designated as "Commercial" on the Master Plan. This "Commercial" area is intended to accommodate different ranges of retail and office uses, essential services, and customary accessory uses. B. The approximate acreage of the "Commercial" parcel is as follows: Parcel: Acreage: Use: Property 18.1_+ Retail and Office Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. Go Within the Hammock Park Commerce Centre PUD, up to a maximum of two hundred thousand (200,000) square feet of retail and office uses are allowed. Land uses for the development may be permitted as generally outlined below. Hammock Park Commerce Centre PUD Development Program Froposed Commercial Office Totals Development 1,0005F Acres 1,0005F IAcres 1,0005F IAcres Property ZOO 18.1 U-SU' J 0.0 ZUU 11~.1 *Up to fifty thousand square feet of office space may be converted from the total two hundred thousand square feet of retail space as allowed by the following conversion table. Hammock Park Comn 3.3 Land Use Conversion Table Current Proposed Conversion Example: Land Use Land Use Rate Office Retail 0.398 1,000 sf of Office 398 sf of Retail Office Restaurant 0.165 1,000 sf of Office 165 sf of Restaurant Retail Office 2.51 1,000 sf of Retail 2,510 sf of Office PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures 1. Amusement and Recreation Services, Indoor only (Groups 7911-7941,7991, 7993, 7997, 7999) 2. Apparel and Accessory Stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 3. Automotive Repair, Services and Parking (Groups 7514, 7542) 4. Building Construction - general contractors (groups 1521 -1542). 5. Building Materials, Hardware, Garden Supply (Groups 5231, 5251, 5261) 6. Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) 7. Communications (Groups 4832, 4833) 8. Construction - special trade contractors (Groups 1711-1793, 1796, 1799) 9. Depository Institutions (Groups 6011-6099) 10. Eating and Drinking Places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 11. Engineering, Accounting and Management (Groups 8711-8721, 8741, 8742, 12. 8748) Food Stores (Groups 5411,5421, 5441, 5451,5461, 5499) Hammock Park C¢ nmer A~j~I~ Page 10 of 18 NOV 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Funeral Service and Crematories (Group 7261) Gasoline service stations (5541 subject to Section 2.6.28 of the Land Development Code) General Merchandise Stores (Groups 5311,5331, 5399) Hardware Stores (5251) Health Services (Groups 8011-8059) Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736) Hospitals (Group 8062) Hotels and Motels (Group 7011) Insurance Agents, Brokers and Service (Group 6411 ) Membership Organizations (Groups 8641,8661) Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of Current Planning Manager who shall be guided by the objective of allowing uses that are compatible with existing development.) Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) Motion Pictures (Groups 7832-7833) Museum, Art Galleries (Group 8412) Non-Depository Credit Institutions (Groups 6141, 6159, 6162, 6163) Offices (All Groups) Personal Services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241,7251, 7291) Restaurants (All Groups) Real Estate (Groups 6531,6541, 6552) Social Services (Group 835i) Hammock Park Comr ~erce Centre PUD 3.4 3.5 33. United States Postal Service (Group 4311) 34. Veterinarian's Office (Group 0742, except no outside kenneling) 35. Any other use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. DEVELOPMENT STANDARDS FOR PARCELS 1, 2 AND 3 A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. Minimum floor area of principal structure: seven hundred (700) square feet per building on the ground floor. Landscaping and Off-Street Parking shall be in accordance with the Collier County Land Development Code, as amended. G. Maximum height: Fifty (50) feet. No General application for Setbacks: Front yard setbacks shall comply with the following: If the parcel is served by a public or private right-of-way, t measured from the adjacent right-of-way line. Hammock Park Cc AC..-~_NDA ITE.M nmerce Centre PUD 09/2O/OO o 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. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for Site Development Plan approval. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use, and screened from view from adjacent public roadways. Outside storage may be approved by the Current Planning Manager as part of the approval of an SDP. The FP&L easement may be used for ancillary uses such as parking, storage, service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. Hammock Park Comrr rce Centre PUD p @W 2000 09/20/00 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 4,2 4.4 PURPOSE The purpose of this Section is to set forth the standards for development of the project. GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 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 Master 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 of the developer is bound by the commitments within this agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan iljustrates 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. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. WATER MANAGEMENT Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the suhmiff¢.cl nlnn.~ is granted by Engineering Review Services. / Hammoak Park Oc~mer~_ Page 14 of 18 NOV Go In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. Do Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. 4.5 The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line. TRANSPORTATION 4.6 The developer shall provide a fair share contribution toward the capital cost of a traffic signal, including interconnection where appropriate, at any future major access that serves the project if warranted by the County. The signal will be owned, operated and maintained by Collier County. The developer shall provide any required arterial level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. The Project entry from CR 951 will be along the project's western boundary and designed to encourage shared access within the development, as depicted on the Access Management Plan for this Activity Center. UTILITIES 4.7 Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 97-17, as amended, and other applicable County rules and regulations. ENGINEERING Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. The subdivision of property into three (3) or more parcels, shall conform with applicable state laws pertaining to platting. Hammock Park Co ~merce Centre PUD 4.8 4.9 BUFFERS The Hammock Park Commerce Centre PUD shall provide perimeter buffering consistent with the following table: Direction:Adjacent Use Buffer Type: North: Vacant Agriculturally zoned land "A" South: Rattlesnake Hammock/Sports Park Rd."D" East: Vacant Agriculturally Zoned Land "A" West: CR 951 and canal "D" ENVIRONMENTAL ko Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and is subject to review and approval by Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Buffers shall be provided around retained wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and shall be subject to review and approval by Current Planning Section Staff. The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the 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 those protected species shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. 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 Plan/Construction Plan approval. The project shall comply with the environmental sections of the LDC and the Growth Management Plan in effect at the time of final development order approval. An Environmental Impact anticipated environmental document. Statement (ELS) addressing existing conditions and impact(s) has been submitted as part of this PUD ~m r ,it000 Landscape design plans will be submitted during the review process to Collier County Project Review Services. A minimum of 1.78 acres of native vegetation will be re-planted on site, per the Collier County land development requirements, Preservation is not feasible due to the extreme density of Melaleuca. The plantings will be installed along the northern and western perimeters, as well as various areas in the central portion of the project. All three strata will be re-created, with at least 14' to 16' trees used in the canopy (7'-8' crown spread), 5-gallon shrubs used in the midstory and 1-gallon plants used for groundcover. Hammock Park C Page 17 of 18 09/20/00 EXHIBIT A HAMMOCK PARK COMMERCE CENTRE PUD CONCEPTUAL SITE PLAN Hammock Park Cc lmerce Centre PUD NOv !l ~o~' ? ~. ~ooo EXECUTIVE SUMMARY PETITION PUT)-2000-09 BRAD HEDRICH. P.E. OF HEDRICH ENGINEERING INC.. REPRESENTING MERIDIAN LAND CO. REQUESTING A REZONING FOR PROPERTY CURRENTLY ZONED "A" RLF}LAL AGRICULTL~AL, "RSF-Y' RESIDENTIAL SINGLE FAMILY ANT) "ST" OVERLAY TO "PUD" PLANNED L%'IT DEVELOPMENT TO BE I~NO\~,..:'N AS MADEIRA PLT) FOR A MAXIMU~i OF 436 RESIDENTIAL DWELLING UNITS FOR PROPERTh' LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, APPROXIMATELY -'i;, MILES NORTH OF IMMOKALEE ROAD (C.R. 846), IN' SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, }LANGE 25 EAST, COLLIER COL.%'TY, FLORIDA, CONSISTING OF 145.93 +/- ACRES. OBJECTIVE: The Board of County Commissioners consider the petitioner's request to have land described herein rezoned from its current zoning designation of "A" Rural Agricultural, "RSF-3" Residential Single Family and "ST" Special Treatment Overlay to "PLT)" Planned Unit Development for the purposes of developing a residential development on 145.93 ~,- acres, providing for development tracts consisting of detached single family and attached single family development areas, a community recreation area. preserx, e and lake areas and street right-of way. CONSIDERATIONS: 1. Amended Request: This project was originally scheduled for hearing in front of the BCC on September 12, 2000 however. due to an advertising error it ,,,,'as continued to October 10, 2000. The petitioner subsequently requested an indefinite continuance on October 10~h, then made a request to staff to be heard on November 28. 2000. It is important to note that the petitioner revised the PLT) zoning request on August 18, 2000, after the hearing in front of the Collier Count,,,' Platming Commission, which ,,,,'as held on July 20, 2000. The petitioner amended the Master Plan to indicate the designation of a future vehicular and pedestrian interconnect along the northern property boundam. Additional]y, the petitioner revised the PUD Master Plan to remove a portion of land (approximatel? 20~000 square feet) which directly abuts the northern terminus of Euctid Avenue. Therefore, that portion of the project is no longer under consideration for rezoning as part of this request. The subject site no longer directly abuts Euclid Avenue. Subsequently, by way of this Executive SummaD'. staffs recommendation to the BCC for the petitioner to directly interconnect with the abutting subdivision to the south (Willoughby Acres) has been amended. Staff consulted with the Count,',' Attorney's office after the revision, and ',,,,as advised that the changes will not necessitate a re-hearing in front of the Collier County Planning Commission. It is staffs understanding that at the hearing held before the Platming Commission, the issue of interconnection with Euclid Avenue was discussed. It was subsequently dismissed by the Planning Commission without specific reference to a recommendation for interconnection with Euclid Avenue for vehicular traffic other than for emergency access. 1 NOV 2 B 2000 ITE.~ 2 8 2OO0 2. Petitioner's Current Request: The project is located north of the Willoughby ,Acres and Turnbury subdivisions. east of the Candlewood and Imperial Golf Estates subdivisions, south of the future Royal Palm Academy. and x~ est of tile future Livingston Road extension. across from the Carlton Lakes PUD. The site directly abuts a 275-foot wide FPL easement, which directly abuts the future Livingston Road extension to the east. The site does not directly abut any other public roads. The petitioner proposes to develop the property for a maximum of 436 single family, zero lot line and two-family attached dwelling units at a density of three dwelling units per acre. The petitioner proposes a gated community with private roads, and a central recreation center that will provide for active recreational facilities for the residents. Access to the Madeira PUD is proposed from the future Livingston Road, just north oflmmokalee Road. 3. Existing Zoning Conditions on Site: The site is comprised of 145.37 +;- acres. Approximately 100 acres of the southern portion of the site presently have a zoning designation of"RSF-3". Residential single family. The remaining 45.37 acres (northern area of the project) are zoned "A" Rural Agricultural. The RSF-3 zoning district allows the development of single family dwelling units at a density of 3 dwelling units per acre. The "A" zoning district allows 1 single family dxvelling unit per five acres. Under the current zoning scenario, RSF-3 zoned areas may be developed with approximately 300 dwelling units on 100 acres, and the "A" zoned areas permit 9 single family dwelling units, for a total combined 309 dwelling units. If the property is developed at the density proposed, there will be a maximum net increase of approximately 127 dwelling units. over and above that which is already permitted by right. FISCAL IMPACT: This PUT) by and ofitselfxvill have no fiscal impact on the County. However. if this request meets its objective. a portion of tile existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on Count.',' public facilities. The County collects impact fees prior to the issuance ofbuildin~ pernfits 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 ser'cice for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service. the Count,,' must provide supplemental funds from other revenue sources m order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180,52 per unit $0.15 per square feet of building $827 per unit $890 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit 2 NOV 2 8 2000 For an average unit size of 1,000 square feet, the total fiscal impact will be $2,639.02 per unit. Since this project proposes 436 units, the total amount of residential impact fees collected at build-out will total $1,150.612.70. 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 ofad valorem 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 valorem tax rates. GROWTH MANAGEMENT IMPACT: The petition will have no impact on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). As analvzed below, the subject propert), is located in the Urban Mixed-Use Residential Land Use classification as designreed area on the County's Future Land Use Map (FLUM). The requested PUT) zoning designation to allow single family, zero lot line and attached single family development at a density of 3 dwelling units per acre. is consistent with the FLUE. Residential land uses are authorized uses of land in the urban designated area of the FLUM. 1. Project Relationship to Elements of the GMP: A. FLUE The subject site is located within the Urban Residential Mixed Use future land use classification as designated on the FLUE of the County's GMP. The RSF-3. PUD and Rural Agricultural zoning districts are permitted zoning classifications within this Future Land Use designation. The Rural Agricultural zoning classification, within the Urban area, is generally considered a "holding" zone, until urban densities are requested through rezoning actions. The project is consistent with the following applicable land use policies contained in the FLUE: Policy 5.3 - discourages unacceptable levels of urban sprawl in order to minimize cost of community facilities by confining urban intensity development to areas designated as Urban on the FLUM. Analysis: The project is located within the Urban boundary as designated on the FLUM. The requested density of 3 dwelling units per acre is within the allowable density as permitted by the Density rating system of the FLUE, for projects located within the Urban designated areas of the FLUM. Policy 5.4 - new developments shall be compatible with, and complementary to, the surrounding land uses. 3 ITEM NOV 2 8 2000 Analysis: The project's densit,,'. housing types. open space. proposed development patterns and buffer areas are compatible with and complementar)' to surrounding land uses. See compatibility analysis below. Policy 5.5 - Encourages the use of existing land zoned for urban intensity uses before permitting development of other areas. This shall occur by planning for the expansion of County owned and operated public facilities and sen'ices to existing zoned land before sen'icing other areas. Analysis: Two thirds of the project (100 acres) is currently zoned to allow residential development. The remaining 45.37 acres is zoned Rural Agricultural. The Rural Agricultural zoning classification is generally considered a "holding" zone within the Urban land use classification, until urban densities are requested through rezoning actions. The project is surrounded by subdivisions to the south and east that have been zoned and platted for residential land use from the late 1960's. A rezoning action to PUD will not necessitate unreasonable extension of County facilities. Sen'ices exist within the immediate area. and are available to serx'e the subject site, since abutting properties are already sen'ed. Policy 5.6 - Permits the use of cjuster housing, Planned Unit Development techniques and other innovative approaches in order to consera'e open space and environmentally sensiti``'e areas. Analysis: Consistent with Policy 5.6, the petitioner is requesting a rezoning to PbT) in order to establish a development plan in order to minimize impacts to environmentally sensitive areas of the project. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the middle of the project from the northeast to the southwest. The importance of the slough is of significance in both environmental and surface drainage areas. The design of the project attempts to preserve the existing natural sheet flow of the slough. B. DensiPs' Rating System: The FLUE allows a base densit,,, of 4 dwelling units per acre in the Urban Mixed Use Residential Land Use classification, for which densit,,,' may be added or subtracted based on the location and characteristics of a development. The FLUE allows the subject petition to qualify for a base density of 4 dwelling units per acre, with no allowable densit,,,' bonuses or required density subtractions. The petitioner is requesting a project density of 3 dwelling units per acre, which is one dwelling unit less than what the petition qualifies for under the FLUT's density rating system. Therefore, the requested density of 3 dwelling units per acre is consistent with the density rating system contained in the FLUE. C. CompatibiliPs' analysis: The proposed development of the site is compatible with abutting properties to the south and west, which have an RSF-3 zoning designation and are developed vdth single family residential dwelling units. The project abuts the future Livingston Road to the east, then Carlton Lakes PUD, which is primarily a residential development approved at a density of 3.35 dwelling units per acre. Similar projects to the north were approved at densities that range from I du/acre to 3 du/acre. The PUD document indicates there will be a significant buffer area along a portion of the southern boundary of the site and along road right-of-ways which abut existing developments. The proposed development standards for the project are similar to the residential district zoning standards, which most closely characterizes the uses authorized by this district. Building heights for all structures on site are limited to 4 NOV 2 8 2000 35 feet, which is comparable to the existing development on properties abutting the site to the south and west. 2. Transportation Element: The project was analyzed for consistency with the following applicable elements of the Transportation Element of the GMP: Policies 1.3, 1.4, 5.1, 5.2, and 9.3. As analyzed below, the petition xvas found consistent with all of the applicable policies with the exception of Policy 9.3. Because the developer of the subject site proposes private roads in a gated community, the full intent of Policy 9.3 of the Transportation Element will not be able to be achieved. A. Traffic/Trips Analysis (Policies 1.3, 1.4, 5.1, 5.2): Approximately 100 acres of the proposed project is already zoned to permit single family residential development at a density of 3 units per acre. The petitioner is requesting a rezoning to 3 dwelling units per acre for single family use over a total of 145.37 acres. Therefore, any traffic generated by develop:~ent on the 100 acres of the site which is already zoned, is typically not considered as an increase in impact to the County's road network since the property is already eligible for development. It is only necessary to analyze the additional traffic that will be generated as a result of the rezoning of the 45.37-acre of the site, which is currently zoned Rural Agricultural. The ITE Trip Generation Manual (5th Edition) indicates that the total traffic for the 45.37 acre site will generate 1,318 Average Weekdav Trips, with approximately 138 trips in the PM peak hour. The subject site's generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road after trip adjustments and assignments are made. In addition, once this road segment is constructed, the project trips will not lower the level of service below this road's adopted LOS "D" standard. Furthermore, the site generated trips will not exceed the significance test standard of any segment of Immokalee Road. Therefore, the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. The Transportation Element lists CR-846 as a 4-lane arterial road from CR-31 to 1-75 with LOS "D" as the minimum standard. The current traffic count for this road is 30, 879 PSDT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2005. The current traffic count for CR-846 from US-41 to CR-31 is 31,463 and is operating at LOS "D". This segment is projected to be deficient in 2000 however, 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. For the Board's information, the ITE Trip Generation Manual indicates that the total traffic for the 145.37 +/- acre site is approximately 4,192 Average Weekday Trips. B. Interconnection anah'sis (Policy 9.3): Policy 9.3 of the Transportation Element states that 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. Although the subject site does not directly abut existing public roads to the south, the Board of County Commissioners should consider requiring an interconnection between the subject site and neighboring properly to the south and north. It is consistent with Policy 9.3 of the Transportation Element and is consistent with the Board's recent policy direction to require interconnection between projects. Both the intent of the Policy directive and the GMP policy is to limit impacts and reduce traffic on the County's arterial roadway network. An 5 NOV 2 B 200P, intercormection to the south and north. and subsequent development of a public road through the subject site, will facilitate traffic movement on local roads betv,'een the subject site, the Willoughby Acres subdivision and properties to the north. but will not necessarily promote through traffic. This will result in a secondary road system, which primarily sen'es residents of the subject site and the existing Willoughby Acres and surrounding subdivisions (o`,'er 1,250 dwelling units). It ',,,'ill reduce traffic impacts to segments of Livingston Road and Immokalee Road, provided the project is developed with public roads through the subject property which continue north of the site to Livingston Road. Requiring public roads through the subject site, and interconnection of the site to abutting propen.,,' to the north and south will achieve the intent of Policy 9.3 of the Transportation Element and will be consistent with the Board's recent Policy direction concerning interconnection. The petitioner is proposing one main point of access to the site from Livingston Road, and a second access point along the northern boundary of the site, with internal private roads. Under this scenario, it is staffs opinion that the project, as proposed, is inconsistent with Policy 9.3 of the Transportation Element, due to lack of interconnection. See analysis of conditions below: Existing conditions to the west relative to interconnection: The PLT) Master Plan shows an interconnection between the subject site and property to the north. The development to the west (Imperial Golf Course Estates) does not directly abut the northern boundary of the site; there is undeveloped, inter,'ening property between the subject site and Imperial (See Map #1 ). There is an existing platted, road stub-out from Imperial, which abuts the intervening propen>'. There is evidence of access easements along the northeastern boundary of Imperial, across the eastern and western portions of the intervening site, and across the northern portion of the subject site. An interconnection from the subject site to the property to the north to solely create a secondary access point from the subject site to an east-west road, in stafCs opinion. will not further the intent of interconnection as described in the Transportation Element, unless access through Imperial is provided ~o the subject site (Imperial is an existing. gated community). If access is not provided through Imperial, an interconnection to the north will merely provide a second means of ingress and egress to Livingston Road, for residents of the subject site. It is important to note, however. an east-west road from Imperial, across the intervening site and the subject site will provide a direct route east to residents of Imperial. giving them direct access to Livingston Road~ and providing a second access point to that development. To this end, the Board should consider, through this rezoning action and subsequent rezoning actions on the intervening property, establishing a secondars.' access for the Imperial Golf Course Development. b. Existing conditions to the south relative to interconnection: The PUD Master Plan indicates that the project indirectly abuts the northern terminus of Euclid Avenue on the western portion of the project, and indirectly abuts the northern terminus of Lakeland Avenue on the eastern portion of the project (see Map # 2). Lakeland and Euclid Avenues are existing, local public roads which serve primarily to carry traffic from the Willoughby Acres subdivision and surrounding areas, south to Immokalee Road. Because the petitioner removed from rezoning consideration a 20,000 square foot piece of property at the northern terminus of Euclid Avenue, direct interconnection of the subject site to either one of these roads is not possible at this time, however, that should not preclude the Board from considering public access through the subject site to either of these public streets. An 6 NOV 2 B 2000 .~Z~ 'ON RIA D - 1 iMPERIAL GOCF ESTATES MAP # 1 POSSIBLE FUTURE F~W TO Lr~NG~TON ROAD 1 12 7 13 18 \ P~C~ $~D LOCATION interconnection to and through the interwening propen.,,' to the south to either road, will further thc intent of Policy 9.3 of the Transportation Element. Interconnection to the south to join Lakeland Avenue may be difficult to achieve. Separating the subject site and Lakeland Avenue is a partially developed, unrecorded subdivision commonly known as Armadillo Estates. Access to this subdivision is provided via access easements from Lakeland Avenue. The ownership, existence and recording status of these access easements is questionable. Because the property is already zoned and partially developed, it is unlikely that further zoning actions will occur on the propen.','. thereby allowing the County to exact the necessa~, right-of-way to connect the subject site to Lakeland Avenue. ,An interconnection to Lakeland Avenue would require the County to consider eminent domain proceedings in order to connect the project with Lakeland Avenue. Although interconnection to the south towards Euclid Avenue is a more logical point of interconnection, the site does not directly abut Euclid Avenue. There is a 20,000 square foot piece of intervening property separating the northern terminus of Euclid Avenue and the subject site. It is not likely that site will ever be developed. That piece of property is owned by the petitioner and was shown as part of the PUT) Master Plan at the petitioner's original submittal as part of the preser~-e area. There is an existing private dr/veway which takes access from the northern terminus of Euclid Avenue across the subject site. Existing conditions to the north relative to interconnection: The petitioner is proposing to interconnect to the property to the north. Providing an interconnection to the property to the north, and requiring public roads through the site, will encourage the development of a local road network from the northern portion of Livingston Roa& south, to h'm-nokalee Road, reducing traffic on segments of Livingston Road. The Board may want to consider amending the 2020 Transportation Plan to create a public north<south local or collector route, through the site to the north, to the northern portion of the future east/west leg of Livingston Road. If the Board were to approve an amendment to the Plan, the developer could be eligible for impact fee credits to help offset the cost of constructing a public road through the site. An interconnection of the subject site at its northern boundary linked to a public road through the future Royal Palm Academy site (to the north) will serve to further the intent of Policy 9.3 of the Transportation Element. The limiting factor again is that the project, as proposed by the petitioner, is a gated community with private roads; a secondary road system with interconnection bem.'een projects will be difficult to achieve without a public road through the subject site. Local Roadway conditions Willoughby Acres and area subdivisions: Historicall.-,,, development in the Willoughby Acres and area subdivision has occurred by extending both Euclid and Lakeland Avenues northward from Immokalee Road as development in the area has occurred. The southern 100 acres of the subject site, which is currently, zoned RSF-3, is north of the current northern terminus of both of these roads. Further extension of Euclid and Lakeland Avenues was obviously contemplated, but likely did not occur due to environmental concerns which probably made development of the site at one time, an unprofitable project. Both Euclid and Lakeland Avenues, although they are considered local streets, are designed and function in a manner similar to a Collector roadway. Both streets act as "spine" type of roads through the Willoughby Acres and abutting subdivisions. Both Lakeland and Euclid Avenues run in a nortit/south direction. There are approximately nine local streets that intersect Euclid and Lakeland Avenues in an east/west direction. Approximately three 7 driveways leading to single family residential structures take their access directly offof Euclid Avenue, and approximately three drivev,'ays take direct access off of Lakeland Avenue. The majority of the existing dwelling units' drivev,'ays access one of the nine side streets that intersect Euclid or Lakeland Avenues. Unlike similar subdivision layouts such as Naples Park where driveway access is taken directly off of local streets which function as collectors, this type ofroadv,'ay design facilitates the smooth flow of traffic and lessens safety concerns due to increased traffic as a result of interconnection with the subject site. In this type of design, local activity commonly associated with single family residential neighborhoods tends to occur on side streets where traffic speeds tend to be slower and traffic volumes tend to be lower. This is not to say that residential activity does not occur on Euclid or Lakeland Avenues, however, the Count>, does have traffic calming programs and other mechanisms which could be implemented should traffic counts on Euclid and Lakeland Avenues warrant their implementation. At public request. the Transportation staff has analyzed traffic counts on Euclid Avenue three times for possible implementation of traffic calming devices. Counts have indicated those devices are not necessary at this time (see following page). The Board could also consider extending one of the side streets abutting the Livingston Road extension to create a secondary access point for residents of the Willoughby Acres subdivision. 3. Coastal and Conservation Management Element: Objective 6.2 of the Coastal and Conservation Management Element states that there shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands. The Count>' does not presently maintain a wetland permitting function. The BCC has historically chosen to allow permitting for wetland destruction and degradation through Federal and State permitting agencies, consistent with their requirements. Consistent with Policy 6.3.4. of the Coastal and Conservation Element (CCE), the County relies on State Statutes to delineate wetlands throughout the County. Policy 6.2.9. states that wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Florida Department of Environmental Projection. Additionally, Policy 6.4.2. of the CCE allows for flexibility in the form of area tradeoffs or mitigation allowed in the determination of areas within developments to be preserx, ed. Consistent with those policies, the petitioner plans to impact approximately 62 percent ofjur-isdictional wetlands and has chosen to preserve those wetlands, which have the highest potential for restoration, including the majority of the central slough. Mitigation proposed includes exotic vegetation removal, hydroperiod enhancement within the slough and off-site mitigation. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is 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 is required. The petitioner applied for a wavier from the survey and assessment requirement as permitted by the Land Development Code but the waiver was denied by the Historic and Archaeological Review Board. The petitioner has subsequently provided the assessment. The results of the assessment indicate no sensitive areas exist within the proposed project. 8 AGENDA r~_ NOV 2 B 2000 FiLE No. ?62 0~/27 '00 1~:58 ID:CC TRaNSPORTaTION FaX:??J 5375 0 ENVIRON:MENTAL IMPACTS: The following areas of environmental concern were addressed during the reviev,' phase of this project and are summarized beloxv. Wetlands/Listed Species and Preservation Requirements: A portion of the site contains a slough that runs in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and the Department of Environmental Protection and the Corps of Engineers closely monitor construction along the slough. Approximately 50.99 acres, or 62 percent of the total 81.77 acres of jurisdictional wetlands will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration, and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner includes exotic vegetation removal and hydroperiod enhancement within the slough. Off-site mitigation is also proposed. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. This number of credits was calculated by use of the Wetland Rapid Assessment Procedure as developed by the South Florida Water Management District (SFWMD)..An agreement with owners of the Mitigation Bank is being negotiated. Where eradication of exotics results in large areas having a density of native trees and shrubs of less than one per 225 square feet. replanting will be done. \Vithin these areas, native trees and shrubs in three-gallon containers will be planted so that the densit,,' of vegetation present in these areas averages one plant per 225 square feet. In areas targeted as herbaceous marsh types, grasses and other loxv- growing native plants will be installed on one-meter centers, where no groundcover exists after clearing. If the groundcover appears to be sufficient for natural propagation, no herbaceous plantings will be installed. In accordance with the Land Development Code Regulations, 31.70 acres of native vegetation preservation has been determined to be required within the PUT). Fourteen gopher tortoise burrows were found in a survey conducted at 50 percent to 70 percent visual coverage. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Uplands targeted for presep,'ation on the project site may be used for the relocation of gopher tortoises. Stormwater Management: The water management system for this project consists of a series of retention:detention areas and lakes. some interconnected, that provide water quality retention and peak flow attenuation during rainfall events. Site and off-site discharge is to the slough. which runs through the project. Before construction can begin, the project will be required to be permitted through the South Florida Water Management District and .,M'my Corps of Engineers. Staff has also imposed additional stipulations which require that prior to the issuance of construction permits, the petitioner shall submit detailed field topographic studies which shall conclude that there will be no significant adverse impacts on surrounding properties caused by the installation of the proposed control structure with overflow weir and filling within the historic lov,' lying wetland slough. 9 PLANNING SERVICES STAFF RECOMMENDATION TO THE PLANNING COMMISSION: At the Planning Commission hearing held on July 20, 2000, staff for, varded the following stipulations to their recommendation for approval' Staff recommends that Collier County Planning Commission recommend approval of Petition PUD- 2000-09 Madeira PUD to the Board of County Commissioners, subject to the following stipulations: Amend the following sections of the PUT) document to read as follov¥'s: Remove C. under Section 6.5 under the heading 3.2.8.3.17.. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. 2. The PUD Master Plan shall be amended to show an interconnection to the abutting propert).' to the south at Euclid Avenue or Lakeland Avenue. The PUD Master Plan shall be clarified to indicate that access to the site from Livingston Road, as proposed shall be limited to right in. right-out, unless othel~'ise approved by Transportation Sea'ices Director. 4. ,Add Section D. under 6.5: All construction traffic for development of the project shall access the site from Livingston Road. 5. The PUD Master Plan shall be amended to show a future vehicular and pedestrian interconnection to the abutting property to the north. 6. The petitioner shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. The developer shall obtain a letter from the Collier County Director of Stormwater Management stating that the drainage system conforms to local drainage or basin studies being conducted by that department. This letter shall be obtained prior to applying for any Site Development Plan. 8. Necessary permits from the Department of Environmental Protection and the U.S. Army Corps of Engineers shall be obtained prior to starting construction. Section 6.10(A) of the PUD document shall be amended to read: In accordance with 3.9.5.5.3. of the Collier County Land Development Code, twenty five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of the 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. 10 NOV 2 B 2000 10..Add the following language to Table I m section 3.4 of the PUD document: The location of structures proposed adjacent to Preserve areas 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. Accessor3.' structures shall have a minimum 10-foot setback from wetland preserves. PLANNING SERVICES STAFF RECOMMENDATION TO THE BOARD OF COUNT~,' COMMISSIONERS: Pursuant to the petitioner's resubmittai of the PUD document and Master Plan on August 18, 2000. Planning staff forwards the following recommendations to the Board of CounD' Commissioners for their consideration: Remove C. under Section 6.5 under the heading 3.2.8.3.17.. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. 2. The petitioner shall be required to dedicate or obtain and dedicate a 60- foot wide access easement across the 20,000 square foot property abutting the subject site from the northern terminus of Euclid Avenue to the subject property in accordance with Section 2.2.20.3.7. of the Land Development Code at the time of Final Plat approval. The PUD Master Plan shall be amended to show a vehicular intercormection to this properry's northern boundao', creating vehicular access from Euclid Avenue to the subject site. The PUD document shall be amended to require the developer to construct public roads through the project. These roads shall be developed to current Count>' standards. These roads shall provide unrestricted public access from the northern terminus of Euclid Avenue, to and through the subject site, to the northern boundary of the site at the northern point of interconnection (the future Royal Palm Academy site). Dedication of these roads to the Count>' shall occur pursuant to Section 2.2.20.3.7. of the Land Development Code. but not later than the Final Platting stage of development. At buildout or at the request of the County, the developer shall conduct traffic monitoring studies along Euclid and Lakeland Avenues, the scope of which shall be determined by the Collier County Transportation Division Administrator. The Transportation Division Administrator shall review those studies to determine if traffic calming devices or other roadway improvements are required as a result traffic associated with the Madeira PUD. If improvements are deemed necessary, the developer shall be responsible for their proportionate share of the required improvements. o The PUD Master Plan shall be clarified to indicate that access to the site from Livingston Road, as proposed shall be moved to the south to line up with the access to the Carlton Lakes PUD. 11 NOV 2 . 6. Add Section D. Under 6.5: All construction traffic for development of the project shall access the site from Livingston Road. 7. The petitioner shall obtain a surface water management perrail from the South Florida Water Management District prior to any site development plan approval. The developer shall obtain a letter from the Collier County Director of Stormv,'ater Management stating that the drainage system conforms to local drainage or basin studies being conducted by that department. This letter shah be obtained prior to applying for an,,' Site Development Plan. 9. Necessary' permits from the Department of Environmental Protection and the U.S. Army Corps of Engineers shall be obtained prior to starting construction. I0. Section 6.10(A) of the PUD document shall be amended to read: In accordance v,;ith 3.9.5.5.3. of the Collier County Land Development Code, twenty five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of the 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. 11. Add the following language to Table I in section 3.4 of the PLTD document: The location of structures proposed adjacent to Preserve areas 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. AccessoD' structures shall have a minimum l O-foot setback from wetland preserves. 12. The developer will provide for a reservation of 30 foot wide strip of land along the length of the northern terminus of the project. Any required landscape buffer for the development shall be located outside the limits of said 30-foot reservation. If dedication is requested by the Count.,,'. the dedication shall occur pursuant to Section 2.2.20.3.7. of the Land Development Code. 13. Remove Items 1 and 2 of the Neighborhood Parks section (6.14) and add the following: Within the project, the developer shall dedicate a minimum of one (1) acre of upland property to Collier County for the development of a neighborhood park which is accessible by the general public. The dedication shall occur pursuant to Section 2.2.20.3.7 of the Land Development Code, but in any case shall occur no later than prior to the issuance of the first Certificate of Occupancy for the project. 14. The PUD Master Plan shall be amended to indicate the size of the neighborhood park site and the plan shall indicate that the park is accessible by the public through the use of sidewalks which shall be constructed by the developer. 12 NOV 2 2000 15. 16. 17. 18. Amend Table 1. Side Yard for Zero LoT Line Dxvelling Units shall read "0 and 12" not "(, and 10." Amend the table on Page 12 to read as t~11oxvs: total units- 436 Revise all PUD Exhibits A-E so they are legible. Add the following to Section 6.6 of the PUq) document: (c) Access to the site from Livingston Road shall be consistent v,'ith the County's Access Management Plan for the LMngston Road corridor. EAC RECOMMENDATION: At a meeting held on July 12, 2000, a motion ,,','as made for denial of the petition. The motion failed due to a lack of 5 affirmative votes: the vote was 4-1 to deny the petition, therefore, no official recommendation can be forwarded to the Board of County Commissioners. The EAC member who made the motion to den',' the petition did so because he felt that the project does not attempt to avoid sufficient wetlands areas. Concerns were also voiced over the extent of the South Florida Water Management District's preliminary comments on the petitioner's application for permits. PLANNING COMMISSION RECOMMENDATION: At a hearing held on Juls.' 20. 2000, the Collier County Planning Comn'fission voted 5-1 to forward the petition to the Board of County Commissioners with a recommendation for approval with all of the aforementioned staff stipulations with the following changes to staff stipulation #2: The interconnection between projects shall be required where the subject project abuts undeveloped projects. There shall be an interconnection to Euclid Avenue that shall function as a secondau'. emergency access only. And the following additional stipulation: The developer shall provide an appropriate vegetative landscape buffer between the subject site and developed properties abutting the subject site at the time of development of roads or lots which abut dwelling units on adjacent projects. This petition is not on the summa~ agenda due to the EAC taking no action on the petition, as well as the presence of members of the public objecting to the petition. 13 PREPARED BY: SUSAN MUT, JLA'Y, AICP CHIEF PLANHER m'IE'WED BY: /~ ,?,,..~ ~";,'~'.,,..--., RoN~AL~D b%.. :k~O,"'~AICP, MANAGER CURRENT PLANLNING SECTION' DATE 1!.15-oo DATE ROBERT J. MULHERE. AICP. DIRECTOR PLAN :'NING SERVICES APPROVED BY: DATE JOHN M. D~,,%qTJCg, II1 INTERIM ADMINISTRATOR D--Af-E- COMMUW~qI'5 DE\;ELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUT)-2000-09 Madeira PUD This petition has been tentatively scheduled for the November 28, 2000 Board of County Commissioners Public Hearing. 14 AGENDA NOV 2 ~o 2000 MEMOl~NDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING CONEMISSION COMMUNITY DE\'TLOPMENT & ENXqRON~fENTAL SERVICES DIVISION JUNE 26, 2000 amended August 18, 2000 PETITION NO: PUD-2000-0O MADEIRA PUD OWNER/AGENT: Agent: Owner: Mr. Brad Hedrich, P.E. Hedrich Engineering 10911 Bonita Beach Road Bonita Springs, FL 34135 Meridian Land Corporation 10001 Tamiami Trail North Naples, FL 34108 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Agricultural, "RSF-3" Residential Single Family and "ST" Special Treatment Overlay to "PUD" Planned Unit Development for the purposes of developing a residential development on 145.93 +/- acres, providing for development tracts consisting of detached single family and attached single family development areas, a community recreation area, preserve and lake areas and street right-of way. GEOGRAPHIC LOCATION: The subject site is located within Sections 13 and 24, Township 48 South, Range 25 East, approximately 1.25 miles north oflmmokalee Road, and 1 mile east ofl-75, on the north side of Immokalee Road. 1 PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for a maximum of 438 single family, zero lot line and two-family attached dwelling units at a density of 3 dwelling units per acre. The petitioner proposes a gated community with private roads, and a central recreation center that will provide for active recreational facilities for the residents. The most notable feature of the development is the presence and preser~,ation of a wetland slough that moves through the project. The importance of the slough is of significance in both environmental and surface drainage areas. The design of the project attempts to minimize crossings of the slough while preserving the natural sheet flow of the slough. Access to Madeira PUD is proposed from the future Livingston Road, just north of lmmokalee Road. SURROUNDING LAND USE AND ZONING: Existing: A portion of the subject property is heavily vegetated. There is a wetland slough, which runs through the property from the northeast to southwest. Approximately 100 acres of the site is presently zoned Residential Single Family (RSF-3) which allows for single family residential development at a density of 3 dwelling units per acre. The remainder of the site, approximately 50 acres of the northern portion, presently has a Rural Agricultural (A) zoning, and a ST overlay. Surrounding: North - Rural Agricultural (A); future Royal Palm Academy South - RSF-3; Residential Single family, 3 dwelling units per acre East - PUD & A; 1VIF & SF Residential and vacant; 3.35 dwelling units per acre West - RSF-3 and PLq); Single Family Residential; 3 dwelling units per acre 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. The Urban Residential Mixed-Use district is intended to accommodate the majority of the County's population growth and allow for new, and intensive land uses. Allowable land uses include a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a residential PUD, for single family, zero lot line and attached single family development, which are authorized uses of land in the urban residentially designated area of the Future Land Use Element (FLUE). Specifically, this petition can be considered consistent with the following Policies of the Future Land Use Element: Policy 5.1, which requires all rezonings to be consistent with the Growth Management Plan. Policy 5.3, which discourages unacceptable levels of urban sprawl by confining urban intensity development to areas designated as Urban on the Future Land Use Map. Policy 5.4, which requires new developments to be compatible with ,NOV 28 2000 and ¢omplementaD' to surrounding land uses. Policy 5.5 which encourages the use of existing land zoned for urban intensity before permitting development of other areas and Policy 5.6 which encourages the use of cjuster housing and Planned Unit Development techniques to conserx, e open space and environmentally sensitive areas, therefore, it is consistent with the FLUE. Consistency with the density rating system of the FLUE of the Growth Management Plan (GMP) is as follows: Land Use Residential Density: The FLUE allows a base density of 4 dwelling units per acre in the Urban Mixed Use Residential Land Use classification for which density may be added or subtracted based on the location and characteristics of a development. The subject petition qualifies for a base density of 4 dwelling units per acre with no allowable density bonuses or required density subtractions. The petitioner is requesting a project density of 3 dwelling units per acre, which is one dwelling unit less than what the petition qualifies for under the FLLrE's density rating system. Therefore, the requested density of 3 dwelling units per acre is consistent with the density rating system contained in the FLUE. Transportation Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS). The ITE Trip Generation Manual (5th Edition) indicates that the proposed project will generated 4,192 Average Weekday Trips, with 442 trips in the PM peak hour. The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on LMngston Road after trip adjustments and assignments are made. However, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. Furthermore, the site-generated trips will not exceed the significance test standard for any segment of Immokalee Road, therefore the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. The Transportation Element lists CR-846 as a 4-lane arterial road from CR-31 to 1-75 with LOS "D" as the minimum standard. The current traffic count for this road is 30,879 PSDT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2005. The current traffic count for CR-846 from US-41 to CR-31 is 31,463 and is operating at LOS "D". This segment is projected to be deficient in 2000. However, 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 TCE. Policy 9.3 of the Transportation Element of the Growth Management Plan encourages the interconnection of local streets between developments to facilitate the convenient movement of traffic throughout the local road network and reduce traffic impacts on segments of the County's Arterial and Collector Roadway system. Interconnection of this site with the neighboring property to the north and south is feasible. From a traffic circulation standpoint, interconnection to the south will provide an alternative access to Immokalee Road through the Willoughby Acres subdivision without having to directly access Livingston Road. As well, interconnection could 3 NOV 2 provide abutting property owner's direct access to Livingston Road without having to travel on Immokalee Road. The opportunity to interconnect to the project to the west should be considered. It should be noted that an interconnection to the west (to Imperial Golf Course) would provide an opportunity for residents of both the subject property and the development to the west to establish a secondary access point. The Imperial Golf Course development currently has a single point of ingress and egress onto U.S. 41. Interconnecting with the subject site would allow residents from this project a direct route to the east, reducing traffic volumes at the U.S. 41/Imperial Golf Course Boulevard intersection. It will also provide residents of this development a direct connection in an easterly direction to Livingston Road, Immokalee Road and 1-75, therefore reducing traffic impacts on the County's Arterial and Collector roadway system. Direct access to U.S 41 by connecting to the north and west may be difficult to achieve, however, since the property to the west (Imperial Golf Estates) is a developed, gated community with private roads. Additionally, the northern boundary of the subject site abuts intervening property between the developed portions to the west (Imperial Golf Estates) and the subject site. There is an existing platted, road stub-out from Imperial, which abuts the intervening property. There is some evidence of existing access easements across the northeastern boundary of Imperial, across the western portion of the intervening site, and across the northern portion of the subject site. An interconnection from the subject site to the property to the north to create a secondary access point from the site to an east-xvest road, in staWs opinion, will not further the intent of interconnection as described in the Transportation Element unless access through Imperial is provided to the subject site. If access is not provided west, an interconnection to the north will merely provide a second means of ingress and egress to Livingston Road for residents of the subject site. It is important to note, however, an east-west road from Imperial, across the intervening site and the subject site will further the intent of interconnection between projects by providing a direct route west to residents of Imperial, allowing them direct access to Livingston Road. Environmental issues- A portion of the site contains a slough that runs in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and the Department of Environmental Protection and the Corps of Engineers closely monitors construction along the slough. Approximately 50.99 acres, or 62 percent of the total 81.77 acres of jurisdictional wetland will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off-site mitigation is also proposed. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. In accordance with the Land Development Code Regulations, 31.70 acres of native vegetation preservation has been determined to be required within the PUD. Fourteen gopher tortoise burrows were found in a survey conducted at 50 percent to 70 percent visual coverage. This indicates that a maximum of 28 burrows may exist on site. The estimated 4 NOV 2 2000 tortoise population is ten individuals. Uplands targeted for preservation on the project site may be used for the relocation ofgopher tortoises. Other Applicable 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: StaWs analysis indicates that the petitioner's property is 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 is required. The petitioner applied for a wavier from the survey and assessment requirement as permitted by the Land Development Code but the waiver was denied by the Historic and Archaeological Review Board. The petitioner has agreed to provide an assessment and to abide by the recommendations and stipulations from the required survey prior to the issuance of the first development order for the project. 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 heard by the EAB and staff recommended approval subject to conditions, which have been incorporated into the attached ordinance. 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. 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 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 ] ,w_,,gudk r ~ , NOV 28 2000 5 L~ ....... 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: 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 site is located within the Urban Residential Mixed use subdistrict future land use classification as depicted on the Future Land Use Map of the County's Growth Management Plan. The site is presently undeveloped. The majority of the site (100 +/- acres) is currently zoned RSF-3. The RSF-3 zoning district allows the development of single family dwelling units at a density of 3 dwelling units per acre. Surrounding properties to the south and west are also zoned RSF-3 and are presently developed with Single family residential dwelling units. The northern portion of the site (50+/- acres) is zoned "A", Rural Agricultural. The Rural Agricultural zoning district within the Urban Residential Mixed Use land use classification of the Future Land Use Map is generally considered a "holding" zone, until urban densities are requested through rezoning actions. The Land Development Code provides that the maximum permissible density within the "A" zoning district within the Urban land use designation shall not exceed the density permissible under the Density Rating System of the FLUE. A portion of the site contains a slough that runs in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and construction along the slough is closely monitored by the Department of Environmental Protection and the Corps of Engineers. There are cleared areas of the site located along the north end and along the FPL easement on the east side of the property. The PUD Master Plan indicates the proposed development plan for the 145.93- acre site is for single family development with customary accessory uses such as common recreational facilities and open space. Residential development on the site is planned to occur within approximately nine (9) development tracts throughout the site surrounding a lake and a vegetated preserve area. The residential development areas are primarily located along the boundaries of the site, and internal to the site surrounding the lake. The planned resi onti~l ~r~c, tc NOV 2 8 2000 6 , ~'g'---~-' - abut property to the west and south, which are also developed with single family homes. Required perimeter landscaping will serve to buffer the residential land uses on abutting projects, however, the proposed development is not considered incompatible with abutting land uses. There are three parcels interior to the site, two of which are surrounded by the proposed development on three sides. These parcels are not part of this rezoning The Master Plan indicates access will be provided to three of those parcels as part of the development. There is a planned prese~'e area located adjacent to Livingston Road that runs northwest across the site to the southwest corner. This area encompasses the majority of the previously mentioned slough. The maximum building height is limited to 35 feet for all structures on site, which is comparable to the height of buildings on abutting projects. Access to the site is proposed from the future Livingston Road extension. On-site circulation functions primarily in an east to west direction, with scattered cul-de-sacs throughout the development. A portion of the internal right-of-way abuts the northwestern boundary of the site where there are existing single family homes on the abutting project. The PUD document indicates that additional landscape buffering in the way of a 2-3 foot high berm, double hedge row and canopy trees planted on 20 feet centers shall be installed for the purpose of visual screening and noise reduction of vehicles using roadways within the project. There is a 125-foot wide FPL easement, which abuts the eastern boundary of the property, parallel to the future Livingston Road extension. This provides a significant buffer between the subject site and the Livingston Road corridor. Additionally, with respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developments and residential developments within the area. Traffic: Staff has reviewed the applicant's Traffic Impact Statement (TIS). The ITE Trip Generation Manual (5t~ Edition) indicates that the proposed project will generated 4,192 Average Weekday Trips, with 442 trips in the PM peak hour. The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road after trip adjustments and assignments are made. Hewever, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. Furthermore, the site-generated trips will not exceed the significance test standard for any segment oflmmokalee Road, therefore the project is consistent with Policy 5.1 and 5.2 of the Transportation Element. The Transportation Element lists CR-846 as a 4-lane arterial road from CR-31 to 1-75 with LOS "D" as the minimum standard. The current traffic count for this road is 30, 879 PSDT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2005. The current traffic count for CR-846 from US-41 to CR-31 is 31,463 and is operating at LOS "D". This segment is projected to be deficient in 2000. However, 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. 7 NOV 2 2000 Policy 9.3 of the Transportation Element states that 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. Interconnection at this site with the neighboring property to the south and west is possible. From a traffic circulation standpoint interconnections to the south and west may' provide an alternative access to Immokalee Road and direct access west to U.S. 41. Direct access to U.S. 41 by connecting to the north and west may be difficult to achieve, however, since the property to the west (Imperial Golf Estates) is a developed, gated community with private roads. Additionally, the northern boundary of the subject site abuts intervening property between the developed portions to the west (Imperial Golf Estates) and the subject site. There is an existing platted, road stub-out from Imperial, which abuts the intervening properly. There is some evidence of existing access easements across the northeastern boundary of Imperial, across the western portion of the intervening site, and across the northern portion of the subject site. An interconnection from the subject site to the property to the north to create a secondary access point from the site to an east-west road, in staffs opinion, will not further the intent of interconnection as described in the Transportation Element unless access through Imperial is provided to the subject site. If access is not provided west, an interconnection to the north will merely provide a second means of ingress and egress to Livingston Road for residents of the subject site. It is important to note, however, an east-west road from Imperial, across the intervening site and the subject site will further the intent of interconnection between projects by providing a direct route west to residents of Imperial, allowing them direct access to Livingston Road. To this end, the Board should consider, through subsequent rezoning actions, the possibility of establishing a secondary access road for the Imperial community. Additionally, it is staffs recommendation that the Board consider the possibility of creating a north/south local or collector route, through the abutting site to the north, to the future east/west corridor of Livingston Road. This could be accomplished through an amendment to the Transportation Element of the GMP and/or subsequent rezoning actions, when they occur, on the abutting property to the north. An interconnection of the subject site to this type of road will serve to further the intent of Policy 9.3 of the Transportation Element. The PUD Master Plan indicates that the project abuts the northern terminus of Euclid Avenue on the western portion of the project, and indirectly abuts (through intervening property) the northern terminus of Lakeland Avenue on the eastern portion of the project. Lakeland and Euclid Avenues are existing, local public roads which serve primarily to carry traffic from the Willoughby Acres subdivision and surrounding areas, south to Immokalee Road. Interconnection of the subject site to either one of these roads is possible and will further then intent of Policy 9.3 of the Transportation Element. Interconnection to Lakeland Avenue may be difficult to achieve. The subject site does not abut Lakeland Avenue directly. Separating the subject site and Lakeland Avenue is a developed, unrecorded subdivision commonly known as Armadillo Estates. Access to this subdivision is provided via access easements from Lakeland Avenue. The ownership, existence and recording status of these access easements is questionable. Because the property is already zoned and developed, it is unlikely that further zoning actions will occur on the property, allowing the County to exact the necessary right-of-way to connect the subject site to Lakeland Avenue. Euclid Avenue is a more logical point of interconnection between the subject site and A~A ITEJ~ 8 NOV 2 $ 2000 the Willoughby Acres subdMsion to the south. Both Euclid and Lakeland Avenues, although they are considered local streets, are designed and function in a manner similar to a Collector roadway. Both streets act as "spine" type of roads through the Willoughby Acres and abutting subdivisions. Both Lakeland and Euclid Avenues run in a north/south direction. There are approximately nine local streets which intersect Euclid and Lakeland Avenues in an east/west direction. Approximately three driveways leading the single-family residential structures take their access directly offof Euclid and Lakeland Avenues. The majority of the existing dwelling units' driveways access one of the nine side streets, which intersect Euclid or Lakeland Avenues This type of roadway design lessens safety concerns due to increased traffic as a result of interconnection with the subject site. The County also has traffic calming programs which could be implemented should traffic counts on Euclid and Lakeland Avenues warrant their implementation. It is important to note that because the developer of the subject site proposes private roads in a gated community, the full intent of Policy 9.3 will not be achievable by requiring interconnection of the proposed development with the property to the south or the west without free flow of traffic between projects. Environmental Issues- Approximately 50.99 acres, or 62 percent of the total 81.77 acres of jurisdictional wetlands will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough Off site mitigation is also proposed. Where eradication of exotics results in large areas having a density of native trees and s': -ubs of less than one per 225 square feet, replanting will be done. Within these areas, native trees and shrubs in three-gallon containers will be planted so that the density of vegetation present in these areas averages one plant per 225 square feet. In areas targeted as herbaceous marsh types, grasses and other low-growing native plants will be installed on one-meter centers, where no groundcover exists after clearing. If the groundcover appears to be sufficient for natural propagation, no herbaceous plantings will be installed. Hydroperiod within the conservation area (Palm River Slough) will be enhanced by design of the water management system. An existing road in the lower slough will be removed and the area vegetated. A control weir will be constructed at the west end of the preserved slough to regulate the discharge of storm water to enhance the local hydroperiod. Improvements will also be made to allow storm water to flow through the electrical power line easement on the east side of the project. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. This number of credits was calculated by use of the Wetland Rapid Assessment Procedure as developed by the South Florida 9 NOV 2 B 2000 Water Management District (SFWMD). An agreement with owners of the Mitigation Bank is being negotiated. Fourteen gopher tortoise burrows were found in a survey conducted at 50 percent to 70 percent visual coverage in potential tortoise habitat. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Approximate locations of the observed gopher tortoise burrows are shown on Figure I in the Listed Species Report. Uplands targeted for preservation on the project site may be used for the relocation of gopher tortoises. These uplands include 1.17 acres of slash pine with saw palmetto understory, 0.86 acres of oak and saw palmetto, and 0.54 acres of cabbage palm with saw palmetto. Enhancements such as removal of Brazilian pepper and thinning of canopy trees will most likely be required in these areas if they are used for tortoise relocation. Off site relocation may be required. No eastern indigo snakes were observed, but this Threatened species is assumed present due to suitable habitat. The eastern indigo snake is a commensal of the gopher tortoise and may become a management issue during wetland permitting review. Other Applicable Elements- 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 issuance of the first development order. 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 and shall be consistent with the County's Access Management Plan and other applicable regulations. The GMP consistency review indicates that approval of this petition is consistent with policies of the TCE. Utility Infrastructure: A full range of services and utilities provided by Collier County will serve the project site. All development must comply with surface water management requirements invoked at the time of site development plan approval. Community Infrastructure and Services: The project site is located 1.25 miles west of the Activity Center located at Immokalee Road and 1-75. The subject property has convenient access to a wide range of community infrastructure, which is enhanced by its proximity to the aforementioned activity center. Shopping centers, business offices and medical offices are all or in the future will be within a short driving distance. 10 AGENDA ITEM NOV 2 8 2000 Summary: Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property' from Agricultural and RSF-3 to PU-D, and the PUD development strategy for single family residential development and related facilities is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future Land Use classification. 3. The proposed development strategy to construct low density, single family and duplex type of dwelling units are compatible with abutting developments. 4. All other pertinent elements of the GMP were reviewed and the methods for achieving consistency are made a part of the PLrD regulations or otherwise achieved by the PUD Master Plan. 5. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility with adjacent land uses at a density of 3 dwelling units per acre. Commercial development within the nearby Activity Center will provide convenient commercial opportunities to the residents of this development. STAFF RECOMMENDATION: Staff recommends that Collier County Planning Cornmiss:, ,n recommend approval of Petition PUD-2000-09, Madeira PUD with the following stipulations: Amend the following sections of the PUD document to read as follows: Remove C. under Section 6.5 under the heading 3.2.8.3.17.. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. The PUD Master Plan shall be amended to show an interconnection to the abutting property to the south at Euclid Avenue or Lakeland Avenue. The PUD Master Plan shall be clarified to indicate that access to the site as proposed shall be limited to right-in, fight-out, unless otherwise approved by the Transportation Services Director. 11 4. 6.5 Add Section D,: All construction traffic for development of the project shall access the site from Livingston Road. 5. The PUD Master Plan shall be amended to show a future interconnection to the abutting property to the north. 12 AGENDA ITEM NOV 2 B 2000 PREPARED BY: SUSAN MURRAY, AICP CHIEF PLANNER DATE REVIEWED BY: RONALD F. NINO, AICP CURRENT PLAN%'ING MANAGER DATE ROBERT J. MLrLHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNqTY DEV. & ENVIRON,AIENTAL SVCS. DIV. DATE Petition Number: PUD-2000-09 Staff Report for July 20, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the August 1, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON 13 NOV 2 8 2000 REZONE FINDINGS FOR PETITION PUD 2000-09 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. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the goals, objectives and policies of the Future Land Use Element of the Growth Management Plan for Collier County, and all other elements, their objectives and policies. 2. The existing !and use pattern; Pro/Con: Evaluation not applicable. Summary Findings: Existing: A portion of the subject property is heavily vegetated. The site presently has a Rural Agricultural (A) zoning, a Residential Single Famil> (RSF-3) zoning, and an ST overlay. Surrounding: North - Rural Agricultural (A); future Royal Palm Academy South - RSF-3; Residential Single family and vacant East - RSF-3 & A; MF & SF Residential and vacant West - PUD and A; MF & SF Residential The current Agricultural "A" zoning designation allows for development of single family residential dwelling units at a density of one (1) dwelling unit per five (5) acres. Surrounding the subject site to the south and east exists single family and multiple family residential development generally developed at densities of 3 dwelling units per acre. 14 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The site is adjacent to residential development to the south, east and west. The proximity to adjacent developments justifies a rezoning action to PUD for residential purposes. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn They allow for the prese~'ation of existing environmentally sensitive land on site. 5. Whether changed or changing conditions make the passage ofthe proposed amendment necessary. Pro/Con: Evaluation not applicable Summary Findings: The proposed change is appropriatelF, based on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Collier Count.,,' Growth Management Plan. 6. Whether the proposed change w'ill adversely influence living conditions in the neighborhood; Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the south, east and west. Con: None. Summary Findings: The proposed zoning amendment will not adversely affect living conditions in the neighborhood due to the similar nature of the surrounding development. 15 NOV 2_B 2000 7. Whether the proposed change will create or excessively increase traffic congestion or create D'pes 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 othersvise affect public safety. Pro: (i) The proposed development of the subject property is consistent with the majority of the provisions of the Transportation Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the level of service standards on adjacent public roads. Con: The Transportation Element encourages interconnection between projects. The PUD Master Plan layout provides a single point of ingress and egress offof the future Livingston Road extension. The subject site abuts residentially zoned properties to the west and south. There is a platted right-of-way (Euclid Avenue) abutting the site to the south, which provides the opportunity for an interconnection and a secondary access, point. This will provide residents of the subject development a secondary means of ingress and egress to Immokalee Road, and will reduce traffic impacts to Livingston Road. The petitioner should also consider the possibility of interconnection to the abutting property to the west (Imperial Golf Course). This could provide a secondary means of access to those residents of that development as well as provide access to U.S. 41 to the west. Summap,' Findings: The Transportation Element of the County's Growth Management Plan encourages interconnection between projects. The proposed layout of the site suggests the feasibility of providing interconnection between the subject site and projects abutting to the west and south. This will provide residents of the subject development a secondary means of ingress and egress to Immokalee Road, and will reduce traffic impacts to Livingston Road. Staff has crat'ted stipulations, which encourage the interconnection between projects. 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. Consistency with Policy 9.3 can be achieved by requiring interconnection between the subject site and projects to the south In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change ~'ill create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Regulations within the PUD document provide for additional field surveys and flow-way evaluation studies which shall conclude that there will be no significant adverse impacts on surrounding properties caused by the installation of proposed control structures and filling within the historic low lying wetland slough. Additionally, permitting requirements by the South Florida Water Management District and Army Corps of Engineers will be monitored and enforced throughout subsequent development of the project. Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. This site is particularly vulnerable because of an existing flow way through the site, which accommodates water flow from the north to the west, across the site. .Summary Findings: Ever), 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. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. The County's Stormwater Management Director reviewed the proposed project, and his recommendations have been incorporated into the PUD document. 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 Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and other 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 propert), values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent vacant or underutilized land. Con: None. Summary Findings: 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 many factors including zoning, however zoning by itself may or 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 may or 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. Summary Findines: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. i NOv 2B 2000 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 Findines: Since consistency with the Future Land Use Element as part of the County's Growth Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and 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 Findings: The subject property is not undevelopable under its current zoning designation. Surrounding properties south and west of the site are already developed with land uses, which are similarly intensive. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Future Land Use Element of the County's Growth Management Plan, a policy statement which has evaluated the 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. Summary Findines: This is a special purpose petition, which involves establishing a density not otherwise available in an existing Agricultural zoning district. Additionally, the majority of the site is already zoned to permit the type of development desired by the petitioner. Rezoning the petition to PUD furthers the intent of Policies 5.5 and 5.6 of the FLUE. 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. 18 NOV 2 2000 Pro/Con: Evaluation not applicable. Summar,,' Findings: The extent of site alteration will be determined as a function of obtaining Site Development Plan approval that will be necessary to execute the PUD's development strategy. 17. The impact of development on the availability ofadequate public facilities and services consistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Application not applicable. Summary Findings: Sanitary sewers and municipal water utilities are available to serve the development. Review by jurisdictional staff for consistency evaluation with GMP required levels of service advise that there is no deficiency FINDINGS FOR PUD PUD-2000-09 19 NOV 2 8 2000 Section 2.7.3.2.5. of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUrl) Master Plan's compliance with the following criteria: 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) The subject site is located adjacent to existing residential development to the east, west and south. (ii) The subsequent development of the site will provide a logical extension of residential development consistent with surrounding development. Con: (i) The neighboring development to the south (Willoughby Acres) has limited access north. Euclid Avenue and Lakeland Avenue, although local roads, currently function as collector road~vays within the development, carrying traffic from approximately 600 single-family dwelling units in the area one way, south, to lmmokalee Road. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property with the exception of the proposed means of ingress and egress. Providing an interconnection with Euclid Avenue and Lakeland Avenues w, ith public access through the subject to Livingston Road will provide residents of the subject site a secondary means of access for emergency access. It will also provide direct access south to Immokalee Road for residents of the subject site and direct access north to Livingston Road for the existing residents of Willoughby Acres, thereby reducing the number of trips on Immokalee Road and Livingston Road. Otherwise 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. e Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those 20 NOV 2 B 2000 proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance ofsuch areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. Finding: The subject petition has been found consistent with the goals, objectives and policies of the FLUE ofthe Growth Management Plan The subject property is designated Mixed Use Urban Residential on the FLUE to the GNLP. The petition as proposed by the applicant, is inconsistent with policies found in the Transportation Element which encourage interconnection between projects. e 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: Evaluation not applicable. Finding: 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. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Findine: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 21 NOV 2 8 2000 The timing or sequence of development for the purpose of assuring the adequacy of available in~provements and facilities, both public and private. Pro/Con:. Evaluation not applicable. Finding: 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. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Finding: 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. 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. Finding: 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 used for similar residential structures. 22 NOV 2 8 2000 ENWIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETENG OF JULY 5, 2000, her me NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-00-09 Madeira PUD Meridian Land Co. Hednch Engineering, Inc. Abney Environmental LOCATION: The subject property is an undeveloped 145.93 acre parcel located in Section 13 & 24, Township 48 South, Range 25 East, Collier County, Florida. It is bounded on the south by Willoughby Acres, on the west by Palm River Estates and Imperial Golf Estates and on the east by a new section of Livingston Road. DESCRIPTION OF SURROL~DING PROPERTIES: Surrounding properties include a mixture of developed and undeveloped parcels. Those to the north and east are undeveloped with the northern extension of Livingston Road presently under construction. Properties to the south and east are mostly developed. ZONING DESCRIPTION N - A Undeveloped A-ST Undeveloped S - RSF-3 Mostly Developed RSF-3 Undeveloped A Undeveloped A-ST Undeveloped RSF-3 Mostly Developed NOV 2 8 2000 Native habitats on the subject property include pine flatwoods, hvdric pine flatwoods, cypress, cypress-pine-cabbage palm, wetland forest mixed, live oak, cabbage palm, inland pond and sloughs, and freshwater marsh. The most noticeable feature on site is the wetland slough ("Palm River Slough"), which consists of a number of different FLUCFCS tS~x~s and runs diagonally across the center of the property from north-east to south-west. Also on site are areas which have been cleared in the past. These cleared areas are located at the north end of the site and along the power-line easement on the east side of the property, and are visible on the aerial photograph located in the Listed Species Report. Four soil types have been identified on the subject property as mapped by the Natural Resources Conservation Service (NRCS). These include Hallandale fine sand (unit 11), Pineda fine sand, limestone substratum (Unit 14), Riviera fine sand, limestone substratum (Unit 18) and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional (Unit 25). Three of these soil types, Unit 14, 18 & 25, are listed as hydric by the NRCS. Seasonal high water (SHW) levels have been set at nine locations in wetlands and range from a high of 13.19 feet NGVD to a low of 11.42 feet NGVD. Each SHW elevation was marked with a nail set in a cypress tree that had lichen and/or moss that typically are used as indicators. At least two trees were used at each location. Locations numbered 1 through 8 were set in the main slough, with number 1 at the eastern end and number 8 at the western end. See table C-1 on page 24 of the EIS for the results of this study. From the data presented in the table, SHW levels in the slough are about one to two inches above ground elevation. Wetlands: Approximately 50.99 acres, or 62% of the total 81.77 acres of jurisdictional wetlands will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off site mitigation is also proposed. Where eradication of exotics results in large areas having a density of native trees and shrubs of less than one per 225 square feet, replanting will be done. Within these areas, native trees and shrubs in three-gallon containers will be planted so that the density of vegetation present in these areas averages one plant per 225 square feet. In areas targeted as herbaceous marsh types, grasses and other low- growing native plants will be installed on one-meter centers, where no groundcover exists after clearing. If the groundcover appears to be sufficient for natural propagation, no herbaceous plantings will be installed. NOV 2 8 20( IV. PROJECT DESCRIPTION: Vim The Madeira PUD is a residential communi~, that provides 1ow-densits,' development of single family and two-family attached dwelling units. The project will be a gated access communi~' ~sth internal recreational facilities provided for the use and enjo~yq-nent of the residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the project. Crossings of the slough are minimized by the proposed plan of development while preserving the natural sheet flow of the slough. The community will consist of up to 438 dwelling units upon completion. GRO~'TI] MANAGEMENT PLAN CONSISTENCY: The Madeira Planned Unit Development (PUD) consists of +/- 145.93 acres of land located 3/~, mile North of Immokalee Road, immediately west of and adjacent to Livingston Road. The site is located within the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map. Residential land uses are consistent with the Urban Mixed Use District as identified in the Future Land Use Element of the County's Growth Management Plan. The Urban Residential District allows for a base residential density of 4 units per gross acre. The proposed project density of 3 units per gross acre is in compliance wsth the Future Land Use Element of the Growth Management Plan. MAJOR ISSUES: Water Management: The Water Management System for this project consists of a series of retentiorv'detention areas and lakes, some interconnected, that provide water quality retention and peak flow attenuation during rainfall events. There is a slough that runs through the site in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and Construction along the slough is closely watched by the Department of Environmental Protection and the Corps of Engineers. The slough continues southwest through Palm River to the Cocohatchee and is readily visible on aerial photographs. Site and offsite discharge is to the slough. Environmental: Site Description: NOV 2 8 2000 Hydroperiod within the conservation area (Palm River Slough) will be enhanced by design of the water management system. An existing road in the lower slough will be removed and the area vegetated. A control weir will be constructed at the west end of the preserved slough to regulate the discharge of storm water to enhance the local hydroperiod. Improvements will also be made to allow storm water to flow through the electrical power line easement on the east side of the project. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. This number of credits was calculated by use of the Wetland Rapid Assessment Procedure as developed by the South Florida Water Management District (SFWMD). An agreement with owners of the Mitigation Bank is being negotiated. Preser~'ation Requirements: It has been determined from a site visit to the subject property and by reviewing aerial photographs of the area that 116.68 acres of viable native vegetation exist on the subject property. In addition to this, 10.11 acres have been identified as being cleared in the past without a permit from the County. Since a clearing permit was not obtained, this area was included in the native vegetation retention calculations for this project. Given the above, 31.70 acres of native vegetation have been determined to be reqmred within the PUD. To meet this requirement, the petitioner is proposing to preserve 30.78 acres of native vegetation in the central slough/preserve area as identified on the PUD master plan. The additional 0.92 acres of retained native vegetation will be identified at the time of next development order submittal, as stipulated in this staff report. Listed Species: A biological survey for listed species was conducted from January 5 through February 17, 2000 specifically for wildlife species. Additional observations were made during the periods when vegetation types were being mapped and wetland lines were being established. The amount of transect walked exceeded Florida Fish and Wildlife Conservation Commission (FGWCC) guidelines. Fourteen gopher tortoise burrows were found in a survey conducted at 50% to 70% visual coverage in potential tortoise habitat. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Approximate locations of the observed gopher tortoise burrows are shown on Figure 1 in the Listed Species Report. Uplands targeted for preservati, ,n on the project site may be used for the relocation of gopher tortoises. The ;e NOV 2 8 2001 VII. uplands include 1.17 acres of slash pine with saw palmetto understow, 0.86 acres of oak and saw' palmetto, and 0.54 acres of cabbage palm with saw palmetto. Enhancements such as removal of Brazilian pepper and thinning of canopy trees will most likely be required in these areas if they are used for tortoise relocation. Off site relocation may be required. No eastern indigo snakes were obserxed, but this Threatened species is assumed present due to suitable habitat. The eastern indigo snake is a commensal of the gopher tortoise and may become a management issue during wetland permitting review. While no Big Cypress fox squirrels were seen on the project site, leaf nests were observed in three locations, some of which may have been constructed by fox squirrels. The understory and ground cover found on site are generally denser than those preferred by fox squirrels, and more suited by gray squirrels. Plant species that are protected from unauthorized harvest and commercial exploitation by the Florida Department of Agriculture (FDA) under State lax,,, have been identified on site. The particular species seen on site are listed in Table 2 of the Listed Species Report. The protection afforded plants listed by the FDA entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from the FDA. There are no restrictions for landov, mers, unless the sale of plants is involved. No other evidence of endangered plant or wildlife species that would require special protection or formal permitting by state or federal agencies were observed on site. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-09 "Madeira PUD" with the following stipulations: Water Management: The project must obtain a surface water management permit from the SFWMD prior to any site development plan approval. The developer must obtain a letter from Collier County Director of Stormwater Management that the drainage system conforms 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. Necessary permits from other concerned agencies notably D.E.P. U.S.A.C.O.E. must be obtained prior to starting construction. NOV 2 8 2000 Environmental: Delete section 6.10(A) from the PUD document and replace it with the following language. In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of next development order submittal the petitioner shall identify, in its entirely, 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. Add the following language to Table I in section 3.4 of the PUD document. The location of structures proposed adjacent to Preserves, 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. PREPARED B Y: S'lZAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: /sus MURR CHIEF PLANNER THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE AGENDA ~, ~ NOV 2 8 2000 June 26,2000 Mr. Brad C. Hedrich, PE Healrich Engineering Inc. 10911 Bonita Beach Rd., Suite 1021 Bonita Springs, Florida 34135 Subject: Villages of Madeira Application No: 000601-4 Collier Count3', Sections 13 and 24, Township 48 S, Range 25 E Dear Mr. Hedrich: The staff has completed a preliminary review of the above referenced apphcation. The District's project analysts are R/cardo Valera and Amy Ohlberg. The information received was incomplete and did not adequately address the following items. Pursuant to Rule 40E-0.103, Florida Administrative Code, the District is requesting the following information needed to complete the application. Please clarify what part of the project is being applied for Construction and Operation and what is being considered for Conceptual review. Please clearly indicate this on the plans. Please provide additional information regarding existing conditions and topographic elevations w/thin the project site. Please identify and show the location of any potable water wells or surface source that may exist within the property or adjacent to it within 300 feet and show dimensions from potable source to nearest lake. The submitted plans show improvements within the FPL easement. Please provide a letter from FPL approving and authorizing such work. o Please revise the drawings to show information concerning the proposed stormwater management sewer system such as type of structures, pipe diameters and lengths, slopes, etc. 6. Please provide final construction plans for the access-internal roadway. 7. Please provide final construction plans for the recreational facilities and community center. 8. Please provide pipe size calculations for lake interconnecting culverts. NOV 2 8 2000 R , A_ICP PLANNING SERVICES DIRECTOR APPROVED BY: 'Vff~ENT A. CAUTER6, CO~TY DEVELOPMENT & ADMINISTRATOR SL/gdh/c: StaffReport DATE SERVICES ACtA ITE~ ~ NOV 2 8 2000 Mr. Brad C. Hedrich, PE Application No. 000601-4 Page No. 2 Please submit soil borings in the area of the proposed lakes. The borings shall extend several feet below the proposed bottom of the lakes to ensure that any existing confining layer will not be breached. Please contact Mr. Terry Bengtsson of the Fort Myers Service Center to discuss water testing issues and results. 10. 11. 12. 13. 14. 15. 16. Please identify how the excavation of lakes will occur. The determination of how the excavation work will occur and whether dewatering permits are required is part of the review of this application. Please identify if the material will be stockpiled or placed on the site, include what kind of erosion and sediment controls will be placed around the material while it is drying out, and identify how the water will be contained and where it will be directed. Please contact Mr. Terry Bengtsson of the Fort Myers Service Center to discuss issues, and if applicable, submit a dewatering application. Please provide a Land Use table as part the drawings in which categories such as Pervious area, Parking, Building foot print, Sidewalks, Open Space, Other Impervious, etc. etc. are clearly quantified for each basin. In addition, please show for each category its percentage in reference to the total project area. Please revise drawings to incorporate existing elevations and additional proposed grades at the points where the ingress-egress drive ties into Livingston Road. Please revise the model to provide floodplain compensation. Please submit revised calculations and a water management report explaining where and how floodplain compensation is being addressed. Please note that current conditions provide storage for a significant volume of stormwater between the wet season water table and the 100 year-3day stage. This volume must be compensated and managed by the proposed master system. Please note that the final peak elevation shall in the worst case match the pre-development peak condition for the project to provide compensation. Please revise the proposed water management system to provide water quality and attenuation within each residential basin tract prior to discharging into the slough. Please justify the need for the proposed control structure "CS-80". It appears that the intended weir will restrict discharge, therefore eausing higher stages that may pose adverse effects over residential development within Willoughby Pines, Candlewood, Majestic Pines and Falcon Ridge. District staff recommends the use of a broad crested weir capable of controlling stages, not flows. Runoff taken by inlets S-77 and S-78 must be conveyed into the master system prior to offsitc discharge. Please revise the proposed sewer configuration to avid this short circuit condition. NOV 2 8 2000 Mr. Brad C. Hedrich, PE Application No. 000601-4 Page No. 3 17. 18. 19. 21. 22. 23. 24. 25. 26. Please revise basin No. 10 to rearrange the order in which the storm management system is functioning. The basin has the lakes upstream and not enough water quality features prior to offsite discharge. Please revise so that water quality and attenuation is provided prior to discharge. Based on the information provided, the anticipated peak post-development discharge for the 25 year-3day event is 9.32 cfs. This flow rate exceeds the maximum allowable rate of 0.03 cfs. per acre. Please revise accordingly. It is unclear how offsite flows are being managed and conveyed into the proposed system. Please revise the drawings to incorporate conveyance details and provide a written description of the way this task will be accomplished. The proposed system appears to discharge through an existing s16ugh; however, the anticipated constraining effects caused by proposed development encroaching into the slough are likely to produce adverse conditions for existing homes within Candlewood, Willoughby Pines, Majestic Pines and Falcon Ridge subdivisions, particularly where rear yards will be direct receivers of the discharged runoff'. Please revise and re-route or provide a solution to this issue. As mentioned in the previous comment, proposed constraints appear to limit the land use for offsite parcels surrounded by the proposed project or located between the slough and the project. Please provide information regarding ownership of parcels OFF2, OFF3 and OFF9 and the owners agreement with the proposed development. Please identify the source of the modeled information at the boundary nodes. Please revise the model to consider tail-water conditions, offsite flows from existing developed and undeveloped tracts within the Palm R/ver Slough and upstream of the Villages of Madeira, existing and proposed cross sections within the slough, and compensating storage. Please contact the Big Cypress Basin in Naples to obtain tail-water conditions. Please provide extended stage time calculations for each one of the basins included in the model for the 25 year, 3 day storm event. Please provide hydraulic calculations for the sizing of the proposed 4' by 10' box culvert under the road at the preserve crossing and provide graphic details within the drawings showing the intended features. Please revise drawings to incorporate details of the culvert dividing nodes 60 and 70. NOV 2 8 200g Mr. Brad C. Hedrich, PE Application No. 000601-4 Page No. 4 27. District staff recommends that a revised computer model considering offsite conditions, tail- water effect, floodplain compensation, the existing slough, culvert crossings, upstream and downstream conditions, etc. etc. be created and submitted for review. Please ensure that all input and output data are attached. 28. The proposed dry detention ponds do not meet District criteria since the bottom elevations are at control. Please revise and bring the bottom of the dry detention ponds to at least one foot above control. 29. Please revise the drawings to show the location and delineation of the 25year - 3day perimeter berm. 30. Please revise drawings to show erosion control devices and instructions of use. 31. Please provide cross section views showing the interface between lots and roads, lots and preserves, roads and preserves, lots and property lines, lots and off-site flow areas and between any other pertinent boundary elements. Please show the locations of these sections on the plans. Also, the details should clearly indicate that all runoff is directed into the surface water management system and a structural buffer such as a fence or hedge at preserve boundaries. 32. Please provide riprap to dissipate the erosive energy of runoff discharging into the preserve from the proposed bleeders. 33. Please provide water quality calculations 34. Please provide weir design calculations. 35. Please provide a letter of potable water and sanitary sewer service availability from the pertinent utility companies. 36. The proposed control elevation of 10' NGVD does not appear to be consistent with existing wetland grades or the elevations provided of wet season water table biological indicators which range from 11.42' to 13.19' NGVD. It will be necessary for District staff to conduct an inspection to review the marked indicators in the field in order to evaluate an appropriate control elevation for the proposed project. Please contact Amy Ohlberg to arrange a field inspection. This visit may also serve to review the quality of the ohsitc wetlands and assess the WRAP scores provided which generally appear to underestimate existing wetland functions. NOV 2 2000 Mr. Brad C. Hedrich, PE Application No. 000601-4 Page No. 5 37. 38. 39. 40. 41. The proposed plans discharge all runoff from the development into the center of the preserved slough while existing drainage panems distribute runoff more evenly. Please revise the plans to provide discharge in a manner that more closely resembles predevelopment drainage panems and thus includes the upstream portion of the slough. In order to clarify the proposed wetland impacts and mitigation plans, please correlate the fluccs code habitats in the impact and mitigation tables with the numbers assigned on the fiuccs map provided. Also, please clarify the "temporary" impacts shown in the tables. Pursuant to Section 4.2.1 of the Basis of Review, please provide additional information concerning efforts to minimize and avoid wetland impacts within the project, which currently proposes impacts to 69% of the existing wetlands. The submittal states that the project avoids impacts to the majority of the onsite slough; however, only a portion of one of several flowways present on the site is preserved. In addition to enlarging the proposed preserve area to incorporate more contiguous wetlands, the two systems extending into undeveloped land to the north and northeast that eventually connect to the proposed flowway should also be maintained. Please consider these recommendations in plan revisions to reduce wetland impacts. A review of the submitted information indicates that the development of this project may result in cumulative impacts to wetlands or other surface waters or water quality within the same drainage basin as the proposed project. Specifically, cumulative impacts to resources in the basin may result from inadequate buffers, reduced water quality and attenuation of stormwater in the basin, and adverse impacts to wetland dependent listed species including the Big Cypress fox squirrel, Red-cockaded woodpecker, and various other listed avian species which may utilize the site's resources. 'Please provide an evaluation of the potential cumulative impacts on wetlands or other surface waters and their functions as a result of the development of this project. The evaluation should consider any reasonably expected future applications with like impacts, which would necessitate the equitable distribution of acceptable impacts among future applications. Please note that the Palm River Slough system is a critical resource in this area and all proposed development must maintain the important functions it provides, particularly with respect to attenuation and conveyance of stormwater. Please provide information which demonstrates that the development of this project will not cause adverse secondary impacts to the water resource as defined by Section 4.2.7, Basis of Review. Adverse secondary impacts are generally defined as violations of water quality standards, adverse impacts to the ecological value of uplands to listed animal species, except where USFWS or FWC guidelines are met, and potential for intended or reasonably expected future uses to have an adverse impact on water quality or wetland and other surface water functions. Specifically, please provide additional information regarding potential impacts to water quality, stormwater attenuation, wetland functions, and listed species. ' NOV 2 8 20L1D Mr. Brad C. Hedrich, PE Application No. 000601-4 Page No. 6 42. 43. Please note that upland buffers are particularly important to maintain the integrity of the wetland preserves, provide habitat for listed wildlife, and subsequently reduce secondary impacts. A minimum 25 feet wide buffer should be provided at all locations and additional uplands should be preserved where practical. In addition, secondary impacts are generally reduced when surface water management lakes are located adjacent to preserves rather than residential tracts. Please consider these recommendations in plan revisions to minimize secondary impacts. Please submit detailed information which indicates that the project is not contrary to the public interest pursuant to Chapter 373.414 F.S., using the following criteria: a) Whether the activity will adversely affect the public health, safety, or welfare or property of others; b) Whether the activity will adversely affect the conservation of fish and wildlife, including endangered or threatened species, or their habitats; c) Whether the activity will adversely affect navigation or the flow of water or cause harmful erosion or shoaling; d) Whether the activity will adversely affect the fishing or recreational values or marine productivity in the vicinity of the activity; e) whether the activity will be of a temporary or permanent nature; f) Whether the activity will adversely affect or will enhance significant historical and archaeological resources under the provisions ofs267.061; and g) The current condition and relative value of functions being performed by areas affected by the proposed activity. As a result of several outstanding issues, significant revisions to the wetland mitigation and habitat maintenance plans may be required. However, a preliminary review of the plans submitted raised several issues for clarification as follows: a) The information provided refers to significant hydrologic enhancement of the onsite preserve by reducing maximum stages and increasing the hydroperiod. Please clarify the details of this enhancement in terms of the existing and anticipated hydrologic conditions within the wetlands. This evaluation should include an analysis of water table elevations during the wet season, their duration, stages and recovery following storm events and include as a minimum an assessment of the 25 year, 3 day and 5 year, 1 day event: -- NOV 2 8 2000 Mr. Brad C. Hedrich, PE Application No. 000601-4 Page No. 7 44. b) As part of the hydrologic analysis requested above, please evaluate the effects of the proposed culverted road crossing separating basins 60 and 70 on wetland hydroperiods both upstream and downstream of the crossing. c) The information provided refers to additional culverts being provided beneath the FPL easement to improve flow; however, the plans do not show this feature. Please clarify. Also, how will this work be compatible with proposed regrading and planting within the easement? Please provide applicable cross'sections showing the proposed plans. Note that the letter from FPL authorizing improvements within the easement must also include agreement to these activities. d) Please provide success criteria for the mitigation areas. Also, please clarify how eradicated exotics will be managed, i.e. if they will be left on site, how they will be handled in a manner that does not adversely impact the success of areas to be replanted. e) Please identify on the plans the enhancement areas to be replanted. In addition, please show the locations of proposed monitoring transects, photo stations, and staff gauges. f) Please provide a baseline report in the mitigation activities and schedule. g) Please provide the basis for the annual mitigation and monitoring cost estimates provided. In addition, pursuant to Section 4.3.7 of the Basis of Review, applicants proposing mitigation costing in excess of $25,000 must provide proof of financial responsibility for the mitigation activities, management, monitoring and any potential corrective action which may be required. Proof of financial responsibility, in the amount of 110% of the estimated cost, may be provided in the form a cash bond, letter of credit, trust fund or other acceptable mechanism. Please provide a draft of the proposed financial responsibility document for staff review and approval. h) Proposed offsite mitigation at Panther Island Mitigation Bank cannot be evaluated at this time due to several outstanding issues; however, please note that if bank credits are deemed appropriate it will be necessary to provide an executed sales agreement for the number of credits to be purchased. This serves to ensure the credits are available and reserved and also provides assurances of financial responsibility. Once site plans are finalized, please locate and label the conservation areas on a preliminary plat. In addition, all conservation areas (wetlands and uplands) must be dedicated as conservation/common areas on the dedication page of the preliminary plat. NOV 2 8 2,,,;9 Mr. Brad C. Hedrich, PE Application No. 00060 Page No. 8 45. 46. Restrictions for use of the conservation area(s) on the plat document shall stipulate: THE CONSERVATION AREAS ARE HEREBY DEDICATED AS COMMON AREAS, THEY SHALL BE THE PERPETUAL RESPONSIBILITY OF THE ASSOCIATION AND MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTMTIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO, CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENT~ TO DRAINAGE; FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. Please include such restrictions on the preliminary plat and submit draft copies of the plat for staff review and approval. Please submit a draft copy of the conservation easement to protect preserve areas with specific details pursuant to this project's requirements. The conservation easement must meet the requirements of Chapter 704.06 F.S. A copy of the Distdct's conservation easement form is enclosed for your reference. Please note that any changes to the approved conservation easement form must be reviewed by the District's legal staff. Additionally, the following information is required in order to process the conservation easement: (1) Site map of conservation easement (2) Legal description and number of acres of conservation easement (3) A sketch of the easement area Please note that prior to the issuance of a permit, a signed copy of the easement document must be provided. Also, within 60 days of issuance of a permit a recorded copy of the easement document will be required to be submitted. Please provide draft property owner's association documents (declaration of covenants and restrictions/articles of incorporation) which adequately demonstrate the manner in which potential homeowners will be not/fled of the status of and use restrictions on protected areas within the project. These documents must also. identify the entity responsible for the operation and maintenance of the master surface water management system. Please include the following provisions in the documents: NOV 2 8 2000 Mr. Brad C. Hedrich, PE Application No. 000601-4 Page No. 9 (a) Language which notifies prospective property owners that their lots may contain or be adjacent to wetland preservation or mitigation areas and upland buffers which are protected under conservation easements; (b) Language by which the homeowner's association accepts the responsibility for perpetual maintenance of the conservation easement (preserved/restored/created wetlands areas and upland buffer zones) and agrees to take action against lot owners as necessary enforce the conditions of the conservation easement(s) and of this permit; to (c) Language which informs the prospective property owners that the wetlands and upland buffers may not be altered from their natural/permitted condition with the exception of: exotic or nuisance vegetation removal, or restoration in accordance with the restoration plan included in the conservation easement. Exotic vegetation may include, but is not limited to, melaleuca, Brazilian pepper, Australian pine, and Japanese climbing fern or any other species currently listed by the Florida Exotic Pest Plant Council. Nuisance vegetation may include cattails, primrose willow and grape vine. (d) Notification of property owners of any mitigation/monitoring and/or financial assurances for which the association is responsible. (e) Language which informs prospective property owners that they are responsible for the perpetual maintenance of any signage required by the permit. In addition, the property owner's association documents shall stipulate the following restfictions for use of the conservation area(s): THE CONSERVATION AREAS ARE HEREBY DEDICATED AS COMMON AREAS, THEY SHALL BE THE PERPETUAL RESPONSIBILITY OF THE ASSOCIATION AND MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITrED STATE. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO, CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE; FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. Please include such restrictions in the association documents and submit revised draft copies of the documents. NOV 2 8 2000 Mr. Brad C. Herrich, PE Application No. 000601-4 Page No. 10 47. Please coordinate the results of the protected species survey with the Florida Fish and Wildlife Conservation Commission (FWC) for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species including the gopher tortoise, eastern indigo snake, Big Cypress fox squirrel, and red-cockaded woodpecker. Please provide documentation of this coordination and indicate how the agencies' concerns, if any, will be resolved regarding potential impacts to listed species. Please include any management plans to be implemented to minimize these impacts. 48. Please coordinate this project with the State Division of Historic Resources and provide the results of this coordination. Please be advised that insufficient information was submitted and staff was unable to complete the review of this application. Additional comments may be forthcoming upon the review of the response to this letter. In accordance with 40E-1.603(4)(b) FAC, if the requested information is not received within 90 days of the date of this letter, this application may be processed for denial, if not withdram by the applicant. Please provide four (4) copies of the requested information to Ricardo Valera and Amy Ohlberg of this office. If you have any questions about the above comments, please contact the appropriate analysts at (941) 338-2929. Sincerely, Richard H. Thompson, P. E. Supervising Professional Fort Myers Service Center C: Start Chrzanowski, PE Ananta Nath, PE Florida Fish and Wildlife Conservation Commission - Punta Gorda Meridian Land Co. John Boldt, P.E. Rob Robbins ITEM NOV 2 8 2000 be' B.U. R. Valera R. Valera (2n° copy) A. Ohlberg Field Engineer NOV 2 B 2000 APPLICATION FOR PUBLIC HEARING PUD00' Petition No.: Commission District: Date Petition Planner Assigned: .~' /47 u',¢ < General Information: ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) Meridian Land Co. Applicant's Mailing Address 10001 Tamiami Trail North City: Naples Applicant's Telephone # 941-593-3100 Name of Agent Brad Hedrich, P.E. State Florida Zip 34108 Fax # 941-593-3150 _ Firm Hedrich Engineering Agent's Mailing Address City Bonita Springs Agent's Telephone # 941-495-5766 10911 Bonita Beach Road Suite 1021 State FI Zip 34135 Fax # 941-947-4531 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE I OFI6 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address na City State __ Zip Name of Homeowner Association: Mailing Address na City. State __ Zip Name of Homeowner Association: Mailing Address na City State __ Zip. Name of Master Association: Mailing Address na City State __ Zip Name of Civic Association: na Mailing Address City State __ Zip Disclosure of Interest Information: 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 necessa~). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 2 OF 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 Meridian Land Co. Tim Kaiser Clay Winfield John Winfield Percentage of Stock President Vice President Executive Vice Pres. Go If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP. list the name of the general and/or limited panners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Pannership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 parties PAGE 3 OF 16 - AGE~A ITEM ~ NOV 2 8 2000 ~'~.._~- Name and Address Date subject property acquired ( ) leased ( ):Term of lease ~yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date No o 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. Detailed legal description of the propertx 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. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Please see Exhibit 1. Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #:__ Property' I.D.#: Metes & Bounds Description: Size of property: fl. X ft. = Total Sq. Ft. Acres +/- 145.37 Address/general location of subiect properly: West of Livingston Road, 3A Mile North of Immokalee Road. 6. Adjacent zoning and !and use: APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 4 OF 1~ Zoning N A S RSF-3 E RSF-3 & A W PUD & A Land use _Royal Palm Academy (future) & vacant land Residential, single family & vacant MF & SF Residential and vacant MF & SF Residential & vacant Does the owner of the subject property own property contiguous to the subject property? so, give complete legal description of entire contiguous property. attach on separate page). No. Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: If (If space is inadequate. Rezone Request: This application is requesting a rezone from the (A). RSF-3 & ST zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property:_Residential with on-site amenities for residents APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 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 County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. A~A rrt~ NOV 2 8 2001] PAGE 5 OF 1 Standard Rezone Considerations (LDC Section 2. 7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The pro/ect as further stated in the ?UD document in consistent with the Land Development Code. The proposed residential density o_f 3 units per gross acre is 25% below the allowable base density. 2. The existing land use pattern. £xisting land use pattern is mostly vacant with single family use to the South. Two parcels have been incorporated into the proposed land plan and their access improved since the applicant does not have control of those parcels. The predominant current land use in Vacant and agriculture, but low density residential uses are anticipated once the Livingston Road corridor has been open for a period of time. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed PUD is consistent with the GM? and consistent with or of lesser intensity than existing projects in the surrounding area. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. ~¥o. 5. Whether changed or changing conditions make the passage of the proposed amendment fiezone) necessary. The opening of Livingston Road has created access to the site which is primarilv the reason _for the fezone request at this time. 6. Whether the proposed change will adversely influence living conditions in the neighborhood No. Whether the proposed change will create or excessively increase traffic congestion or create rypes of traffic deemed incompatible with surrounding land uses, because ef peak volumes or projected t>Tpes of vehicular traffic, including activity during construction phases of the development, or otherYvise affect public' safco'...Vo. 8. Whether the proposed change will create a drainage problem. No. In fact the proposed pro/ect will improve the drainage in the surrounding area which has been problematic in the past 9. Whether the proposed change will seriously reduce light and air to adjacent areas. No. 10. No. Ouality development of this caliber will however over time increase prope~ the surrounding area. Whether the proposed change will seriously affect property values in the adjacent area. y values in _ APPLICAl'ION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 NOV 2 B 2000 1 l. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. No. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Yes. The mix ofRSF-3 and Ag. Zoning would create a difficulty in completing a land plan that will protect the natural systems and still allow for low density residential development. 14. Whether the change suggested is out of scale county. No. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. No. but it is 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 oJpotential usez under the proposed zoning classification. The properties physical characteristics are such that the onlF waF to ensure the preservation o_f a critical wetland slough is through a un~fied development plan through the assemblage of small parcels. This approach greatly reduces the potential alteration of the site. 17. The impact of development on the availability of adequate pubtic jacilitie3' and sem'ic'e.s 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. ] 06, art. HI, as amended. The pro/ect will comply with the Collier County Adequate Public Facilities Ordinance. 18. Such other factors, standards, or criteria that the board qf counO' commis.s'ioner.s' deem important in the protection of the public health, safety, and welfare. PUD Re~one Considerations (LDC Section 2. 7.3.2.5) 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. Again, this project will utilize a low density development pattern while improving drainage and protecting a valuable wetland slough. Adequacy of evidence of unified control and suitabiliO' of any proposed agreements, contract, or other instruments, or for amendments in those propo.sed. particu/c.'~v 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 mat, ram~ at public expense. Findings and recommendations of this type shall be made or consultation with the county attorney. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAC, F '7 CJF l~q NOV 2 8 2000 Unified control is evidenced by the deeds and contracts to purchase that are a this application. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. As stated previously. this project complies with and furthers the gocd.s' and ab/ec/ive,t o£ the GM?. 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. Outside impacts are limited due to the extensive wetlands on site. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Open Space is in abundance due to the environmental restrictions on the property'. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Livingston Road the in[bastructure associatedwith it wil/ be completed prior to any permits being issued for this prRl'ect ensuring adequate capacity. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The prp/ect proposes connections to existing streets should the Commission ~'i,s']? require it. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications o f justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 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. t0. Previous !and use petitions on the subject property,: To .,,'our 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 following shall be submitted in order for your application to be deemed sufficient. otherwise waived during the pre-application meeting. requirements: In addition to this completed application, the unless a. A copy of the pre-application meeting notes; APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 2) o 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 81/=" 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 thereoff · 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, a. An architectural rendering of any proposed structures. b. An Environmental Impact Statement (ELS), as required bv Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. 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 location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). d. Statement of utility provisions (with all required attachments and sketches); APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 9 O[ 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); 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. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 10 o NOV 2 8 2000 EXHIBIT 1 A PARCEL OF LAND LOCATED IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE ALONG THE SOUTH LINE OF SECTION 13, S88°48'25"W 275.05' TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE SOUTH LINE OF SECTION 13, S88°48'23"W 1050.28'TO THE EAST LINE OF THE SOUTHWEST '/4 OF THE SOUTHEAST '/:, OF SECTION 13; THENCE ALONG THE EAST LINE OF THE SOUTHWEST '/4 OF THE SOUTHEAST 1/4 OF SECTION 13, N00005'58"W 1344.31', TO THE NORTH LINE OF THE SOUTHWEST t/4 OF THE SOUTHEAST IA OF SECTION 13; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ~A OF THE SOUTHEAST ~A OF SECTION 13, S88°52'26"W 1326.34', TO THE WEST LINE OF THE SOUTHWEST 'A OF THE SOUTHEAST ¼ OF SECTION 13; THENCE ALONG THE WEST LINE OF THE SOUTHWEST ~¼ OF THE SOUTHEAST 1/4 OF SECTION 13, S00°09'32"E 1345.82', TO THE NORTH LINE OF SECTION 24; THENCE ALONG THE NORTH LINE OF SECTION 24, S88°43' 17W 662.04', TO THE EAST LINE OF THE NORTHEAST ~¼ OF THE NORTHWEST 'A OF THE NORTHEAST V4 OF THE NORTHWEST ~A OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTHEAST ~¼ OF THE NORTHWEST IA OF THE NORTHEAST 1/4 OF THE NORTHWEST V4 OF SECTION 24, S00°l l'01"E 331.48', TO THE SOUTH LINE OF THE NORTHEAST tA OF THE NORTHWEST V4 OF THE NORTHEAST 'A OF THE NORTHWEST '/4 OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHWEST ~A OF THE NORTHEAST I/4 OF THE NORTHWEST '¼ OF SECTION 24, SW88°45'1 I"E 296.98', TO THE EAST LINE OF THE WEST 365' OF THE NORTH V2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 'A OF THE NORTHWEST 'A OF SECTION 24; THENCE ALONG THE EAST LINE OF THE WEST 365' OF THE NORTH '/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST IA OF SECTION 24, N00°10'55"W 331.32', TO THE NORTH LINE OF SECTION 24; THENCE ALONG THE NORTH LINE OF SECTION 24. S88°39'45"W 365.20'. TO THE WEST LINE OF THE NORTHEAST t/4 OF THE NORTHWEST 1/4 OF SECTION 24; THENCE ALONG THE WEST LINE OF THE NORTHEAST ~A OF THE NORTHWEST ~¼ OF SECTION 24, AND THE WEST LINE OF THE SOUTHEAST ¼ OF THE NORTHWEST I/4 OF SECTION 24, S00°l I'lY'E 1654.95'. TO THE SOUTH L_.rN.E OF THE NORTH 1/2 OF THE NORTHWEST ~/4 OF THE SOUTHEAST IA Ot THE NORTHWEST ~¼ OF SECTION 24; NOV 2 8 2000 THENCE ALONG THE SOUTH LINE OF THE NORTH 1/= OF THE NORTHWEST 5'; OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, Ngg°53'00"E 5,>7.58 , THENCE LEAVING SAID SOUTH LINE OF THE NORTH */2 OF THE NORTHWEST ¼ OF THE SOUTHEAST 'A OF THE NORTHWEST ~¼ OF SECTION 24, N01 °07'00"W 80.00'; THENCE N88°53'57"E 250.06'; THENCE S01°04'30"E 80.00', TO THE SOUTH LINE OF THE NORTH ~/2 OF THE NORTHEAST ¼ OF THE SOUTHEAST V4 OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG SAID SOUTH LINE OF THE NORTH 5 OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST V4 OF SECTION 24, N88°55'30"E 536.36' TO THE EAST LINE OF THE NORTH 1/2 OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTH '/2 OF THE NORTHEAST ¼ OF THE SOUTHEAST tA OF THE NORTHWEST XA OF SECTION 24, N00° 17' 1 332.15', TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, S88°50'52"W 662.05', TO THE WEST LINE OF THE SOUTH 1/2 OF THE SOUTHEAST ¼ OF THE NORTHEAST ~A OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTH 1,5 OF THE SOUTt-IE..\ST OF THE NORTHEAST ¼ OF THE NORTHWEST l¼ OF SECTION 24. N00°l 1 '01"W 331.48', TO THE NORTH LINE OF THE SOUTH ~/2 OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH ~/2 OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N88°48'59"E 662.05', TO THE EAST LINE OF THE SOUTH ~/2 OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST 1/4 OF SECTION 24; THENCE ALONG THE EAST LINE OF THE SOUTH t/2 OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24. S00°l 1 '08"E 166.82', TO THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH ~/2 OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST '/4 OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH ~/2 OF THE SOUTHWEST V4 OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 24, Ng8°53'26"E 622.22', TO THE WEST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST '/4 OF THE NORTHEAST 5:, OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST '/4 OF THE NORTHEAST ¼ OF SECTION 24, N00°10'07"W 20.00', TO A POINT ON SAID LINE; THENCE LEAVING THE WEST LINE OF THE SOUTHWEST IA OF THE or%l lq"'T Tl-' ,,, O~' I//4 t"~l-~ q"T iF' '~.~'t"%1-) q"T lllZ'~C"-r I//4 t'hE' "1'"1_112' %.:t'%lD'-rt_lE` ^ C'T' 1// O~.~U 1111~-lO I ~,-~1' 1111.~ 1'~,./1\111 ¥¥ 1~0 I Wl liil~ i~Ul~liibAOl 24, S88°53'26"W 20.00'; I NOV28 2000 THENCE N00°09'09"W 167.07'; THENCE N88°54' 12"E 60.00'; THENCE S00°10'07"E 20.00', TO THE NORTH LINE OF THE SOUTHWEST '¼ OF THE SOUTHEAST ~A OF THE NORTHWEST '/4 OF THE NORTHEAST tA OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ~¼ OF THE SOUTHEAST I/4 OF THE NORTHWEST ~A OF THE NORTHEAST ~,4 OF SECTION 24, N88°54'12"E 291.17', TO THE EAST LINE OF THE SOUTHWEST ~A OF THE SOUTHEAST ~¼ OF THE NORTHWEST '/4 OF THE NORTHEAST 'A OF SECTION 24; THENCE ALONG THE EAST LINE OF THE SOUTHWEST '¼ OF THE SOUTHEAST ~/4 OF THE NORTHWEST V4 OF THE NORTHEAST ~/4 OF SECTION 24, S00°07'36"E 331.88', TO THE SOUTH LINE OF THE NORTHWEST '/4 OF THE NORTHEAST V4 OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST '¼ OF THE NORTHEAST 'A OF SECTION 24, AND THE SOUTH LINE OF THE NORTHEAST 'A OF THE NORTHEAST 'A OF SECTION 24, NgS°53'48"E 1380.53', TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728; THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728, N00°07'04"W 665.43', TO THE SOUTH LINE OF THE SOUTH '/= OF THE NORTHEAST V4 OF THE NORTHEAST ~¼ OF THE NORTHEAST ~¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTH ~/2 OF THE NORTHEAST '/4 OF THE NORTHEAST '/4 OF THE NORTHEAST tA OF SECTION 24, S88°50'56"W 387.33', TO THE WEST LINE OF THE SOUTH ~/2 OF THE NORTHEAST ~/4 OF THE NORTHEAST ~A OF THE NORTHEAST ~A OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTH t/,: OF THE NORTHEAST '/4 OF THE NORTHEAST ~A OF THE NORTHEAST ~A OF SECTION 24. N00°08'05"W 332.57', TO THE NORTH LINE OF THE SOUTH '/2 OF THE NORTHEAST 'A OF THE NORTHEAST '/4 OF THE NORTHEAST 'A OF SECTION 24: THENCE ALONG THE NORTH LINE OF THE SOUTH '/2 OF THE NORTHEAST 'A OF THE NORTHEAST 'A OF THE NORTHEAST ~A OF SECTION 24, N88°49'41"E 387.43', TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364; THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, N00°07'04"W 332.72', TO THE POINT OF BEGINNING. LESS THE SOUTH '/2 OF THE SOUTH V2 OF THE NORTHEAST 'A OF THE NORTHWEST 'A OF THE NORTHEAST ~A OF SECTION 24, TO!&TqSHIP 48 sOUTH, RANGE 25 EAST. CONTAINING 145.37 ACRES MORE OR LESS. NOV 2 8 2000 SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. AGENDA [TED~ NOV 2 8 2000 MADEIRA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE MADEIRA PUD. A PLANNED UNIT DVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MERIDIAN LAND CO. 10001TAM1AMI TRIAL NORTH NAPLES, FL 34108 PREPARED BY: TIM HANCOCK, AICP PLANNING SOLUTIONS, INC. 5100 TAMIAMI TRAIL NORTH SUITE 158 NAPLES, FL 34103 And BRAD HEDRICH, P.E. HEDRICH ENGINEERING 10911 BONITA BEACH ROAD SUITE 1021 BONITA SPRINGS, FL 34135 P Do0.09 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS & REPEAL "EXHIBIT A" -1- NOV 2 8 2000 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION II1 SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT LOW DENSITY RESIDENTIAL AREAS PLAN COMMON AREAS PRESERVE AREAS DEVELOPMENT COMMITMENTS page 3 page 4 pages 5 thru 8 pages 9 thru I 1 pages 12 thru 13 pages 14 thru 15 pages 16 pages 17 thru 19 -2- NO¥ 2 8 2000 LIST OF EXHIBITS AND TABLES EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: PUD MASTER PLAN BOUNDARY SURVEY CONCEPTUAL WATER MANAGEMENT PLAN TYPICAL LAKE CROSS SECTION AND TYPICAL PAVEMENT SECTION ADDITIONAL LANDSCAPING DESIGNS 3 2000 STATEMENT OF COMPLIANCE AND SHORT TITLE The Madeira Planned Unit Development (PUD) consists of +/- 145.37 acres of land located V, miles North of Immokalee Road, immediately West of and adjacent to Livingston Road in Collier County, Florida. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set forth in the County's Growth Management Plan. This compliance includes: The land is located wholly in the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map as required in Objective 1, Policy 5.1, and Policy 5.3 of the Future Land Use Element. The subject properry's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The Project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The Project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.I.H and L of the Future Land Use Element. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-element of the Public Facilities Element. The Urban Residential District allows for a base residential densit,,,' of 4 units per gross acre. The projected density of 3 units per gross acre is in compliance with the Future Land Use Element of the Growth Management Plan. This Project is seeking no density bonuses. 7. The Project further meets the intent of the Urban Residential Sub-district through restricting allowable uses to single family detached, zero lot line and two-family attached dwelling units. 8. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. -4- NOV 2 8 2000 1.1 1.2 SECTION ! PROPERTY OWNERSHIP AND DESCRIPTION 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 Madeira PUD. LEGAL DESCRIPTION The subject property being +/- 145.37 acres, is described as: A PARCEL OF LAND LOCATED IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE ALONG THE SOUTH LINE OF SECTION 13, S88°48'25"W 275.05' TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE SOUTH LINE OF SECTION 13, S88°48'23"W 1050.28'TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST % OF SECTION 13; THENCE ALONG THE EAST LINE OF THE SOUTHWEST ~A OF THE SOUTHEAST 'A OF SECTION 13, N00°05' 58"W 1344.31 ', TO THE NORTH LINE OF THE SOUTHWEST % OF THE SOUTHEAST '/4 OF SECTION 13; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST I/4 OF THE SOUTHEAST 1/4 OF SECTION 13, S88°52'26"W 1326.34', TO THE WEST LINE OF THE SOUTHWEST '/4 OF THE SOUTHEAST % OF SECTION 13; THENCE ALONG THE WEST LINE OF THE SOUTHWEST ~A OF THE SOUTHEAST IA OF SECTION 13, S00°09'32"E 1345.82', TO THE NORTH LINE OF SECTION 24; THENCE ALONG THE NORTH LINE OF SECTION 24, S88°43' 17W 662.04', TO THE EAST LINE OF THE NORTHEAST % OF THE NORTHWEST V4 OF THE NORTHEAST ~A OF THE NORTHWEST '¼ OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTHEAST % OF THE NORTHWEST '¼ OF THE NORTHEAST tA OF THE NORTHWEST % OF SECTION 24, S00°l'l'01"E 331.48', TO THE SOUTH LINE OF THE NORTHEAST ~,4 OF THE NORTHWEST % OF THE NORTHEAST 1/4 OF THE NORTHWEST 'A OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ~A OF THE NORTHWEST t/4 OF THE NORTHEAST % OF THE NORTHWEST IA OF SECTION 24, SW88°45'1 I"E 296.98', TO THE EAST LINE OF THE WEST 365' OF THE NORTH 1/2 OF THE NORTHWEST % OF THE NORTHEAST 1/4 OF THE NORTHWEST % OF SECTION 24; -5- NOV 2 8 2000 THENCE ALONG THE EAST LINE OF THE WEST 365' OF THE NORTH I/2 OF THE NORTHWEST '¼ OF THE NORTHEAST ~A OF THE NORTHWEST OF SECTION 24, N00°10'55"W 331.32', TO THE NORTH LINE OF SECTION 24; THENCE ALONG THE NORTH LINE OF SECTION 24, S88°39'45"W 365.20', TO THE WEST LINE OF THE NORTHEAST ~.4 OF THE NORTHWEST ~A OF SECTION 24; THENCE ALONG THE WEST LINE OF THE NORTHEAST ~A OF THE NORTHWEST 'A OF SECTION 24, AND THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST ~A OF SECTION 24, S00°I I'IY'E 1654.95', TO THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST '/4 OF THE SOUTHEAST IA OF THE NORTHWEST V4 OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTH V2 OF THE NORTHWEST ~A OF THE SOUTHEAST IA OF THE NORTHWEST IA OF SECTION 24, NSg°53'00"E 537.58'; THENCE LEAVING SAID SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST ~A OF THE SOUTHEAST ~A OF THE NORTHWEST ~A OF SECTION 24, N01 °07'00"W 80.00'; THENCE N88°53'57"E 250.06'; THENCE S01°04'30"E 80.00', TO THE SOUTH LINE OF THE NORTH I/2 OF THE NORTHEAST V4 OF THE SOUTHEAST ~A OF THE NORTHWEST IA OF SECTION 24; THENCE ALONG SAID SOUTH LINE OF THE NORTH I/2 OF THE NORTHEAST ~A OF THE SOUTHEAST IA OF THE NORTHWEST '/4 OF SECTION 24, N88°55'30"E 536.36' TO THE EAST LINE OF THE NORTH V2 OF THE NORTHEAST 1A OF THE SOUTHEAST 'A OF THE NORTHWEST OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE NORTHEAST ~A OF THE SOUTHEAST 1/4 OF THE NORTHWEST IA OF SECTION 24, N00°l 7'12"W 332.15', TO THE SOUTH LINE OF THE SOUTHEAST ~A OF THE NORTHEAST lh OF THE NORTHWEST ~A OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ~A OF THE NORTHEAST IA OF THE NORTHWEST IA OF SECTION 24, S88°50'52"W 662.05', TO THE WEST LINE OF THE SOUTH 1/2 OF THE SOUTHEAST ~¼ OF THE NORTHEAST ~A OF THE NORTHWEST ~A OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTH I/2 OF THE SOUTHEAST ~A OF THE NORTHEAST ~A OF THE NORTHWEST ~A OF SECTION 24, N00°l l'01"W 331.48', TO THE NORTH LINE OF THE SOUTH V2 OF THE SOUTHEAST 'A OF THE NORTHEAST 1/4 OF THE NORTHWEST 'A OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH '/2 OF THE SOUTHEAST ~A OF THE NORTHEAST IA OF THE NORTHWEST IA OF SECTION 24, N88°48'59"E 662.05'. TO THE EAST LINE OF THE SOUTH V: OF THE SOUTHEAST 'A OF THE NORTHEAST IA OF THE NORTHWEST OF SECTION 24: -6- THENCE ALONG THE EAST LINE OF THE SOUTH ½ OF THE SOUTHEAST 'A OF THE NORTHEAST 'A OF THE NORTHWEST 1/4 OF SECTION 24, S00°l l'08"E 166.82', TO THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH 1/2 OF THE SOUTHWEST '/4 OF THE NORTHWEST ¼ OF THE NORTHEAST IA OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH 1/2 OF THE SOUTHWEST IA OF THE NORTHWEST 1/4 OF THE NORTHEAST I/4 OF SECTION 24, N88°53'26"E 622.22', TO THE WEST LINE OF THE SOUTHWEST IA OF THE SOUTHEAST 1/4 OF THE NORTHWEST 'A OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTHWEST IA OF THE SOUTHEAST IA OF THE NORTHWEST IA OF THE NORTHEAST 1/4 OF SECTION 24, N00°l 0'07"W 20.00', TO A POINT ON SAID LINE; THENCE LEAVING THE WEST LINE OF THE SOUTHWEST '¼ OF THE SOUTHEAST IA OF THE NORTHWEST ¼ OF THE NORTHEAST 1/4 OF SECTION 24, S88°53'26"W 20.00'; THENCE N00°09'09"W 167.07'; THENCE N88°54' 12"E 60.00'; THENCE S00°10'07"E 20.00', TO THE NORTH LINE OF THE SOUTHWEST IA OF THE SOUTHEAST ¼ OF THE NORTHWEST 'A OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST 1¼ OF THE SOUTHEAST 1¼ OF THE NORTHWEST ¼ OF THE NORTHEAST 'A OF SECTION 24, N88°54'12"E 291.17', TO THE EAST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST IA OF THE NORTHWEST 'A OF THE NORTHEAST 1/4 OF SECTION 24; THENCE ALONO THE EAST LINE OF THE SOUTHWEST I/4 OF THE SOUTHEAST 1¼ OF THE NORTHWEST 1A OF THE NORTHEAST 'A OF SECTION 24, S00°07'36"E 331.88', TO THE SOUTH LINE OF THE NORTHWEST IA OF THE NORTHEAST 1A OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST 'A OF SECTION 24, AND THE SOUTH LINE OF THE NORTHEAST IA OF THE NORTHEAST 1/4 OF SECTION 24. N88°53'48"E 1380.53', TO THE EAST LINE OF A 125' WIDE FLORIDA POWER 8,: LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728: THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728, N00°07'04"W 665.43', TO THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST ¼ OF THE NORTHEAST 1/4 OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTH V2 OF THE NORTHEAST IA OF THE NORTHEAST 'A OF THE NORTHEAST ~A OF SECTION 24, S88°50'56"W 387.33', TO THE WEST LINE OF THE SOUTH 1/2 OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHEAST '/4 OF SECTION 24; -7- NOV 2000 THENCE ALONG THE WEST LINE OF THE SOUTH 1/2 OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 24, N00°08'05"W 332.57', TO THE NORTH LINE OF THE SOUTH V2 OF THE NORTHEAST ¼ OF THE NORTHEAST ~A OF THE NORTHEAST ~A OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH V2 OF THE NORTHEAST ~A OF THE NORTHEAST ~A OF THE NORTHEAST ¼ OF SECTION 24, N88°49'41"E 387.43', TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364; THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, N00°07'04"W 332.72', TO THE POINT OF BEGINNING. LESS THE SOUTH V2 OF THE SOUTH 1/2 OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST I/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST. CONTAINING 145.37 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. 1.3 1.4 1.5 PROPERTY OWNERSHIP The subject property is currently under the ownership of or under contract for purchase to: Meridian Land Co. 10001 Tamiami Trail North Naples, FL 34108 GENERAL DESCRIPTION OF PROJECT AREA The Project site includes portions of Sections13 and 24, Township 48 South. Range 25 East. Generally, the Project is located immediately adjacent to and West of Livingston Road, approximateb ~,, miles North of hnmokalee Road. The zoning classification of the subject property prior to the date of this approved PUD document was A - Agriculture and RSF-3. PHYSICAL DESCRIPTION -8- NOV 2 2000 Q~ARLES & BRADY LLP VILLAGE BANC 5619 ATTORNEYS AT LAW OF NAPLES TRUST ACCOUNT ~,' ~-S, FLORIDA 34103 4501 TAMIAMI TRAIL NORTH, STE. 300 April1 :000 $******6,150.00 NAPLES, FLORIDA 34103 63-1425/670 Date Amount Ol - - - Six Thousand One Hundred Fifty Dollars and Zero Cents - - - Say Board of County Commissioners ro the 3rder of '-lie No.31217 Wachowicz ;luarles & Brady LLP ~,ttorneys at Law 1501 Tarniami Trail North, Ste 300 ~aples, Florida 34103 ~eference Wachowic7_/Meridian Gen. Village Banc of Naples Naples, Florida Check No. 5619 April 11, 2000 $******6,150.00 Date Amount ~ay -o the )re ~ Board of County Commissioners :ile No. 3121 7 Wachowicz Wachowicz/Meddian Gen.(960580.31217-LJS) Quarles & Brady LLP Trust Account 501018 NOT NEGOTIABLE DETACH AND RETAIN THIS STUB Check Stub  © Pan Pacific Professional Brief Accounting (tin) ~uarles & Brady LLP 'ay 'o the )rder of Board of County Commissioners Check No. 5619 April 11, 2000 $*****'6,150.00 Date Amount ?eference ;JE 3563 71e No. Wachowicz/Meridian Gen. GL Account I1181 Village Bank - Trust 2111 Bank - Trust Liabi... 31217 Wachowicz Dr Cr 6,150.00 6150 Authorized by: I Wachowicz/Meddian Gen.(960580.31217-LJS) Trust Account Check Printed: Apr 11, 2000 1:35 PM / mdr Quarles & Brady LLP Village Banc of Naples Trust Account 501018 Marian D. Ryan FILE COPY · "'~ © Pan Pacific Professional Brief Accoun~ NOV 2000 ~ Page No. I PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COblPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # or NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 V"'"' 2. Copy of Deed(s) and list identifying Owner(s) and all1 Partners if a Corporation ~" 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 15 ~' 5. Conceptual Site Plans 15 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified)4 V/ ~E~ t~.1.5. 8. Completed Utility Provisions Statement (with required4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 . Application 11. Copies of State and/or Federal Permits 4 v,~ 12. Architectural Rendering of Proposed Structure(s)4 13. Application Fee and Data Conversion Fee Check shall. be made payable to Collier County Board of Commissioners 14. 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 submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent/Applicant Signature .~,PrL~C.,,X~On SOR ~'t'BLtC n~.~m:~¢ soa ~'L'~ a£ZO.~. ~0/9S 2000 A FFIDA VIT We/I, MERIDIAN LAND CO being first duly sworn, depose and say that we/l 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 matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this ~a p p l i c ati ~ n-i s-d~? r m ~d-c~ m piete~ a nd-a~l-r e i~ rrir ed-i nf ~ r m~a ~i~n-h ~2 ~b~%~n-yab m i tte d~ As property owner We/I further authorize (guarles & Brady (Leo J. Salvatori) to act as our/my representative in any matters regarding this Petition. Typed or Printed Name of Owner Signature of Property Owner ~pedor Pri~t,~d Nameof Owner The foregoing instrument was acknowledged before me this i$ +"~ day of (~.,. ~c~_~ ~_2c.~ by _..)_o.._.~~_~_ ~-f:~2~_'~-~ ___who is personally known to me or has produced as identification. State of Florida County of Collier -Tblic . State of 7~'lorida) (Print, Type, or Stamp Commissioned Nome of Notary Public) _ APPLICATION FOR PUBLIC HEARING FOR PUD REZONF.. · 101~)b PAGE 16 OF NOV AFFIDA FIT 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 matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this apph'cation 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/I further authorize HEDRICH ENGINEERING, INC. and PLANNING SOLUTIONS INC. to act as our/my representative in aro, matters regarding this Petition. Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this [LB ~ day of C~.~(t \ , t2~ z,:~q by j ~ ~ ,~, ~,~ , r~ ~ c~ ~-~ho~ ~rsonally known to m~ or has produced as identification. State of Florida County of Collier APPLICATION FOR PUBLIC i]~LRL-NG FOR P.UD RF.,ZO~ - ll~'~ (~Notary Public - State of Florida) (Print, Type, or Stamp Commissioned N~ne of Nbtary Public)I ~-E~ ~ NOV 8 2000 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 MAPS NUMBERED 8524N AND 8513N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RUT,.AL AGRICULTURAL, "RSF-3" AND "ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MADIERA PUD LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD (C.R. 880), APPROXIMATELY 3/4 MILES NORTH OF IMMOKALEE ROAD (C.R. 846), IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 145.93± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Brad Hedrich, P.E., of Hedrich Engineering, Inc., representing Meridian Land Company, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13 and 24, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural, "RSF-3" and "ST" to "PUD" Planned Unit Development in accordance with the Madiera PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8524N and 8513N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. ~.l,TK) A I1T. k4 -1- NOV 2 8 2000 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: DWIGHT E. BROCK, CLERK BY: James D. Carter, Ph.D.,., CHAIRMAN Approved as to Form and Legal Sufficiency Marjr~rie M. StucTent Assistant County Attorney g, admm PUD-00-09'SM im -2- AGENDAITEM NOV g 8 ~000 The project site is located within the South Florida Water Management District Cocohatchee River Basin. The site, along with several offsite drainage basins, currently drains to a main ohsire wetland slough which then drains to the west to an offsite wetland slough which then outfalls to Palm River via twin 36" pipes. Palm River then outfalls to the Cocohatchee River. The Cocohatchee River Basin typically has a discharge rate of 0.04 cfs/acre (cubic feet per second per acre), but in this particular area, a detailed drainage study is being conducted by a consultant for Collier County that will most likely suggest a discharge rate of 0.03 cfs/acre due to the overtaxed downstream drainage system. The master storm water management system will consist of a combination of onsite detention lakes, drainage conveyance systems, and control structures with bleed down pipes and overflow weirs to detain storm water and achieve the reduced discharge rate. The master storm water management system will outfall to the onsite wetland slough that in turn outfalls to offsite wetlands to the west and then to the Palm River Canal. A majority of the elevations within the project range from 10 feet to 13 feet NGVD with smaller extreme cases of elevations ranging from 6 feet to 18 feet NGVD. Based on an initial geotechnical study of the area, a thick bedrock layer starts at approximately 10 to 12 feet below existing ground. The entire site is in Flood Zone X according to the FIRM Map that means that flooding only occurs during the 500-year flood. The closest 100- year flood zone is located to the west of the site, which is flood zone AE I I (Elev. I 1.0 feet NGVD) A description of soil types found in the area. 11 - Hallandale fine sand (From NRCS data) The soils of the Hallandale Series are siliceous, hypotherrnic Lithic Psammaquents. They are shallow, poorly drained, moderately to rapidly permeable soils that formed in thin beds of sandy marine sediment over limestone. These nearly level soils are in flatwoods and in sloughs and poorly de£med drainage-ways. Slopes range from 0 to 2 percent. (The NRCS does not classify. this series as hydric.) 18- Riviera fine sand, limestone substratum This nearly level. poorly drained soil is in sloughs and broad. poorly defined drainageways Individual areas are elongated and irregular in shape. Slope is 0 to 2 percent. 25- Boca, Riviera, limestone substratum, and Copeland fine sands, depressional These level, very, poorly drained soils are in depressions, cypress swamps and marshes. Individual areas are elongated and irregular in shape. Slope is 0 to I percent. 1.6 PROJECT DESCRIPTION The Madeira PUD is a residential community that provides low-density development in an area permitted for up to 4 units per acre base density. The project will be a gated access community with recreational facilities provided for the use and enjoyment of residents. The most notable feature of the development is the presence and preservation of a wetland slough thatmoves through the project. Crossings are minimized by the proposed plan of development while preserving the natural sheet flow of the slough. The importance of the slough is of significance in both environmental and surface drainage areas. The community will consist of up to 436 single family, zero lot line and two- family artached dwelling units upon completion. -9- NO¥ 2 8 2000 q. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Madeira Planned Unit Developmenu Orc]inance." SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 2.3 PURPOSE The purpose of this Section is to delineate and generally' describe the project plan of development, relationships to applicable County ordinances, and the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for the development of the Madeira PUD shall be in accordance with the contents of this document, 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 of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier ~ounty Land De',elopment Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Madeira PUD shall become part of the regulations. which govern the manner in which the PUD site may be developed. 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 of the land, which comprises this PUD. 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 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project Master Plan, including layout of streets and use of land for the variou> tracts, is iljustrated graphically by Exhibit "A." PUD Master DeCelopment Plan. There shall be 9 residential land use tracts plus necessary water management lakes. street rights-of-way, the general configuration of which is also iljustrated by Exhibit -11 - 2.4 2.5 TRACT (S) TYPE OF DEVELOPMENT UNITS ACREAGE RI thru R9 Single family, zero lot line and two-family attached 436 84.14 ac CR Common area and Recreation na 4.88 ac P Preservation na 30.67 ac Lakes na na 19.92 ac Roads Rights-of-way na 5.76 ac TOTAL 438 145.37 ac Areas iljustrated as lakes by Exhibit "A' 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."A." Minor modification to all tracts, lakes or other interior boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of applicable sections of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A," such easements, as necessary. (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 436 residential dwelling units shall be constructed in the total project area. The gross project area is +/- 145.37 acres. The gross project densiD,, therefore, will be a maximum of 3 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat 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, the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A," PUD Master Plan constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary. Subdivision Plat if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Developrnent Code. and the platting laws of the State of Florida. The provisions of Di,v, ision 3.3 of the Collier County ,Land Development ( -12- NOV 2 8 2000 2.6 2.7 2.8 of land as provided in said Division in effect prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements &Division 3.2 of the Collier County Land Development Code in effect prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. MODEL HOMES AND SALES FACILITIES Model homes/model home centers including sales centers shall be permitted in conjunction with the promotion of the development subject to the following: One "wet" and 3 "dry" models may be constructed prior to recording of a plat for each residential project or phase. Location is limited to future, platted lots. The Project owner must apply for temporary use permits for all models. The models permitted as "dry" models must obtain a conditional certificate occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. Do All other regulations pertaining to model homes shall be consistent with applicable Sections of the LDC. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE 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 property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property' Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code. -13- 2000 3.1 3.2 3.3 3.4 SECTION !11 LOW DENSITY RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tracts R1, R2, R3, R4, R5, R6, R7, R8 and R9, Low Density` Residential. MAXIMUM DWELLING UNITS The maximum number of low-density residential units allowed within the PUD shall be as follows: Tracts R1 through R9 = 436 units. USESPERMITTED No building or structure, or pan thereof, shall be erected, altered or used. or land used. in whole or part, for other than the following: A. Principal Uses: 1. Single Family Dwelling Unit 2. Zero Lot Line Detached Unit Two-Family Attached Unit The cjustering or grouping of housing structure types identified in Section 3.3 of this document may be permined on parcels of land under unified ownership, or as may be otherwise provided in the Collier County Land Development Code. subject further to the provisions of Division 3.3 of the Collier County Land Development Code and Table 1 of this document. B. Accessory Uses: 1. Customary Accessory' uses and structures, including private garages. May include common recreation amenities such as tennis courts, swimming pools, clubhouse facilities, fitness centers, playgrounds, basketball courts, boardwalks, and similar passive and active recreational facilities. DEVELOPMENTSTANDARDS A. General: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. B. Front Yard Setbacks (measurement): Fron', yard setbacks shall be meastJred as follows: -14- 2000 1. If the parcel is served directly and is immediately adjacent to a public right- of- way, the setback will be measured from the right of way line. 2. If the parcel is served by a non-platted, private drive, the setback will be measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted, private drive, the setback is measured from the road easement or property line. 4. Principal buildings shall be set back a distance sufficient to provide for two back-to-back parking spaces without encroaching into required setbacks, one of which may be an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk. TABLE I Single Family D.U. Zero Lot Line D.U. 2-Family Attached D.U. Min. Lot Area: 6,000 sq. ft. 6,000 sq. ft. 5,000 sq. fl. per d.u. Min. Lot Width: Interior Lots: 50 feet 50 feet 40 feet min. per d.u. Comer Lots: 55 feet 55 feet 85 feet Minimum Yards: Front Yard: 20 feet 20 feet 20 feet Side Yard: 6 feet 0 and 10 feet 7.5 feet Rear Yard: 20 feet 20 feet 20 feet Accessory Structure: Swimming Pool: 10 ft. rear 10 ft. rear 10 ft. rear Tennis Courts: 15 ft. rear 15 ft. rear 15ft. rear Screen Porch: 10 ft. rear I0 ft. rear 10 ft. rear Min. Floor Area: One Story: 1,000 ft. 1,000 feet 1,800 ft. Two Story: 1,200 ft. 1,200 feet. 2,000 ft. Max. Height: Principal Structures: 35 feet 35 feet 35 feet Accessory Structures: 25 feet 25 feet 25 feet Minimum off street parking: as required in Section 2.3 of the Land Development Code. Minimum Landscaping: Where residential uses internal to the PUD directly abut built or zoned residential uses external to the PUD, the following landscaping plan shall apply: A minimum buffer strip of 10' in width shall be planted with code minimum canopy trees on 20' centers with a double row hedge that is 2 to 3 feet in height at the time of planting. Such buffer shall be designed to achieve 60% opacity within one year of planting and 80% opacity within 2 years of planting. Additional landscaping shall be in accordance with Exhibit 'E' as attached. -15- The balance of the landscaping and buffering in the development shall be consistent with Division 2.4 of the LDC where applicable. -16- 4.1 4.2 4.3 SECT1ON IV COMMON AREAS PLAN PURPOSE The purpose of this Section is to set forth the development plans and development standards for the area(s) designated as Tracts CR, Common Area/Recreation on the PUD Master Development Plan, Exhibit "A." The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas and recreational opportunities for residents except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shah be protected and preserved. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in pan, for other than the following: A. Principal Uses: 1. Lakes 2. Open Spaces * Preserve Areas Pedestrian and bicycle paths or boardwalks constructed for purposes of access to or passage through the common areas and preserves. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. Clubhouse with meeting rooms, card rooms and general-purpose areas for residents of the Project. B. Accessory uses: Small docks, enclosures or other structures constructed for the purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure for structures, location of access streets and parking areas and location and treatment of buffer areas. Buildings shall be set back a minimum of fifty feet abutting an external residential district and a landscaped and maintained buffer shall be provided. Lighting facilities shall be arranged in a manner, which will protect roadwa and neighboring properties form direct glare or other interference. -17- NOV 2 2000 Maximum Height: 1. Principal Structure: 35 feet 2. Accessory Structure: 25 feet Minimum Off Street Parking: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. -18- NOV 2 8 2000 5.1 5.2 SECTION V PRESERVE AREAS PURPOSE Preserve Area (P) - The purpose is to preserve and protect native vegetation, naturally functioning habitat and flow-ways in their natural state. USES PERMITTED No building or structure of part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required: A. Principal Uses: Open Spaces / Nature Preserves Boardwalks subject to appropriate approvals by permitting agencies. Roadway crossings as noted on Exhibit "A," PUD Master Plan. -19- NOV 2 2000 6.1 6.2 6.3 6.4 SECTION V! DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats and all applicable State and local laws, codes and regulations applicable to the PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be planned. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follo;v the Master 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 of the developer is subject to the commitments within this agreement. PUD MASTER PLAN Exhibit "A," PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, lot and 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 application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary, easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in all common areas in the project. SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION The project is proposed to start construction of infrastructure in 2001. Model homes construction will commence in 2001/2002 with build-out estimated at seven to ten years. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Recreational facilities to include at a minimum, one clubhouse facility, two tennis courts and a swirmning pool will be completed prior to 50% completion of the project. An annual monitoring report shall be subminned pursuant to Section 2.7.3.6 of the Collier Coun~ Land Development Code. - 20- 2000 6.5 6.6 6.7 6.8 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION REGULATIONS ho Street right-of-way (Section 3.2.8.4.16.5 of the Land Development Code): Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a minimum right-of-way of 50 feet and pavement width shall be a minimum of 12 feet for one-way traffic and 24 feet for two-way traffic. Minimum Distance for right-of-way from Lakes (Section 3.5.7.1.2 of the LDC): Internal Roads that run parallel to water management lakes or detention areas shall be allowed a setback of less than 50 feet from the top of bank or control elevation, whichever in greater. Setbacks shall be a minimum of 20 feet unless appropriate justification can be shown through the use of walls or guardrails to reduce the setback to as little as 5 feet. Sidewalks (Section 3.2.8.3.17 of the LDC): Sidewalks will be required on one side only of all internal roadways in order to provide pedestrian access throughout the Project. TRANSPORTATION All accesses and roadways not located within County right-of-way will be privately maintained by an entity created by the project developer or his assigns. Road Impact Fees shall be paid in accordance with the Collier County. Impact Fee Ordinance in effect at the time of building permit issuance, unless otherwise approved by the Board of Commissioners. WATER MANAGEMENT ho In accordance with the Rules of the South Florida Water Management District (SFW~'MD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25 year return frequenc.~ and shall be reviewed and permitted by the SFWMD. Before any development construction permits are issued, the developer's engineering consultant shall perform detailed field topographic surveys including cross-sections, a flow-way evaluation and a hydrologic / hydraulic computer water surface profile modeling study. That study should conclude that there will be no significant adverse impacts on the surrounding properties caused by the installation ofthe. proposed control structure with overflow weir and filling within the historic low lying wetland slough. Said analysis shall be reviewed and approved by the SFWMD and Collier County. Engineering Review Services Staff. Go The wetland slough shall be improved and maintained in perpetuity by removal of exotic plants and fallen debris that would significantl.x restrict storm water flow in the slough. UTILITIES Count).' water and sewer is available within the Right-of-'~\'a) of Lix ings~ Road. -21 - NOV 2 8 2000 6.9 All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier Count), Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. ENGINEERING A. If the property is subdivided into two or more parcels, a plat shall be required. Work within Collier County rights-of-way shall meet the requirements of Collier County Right-of Way Ordinance No. 93-64 6.10 6.11 6.12 6.13 ENVIRONMENTAL An appropriate portion of the native vegetation shall be retained on-site as required in the Collier County Land Development Code. 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 plan/construction plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. LANDSCAPING FOR OFF STREET AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application except where otherwise noted in this document. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made for the future use of a building within the common area of the Project for the purpose of accommodating an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding on any and all successor owners in interest that acquire ownership of such common areas including, but not limited to, condominium associations, and homeowners associations. This agreement shall provide for a common space suffkient in size to meet the needs ofthe Supervisor of Elections in providing space for electors residing within the development. HISTORICAL / ARCHAEOLOGICAL 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 as noted in Section 2.2.25.8.1 of the Land Development Code. - 22 - NOv 2 8 ooo 6.14 NEIGHBORHOOD PARKS This PUD provides recreational amenities for the benefit of the residents that live within the project. These facilities will include a pool, tennis and basketball courts, playground equipment, boardwalks and similar recreational amenities for the use of residents. The developer recognizes that Collier County has placed a high priority on the creation of neighborhood-scaled parks. Prior to 50% build-out of the project and upon the completion of an acceptable Impact fee credit agreement, the developer agrees to provide one of the following to Collier County: The developer will purchase and transfer title of a parcel of land to Collier County that is deemed suitable as a neighborhood park..5 to I acre ofuplands shall be the minimum area provided. Emphasis will be placed on a location adjacent to a residential street within Willoughby Acres or one of the adjacent communities so that pedestrian access is convenient. The developer will install playground equipment or provide an equivalent contribution to Collier County to the extent that the cost of land and improvements combined does not exceed the Parks and Recreation impact fees that the project would otherwise pay to the County. Absent the ability to find a suitable off-site location, the developer will provide a park location within the project that is accessible by pedestrian means from adjoining communities. The minimum size of the parcel shall be .5 acres and will not allow parking or vehicular access. The developer will install playground equipment or provide an equivalent contribution to Collier County to the extent that the cost of the land and improvements combined does not exceed the Parks and Recreation impact fees that the project would otherwise pay to the County. -23 - ~F. tlDA NOV 2 8 2000 EXHIBIT A __ A~A ITEM 'NOV 2 8 2000 EXHIBIT B ITrr~ , ' .... EXHIBIT C tl II 100' ~ T~IC~ SECTION ~.) LA]~ TYPICAL SECTION NOV ;~ $ 2.000 18:55 9,419474531 H,E. DR T CHr-.~OL.~ · r}:JM PAGE 02 EXHIBIT E NOV 2 8 2000 02/03/193~ 18:55 94~9~7~531 ~tF%R ][' CH'~LJLF', C~3M EXHIBIT E NOV 2 ~ 2000 HFF~RICH~OUP, COM PA~E 04 EXHIBIT E , ~ Ill~ ~ ,, ~ ~e~,-..~.~ -~ , iF-' .-----~-~-'"'" ~ ,, ____'- _ ., ,,, I Ill I I IIIII II f III NOV 2 8 2000 01/03/199~ 18:65 94!'~47"6 F1 HF_DR I CH¢~-:OLt~ . -'-' EXHIBIT E A IIl~ v'.~,,,,,.,~,,z),,.Yz.cs,.z..,_.p--"""' -' fib --, ,-*~v~, · ~ ,d./,-im~---- , ,.,,,--- I AGENDA ITE~ NOV 2 8 2000 !// EXECUTIVE SUMMARY BOARD APPROVAL OF AMENDMENT 99-328 AS RELATING TO FIRE PLAN REVIEW FEES OBJECTIVE: To obtain Board approval of an amendment to the fee resolution providing for fire plan review fees. CONSIDERATION: Collier County is growing at an unprecedented rate. As a result, the number of blueprints submitted for'review has greatly increased. This growth has put a strain on the Fire Code Official's Office. The current fee structure does not, in most cases, .cover the cost of providing the service. Nor does the increase in plan review volume provide adequate funding for needed staffing levels. The proposed changes would bring this office closer in parity to the building review process in terms of staff-to-review ratio. This would allow for plan review turn around times to meet industry requested goals. This proposal was developed by the Fire Code Official's Office and the CBIA, and has the CBIA's endorsement. This proposal has also been reviewed by DSAC, and was endorsed unanimously by the members present at the October 4, 2000 meeting. FISCAL IMPACT: Although developers or contractors would pay additional costs associated with this proposal, the anticipated reduction in plan review turnaround times should provide for an overall reduction in cost to the contractor or developer due to shorter loan payback periods.. There would be no cost to Collier County Government. This Resolution is estimated to increase fees from $420,000 under the old fee schedule to approximately $532,000 for fiscal year 2000-2001. GROWTH MANAGEMENT,IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve an amendment to Resolution 99-328. Submitted by: Date: Ed Riley, Colli Fire Code Official .... !1' Z o. o AGEND,~ IT, EM No. N0V 2 8 2000 Pg., PROPOSED FIRE PLAN REVIEW REVISIONS SUMMARY Timeliness of Review Staffing Level Fee Structure · Income · Expense · Proposed revisions Example Comparison Analysis Budgets 1 NOV 2 8 2.000 PROPOSED FIRE PLAN REVIEW REVISIONS FIRE CODE OFFICIAL'S OFFICE PROPOSED STAFFING, BUDGET AND FEE SCHEDULE Goal: To review 95% of initial submittals within 10 working days and 98% of re- submittals within 2 working days. Since its inception the Fire Code Official's Office has seen varying degrees of success. The lack of success can be directly related to lack of staffing to accomplish a long list of objectives. Among those objectives are Plan Review, Code and Ordinance maintenance, Code interpretation, Training and Liaison between the Fire Districts and the County. The most pressing issue is Plan Review. It must be noted that plan review and field inspections are very closely related in that inadequate plan review translates into far more problems and delays in the inspection and approval process. Therefore it is essential for the overall process that thorough plan reviews are completed in a timely manor. To help understand the problem the following information may be helpful: A. The building department has 2 full time structural reviewers. B. Fire plan review has 1 full time plan reviewer. C. Fire plan review must review ALL plans reviewed by structural review. D. Fire plan review reviews a number of types of plans that the building dept. structural review does not. IE fire alarm and fire sprinkler systems. These two types alone account for 766 initial reviews YTD 99/00. E. Building department structural review averages approximately 6 to 7 reviews per reviewer per day. (Building Dept. estimate) F. Estimated fire plan reviews, initial and re-reviews for 99/00 - 5,066. G. Estimated plan reviews for FY 00/01 -4456 (average of 98/99 and 99/00) H. Fire plan review overtime costs 10/1/99-6/30/00 - $17,747.00.63% of which was incurred in April through June. Since there has been no controversy over building plan review it is assumed that the current review time and accuracy by the building dept. reviewers are acceptable. Therefore using their staffing per review ratio (item 5 above) we would need 3 full time plan reviewers to provide for accurate and timely plan review. This would provide for 6 to 7 reviews per reviewer per day. Current approved staffing is 1 Fire Code Official, 2 Assistant Fire Code Officials and 1 Secretary. However we are having difficulty filling an Assistant Fire Code Official position at this time. This staffing level can be maintained under the current fee structure. The estimated revenues for FY 00/01 would not allow for the hiring of the needed 3rd plan reviewer. 2 NOV 2 8 2000 Ae The current fee structure does not, in some cases, cover the cost of the review process nor does it fairly distribute the cost. The majority of our budget income is derived from review of new building construction. The other permit reviews do not pay what it costs to provide the service. IE fire alarms are very technical in nature and require considerable time to review, however the majority (85%) of fire alarm permit applications are reviewed for the minimum fee of $25 which does not cover our costs. The same is true for fire sprinklers and all other reviews individually listed on the proposed fee schedule. Additionally it is felt that the architectural review fee should be based upon the job value as opposed to square footage. This would more fairly and accurately distribute the cost. IE it is an accurate assumption that a 10,000 sq. fl. warehouse would cost less to build and take less time to review than a 10,000 sq. fl. medical office. Additionally the proposed fee structure would be less susceptible to swings in the economy because it puts less emphasis on sustained growth and more emphasis on actual cost to provide a specific service. The estimated income derived from the proposed fees and the methodology are as follows: ARCHITECTURAL PLAN 'REVIEW: Job value for architectural reviews by calendar year 1997 1998 1999 2000 (YTD 6months) (ESTIMATED) $478,462,965.00 $643,954,786.00 $674,954,786.00 $370,508,933.00X2 = $741,017,866.00 Total including estimate Average $2,537,525,354.00 Total/4 = $634,381,338.00 Expected job value for Budgeting purposes 70% of average = $444,066,936.00 Estimated income from Architectural reviews $444,066,936 X .1%= $444,066.94 OTHER PLAN REVIEWS Estimated income for 99/00 $35,000.00 or $31.82 per application Estimated revenue per Application (other than arch) under new plan $80.00 3 NOV 2 8 2000 Estimated number of Applications 00/01 1100 Estimated income From other reviews $80.00 X 1100 = $88,000.00 Total estimated income Architectural and Other $444,067.00 + $88,000.00 = $532,067.00 Synopsis of estimated fire plan review income: Architectural Plan Review ~ Other Plan * - Reviews TOTAL $444,066.94 $88,000.00 $532,067.00 B. Expense: See attached budget sheets. C. Proposed Revisions I would propose the following changes in the fee schedule to cover the costs of plan review and to more fairly distribute the costs: Architectural plan review fees -. 1% of the job value Fire Sprinkler Systems (new installations)- $30 Fire Sprinkler Systems (remodeling)- $30 Underground Fire Line - $30 Standpipes - $30 Fire Pumps (up to and including 500gpm)- $50 Fire Pumps (over 500gpm) - $75 Pre-engineered Systems (new) - $30 Pre-engineered Systems (remodel) - $30 Total Flood Systems (new) - $30 Total Flood Systems (remodel) o $30 Fire Alarm Systems (zoned systems)- $30 Fire Alarm Systems (intelligent system) Installation 'of pollutant storage tanks Above ground Underground Pollutant .Storage Tank Removal Above Ground + $.50 per head (rounded up) + $1 per head altered or added + $.20 per foot (rounded up) + $50 per riser + $10 per bottle of suppression agent + $1 per head altered or added + $50 per bottle of suppression agent + $1 per head altered or added + $5 per indicating or initiating circuit - $30 + $.50 per indicating or initiating device - $30 + $20 per tank - $30 + $30 per tank - $40 4 NOV 2 8 2000 Underground Pollutant Storage Tank Abandonment LPG Installations Above Ground Underground LPG Tank Removal LPG Tank Abandonment - $40 - $50 (requires notarized letter of consent from property owner) - $30 +$10 per tank - $30 +$20 per tank - $40 per tank - $50 (requires notarized letter of authorization from the property owner) All proposed fees listed above include the initial review and ONE re-review. Additional reviews will be provided in accordance with the following schedule: 2nd re-review 3rd re-review 4th re-review 5th re-review 10% of original review $30 minimum 25% of original review $50 minimum 50% of original review $100 minimum 100% of original review $200 minimum The following data is for informational purposes only: ~ Fire plan reviews YTD (July 31) 4384 100% · Number that were 1 st reviews 3124 71% · Number of re-reviews 1260 29% · Fire alarm 1st reviews 392 · Fire sprinkler 1st reviews 374 · Fire alarm re-reviews 74 · Fire sprinkler re-reviews 171 13% of all 1st reviews 12% of all 1 st reviews 6% of all re-reviews 10% of all re-reviews Pursuant to the interlocal agreement, the North Naples Fire District shall' create a Fire Code Official contingency fur.~J. in which it shall deposit funds received from Collier County for the performance c ~he Fire Code Official's duties which are in excess of those needed to fund the Fire .. ode Official's current year's budget. This contingency fund shall be allowed to accm;~..~late to an amount equaling twice the current year's budget for the Fire Code Officml. 5 ~+~' Zoo ("4 ('4 (",1 AGENI~.~,I J NOV ~ 8 2000 NOV ~ 8 ~ooo AG EN DA~ITJEII~I~ I .o._ I~?_~1 NOV ~ 8 2000 NOV ~ $ ~000 AG ENI~A.~T~.J~ ~ -- NOV 2 8 2000 I RESOLUTION NO. 00- 2 3 A RESOLUTION ESTABLISHING A SCHEDULE OF DEVELOPMENT RELATED REVIEW 4 AND PROCESSING FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY 5 LAND DEVELOPMENT CODE AND ALSO PROVIDING FOR A SCHEDULE OF FEES FOR 6 FIRE PREVENTION PERMITS ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE 7 DISTRICTS TO APPLY TO DEPENDENT FIRE DISTRICTS; SUPERSEDING RESOLUTION 8 NO. 96-642, RESOLUTION 96-594 AND RESOLUTION 99-328 AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WH.EREAS, the Collier County Land Development Code, Section 1.10.1 provides that the Board 12 of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for 13 application and document processing, public meetings, public hearing, other meetings and hearings, 14 transcripts, approvals, denials, development permits, development orders, development, construction, 15 interpretations, enforcement inspection services, sale of documents, review, resubmission and any other 16 zoning or development related service and any other services provided or costs incurred by the 17 County; and 18 WHEREAS, the Board of County'Commissioners approved Resolution 95-642 establishing a fee 19 schedule of development related review and processing fees on November 14, 1995; and which Resolution 20 was subsequently amended by Resolution 96-594 on December 17, 1996; and which was amended by 21 Resolution 99-328 on August 3, 1999; and 22 WHEREAS, many operations within Community Development and Environmental Services 23 Division are funded by user fee revenues; and 24 WHEREAS, an increase in fire plan review fees will allow for adequate staffing of the Fire Code 25 Official's Office, improved review quality and reduced review times; and 26 WHEREAS, the new fee schedule for fire plan review services requires Board approval; and 27 WHEREAS, the proposed fee schedule having been reviewed and endorsed by both the Collier 28 Building Industry Association and the Development Services Advisory Committee. 29 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 30 OF COLLIER COUNTY, FLORIDA that: 31 The Board of County Commissioners hereby declares that the amended fee Schedule of Fire 32 Prevention and Control Fees, attached hereto, and incorporated by reference herein as Exhibit "A," sets 33 'forth fair and reasonable sums to be assessed to those who receive the benefits of these reviews required by 34 the Land Development Code and the County Permitting process. 35 BE IT FURTHER RESOLVED that this Resolution and Exhibit relating to Fire Code Compliance 36 Plan Review fees be recorded as part of the official minutes of this Board; and that Resolution Number 95- 37 642, amendatory Resolution Number 96-594, and amendatory Resolution Number 99-328, be and, are 38 hereby amended to the extent set forth by this Resolution. This Resolution and its amended fees become 39 effective January 1, 2001. 40 This Resolution adopted after motion, second and majority vote. 41 Done the day of ,2000. 42 43 ATTEST BOARD OF COUNTY COMMISIONERS 44 COLLIER COUNTY, FLORIDA 45 46 47 48 49 50 51 52 53 Dwight E. Brock, Clerk James D. Carter, Ph.D., Chairman ed as o form and legal sufficiency: Coun~ ~ttorney NOV 2 8 2000 EXHIBIT A Schedule of Fire Prevention & Control Fees Fire Prevention & Control Permit Fees: The following fees shall be assessed on all applications for building permits: A. Fire Code Compliance Plan Review Fees: 1) 3) 4) 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) Architectural plan review fees -. 1% of the job value. Fire Sprinkler Systems (new installations) Fire Sprinkler Systems (remodeling) Underground Fire Line Standpipes Fire Pumps (up to and including 500 gpm) Fire Pumps (over 500 gpm) Pre-engineered Systems (new) Pre-engineered SYStems (remodel) Total Flood Systems (new) Total Flood Systems (remodel) Fire Alarm Systems (zoned systems) Fire Alarm Systems (intelligent system) - $30 + $.50 per head (rounded up). - $30 + $1 pet' head altered or added. -$30 + $.20 per foot (rounded up) - $30 + $50 per riser. - $50. - $75. - $30 +$10 per bottle of suppression agent. - $30 + $1 per head altered or added. - $30 + $50 per bottle of suppression agent. - $30 + $ ! per head altered or added. - $30 + $5 per indicating or initiating circuit. - $30+ $.50 per indicating or initiating device AGEN NOV ~ 8 ZOO0 14) ]5) 16) Installation of pollutant storage tanks: Above ground Underground Pollutant Storage Tank Removal Above ground Underground Pollutant StorageTank Abandonment 17) LPG Installations 18) 19) Above ground Underground LPG Tank Removal LPG Tank Abandonment - $30 + $20 per tank - $30 + $30 per tank - $40' - $40 - $50(requires notarized letter of consent from property owner) - $30 + $10 per tank - $30 + $20 per tank - $40 per tank - $50 (requires notarized letter of authorization from the property owner 20) All fees listed above include the initial review and ONE re-review. Additional reviews will be provided in accordance with the following schedule: 2nd re-review 3rd re-review 4th re-review 5th re-review 10% of original review $30 minimum 25% of original review $50 minimum 50% of original review $100 minimum 100% of original review $200 minimum B. Fire Code Compliance Inspection Fees: (Unchanged) NOV 2 8 2000 /,5- EXECUTIVE SUMMARY Adopt an ordinance creating the Pelican Bay dissolving the Pelican Bay MSTU. dependent district and OBJECTIVE: To create greater efficiency and accountability of the taxpayer dollars within the Pelican Bay community. CONSIDERATION: The Board of County Commissioners previously authorized staff and the County Attorney's Office to review a proposed ordinance that would eliminate the Pelican Bay Municipal Services Taxing Unit (MSTU) in favor of dependent district. The proposed ordinance was submitted on behalf of the Pelican Bay Master Homeowner's Association and approved by the Pelican Bay Advisory Board, a Board appointed by the Collier County Commission. The genesis of the proposal is to allow the community to have greater local control of the additional tax dollars that the community is willing to pay to fund the basic infrastructure within the community (beautif'~cation, streetlights etc.). Currently the Board of County Commissioners has the ultimate decision-making authority over the day-to-day operations of the Pelican Bay MSTU such as capital improvements, management consultants, and contracts. Under this proposal, the Board will continue to have approval of the annual budget; however, an elected body of seven (7) members comprised of residents within the district will act as the decision-making authority on capital projects, management consult, and contracts etcI. In addition they will be able to recommend tax rates and issue bonds with a term length limited to five (5) years as outlined in section 8 of the ordinance. The dependent district will continue to abide by the County's comprehensive plan, land development regulation and general laws but without specialized support management. If this ordinance is adopted, the Board will have the ultimate authority to determine what assets should be transferred to the district. An election must be held within 180 days the approval of the ordinance with Pelican Bay assuming the cost. Once the elected officials are seated, an interlocal agreement with the County will be negotiated for final transfer of assets. This will then be attached as exhibit C to the agreement. In the interim period of time until such elections occur, the Pelican Bay District will continue to operate as it does currently. The ordinance is currently being reviewed for legal sufficiency by the County Attorney's Office and staff will present the item in greater detail during the Board meeting. GROWTH MANAGEMENT: Pelican Bay is included as part of the growth management plan. The creation of a dependent district would not preclude it from having to meet the requirements of the growth management plan. ' Section 7 of the Ordinance outlines the districts general powers. t b/°'&"~~~ ~ / FISCAL IMPACT: There will be no fiscal impact at this time. The Pelican Bay MSTU will continue to fund the infrastructure until the dependent district governing board is established and the assets are negotiated. RECOMMENDATION: That the Board o£ County ordinance creating the Pelican Bay dependent district. Prepared By: ~'~, .~l -~,b~. 'n~-~")~ Date: f~hn Dunnuck, Interim Community Development & Environmental Services Administrator Commissioners adopt an and Reviewed By: ,~~.t.-'~ ~/ . Approved Thomas'~. Oll'~'~ff, C~un~nager County Manager A i~, D..A ITJ~M No. !,. C,~~-- NOV 282000 Pg. 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. 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 Percan .......... B~ay 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-Colliar County and its citizens, the basis for substantial and proven fiscal capacity; 2. Both the County and the Pelican Bay community have experienced ~ "~' "' ' ~a~d'.lea~rne~ from'th~ ~s~~ of'two' historical and '~onsectitiv~ ;foi'/n~" ' ' ' ~' " .. of '.basic. 'systems,. fa.cilifiei, se. rvi. ces,: : ' .. of public .delivery. o improvcraents and infraslamcture 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 Pelican Bay Municipal Service Taxing and Benefit Unit (Colher 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 opt'maum 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 fi'om 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 riscally sound, economic and innovative way - '-'"-' "-.'i~ available by which Collier'~Coilnty,may. maintain and- --.- .~ :-.-- · promote .its c9mprehensive I/1.anni~..'$,. land development.. regulation and general purpose 'g~vemment respons~mlmes A~[s~ t, do eo go in the Pelican Bay area but without detailed specialized management. 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 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 infi'astructure 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 specialig~ service delivery responsibility for basic infrastructure; and 2) Collier County may veto th, e budget of such a responsive locally elected entil~y; and 3) that all County comprehensive planning, land and welfare r.equirements:.shall be. preempted to,. and., "' i-e~ain exclusively wit. bin the juhsdiction and power of, the Board of County Commissioners of ~o..~ C~, 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 VHI of the Florida Constitution of 1968, as mended, possesses and exercises power in a home rule political subdivision (whether its County government is a non-charter government under Section l(f) of Article VHI or a charter under Section l(g) of Article VIID 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 r,~ ~e law, hmited 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: a. Chapter 125, Fla. Stat., which provides in pertinent part, ,,, . esp..ecially..as .to hon.-charter home. rule gove..mm.ents in cout!.ty political subdivisions, that: · 1) its provisions regarding home rule shall not be deemed exclusive or restrictive, section 125.01(3)(a), Fla. Shat.; 2) the powers under this general law shall be deemed to incorporate all implied powers necessary or incident to ean'ying out such enumerated powers, section 125.01(3)(a), Fla. Shat.; 3) the provisions of section 125.01, Fla. Star., 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)Co), Fla. Stat.; 4) the Board of County Commissioners may establish a dependent District in both the incorporated and unincorporated areas of the County, subject 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. Star.); and 5) There is no provision, implied or express, direct or indirect, which hmits 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. Star., and that to do so by ordinance is not inconsistent with general law. Chapter 189, Fla. Shat., which provides, in pertinent part, further authority and limitations on all home role county governments, whether charter or non-charter, with regard to -, ... s~ecial District, as follows:..... ,.. . .....: 1). That municipal service taxing or benefit Units, or both, und~r'~ect~0n 125.01; F~a! ~tat., are not ~'~ciaI ' Districts, section 189.403(1), Fla. Star., but rather 2) 3) 4) 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, government 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 terms; or the dependent District has a budget requiring the approval by affirmative 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; explanatiog.. 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;,. methtds for-. financing;- and' a d~laration that. the' Distfict'~ creation' is confident-~yi~h the. Collier County Comprehensive'Plan), section Fla. Stat.; 189.4041 do Chapter 163, Part H, 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 eomphance with which, any dependent special District would operate and function; The creation and operation of a dependent District in and for Pelican Bay, with an elected board, is compatible with and furthers the Cotmty's comprehensive plan, offers a focused and responsive approach to infi'astmcture provision and is one means available for accountable local delivery (and long term focused sustained quality maintenance) of community development infi'astmcture in Pelican Bay; therefore, such a single purpose dependent District ordinance is consistent w/th the County's plan, section 163.3177(10)(a), Fla. Star. 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 management liaison and central point of contact. ,Chapter 1-87, .Fla:'Stat.,. the Stale Comprehensive:plan,... which provides in pertinent p .art:" '..- ; 1)- '-..s_~hat i~ ord~ to protect, plmi 'a~d provide f6r !Jasic systems, facilities and services to developments in timely, orderly and efficient manners, it is the policy of this State to identify and to implement innovative but riscally 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 all levels of government, Section 187.201 (1)(a)&Co)7, Fla. Stat.; 3) In order to provide for the amount and quality of services required by the public in a way that is both economical and efficient, it is the policy'of Florida to encourage the use of dependent special Districts to provide needed infrastructure where the fiscal capacity exists to support such an approach, 'Section 187.201 (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)Co)5, Fla. Stat.; 5) It is policy to encourage joint venture solutions to mutual problems between levels of government as well as private enterprise, Section 187.201(21)C0)13, Fla. Stat.; 6) It is policy to encourage greater cooperation between, among, and within all levels of Florida government through the use of mutual participation for mutual benefit, Section 187.201(21)Co)1, Fla. Stat. 6. Use of such a District in the Pelican Bay area is a riscally sound, innovative~ economic, cost effective infrastructure. delivery alternative which is compatible with and furthers the goals of. cr~p~,.~.ensive planniag ..... Ascertainm. ents.. It is .hereby ascertained, based ~ppla the findi.ngs set forth expressly above, which are'i~/co$0rated herein, :that: ' '" 1. 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 of the 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; 4. 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; . 5. One such mechanism is creation of a dependent District by non- emergency ordinance of the Board of Cq;unty Commissioners through its home rule authority, as lirm'~ed by general law authority, whose board members must bc qualified electors and who must.be elected by qr/alii':ecl ~lectors of the.Pelican Bay,area,- ... ..., -_~ . bfit,whose powers are narrow, limited and"specializgd so that they ..... ' ' mugt comi~y frith, be subje~ to and may not functi6n iiic0nsistent ~,E,n~,~, ' with, the health, safety, welfare, budget, comprehensive planning Co 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, riscally 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 close-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 develel~ment regulations and all other budgetary, health, safety and welfa~ .. authorities and home rule powers and jurisdiction of Collier County. Declarations. It is hereby declared, based upon, and incorporating expressly herein, the findings, ascenainments hereinabove set forth, that: 1. Policy. It is the policy of this County and determinations with regard to the ~n. corporated PeJic.a~. Ba.y area that: a. It is in the public interest for an. innovative, cost effectiv,e,.. '-non.-dultiieative, accountable, ~efficiont Ired responsive way ~C~ND~,.~m" in the ~lican Bay area to coincide the home-rule general~[~i 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, facihties 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 riscally sound, is compatible with and furthers the Collier County Comprehensive Plan and is the best alternative to the Pelican Bay area. 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. ' Purpose. · The single special purpose of the District is the. pro.~.~.q.n. of basic infi-~tr~.cture in and-for.B¢licgn. Bay. In order to .-. carry out that purpose, the .District expressly will have and' exercise · ' : '"'. "' ' "'~' ' ' ":'"." general and specml powers to plan, constact, implement, mareham; ,,~. ~,..~_ finance and manage the provision of street lighting, water management and control, extraordinary law enforcement service and bcautificat~on, including but not limited to, beautification of recreation facilities and sidewalk, street ~nd median areas and the maintenance of conservation or presccve ~;reas w/thin the boundary of the District and to that end shall possc:,'s all the powers to do all things necessary, reasonable to provid,: such systems, facilities, services, projects, improvements and b~.sic infrastructure as set forth in the provisions of this Ordinance, subject 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 Commissioners 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 ~Ylnnatively with the State Comprehensive Plan and with the Collier Count-~ Local Government Comprehensive Plan because; a. the goals and policies of the State Plan dealing with public facilities and governmental efficier ./ are implemented expiessly and because this impiementation is not inconsistent with any other subject, ~oal or policy in the State Comprehensive Plan, as 'set forth expressly ~ hereinabove; b~ · ' because. the' sUbjeCts! oompbnenti' and' 'elements of. the.' -C911ier County ~.ncat Government Cbmpre.hensive Plan ~re implemented and because creation of this dependent District by non-emergency ordinance is no.'. inconsistent with and furthers the subjects, components or elements of the Collier County Comprehensive Plan, as set forth and identified expressly herein above. c. the ordinance is compatible with and further~ the goals, policies, elements and components of the Collier County Comprehensive Plan which is in compliance under State law. 6. 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. 7. Constraction 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. Star., (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 fi'om 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 infi-astmcture to the Pelican Bay area within the boundary of the Pelican Bay Services Dis~'ict. SECTION THREE: De£mitions. · .; ,--.As used in thi§ Ordinance, the ~11owixag'wl>rds,.terms and phases shall hay.e the... followi~g meanings,~ unles~ the comex. t otherwise requires. cle~ly and unambiguously: : " (1) : 'Ad '. ,v iorem bon " means bond~ Which are payable fi'om the proceeds ofad valorem taxes levied on real and tangible f personal property and which are generally referred to as general obligation bonds. (2) "Assessable improvements" means, without limitation, any _ and all public improvements and community facilities that the District is empowered to provide in accor~ce with this Ordinance. (3) "Ass~srnent bonds" means special obligations of the District which are payable solely from proceeds of the special assessments levied for an assessable project. (4) "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 b?' this Ordinance have been given by law. (5) "Bond" includes "certificate," and the provisions which are applicable to bonds axe 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. ,.- (6) Pelican Bay Services District means the unit of single, narrow and special purpose local government created 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 m~nagement and financing of basic systems, facilities, services, projects, improvements and infrastructure to the Pelican Bay area, subject to the general .-v..: pro'pose hea~th, satiety, welfare comprch~jvc I~lanning and-. ·.....-.. -- ' land development regulation 'power~ of Collier County, created, organize~l,"exi~fing and donstituted and authonZed* duly and legally to function specifically as prescribed in ,~e~ 'I (7) (8) this Ordinance with its special powers, governing body, opexation, duratic,n, accountability, disclosure requirements and t~mdmation as required by this Ordinance and general law. "Clerk" means the State constitutional county officer Clerk in and for the Collier County political subdivision under section 1 (d), Article VIII, of the Florida Constitution. "Cost", when used with reference to any project, includes, but is not limited to: (a) The expenses practicability reconstruction. (b) The cost of surveys, estimates, plansand specifications. The cost of improvements. Engineering, fiscal, and legal expenses and charges. The cost of all labor, materials, machinery and equipment. The cost of all lands, properties, rights, easements and franchises acquired. Financing charges. The creation of initial reserve and debt service (c) (d) (e) (f) (g) (h) of determining the feasibility or of acquisition, construction, or (i) (J) (k) (1) 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 constrgction or acquisition as the board may determine. The cost of issuance of boilds pursuant .to this Ordinance, including advertis¢~nents and printing. The cost of any election held pursuant to this Ordinance &nO. aJl other .expenses of .iss. uao..ce of-, bonds. · -' · · ff discount,' if any, on'the 'sale or e~change of bonds. (9) (10) (11) (12) (13) (14) (15) ('16) (n) Administrative expenses. (o) 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. (p) 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 at 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 o£ 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,~properry, utility, facility, works, enterprise, or service now existing or ..heresafter ~md .er?.¢n or e.sm. blished unde,r. the prQ~s.io,,n.s.o:f,.. this Ordinance. · "'~R¢fi~,.,d~. g bonds;' meat~s 7bonds.-ilsued outstanding bonds of any type and the to retinarice: interest and AGtN~II~.. 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 _r~luired unless required by the State Constitution. (17)"Revenue bonds" means obligations of the District which are payable fi'om 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 section 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, facilities, services, projects, improvements and ~nfrastrucmre 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 responsibihties to maintain same. (21)"Property Appraiser" means that State constitutional county officer Property Appraiser in and for the Collier County political subdivision under section l(d), Article VIII, of the Florida Constitution. · -" (223" ':'.'Tax Collector" means. that ~dtat~-co~astitutional.. county- .-. · .., ', officer.T.ax CotJector in and fo/' the ~C~l.lier County polit!cal . subdivision under' ~ect~on l(d),'A]~icl~ vIII,'of the l~i0'Hd~' Constitution. 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). This District is a dependent District as defined and provided for in section 189.403(2), Fla. Stat. and section 189.4041(4), Fla. Shat. 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. County Government, the Board of County Commissioners of the Colher 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 th/s 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 term, any member of the governing body of this ~)istfict. This Distriet-.~ucceecls pursuant to the provisions in section five (5) of this Ordinance the terminated Pelican Bay Municipal Service Taxing and Benefit Unit and all real and personal property and related assets of the County as agreed to betwee. n,.the county and as financed by the Pelican Bay Municipal Service, · "Taxing ahd .B'en~fit Unit add 'relaied's~tem.~, m~te.rials 'and..peraonnel, -- 'any are ~:afisferr.ed-as providecrin section.five (5) be'low.to. the Pelican t~ay Services District'~s the successor ~tity upon 'termination of ~e' Pelican Bay Municipal Service Taxing and Benefit Unit. SECTION FIVE: Dissolution and Termination of the Pelican Bay Municipal Service Taxing and Benefit Unit and Transfer of Real trod 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 125.01(1)(q), Fla. Star., 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 government 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: 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: ~-, .. ,~ - .- .. ?," ,~ . .' .. .. -.~ .-. :,.. The ~enn of:each of the :seven (7) ele.cttd B~oard members shall four (4) years:..~-~_ d until 'a successor is provid~ci' h~t to exceed (2) consecutive four (4) year terms. c Within one hunched 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 Colher County Political Subdivision. 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 winn/ng 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 ofboard member officers for a term of four (4) years. All elections for seven (7) board members by qualified electors shall be held pursuant to this Ordinance and shall 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 th.e pro~sions of Chapter 106. The candidate shall file petitions and take the oath req.uir..ed.in section 99~021. with the $upervi~or,o.f Elections ;m and for.Collier.County. The Supervisor.of Elections in and for Collier County shall 'appoint' the Ir/spectors. 'and" ~2]erks.' of El~fifn~;' prepare and furnish the ballots, designate polling places 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. 6. 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. 2. 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 goverrlmcnt of Florida. The record book shall at reasonable times be opened to inspection in the same manner as state, c.~unty and municipal records pursuant to Chapter 119, Fla. Stat. · The re.cord book sha.ll be kept fit the o. ffice 9r other regular place of' l~usin'e~s maint~ned by. the 'Board in {~olficr~County in the l~11~a~ ' Ba~.area.'.. · Each Supervisor may be entitled to receive for his or her services an mount not to exceed $200 dollars per regular meeting of the Board of Supervisors not to exceed $2,400 dollars per year per supervisor or an amount established by the qualified' electors at referendum; in addition, each supervisor shall receive travel and t~er diem expenses as set forth in section 112.061, Fla. Stat. ~oard of Supervisors general duties. a. All meetings of the Board shall be open to the public and goverr,[d 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 District manager shall have charge and supervision of the works of the District and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this Ordinance, for maintaining and operating the equipment owned by the Di rrict, and for performing such other duties as ma': ~e prescribed by the Board. The District manager may n.ire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory and clehcal employees, as may be necessary and authorized 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. The Board may d.~signate 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 upon the order, or pursuant to the resolution, of the Board by warrant or check countersigned by the treasurer and by such other person as may be anth0riz~d by the Board. The Board may give the treasurer such other or ....adclitionaL. p0w.~12s.. and duties as'the ..Board inay.;d.e.em... appropriate and :may fix his or her' compensation.. The Co "Board,may require'the treasurer 'to-'glve a bond iri such amoun~i-'on such terms, and with such sureties as may do 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 shall be audited by an independent certified public accountant at least once a year. In the absence of a designated treasurer the chairman shall assume the responsibility of the treasurer as deftned 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 all the requirements of chapter 280 and has been designated by the Treasurer as a qualified public depository, upon such teinis and conditions as to the payment of interest by such depository upon the funds so deposited as the Board may deem just and reasonable. Exercise all 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. Neither the District nor its Board of Supervisors shall at any time, directly or indirectly, take action that is not in compliance with, not subject to or that is inconsistent with any applicable Collier County Comprehensive Plan and any related land development regulation or ordinance, any regulation adopted by the Board of County Commissioners of Collier County or any regulation of any other governmental entity having power to adopt regulations that are superior to the Pelican Bay Services District. Annually the board of supervisors of the Pelican Bay Services District~ prior to the official budget hearing of both Collier County and the District, shall provide an annual report to the County on activities and operations for the~roceeding fiscal year and for the next immediate fiscal year to the Board of County Commissioners of Collier. '-'-~-.--.,County no 'later ~mn the 1st day. of .Jan..u~y of each'. :-. ' calendar year. h. Members of the' B~arci~ Of super4is~r~ of the Pelicah' gay Dependent District may communicate 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 Sc ~ervisors of the District. Except for purpose of inquiry o? :~nformation, 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 the 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. Budget; Reports and Reviews; County and Clerk Review; Collier Count3: Veto. 1. The District shall provide financial reports in such form and such manner as prescribed pursuant to this chapter and chapter 218. 2. 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 thi~ Ordinance. The 'Board shall consider the proposed budget item by item and may either approve the budgetS,. as proposed 'by the District nmnager or modify the same in part or in whole. · ,, The Board shall indicate its approval of the budget by, "' '. "r~olution, x~hich'reso'tutiofi ~hall"p/'ovic[~ for a heari~g'off - '" - , , 'tl~.:bud. gqt as 'apprOyed;' Noti:,ee ~f the. fiearCh.' g on the .... budget shall be published in a newspaper of general circulation in the area of the District once a week for tw~ AG£~A TI'~# (2) consecutive weeks, except that the first publication shall be not fewer that, 1S 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. At the tittie and 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 1 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 writtan veto...-,. .. -.; ... :~ ,, Clerk. ThE Clerk- to.the Board of County. Commissioners. for Collier County 'shall'~'6rve ~;;.,Clerk'to th; District.' The 'Di;trict shall atmtially: budget and reimburse the Clerk as necessary for the cost of all servieesl¢tnl~L~n 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 pertainlug thereto. The District shall organize its own financial records to facilitate day-to-day operations. rhe District shall provide financial records in such form and in such manner as prescribed 1:, ~rsuant ;~ chapter 218, Fla. Stat., as applicable, and by the administrative code ado[ ~ed hereunder. SECTION SEVEN: General Powers. The District shall have, and the Board may exercise, the following powers: 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 convenient 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 fi:om 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 ifi accordance with the telreS of the gilt, grant, loan, or agreement relating thereto. 'I'o'~ado. gt rules and orders pursuant to. the pmviaiq~s .of..chapter J~20.. ....,. .... -. pre~c, ribing the. powers., dudes, and function..s of.the.officers of the.. District; the conduct ~f de' businegs o'f the' District;"fh~' maintenance of records subject to the approval of the County Clerk laE~t~, Iltn which shall not be withheld um'easonabl~ 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 ofthe District to carry out any of the purposes authorized by this Ordinance. I. 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 the2 cqnduct of the District .activities and services and to enforce their receipt and collection in the manner prescribed by resoll~tion not inconsistent with law. ~ To exercise within the District, or beyond the District with prior, · ~. appro. val-b.y resolution of. ~e.go. vernin. g body of.the..c.o .ur_'aty..if the.- · .. ~ taking .will .occur in an, tmin.corpoxated area or ~'ith prior approval.., ' ~b~ fesolt~ffon 6f'the goverhLng body 0f the mulnieipality if the taking will occur within a municipality, the fight and power of Alf~a lit# SECTION EIGHT: A. 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, .and 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 eoopen~e with, or con~'act with, other governmental agencies as may be necessary, conv~mient, 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 of the 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, conw'nient, 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 permit~g authority of Collier County having authority with respect to the Pelican Bay land area jurisdiction, any or all of the ,following powers: ~, to _financ.e., fund,. . plan, establish, .acquire, co. nst~...ct or · "reconstruct, enlarfge oi' ~xi~nd, e.qui'p., .operate, 'and mli~q '.t~" ' '-~ystems,~ facilifiesi- and..b~ic .infraslructur[s follo~g: for. the: (a) (b) (c) (d) (e) (0 (g) Water manageme,at and control fc, r the lands within the District and ~.o connect som,- or any of such facilities with roads and bridges. 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. District roads equal to or exceeding the specifications of the county in which such District roads are located, and street lights. 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. 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 Colher County local government Comprehensive Plan and is approved by Collier County. Parks and facilities for indoor and outdoor 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 goverr~emal'agencie~;'exc'~t ~at-the Dis.thct ma~ ". ' '- ~;-'- .not exercise a~.y 'police. power, but-. may con~act with Collier County agencies for an ~ncreased level of such services within the District boundaries. B. To adopt and enforce county or District rules following the procedure and disclosure as set forth below: 1. Rules of procedure adopted pursuant to chapter 120, Fla. Star., 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 consultants competitive negotiations; and related matters; provided however that such rule, code or regulations shall be subordinate to any regulation of the Board of County Commissioners of Collier County which might apply. ~" 2. Rules of disclosure and accountability after which shall include requiring disclosure to purchasers of property that the land is within the jurisdiction of a dependent local government 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..~plieable Districts; providing for disclosure to perspective residents of this same infon!tation; providing for ongoing annual disclosure of public financing and maintenance of public facilities to all residents, '- .... ~ .-' ' witbib the ~istnc.,t. · .-' - .' ........... ' NI~E: .and Borrowflag. , ..... ' ~ · ,.. Subject to ~ht exl~ress :,~ritten ~rior approval of the'Collier Coant~ Board of County Commissioners, the District Board of Supervisors may exercise the followingaGE~ijt~ 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 mount 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 date 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' ancO[ are then outstanding. For the purpose of defrayhag such costs and expenses, the District;may i .ssue.negotiable.notes, w .an'ants or other evidences of d, ebt to. be payable at such time. s, to bear such interest as the Board may determine ~ comphan~:with. :.s~.?on 215.8:4, and to be sold 'o~'d/qcounted at such '~:' price or prices not less than ninety-five (95) percent of par value and on such terms as the Board may deem advisable. The Board shall have the fight to provide for the payment thereof by pled~ng 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 except 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 assesfment 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: 1. the money paid for the bonds; '" 2. the principal mount, plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds; and 3. 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 *.'~ value of any properties exchanged for the bonds, as detcmdned !~y 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 ihen in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be · pubhshed lSr-pp. sted. The Board may, be resolution',.aut, horize .the issuance'- -.. · .-, ..--. -- of bonds and fix the a. ggregate. amount of borids to be issued; the. purpose . or purposes for which the mon~ a~ved ther[from shall' be exp~na'e~11 · . including, but not limited to, payment of costs as defined m secUon"°' 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) y~.,'s 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; rcdcrnpfion 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)(0 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 if he or she had remained in office until such delivery. Interim Certificates; Replacement Certificates.Pending the preparation ofdefirfitive 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.$.u. ch bonds have been executed and are available for delivery. The Board '~hay also provide for the replacement of any bonds which become mutilated, lost, or ¢. destroyed. . ~ Negofiability of Bonds. Any bond issued under this Ordinance or any · tcmpoi'a~ bond, in the absence of ao express recital on the face th,ereof: ...that it is .n~).nneg.ofial~le, shall be, f-u.l!y neg0..tiabje and,shall be and constimt6 ~-nego't-iable' instrument within the menming and for all purposes of the law merchant and the laws of the state. .O Go Defesssnce. The Board may make such provision with respect to the defe~.sance of the right, title and interest of the holders of any of the bonds and obligations of the District in any revenues, timds, 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 ~r:~demption and the whole amount of the principal and interest and premium, if an?., 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 sini~ing 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. Issuance of Additional Bonds. If the proceeds of any bonds are less than the cost of completing the project in connection with 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 (10) years thereaRer, or the surrender of which can be procured from tl~e holders thereof at prices satisfactory to the Board. Refunding bonds may be issued ~,any time..wher~in tl},e judgment of the Board such issuance _will. be advantageous to the District. No approval of the qualifi. ed elecicrs fesiding in tii~' I)istri;~ shall be iequireil for the' issuance of refunding bonds. except in cases in which such approval is required by the Stateso.'~'~.~. Jo 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 if they continued to be the owners and had possession of the bonds for the refinancing of which such refunding bonds arc 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 extinguishrnent, 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 any one or more of such projects, regardless of whether or not such projects have been combined and consolidated into a single proj?t. If the Board deems it advisable, the proceedings authorizing such revenue bonds may provide that the District may thereafter combine the projects then being financed or theretofore ' 'ffn~n~cl.'with othe~ l~rojects to' be ~t~bseJt~nfly 'fman~ec['by lh{/~ '-." "- "'- -- Dis'tact and that revenu. el.bo~ds to i~e the~'¢after 5ssued .b,y:./,h~'-'. District shall be on parity with the revenue bonds then bem~ issued, all on such terms, conditions, and limitations as shall been provided in the proceeding which authorized the ori~ bonds. General Obligation Bonds. The District may have the power from time to tin?' to issue general obligation bonds to finance or retinanee capital pt,, .~ts or to refund outstanding bonds in an aggregate principal amount o l ~onds outstanding at any one time not as determined by the county. F~-ept for refunding bonds, no general obligation bonds sinil be issuedess. the bonds are issued to finance or retinanee a capital project and t[~ssuance has been approved at an election held in accordance with the re~ ~rements for such election as prescribed by the State Constitution. Suc:~ 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 Districl. The expenses of calling and holding a~ 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: Reven~e. The District Board may levy, impose, charge, collect and enforce the following sources of revenue subject to the limitation and procedures se! 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. B. 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 esml~i~.'shed 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. ,. ': ' "Sach ~-' shal]~ b~. assessed, 'leviedl..and,colIected.. in .the .same manner and.:, -- ,same ti~."e.' as. c.ounty taxes. ' Tho lev~ of ad ~,alorom rexes shall 'be · appr ed refer'&dum [vhen required by the Siate ¢onstit itioh. Go 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 that 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 fi'om 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 the 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 ~e Board of Supervisors not later than August 31 of each year and shall be ~ntered~by.the propert~z appmi..'s.er on the ¢0unty.:l~x ro. lls and,..sl~.l be collected.and enforced bY the tax collector in the same manner ~nd ai'~e .sam~ time hs co~lnty ta~xes', and the'proceeds theeft'ore shall be paid to the District. However, this subsection shall not No. 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 speci. al assessments shall be alicn on the property against which assessed until paid and shall be enforceable in like rnarmcr as county taxes. The amount of the maintenance special assessment for the exercise of the District's powers under this Ordinance shall bc determined by the Board based upon a report of the clistrict'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 of land. 3. 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. 4. Status; Liens; Collection. Benefit special assessments,'" maintenance special assessments and special assessments are non- ad valorem assessments as defined in section 197.3632, Fla. Star. 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, cocqual with the lien of state, cour,Xy, 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, F~ Stat., section 197.3632, Fla. Stat., and section 197.3635, Fla. Stat., or in accor .dance with other collection measures provided by law. ignfo,rcem~nt..-.o..f Taxe.s. T!~e qollection and en/orcfn~..ent ..of 41. ta~...cs.. ".~ /:-. levied by ~e Dislrict shall bc at the same time and in [tke manner as county taxe~, and the i~r~visio~'6f thg Florida- StatUte; relating to ilac ~aJo' " of lands for unpaid and delinquent county taxes; the issuance, sale 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 the same discounts as county taxes. E. 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. F. 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 projects provided by this Ordinance are exempt from all taxes by the state or by any political subdivision, agency or instrumentality thereof. G. 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 goverrfing 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. H. Tax Liens. All taxes of the District provided for in this 'Ot;dinance, together with all p~nalties for default in the payment of the same and all costs in collecting the same, including a reasonable a~t~ omey's fee fixed by the court and taxed as a'cost in the action brought to enforce payment, shall, .frqln January 1 for each year.. the property is liable to assessment and, · "i~til p~l, 'cohs/itute · lie~ of equal' digtrite.with 'the li'ens'for. state .and', "' "'county tax~s anc[ other taxes ~f equal dignity wi~ :state .antl coun, ty ta~es .... upon all th~ lands against which such taxes shall be ievied. A sale of any A~ENDA ITEN of the real propcz~ withi~ the Dissect for state and county or other taxes ~o.~ 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 ahd~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. .~ 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 vAth 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. Star., 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 Distric~ upon the lands sought to be sold; and the District shall shar~. in the disbursement of the sales proceeds in accordance with the provisions of this Ordinance and ~nder the laws of the state. . Forec!0~t~r~ of Li~ns..amy lien.in f.av. or nfthe District arising. unde, r. thi.s~.. . - Ordinance may be foreclosed by the District .by'foreclosure proceedings in : . -- t~e namh of ~'Distri~.in a ~ourt c~f competent juri~cli[tion as provided by: general law in like manner as is provided in chapter 173 and amenomems, o. ro 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. Fees, Rentals and Charges; Procedure for Adoption and Modifications; Minimum Revenue Requirements. 1. The District is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, hereinalter sometimes referred to as "revenues," and to revise the same from time to time, for the facilities and services furnished by the Dislrict, 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. 2. No such rates, fees, rentals, or other charges for any of the facilities or services of the District shall be fixed until at~er 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-rulemak/ng 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, mid other charges 'shall have been published in a newspaper in the County and of general circulation in the District at ' ·. "l~as-*t ~pce and at least. tea (I0) days'.lSriof to' saoh public.heariag:~ '-. "-',. :'" Thd .rulemaking. hcarigg may be adjb..u~n. e~. ,..from .time .to, fi,me. ARer such hearing, such' ~heJule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals, or charges as finally adopted shall be kept on file in an of~ce designated by the board and shall be open a'.t 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 tmiform for users of the same class, and when appropriate may be based or computed either upon the amount of service fumishe~ upon the number of average number of persons residing or working in or othec~ise 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 issuance ofb.onds pursuant to this Ordinance. '"' 5. The Board shall have the power to enter into contracts for the use of the projects of the District and with resp~t to the services and facilities furnishec~ or to be furnished by the District. Rec.over~ Of Delinquent Charges.. ~ the ev .ent that any rates, fees,.'. . . · "'~' ' ' ' ' '" e~ " '"' When~u~ rentals, ~barg¢s, ~r delinquent,p~-na]ti¢s'sh~]! ~ot"b paid as and ' .....' ' '" ~ ....' "'and ~]~1! b.e i~ ~lefault for sixty (60) days or thereof and all interest accrued thereon, together with reasonabl~o.~ attorney's fees and costs, may be recovered by the District in 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 Co) 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 proper~d 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 ~ provided specifically in the administrative code with regard to the Collier County purchasing policy and or the Collier County human 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, ,hall become e .ff. ective upon receipt of acknowledgment fi'qm the Secretary of State that this Ordinance has been filed with. the Secretary of State. ,of Florida.'-' ' ' ~'C - 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 __ 2000 by day of Notary Stamp Personally Known Signature of Notary Public - State of Florida OR Produced Identification Type of Identification Produced F ;\USERSW~FOLDEN? elican Bay.~d EXECI'Ti\'E SI'.\IM-~.R~' EI)XA ARD J. FI'I_I. MER. \ICE PRESIDENT .&ND ACTING PRESIDENT. REPRESENTING THE GOODLAND CIVIC ASSOCIATION. APPEALING THE INTERPRETATION OF TIlE PLANNING SER\'I('ES DIRECTOR THAT TIlE DOI.PHIN COVE SITE DEVEI.OPMENT PLAN (SDP-98-40) \~'AS CONSISTENT ~VITtt TIlE PIL'RPOSE AND INTENT SECTION (SECTION 2.2.9.1) OF THE 'V!I.LAGE RESIDENTIAl. (VR) ZONING DISTRICT OF THE COLLIER COI/NTY LA. ND DE\ ELOPMENT ('ODE (ORDINANCE 91-102, AS AMENDED). ON THE DATE OF STAFF APPROVAl. OF THE SDP (NOVEMBER 12. 1908). SDP-98-40 AUTItORIZED THE DEVELOPMENT OF A 76-1/NIT MIJI..TI-FAMIIA' PROJECT ON BLOCK Y, TRACT 1. GOODLAND ISLE Sl'BDIVISION(PLAT BOOK 6, PAGE 7). OBJECTIVE: The ob, jec.,~Jx c of this exccutix c surernat,. is to prox idc ~]ae Board of Zoning Appeals ~BZ.-X~ C'ount~ C'otnnaiss~oncr~ xxith all rolevan: m~onnation re~ardin~ he above reit'fenced mauer. and to cstablisJn a complete record For consideration by tiao Board in rondotiara a dctcrnaina~ion CONSlI)ER-kTIONS: Sootier, 1.(,.{~. of the Collier County l_and Dcx 01opmcn~ Code establishes a procedure Ibr appeal of an official intcqnretation of the Planning Scowices Director. In accordance xvit}q Section 1.(,.o.. the board of zoning appeals Mnall adop~ tiao planning sea'ices director's intcqwetata,m. with or xx ithou! modifications or condilions. or rqicct his intcqwclation. The b,_,ard of /onip~, appeals is not aulhorizcd to roedig\ or reject the planninu serx ices intcqwctation unless i1 finds On August 4. 2(~"). staff received a rcclUeSt lbr an official inteqwcmlion of lhc Collier ('ounlx [_and Dcx cropmen, ('ode (I_DC) subnaittcd bx Pamela A. Stoppclbcin. Scoretar\, reproscaling the Goodland ('ix ic Association (Exhibi~ "A"). On Augus~ S. 2{)0(). a let;or xt as sent to Ms. Stoppclbein indicalin~ that ll~c roe!nest tbr intcUwelation was deemed to be complete I Exlnibit "B"). Once an official requcs: has been deemed ~o be conapleto. lhc LD(' requires lhat willain 45 days. the Planning Se~'ices Direore:' must ~ssucthe~ntcq~rctat~on.'Ihcot'iicialintcrlwctation. rendered onAugust31.2f) ( was advertised in 1he Naples Daily Nexxs {Exhibix "C") and propel%' owners within 30f feet of the subject site were nell fled {Exhibi~ "D") in accordance x~ ida tiao p~ocedurcs established in Division 1.6.6 of tl~e LDC. The request for interpretation focuses on the legalit5' of lhe site development plan {SDP-95-4()~ approved for the 70-unit Goodland's Dolphin Cove multi-family project. The requesl specifically asks for an imeq)retation of v, hether or not the Silo Plan, when approved by County Planning Staff. xx'as consistent with the purpose and inten! section of the VR district (Section 2.2.9.1)~ A copy of the Planning Services Director's Official Inteqwelation Letter is attached (Exhibit "E"). In preparing For the rcndcnn,~ of this official interpretation I rexiexved and relied on the following documents {in addition to those cited elscx~ here in dais executive summa~T): l)ocu men! (~rdi nancc 'Re~,Hu m~ n I)alm s I Exhihi~ };l>!]l,'i',.l \ ] i3~k RVSIGC~]d~li Ordinance -. i 6 \':lla,;c rcs~dc:u:a] Januar~ 1982 through ()cumber Ll)t Sccuo~:2.2.t~\'~!iagc residential d~>tnc: ~\'R~ ()rd:nancc 9i-1¢C as thc language cx~-,tcd at adoptton m October. 1991. [.ffcctlvc Won,, ()ctobcr 199! to pr¢_,,cnl \ 1;:auc ():dinanco' ')]-i~C. a> amended :n Effcct:xc from "1" ~l::u.c> Ir(~mthe hla'., 2(,. !gt)t) ~ .k Nla,, ~(, ~9()9 ".1" [{('( ] l)( .-Sd'~ CFll-cc B( '( I D( Ad,, c:u,.scd (.t,p> ot'~I~'-~-~~'~'})]~r ~ ~ .V?proxcd N,u. 12. "i- l-dx~ a:'d I'ullntc:'~ 'lhc' of'ficia! ~ntcrt-~rcuition (Exhibit "E"I so'is lbrfi~ in detail l}~c rationale used in malta,_' th;> ip. tc:-prctation. In stmqmar~. my inlcq~rcmtion is as follox~ s: O~er the years. lhe \-R districl has beeu amended Io clarif~ the purpose and Julcut of lhe di~lricl. 3Ian~ uses ~here remo'~'ed, and development stnndards ~ere revised Io betlet prolecl nnd maintain the residenlial village character of the VR district. ThrouEhout, ho~ever. multi-famih' d~¥elliugs have remained a permitted use in the VR district siuce its inception. When the Board of Conair Comnfissioners adopted Ordinance 91-102, the Collier County Imnd Development Code, thai ordinance expressl)' authorized multi-family d~veilings as a permitled use in the VR district. The Board implicitly delermined that a multi-family development ~'hich meets the conditions for adminislralive approval ~'ould be consistent with the purpose and talent of the VR district. Slated more genernlly, any permitted use in any district meets the purpose and intent of the respective district, provided all administrative conditions for its approval have been met. l.ast 5'ear, the Board expressed concerns related higher intensity multi-family developmen! in the VR district. especially as it app!ies to Goodland. For this reason the Board subsequenth' amended the I.DC and further direcled staff to develop a Goodland Ox'erlav. This does nol mean, holyever, that SDP-98-40 is invali~r,,u~ not legall) approved. as it ~as approxed prior to the Board's direction to dexelop the oxerlax. Certainh staff is precluded from making an administratbe determination that a use that meets all of the ~arrants for appro~'al ;,'ithin a specific zoning district. is not compatible and therefore should not be granted appro;ai. Based on the foregoing. it is tax' official interpretation. that the Goodland's Dolphin Co,'e SDP-98-40. having met all of the conditions for approval in effect on the date of approval. was legall3 approved and ~,as consistent ~,'ith the purpose and intent of the \-R district on the date of approval. This SDP is ~'alid until November 12. 200(L Should de~'elopment.construction commence prior to that date. in accordance Section 3.3.10 of the i.D('. the SDP will not expire. FI SC-XL IMP:XCT: (;RO\\ Ill ;Xl \N .\(;I-]\lIEN1' I'XlP \(1': RI-~('O ~I ~,I EN D.\TIOX.~: PREP.\REI) ROBER1 J. ;~I['I.t!ERE. AI('P PI...\NNIN(; SF.R\'I('I(S DEP.-\RI'.XlENT DIRECTOR DAI-E GCA August 4. 2000 Mr. Robed Mulhere Director of Planning Se,~;ices 2800 N. Horseshoe Drive Naples. FL 34104 Re: Village Residential Zo .....g Dear Mr. ~,~ ~lh,'-,r~. Please consider this letter a request from the Goodland Civic Association of Goodland. Florida that you provide an official interpretation of the Collier County Land Development Code (LDC) for "Village Residential". The LDC zoning classification statement reads in part: "The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally uses are located and designed to maintain the village residential character of the VR district." The Goodland Civic Association questions the legality of the site plan approved for the Dolphin Cove development in Goodland. It is our position that the proposed development did not meet the characteristics outlined in the LDC at the time the plan was approved, with specific reference to the land use, density and height issues due to the massive scope and style of that development plan in such a small, one-square mile fishing village. We doubt those involved in the various stages of that approval were aware that a 76-unit condominium development would literally double the population of our tiny island. As you may recall, it was our residents' strenuous objections to that site plan as well as the subsequent representations made during the May and June, 1999 Board of Commissioners meetings that started the zoning overlay process. in .......................... Goodland. To date we have had 8 highly publicized public meetings and hope to NOV 2 8 200[' :, FXHIB1T ",V' ~( Mr, Robed Mulhere August 4. 2000 Page Two complete that process within this calendar year. In addition, our Vice-President Edward J. Fullmer asked County Attorney Weigel whether the site plan and building permits issued to Aqua Circle, Inc. for this development was legal in light of our contention that it does not meet the zoning requirements at the June 16, 1999 Board of Commissioners meeting Please find enclosed our check for the required fee of $100 payable to the Board of County Commissioners for your interpretation and review, if any. If this letter does not fully meet your requirements please advise as soon as possible Thank you for your consideration of this matter. Sincerely Pamela A, Stoppe!bem S~"'~'"+°"" GCA HAND DELIVERED CC: CGA Board Members Commissioner Timothy J, Constantine. Chairman Commissioner David E. Brandt, District 1 Commissioner James D. Carter, District 2 Commissioner Pamela S. Mac'Kie, District 4 Cor.'nmissioner Barbara E. Berry, District 5 County Attorney David C. Weige! County Manager Thomas W. Olliff .t-; NOV 2 COLLIER CObqNTTY GOX RNIVIEN COMMUNITY DEV'ELOPMEN'I AND EN~qRONMENIAL SER\q£?ES DI~qSION .Augus', 8. 200(! Planning Services Depar;mvnt 2S(0 North Horseshoe Drive Nlaptes. Florida 341{~4 Ms. Pamela A. Stoppelbein Secretary. GCA GCA - Goodland Civic Association Post Oftice Box 571 Good!and. Florida 34140 RE.[: Village Residential Dear Ms..q'topp&bcin: \\h: arc in receipt of,. our Ic'tter requestiug an official zoning in;c~retation oldie Gellief Count\ Land De\ elopmem ('ode on the above rellvenced village residential character of the VR district in regards to the site plan approval Ibr dac [)olphin ('oxe dexelopmem in (;oodland. B,.:_scd up,.m mx re'. icy,. I ha,. e dc;crmincd x our rcqucs~ to be co. replete. Pleast: be advised Division 1.6 of the C'o'~lier Cent'x,, Land I)cxel,.,pmcnt Co, de prc,,'ide~ for a maximum time frame of 45 dax s x\ithin which tiao i:'~tcrpretation must bc rendered. lfxou have anx further queslions. please do not hesitate to coalact my office, \'erx Iru]x yours. 'Robert J. Nlulhere..-\ICP Planning Services Department Director RJM ckm CC: Tom Oilifil. Count\' Manager Rich Yovanovich David Weigel. County Attorney Marjorie Student. Asst. Count>' Auomev Patrick White. Asst. County Attorney Ph¢,ne; 941 ~ 40:-;-24(1(~ Fax ,941,643-696S EXHIBIT "B" Naples Daily Hews Naples, FL 3&102 Affidavit of Publication Naples Daily News COLLIER COUNTY COMMUNITY DEVELOPMENT 2800 S HORSESHOE DR NAPLES FL 34104 REFERENCE: 059926 58119185 NOTICE OF OFFICIAL State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on omth says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper p~blished at Naples, in Collier County, Florida: that the attached cop% of advertising was published in said newspaper on Oates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in sale Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post oftice in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement/ and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement ~o' publictiaa in the said ~ewspaper. PUBLISHED ON: 09/10 NOTIC1E OF OFFICIAL INTEEORETATiON Notice O1 Interpretation O1 Collle~ Count~ Land Deve4acrr~,~, C_~J~__ - Pursum"ff to DIvlsk:m 1.~ of the Collier County L(anc Development Co(~ os amended, pubtic ~lce !s hereO¥ glve~ o~ un official Interl)rataflon. The lnterpre,k3~)n Is of Section 2.2.9oL PURPOS~ AND INTENT ~ fhe LDC Di~e and trffem of file V11- Resl~wW~ol Zonlr~ The stt~ w~ mc~ by the land Civic '. The re~lUeS~ fc, r lnterpre*atlo~ specl'fi- the she development p(an (Goo~and's DoiphJn Cove SDP-98-40) approv- e,~ for a?~-unlt mul~- ~omll¥ developme~ Bi~cl~ Y, Troc-t 1 Innd t5 · SubdlvJs on Boo~, 6, Page 7) was le- gally gpprove~ and was consisterr* wllth the POSE AND INTENT of the Vlllo~e Residential Zoning Distrim. The ColHer Plantrina Services DIrec- t~- Is charIDeal wtth ren- dering official interpretations of the LDC. Based upon my re- view of oil relevant tars, It Is my official Interpr etalion thcrt tt~e Goodlond's ~'olphin Cove 5DP-98-40 haying me+, a ol the conditions fo~ approval in eflec~ on the ck~fe of approval, was golly approved and was conslsterff with ~e pur- pose end inlerrt of the VR dts~Yld on the d<~te O1 provol. This project's $DP Is v~lld urdtiNovem. bar 12, 2000. Should d e v eJoD rn e ~t conslTuCfion commence prior to theft ocrte, in AD SPACE: ~,33.~ iNCH acco~oonce w)tn Semior 3.3.10 of lt~e LDC, the FILE~ ON: 0g/1! SDP wlil no"expire. For o ........................................................................ COp~ Of ~e OCtal into'. Signature of Affisnt ~/~' comoc~ tne Cob,e- ,~c~'- ~ Planning So, ices De- Dormant ¢ 403-24~ Sworn to ~nd Subscribed galore me thls , ~ ds) of ~ -'~ N~n ~shoe Dr';ve, ,.~ ' ~ Naples FL ~104, ~en- Personslly known by me %~_~'~ ~ ~ ;'-~ tionC~llaMa~in. Within 30 ~3ys of cation of this public tice, any offectea grieved m ~v~lv ~ ~ Z~I~ ~t~ An a~e~ Dr~e~ o~ ~ ed ~ln ~ ~ ~ 1s ~ ~o~ ~e- velopmenf Code. r~ ~ ~ mu~ ~, exh~, ~ The ~ mu~ ~ ~hc~lon a~ priess- ing 1~. (~ paymere sh~ld ~ m~ o~ ~n ~ ~e ~ress ' ~vi~ PJ~ ~ (bobmulhere~lller. ~ls ~r. ~Hier Cou~ ~lannln~ S~i~s Dire~m. S~. ~g No. EXHIBIT "C" Pursuant t<, and l)cxc}~,l~mCnl t'odc. k,i:lC,_'l',.'r. . EXHIBIT "D" ;qo¥ 2 8 2000 ~. , ~ . [,~C'tl[t'~/ eli?t/ ~/c'S/~!lc't/ l~l Ill~lJtlltli~l tl tillage re.~idential characa',' ~'hich is generally hm profile, rOali~e13' sinnil huihling fimlprinl~ as is lhe curtertl nppearance of Goodland nnd ('opeland. The I'R tii.t/,'iv[ EXHIBIT "E" P, nckgr~,und \Vhilc tin<: P, oard cohere'red that these amendments and tiao nccd to dcx c;op the (ioodla~d of site imprex ements. including. btH not limited to. parking. water management lk~cilities. landscaping. utilities. or vertical conswuction has commenced prior to November 1' 200f the SDP will not expire. The original building permit issued tk~r Phase One expired on Nlarch g. 200{)Idt~e to a lack of activitv l. This permit was reissued on .&ugust 18. 2000..A permit Ibr Phase l-x~o is currently under rcxiex~ in the Building Revicxx and Permitting Department but has not been issued as o1' this date. ()tl',,t,r l~,elex'an! Factors EXHIBIT "E" care Fhu Jix. trict puxp,,>c ~q the VR dism,.'t under / )rd~nxncc g_-_ read as relier, s ,rio> ,.,r 5~ foes. ~hic)~ cxer is grouper. ~t~ a maximum hcig}x of 35 tL'e~ ~br muhi-thmil~ ~and 3(~ Icc~ ibr o~hcr residential use>). The I]]:lXiI21Llllq 11oighI applied to muhi-fami~,~ pro.iec~ ~> ~5 foot. consistent x~ ith the ~hcn applicable VR distric~ standards. Intt, rpretati~n ~.)xer tn~: xcars. the: VR dix:ric'~ ha> been amended to clarifx the purpose and intern of the district. hlanv use> x~hcrc rcmoxcd. and dcxclopmcnt standards were revised to better protect and maintain the residc,~tial rillace chnrct:ter of the VR distrio Throt~ghou~. ho~exer. muhi-famitF' d~vcllings have remained a permitted use in the VR district since its inception. When the Board of County Commissioners adopted Ordinance 91-102. the Collier County Land Development Code. tl~:~t ordinance expressly authorized muhi- l~milx dxveltings as a permiued use in ~he VR disxrict. The Board implicitly determined that a multi-lhmi15 development xxhich meets the conditions for administrative approval xxmfid be consistent xvixh the purpose and intent of the VR district. Stated more generally. an5 pertained use m anx district meets the purpose and intent of the respective distnci. pn~xided all administrat~xc condiuons Ibr i~s approya} haxc been met. EXHIBIT "E" Xoticc of Interpretation and 3ppeai I*roce(lure~ n:uil. rdu:-~ :'c~c~;'z rcc:uc-zct..X~ lhi> i~ :: ~ilC-,l'CCil]c intcrprctzt!i,m. all prepeFt) ~,',~ fiqc ~ntcrprctation i, cribtrix c...Xn ag,~riex cd or adx crsclx afIkctcd party is defined as .k reqt cst ilar appeal must be filed in xxriting and mtlSl state the ha>is lbr the appeal and (bobmulhere u collicrdox .net) should you haxe any further questions on this lnattcr. R,',hcrt .i \]uii:e~'c. \[.'. i) EXHIBIT "E" ;'aO .....~ ~j.,, L; NOV 2 ( .V..luu (, ir,_'l,:. l:'u..'. EXHIBIT "E" Section 27. FVR - FISHING VILLAGE RESIDENTIAL DISTRICT. 1. District Purpose. The provisions of this district are intendea to apply to areas where a mixture of residential use may be permitted to exist in com- bination with fishing equipment and structures, their maintenance repair and storage, and facilities for processing fishing catches. Because of the unusual nature of these developments and the importance of the tourist fishing industry, certain commercial uses may be permitted in close proximity to the residential uses. Standards for development will recognize the unusual land ownership configurations which normally exist in such fishing village. 2. Permitted Uses and Structures. No building or structure, or part thereof, shall be erected, altered or used, land or water used, in whole or in part for other than the following: A. Permitted Principal Uses and Structures. ~1')' Single-'family residence. (2) Two-family residence. (3) Multiple family residence~ providing that all such uses containing more than six (6) dwellino units shall conform to the provisions of the ~M-2 District. Mobile Homes. (5, CLutches ar~ ctker ~]eces of worship. (6) Civic and cultural faciil%ies. (7) Transient lodging facilities. (8) Fraternal, social and recreational clubs. B. Permitted Acc. essor~ Uses and Structures. (1) Accessory uses and structures, including private garages. (2) Private boat launching facilities and multiple docking areas, including those uses for charter business or party boats, when operated by the residents of the principal use. (3) Storage, repair and maintenance areas and structures for fishing equipment, when used by the residents of the principal use. (4) Boat yard and way wh. en used residents of the principal use. (5) Signs subject to the provisions of uses may be permit~'ed ~'U~jec% to ~h~ EXHIBIT "F" i! of this Ordinance. (1) All commercial uses permitted in the GRC Commercial District. (2) Fish loading and unloading, storage and processing activities, provided the performance standards of the industrial district are observed. 3. Minimum L~..t.Area Requirement. A. Single-family residence- 6,000 square feet. B. Mobile homes- 6,000 square feet. C. Two-family Residence- 6,000 square feet D. Multi-dwelling- 3,000 square feet per dwelling unit· E. All other- None. 4. Minimum Lot Width. A. Sixty (60) feet as measured at the front yard setback line. B. Mobile homes - Sixty (60) feet as measured at the front yard setback line. 5. Maximum Lot Coverage. Fifty (50) percent. feet. feet. Minimum Yard Requirements. A. Dep6h of Front Yard Setback- ~'entv (20) B. Depth of Side Yard Setback- Five (5) feet· C. Depth of Rear Yard Setback- Twenty (20) 7. Minimum Floor Area of Principal Structllre. A. S~nc]e-fa~]v res~d~nc~- 600 scuare feet, B. Muiti-dweli:ng residence- 400 square feet per dwelling unit. 8. Maximum Height of p~%ncipal structure. five (45) feet. Forty- Minimum Off-Street Parking. A. As required in Section 18 of this Ordinance. EXHIBIT "F" 136 7.16 VR - Village'Residential District: ao District t~: The provisions of this district are intended to apply to areas where a mixture of residential uses may be permi~ to ex/s~ in combation wi*-h fishing repair and storage, and facilities for processir~ fishing catches and agricultural products. Because of the unusual nature of these develo~m~_nts 'a/%d the importance of the fishing and agricultural in~, certain c~L~rcial uses may be permitted in close proxirmity to the residential uses. Standards for development will recognize the unusual land ownersh/p oonfigurations whidu normally exist Uses ~nd St~uctures: No building or struckare, or part thereof, shall be erected, altered or used, land or water used, in whole or in part for other than the follc~,ing: 1) Pe~r, Ztted Principal Uses and Structures: (a) single-family residences. (b) Two-family residences. (c) Mobile hc~es. (d) Multi-family residences. Rev. 1!0 (e)¥amily s.53). Care Facilities (subject.. to Section 2) Perr. ltted A~sory U~ and Structures: (a) Accesser%, uses and structures, including private (~:) Private boat launchir~ facilities and ~altiple docking ar~a~, including those uses for charter bus~ or party~, when operatedby the residents of the principal use. (c) Storage, repair and maintenance areas and structures for fishing and farminq equipment, when used by the residents of the principal use. (d) Boat y-~rd and way when used by the residents of the principal use. Rev. 110 Ord.91-34 46. EXHIBIT "G" 3) Rev. 110 0rd.91-34 Perm~,Jtted Pr~:5_=ional Uses &qd Structures: (a) Antique shops; appliance stores; art sutdios; art supply shops; aut/m~bile parts stores; autn~obile service stations withcut repairs; and awning shcps. (b) Baker5' ~hcps; bait and tack/e shops; banks and fir~ncial institutions; barber and beauty shops; bath supply stores; bicycle sales ar~ services; blueprLnt shops; kookbinderm; book stores; ar~ (c) C~pet and floor covering sales - which may include storage and Lnstallation; churches and ct~her places of wormhip (See Section 8.11); civic and cultu/-al facilities; clothing stores; cocktail l~m~ges; cu:~_rcial recreation uses - indoor; cc~7ercial sc~hoots; and confectionery (d) Delica+~_~sens; depa~r~_nt stor~; drug stores; dry cleaning shops; dry goods stores; and (e) Ele~rical supply stcres. (f) Fis~h rarket; fart. rarket; fish'and agricultural product lceding ar~ ur2 oading; storage and processing a~ivities, utilizing developr~nn s~mndards of the Ir~strial District; florist shops; fraternal and social clubs; funeral hc~es - ray irkrlude a~ry resid~qoe; furniture stores; and furrier shops. C-=2~-Aen sapply stores - outside disk. lay in rear; g~'~-al cifice~; 92!2 s2~o~; glass and r~irrcr sales - %~ic~h may L~clude storage and installa-- tion; and gourmet shops; and Group Care Facilities (Category I and C~tegory II) (subject to Section 8.53). (h) Har~,~re stores; hat cleaning and blocking; health food stores; and hobby supply stores. (i) Ice cream stores. (j) Jewelry stores. 47. EXHIBIT "G" Rev. 110 *REV. 6 Rev. 110 Ord.91-34 (k) laboratories - film, research and testify; launf~ies - self-service only; leather goods; legitirate theatres; liquor stores; ar~ lock- (1) Marinas; markets - food; markets -meat; medical clinics; millinery s~; motion picture theatres; museums and music stores. (m) New car dealerships - cutside display permitted; ar~ news stores. (n) Office supply stores. (o) Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; potter), stores; printing; ~ablishing and mimeo- graph se~'ice; private clubs (See Section 8.11); and professional offices. Radio and television sales a~l services; research and design labs; restaurants - not includL~g drive-ins. (See Section 8.11). (q) Shoe repair; shoe stores; shopping centers - less t~n 25,000 sqtuire feet gross floor area on grom~i floor; souvenir stores; stati ona~f stores; and supe~rarkets. (r) Tailor ~hops; taxidermists; tile sales - ceraric tile; tobacco ~hops; toy shops; travel trailers, and tropical fish stores. * (s) L~hc! stery s~hops. (u) Watch and precision instrurent repair shops. Any other commercial use or professional service which is c~sarable in nature with the foregoing uses and which the Zoning Director de~ to be c~t~atible in the district. 48. EXHIBIT "G" *Rev. 90 d. ee 4) tarohibit~d Uses ~nd S~dc~3~res: An}' use or not specifically, provisior~!ly or By rea~or~le implication pe_mr, itted herein. Deve 1 onm~nt Stamdards: 1) (a) Sir~le-f~vily residences - 6,000 square feet. (b) Mobile home~ - 6,000 square feet. (c) Twc~f~q~ily residences - 6,000 square feet. (d) Multifam,,i ly c~el i Lngs, hotels, motels, share facilities facilities - 3,000 Knit. time rand trarK iant !odgLng ~e feet per c~ellin9 (e) All other - none. 2) M"~,~?~--. Lot WidtY~: Six~cy (60) feet. MJni~ Ya~ R~ira~: (a) ~ont Y~ ~,~m - Tw~' (20) f~t. (h~ Side Y~ ~-~m - Five (5) (c) ~ Y~ ~m - ?~n~~ (20) f~t. 4) b~m>:~ HelOt of ~~: Five (5) s~ri~ or =~' %tiahev~ is ~t~. S~le-f~ly- 550 ~:.~re f~t. (c) Mobile H~ - 550 ~e f~t. Si~: ~ ~t~ ~ ~e ~11i~ ~' Si~ ~ 89-60. ~'~ Off-~t ~k~: ~ r~~ ~ ~ion 8. N~L~ ~p~ R~m~: ~ ~ion 8.30. *Rev. 90 Oral. 90-13 49. EXIIlBIT "G" SEC. 2.2.9 2.2.9.1 '~.9.2 2.2.9.2.1 2.2,9.2.2 2.2.9.3 V]I_La,(~E RESWF.N'TbtL DI~'TR]CT Purgos_ e and Inlenh 'l'he pur~s~ and intent of the Village R~identi~ District O'R) ~s ~ p~vide I~ whe~ a ~xm~ of ~id~ti~ ~ ~) e~st. Add~tio~lly, ~ ~ I~ ~ ~m ~e village ~identi~ c~r of ~ %~ District. ~e VR District ~n~ ~d ~le~ ~e Mix~ R~ide~u~ l~d ~ d~i~at~o~ on ~e I~~ Fum~ ~d U~ Map of ~e ~er ~ Oro~ Mmgemeni ~1~. h is mmd~ for appb~tion m ~o~ U~ ~ oumde of ~e ~ml U~ ~ d~i~a~ on ~e Fum~ ~d L'~ Map of ~ly Gro~ M~age~nt PI~. ~e ~imum d~i~ ~ible m ~e Village R~identi~ D~stnc~ ~d ~e U~ Mix~ L'~ l~d ~ d~i~ation sh~l ~ ~id~, m part, by ~e De~iD ~tmg Sys~m ~n~m~ m ~e Fum~ ~d U~ Ele~nt of ~e ~er ~ty Gro~ M~gement Ply. ~e ~~ densHy ~ibie or ~ m a district s~I ~o~ · e demiD ~ssible ~der ~e D~ity Rating 5ys~m or ~ d~i~a~ on ~e Imme~l~ Future ~d L'~ Map of ~e Gro~ M~age~nt Per'rnittc-B ~,',~e~. The following cu.,es ~ per'~mrt~ ~ of n~:ht, or ss uses a:cessor', to use,s, un t.,he Vdla.~e Res~dermal Dxstnct t's~ %cc~so~ to Pgr'miltcd ~e VR D~stnct. P~xate N~atko'm~s ~qd d~ks. subj~t ~ S~.: ~= des:~ate~. rexie~e~ ~d apprcxed on a s:~e de',elc. FmC=: F;~ or ~x~sson pia! for that dexelopment. R~r~:~on~ faz~l~t~e~ ~x m:!ude. bur are i~=~t~ :c, go',: cou~, clubbed, ~'~:2 cen~er bu:J:mg ~: ~s lacliitl:s. parks, pla? gro~ds ~d SIonge, ~pa~r ~d ~m~ce ~ ~d s~c~r~ for fis~g ~d fang ~mpment. ~hen ~ by ~e r~iden~ of ~e ~mt~ ~. ConditJort~l Us.es, The follov.-mg ~ m'~ permossible ~s conditions] use. s m the Village Re.s~dent~al Distnc~ CVR), subject to the sttnd.trds ~d proceclure.s est.abllshod in Div. 2.'/'.4: Boat yards and m, anna. s. Cl:dld car~ centers and Adult day car~ c..~ters. Churches and other houses of wors):up. Civic and culturnl facilities. Cjuster housing, subject to Sec. 2.6.2'7. Code 2-25 EXHIBIT "H" 2.2.9.4 Fraternal ~ncl social clubs. $chc~ols, Pubhc ~d Pro ate. Group ~re F~citm~ (~go~ ] ~d II); ~e L'm~; ~d Nunrag Homes, ~b~ w 5~. 2.6.26. R~tion~] f~ihti~ menriM ~ ~m'e ~ existrag ~d/or developrag ~idential ~mm~D' ~ ~n~ by ~I of ~e pw~m~,,qo~'p~ls mcl~ m ~ ~ppro~ Pml~ Sunivision Pl~t, PL~ or S~ De~el~pm~t PI~. ~e ~ of ~d ~t~o~ f~iliti~ sh,11 ~ li~ w ~c o~en ofpw~' or ~up~ of ~identi~l d~ellmg ~ ~d ~eir ~ ~q~ ~e ~ of appmv~ Prel,min~ Sunivision PIs~, or Si~ Des eloper PI~. PLmen.4orml $Umdard.s, The follo,*'mg dir~sionx] sr~.n~rcts zbdl mppI) te ~11 pertrotted. a-.z.e-sso~, ~d ~ondmonal u_,,e-s m the Vdlage Residemi,] D~stric! O,'R). ~., I!i~ Lot '~ +ee: ~5 ~eet Sec. 2.6.2 ~ ~ee: 3: ~eet 3C +eet Sec. ~.6.2 3: 4eet the b, uiL~i~g height Cove'aGe: O~f-Street Plrk{r~ mr~d Lo~d{r~. As required in D~v. ~.3. AS rec~ire~ in C) iv. 2.~. ~ De~ew£~.em Code 2-26 EXHIBIT "H" COLLIER COL~iT LAND DEX~ELOPMENT CODE §2.2.84.3 2 Side yards--One-half the building height as measured from each exterior wall with a minimum of fifteen (15) feet. 3. Rear yard--One-half the building height as measured from each exxerior wall with a minimum of 30 feet. 2.2.8.4.4. Maximum he,ght, Ten stones or 100 feet,' whichever is greater. 2.2.8.4.5. Maximum densit3 pcrmitted. A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares and multifamily when located within an activity center or if the RT zoning was in existence at the time of adoption of this code. When located outside an activity center. except as provided above, the densit5, shall be determined through application of the density rating system established in the Collier County gro~th management plan, but shall not exceed 16 units per acre. 2 28.4 6 Disrancc bcta'e~7~ struc~z~rcs. Between anv two principal buildings on the same parcel of land, there shall be provided a distance equal to 15 feet or one-half of the sam of their heights, whichever is greater. For accessory structure yards. see section 2.6.2. 22.8.47. Floor area requirements. 2 28 4 71 500 square foot ~:h~imum for timeshare facilities Requirements for multiple- family. efficiency. 450 square feet: one bedroom. 600 square feet: two bedrooms or more. 750 square feet. 2 2.8 4.7.2 300 sqUa?e foot minimum with a 500 square foot maximum for hotels aLd motels, except that 20 percent of ire total units may be utilized for suites. 2 2.,',.1 > 3I~:ximur,~ lot cot craft. ~Reserx'ed. ~ 2 t > ; t, (~,V-?," '; !'cri~"~K ,t,d o;¢~-str',c: iooaht~g. As requirpd in division 2.3 2.2.b,5. Signs. As required in division 2.5. ~Ord. No, 92-73, ~ 2: Ord. No. 93-89, § 3; Ord. No. 95-58, § 3; Ord. No. 96-21, § 3; Ord. No. 97-26, § 3.B, 6-4-97~ Village residential district (VR). Purpose and intent. The purpose and intent of the village residential district (VR} is to provide lands where a mixture of residential uses may exist. Additional]y, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland. and Copeland. The VR district corre- sponds to and implements the mixed residentia] land use designation on the hnmokalee future land use map of the Collier County growth ~ management plan. It is intended for application in those urban areas outside of the LDC2:34 EXHIBIT "1" . ~W. _ . Sec. 2.2.9. 2.2.9.1. ~upp Nv ? ZONING § 2.2.9.3 2.2.9.2. 2.2.9.2.1. 2.29.2.2. 2.2.9.3. urban area designated on the future land use map of the Collier County grov~th management plan, though there is some existing ~?R zoning in the coastal urban area. The maximum density permissible in the village residential district and the urban mixed use ]and use designation shall be guided, in part, by the d.ensity rating system contained in the future land use element of the Collier County gro~th management plan. The maximum density. permissible or permitted in the \rR district shall not exceed the densi~' permissible under the density rating system, except as permitted by policies contained in the future ]and use element, or as designated on the Immoka]ee future ]and use map of the growth management plan. Permitted uses. The following uses are permitted as of right. or as uses accessory to permitted uses, in the village residential district Permitted uses. 1. Single-family dwellings. 2. Duplexes. 3. Multiple-family dwellings. 4. Mobile homes. 5 Family care-facilities. subject to section 26.26. [Tscsaccessore' to permitted uses. 1. Uses and structures that are accesso.,?' and incidental to the uses per.mitted as of right in the \7{ district. '2 Private docks and boathouses, su~ect to sections 2 6.21 and 2.6.22. R(,creatJona] facilities that serYe as an integral pan of a residential devel¢,pmvnt and have been desiFnated. reviewed and appruved on a site Recreational facilities may include. but are not limited to. golf course. clubhouse. commumty center building and tennis facilities, parks, play- grounds and pla?ields. 4. Storage. repair and maintenance areas and structures for fishing and farming equipment, when used by the residents of the permitted use. Conditional uses. The following uses are permissible as conditional uses in the village residential district fVR), subject to the standards and procedures established in division 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marinas. 2. Child care centers and adult day ~are centers. 3. Churches and other houses of worship.. LDC2:¥3 EXHIBIT "I" N o v 2 8, 2.2.9.3 COLLIER COLZNTY L~\T) DEVELOPMENT CODE 4. Civic and cultural facilities. 5. Cjuster housing, subject to section 2.6.27. 6. Fraternal and social clubs, 7. Schools, public and private. 8. Group care facilities {category I and IIh care umts; 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.AC.; all subject to section 2.6.26. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary_ subdixdsion plat, PIll) or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwelhng units and their guests within the area of approved preliminary subdivision plat, or site development plan. D~mr~s~.,~mJ smr~dc~rds. The following dimensional standards shall apply to all permitted. accessor>.'. and conditional uses in the village residential district ,VR, Front yard Side yard Rear yard 20 feet 35 feet 35 feet Section 2.62 35 feet 5 feel~ 15 feel 15 feet Section 2.62 15 feet 20 feet 30 feet 30 feet Section 2.6.2 30 feet *Waterfront: 10 feet 4. Maximum height' 30 feet 30 feet 35 feet 5. Maximum 7.26 units/ 8.71 units/ 14.52 unit~~ density" gross k, ross gross 6. Distance between N/A N/A ¥~ sum of structures the building height Minimum floor area. IReserx'ed.~ Maximum lot coverage. /Reserved.t ()if-street parking and loading. As required m division 2.3 15 feet 50 feet N/A N/A N/A LDC2:36 EXItlBIT "I" ZONING § 2.2.10.2.1 S:ngI¢- Fart, U3 Dwelizr~' Multzpie. and Mobile FamE? Accesser3. Home Duplex Du,ellmg Uses Conditional 10 Landscaping As required m division 2.4. * No building may contain more than three levels of habitable space. ** Actual maximum density shall be determined through the application of the density rating system, or applicable policies contained in the future land use element, or the Immokalee future land use map established in the Collier County growth management plan. not to exceed the above specified density for each use. 2.2.9.5. Signs. As required in division 2.5 lord. No. 92-73. § 2: Ord. No. 95-31. § 3, 4-18-95: Ord. No. 95-58, § 3: Ord. No. 96-21. § 3: Ord. No. 97-26, § 3.B, 6-4-97; Ord. No. 99-6, § 3.A, 1-27-99: Ord. No. 99-46, § 3.A, 6-16-99~ Sec. 2.2.10. Mobile home district (MH). 2.2.10.1 Pz~rposc arid intent. The purpose and intent of the mobile home district f511t, is to provide lands for mobile homes that ensure they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County growth management plan. The maximum density permissible in the mobile home district and the urban mixed use land use designation shall be guided. in part. by the density rating system contained in tb,~ fu;ure land use elem~-nt of the Collier County growth nmnagement plan. The maximum density permissible or pernutted in the 511-t district shall not exceed the densits' permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the growth management plan. 2.2.10.2. Permitted uses. The following uses are permitted as of the right, or as uses accessory to permitted uses, in the mobile home district IMH). 2.2.10.2.1. Supp No 9 Permitted uses. 1. Mobile homes. 2. Family care facilities, subject to section 2.6.26. 3. Recreational vehicles {RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific ar~a~-fO~TC~'~. EXHIBIT 'T' w~at ~art~d it. ~. ~:NO: YI~. h~bi%able floors ~kall be =~ over o~e floer. one-~=~ perkin~. de~'el~pm~nts th~ ~uld hav~ b~sn allowed without ~akln~ thane CCM~IeBiONER 9~Y: Right. CQ~IS~IONER ~T~R: Okay, _ l)a~c 16 -- o1'45 ~ ... Pouered bx l.aserFiche ~&'ebLink x4.3: Registered to Collier Coumx (_'Jerk of Court ~ '~ ~x , EXHIBIT "J" hup: x~ wx~ .clerk,collier.fi.us scripts 'LFWebI~ink.exe weblink browser.html?doc=S813~tx CHAZRWO~ ~C'KIE: But th~ ~ha~ jus~ -- tha~ ~21 on!y a ~P. WOF~¢ ~C'KiE, -- an~ C~t :8 ~or. mtk~ i want C~i~ ~C'K~E: Y~ know, 3ve~adei City ha~ th~lz ~hc oh~rm~er of o'~r v~ilage ~f we ~cn't prot~c~ CO~lSglONE~ C~gT~'Til,~ This !a the firs: stop ar~ innerira. C~I~0~%' F~C ' KIB ' I got Fou nexc amendmen~ cycle If you oo dlreo: u~, mnd we're only to give y~ direcolon ~a~ C~ ~erlay :h~t you a e C~IRW0~ ~C'KIB. Well, th~re'~ two pmople that are som~=nlm9 include s~e ~Ika from ~okoloekea, CO~F~I$Sr0NER BBP. RI': Consider iL said Poueredb,, LaserFicheV. ebLink v4.3 Re,zisteredtoCollierCountx ClerkofCoun EXHIBIT "J" http: xxwv,'.clerk.collier.fi.us scripts LF\Vebl_ink.exc v, eblink broxvser.html?doc=5813&type=in'rage.'. =~-08 '20 '2(hi'j ..... MR Mc~: M:. Yc~cvlch haJ ~o~her m~cak:r. I g~cmm they wan% to foilely each other at the caa~rwo~n'~ -- C~ZR~C~ ~C'KIE; NO C~iRW~ It~C'KZ~:- Sc, we'~e t:~k with C~a2 one. Can't MR. Y~OViC~. ~tght ~asisa~i~ thst'm the Cn~ tkBt ~u're mtuzk wi~h. Doodling, LLC. an~hln~ a~ut? ~. YO~OVITH: No. Th~=~ right hera. ~IDWOW~ ~C'KiE; Okay, Page Pt :dbx LaserFiche \\:ebl_ink x4.3: Registered to Collier Countx Clerk of Court C~IRWO~ ~C;K~E: i dO~'~ kz~v'. else ~asi:aily we ere here, We were residential over one, which ~e~ ~en~e; becaus~ wlth~ )~ feet you c~t build th~ mor~ Dode~ t~m of condo~aniu~ =~ingm and -- and the ~z~ a~sthetically pleasing condomini~r~ ~.e7'~ nob mmking for a change to th, overall height. ~o., CP~Zge, The c. nl)' 5h~n9 &ha= will cbang~ l~ ~hat ~he site will have Imam open ~;aoe an~ w~11 ~ave !esm views of Pa~e 7 ~ Pag¢19 0£45 S! Pou ered bx LaserFiche \X,'ebLink ~4.3: Registered to Collier Countx Clerk of Court EXHIBIT "J" N OV 2 8 hup' xxxx'u .clcrk.collicr.fi.us scripts'LF\VcbLink.cxc weblink brox~scr.hmf?doc--5813&D'pc--hnagr:: c~nnie ~tm~all-~uISmar. M~. ~0~: Wa~e ~l!, W!l~on-Nillsr. I'm ~i~o The flrst view %~a~ I'!1 ~ake you ~o ~s over here on t~e bul~etin I think Lhe most dramatic i~ge here ~f %hat you can ~ep~ra~io~ o~ three-sEedy un%t~ OVer one-~toxy parking AA opposed to hR. ~LD: YoU could, en~ what : was trying to ilTus=rat~ i8 -- C~IRWO~N ~C'KID: -- b~t -- ~R, ~NOLD: -- thmrmrt no ~uarintsa that a ~wo-eb~ry Pm~ ered bx t_aserFichc \VebLink ~43: Registered to Collier Cou:w, Clerk of Coum hup: v,v,-,v.clcrk.collier.fi.us scripts'LFWebLink.exeweblinkbrov,.ser.hmfi?doc=Sg13&b. pe=m~a~-(.'. '"(i~"~'[~ £()00 The o~her e~lier ex~b:~ ShaS I've presettel ~ here ~hows 3'au~re aSa~ ~ncraam~=~ '.-~e~ corridors M~u're aSm~ k~p!n~ an. you 1.._ up ~.~h ~.~ f.ex.b.l..y .es,.?. w=l:.. a~Icwn ~ce~ario ~ui~d ~ore tha~ t~ I ~an, you k~ow, have a iar~er p._ 17 of45 Pouered bx LaserFiche \VebLink ~4.3: Registered to Collier Count,, Clerk of Court EXHIBIT 2ttp: 'v,v,'x~. c]erk. c olli er. fl. us scri pt s 'L F \VebL ink. exe v,'eblink brov, ser.html ?doc=5 813 &type = h'ffa~c:.~ ' 0g '2_ c; '2 -- ~. ~NOL~ -- h,ut cbv~ou~%¥ you ~i%'S the T~IR~O~ ~$'KIE~ ~rouud. ~ake. Jul= damlt w~th wh~re they ~cided o~ tall ~k~nny a lot of ~hor~, ~at You'~ Just talkin9 abou~ a smmller ~ootpri~t of a buildlug. ~ ~ODD: I JUSt reiDforce, aS ~I, Yovano¥i~h indlca~e~. Pa9~ LO I'o~cred bx hascrFiche \X, ebkink v4.3: Registered to Collier Count> Clerk of Court EXHIBIT hup: xv, vv,.clerk.collier.rims scriptsLF\VebLink.exc v,'ebtink %,rovcser.hu'nl?doc:5813&Lx'pe=inaagc.. 08 29 2()()0 ~ R'~ER~: ~he'~ ~ot I'd like to sh~' ~u what ~ ~ical VI, wha~ ~ur VR sorting, You ~an Juut put uni%~ what that ~alm Point w~uZd look lIk~ if Dolphin Cove $~ fact does ..~..~j Page 113 of 45 ~ Pou ercd bx LaserFiche x3,'¢bkink x43' Registered to Collier Coumx Clerk of Court EXHIBIT "J" imp: wv, xv.clerk.collier.fi.us scripts LF\VebLink.exe v~'eblink bro',vser.html?doc=5813&l>-pe=inm~).~.. 08 29 200(~ have m couple more. The& i. ~he ma~e mmp that -- that wayne are ~he ar~am ~hst we have -- or ~, ~hat I have a ~oncer~ of course, ~'~ -- I hop9 Wil~cn-M!~ler will ~o more :rea~iv8 ~pec~at~ons. ~:Rwo~,; ~C'XIE~ A very i~por:~t MS ~L-F~R: Okay. ~RWO[~ F~'KiE: It's okay. MS, S~G~L-F~ER: I'll read i~. Do I have time~ ~RWO~ ~C'~IE: ~o rich= ?~_,Pag¢ p4 of 45 ~ Pox~ered bx LaserFiche WebLink x4,3: Re,.:is~ered ~o Collier Counu Clerk of Court ' EXHIBIT "J" Imp: xvwxv.clerk.collierfi.us'scripts ]~F\VebLink.cxe'xvcblink browser.html?doc=5813&Upe--ima~.. NOV 2 2o 0[ 08 29 20c)() acr~ of RSL~ er iG ~Ite -- excuse ~e -- 1~ unlt~ -- feet, Aga~, thaC -- ~RWOY~ F~'XIE: N~t ~S. ST~L-F~ER; ~a~n, that -- ~hcs~ DU~=s, a~d I -- I $o, ~ pezoent ret~r~ mn~ a~ain, i~ we reduce the nu~er o~ sq~re ~ee= p~r u~t, I -- Wtl~on-Mil~er ta way1~ 1~00, ~'m way!n~ pr~er%1,, They hmvs three ~ts ef c4. I~ they do a n$~ dev~l~p~n~ there wl~h a r~&auxan~, a tiAi hut. whatever, ~0 m~e -- lease Po~crcd bx LaserFiche \VebLink ~4.3' Registered to Collier Countx Clerk of Court EXHIBIT AGENA-) A !TE3J http' v,-uu iclerk.collier.fi.us scripts LFWebI.ink.exe x~eblink brov,'ser.html?doc:5813&type:imag,... 08 29'2000 overlay, ~ can address all t~e ros~ of the conearns, Thank you very ~uch. ~r~oun=!:; Ln~t c, crr~ctly, an~ wcul~ be ~cllc~ed by E~han:~ Corm, ~ ~CZi~IX~ I hmve a c~uple of con:erns -- ~, ~O~I~:ZK~ My na~e ~m Ray Po~ered bx LaserFiche V,'ebLink x4.3: Registered ~o Collier Coumx (:Jerk of Court. EXIIIBIT "J" hup: v,'vo, v.clerk.collier.ll.us'scriptsLF\Vebl,ink.exe xveblink %rowser.html?doc=581o&tXl e=il2'l;_tUk.l 08 20 20()() Xlinutes ()5 26'19c)9 S Page" of 2 MS. O'NEILL: ~iS 1~ when ~'~I ~et off th~ cuff. the pecpl% who hav~ actually be~n ~her~ ourfolv8~ as living in t~e aO~h ~e~=ury, 9la~n~ng ¢~ earn~ag a livens. C~; proper~y, ~erestlng enough, ~a r,.t in the village reuiden~i.1 ~rea, but ag ~y .&I~, ~he:e'm ~a~orous precedence ~o be Pa eli7 of 45 ~1l I'ox~ ered bx LaserFiche \VebLink v4.3' RegisTered to Collier CounU Clerk of Court EXHIBIT "J" http ,'r x~xvxv.clerk.collier fi.us'scripts LF\Vebkink.exe 'u'eblink %rox~ ser.hlml?doc:5813&type=image.. 08 20 2000 Minu~cs ()5 26 l~gg S Parc 2 of 2 C~AI~WO~ ~C'KI~, T~nk ~ ~i~ l~ ~h~ ~domlnium, ~hat cc~es ou~ ~o spp~xi~ly 13 r'~ sure so.none c~ ~ke it ~re a co~r~henslv~ an idea. well u~er what w~ have tn the trailer par~. The trailer parks, the C~IR~O~ ~C'~i~; I~g okay, ~. D~art!~o: -- 20 ts ~ acrs. us go In~o ~hn ~wenty-~irst cmntu~. A stagnant co~u~!~%' ~s a ea.oh ot~er. ~ow sn~y ~uSd possibly be a~ain~t a condominium ot thi~ -- the .:ope cl what tht~ is w~th the at~raotiven~ss2 ~i I'd like of to~. Pa~e 1 ~ ~' Page~8 of 45 I~j Poxvered bx LaserFiche WebLink v4.3: Registered ~o Collier Count,,' Clerk of Court EXHIBIT "J" ~zo~aelng h~ze. they'r~ st~a~Joiliu~ ~er ~e~l~ ~hat have been tn~e and ~apeoially ~ b~ve village use property, village r~ai~ent!al prop~r~y, ar~ we i~acte~ or, ~ely ~__] Pagcll~ of 45 ~i Pox~ered bx LaserFiche \VebLJnk x4.3: Registered to Collier Count~ Clerk of Court EXHIBIT "J" lmp:"'v,x',~a'.clerk.collier.fi.us scripts 'LF\VebLink.exe weblink brov,'ser.lmnl?doc=S813&type=imag,... 08 29 200o May C~i~WO~ ~C'~Ig: T~k ~U. ~.~ happene~ was CC~ISS~ON~ ~r:NZ. ~u're $ayin~ it~e not a wonderful colorful i~ ~hat p~ple ~ant to call It ~hen they ~ve~ do~ here and call !% a massive stereo situation because of Dolphin Cove~ which ~o~land, Pox~ered bx LaserFiche \VebLmk x4.3: Registered to Collier County Clerk of Court EXHIBIT "J" hup:, x~xvw.clerk.collier.fi.us scripls'"LF\VebLink.exe'weblinkbroxvser.tmnl'?doc=5813&t.vpe=imag~.. 08 20 okay, ~bat ~hmy wo~ld r~th~r nave a two ovm~ ~. in the ~frst place. ~aff didn't thmt m~ms~i~n and ~hun ~lind C~vic Association sald~ ~el~, we~d like to ~ee brought 1~ u~. ~d then ='m ~ust -- I'~ r~ally a~a~s5 the two owel o~. I'~ really -- I · gr~d w!~ ~hat they're ~ ri~ new ~huy ~an'% C~:RWOF~¢ F~C'KI~: ~ank you, mir, 4t o '4s ' Pox~¢red bx LaserFiche \VebLink x4.3: Re.~istered Io Collier Countx Clerk of Court EXHIB1T "J" hup:,".rux~xv.clerk.collier.fi.us scripts'LFWebLink.exe/weblink broxvser.hmal?doc=5813&type=imagc. 08 29 2000 I~ you:,;e alram~y ~90ken, I can'~ mllow you to CollleI the one ~entlaman was nay/z~ he'd 1t~e con~in~y, He'd like Po.¢red bx LaserFiche WebLink v4.3' Re~islered 1o Collier County Clerk of Court . EXHIBIT hup:' wwv,.clerk.collier.fl.us scriptsTF\VebLink.exe weblink brov,'ser.tmnl?doc=5813&type=in~ag,.. (18 29 '2000 CO~ISSIONER C~T~: To -- ~o heig~t~ ~IRWO~ ~XI~: Which one~ that -- propcsin~ ~or ~ne, you can sti~l ~e!!o~ your line :o ~e~ign ~da~8, the oo~ty ._.~j Page 12-3 of45 I~1 Pou ered bx LaserFiche \VebLink x4.3: Registered Io Collier Count', Clerk of Coum EXHIBIT "J" hup:' v,'wv,.clerk.collier.ll.us scripts 'L F\VebLink.exe weblink brov, ser.lumt?doc:5813&t.x'pe=imagc. (}8 20 20(t0 to less t~n tbat~ so ~u don't e~ ~ ~lth -- ackn~le~e that, y~u know, w~'~l ~ 8~rtmr t~an bhem. Y~u k~ow, ~IRWO~ ~C~K[E: ~d that's w~at I~, asking that we ~eed ~o ~IB~IONER CONRT~I~: We'll go 0o~ and wi~11 ~now in ~wo boyon~ wha~ we~ve huird today to 9~ m~y Imww bhan ~. P,,~¢rcd bx L~serFich¢ ~'¢bLink ~4.~' R¢~i~erecl ~o Collier Coum> CJcrk EXHIBIT http:~v`.v`.v`.~erk.c~i~r.fi.us~s~ripts~LFWebLink.exe~.~v`~eb~ink1~r~xvser html'~doc=Sgl 3&type=imag~.. 08 29 2()00 ~iRW~ ~'~I~. An~ what ~'~ like t: ~ ~ he~r in ~d Z h~e ~ 0~%~ hear fxom pe~le ~ whm~ else -- ~u ~!e deoi~n iO one ~oter,~ial cuhc~m ~r.~m thz~ ~hm~e, ~t there are They've a~. '~ ~he bee: :~e e:en~o, I'~ Z~ke to see ~e~e ~rsh thi~ ~ i~ it's DoLphin C~'ar ~ k~w, ~m sorry, ~t C~IRWOF~ ~C'KIE: ~d I'd -- i've J%s~ ~ot ~ ccm~ right Po~ered bx LaserFiche \VebLink x4.3: Registered to Collier Countx Clerk of Cotin EXHIBIT "J" hup: v,w,'v,.clcrk.collier.fi.us scripts'LF\VebLink.exe v,:eblink'brov,'scr.hm:l'/doc=5813&type=imag:.. 08 2:) 200{) B~er ~'~ezi:y vo~e, C~IRWOF~ 5~C ~ K!S· ~ Okay. ~. ~iPRL~: I'~ S~ctt ~i;Rle wi~ ~on~:a $my ~=c;Ir~lei C~rRWO~ ~C'KIE~ Well, I't] ~ ahead I~ ~uet state on UO~I~ION~ NO~IR: Thmt ~Ikes two. ~e'11 do t. he fo~l vote a~ ~he end on the ordinance, Po~ ired bx LaserFiche 9,'ebLink x4.3: Re.2. istered to Collier Countx Clerk of Court EXHIBIT "K" hup:' 'xv, vxv.clcrk.collier.fl.us'scripts'LP\VebLink.cx¢ wcblink.%roxvser.hm-d?doc=6124&type=imw~c.. 08 20 200(I J~e i$, !999 b~ -- C~AI~O~J~' MAC KI~: Does a~fb~dy hmva e~y epe~i~i~ talk so ia~ ~t A: ~ C~YiC AIBo~!i~n ~$et~, W~ were Tim Cono~antlne wao a~ke~ ~o ad~'enn the Civic ~ow for dolphin Cove, NO ~a~ter how many s%or!es P&~e $ _~'] Pagcl7 of 41 I~1, Po~ ered bx L~scrFich¢ \VcbLink vq.3: R~gistcrcd ~o Collier Count, Clerk of Court EXHIBIT "K" NOV 2 8 2DOu hup:"'wwxv.clerk.collier.fi.us'scrip~s LF\VebLink.exe xveblinkbrowser.html?doc=6124&type=in~agc.. 08 29 Th~ 0~m/nemm people ~o net want the ~.n~ chm:~m. The 206 there. Thel~ fa~I~es ~gned i~, The WE=ks. Irene 300 ~ore people ~o the )00 people the: 1Ave there now. That percent increde 5o the one by one e~are ~iLe villag~, Taxes Way of iXfe will chan~e, Condo people will n:~ lika the o~d crab Ptm ered bx LaserFiche \Vebkink ,.4.3' Registered to Collier Countx Clerk of Ooun EXHIBIT "K" nup: v, xvv,.clerk.collier.fl.us scripts'LF\VebI_ink.exe"v, eblink"brov,'ser.hm-d?doc=6124&type=irnag~... 08 29 200(I M~. PULLM~R~ Is it pon~bln to do it lat~r~ ~IRWO~ ~C'KI~: Sorry, MS. PUL~ER: G0~e of iC I~ ~e~ecl~tve. Aid I wanted ~o -- th~k wheCheI :key were in fmvor or not ~ date, we have received 314 r~m~onn=lr w~tb 301 or an Page 19 of-ll ~ Po~ered b~ LaserFiche ~A'ebLink ~4.3: Re~isiered to Collier Count~ Clerk of Court NOV 2 20 t http: 'x~-,vu'.clerk.collier.fi.us scripts'LF\VebLink.exe"u'eblink'broxvser.html?doc=6124&t.x pc=image. Og 20 200<) a ~jOrity ~* an~me~ ~d d~ we li~te~ ~Imo ~o t~e eyesight ~lr 2~reme letters t~at have been ~m~ivere~ to ~uz offi~ ~ro~ re~i~nt~ who az~ out wake-up call even ~o the o~un~y. ~en &he oete~ory o~ ~onimg One u~e is C~et of mul~l-f~i~y, ~i~h provides tot condos, that ~evei~p~ent ~m that zone would ~ within ~z ma!nt~ zomin~. The c~un~y ~eoo9nlzed t~at problem and o~ ~heZr all intents And purposes, built out in oood%and. ~ur Conce~ i~ a~t man~glng B~wth, ~he kind of ~Io~h t~a~ in these two condo m< l,o ot'41 [~l P, ed bx LaserFiche \k ebLink x4.3' Registered to Collier Countx Clerk of Cour~ EXHIBIT "K" hup: wwv,'.clerk.collier.ll.us.'scrip~s'LF\VebLink.exe'v, eblink brov,'ser.html?doc=6124&type=image. 08 29 '2000 you ~mve no ~re ~an a ~ ~e~cen~ ~rant~ ~a~ ~hey ~11 ~ve you Carter, CHAiRWO>~f F~T'KI~ Tha~ you, G2r, MR, FE~EZ: ~ex: epsaker i~ J~a Ca~er, a~d ~h~n ~AIR;~o~ ~C'~I~: Mr, ~raham, i~ yOU'd CCn~ a~d be ~OY: cf On de:k. Po~ ered b~ h~crFich¢ ~, ebLink ~4.S: Rc,.4'istered to Collier ~ount', C']erk o£Court EXHIBIT "K" AGEN~A Nov 2 , i~,Jp: u'uxv.clerk.collier.fl.us scripts'I.F\VebI_ink.exe 'xveblink broxvser.html?doc=6124&type=imagc. 08 29 200(t over ~ on habitable floor~ over M~ F~Z,MER~ No. no, I prefer some other option, C~IF. WOF~ M~CrKI~; ~eah, and I d~dr,'t ~ean ~o ~.~e ~c. ~!~ cf a ~a~e lO Po~ ered b', LaserFiche \VebLink ~4.3: Re,.:,istered lo Collier Countx Clerk of Court EXHIBIT "K" ...; ..~-,~...- ... imp: ww,,,,.cle. rk.collier.tl.us'scri?~s LFWebLink.exe v,'eblink brov,'ser.html?doc=6] 24&type=imam,... 08 29 2000 ~d I'~ ~r ~ over i~ nt~ngly ~c= 2 over I ~'~ for ~Mi~y. I right thing. Th~X MR. G~Y, Yes, ~Ir, ~, G~w~:: Nc : live there, I T very ~py :sere. ~IBSIONER NORRIS; That's no~ -- has -- CO~I~SION~R B~Y: CEAIRWOS~ ~C'~Z; Well, you're entitle~ tc NR. O~: Thmnk y~u ver}, ~uCh, CF~IRWOS~ ~C'~: ~nk ~U. ~,d out MR. ~'~k~El: Ne:~t mpeaker is Vlvi,n ~ol~an~, Kirk Pa~e Ii Po~eredbx LaserFiche\VebLinkx4.3 RegistercdtoCollierCountx Clerk of Court EXHIBIT "K" Imp:;.rwv, w.clerk.collier.fi.us scripts I.F\VebLink.exe v, eblink brov,'ser.html?doc=6124&type=imagL. 08 20 2000 owr. er, f~L-:Lme reai~e~t~ ~ax~ayer an~ :agia:ered vote: dollar ~!~e. ~e ~11aZ :hat cares ~thLn~ for :he -- for nature :,hey ~ill overburden our roadways, end ~hey will i~act our na~al it, r~a~ you. MR. FE~'~EZ~ Ne~: wpeaker is ~:e K~rk De~ar~!nc, Che'y b~ld tkasm con,cs, ~mit.~nm m~ ~b~s w:.~ m.~v~ hera ~oc~!an~.~ Tbm other ]ady ~td ~l~g by ~ozd o: dead ~o refu5~ thi~ concerns. Rezonlng ~. properties is no: =he real i~aue here Po~ ered bx LaserFiche \Vebkink v4.3: Registered to Collier County Clerk of Court EXHIBIT "K" http: x~xvw.clerk.collier.fl.us scriplsLFXVebLink.exe"xveblinkbroxvser.hm~l?doc=6124&type=imag*.. _NOV 2 8 08 29 2000 MS. DB~TIN0: Wour~e ~a~in~ my ~ime ~, o~uaily. MS. DeSTiNO: Thank ~MMI~SIONE~ ~NgT'~T2k~, -- ~: 2 am ~:in~ to ~ay MS, D~iNO: That io the l~sue here ~$, De~,~TINO~ if t~m tac~tc~ ~-m me= outright =hey'Is at lees= ~o~elly betarc. I a~k y~u el! here ~hi~ ~voning, County or anywhere in the Untte~ grates7 have an}~hin9 t.O do ~i~h that, MS. D~TZgO: ~'~ iAkin~ you S MS. De~T3NO: ~!9 ~ a ~est~on. My 19-year-old t~o~ ercd bx LaserFiche \VebL ink x 4.3: Registered ~o Collier Count} Clerk of Court EXHIBIT "K" _ ........... hup:' v~wv,.clerk.coltier.fi.us scriNs LF\VcbLink.exe v,'eblink brou'scr.luml?doc=6124&type=image. 08 29 2000 wcr~ed f~r us ~ ~ thaZ's ~y we'~ txyin~ ~c, keep ~odi~nd ~eople ~%a~ aT ~ha= podi~v~, they actually address the issue =hat we're CEATRWOY~' ~C'E/E: Let's not hav~ -- I he~xtiiy mn~cr~m tle bc. ar~L~ poli:y~ b~t we don~ need to have that debate We,ll ~nd after ~r, ~e, who'~ thm ~axt? MR, CO.~: ~' ha~e 1~ Ei~anon ~s. ~.d I ~ue~s all C~IKWTF~ ~C'KIE: W~'ve heard fro~ you. CF~I~WO~ ~C'KI~: Mr, Co~s~ are ~ ~oin~ %c try ~ the ~e~io~ of whether or not ~u're ~or 3 or ~? T~ tO get us there on the ~ or 2 N~, tberS'A It least 70 RV'e in Dr~ ~c~r. well, each one. Of them has ~wo votes. ~d ~he~ my part, I Know that We~ve ~ot ~O pe~pie that's nob there, and they should be allowed to vote. ~.d I could om a~ on ~nd ~n. ~uC when they ~eL this coni:~ ~craightaned out, I don'D =bin~ we're ~oi~ Co ba;~ any problem~ with Pouered bx LaserFiche \Vebhmk x4.3:Regislered Io Collier Countx Clerk of Court you. ~o~e you retain ~ne ~ka~ac~r cf ~he Thank you. C~i~WOF~ ~C ~ KI Z: Taa~ you, ~ Io~ faster. M~. F~E~L: Yee, ~ na~ i~ I firet c~ t.O ~o~land in I~50 b~cau~ i= wan a ii~=%e vllltge. MS. TAYLOR: Hi, My name i~ Sandra qu~l!=y, TP~nk you vs~ Po~ercdb~ La~cr~ich¢ \Vebkink ~4.3 Re~i~ercd~oCo]lierCoum~ C]erkofCoun EXHIBIT "K" hup: wwxv.clerk.collier.fl.us scripts'kF\VebI_ink.exe weblink broxvscr.lmul?doc=6124&tvpe=imauc. 08 _9 _00. regu:a~ion -- %o ~t~y. I wmnt ~h~m to work there, I thi~k ~h~i~ parents do, too. ~d I do, ~cwever, mupport the idea o~ a ema%ler footprint that e~ens~ve ~o build oz a s~11mr ~n~aLi:n. : -- you know, % don't r'ag¢ ils oF41 Pox~ ered b} LaserFiche \VebLink x 4.3: Registered to Collier Count,, Clerk of Court EXHIBIT "K" hup:/'xnv, v.clerk.collier.fi.us"scripts'LFWebI_ink.exc weblinkqoroxvser.hm~l?doc=6124&type=mx~g<.. 08 29 2000 ~e th.e~r pos~ 0~Ice box out ~ ~o~i~d. ~ ~eem~s ~eez, ~or~h ~o~i~er, Marco ZeXand. the ort~inl~ ~o~nty pr~osml, bocauss I cmn~h AOe ~S~ ~ ~v~r : proper on m poll., okay? ~o i~ y~ look at the ~:11m, y~u.ll see ~h~ ~hmy'~ wo~/ -- ~t'i one way. Ion.ember ba~k v;hmn Mrs. Bor~, was 8Yon teachin~ school, PE back :here, few. when I ~ay ~eleot few, l~ ~epu~, ~ocauwe t~y only mail us ~R. MOSS: Ri~H~. Y~ ~ve all ~hs Deo~le ~hing~ Pox~ ered bx LaserFiche '~VebLink v4.3: Registered to Collier Countx Clerk of Court EXHIBIT "K" , .~.~_ hup: wwxv.clerk.collier.fi.us scripts LF\VebLink.exe weblink broxvser.lmul?doc=6124&Lvpe=imagc. 08 20'20(1(! ~K]~, ~Z~C~K: Hi, I'~ Ray Bo~icnik, and ~d i'm J~t conc~zue~, We came up with pl~n~ affec~ i~. Thank you vsr'~, much. MR, GOBBR: I've b~d enough ~erlen;~ ~.~ ~h.at. Mow you all Ae~ociation cr whatever, havln~ ~C dc ~lth bhe cha~glng the properties that I pay taxe~ on, I mean, 2 ~ink the ec~nty has dmna a great Job Also, l%'i Ju~% a ~er ~ ~ime, w6 all kn~ about A=erica. A:~, you know, if ~u're no~ ~a:ls~i~d wtDh where you live in a nice lit~l~ uommunl=y an~ some poo~le com~ m, o 12o o1'41 Po~cred bx LaserFiche \\¢bhmk EXHIBIT "K" http: wwv,.clerk.collier.fi.us scripts'LF\VebI_ink.exe'xveblink 'brov,'ser.lmul?doc=6124&type=irnagt... 08 _g _000 Xlim~tes ~)6 16 lc;9~; S Pa~c 2 o1'2 proper~y'~ C-~,. tha~ ~haae ~l~, a~er ~'~ ~one~ will be S0 I know tbmt ! ~ay not live to Bee ~ood!a~ c~n~, a~ that's a~:ecia~a ~u= con$id~ion. And I tha~ t~u ~ mu~h. MR. ~BZ: ~ nex= ~pea~r ~ ~v~ Law ~d then J.W. ~, ~B~EZ~ ~e next speaker is J.~ Douglas, I~ in favor eft 2 over 1, ! do not see the point unless the daet~etion O~ wha~ is ~tque to &him are~, we ~11 lose a The -- I'm ~tgr~eain~ a li:tla and I a~io~i~e, ~ut I -- Iooki~ do a~ ~he meetings ~m~in9 p~a~e in docdland a~ the ani~elty ?~ Page12~ of 41 I~j Pox~ered bx LaserFiche \VebLink v4.3' Registered to Collier Countx Clerk of Court EXHIBIT"K" ~ .~/'_ hup: 'uxv~v.clerk.collier.fi.us scripts LF\VebLink.exe 'xveblink 'brox~ser.html?doc=6124&l.vpe=ima~Tc. 08 29 200(I Yovanovich. CEAIRWO~ FAC'KIE: U~ :he ~Ike if you go over :here, fee~ may ~e ~oo small .~nd in ~act men,thing c!os~r ~o 2~0~ ~ee~ would ~a probably ~omathin9 that you would see de¥~lcpzd. %he dlagxam on the ri~t. We s~il sn~ed up w~:h a sopare=ion A=a~n~ holding the :wo-s~ory ~uildings ccns~an~ you still end up a-building coverage tha%'$ ~oln] =o cover every inch ~hau ~ county Fou have down there are less ~.han one acre. ~,d in ~ao= ~ke only %alking probably 30 maximu~ '=its on t~ose sites, So we're not and t~n Commissioner Constantine, ~o you wan~ ~o -- an~ s~11 ge~ ~he ~ull 30 uni~? ~ave you looked a% EXHIBIT "K" " unit or ~wo ~!tm ~o make it ~r~ a=~racfflv~ and ~e ~R ~$OLD~ Tha~ could cer~aln!y De ~arketp!mce de~n~ed i%. NR, ~DLD~ 2 &h~n~ ~U could. 3~-foo~ ~e-9..~ itm..7 M~ A~LD: T~a~'m correct, CO~lSSIO~R ~Y: I~ tP~5 35-foot h~i~h~ N~ ~OL~ Currently. CM~I~WO~ ~C'KIE: Bu~ ~e're propos:ng tha: CO~!B~IC~ CONgT~INE: Dn~ of th~ teasemi we're duckl~ aS you walk ~deT ~he doo~ay~, ~d eo ~hey were m~h& be prefera~l~. ~ut ei~ez one o~ tho~e ~c~ezi~e improvement over wha~ ouxren~ code allows, CO~$S&IO~ZR ~K~Y: But ageta, ima't two -- isn't normally height Parc 12a of 4 l Po~ ered b) LascrF'ich~ \VebLink v4.3' R~.~is~¢r~d w Collier Coum~ Clerk of'Court EXHIBIT nup:' xv,~',v.clerk.collier.fi.us 'scripts'LF\VebLink.exe'vveblink%ro~vser.hmd?doc=6124&t>'pe=ima~.c. 08 29'2000 ~rke% ~tc~a%es ~ha~, ~u kr~w, it will m~rt that ~te~ I thLnk %he ~ve:lay~ you're right. ~ mean, cr~:~wo~ ~C'~Zs: wayne, do ~u have ~re I hea~ tonight im a rual opp=~i~ton to :o~da~!niu~. Is, ~u can condominimiz~ ~io) a uin91e-~amily bome~ coach hc~m~ whatsvat ~ha cae$ of 41 Po~ ered bx LaserFiche WebLink v4 3: Registered 1o Collier Count,, Clerk of Court hup:~v`.v`~v`~.c~erk.c~ier.~us..scrip~s~LF\VebLink.exe~v~.eb~inkbr~v`.ser.htrn~?d~c=6~ 24&type=image. 0g 29 2000 ~,~ ~a~ s~hi~ ~ha~ ~h~ co'~y has s~z~ed ~X~ ~on~inium. CMAIRWO~q ~C'Xi~. Iz ~oesn~t mister, It's Still u~ly, ~RW~ ~C~KIE: Undomatted. ~ny o%~r points? ~., P~EE; Final speaker i~ Rich Goodlet~s, CDIo~,a~ and YC, U will ha~e a ~.d~rn ~lt~-fam~ly bulldin~, tha~ as Wayne pointed out ~0 yo~, t~ yo~ do a 2,00~ Sql~are foot unit, will have Wha~ we have ~r!e~ me eh~ yOU through the m~hibit~ ~e oprio~ that ~u would ~ave under ~he planned soenarlo we wer~ a~ou5,. the larger un!ns on 3 over I, Wha~ ~'re a~king f~I is fl~xi~ili~y &o !eL thu marke~ decide l'ox~ered bx LaserFiche \VebLink x q.3: Registered to Collier County Clerk of Court EXHIBIT "K" %t._ ~"~ Mr?: v,-vo, v.¢lcrk.collier.fi.us'scripts 'LF\VcbLir~k.¢x¢ v,'¢blink %,rov,'ser.htnW?doc=6124&D r~e=h~agc. 08 20 200(! ~e 15, 199~ who's dcin~ ~iph~n Cove, They ~ave an e~ectat;on w~en ~hey bo~h~ ~ p~oper~y tha~ they ccul~ have ~il~ ~ ovec ~. T~ey a~e really have not been explained any options as to whether 3 over e~se to co~ ~o ~he ~-~oo~ bui:din~. They'rm ~ttll goi~ to bm lookin~ a~ the aa~ Aizm peep!e of ~o:~land, ~ay ~y ultima%ely ~BOi~B tO 2 over 1. gives~° don ~ ~ow ~he annwar. ~'~t ~ ov~r I at least them the to have the ~lexlhil~ty of buildin~ ~ over 1, ~Ioh are ~re mo~xn They want t~e hi]her price point, mot 5he lower ~ricm ~oint, ~ Pa~e126 of 41 ~ Pm~ ered bx LaserFiche ~'ebLink v4.3: Registered Io Collier Countw Clerk of Court' EXHIBIT "K" hup: xvx~xv.c~erk.c~ier.~.us/scrip~s~LF\VebLink.exew~b~ink%r~xvser.h~m~?d~c=6~24&Upe=imagc. 08"~9'" ) _ .( O0 CHAIRWOMA~ D~AC'KIE: Tmank you. ~ a vote. g~ ahead and make tha~ revest, or to honor The some o~her fol~ wh~ Lh~nk, ~cy, leave ~hls alone, I d~n'~ there's ill-in~ent on mn~o~y'm part. It ~e~ very black and ~Ite, I don~t thi~ a~y~dy here i~ they mi~nefi th!m. We, t~e ~ermignmd, that no buildIn~ may co:~a!a mor~ than two habitabi~ floors over one }'o%~ered bx LaserFiche \Vebtink %4.3: Registered to Collier Count,, Clerk of Court EXHIBIT "K" hup: ' v,-wv<clerk.collier.fi.us scripts 'LFWebLink.exe'v,'cblink brov,'ser.hlml?doc=6124&type=image.. 08 29 2000 ~lear ove~ wha~ you're asMi~. iS ~i~ mn~taud o! m~hin9 ~ise? : ~n'~ ~kX~ Io~i~11y ~ goin~ to star~? You coul~ have said -- you ~ow, if }~u said difference ~here, again~ I don'~ ~hink that's a ~oird cl Co~ty C~!i~ione=s Jesus. ~ I fully would ~ave addressed '~ in te~ o~ a reduction ~ISS~ONER NORRIS: Mr. Wel~el, i~ we ~o ~ith an overlay, ~,, ~I~L~ I~l :ell you, I can't give y~u m depLh response there. CO~I~IC~R NORRIS: ~ucaum$ ramify, denmiry tS th~ iASU~ ~0 a~ea~ with our =oun=y-w~de density t~duotlon prozac, if we nte~rmte i~ into an ovs=lay~ ~t rem13y -- what iS our limiDa~ion 0n Pox~ ered bx LaserFiche WebLink ~4.3: Regislered to Collier Countx Clerk of Court EXHIBIT "K" hup: 'wxv, v.clerk.collier.fi.us scripts L FWebhink.cxe 'ryeblink %rox~ ser.hlml?doc=6124&l}'pe=inmg,.. 08 29 _( O0 ~e ve~' cc~ie~e. C. OMMiS~IONE~ CART~R~ Y~ ~ow, Co~i~ioner, I ~In~ this ~ -- over i, Ib ~ive~ · pe~cepti~n that ther~ !~ Im~m when there hey're i6ekin~ ~or, thle iB ~f~d ~ tntmrtm step that's -- ~}~s ib'e Uh!m character immue o~ their village. ~o I huve to ~upport this 2 over i ~m tha~ bamim ae a first thi~ ~ over 1 f~is bettBr ~n 3 ~v~r 1, ~d bused ~u ~hmt, aJ ~uch ~m : ~o~ you guys are going to hat~ it, --~.~l Pa,je 129 of 41 ~ Po~ered bx LaserFichc \VcbLink x4.3: Registered ~o Collier Countx Clerk of Court EXIIlBIT "K" Imp: ',xx',xv.clerk.collier.fi.us scriptsLl:\VebLinkleXe v,'eblink broxvscr.luml?doc=6124&type=imagc.. 08 20 2000 C~MI~SI~ER CONGT~TINE: W~ pr~erty ri~h~s are ~ talkin~ away7 C~I~W0~ ~C'KI~: ~cu~e ~e. I ~on't =hink i: will ~cco~lish taking away? CC~XS81O~R ~0R~IS: 25. C0~i6SION~R CONST~'I~: 2~. CC~:SSIO~R ~OR~I~: Some people Gay no. ~, W~ICEL~ You -- I won't say a~ ou~r~gh: CHAIRWOF~ ~C'KIE: But I'= so tro~le~ by that~ i~'l me dmd blame va~u~, i%'m ~em~ lika wm ought eome~hin~ pxe~=y Dxoad. ~d i~ all we oan do MR, WEIGEL: ~ th~nk t~at'e ~ha~ X told C~II~OF~ ~C~KIE: -- wihhln the li~itm advisory board !oo~ed a~ -- CO~ISSI~ER ~E~Y: Wm~% a m{nu~e. W~ should have -- Pou ered bx LaserFiche Webl_ink x4.3: Registered to Collier Countx Clerk of Court EXHIBIT http:'"v, xx~v.clerk.collier.fi.us 'scripts'LF\VebI_ink.exe'weblink brov~'ser.hm~l?doc=6124&type=image.. 08 '2q 20()() t~at it gets &m~le ~view -- CO~:~SIO~R CO~T~T~NE: ]f theta the appropriate height, CC~iS6iON~R ~OP~.I~: Mr. N~no -- CO~iSSiONZR CONBT~INE: l either, C~IRWO~N C$~EMIS$iO%~R NORRiP: -- coui~ you ~e~ t~ stories over parktu~ in ~ top of a flat roof, ~ ['ag~13'~ ot'41 ~ Pouered bx LaserFiche \\'ebLink v4.3' Registered to Collier Counrx Clerk of Court EXHIBIT "K" ,, N 0 V 2 8 http: "wwxv.clerk.collier.fi.us scripts LF\VebLink.exe 'xveblink browser.tmnl?doc=6124&type=image.. 08 29 2000 ~,linute~ 06 16 ] ¢)c)c) S Pazc; oi'2 COM~i$~ONE~ CA~T~R~ T~ how Oould ~u get -- ~%ow, one feet, You don~% ~avs to worry ~IRWOM~ ~T'KIE: I ~hin~ we're %~'In~ an~ tka~ includes tryin~ to ~in, ~rying ~IRWO~ ~Z'KIE: ~solutely. I've wet~h~ in. CO~M!$~!ONER BE~T: That ~ld b~ Okay, over 1, Now, ei~her vote i% up or vote 1: do%~, you kn~w, --' Pa~e 132 of 41 J EB! Pox~ ered bx LaserFiche XVebLink v4.3: Registered to Collier Count,, Clerk of Court i'~ 0 V 2 8 EXHIBIT "K" hup: W~v.clcrk.collier.fi.us/scripts/LF\VebLink.exe"xveblink broxvser.tmul?doc=6124&typ¢-ima~.. 08 _9 _000 ~er~minly w~2~ have. i'll help ~hez wl~h ~, BU: :he -- C~ZRWOM~ ~O'KIR: I'~ aOr~, i~ an appropriate ~eBtloD and, you know~ one that i~ the ~aest~cn i~ say, iet me throw =he specific ou: there, and If :here's no: Jour~ than -- CO~rS~I0~R CQNgT~TI~: Then I'd ~sk you t,o go :O with ~h~ 2 over I, keeping it m~ 3~ C~AIRWOF.%~' MAC'KIE: others; C0~9(~SgI0~R ~E~RY: CNAIRWOMA~W ~C~KIE~ CO~:E~IQ~R ~ORRI~ ~o, th~'s wh~t we Just -- ~aFe $1 [~l P~'f¢ 133 of 41 Pox~ered bx LaserFiche ~3.'ebLink x4.3: Registered to Collier Count,, Clerk of Court EXHIBIT "K" hup: "v,~,vxv.clcrk.collier.fi.us'scripts"hF\Vebkink.exe'weblink brov,'scr.html?doc=6124&t.x pe=ima~c. 08 29 2000 ~IRWD'.,~ [~T ' KI ~: Okay. COh~MiSSIONER NO~.IS: Did ~'~ -- k~We We -- ~e~oze we d¢ ~h~m Ohm. over it, I va~ tO -- CO~S~IO~BR ~BRRY'. -- know mom~ ~ore -- wmnt to know the CO~:~BIO~BR C~.TER: ~ over la died, C~I~WO~ ~C~KTE: ~ say no. Pou ered bx LaserFiche WebLink v4.3: Registered to Collier Count,, Clerk of Court EXHIBIT "K" http: ' xvxv, v.clerk.collier.fl.us'scripts 'LF\VebLink.exe "weblink qoroxvser.html?doc=6124&typc=imag~.. 08 '29 2000 C0~i$~I~R ~R~W~ : :vat ~ a= $5~ You m~ii~ have a 35-foo~ C~IR~O~ ~'KIR: ~o m=e ~ou ~OLn~ =s mupport -- CO~IB~I~ ~T~TI~. ~t ~Ut 1 over C~AI~WQ~-~ ~.C~KiE: Because it'~ better th~n wh~u you -- but we're not ~:~n~ to geC it, ~e -- CO~iSEIO~R CONSTriCt C~IRWO~ W~C ~ KI E ~ ~kay. ~I~IONER BEVY: The sign mmn, T~ COL~T ~gKTBR: They're fine, t~an~ you. Page or 41 Po~ ered b~ LaserFiche \VebLink '.4.3: Registered to Collier Countx Clerk of Court EXHIBIT "K" http: ux~Xvmclerk.collier.fi.us scripts'LF\VebLink.exe xveblink broxvser.html?doc=6124&type=image.. 08'2g'2000 o z o GOODLAND CIVIC ASSOCIATION' PO Box 571 Goodland. Fl. 34140 September 8. 200,1 hlr. Robert J. Mulhere. AICP Collier Countx Planning Set\ices I)ireclor 2800 N. Horseshoe Drive Naples. Fl. 34104 Official Appeal b~ the (k,t,dl~md £'ivic Association of the Interpretation of the Collier Count,, Land De,.elopment Codel[.CDI with respec~ to the Dolphin Co~ Site De', elopment Plani SDP98-4(t i. and the legair'., of the appro\ al of this SDP consideration oI'thc Purpose and Intent .qeclh?n of the Village Residential (VRI Zoning District as issued on August 31.2~.*0U b~ Robert J. Mulhcrc. (ollier ('oum5 Planning Netvice: l)irccuu'. Dear N!r. 2luthcrc: 'Iris leuer a> rclkrenced abo', c. is the "official" appeal b', :.!~e Goodland ('ix ic Association ofvo[lr interpretation of the Colllcr Count\ Lf)C. as it appiics to the above referenced maucr. ~'e consider that the outco__me_of this aA~peal will constitute a landmark decision to future development in VR districts througho_!~t Collier ('ounB.', Please refer to \our letter to the GCA dated August X l. 2000. A cop)' is enclosed for your convenience. You state in the paragraph titled Backgrou_nd, "that }Yore the minutes of the June 16. 1999 LDC hearing. it is clear that Board concurred with members of the. Goodland coremunit3..' who.expressed concerns that the Dolphin Cove project did not meet the "village residential character" in a manner that was compatible with the existing development in Goodland. It was for this reason that the Board directed staff to develop an overlay. Moreover. at the June 16. 1999 LDC hearing the Board adopted amendments to the LDC clari~'ing the height standard (to a maximum of three habitable stories over one story of parking) and amending the purpose and intent section of the VR district to reflect a design requirement that "is generally low profile" and has "relatively small building footprints as is the current appearance of Goodland". For emphasis. ] repeat your comment. "it is clear that Board co~curred ~x r: ,-tubers of the Goodland coremunit\". If it v, as so clear to the Board that the Dolphin ( )re Development did not meet the "village residential character" in a manner ~ mpa~ible with existing development. xvh> x~as it not clear to Planning S_er-,-ices when ~ ~'..~- approved the site plan in 1 c~98.' The reason it ~as not clear to Planning Services. is ~ ~t thex' did not consider the ver',' crucial issues concerning issuance of this site plan. Our a orney said "that Ron Nino x~'as the planner who issued the SDP and he is the most r ;peeled member of that department. The specifics he was comparing was at densiu'. b) t~ rking. m~d c) setbacks." Mr. Nino did not consider that the Dolphin Cove Development , told double the population of this village. Mr. Nino did not consider that this c. velopment v<ould overburden the narrow winding road~'ay into town. Mr. Nino did not consider that the development v,'ould overburden our water supply. Mr. Nino did not consider that the development ,,~ould bring 76 units of poletotal rental propert>.' with 4-6 people to a unit (456 peoplet and 152 parking spaces. Mr. Nino did not consider that the _dev_eJ_opment does not bx any stretch of anyone's imagination fit in ~t~the -charac!er of this village". To our knox¥1edge. the Planning Services Department did not notil<. residents within the 300 foot area of the dexelopment or the Goodland Cix ic Association or the citizens of the communitx of the SDP prior to approving the SDP. Is it right that ~ne person has the authoritx to approxe a development that will change an entire communi~x that the communitx at large is lighting and has been fighting since we learned ol'i~. This Nit. klulhcre. was a gr_ave mistake on the parl ()fan emplo.~'ee. respected his field or not and mt~sr be considered as a mislake and the mislake musl be remedied. In a document I received. it was stated that the Purpose and Intent Statement is nothing more than fioxver.' x erbiage tha~ precedes specific allov,'ed uses in the zoning. If it is just fiox~er>.' verbiage. ,,vhv is it necessar',' to get vote approval to change the wording in the statement and xvhx is the paragraph amended each time the VR detail is changed. The reason v<hv is that it is not "jus~ fiox~'er~' verbiage" but is the fallback for final interpretation of what the intent is. When a judge has to give judgment on a case and the evidence of action does not provide enough inforn~ation for judgment. the judge has to look to the purpose or the intent of the action for his final judgment. That is how po',verful the "Purpose and Intent" statement must be considered. The Purpose and Intent is even more poxverful than the specifics. and Mr. Nino, in error. overlooked it in his approval and issuance of the SDP. You have heard our presentations, you have heard our arguments, you know that we.represent the majoriU' of the propert>.' owners as evidenced in the many surveys we have done over the past tv,'o years, you know what this community wants done about this site plan. The SDP should not have been issued. It does not meet the zoning requirements. Mr. Mulhere, you and Mr. Nino cannot separate the "purpose and intent" statement from the required qualifications and just look at setbacks. density. parking. It must meet all the qualifications, it must fit the character of the village. EXHIBIT "M" Refer to your letter: paragraph. Interpretation: "The Board implicitly determined that a muhi-fami!.', development which meets the conditions for administrative approval would be consistent x~'ith the purpose and intent of the VR district. Stated more generally. an)' permitted use in any district meets the purpose and intent of the respective district. provided all administrative conditions for its approval ha\ e been met." \Ve strongl:, disa~ee with .','our statementl! There would be no need for a "Purpose and Intent" statement in the code if your statement v, as correct. \Ve are not currently arguing that multi-familx housing is not allox~ed in VR. as your letter implies. V(e are arguing that the size of the allox~ed SDP is not legal-it does not fit the residential character of the viiiague. \Ve do not feel the interpretation that you rendered addressed our appeal. You did not give an interpretation of the "Purpose and Intent" statement. \Ve request tha! this appeal be reviexved and presented to the Board of Commissioner.,, at the first board meeting in October. \Ve will come belbre the Commissioners prepared to ansx~ cr their questions and x~e anticipate that thcx xx ill see clearly that this SDP must be reconsidered based on the code requiremeres. Respcctlhll.x submffted. ?") --:', L,',L '.: ' Edx~ard J. f-ullmcr Vice Presidcm & Actin~ Goodland Civic Association bx': Connie D. Stegall-Fuilmer Treasurer & Board hietuber. Commissioner Timorb\ J. Constantine. Chairman Commissioner David E. Brandt. District 1 Commissioner James D. Carter. District 2 Commissioner Pamela S. Mac'Kie. District 4 Commissioner Barbara B. Berr','. District 5 Pamela A. Stoppelbein, Secretar:,.'. GCA GCA Board Members Tom Oliff. Count)' Manager David Weigel. County Attome.',' Vincent A. Cautero: Adm. CommuniU' Der. & Env. Sen-ices Div. Marjorie M. Student, Assistant Count,',' Attorney Ed Perico, Director. Building Review& Permitting Ron Nino, Current Planning Manager EXHIBIT "M" EXECUTIVE SUYIMARY TO APPROVE A RESOLUTION ENDORSING THE PACE CENTER FOR GIRLS. INC. AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. OBJECTIVE: Approve a Resolution that endorses the PACE ('entel' ibr Girls. Inc. m Immokalee as a sponsoring agency under the Florida Enterprise Zone Community Contribution 'Fax ('redit Program. CONSIDERATIONS: On 3/28/95. the Board enacted Ordinance ~95-248 nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act. Immokalee was then designated as such by the State effective 1/1 '97. The State also authorized the Collllllulqitv ('ontribulion Tax Credit Program as part of this program whereby a Florida corporatxm can recc~x e a tax credit equal to 50% of the value of a contribution to a State approved community development pro.jeer located \x ithin the Enterprise Zone. The PACE ('entel' for Girls. Inc. is a non-profit agency. localed in lmmokalcc. Fl.. [iZ ~-1101. xxhich provides education and training to at-risk m~ddle school and high school aged gH'ls in the area to complete their high school education and achiexe self-sufficienv. The PA('t( ('enler lbr (iMs. Inc.. is the sponsoring organization applying for this approval with the intent of soliciting monetafar andor land donations on which to build an expanded facility. The project ~s consistertl with the overall illtenl el' lhc Immokalee Area Mastel' Plan. Tile Resolution was recommended for approval by tile ('hairman of the lmmokalcc Enterprise Zone Development Agency. FISCAl. lIMPACT: There is no fiscal innpact on the ('ountv. GROXVTtl MANAGEMENT IMPACT: There is no growth managemere impact. RECOMMENDATIONS: To endorse the PACE Center for Girls. Inc. as a sponsoring agency under the Community ('ontribution Tax Credil Program and authorize the Chairman Io sign the allached Resolution. PREPARED BY: ........'g.~_;~ ../,. 5.;x_....~; ~./'~., G,"e~ M;{, alic[ Dirccto,':? '~--%: Housing ~ Urban Improvement ". APPROVED BY: : Jot/~M Dunnuck IIl, Interran Adminislrator Community Der. & Environmental Services Date Date NOV 2 8 2000 Attachment A-1 PROGRAM NARRATIVE PACE Center for Girls, Inc. is a private, non-profit agency with 17 centers located throughout Florida. Each center operates independently with their own budget. The program is non-residential and all services are free. While we are a year-round program, each girl must agree to voluntarily enroll herself. PACE Center for Girls is funded through the Florida Legislature as a delinquency prevention/intervention program. The center has a contract with the local school board to operate as an alternative school within that district. Private grants and donations make up the remainder of the budget. PACE Center for Girls, Collier at Immokalee was opened in 1998 to serve the at-risk female youth in the Immokalee community. PACE, Collier at Immokalee serves 35 girls between the ages of 11-18 in the day program and an additional 30 youth that have left the program to return to the public school, work or college. The average length of stay is 18-24 months. Services offered include remedial instruction, 10:1 classroom ratio, social workers on staff and available for individual, family and group counseling, gender specific programming, etc. Our Mission PACE provides girls and young women an opportunity for a better future through education, counseling, training and advocacy. Our Philosophy PACE values all girls and young women, believing each one deserves an opportunity to find her voice, achieve her potential and celebrate a life defined by responsibility, dignity, serenity and grace. PACE Center for Girls, Collier at Immokalee is currently in a 7,000 sq. foot building and pays an extraordinarily high amount of rent. While the Legislature agreed to increase the number of youth that we serve, we were not able to accept all of the slots due to a lack of space. We have had a waiting list since the program was opened. PACE is seeking approval fi'om the OTTED to be able to build a new facility to house our program. Businesses who might take advantage of the Cormnunity Contribution Tax Credit Program help the Center meet its annual budget and expand it services. These donations are used for community development, if such development includes: Property for a local center to be built Construction materials 201 N. 1st Street, Immokalee, FL 34]42 ITEM NOV 2 8 2000 Attachment A-2 Architectural plans Communications system (telephone, computer, etc,) Landscaping materials Once we are in the new building, we will be able to expand services to the youth and families that we serve. Our project would include the expansion of the program to include additional Career Awareness and Job Development activities. Cultural activities would benefit the diverse population we serve and work toward fostering harmony in the community. Businesses who might take advantage of the Community Contribution Tax Credit Program help the Center meet its annual budget and expand it services. Business that help with our plans to expand will also be able to benefit from lhe CCTCP Program. These donations are used for community developmere, if such development includes: Tutoring programs (career development) for children at risk of dropping out Vehicles/Bus Art Supplies and Instructor Therapeutic Intervention Supplies Cash It is the sincere hope of the PACE Center for Girls, Collier at lmmokalee staff, students, and Board oF Directors that the CCTCP Program will see fit to approve our center for all benefits available under this program so we may continue to help improve the quality of life for the people oflmmokalee. A~..~A ITE~ NOV 2 8 2000 1 RESOLUTION 2000 - 2 $ A RESOLL'TION BT THE BO.-MRD OF COL~TY CO*iM1SSIONERS OF COLLIER 4 COUNTY, FLOPdDA; ENDORSING THE PACE CENTER FOR GIRLS, iNC. iN 5 IMMOKALEE AS A SPONSORING AGENCY L~'DER THE FLORIDA 6 ENTERPRISE ZONE COMMUNITT CONTRIBUTION TAX CREDIT PROGR:\M. 7 8 WHEREAS. the State of Florida has enacted the Florida Enterprise Zone Act. 53 Sections 290.001 - 290.010, Florida Statutes, to provide incentives by both State and -1 0 local govennnent to induce private investment into distressed areas to create economic '1 -1 opportunities and sustainable economic development; and 12 \\'HEREAS, the Board of County Commission enacted Resolution ~95-245 .on 13 March 28, Io95, nominating the Immokalee Community as an Enterprise Zone pursuant 14 to the Florida Enterprise Zone Act; and 15 WHEREAS. the State of Florida designated the Immokalee area as a State 16 Enterprise Zone ef£cctive Janua~5' 1. 1997; and 17 \~,qlEREAS. the State encourages the participation of private corporations in 18 revita!ization projects b5 granting either partial state corporate income franchise tax 19 credits or insurance premium taxes to co~porauons that contribute resources to public 20 redevelopment organizations for tile revitalization of enterprise zones: and 2'1 WHEREAS. the State authorized the Community Contribution Tax Credit 22 Program. under Section 220.153. Florida Statutes, x\hich allov,'s any Florida coq*oration 23 to receive a tax credit of 50 percent o£ the value of lhe donation [not to exceed 24 in any one year) against any corporate income franchise tax or insurance premium tax due 25 for a taxable year for contributions to a State approved community development project 26 located within tile Enterprise Zone; and 27 \VHEtLEAS, the PACE Center for Girls, Inc., a non-profit organizati~n 28 incorporated in the state o£Florida, is located within the Immot,:alee Enteq~risc Zone and 29 meets the criteria as a sponsoring organization under Section 220.03(I~it), Florida 30 Statutes; and 3'1 \VHEREAS, the PACE Center for Girls, inc. projects are consistent with tile 32 overall intent of the Immokalee :Area Master Plan, a separate element of the Collier 33 County Growth Management Plan; and 34 \VHEREAS, the PACE Center for Girls, Inc. is the sponsoring organization 35 applying for approval as a State approved Community DeveIopment Project. 36 NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 38 39 40 41 42 The PACE Center for Girls, Inc. projects. as described in Attachment A, are consistent with the Collier County Growth Mana,?ment Plan and the hnmokalee Area Master Plan, NOV 28 200fi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 Titis Resolution adopted afi~.r motion. second and majority vote favoring same. DATED: ATTEST: D\\qGHT E. BROCK COLLIER COL%'TY BOARD OF COLL%TY COMMISSIONERS By: Cl:rk James D. Carter, Ph.D., Chairman Date: APPROVED AS TO FORM .AND LEGAL SUFFICIENCY: Patrick G. White Assistant County Attorney 2 NOV 2 8 2000 EXECUTIVESUMMARY LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NL~BERS: 90107038fKenda!l, Sheryl; 90107041/Kendall, Sher}~!; 90107042/Kendall, Sheryl OB~IECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 01-06~99 b. Notice of Violation served 01-16-99 90107038 KENDALL, SHERYL c. Notice of Violation Posted NA $2,780.00 d. Unabated nuisance verified 04-16-99 e. Nuisance abated with public funds 05-23-00 f. Owner invoiced for costs 06-05-00 a. Violation determined 01-06-99 b. Notice of Violation served 01-16-99 90107041 KENDALL, SHERYL c. Notice of Violation Posted NA $2.780.00 d. Unabated nuisance verified 04-16-99 e. Nuisance abated with public funds 05-23-00 f. Owner invoiced for costs 06-05-00 a. Violation determined 01-06-99 b. Notice of Violation served 01-16-99 90107042 KENDALL, SHERYL c. Notice of Violation Posted NA $2,780.00 d. Unabated nuisance verified 04-16-99 e. Nuisance abated with public funds 05-23-00 f. Owner invoiced for costs 06-05-00 J{,d 3 NOV 2 8 2000 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 8,340.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $37.50, ,a'hich is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Janet Powers, Operations Manager Code Enforcement DATE: REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: Joh~-M. Dunnuck'~II, Interim Administrator Co~hmunity Development & Environmental Services NOV 2 8 2000 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN KENDALL, SHERYL DATE: 4027 MARIE DR LAKELAND, FL 33813-3996 REF. INV.# 1556 FOLIO # 1140640002 LIEN NUMBER LEGAL DESCRIPTION: A Section of Section 7, Township 52 South, Range 30 East, as more particularly described in appended Exhibit consisting of two (2) typewritten pages. Beginning at the Northwest Corner of that particular tract of land in section 7, Township 52 South, Range 30 East, conveyed by deed dated October 19, 1940, by Barron Collier Jr. & Wife Barbara May Collier et al. Recorded in Deeds 9 page 515 Collier Count.~ records. said Northwest corner being marked by an iron pipe set in the East Bank of Everglades-Deep lake canal; run thence Southwesterly along the East bank of said canal 100 feet; run thence East (true) to a point intersecting the East boundar.~ line of the property above described, and conveyed, to N.V Webb and wife, which is the Southeast Corner of the land herein conveyed; run thence North I degree 25 minutes West (True) to an iron pipe marking the Northeast corner of the tract herein conveyed; run thence West (true) 238 feet to the point of beginning; containing 0.56 acres more or less; said tract conveyed herein being the same property executed from that certain Warranty Deed made October 31, 1946 by N. V Webb and wife Laura Webb to A.E Dewar and wife, recorded in public records of Collier Counly in Deed book 13 at page 321, together with al improvements thereon. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on April 16, 1999 order the abatement of a certain nuisance existing on the above proper~y prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nusiance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. AUTO PARTS, WOOD, METAL PLASTIC, 55 GAL DRUMS CONTAMINATED SUBSTANCES OF OIL, TRANS FLUID, GREASE ETC. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO THOUSAND FIVE HUNDRED EIGHTY ($2,580.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO THOUSAND SEVEN HUNDRED EIGHTY ($2,780.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florid:l. shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government ,~nter, ~itlt~h~ Trail East, Naples, Florida 34112 in writing within ten (10) days from the date this notice. NOV 2 8 2000 F: LIENS/MSTR LNAL 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 4o 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 62 63 65 66 67 RESOl.i rTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 9147 , as amended, the direct co~ts of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the Count>, as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properts,' against which made until paid: and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONqERS OF COLLIER COUNTY. FLORIDA, that the propert3, described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: KENDALL, SHERYL LEGAL DESCRIPTION: A Section of Section 7, Township 52 South. Range 30 East, as more particularly described in appended Exhibit consisting of two (2) tyl~written pages. Beginning at the Northwest Corner of that particular tract of land in section 7, Township 52 South, Range 30 East, conveyed by deed dated October 19, 1940, by Barron Collier Jr. & Wife Barbara May Collier et al. Recorded in Deeds 9 page 515 Collier County records, said Northwest corner being marked by an iron pipe set in the East Bank of Everglades-Deep lake canal; run thence Southwesterly along the East bank of said canal 100 feet; run thence East (true) to a point intersecting the East boundary line of the propert)' abo,~e described, and conveyed, to N.V ~Vebb and wife, which is the Southeast Corner of the land herein conveyed; run thence North I degree 25 minutes ~,'est (Tru(~ to an iron pipe marking the Northeast corner of the tract herein conveyed; run thence West (true) 238 feet to the point of beginning; containing 0.56 acres more or less; said tract conveyed herein being the same property executed from that certain Warrant) Deed made October 31, 1946 by N. V Webb and wife Laura ~:ebb to A.E Dewar and wife, recorded in public records of Collier County in Deed book 13 at page 321, together with al improvements thereon. COST: $2,780.00 REFERENCE#: 1556 FOLIO #: 1140640002 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph. ,DChairman Approved as to form and legal sufficiency: ~ I THOMA C. PALMER, Assistant County Attorney F: LIEN/MSTR RESOLUTION NOV 2 8 20" g BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN KENDALL, SHERYL 4027 MARIE DR LAKELAND, FL 33813-3996 DATE: REF. INV.# 1559 FOLIO # 1140720003 LIEN NUMBER LEGAL DESCRIPTION: A Section of Section 7, Township 52 South, Range 30 East, as more particularly described in appended Exhibit consisting of two (2) typewritten pages. Commencing at a point on the gauge line of the Easterly rail of the Atlantic Coast Line Railroad, said point being on the Southerly line of Section 7, Township 52 South, Range 30 eat, Collier County, Florida, 371.4 feet Easterly from the Southwest Corner thereof; thence N 13 degrees 41' E 1804.47 feet to a point on the gauge line of said rail; thence N 89 degrees 30 ' E 98 feet more or less to the East Bank of the Everglades-lmmokalee Canal to the point of beginning of the tract herein conveyed; thence continuing 89 degree 30' E 9.2 feet more or less to a concrete monument with a 3A inch pipe, set flush with the ground in a roadway extending from a bridge over said canal, said monument being S 13 degree 41' W 100 feet from a concrete monument with a 3 inch brass disk marking the Northeast Corner of a tract of land conveyed to N.V and Laura B~ebb and recorded in the Public Records of Collier County, Deed Book 17, Page 362, thence continuing N 89 degree 30' W 294.58 feet to a concrete monument with a 3A inch pipe; Thence S89 degree 30' W 9.2 feet more or less to the Easterly Bank of said bank or said Canal; thence N 13 degrees 41' E following the Easterly Bank of said canal 112.5 feet to point of beginning, less the northerly 78.31 feet thereof You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on April 16, 1999 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nusiance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY, AUTO PARTS, WOOD, METAL PLASTIC, 55 GAL DRUMS CONTAMINATED SUBSTANCES OF OIL, TRANS FLUID, GREASE ETC. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO THOUSAND FIVE HUNDRED EIGHTY ($2,580.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO THOUSAND SEVEN HUNDRED EIGHTY ($2,780.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Govemmet Trail East, Naples, Florida 34112 in writing within ten (10) days from the dal F: LIENS/MSTR LNAL L:ent~AIl~l~mt NOV 2 8 2000 6 7 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 2.3 24 25 26 2'7 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 RESOLUTION NO. 2000-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 9147 , as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such proper~y; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNWI'Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement. to wit: NAME: KENDALL, SHERYL LEGAL DESCRIPTION: .A Section of Section 7, Township 52 South, Range 30 East, as more particularly described in appended Exhibit consisting of two (2) typewritten pages. Commencing at a point on the gauge line of the Easterly rail of the Atlantic Coast Line Railroad, said point being on the Southerly line of Section 7, Township 52 South, Range 30 eat, Collier County, Florida, 371.4 feet Easterly from the Southwest Corner thereof; thence N 13 degrees 41' E 1804.47 feet to a point on the gauge line of said rail; thence N 89 degrees 30 ' E 98 feet more or less to the East Bank of the Everglades-lmmokalee Canal to the point of beginning of the tract herein conveyed; thence continuing 89 degree 30' E 9.2 feet more or less to a concrete monument with a 3/4 inch pipe, set flush with the ground in a roadway extending from a bridge over said canal, said monument being S 13 degree 41' ~,~,' 100 feet from a concrete monument v~ith a 3 inch brass disk marking the Northeast Corner of a tract of land conveyed to N.V and Laura Webb and recorded in the Public Records of Collier County, Deed Book 17, Page 362, thence continuing N 89 degree 30' W 294.58 feet to a concrete monument ~sith a 3/4 inch pipe; Thence S89 degree 30' W 9.2 feet more or less to the Easterly Bank of said bank or said Canal; thence N 13 degrees 41' E following the Easterly Bank of said canal 112.5 feet to point of beginning, less the northerly 78.31 feet thereof COST: $2,780.00 REFERENCE#: 1559 FOLIO #: 1140720003 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof. a certified cop>' of this !-resolution shall be recorded in the o ficial records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier Count v. Florida, this __ day of __ 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk ,James D. Cart:or, Ph, D , Chairman Approved as to form and '~)ffL( legal sufficiency: ) 0 ~ ~ THOMAS C. PALMER, Assistant County Attorney F: LIEN/MSTR RESOLUTION NOV 2 8 2000 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN KENDALL, SHERYL DATE: 4027 MARIE DR LAKELAND, FL 33813-3996 REF. INV.# 1560 FOLIO # 1140680004 LIEN NUMBER LEGAL DESCRIPTION: A Section of Section 7, Township 52 South, Range 30 East, as more particularly described in appended Exhibit consisting of two (2} typewritlen pages. Commencing at a point on the gauge line of the Easterly rail of the Atlantic Coast line Railroad said point being on the Southerly line of Section 7, Township 52 South, Range 30 East, Collier County, Florida, 371.4 feet Easterly from the Southwest corner thereof; thence W 13 degree 41' E 1691.97 feet to a point on the gauge line of said rail; thence N 89 degrees 30' E 98 feet more or less to the East Bank of the Everglades-lmmokalee Canal, the point of beginning of the tract herein conveyed; thence continuing N 89 degree 30' E 9.2 feet more or less to a concrete monument with a 3/4 inch pipe, said monument being S 13 degree 41' W 212.5 feet from a concrete monument ~'ith a 3 inch brass disk marking the Northwest Corner of a Tract of land conveyed to N.V and Laura Webb and recorded in the Public Records of Collier County Deed Book 17, Page 3621 thence continuing N89 degree 30' E 294.58 feet to a concrete monument. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on April 16, 1999 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nusiance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. AUTO PARTS, WOOD, METAL, PLASTIC, 55 GAL DRUMS CONTAMINATED SUBSTANCES OF OIL, TRANS FLUID, GREASE ETC. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO THOUSAND FIVE HUNDRED EIGHTY ($2,580.00) DOLLARS plus an administrative cost of T~o-hundred ($200.00) dollars for a total of TWO THOUSAND SEVEN HUNDRED EIGHTY ($2,780.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date F: LIENS/MSTR LNAL NOV 2 8 2000 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 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 65 67 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 9147 , as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the Count.5' as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property' against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%.) per annum, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: KENDALL, SHERYL LEGAL DESCRIPTION: A Section of Section 7, Township 52 South, Range 30 East, as more particularly described in appended Exhibit consisting of two (2) typewritten pages. Commencing at a point on the gauge line of the Easterly rail of the Atlantic Coast line Railroad said point being on the Southerly line of Section 7, Township 52 South, Range 30 East, Collier County, Florida, 371.4 feet Easterly from the Southwest corner thereof; thence W 13 degree 41' E 1691.97 feet to a point on the gauge line of said rail; thence N 89 degrees 30' E 98 feet more or less to the East Bank of the Everglades-lmmokalee Canal, the point of beginning of the tract herein conveyed; thence continuing N 89 degree 30' E 9.2 feet more or less to a concrete monument with a % inch pipe, said monument being S 13 degree 41' W 212.5 feet from a concrete monument with a 3 inch brass disk marking the Northwest Corner of a Tract of land conveyed to N.V and Laura Webb and recorded in the Public Records of Collier County Deed Book 17, Page 362; thence continuing N89 degree 30' E 294.58 feet to a concrete monument. COST: $2,780.00 REFERENCE#: 1560 FOLIO #: 1140680004 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien againgl such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk James D. Carter, Ph.,DChairman Approved as to form and legal sufficiency: ~/9( THOMAS C. PALMJER, Assistant County Attorney F: LIEN/MSTR RESOLUTION NOV 2 8 2000 EXECUTIVE SUMMARY LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 1999050782/Richard Vetter, 1999060912/Stuart O. Kaye TR, 1999051395/Mimon Baron, 1999050574/LaRue, 1999080428/Henry Crawford OB~IECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 05/11/99 b. Notice of Violation served 05/19/99 c. Notice of Violation Posted NA 1999050782 Vetter, Richard d. Unabated nuisance verified 06/25/99 $1,100.00 e. Nuisance abated with public funds 08/04/99 f. Owner invoiced for costs 08/12/00 a. Violation determined 06/15/99 b. Notice of Violation served undeliverable 1999060912 Kaye TR., Stuart O. c. Notice of Violation Posted NA d. Unabated nuisance verified 7/08/99 $245.00 e. Nuisance abated with public funds 07/14/99 f. Owner invoiced for costs 08/12/00 a. Violation determined 05/21/99 b. Notice of Violation served undeliverable c. Notice of Violation Posted NA $245.00 1999051395 Baron, Mimon d. Unabated nuisance verified 06/17/99 e. Nuisance abated with public funds 08/10/99 f. Owner invoiced for costs 08/12/00 a. Violation determined 05/05/99 b. Notice of Violation served unclaimed c. Notice of Violation Posted 06/01/99$245.00 1999050574 LaRue, Claude E. d. Unabated nuisance verified 06/14/99 e. Nuisance abated with public funds 06/16/99 f. Owner invoiced for costs 08/12/00 NOV 2 8 2000 1999080428 Crawford, Henry a. Violation determined b. Notice of Violation served c. Notice of violation Posted d. Verification of unabated nuisance e. Nuisance abated with public funds f. Owner invoiced for costs 08/09/99 undeliverable 09/09/99 09/14/99 10/11/99 08/12/00 $245.00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 2,080.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $62.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Ja~l~t Powers, Operations Manager Code Enforcement DATE: REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement DATE: APPROVED BY: Jo~- M-J' Dunnuck III, Interim Administrator Cd0nmunity Development & Environmental Services DATE: NOV 2 8 2000 Pg. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RICHARD VETTER TR. DATE: 1361 AIRPORT RD S NAPLES, FL 34116 REF. 1NV.# 1218 FOLIO # 81570040001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 1, WESTVIEW PLAZA, a subdivision according to the plat recorded in Plat Book 13, Page 50, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 29, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER WASTE OR ABANDONED PROPERTY. SUCH CONSISTING OF BUT NOT LIMITED TO BEER BOTTLES, FURNITURE, 4 LAWN MOWERS, OLD CLOTHING, PLASTIC TARPS AND BUCKETS, SEVERAL BAGS OF GARBAGE. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of NINE HUNDRED ($900.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of ONE THOUSAND ONE HUNDRED ($1,100.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the dale of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 2 8 2000 F: LIENS/MSTR LNAL 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 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 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, ,q,: provided in Ordinance No. 99-51, as successor to Ordinance No. 91--47, as amended, the direct cos: ~:)f abatement of certain nuisances, including prescribed administrative cost incurred by the Count). hall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: VETTER TR, RICHARD LEGAL DESCRIPTION: Lot 1, WESTVIEW PLAZA, a subdivision according to the plat recorded in Plat Book 13, Page 50, of the Public Records of Collier County, Florida. COST: $1,100 REFERENCE#: 1218 FOLIO #: 81570040001 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JhMES D. Approved as to form and legal sufficiency: ~ [ THOMnS C. PALMER, Assistant County Attorney F LIEN/MSTR RESOLUTION CARTER, PH.D. , Chairman NOV 2 8 2000 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN STUART O. KAYE TR. DATE: 16990 TAMIAMI TRAIL N. NAPLES, FL 34114 REF. INV.# 1178 FOLIO # 36114520000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 26, Block 122, GOLDEN GATE, UNIT 4 Plat Book 5, Pages 107- 114 inclusive of Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 8, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED FORTY FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 am excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: L1ENS/MSTR LNAL NOV 2 8 200O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4o 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: KAYE TR, STUART O. LEGAL DESCRIPTION: Lot 26, Block 122, GOLDEN GATE, UNIT 4 Plat Book 5, Pages 107- 114 inclusive of Public Records of Collier County, Florida. COST: $245 REFERENCE#: 1178 FOLIO#: 36114520000 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES Do Approved as to form and legal sufficiency: 1~6~,,~..~ THOMAS C4:. ~'ALM~R, A~sistant County Attorney F: LIEN/MSTR RESOLUTION CARTER, PH.D. , Chairman NOV 2 8 2000 (o , BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BARON, MIMON DATE: 2375 TAMIAMI TRAIL N. STE 300 NAPLES, FL 33940 REF. INV.# 1230 FOLIO # 55200240000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, LELY COUNTRY CLUB, MUIRFIELD according to the plat thereof as recorded in Plat Book 14 Page 75, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 17, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCU%!ULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED FORTY FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice, F: LIENS/MSTR LNAL NOV 2 2000 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 29 30 3l ;2 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BARON, MIMON LEGAL DESCRIPTION: Lot 6, LELY COUNTRY CLUB, MUIRFIELD according to the plat thereof as recorded in Plat Book 14 Page 75, of the Public Records of Collier Count)', Florida. COST: $245 REFERENCE#: 1230 FOLIO #: 55200240000 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment withi? twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official re~,)rds of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessmenu by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES D. CARTER, PH.D. Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F: LIEN/MSTR RESOLUTION , Chairman NOV 2 8 2000 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE DATE: 7012 CHADWELL RD SW HUNTSVILLE, AL 35802 REF. ENV.# 1140 FOLIO # 62092120004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 & You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Propen3,' Appraiser, are hereby advised that the Code Enforcement Director, did on June 14, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED FORTY FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL NOV 2 2000 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 2,:1 25 26 27 28 29 30 31 ;~2 ~3 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LA RUE, CLAUDE LEGAL DESCRIP'[ION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 & COST: $245 REFERENCE//: 1140 FOLIO #: 62092120004 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk · Chairman JAMES D. CARTER,, PH.D. Approved as to form and legal sufficiency: THOMAS C. PALMER, Assistant County Attorney F: LIEN/MSTR RESOLUTION [q0V 2 8 2000 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CRAWFORD, HENRY DATE: 5430 MARTIN ST NAPLES, FL 34113-7820 REF. INV.# 1360 FOLIO # 62101760009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 13, NAPLES MANOR ADDITION, according to the plat thereof on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 & 68 You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on September 14, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED FORTY Fl~,~ ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida. shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL NOV 2 2000 n. // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4l 42 43 44 45 46 47 48 49 5o 51 52 53 54 55 56 57 58 59 6o RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CRAWFORD, HENRY LEGAL DESCRIPTION: Lot 9, Block 13, NAPLES MANOR ADDITION, according to the plat thereof on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 & 68 COST: $245 REFERENCEIt: 1360 FOLIO It: 62101760009 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES D. Approved as to form and legal sufficiency: THOMAS C. PALb, I_ER, Assistant County Attorney CARTER, PH.D. , Chairman NOV 2 8 2000 F: LIEN/MSTR RESOLI. IT1ON ~}~' /2 EXECUTIVE SUMMARY LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 1999040928/Asbell, John; 1999040927/Asbell, John; 1999090445/EMC Holdings; 1999090604/Catete, Jose & Lucila, 1999090559/Torres, Gerado & Criselda OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 04/21/99 b. Notice of Violation served 05/14/99 1999040928 Asbell, John c. Notice of Violation Posted 05/18/99 d. Unabated nuisance verified 06/08/99 $675.00 e. Nuisance abated with public funds 07/12/99 f. Owner invoiced for costs 09/14/00 a. Violation determined 04/21/99 b. Notice of Violation served 05/04/99 1999040927 Asbell, John c. Notice of Violation Posted 05/19/99 d. Unabated nuisance verified 06/08/99 $1,400.00 e. Nuisance abated with public funds 07/02/99 f. Owner invoiced for costs 09/14/00 a. Violation determined 08/16/99 b. Notice of Violation served undeliverable 1999090445 EMC Holdings Inc. c. Notice of Violation Posted NA d. Unabated nuisance verified 09/29/99 $245.00 e. Nuisance abated with public funds 10/18/99 f. Owner invoiced for costs 08/12/00 a. Violation determined 08/23/99 b. Notice of Violation served No Receptacle 1999090604 Catetc, Jose Luis & c. Notice of Violation Posted 10/05/99 d. Unabated nuisance verified 10/12/99 & 01/13/00$475.00 Lucila e. Nuisance abated with public funds 02/09/00 f. Owner invoiced for costs 08/10/00 NOV 2 8 2000 n. 1999090559 Torres, Gerado & Criselda a. Violation determined b. Notice of '/iolation served c. Notice ol , :olation Posted d. Verification of unabated nuisance e. Nuisance abated with public funds f. Owner invoiced for costs 08/17/99 undeliverable NA 10/04/99 10/25/99 08/10/00 $245.00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $ 3,040.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $62.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: wers, Operations Manager Code Enforcement DATE: REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: Joh~J~Vl. Dufinuck III, Interim Administrator CorAlnunity Development & Environmental Services DATE: 11-/to-CO BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JOHN R. ASBELL 365 5TM AVENUE NAPLES, FL 34112-5754 DATE: REF. INV.# 1158 FOLIO # 30480240007 LIEN NUMBER: LEGAL DESCRIPTION: Lots 1-6, Block B East Gate Subdivision as recorded in Plat Book I, Page 56, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 8, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER WASTE OR ABANDONED PROPERTY. LITTER CONSISTING OF DO%2NED TREE LIMBS & BRANCHES You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOUR HUNDRED SEVENTY FIVE ($475.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of SIX HUNDRED SEVENTY FIVE ($675.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 2 8 2000 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2o 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 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12'%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ASBEL, JOHN R. LEGAL DESCRIPTION: Lots 1-6, Block B East (~ate Subdivision as recorded in Plat Book 1, Page 56, of the Public Records of Collier County, Florida. COST: $675.00 REFERENCE#: 1158 FOLIO #: 30480240007 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA BY: BY: Deputy Clerk JAMES D. CARTER, PH.D. ,Chairman Approved as to form and legal suff~cy: (~ l THOMAS C. PALMER, Assistant County Attorney NOV 2 8 2000 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER CO~_~qTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JOHN R. ASBELL 365 5TM AVENUE NAPLES, FL 34112-5754 DATE: REF. INV.# 1158 FOLIO # 30480280009 L1EN NUMBER: LEGAL DESCRIPTION: Lots 7 & 8, Block B East Gate Subdivision as recorded in Plat Book 1, Page 56, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 8, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER WASTE OR ABANDONED PROPERTY. LITTER CONSISTING OF DOWNED TREE LIMBS & BRANCHES EXOTICS: CONSISTING OF BRAZILLIAN PEPPERS, MALALEUCA, WOMANS TONGUE AND EARLEAF ACACIA You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE THOUSAND TWO HUNDRED ($1,200.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of ONE THOUSAND FOUR HUNDRED ($1,400.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL NOV 2 8 2000 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 3.3 34 35 36 37 38 39 40 41 49 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ASBEL, JOHN R. LEGAL DESCRIPTION: Lots 7 & 8, Block B East Gate Subdivision as recorded in Plat Book 1, Page 56, of the Public Records of Collier County, Florida. COST: $1,400.00 REFERENCE//: 1154 FOLIO #: 30480280009 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA BY: BY: Deputy Clerk 3/kN.E$ Approved as to form and legal sufficiency: ~ ~ THOM/[,~. ~,~LI~E~,~ Assistant County Attorney D. C/LRTER, PH.D. , Chairman NOV 2 g 2000 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN EMC HOLDINGS, INC. DATE: 800 LAUREL OAK DR. SUITE 303 NAPLES, FL 34108-2713 REF. INV.# 1384 FOLIO # 68300002627 LIEN NUMBER: LEGAL DESCRIPTION: Lot 31, PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof recorded in Plat Book 21, Pages 1-4, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on September 29, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HLrNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for heating shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL 1ov 2 2000 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 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: EMC HOLDINGS, INC. LEGAL DESCRIPTION: Lot 31, PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof recorded in Plat Book 21, Pages 1-4, of the Public Records of Collier Count)', Florida. ~" COST: $245.00 REFERENCE#: 1384 FOLIO #: 68300002627 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of >11ier County, Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk 0'AblF_~ Do Approved as to form and legal sufficiency: ~'~ I(,~,~~ THOMAS C. PALMER, Assistant County Attorney F: LIEN/MSTR RESOLUTION CARTER,, PH.D. , Chairman NOV 2 8 2000 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JOSE LUIS and LUCILA CATETE DATE: 66 ISLE ST. THOMAS NAPLES, FL 34114 REF. INV.# 1502 FOLIO # 68342480003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 66, of an unrecorded plat of PORT-AU-PRINCE MOBILE HOMES SUBDIVISION, being more particularly described as follows: East ½ of the East 1/2 of the Northeast quarter of Section 15, Township 51 South, Range 25 East, Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 13, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO HUNDRED SEVENTY-FIVE ($275.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR-HUNDRED SEVENTY- FIVE ($475.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, it any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. NOV 2 B 2000 F: LIENS/MSTR LNAL 4- ? 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6o 61. 62 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WlTH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such propert},; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CATETE, JOSE LUIS AND LUCILA LEGAL DESCRIPTION: Lot 66, of an unrecorded plat of PORT-AU-PRINCE MOBILE HOMES SUBDIVISION, being more particularly described as follows: East 1/2 of the East !/z of the Northeast quarter of Section 15, Township 51 South, Range 25 East, Collier County, Florida. COST: $375.00 REFERENCE#: 1502 FOLIO #: 68342480003 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such propert.x according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES D. Approved as to form and · legal sufficiency:r--. f r"-', · THOMAS C. PALMER, Assistant County Attorney CARTER, PH.D. , Chairman ~.,F. NOA NOV 2 8 2000 F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN TORRES, GERARDO & GRISELDA 1830 28TM AVE SW NAPLES, FL 34116 REF. INV.# 1366 LEGAL DESCRIPTION: DATE: FOLIO # 36000000003 LIEN NUMBER: Lot 13, Block 100, Golden Gate, Unit 3,according to the plat thereof as recorded in Plat Book 5, Page 101, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the off-ice of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 4, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 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 55 56 57 58 59 60 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the propert)' described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: TORRES, GERARDO & CRISELDA LEGAL DESCRIPTION: Lot 13, Block 100, Golden Gate, Unit 3,according to the plat thereof as recorded in Plat Book 5, Page 101, of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE#: 1366 FOLIO #: 36000000003 The County shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES Approved as to form and legal sufficiency: /-.)j ! THOM/~S C. PALMER, Assistant County Attorney F: LIEN/MSTR RESOLUTION D. CARTER, PH.D. , Chairman NOV 2 8 2000 ,,. /,;- EXECUTIVE SUMMARY FINAL ACCEPTANCE OF THE ~rATER UTILITY FACILITIES FOR THE CA~tLISLE A/K/A THE COLONY OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of The Carlisle, has constructed the water facilities within dedicated easements to serve this development. See attached-lodation map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on September 9, 1998, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated'and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects In materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) ~ The Utilities Performance Security (UPS), in the form of a Performance Bond No. 3SE 924 389-00 will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating- and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regfonal Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. NOV 2 200 Executive Summary The Carlisle a/k/a The Colony Page Two ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHEOLOGICAL IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: None EAC RECOMMENDATION: None CCPC RECOMMENDATION: None RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for The Carlisle, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED...BY: Sh ~( Techniciany,/~ngg EngineeringL~eview Services II Date REVIEWED BY: f, Engineering Review Services Manager ' Planning Services Department Director Date APPROVED BY: ~Mh~ ~ yDU~,~.Lk~ IM~,NI Interim Administrator U T P ~ AND ENVIRONMENTAL SERVICES Date attachments LOCATION MAP AGENDA ITEM NOV 2 8 2000 · Bond ~ 3SE 924 389-00 UTILIT'[ES PERFOP..MANCF' BOND KNOw ALL PERSONS BY THZSE PRESENTS tha~ CARLISLE AT NAPLES, LTD, a Florida limited partnership 3225 Aviation Avenue. Suite 700 Coconut Grove, Florida 33133 (hereina~er referred to as "Owns", and American Manufacturers Mutual Insurance Company Name of S~rery c/o Acordia Southeast, Inc. Address 311 Park Place Blvd. (Bond Department) Clearwater, Florida '34683 (hereinafter referred to a.s "SureEe"), are held and firmly bound umo Collier Coumy, Florida, (hereinafter called "County"), in the total aggregate penaJ sum of Seventeen thousand~ five hundred & twenty-nine Dollars ($~9~0~ ~ ]av,'fial money of the United Stmes, for the payment of which sum dollars ...... well and truly to be made, we brad ourselves. our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these pre~ents. O~mer and Surety are used for singular or piural, as/he conte.~ requires TH3E CONDITION OF THIS OBLIGATION is such that Whereas. the Owner entered ~ntr~ a cer-,ain j'~,.~k'~t~Conmruction Contract. dated 2_nd day of July . 1997 ~ a copy of which ~s hereto attached and made a p~xt hereof: and (Contract between Carlis le at Naples, Ltc · and Current Builders of Fla., Inc.) WHEREAS, ~he County has a material iracrest in the performance of said Coreract and WHEREAS the County has adopted Ordinm~ces and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obli~a~ons to the County regardmS the construction. conveyance and warranty of water and sewer facilities camstrucked w~thin the uruncorpoxated area of Collier County; NOW. TI-EEREFORE, if' the Owner sh~l well, truly and faithfully pe~-forrn its obligations and ciuties to the County under said Land Development Regulations and all the undertakings. co,,enants. terms. conditions. and agreements of said contract dunng the original term thereof, and any extensions thereof ~'hich may be granted by the Owner,. wi~h or without notice to the Surety azd during ~he guaranty period established by the County, and thereafter, and fithe Owner snail satisfy all clams and demands incurred under such coreract. and shall fully mderrtr, i~v and save hazmiess the County from al costs and d~anages which it may suffer by reason or fafiure to do so, and shall reimburse and repay the County all outlay and expense which the-County may incur in makang good any default. then this obtigauon shall be void. otherwise to remain in full force and effect PROVIDED, FURTHER. that the said Surety, for value received hereby, stipulates and agrees that no change, e~ensions of time, aherarion or addition to the terms of the contract or to v,'ork to be l:erformed ~hereunder or the spcci§ca,aons accompanying same shall in any way affect ~ts obligation on this Bona, and it does hereby wmve notice of any such change. e.x~ension of nine, alteration or addition to the terms of the contract or to the work or to lhe specifications. PRO~qDED. FU'RTIKER, that it is expressly a_m'eed that ~he bond shall be deemed amended automatically and immediately, withou~ formal and separate amendments hereto, upon amendment to the Contract not increasing ~he contract price more than 20 percent, so as to bind the Owner and the Surety to the full and faith~l performance of the contract as so amended. The term "Amendment", wherever used is this bond, and whether referring to this bond, the Contract or other documents shall include any aheratm~, addition or modification of any character what soever NOV 2 8 2000 · Bond q]~ 3SE 924 389-00 IN WIT~SS WH2EREOF, the pasties hereto have caused this Instrument to be executed 26t_hday of August , lq 98 OWNER. CARLISLE AT NAPLES, LTD, a F, orida limited partnm-sh~p RLc ar .~e ty Florida Resident Agent /q] 'A-. 'S[~tton - - STATE OF FLORjIDA By CARLISLE AT NAPLES, INC., STrEWART MARCUS, President SURETY. American Manufacturers Mutual Insurance Company //~hn 7' ~mer.~Attorney-in-Fact COL.FNTY OF DADE The foregoing Utilities Performance Bond was acknowledged before me by STEWART M_ARCUS, as President of and on behalf of CARLISLE AT NAPLES, INC, a Florida corporanon. as General Partner of CARLISLE AT NAPLES. LTD, a Florida limated partnership, on behalf of the Partnership, ' ~'~nally known to> or produced idenfificanon: type of ~dendfication (.Affix notarial seal) N - - -~ .,:.: : mary Pubiicll':-,-gj?; :',7 D(PmIlES:Au0~t~,19ffi STATE OF FLOR.LDA COLFNTY O.F~ Pinelias The foregoing Utilities Performance John F. Palmer, Attor,ney-in-Fact who ~s personally kno~,'n to me or produced Bond was acknowledged before me by ('rifle) ofAmerican Manufacturers Mutual Insurance identification. type of identification produced:Company WITNESS my hand and official seal this ~6 t h_ day Of Au gu s t,1998 (.~ffix no~afial seal) .." >~'~T,N ~ Corm --- ~--~- ~ )~,.-~._x~ '~2~. ~ ;~' ;,' '"~'j/j/j NO ~ 7~7 ] Nota~ Pubhe NOV 2 8 2000 Bond # 3SE 924 389-00 I 'l rnPE R, Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the Amedcan Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their pdn~:ipal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint John F. Palmer; Jerry D. Cross; Johnnie Lee Anderson; Sherri Beuchert; Jude A. Sutton; Craig W. Fenton; Richard P. Keast and Chrystal Hatcher of Tampa, Florida (EACH) ............................................... their true and lawful agent(s) and attomey(s)-in-fact, to make, execute, seal, and deliver dudng the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) .............................................................. EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in wdting and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf Of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees 'designated in wdting and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this November 25, 1997. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company Robert P. Hames, Secretary by J.S. Kern :)er, III, Exec.Vice Pr~siden~ NbA NOV 2 8 2000 Bond # 3SE 924 389-00 STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the Amedcan Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. My commission expires 1-28-98 CE RTI FlOATION Irene Klewer, Notary Public I, J.K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insuran. ce Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated November 25, 1997 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company. arid the Amencan Manufacturers Mutual Insurance Company. IN TEST!MONY WHEREOF, I have hereunto subscrib.ed my name and affixed the corporate seal of the LumberTnens Mutual Casualty Company, the American Motorists Insurance Company, and the Amedcan Manufacturers Mutual Insurance Company on this J. K. Conway, Corporate Secretary 26th ¢1~y nf_A,,~ust 1998 . This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power of Attorney - Term AGENDA ITEM NOV 2 8 2000 Printed ~LI.S.A Pg- ~ EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR TWENTY FIRST CENTURY ONCOLOGY LAB OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Twenty-First Century Oncology Lab, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on July 2, 1999, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4.) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash'Bond in the amount of $933.30, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROW~fH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. NOV 2 000 Executive Summary Twenty-First Century Oncology Lab Page Two ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHEOLOGICAL IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: None EAC RECOMMENDATION: None CCPC RECOMMENDATION: None RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Twenty-First Century Oncology Lab, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shiri%~ ~,'E~gi~ssri~g Tsuh~iuian II Engineerin~ Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Dat~ ' / Planning Services Department Director Date APPROVED BY: ~i~U~~~~u Interim Administrator ~,Lk~EI~N~ AND ENVIRONMENTAL SERVICES Date attachments NOV 2 8 2000 I~ THO~J T ~J~)' FOR PURPOSE )H~VERS IRS. R 25 E ! R 26 E ViCINiTY MAP ROT TO W AGENOA ITEM NOV 2 8 2000 To the Order PayalNe at'any SunTn.vst.Bank . . SunTrust Banks, Inc. by its At,-'~orized A~ent -SunTrost Bank, Sou~"lwes~ Florida ,'~,700.o. 5-35~,,' 1:06~,808750'-' 70 i, qO i, q q q r-,,' AGENDA ITEM NOV 2 8 2000 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners Trans Number 124214 Date 04/05/1999 2:33:53 PM Post Date 04/05/1999 Payment Slip Nbr MS 51230 21ST CENTURY ONCOLOGY, INC. 21ST CENTURY ONCOLOGY LAB ' Payor' SUNTRUST Fee Information Fee Code I Description ~GL Account 12BOND I DEPOSITS-COMM DEV (CASH BONDS67000000022011300000 Total Amount Waived $933.30 $933.30 Payment Code CHECK Memo: Payments Account/Check Number 4700853531 Amount $933.30 Total Cash $0.00 Total Non-Cash $933.30 Total Paid $933,30 j Cashier/location: GARRETT_S / 1 User: NIX_S Collier County Board of County Commissioners CD-Plus for Windows 95/NT EXECUTIVE S~RY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "FIDDLER'S CREEK P~ASE A2, UNIT THREE", 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 "Fiddler's Creek Phase 2A, Unit Three", a subdivision of lands located in Section 14, Township 51 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 "Fiddler's Creek Phase 2A, Unit Three" 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 "Fiddler's Creek Phase 2A, Unit Three" be approved for recording. of FISCAL IMPACT: The project cost is $1,544,t25.35 (estimated) ~to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $623,275.00 - $920,850.35 The Security amount, equal to 110% of the project cost, is $ 1,698,537.89 NOV .8 Executive Summary Fiddler's Creek Phase 2A, Unit Three 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: $29,108.30 Fees' are based on a construction estimate of $1,544,125.35 and were paid in June and September, 2000. The breakdown is as follows: a Plat Review Fee ($425.00 + $4./ac)-$ 804.17 b Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 3116.38 Drainage, Paving, Grading (.42% const. est.)-$ 3867.57 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 9349.13 Drainage, - $11971.o5 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: issues HISTORICAL/ARCHEOLOGICAL IMPACT: archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: There are no outstanding environmental There are no historical or That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase 2A, Unit Three" for recording with the following stipulations: Approve the amount of $1,698,537.89 as performance security for the required improvements. Executive Summary Fiddler's Creek Phase 2A, Unit Three Page 3 Approve the standard Agreement, and form Construction and Maintenance 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: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager ttc' Date Date Ro~er~ Y~ul~ere, AICP Planning Services Department Directer APPROVED BY: John/'~. Dunnuck III, Acting Administrator CommUnity Development & Environmental Services ///-_~ Date Date j rh NOV 2 8 200,q TION MARCO ISLANI) LOCATION MAP ~v ~.8 2ooo I EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MAJORCA AT FIDDLER'S CREEK", 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 "Majorca at Fiddler's Creek", a subdivision ef lands located in Section 14 Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval ef subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Majorca at Fiddler's Creek" 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 "Majorca at Fiddler's Creek" be approved for recording. FISCAL IMPACT: The project cost is $202,062.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 74,812.00 - $127,250.00 The Security amount, equal to 110% of the project cost, is $222,268.20 AC~N~A NOV 2 2000 Executive Summary Majorca at Fiddler's Creek Page 2 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: $4145.94 Fees are based on a construction estimate of $202,062.00 and were paid in September, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 461.00 b) c) Paving, Grading (1.3% const. est.) GROWTH M~_NAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 374.06 Drainage, Paving, Grading (.42% const. est.)- $ 534.45 Construction Inspection Fee Water & Sewer (1.5% const. est.) - Sl122.18 Drainage, - $1654.25 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: issues HISTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeological impacts EAC RECOM/~ENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Majorca at Fiddler's Creek" for recording with the following stipulations: Approve the amount of $222,268.20 as performance security for the required improvements. NOV 2 2000 Executive Summary Majorca at Fiddier's Creek Page 3 o Approve the standard Agreement, and form Construction and Maintenance 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: J6hn R. Heuldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Rob6r~{ Mulhere, AfdP Planning Services Department Director APPROVED BY: John .~. Dunnuck III, Interim Administrator Commd~ity Development & Environmental Services Date Date jrh NOV 2 8 2000 ~UL~ERRY LANE )ARKWAY DR. CHAM1)IONSHIP FIDDL[:R'S PARK~ CLUB BLVD. DWG 1 2 4 5 6 7 8 LOCATION MAP OV 2 8 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 107", 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 107", 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 107" 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 "Medit'erra Parcel 107" be approved for recording. final plat of FISCAL IMPACT: The project cost i's $321,909.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 67,355.50 - $254,553.50 The Security amount, equal to 110% of the project cost, is $ 354,099.90 NOV 2 8 2OOO Executive Summary Mediterra Parcel 107 Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by ~his project: Total: $6184.16 Fees are based on a construction estimate of $321,909.00 and were paid in October, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 458.72 b) c) Paving, Grading (1.3% const. est.) GROWTH MA/~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 336.78 Drainage, Paving, Grading (.42% const. est.)- $1069.13 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1010.33 Drainage, - $3309.20 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: issues HISTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeological impacts EAC RECOM}4ENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra Parcel 107" .for recording with the following stipulations: Approve the amount of $354,099.90 as performance security for the required improvements. NOV 2 8 2000 Executive Summary Medlterra Parcel 107 Page 3 2 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Mu!here, AICP Planning Services Department Director APPROVED BY: Date John M. Dunnuck III, Interim Administrator Community Development & Environmental Services Date jrh NOV 2 8 2000 OJECT CAT~ MEDITERP. A R0¥AL COVE DR C IMPERIAL GOLF COURSE BLVD. E~PRE5$ CT S T~E C~ C~STL~. GARDE~J LA l TEAGAR[,EN LA AV V~OVa,CK ~ ERIE DR VICINITY MAP I 0 1000 2000 4000 SCALE IN FEET N NOV282000 ] EXECUTIVE SUM/4ARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TARPON BAY", 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 "Tarpon Bay", a subdivision of lands located in Section 30 Township 48 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 "Tarpon Bay". 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 "Tarpon Bay" be approved for recording. FISCAL IMPACT: The project cost is $1,702,260.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 539,400.00 - $1,162,860.00 The Security amount, equal to 110% of the project cost, is $ 1,872,486.00 NOV 2 B 20,,00 Executive Summary Tarpen Bay Page 2 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: $31,577.19 Fees are based on a construction estimate of $1,702,260.00 and were paid in August, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 788.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 2697.00 Drainage, Paving, Grading (.42% const. es~.)-$ 4884.01 Construction Inspection Fee Water & Sewer (1.5% const. est.) $ 8091.00 Drainage, - $15117.18 The Concurrency Waiver and Release relating to c~nditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no outstanding environmental 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 "Tarpon Bay" for recording with the following stipulations: Approve the amount of $1,872,486.00 as performance security for the required improvements. AC~3~A I~ NOV 2 8 2000 Executive Summary Tarpen Bay Page 3 Approve the Agreement, and standard form Construction and Maintenance 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: John R. Houldsworth Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuc~[ P.E. Engineering Review Manager Date Date Ro~e'rt I Mulhere, AICP Planning Services Department Director APPROVED BY: John ~' Du~nuck III, Interim Administrator Community Development & Environmental Services Date Date j rh NOV 2 8 2000 , UTH, PLAT B,OOK PAGE SHEET 1 OF 4 18 17 614tP ~6 15 2~ ~9 ? 20 2! 22 LOCA T/ON MAP NOV 2 8 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "EDEN AT THE STRAND REPLAT - 1" OBJECTIVE: To approve for recording the final plat of Eden at the Strand ReplaE - t, a subdivision of lands located in Section 18, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Eden at the Strand Replat 1" 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 "Eden at the S%rand Replat - 1" 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 AGF~'~A ITEI~ NOV 2 2000 Executive Summary Eden at the Strand Replat Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: archeological issues There are no historical or EAC RECOM/~ENDATION: Approval CCPC RECOMMENDATION: Approval PLA/~RING SERVICES STAFF RECOMI~ENDATION: That the Board of County Commissioners approve the Final Plat 'of "Eden at the Strand Replat - 1" with the following stipulations: 1. Authorize the recording of the Final Plat of "Eden at the Strand Replat -- 1." PREPARED BY .' John R. Heuldswerth, Senier Engineer Engineering Review Date REVIEWED BY: Themas E. Kuck, P.E. Engineering Review Manager Roh{ert Mulhere, AiCP Planning Services Department Director APPROVED BY: John/~. Dun~u~k, IiI~Acting Administrator Cemm~nity Dev. and Environmental Svcs. /?'- Date Date NOV 2 8 2000 c) c) KLAI ~ L~ L~ i',, I"AbL SHEET 1 of 2 ROAD-E/W ' SITE VICINITY MAP NOT TO SCALE NOV 2 8 2OO0 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "LOT 2 CAPRI COMMERCIAL CENTER REPLAT" OBJECTIVE: To approve for recording the final plat of Lot 2 Capri Commercial Center Replat, a subdivision of lands located in Section 3, Township 51 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Lot 2 Capri Commercial Center Replat" 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 "Lo% 2 Capri Commercial Center Reptat" 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 outstanding environmental issues Executive Summary Lot 2 Capri Commercial Center Replat Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: historical or archeological issues EAC RECOM1HENDATION: N/A CCPC RECOMI~ENDATION: N/A There are no outstanding PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Lot ~ 2 Capri Commercial Center Repiat" with the following stipulations: 1. Authorize the recording of the Final Plat of "Lot 2 Capri Commercial Center Replat." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulhere, AICP Planning Services Department Director APPROVED BY: John ~ Du~nuck III, Interim Administrator Commu~ity Dev. and Environmental Svcs~ Date Date Date EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PEBBLEBROOKE PLAZA" OBJECTIVE: To approve for recording the final plat of Pebblebrooke Plaza, a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Pebblebrooke Plaza" 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 "Pebblebrooke Plaza" be approved for recording. final plat of 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 outstanding environmental issues A~iDA ITEM NOV 2 8 2000. Executive Summary Pebblebrooke Plaza Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: historical or archeological issues. EAC RECOM/~ENDATION: Approval CCPC RECOMMENDATION: Approval There are no outstanding PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Pebblebrooke Plaza" with the following stipulations: 1. Authorize the recording of the Final Plat of "Pebblebrooke Plaza." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R b~ AICP Planning Services Department Director APPROVED BY: John Mi/- Dunnuck III, Interim Administrator Community Dev. and Environmental Svcs. Date Date Date , NOV28 2000 ~ LES-IMMDKALE ROAD (C,R, 846) ' / ~ / /- PEBBLEBR F1KE ~ : MIDDLE SCHDDL ss s~ ~OCATION MAP NOV 2 $ 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE WORK ORDER WMI - FT - 01 - 01 WITHIN CONTRACT 99-2981 WITH WILSONMILLER FOR FIXED TERM LAND SURVEYING AND PHOTOGRAMETRIC SERVICES. OBJECTIVE: To contract with WilsonMiller to create a blueprint for implementing a County- wide GIS system. CONSIDERATION: Annual contracts for Land Surveying and Photogrametric Services have been utilized by the Board of County Commissioners for the past several years. This is the initial workorder within the existing budget for the GIS implementation plan that includes data development coordination, conceptual spatial database design, a GIS data development pilot study, and establishing GIS applications design parameters. This GIS implementation plan seamtessly overlays the system County-wide taking into account the standards and requirements of all effected departments. FISCAL IMPACT: This $67,000 project is to be funded on a 50/50 basis between Community Development and Environmental Services and the County Water and Sewer Capital Projects Funds. Funding is already established in the Community Development funds as well as the associated County Water and Sewer capital projects funds, therefore budget amendments will not be necessary. The funding source is user fees. GROWTH MANAGEMENT IMPACT: The imp!ementation of the County-wide GIS system will continue to improve the ability of staff to implement the Growth Management Plan. This system will allow more efficient use of staff time and resources, provide more accurate information resulting in better decision-making, and improve customer service. RECOMMENDATION: That the Board of County Commissioners approve the workorder WMI -FT- 01 - 01 with WilsonMiller under contract 99-2981. Thomas D. Kelley, Business Ma,~'~~-~ Community Development and Environmental Services Division APPROVED BY: ~ 3.-~:~ DATE: II ~1 ~]John M. Dunnuck, Interim Administrator ¥ C~evelopment and Environmental Services Division APPROVED BY: /'/ .~'~'~'-~_~~~J DATE: '7I-~V. Mudd, PE., Administrator Public Utilities Division - AGENDA WORK ORDER # WMI - FT-01-01 Agreement for Fixed Term Land Surveying and Photogranmlctric Serviccs Dated JANUARY 25,2000 (RFP 99-2981) This Work Order is for professional surv~-ing sen:ices for work known as (Title) Geographic Information System (GIS) (Reason for Project) Collier County is proposing to enter into a contract with WilsonMiller who will create a blueprint for implementing an enter.prise-xxidc GIS for Collier County. The work is specified in the proposal dated February 2000 (revised Oclober 2000). which is attached hereto and made a part of this Work Order. In accordance with the Terms and Condilions of the Agreement referenced above, Work Order # WMI - FT-01-01 is assigned to WilsonMiller (Firm Name) Scope of Work: Task 1. Data Development Coordination Task 2. Detailed GIS Implementation Plan Task 3. Conceptual Spatial Database Design Task 4. GIS Data Development Pilot Study Task 5 GIS Applications Design Parameters Schedule of Work: Complete work within fourteen (14_!_ weeks from receipt of lhe Notice to Proceed authorizing start of work Compensation: In accordance with Article Five of lhe Agreement, the County will compensate the Firin in accordance with lhe 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 tile Agreement) Dala Development Coordination S10.000 Detailed GIS Impletnentation Plan 25.000 Conceptual Spatial Database Design 5,000 GIS Data Development Pilot Study 15.000 GIS Applications Design Paramelers 12,000 TOTAL FEE $67.000 113 1'38900 634999 Project 00000 - $33.500 412 273511 631400 Project 70033 - $16,750 414 263611 631400 Project 73032 - $16.750 Any change within inouetary authorits' of lhis Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. AUTHORIZED BY: h~M ~Q'~~ [' 111~/= ' ' Datc ~,~un~n;y:~l;Ip~;~m&A~)i~;s2::2:;al Services Division APPROVED BY: -~.. Adminislrat~ ---M~ Public Ulilities Division Approved as to Forin and ~.~al Su f.f~c~ e n cy: A s s-7-~i s t a n t"~ o u n t ,,~f Attor~e~ ACCEPTED BY' ATTEST: (Corporate Secrelary) No. {C" fi?./" '-- Pg. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MAHOGANY ESTATES", 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 "Magohany Estates", a subdivision of lands located in Section 21 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 "Mahogany 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 "Mahogany Estates" be approved for recording. the final plat of FISCAL IMPACT: The project cost is $15,000.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ -0- b) Drainage, Paving, Grading - $15,000.00 The Security amount, equal to 110% of the project cost, is $16,500.00 AGEt,~,A 17E~') ,, No. ~/ NOV 8 2.000 Executive Summary Mahogany Estates Page 2 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: $708.00 Fees are based on a construction estimate of $15,000.00 and were paid in November, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $450.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $-0- Drainage, Paving, Grading (.42% const. est.)- $ 63.00 Construction Inspection Fee Water & Sewer {1.5% const. est.) - $-0- Drainage, - $195.00 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: issues HISTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeologicat impacts EAC RECOMI~ENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mahogany Estates" for recording with the following stipulations: Approve the amount of $16,500.00 as performance security for the required improvements. NOV 2 8 2000 Executive Summary Mahogany Estates Page 3 2 o Approve the Agreement, and standard form Construction and Maintenance 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: John R.' Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date // Date Robert Mulhere, AICP Planning Services Department Director APPROVED BY: John ,~¥. Dunr[uck' ili, Interim Administrator Cemmu~ity Development & Environmental Services Date Date j rh ESTATES )I ? 21 )N GATE ESTATES AND 22 OF THE 9, TOWNSHIP 49 UNIT NO. 32, PUBLIC RECORDS OF SOUTH, RANGE ~6 EAST. PROJECT SITE ~ o z o M~HOGANTM RIDOE DR'I',,"E WOODS ~,R~, E Tx-,MARiND RIDGE DR"~- SYCAMORE DR!VE PINE RIDGE ROAD - CP. LOCATION MAP ~,,,o: To Sccte AGENDA No. ,/~,: (~.2 /~' NOV ;~ 8 2.000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BELLAGIO AT FIDDLER'S CREEK", 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 "Bellagio at Fiddler's Creek", a subdivision of lands located in Section 22 Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval ef subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Bellagio at Fiddler's Creek" 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 AgreemenU 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 "Bellagio at Fiddler's Creek" be approved for recording. plat of FISCAL IMPACT: The project cost is $254,522.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $103,006.00 b) Drainage, Paving, Grading $151,516.67 The Security amount, equal to 110% of the project cost, is $279,974.94 AGENp~A ~T/E,~ ~ NOV 8 2000 Executive Summary Bellagio at Fiddler's Creek Page 2 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: $5147.19 Fees are based on a construction estimate of $151,516.67 and were paid in September, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 481.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 515.03 Drainage, Paving, Grading (.42% const. est.)- $ 636.37 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1545.08 Drainage, - $1969.71 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: issues HISTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeotogical impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Bellagio at Fiddler's Creek" for recording with the following stipulations: Approve the amount of $279,974.94 as performance security for the required improvements. NOV 2 8 2000 Executive Summary Bellagio at Fiddler's Creek Page 3 Approve the standard Agreement, and form Construction and Maintenance 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: John R. Hould~{~o'~th, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulhere, AICP Planning Services Department Director APPROVED BY: John Mi. Dunnuck III, Interim Administrator Community Development & Environmental Services Date Date Date' Date j rh AGEN~DA IT~\ ! .~ NOV 8 2000 Ilia 1 FOUND IN COLLIER BL YD. ~ BALD EAGLE DRIYE GULF OF MEXICO LELY ~LAND CLt./B CENTER DNII~ CREEK Y LOCA T/ON MAP N.Z.S. NOV 2 8 2000 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL, ROAD RIGHT-OF-WAY. SIDEWALK. SLOPE, UTILITY, DRAINAGE, MAINTENANCE, NOISE ABATEMENT WALL INTERESTS AND/OR TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR LIVINGSTON ROAD BET~'VEEN GOLDEN GATE PARKVVAY AND PINE RIDGE ROAD PROJECT, CIE NO. 52. OBJECTIVE: To adopt a Resolution to acquire by gift or purchase of fee simple title interests and/or non-exclusive, perpetual, road right-of-way, sidewalk. slope, utility, drainage, maintenance, noise abatement wall interests and/or temporary construction interests by easement required to complete the six-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52, (hereinafter referred to as "the Project"). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital h'nprovement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99-13 for CIE #52. Staff has reviewed alternative locations, environmental factors. cost variables, safety and welfare considerations as the).' relate to the construction of the Project and staff has advised the Board that based on these factors and after reviewing these factors with the Board that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution. The Board will also be authorizing condemnation of the parcels within the Project. However, this Resolution is to approve settlement with owners without having to present each parcel to the Board on a case by case basis· This procedure shall expedil~e the Project. This Resolution supercedes Resolution 99-425 approved by the Board of Count), Commissioners on November 23, 1999, Item 16(b)(19). FISCAl., IMPACT: Total acquisition costs m'e estimated at $1,677,288.00. and includes all land, improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52. Funds in the amount of $1,677,288.00 are available in the Gas Tax Road Construction Fund for the Livingston Road Project Number 60071. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #52. AG, ENDA ITEM No, NOV 2 8 2000 RECOMMENDATION: That the Board of Count),' Commissioners: Having reviewed alternative locations. environmental factors, cost variables, safety and welfare considerations as they relate to the Project. find that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution; and (2) Adopt the attached Resolution authorizing the acquisition by gift or purchase the fee simple title interests and/or non-exclusive, perpetual road right-of-way, sidewalk, slope, utility, drainage, maintenance, noise abatement wall interests and/or temporary construction interests by easement required to complete the ~ix-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road; and (3) Authorize the Chairman to execute the attached Resolution; and (4) Approve any and all necessary budget amendments. SUBMITTED BY: REVIEWED BY: Toni A. Mott, Supervisor Real Propert)' Management Department DATE: X,,,.._ '~. , ,., ,< \'-._ ¥*...,~.` ~t .. DATE: ~i / Mit'ch l~'ii'ei', P.E., Interim-Dit;~2tor) / Transportation Engineering and Construction Management Department APPROVED BY: NormfinFeder, AICP, Adm±n±strator Transportation Division DATE: AGENDA ITEM No. NOV 8 2000 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. 2000 A RESOLUTION AUTHORIZING THE ACQUiSITiON OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL NON- EXCLUSIVE ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, .MAINTENANCE AND NOISE ABATEMENT INTERESTS AND/OR TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE SIX-LANING IMPROVEMENTS FOR LIVINGSTON ROAD PROJECT BETWEEN GOLDEN GATE P.~RKWAY AND PINE RIDGE ROAD, CIE NO. 52. WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 99-13; and WHEREAS, the six-laning roadway improvements to Livingston Road between Golden Gate Parkway and Pine Ridge Road are component parts of the Transportation Element of the Com~t.y's Comprehensive Plan; and \VHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as the), relate to the implementation of said transportation improvements; and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisiUon of property rights required for the construction of the six-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road, hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said transportation improvements and related facilities have been determined by the Board to be necessary' and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: AGENDA ITEM NOV 2 8 2000 AC3ENDA ITEM NOV 2 8 2000 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. 2. The fee simple title interests and/or non-exclusive, perpetual, road right-of-way, sidewalk, slope, utility, drainage, maintenance and noise abatement wall interests and/or temporary construction interests by easement identified on Exhibit "A" are the most feasible locations, both necessa~ and consistent with the project requirements, in order to permit the construction and maintenance of the transportation improvements and related facilities for Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52. 3. The Board has determined lhat the construction and maintenance of the six-laning transportation improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best imerest of Collier County for the Board to acquire the fee s~mple title interests and/or non-exclusive, perpetual, road right-of-way, sidewalk, slope, utility, drainage, maintenance and noise abatement wall interests and/or temporary construction interests by easement identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the fee simple title interests and/or non-exclusive, perpetual, road right-of-way, sidewalk, slope, utility, drainage, maintenance and noise abatement wall interests and/or temporary construction interests by easement on the property identified in Exhibit "A". 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-effective mam~er. 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a >roperty where the purchase price of the parcel (the compensation due to tl~e property owner) is less :han One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and -Pa~e 2- NOV z 8 2000 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 '93 94 95 96 97 98 the data therefrom) obtained on similar properties and upon consideration and application of appropriate market valt~e and cost data pertinent to the subject parcels. 8. Upon the approval by the Count)' Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the fee simple title. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Transportation Engineering and Construction Managemenl Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 12. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal -Page 3- 99 documents as the Office of the County Attorney may require, the Board hereby anthonzes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be 101 specified on a closing statement and which shall be based upon the appraisal or staff compensation 102 estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 103 13. All title to properties or interests in properties which have been obtained in the manner 104 described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is 106 hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee 107 simple title and such other instruments as may be required to remove the lien of any encumbrance from 108 the acquired properties. 109 AND IT IS FURTIlER RESOLVED that this Resolution supercedes Resolution 99-425 approved by the Board of County Commissioners on November 23, 1999, Item 16(b)(19). THIS RESOLUTION ADOPTED on this __ day of ,2000, after motion, second and majority vote 111 112 112 114 i15 i16 117 118 119 i20 121 ATTEST: DWIGHT E. BROCK, CLERK 122 Clerk 123 124 125 126 127 128 129 130 131 132 133 Approved as to form and 134 legSsufficiency: ~ I-'fe~-di F, Ashton /$ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: AGENDA ITEM NOV 2 8 2000 pg. -Page 4- EXECUTIVE SUMMARY AUTHORIZATION FOR METROPOLITAN PLANNING ORGANIZATION TASK ORDER. Obiectives: Authorize the Transportation Planning Manager to execute a task order for $30,000 for a Build Out Network study to be completed by WilsonMiller for the Metropolitan Planning Organization (MPO). Considerations: On June 23, 2000 the MPO amended its budget (Unified Planning Work Program or UPWP) for the fiscal year beginning July 1, 2000. In that amended UPWP, the MPO agreed to budget $30,000 for the completion by a consultant of a Build Out Network study. The contracts resultant of RFP 98-2902 as signed by the Chairman of the MPO on 9-9-99 provides for task orders to the consultants. Such consultant work always appears as a separate task in the UPWP. On July 31.1998 the MPO authorized the MPO staff director to approve expenditures without formal MPO action that were consistent with the UPWP and County Purchasing Department policy. County Purchasing Department policy requires Board of CounB' Commissioners (BCC) approval for task orders in excess of $25,000. .t~,fFiscal Impact: Funds in the amount of $30,000 ;ire budgeted in the MPO Misc. Grant Programs fund 126. Source of funds are Grants. Growth Management Impact: None. Recommendations: Staff recommends that the Board authorize the Transportation Planning Manager to execute MPO Task Order 2000-9 for the Build Out Network Study, to be completed by WilsonMiller for $30,000. ~.~ Prepared by: Gavin Jones, PE, AICP, Transportation Planning Manager , t: '* ," / Reviewed by: Dawn Wolfe, Transportation Planning Director Approved by: 'Norm~h Feder, Transportation Administrator Date: Date: Date: / -- "' - ~ AGENgA ITEM No.~ (4~' 35 NOV 2 8 2000 pg. / EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF ONE (1) WATER TRUCK, WITH BID# 00-3157 IN ACCORDANCE OBJECTIVE: To provide the necessary water for the construction and upkeep of the existing County Limerock Road System CONSIDERATION: Invitations to bid were sent out on August 22, 2000, and opened by the County Purchasing Department on October 11,2000. Please note; the recommended vendor is not the lowest bidder. However, the lowest bidder did not meet specifications. Bid tabulations are as follows: VENDOR NAME: Atlantic Ford Wallace International TOTAL PRICE $79,915.00 $82,440.00 See attached bid specifications from the two bidders. Staff has reviewed the bids and recommends the bid submitted by Wallace International, as being the lowest bid proposal meeting or exceeding specifications. FISCAL IMPACT: Funding in the amount of $82,400.00 is budgeted in Road and Bridge Fund 101, Capital. '""r'c?Funds for repair and maintenance of the equipment are estimated to be $40,000.00, and will be budgeted for in the 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 # 00-3157 to Wallace International for the purchase of one (1) Water Truck. L~u'f'y Henry, RoaSt' & Brid'ge' Superintel~dent Steven Ca¢~ell P~¢~asin~ DirectOr ./ Edward J.,~nt ¢b, ~aBsportation Operations Director Nor~ad ~. Feder, ~ICP, Transportation Administrator DATE: ///~A~} DATE: DATE: /?" /',/- J ' DATE: AGENDA ITEM NOV 2 8 2000 BID SPECIFICATIONS, BID # 00-3157 A.) B.) C.) D.) E.) F.) G.) ITEM Engine Cab Water Tank Service Center Air Break System Electrical System Frame Assembly ATLANTIC FORD Meets specifications Does not meet specifications Does not meet specifications Does not meet specifications Does not meet specifications Does not meet specifications Does not meet specifications WALLACE INTERNATIONAL Meets specifications Meets specifications Meets specifications Meets specifications Meets specifications Meets specifications Meets specifications AGENDA ITEM No...~;;~.~ NOV 2 8 2000 EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT FOR A PARCEL TO PROVIDE FOR EXPANSION OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT OBJECTIVE: Staff is requesting approval and execution of the attached Donation Agreement with A.R.M. Development Corporation of Naples, Inc., for a 5.0 +/- acre parcel located in Section 8, Township 50 South, Range 26 East which is needed to provide for the Lely Area Stormwater Improvement Project (LASIP) conceptual permits and future stormwater projects. CONSIDERATION: The Stormwater Management Department has been actively involved in the design and permitting of the LASIP for a number of years. When fully implemented, this project will provide reduced flooding potential in portions of East Naples and promote better water quality discharges into the estuaries near Rookery Bay. The conveyance of land in the East Naples area to Collier County will keep the LASIP moving forward through the permitting phase and maintains compliance with the Growth Management Plan which exists to meet the demand of our growing population. A map is attached for reference. The Real Property Management Department has obtained a donation from the owher of the subject property, A.R.M. Development Corporation of Naples, Inc. The County's Pollution Control Department advises in its report there are no findings of environmental concerns that indicate the property should not to be considered suitable for acquisition. The County Attorney's Office and the Stormwater Management Department have reviewed the attached Donation Agreement. FISCAL IMPACT: Staff estimates the total costs of Title Commitment/Policy and recordation of the Warranty Deed, and appropriate documents to clear title in the Public Records of Collier "County, Florida will not exceed $500.00. The above funds are available in the Stormwater Management CIP Fund 325 and have been budgeted for FY 01 in the Lely Canal Project (31101 ). GROWTH MANAGEMENT IMPACT: The Lely Area Stormwater Improvement Project is being implemented in accordance with commitments made in the County's Growth Management Plan. AGENOA ITEM NOV 282000 Executive Summary Page 2 [~ECOMMENDATION: Staff is recommending the Board of County Commissioners to authorize the .~Thairman to execute any documen{s related to the Lely Area Stormwater Improvement Project · ncluding Donation Agreements); and authorize recordation of the Warranty Deeds and other ~,:~ocuments required to clear title in the Public Records of Collier County, Florida. SUBMITTED BY: Cindy M. E~, Real Property Specialist III, Real Property Management Department Date: I) -z-ou REVIEWED BY: APPROVEDBY: Johr~ H. Boldt, PE, PSM, Director, Stormwater~a nagement Department Norma/h Feder,/~ICP, dministrator, Tran~15ortation Division Date://' Date: A(~ENI~A ITEM No. /~ /.5 ,~ NOV 2 8 2000 ? ..... PROJECT: Lely Area Stormwater Improvement Project PARCEL NO.: 201 Folio No.: 00404480006 DONATION AGREEMENT NOV 2 8 2OOO THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between A. R. M. DEVELOPMENT CORPORATION OF NAPLES, INC., a Florida corporation, (hereinafter referred to as "Owner"), whose mailing address is 4206 Enterprise Avenue, #A-7, Naples, FL 34104, and the COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112. ~VITNESSETH: WHEREAS, Owner has requested to convey by gift to the County a fee simple interest for the purpose of stormwater uses, over, under, upon and across the lands described in Exhibit "A" (said hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Warranty Deed to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liehs, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and-recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever'the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the wdtten Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMi 5SIONERS COLLIER COUNTY, FLORIDA ,Deputy Clerk BY: James D. Carter, Ph.D.,.Chairman AS TO OWNER: WITNESSES: V~itness (Signature) Name: Leslie Kyrouac , _. (Print) ? _ _ Witness (Signature) Name: Karrie Anderson (Print) A. R. M. DEVELOPMENT CORPORATION OF NAPLES, INC., a Florida corporation Title/Name Name: ~nn'i 7;'1 { ~ , (Print or type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney AG,E ND_A I_.~EM No. ~, ~/-~_~ NOV 2 8 2000 3 EXHIBIT "A" THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 30 FEET THEREOF AS RESERVED FOR ROAD RIGHT-OF-WAY PURPOSES. NOV 2 8 2000 EXECUTIVE SUMMARY RECOMMENDATION TO EXTEND CONTRACT #98-2821, CONTRACTUAL SERVICES FOR TRAFFIC SIGNALS AND STREET LIGHTS OBJECTIVE: To preserve contractual services for the maintenance of traffic signals and street lights for the safety of the citizens of Collier County for a period of ninety (90) days. CONSIDERATION: 1. Contract #98-2821 was extended sixty (60) days, through November 30, 2000, in order to give the staff an opportunity to research bids and requests for proposals for these services. Through its research, staff has determined that the best interests of Collier County would be served by "piggy-backing" a Dade County contract for street light maintenance and installation and a Broward County contract for the installation and ~naintenance of traffic signals. Another ninety (90) day extension of Contract #98-2821 is required in order to obtain the required paperwork and approval of the Board of County Commissioners to establish the contracts for use by Collier County. ~.?x, FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board of County Commissioners approve the extension of Contract #98-2821 for Contractual Services for Traffic Signals and Street Lights for a period of ninety (90) days. SUBMITTED BY: _ ~ , Date: Robert W. Tipton. P.E., ~ffic Operations Engineer StephegY. CarnelKPurc~(i~{al Services Director E~rO J. Ka~t,~f~raBsportation Operations Director ~r~-kfi Feddn AiCP~ransportation Administrator Date: ~!/3/~ '~, ~GE:~D^ ITEM ~o._2.~ ~ '7 NOV 2 8 2000 EXECUTIVE SUMMARY AMEND RIGHT-OF-WAY LICENSE AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY FOR 20-INCH RADIO ROAD RECLAIMED WATER MAIN EXTENSION, PROJECT 74036. OBJECTIVE: To enhance reclaimed water delivery by constructing a 20-inch Reclaimed Water Main Extension in the Florida Power and Light (FPL) Company right-of-way which will facilitate the interconnection of the two north and south County reclaimed water distribution systems. CONSIDERATIONS: The proposed 20-inch Radio Road Reclaimed Water Main is recommended in the 1997 Wastewater Master Plan Update which was approved by the Board. The project will eventually interconnect the North and South Water Reclamation Facilities. This will improve our ability to distribute reclaimed water to our customers. The County entered into an easement license agreement with FPL in 1987 for installing and operating wastewater transmission pipelines in the FPL easement between Radio Road and Davis Boulevard. This agreement was later amended in 1997 to include a 16-inch reclaimed water main installation. The attached Amendment 2 further amends the license agreement to extend the existing 16- inch in the FPL right-of-way to a new 20-inch reclaimed water main which crosses to the north of Radio Road. FISCAL IMPACT: No funds are required to amend the right-of-way license. GROWTH MANAGEMENT IMPACT: There is no impact at this stage of the project. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve and authorize the Chairman to execute Amendment 2 to the Right-of-Way License Agreement with Florida Power and Light Company. PREPARED BY: -- ~ '-~-- DATE: Moban V. Thampi, P.E., Project Manager Public Utilities Engineering Department Executive Summary Approve Amendment 2 to FPL License Agreement for 20" Reclaimed Water Main Page 2 REVIEWED BY: Karl Boyer, P.E., Interiff~ Director Public Utilities Engineering Department DATE: REVIEWED BY: ..... ,~ , ,, DATE: James V. Mudd, P.E., Utilities Administrator Public Utilities Division MVT'mvt NOV ,~ ~; 2000 AMENDMENT NO. 2 TO FPL LICENSE THIS A~MENDMENT TO LICENSE entered into this day of 2000 at Naples, Collier County, Florida by and between Florida Power & Light Company whose mailing address is P.O. Box 029100, Miami, FL 33102, hereinafter referred to as "COMPANY", and Collier County, a political subdivision of the State of Florida, whose mailing address is 33(11 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "L1CENSEE". WHEREAS, the COMPANY and LICENSEE have previously entered into a License dated September 30, 1987; and WHEREAS, the COMPANY and L]CENSEE are desirous of amending the License. WITNESSETH NOW THEREFORE, in consideration of the covenants provided herein and other valuable consideration, the parties agree that the said License is hereby amended as follows: In addition to the uses permitted under the under the License, L1CENSEE may construct a new twenty inch (20") and sixteen inch (16") reuse water main extension to the existing sixteen inch (16") main in the Florida Power & Light right-of-way. Said twenty inch (20") and sixteen inch (16") main extension shall be constructed as per Wilkison & Associates, Inc. drawing dated August 2000 called "20-inch Radio Road Reclaimed Water Main Extension". Drawing marked Exhibit "C" and attached hereto and made a part hereof. Except as expressly provided herein, the License remains in full force and effect according to the terms and conditions contained lherein. IN WITNESS WHEREOF, the COMPANY and LICENSEE have hereto executed this Amendment to License the day and year first above written. AS TO THE COMPANY DATED: FLORIDA POWER & L1GItT WITNESSES: signature (2) /g(lature Printed/Typed Name C. vtJ, MATP,~S Printed/Typed Name AS TO THE LICENSEE: DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and Legal sufficiency: Assislm~l County Attorney BY: Project 74036 - 20" Radio Road Reclaimed Water Main Extension James D. Carter, P!l.D., Chaimlan EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT FOR FINAL PAYMENT FOR "ODOR CONTROL" REPAIRS AND MODIFICATIONS COMPLETED AT THE NAPLES LANDFILL. OBJECTIVE: To provide funds to make final payments for the repairs and modifications made to improve leachate and gas collection, and for partial closure of Cell 6 (Phases I-lB of the Naples Landfill CONSIDERATIONS: · Waste Management's (WMI's) original estimate for these necessary repairs and modifications was $2,530,000. · All work has been completed. WMI has submitted their final Change Orders, and they have been reviewed by County staff and found to be appropriate and reasonable· · An additional $364,642.53 will be necessary. to fulfill the County's financial obligation. The final total for this project is $2,894,642.53. · The Finance Department has reviewed the Change Orders and determined that the additional amount is necessary to pay WMI's final invoices (Exhibit I). · This 14.4% increase over the original estimate is the result of changes in conditions. For example: It was found that the gas collection system required de-watering pumps on all gas wells, a new lateral gas-collection line, an extra blower, a new pipeline and a new flare. The costs of materials used to cover Phases l-ll of Cell 6 changed during the course of the project. The leachate collection system was repaired and expanded, and all manholes were sealed. These and other additions were made during the course of the project to meet the requirements of the Florida Department of Environmental Protection, and all required additional time, materials and engineering costs. FISCAL IMPACT: The total for this project is $2,894,642.53. These funds are available in Solid Waste Reserves - Capital Outlay. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment needed to make the final payment for the "odor control" repairs and modifications now completed at the Naples Landfill, as originally approved by the Board on 5/25/99 (ltern 8(B)(3)). NOV 2 SUBMITTED BY: __ t i/zc~/c, c~a ~ REVIEWED BY: APPROVED BY: ., ! ~t/~/]P~ X ;?~;~Oa~,._ Date: J~../, ~iedenharn, Solid Waste Coordinator ,~'9:f'~//j.x'.]~t~'(ztt'~- (~f &, ~ ~7t~(,z~ Date: fl. "G~4}~e Yilmaz, Ph.D., P.E., P.H., ~E.P. 'Acting Solid Waste Director J~s V. Mudd, P.E., Pfiblic Utilities Administrator ~1/2,:%.f..',5 c, d. I.-- z c~ uJ LU NOV 2 8 200!1 EXECUTIVE SUMMARY APPROVE CHANGE ORDER #5 FOR SUGDEN PARK LANDSCAPE ARCHITECTURE SERVICES. Ob, iective: To obtain Board approval of Change Order #5 for Sugden Park Landscape Architecture Services, Hydrographic Survey, Structural Pier and Dock Design in the amount of $3,665.00 with Wilson Miller, Inc. Consideration: On 2/4/1997, the Board of County Commissioners approved Work Order WMBP FT-96-14 for $46,400.00 for landscape architecture services, hydrographic survey, and structural pier and dock design. On 3/6/97, Change Order #1 was executed in the amount of $2,800.00 for additional surveying services. On 6/14/97, Change Order #2 was approved for $190.00 for additional meetings. On 1/13/98, the BCC approved Work Order Amendment WMBP FF-96-14 A (Change Order #3)' in the amount of $15,470.00 for additional services. On 5/13/98, Work Order Amendment WMBP-FT-96-14B (Change Order #4) was approved for $4,000.00 for additional services for the design of a Botanical Garden. Since that time, additional services have been requested for construction observation in the amount of $3,665.00 which necessitates this Change Order #5. Fiscal Impact: The necessary funds in the amount of $3,665 is budgeted in the Combined Community Park Impact Fee Fund, Sugden Park Project. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners approve the necessary Change Order #5 to Work Order # WMBP-FT-96-14 with Wilson Miller, Inc. Prepared by: ~~,.,e ~'~,,,,,e.. ~/t.~ Date: -~)ebbie Robe~t~,'0~/perafion CoorO(hato{- Parks and Recreation D~a~ent Reviewed by~~ Date: /fosep!( F. Dilate, ASLA, Project Manager Parks and Recreation Department Reviewed by: ,'~~ /~~ Date: Marla R~msek, bkector/ Parks and Recreation Department Reviewed by: DL~i ~i~Jr?u~b,i~i~ Date: · .. of ~ublic"~e~g ..... NOV 2 8 2000 CHANGE ORDER # 5 TO: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 FROM: Collier County Parks and Recreation Dept. 3300 Santa Barbara Boulevard Naples, Florida 34116 Project Name: Sugden Park Landscape Architecture Services, Hydrographic Survey, · Structural Pier and Dock Design Project No. 80081 Work Order Dated: January 27, 1997 No. WMBP-FT-96-14 Change Order No.: 5 Date: October 23, 2000 Change Order Description: On 2/4/1997, the Board of County Commissioners approved Work Order WMBP- FT-96-14 for $46,400.00 for landscape architecture services, hydrographic survey, structural pier and dock desi'gn at Sugden Park. On 3/6/97, Change Order #1 was executed in the amount of $2,800.00 for additional surveying services. On 6/14/97, Change Order #2 was approved for $190.00 for additional meetings. On 1/13/98, the BCC approved Work Order Amendment WMBP-FT-96-14 A (Change Order #3) in the amount of $15,470.00 for additional services. On 5/13/98, Work Order Amendment WMBP-FT-96-14B (Change Order #4) was approved for $4,000.00 for additional services for the design of a Botanical Garden. Since that time, additional services have been requested for construction observation in the amount of $3,665.00 which necessitates this Change Order #5. See attached scope of services and schedule of fees for this Change Order No. 5 Original agreement amount ...............................................................$46,400.00 Previous Change Orders amount ..........................................$22,460.00 This Change Order No. 5 Amount [add] ...........................................$ 3,665.00 Re,;ised ,4greement ,4mount .............................................................$72,525.00 Original contract time in calendar days ..................................................180 days Adjusted number of calendar days due to previous change orders ..................180 days This change order adjusted time is ...................................................~ ....180 days Revised Contract Time in working days .............................. ................ .....540 days Original Notice to Proceed date ..............................................................February 6, 1997 Completion date based on original contract time .....................................February 6, 1999 Revised completion date due to 'change order(s) ....................................November 30, 2000 September 24, 1999 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully .as if the same were repeated in this acceptance. The adjustment, tb this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Change Order No. 1 Page 2 Prepared by: Jo~p-h F./Delate, ASLA; Project Man/~f Parksxt~.. atio~ Dep~/ij Accepted by: ~j->"~-~_'f--~/~ Fermi~I~-iaz, P.Ei;-~xecutive Viced3//esident/COO Wilson Miller, I~ _ Approved by: ff'//~ __~ I~r]a O. Ramse~7, ~recjt'6'~ Partcs"a~_n'd,Recreation Approved by: ~~,~~ Edw~d J. K~t, ~ D~ Tr~spo~ation Op r~s Dep~ment Date:_~~/t::20 Date: Date://'2- ~ W'd Miller " New Directions In Pla~ing; Design & E~§Jneen'ng April 4, 2000 Mr. Joe Delate Project Manager Collier County Parks & Recreation 3300 Santa Barbara Blvd. Naples, FL 34116 RE: Additional Services Botanical Garden Sugden Park Dear Joe: WilsonMiller has been asked to provide Additional Services for site observations during the construction phase. The services consist of observing construction progress and notifying Collier County Parks & Recreation of the progress and how well the contractor is conforming to the Construction Documents. We propose to perform the requested services under the terms of our Agreement for a Fixed Fee of $3,565. Please review this request, and if you agree, issue a Purchase Order for the services and fees described above. Please call me if you have any questions. Sincerely, ?. Wilso_.n~ Inc./ Vice President I N Naples Fort Myers Sarasota Bradenton Tempe 4571 Co/onial 8oule~ Suite I~ , Fo~ M~, FIo~ 33912-1~ ~1-939-1020 ~ ~1-939-~7a ~. wi~onmille~ corn EXECUTIVE SUMMARY APPROVE A CHANGE ORDER FOR MAX HASSE COMMUNITY PARK, PHASE II LANDSCAPE ARCHITECTURAL SERVICES. Ob. iective: To obtain approval of Change Order #1 for Max Hasse Community Park Phase II. Landscape Architectural Services in the amount of $3,097.50 with A. Gail Boorman & Associates, P. A. Consideration: On 2/2/2000, Work Order # PR-GB-9919 was executed by Staff for landscape architectural services for Max Hasse Community Park Phase II improvements in the amount of $21,000. Since that time, additional services have been requested of the design firm for additional master plan studies and construction detailing, prompting this Change Order #1 in the amount of $3,097.50. Fiscal Impact: The necessary funds in amount of $3,097.50 are budgeted in the Park CIP Fund, Max Hasse Community Park Project. Gro~vth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners approve the necessary Change Order #1 to Work Order # PR-GB-9919 with A. Gail Boorman & Associates, P.A. Preparedby:~f~~ ~'. ~,~r..- Date: Debbie Roberts} Ol~ation Coordinator Parks and Recreation Department Reviewed by: Ffo~eph~. Delate, ~,SLA, ~oject Iv~nagerDate: Department of Parks and Recreation Reviewed by: ~/~ ,/~,,~0~A-.-.~ Date: ~J[a';~a ~;~amsey, Director' ("-/ Department of Parks and R~reation Approved by: ~ ~ _~ff.~-t~J ~'~~ Date: Leo Ochs Jr., Public ~s//Admin. Division of Public S~y,~ces AOENDA ITEM NOV 2 8 2000 CHANGE ORDER # 1 TO: A. GaiI Boorman & Associates, P.A. 1100 5a' Ave. S., #201 Naples, Florida 34102-6407 FROM: Collier County Parks and Recreation Dept. 3300 Santa Barbara Boulevard Naples, Florida 34116 Project Name: Max Hasse Community Park- Phase II Landscape Architectural Services Project No.00165 Work Order Dated: February 2, 2000 No. PR-GB-9919 Change Order No.: 1 Date: October 24, 2000 Change Order Description: On 2/2/2000, Work Order #PR-GB-9919 was executed by staff for landscape architectural services for Max Hasse Community Park Phase II improvements in the amount of $21,000. Since that time, additional services have been requested of the design firm for additional master plan studies and construction detailing, prompting this Change Order #1 in the amount of $3,097.50. See attached scope of services and schedule of fees for this Change Order No. 1 Original agreement amount ...............................................................$21,000.00 Previous Change Orders amount ..........................................$ 0.00 This Change Order No.1 Amount [add] ............................................$ 3,097.50 Revised Agreement Amount .............................................................$24,097.50 Original contract time in calendar days ..................................................120 days Adjusted number of calendar days due to previous change orders ......................0 days This change order adjusted time is .........................................................180 days Revised Contract Time in working days .................................................300 days Original Notice to Proceed date ..............................................................February 8, 2000. Completion date based on original contract time ..........................................June 8, 2000 Revised completion date due to change order(s) ......................................December 8, 2000 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, a.s. fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all ~laims arising out of, or related to, the change_set f9q,rth herein, including claims for impact and delay costs. Prepared by: ~'x~,__ ._~~ ~ [? .~_~ Date: ~ph ~. Delate, ASLA; Project Manager P ar.~n__j~ .Re~ D_epartment Accepted by: ~il-Pette"~, Pr;sid.~ .A .~t)j~ J~ o o,r,ynan ff(A~oci ates Approved by: 7~'/~t',~ '~rla 6. Ran(sey, ~)irect~ Parks and Recreation Del~artrnent Date: American Society of Landscape Architects Land Planning Site Graphics Landscape Architecture REQUEST FOR CHANGE ORDER #1 To: Joe Delate, Collier County Parks & Recreation Dept. From: A. Gail Boorman Date: August 2, 2000 Job: Max Hasse Park, Phase II Purchase Order # 003764 Task ¢6: ,~dditional Services This work has been undertaken at the direction of Collier County Parks Dept. 1. Prepare three additional master plan studies after initial plan was approved. Landscape Architect: Draftsr~an/Designer: 10 hours @ $85.00/hr = $850.00 2 hours @ $50,00/hr = $100.00 Total: $900.00 Prepare construction details and, where appropriate, needed specifications for: Tapered curb section Bench detail and specifications Bike rack detail and specifications Trash container detail and specifications Concrete paving details Storage bins in maintenance area Tree well details Landscape Architect: Draftsman/Designer: Admin/Clerical: 12 hours @ $85.00/hr = $1,020.00 21.5 hours @ $50.00/hr = $1,075.00 1.5 hours @ $35.00/hr = $52.50 Total: $2,147.50 TOTAL DUE CHANGE ORDER #1: TASK 6:$3,097.50 1100 5th Avenue South, Suite 201 - Naples, Florida 34102 NOV 2 8 2000 { - 941-263-2242 - FAX 941-263-6730 EXECUTIVE SUMMARY OBTAIN BCC APPROVAL FOR LIBRARY TO APPLY FOR LIBRARY TECHNOLOGY ACCESS PARTNERSHIP GRANT. A COMMUNITY & OBJECTIVE: Obtain signature of BCC Chairman on the Community and Library Technology Access Partnership Grant. CONSIDERATIONS: The Community & Library Technology Access Partnership Grant, available through the State Library of Florida, provides funds to Florida public libraries that partner with community and faith-based organizations. The partnership provides technology access and training to those affected by the 'Digital Divide'. The partnership concept builds on the strengths and assets of public libraries and community and faith-based organizations. Public libraries have expertise an.d experience in providing technology access and training and a tradition of community outreach. Community and faith-based organizations have unique existing relationships based on service, trust and proximity with residents of distressed communities, and a strong partnership orientation. The Library proposes using grant funds to provide computers and instruction to users of the River Park Recreation Center, partnering with both the City of Naples Recreation Department and the Macedonia Baptist Church. The Library will use the facilities to extend Library services to a population that generally does not use public libraries, to draw children into standard public library activities, and to encourage the children to become life-long library users. Adults will also be able to use the computers to learn work skills, produce resumes, and for research. .. FISCAL IMPACT: This gl'ant does not require any local matching funds. Library Staff time and minor equipment and SupS)lies will come from the Library's budget. No special funds will be ,.. requested to support this proj~t. After the project time period, the Library partners will assume responsibility for maintaining and replacing the equipment when needed. GROWTH MANAGEMENT IMPACT: This item has no Growth Management impact. RECOMMENDATION: authorize'the Chairman to sign' the grant application. Prepared by: ~~_ Sus~}n ,Petr, Children's Librarian Prepared by~~~-~ Andrea Taylor, Children's Librarian Staff recommends the Board approve the Grant Application and Reviewed and Approved by: $o~n W/:_J~o~es, Library. Reviewed and Approved by: Leo Jr., Publi~ Ochs, ~d~nistrator DATE: DATE: t ~ Io"nl oo Florida Department of State, Division of Library and Information Services Community & Library Technology Access Partnership Grant Application Application Due: November 30, 2000 LIBRARY / ORGANIZATION NAME MAILING ADDRESS 650 Central Avenue PHONE # 941-262-8208 CONTACT PERSON Susan Petr FEID # 59-6000558 Collier Count3' Public Library Naples, Florida 34102 Fax# 941-649-1293 EMAIL ADDRESS spetr@collier-lib.org CONTRACTINGAGENCY NAME Collier County Board of County Commissioners. PROJECT NAME River Park Community Center Grant GRANT FUNDS REQUESTED $ 25,000 NUMBER OF PERSONS TO BE SERVED BY THE PROJECT 13(}0 NAME AND ADDRESS OF SITE WHERE SERVICES ARE TO BE PROVIDED: River Park Community Center735 Eighth Street South Naples, Fl. 34102 FOR THE SITE WHERE SERVICES ARE TO BE PROVIDED, GIVE THE PERCENTAGE OF THE STUDENTS PARTICIPATING IN THE NATIONAL SCHOOL LUNCH PROGRAM IN THE ELEMENTARY SCHOOL ZONE SERVED BY THE FACILITY: 63c/( and 28c/~ SPECIFY THE SCHOOL ZONE (NAME THE SCHOOL} AND THE SCHOOL DISTRICT: Shadowlawn Elementar) School & Lake P~rk Elementary School Collier County Board of Education John W. Jones Typed Name and Sig~re 0f LO/Organization Date Director 60 AGENDA ITEM No. I~ r,j 3 NOV 2 8 2000 Pg.,; & · Community and Library Technology Access Partnership Grant The Project Through this project, Collier County Public Library, would like to utilize the grant funding to forge a partnership between the Library and River Park Community Center with supporting partnerships of the Macedonia Baptist Church and the City of Naples. These funds would make possible the realization of our vision in lessening the impact of the digital divide that is currently present between the generally affluent population of Collier County and what is available to the residents and children served by the River Park Community Center. In doing this, the partnership will provide computer workstations, instructional classes, and an enhanced homework center for children involved in the after-school programs, as well as those adults seeking to enhance their lives through the use of technology and information. This grant will enable the residents of the area to utilize the digital world, giving them the opportunity to compete in the 21st century. Collier County Public Library From its inception, the Collier County Public Library has been built on partnerships. The Friends of the Library of Collier county started the first public library in the county in 1957 in partnership with the Women's Club. A private philanthropist deeded an entire square block on Central Avenue in Naples, Florida for the exclusive use as a public library. The Friends led the fundraising and built the first public library building in Collier County. In 1992 the County renovated and expanded the current Headquarters Library to . over 36,000 square feet. The Library now functions as a Department within the Public Services Division under the governance of the Board of County Commissioners of Collier County. A five member Library Advisory Board is appointed to establish Library Policy and recommend courses of action concerning the future development of the Library system. Since 1957 the Library has grown in size to include seven additional branches. These branches are located in Immokalee, Everglades City, East Naples. Golden Gate, Golden Gate Estates, Marco Island and North Naples (Vanderbilt Beach). In this fiscal year (2001) the County will begin construction of a new, 42,00~ square foot Headquarters Library, centrally located in the unincorporated area of Collier Count)'. While the number of community partnerships has grown and continues to change from year to year, what have remained constant are the Library's responsiveness to the needs of the community and the commitment to service of our active and dedicated local community groups. The Collier County Public Library System serves one of the largest counties east of the Mississippi River, a county that is larger than the states of Rhode Island and Delaware. Collier is bounded by the Gulf of Mexico on the west and Lee, Hendry, Broward, Dade and Monroe counties on the north, east and south. The County includes the incorporated cities of Naples, Marco Island and Everglades City, and the unincorporated areas of Immokalee, Golden Gate, Golden Gate Estates, East Naples and North Naples. Collier County continues to experience incredible population growth, increasing to approximately 210,000 today from a mere 38,000 in 1970. Collier County is listed yearly in the top ten growth areas of the nation and Florida. Projections show a population of 315,900 by the year 2015. Currently, Collier County Public Library has over 140,000 registered library patrons. Approximately 70c/c of the population have library cards. The Library system circulated over 2,100,000 items in FY 2000. Some Collier communities use their neighborhood library branch more than others do. The more heavily used libraries are located on the coast and near the population centers of the Count)'. Vanderbilt Beach Branch, Headquarters Library and the Marco Island Branch comprise the majority of Library circtilation and Library visits. Nearly 70c/¢ of Collier County jobs are in the lower paying fields of agriculture, retail trade and the service industries. Government jobs, finance and investment related businesses, manufacturing, wholesale trade and construction comprise the remaining 30c/¢ of the job market. The average wage earner earns only about $22,000 a year. The statistics above paint a picture of contrasting populations in Collier County. On one side we see an affluent and well-educated population along the coast. In contrast, areas away from the coast like Immokalee, Golden Gate Estates and Everglades City have significantly high poverty rates. In response, the Library's roles and services vary from area to area. As stated in its Long-Range Plan, the Collier County Public Library sees itself as: · Community Information Center · Preschoolers Door to Learning · General Reference Library · Popular Material Library · Formal Education Support Center · Independent Learning Center · Research Center AGENDA ITEM No. 16, NOV 2 8 2000 pg._ 2 Besides these traditional roles, the Library has also adopted the following local roles: · ' Access to Modem Multi-media · Sponsor of Educational, Informational and Cultural Programs & Activities These roles support the Mission Statement that Collier CounO' Public Library will systematically, organize and disseminate in a timel)' and cost effective manner, a select collection of print and non-print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier Count3,. The library offers fiction and non-fiction books, Best Sellers and Books on Tape, feature film and educational videos, music CD's and CD-ROM's; as well as Literacy, Foreign Language, Large Print, Florida and Genealogy collections to the Collier County Community. The Headquarters' Reference collection is the largest in the Library system. It contains encyclopedias, business directories, investment and medical information. The Library's Website delivers NewsBank, Ebsco, Electric Library, First Search, GaleNet, Tax Forms, Novelist, Phone Directories and Encyclopedias to anyone who can access our site on-line. The Library's site, www.collier-lib.org, also allows customers with our Library card to reserve a book and check their record, in addition to accessing the catalog. The Library provides introductory classes about the Internet and regular classes on using our automated catalog. Both reference staff and trained computer professionals teach classes~ The Library has Internet workstations available to the public at every location in the system. The public computers are f'fitered using WebSense, a selection tool allowing the Library to best respond to community needs and standards. Web sites are reviewed by categories, and customers and staff have the opportunity to request sites be added or reconsidered. Through Outreach Services, the Library provides materials to the homebound and those in nursing homes, jails, hospitals, migrant camps, elementary schools and daycares. Mail-a-Book, a postage free service to patrons of any age is available to those who are physically unable to come to the Library. In FY 2000 Outreach Services presented over 70 programs for residents of independent and assisted living facilities. The vast majority of these programs were presented in 20 residential facilities and included Holiday specials, book discussion groups, painting and storytelling programs. Attendance figures for these programs were close to 2000. A number of these facilities also receive Large Print and Paperback donations from the Library. The Library recognizes the growing importance of technology in providing electronic access to worldwide sources of information for Library users. The Library staff has greatly benefited from the training opportunities provided through SWFLN. As use of technology will assist the Library in fulfilling its mission statement, the Library has developed a Long-Range Technology Plan, which it has integrated with its traditional Long-Range Plan. This Technology Plan enhances the ability of the Library to provide services for the informational, educational, recreational and cultural needs of the residents of Collier County in a timely and cost-effective manner. The Technology Plan also enables staff to systematically plan for the effective use of information technologies currently available and those yet to be developed. The Library goals for the Long-Range Technology Plan include: · Provide education for staffandpublic in using electronic sources Optimize Librao"s use of automation software Expand patron and staff access to and knowledge of information resources beyond Collier Count3' Public Libtar3,. Related to these goals, the time-line and action plan for FY2001 include the following activities: · Add public access terminals to facilities other than formal branch libraries; i.e. Briggs Resource Center, Farm Workers Village (Immokalee), and other sites as deemed appropriate. · Add electronic records for holdings of Law Librao' and Agricultural Extension Services Librao' to CCPL database, as time permits. · Provide weekly public orientations at Headquarters Library. These include an introduction to electronic resources in the Reference Department. · Provide at least m'o Worm Wide Web classes for the public at each Library annually. similar sized Library systems in {~ population of its size in Florida, i:, indicates a very high level of rea(~ All' of the Collier County Public L;brary's services, goals and plans depend on its resources; and these resources are taxed in the extreme. Recent Florida Librat)' -;~tistics have shown that Collier County Public Library has the 1o,west Expenditure Per Capita of area. While Collier County has one of the lowest Books Per Capita measurement (1.3) for a so has the largest Circulation Per Capital (8.13) of any sim[ ~' skills and needs found within the Collier County general p aui'~tio~.GENDA iTEM N OV 2 8 ! 2000 3 Since 1994 the Collier County Public Library has experienced tremendous growth. The Collier County Public Library ranks in the bottom 10% in the State of Florida when it comes to Library Square Feet Per Capita (.33). Circulation per year has increased by 500,000 items and citizen usage by 60%. It is obvious that the majority of 6ur citizens are highly educated and bring with them high expectations of library service and a life long history of library usage. More assets will be needed if the Library is expected to fully meet the expectations of the citizens. Collier County has the "perfect" Library population. This system's growth and accessibility will only be limited by the resources invested in it. Need Although the River Park area is located in a city that has seen its share of the economic boom in the last few years, it has had little effect, if any, on this area so close to the prestigious area of 5* Avenue and downtown Naples. The 41-10 a~ea, a name by which River Park is commonly called, consists of two large housing "projects", a community center, a daycare, and the Macedonia Baptist Church, which represents the heart of this poor community. The current community center, a segregation-era relic of the former Naples school for Black children, is used for many community programs including, after-school programs, planned-parenthood classes, and technology classes. The current economic state depicts a community that is in great need of advances in all areas and is currently undergoing many proposed changes including the restoration of canals, the construction of a new recreation facility, public parks and improved lighting. Presently, the River Park Community Center houses a computer lab that is available to many of the children and adults who reside in that area. The lab contains ten 1980's Macintosh computers, which are indicative of the building which surrounds them. They are relics of a former era and are not meeting the technological needs of the residents. By updating and replacing the present computers, the center could better serve the children who are being exposed on a regular basis to the latest technology at school by offering them a multi-media homework center. It is disheartening for the children who learn the skills at school, but come home to technologically sparse surroundings. Additionally, improved computers will not only encourage learning. the grant funding will enable the center to offer classes to adults and teens ranging from using programs like Microsoft Word and Excel, to writing resumes and creating web pages. Due to the economic status of the residents, the need for improved technology is evident and this grant will allow those who would otherwise have little, if any, access to the tools to be successful in life. Technology is such a large part of the twenty-first century. Without it, a child or adult doesn't get the preparation for life and work that everyone else seems to benefit from. Although any. population could benefit from increased computer access, training, and youth development programs, not all children have equal access to the resources needed to reach their potential. Research has shown that youth who are failing at school, are poor, come from single-parent homes. have strained or non-existent relationships with their parents and aren't involved in any extracurricular activities are more likely to engage in problem behaviors and activities, including early sexual activity. In an effort to end the poverty cycle, this grant money will be used to provide a new, current computer facility at the River Park Community Center and the teaching support that would go along with it. The computer lab will be used by both children and adults, with the focus being on family literacy and success as a family. For children, educational goals would include both academic remediation and enrichment. Increased computer access will allow students to achieve grade level standards linked with FCAT scores, and would provide other supportive programs. Both adults and youth will benefit from computer training to make them more employable, literate, and be accepted into upper level colleges, where computer knowledge is now a requirement for admission. This grant money will allow River Park Community Center to continue with their present programming while expanding class size and technological services to the residents. The newer labwill also provide increased instructional courses, one on one computer time with reliable and current machines and open lab hours to those who want to use it independently, putting to practice what they have le:a'ncd titrough the classes and in school. Community and Residents to be Served The River Park community is comprised of two apartment complexes in Naples, the River Park apartments and the George Washington Carver Apartments. According to the 1990 US Bureau of the Census: · 1,108 people live within this community (An unofficial count in September, 2000 shows approximately 1,300 residents living in income-qualified housing within walking distance of the Community Center) * Over 92c7c of these individuals are African-American, the next largest group being Haitian, with other minority groups being represented as well. · 50c7¢ of households with children under 18 years have females as head of the household with no husband present · 72% of the residents 25 and older do not have a high school diploma or its equivalency : 44ck of the families' incomes were below the poverty level, 250 people fell 50% below the poverty level, 645 fell below 125% poverty, and 792 people fell below 200% poverty. · In 1997, 358 girls in Collier County ages 15 to 19 had babies, according to the Florida Depam 'it was not their first child. · Collier's birth rate for this age group was 7.4e/c, surpassing Florida's teen birth rate of 5.8% 4 Many of the children in this community have siblings who are teen parents, they are children of teen parents, and basically feel their options and choices are limited. Their role models are not ideal. Recently~ in response to a shooting of a two year old and a ten year '~-" qd while playing outside their apartment, a resident was quoted as saying, "What happened on Thursday, it doesn't always happen .~ere. People don't come out shootin' like that. I feel safe about my kids, but we've got to do something." Needs to be Met The current facilities at the River Park Community Center contains ten antiquated computers sitting on top of donated metal desks which while being unsafe from an electrical standpoint, shows the Center's willingness to "make do" with hand-me-downs. The computers are unreliable and are seldom all functional at the same time. They ha~'e notes on them which detail which programs are not currently working. The Center is lucky in the fact that since they are under the auspices of the City of Naples, they have access to free and frequent technical support. However, there is only so much this service can do with the "dinosaur" machines they have to work with. There are two groups which currently use the community center and would receive the most benefit from receiving an updated computer lab. One group is "The Learning Connection". This outside contractor was hired because of their educational expertise. Their after school homework program serves approximately 50 students, in grades K-5, Monday through Thursday. This group also ran a ten week program last summer, with an enrollment of 87 students. Their main goals during the school year are academic with homework help and instruction in terms of remediation, for those students below grade level, supportive services for those students currently at grade level, and enrichment for students who are above grade level. However, the excellent services they provide are hampered by the existing substandard equipment. The second group, which currently uses the Center on a regular basis, is the Youth Involvement Program. (Y. I. P.) This is a free program for middle school children ages 8-14 years old. Ifs sponsored by the River Park Community Center and Planned Parenthood of Collier County. The program currently meets for two hours each weeknight at the River Park Community Center. They also go on frequent field trips. To take a trip, students earn points by consistent attendance and excellent behavior during their meetings. The goal of the Y. I. P. program is to provide education and activities which will help children focus on making healthy decisions, setting goals, creating positive self-esteem, evaluating negative and positive influences, peer pressure and refusal skills. Interest :m the program and its success was shown in the period starting September 1999 through June of 2000, where 1,512 student contacts were recorded. This statistic includes student program attendance and repeat program participation. The program continues to meet these goals by providing a variety of activities. These include: Sports such as basketball, football, bowling, golf, relay races, etc. · Guest speakers · Computers · Arts and crafts, movie night, game night and discussion groups. Currently, the participants have limited, low qualit)' computer time, as most of the computers are not working and have limited, low level, programs on them. Impact of Change A new computer lab would enhance existing services at the River Park Community Center, as well as encourage new services to be implemented. To be specific, Ms. Beverly Hiltabidle, the Learning Connection's Executive Director, stated that with a more operational computer facility she could expand her program in the following ways: She could increase the number of participants in her homework center. She could provide services to middle and high school students, which she is not currently able to do. These groups need literacy skills in order to prepare them for college or immediate employment. The Y. I. P. program has also requested access to reliable, functioning computers with more sophisticated programs on them to better meet their needs. Right now, computer time is a small percentage of their activities, which they would like to expand. job skills, vital to entering college, ~,: the job market. The lab will also allow adults access to man~ cf the e!ec!ranic ro_sfzurces ~h~ library' has to offer, including perti~:o at medical information, full text magazines and local and inte~ationa~~ h'Ell~a few. NOV:!2 8 2000 A new computer lab will allow stu,:; nts to actually practice the skills and find information pertaining to the topics the guest speakers introdude. They will be able to set, ~ the Internet and the library catalog for information regarding field tripsprior to going, and then be able to write reports on what the? did afterwards. Participants in this age group will be able to increase bot~ their educational and 5 Currently, due to computer restrictions, River Park can only offer two computer classes: Word 97 and Excel 97. These take place in the mornings when most students can't attend and are limited in size and scope. However, with a new lab, more classes will be offered at more convenient times for the participants. These will cover aspects of word processing and search skills related to finding information on the Internet and in the library's catalog. This grant will allow the purchase of hardware, software, instructors, guides, and other books. Classes taught by the Project Advisory Group and contracted instructors will include: · Introduction to the Internet · How to use Email · Resume Basics · Microsoft Excel 2000 · Microsoft PowerPoint 2000 · Microsoft Word 2000 · Surfing the Web Partnerships The Macedonia Baptist Church was chosen due to its history in the River Park community and its experience in providing service to the community. In the past they have given their time and effort by providing cooks for the "Taste of Soul" festival and their choirs and dance troupe have performed at various events. In terms of our grant proposal, they have agreed to provide adult mentors for computer instruction. snacks, and will publicize lab activities during church news. The church began in 1927 when a small group of men and women met on the Naples beach at a location they called the "Ditch Bank" for weekly prayer meetings. They continued to meet outdoors until ground was broken in 1951. This was the beginning of the oldest black church in Naples, which just celebrated its 73rd anniversary this year. Year-round membership is 250. Within walking distance to the Community Center, they already work closely together in providing services to one another. Many church members live in the River Park area and many generations of their families have worshipped there. Reverend Warren Adkins is a permanent fixture in the community, as he has preacfied there for 28 years. Another testament to his values is demonstrated by the fact that he was voted Citizen of the Year in 1998 by the NAACP. This award is given in recognition of an individual's personal commitment and continuous service to the community. He has a sense of history and leadership that will ensure the grant's successful implementation. The City of Naples is too a partner, as they are responsible for the daily operation of the River Park Community Center. They will provide the physical space for the computer lab, and the use of their technical support staff. This group will be responsible for the installation and continued maintenance of all of the computers. Infoi'mally, the Project Advisor>' Group, consisting of Children's Librarians Susan Petr, Andrea Taylor and River Park Director James Whittaker. will work together in the recruitment of instructors, the planning and selection of topics for courses offered, and the evaluation of the project. Without James Whittaker, the lab would be just a room with-computers. He is responsible for the general success and operation of the lab. All will assist in the development of policies for computer usage, including printing, sign-ups, floppy disks, and overall behavior in the computer lab. In addition, the Project Advisory Group will work together on decisions involving accessibility. AGENDA ITEM No. l~ ~ NOV 2 8 2000 pg._ '2 6 Community & Library Technology Access Partnership Grant Partnership Agreement Complete an agreement for each partnership. If another agreement or contract is already in place, it can be substituted for this form as long as the conditions listed below are included. Library I Organization Name Partnering Agency Name Mailing Address 1006 3rd Collier County Public Library Macedonia Missionary Baptist Church Avenue Naples, FL 34102 Project Name River Park Community Center Computer Lab and Library We, the undersigned organizations, agree to each of the following: To implement the project as presented in the project proposal and any revisions. If the partner organization is a faith-based community organization, that the support received through the project will not be used for religious or sectarian purposes. That the support received through the project will not he used to support the business operations of the organization, its facilities, or it's governing body. That funds or services received will be used in accordance with the proposal and any applicable laws and regulations. Services will be provided at no charge and will be available to all residents of the distressed community. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James D. Carter; Ph.D., Chairman Date: ATTEST: Dwight E. Brock, Clerk Approved as to form and legal suffi~cy: Thomas C. Palmer, Assistant County Anomey ' t, il~ of Au(horized Partner official '- : Date Name of Authorized Partner Official AGENDA ITE----'~ No. i~D_2~ N0V 2 8 2000 Community & Library Technology Access Partnership Grant Partnership Agreement Complete an agreement for each partnership. If another agreement or contract is already in place, it can be substituted for this form as long as the conditions listed below are included. Library/Organization Name Collier County Public Library Partnering Agency Name Mailing Address 735 River Park Con~nunity Center and Aquatics Center 8th Street South Naples, FL 34102-6796 Project Name River Park ConTnunity Center Computer Lab and Library We, the undersigned organizations, agree to each of the following: To implement the project as presented in the project proposal and any revisions. If the partner organization is a faith-based community organization, that the support received through the project will not be used for religious or sectarian purposes. That the support received through the project will not be used to support the business operations of the organization, its facilities, or it's governing body. That funds or services received will be used in accordance with the proposal and any applicable laws and regulations. Services will be provided at no charge and will be available to all residents of the distressed community. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman Date: ATTEST: Dwight E. Brock, Clerk Oate Approved as to form and legal sufficiency: Thomas C. PalF-ner, Assistant County Attorney fature of )~thC0~ed Partner Official T'rtle of Authorized Partnf~ Official Name of Authorized Partner Official Date / AGENDA ITEM No. NOV 2 8 200( Community & Library Technology Access Partnership Grant Partnership Agreement Complete in agreement for each paflAership. If another agreement or contract is already in place, it can be substituted for this form as long as the conditions listed below are included. Library I Organization Name Collier County Public Library City of Naples Con~nunity Services Department Partnering Agency Name 280 13th Street North Naples, Florida 34102 Mailing Address River Park Community Center Computer Lab and Library Project Name We, the undersigned organizations, agree to each Of the following: To implement the project as presented in the project proposal and any revisions. If the partner organization is a faith-based community organization, that the support received through the project will not be used for religious or sectaden purposes. That the support received through the project will not be used to support the business operations of the organization, its facilities, or it's 9orerhinO body. That funds or sentices received will be used in accordance with the proposal and any applicable laws and regulations. Sentices will be provided at no charge and will be available to all residents of the distressed community. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman Date: ATTEST: Dwight E. Brock, Clerk Date Approved as to form and legal sufficiency: Thomas'C. Palmer, Assistant County Attorney A~ignature of Authorized P art~al Title of Authorized ParIn, Offidal /o,;, Name of Authorized Partner Official Date ///o'~ AGENDA ITEM NOV 2 8 2000 ~g.. tO Action Plan With the Community and Library Technology Access Partnership Grant money, the Library will create and implement an information technology lab for the residents of River Park in Collier County. Through this grant, the library will enter into partnership with the Macedonia Baptist Church and the City of Naples. The purpose of this partnership is to provide the children and adults in the community with a homework center, training and exposure to computerized Library information and the Internet. This program will place 10 computer workstations in the Community Center complete with software, a centralized printer and access to the Internet and Library. Although River Park is located within a few miles of the Headquarters Library, accessibility is an important factor for this program. as many of the residents are constrained to their immediate area due to geographical and economic barriers. The computer lab will be located in the Community Center, which serves as the core of River Park and the ever popular After-School Program. The Collier County Public Library will envision the River Park Community Center as a mini-branch for the community. Children's Librarians Andrea Taylor and Susan Petr, along with various other library staff will do the following: Review web sites, Libraries, and other similar projects to aid in the organization and implementation of this grant. Prepare a curriculum and program plan to outline the uses and courses offered at the center. · Contact individuals to plan and present programs, to include Introduction to the Internet, and Resume Basics. · Organize and facilitate a Project Advisory Group that will meet monthly to plan and evaluate project. · Contract to install a frame relay connection to the Library network, or arrange for another high-speed access to the Internet. · Coordinate and oversee the installation of computer workstations and projector in the center's homework area. · Create flyers and posters to publicize new computer lab and distribute throughout River Park Community. · Publicize in local newsletter and papers. · Conduct evaluation surveys and interviews with staff, and participating children of the River Park Community Center. The residents of River Park who regularly utilize the community center will receive: Free and local use of computers On-line computer access to the Library and its various services. and to what is available on the World Wide Web. Computer instruction and training at various levels by competent instructors. The classes are to include: · Introduction to the Internet · How to Use Email · Resume basics · Microsoft Excel 2000 · Microsoft PowerPoint 2000 · Microsoft Word 2000 · Safely Surfing the Web Increased exposure to what technology can offer. Increased learning opportunities. Project Timetable January. · · 2001 Project Advisory Group is formed and a monthly meeting plan is organized. Grant Partners and Project Advisory Group meet to discuss involvement in project and set up a monthly schedule for meetings. Frame relay connection is installed in computer lab for 10 computers. Computers, workstations, projector, manuals and paper are purchased. Instructors are contacted and class schedules are organized. Children's Librarians and James Whittaker create, print and distribute fliers to River Park residents. February 2001 · Project Advisory Group meets. · Grant Partners meet with Project Advisory Group; } · Computers and workstations are set up by the City of Naples, MaCedonia Baptist Advisory Group. ~ AGENpA ITEM No. ihurch v o l'fi h-tLr~r L~aWE'P'r oj e c t NOV 2 8 2000 pg., lO Project Advisory Group meets with instructors to develop and teach classes. Newspapers are contacted and information is sent out through various local newsletters. · Computer Lab officially opens with Pool Party organized by Project Advisory Group. · Evaluation · Begins with initial survey of technical skills to bc given on first day of lab. · Instructors monitor class aucndancc. March 2001-May 2001 Project Advisory Group meets monthly. · Grant Panners meet with Project Advisory Group monthly. · School year schedule continues with Instructional Labs, After-School Programs and Y.I.P. · Evaluation · Class attendance continues to be monitored for evaluation purposes. · Evaluation portfolios are established. June 2001-August 2001 · Project Advisory Group meets monthly. · Grant Panners meet with Project Advisory Group monthly. · New classes and programs are offered to meet the needs of students involved in summer programs. · Evaluation · Project Advisory Group continue evaluation of Grant project. · Class attendance continues to be monitored for evaluation purposes. · Items are placed in portfolios. September 2001 · Project Advisory Group meets. Grant Panners meet with Project Advisory Group. · New school year computer class schedule begins. · Evaluation · Class attendance continues to be monitored for evaluation purposes. · Items are placed in portfolios. · Evaluation of program submitted. Lab Schedule 9:OO 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 "'" 8:00 Sunday Closed Monday I Tuesday I WednesdaYl Thursday I Open Lab Friday Saturday Instruction Instruction Homework Club Instruction I Open Lab AGENDA ITEM No. i G b NOV 2 8 2000 Pg._ /J. 11 Equipment, Networking and Software · 10 computer workstations, two of which have an IOMEGA Zip Drive · Access to the Internet and to the Library Catalog, which includes GaleNet, EBSCO, FirstSearch, Electric Library, Novelist, Phone Directories and Encyclopedias · Microsoft Office 2000 Software Package One HP Laser Jet 2100 Network Printer · One Proxima Ultalight LX XGA LCD Projector Equipment Security The computer lab at the River Park Center will be a secure environment for the equipment housed there. When the lab is in use, their policy is to always have an adult supervisor present. This person sits in the middle of the room, while the computer users are along the perimeter of the wall. This provides excellent supervision and minimizes damage while in use. When the lab is not in use, the door will be locked. The Center has not had any problems with theft or vandalism with their current facility, so they do not anticipate any problems. The facility does carry insurance against natural disasters and theft if any major problems would arise. Additiomil' software and hardware security will be provided by the City of Naples and their technology support staff. Staffing The Macedonia Baptist ChurCh will provide volunteers to oversee the computer lab when it is in use. Pastor Adkins and the Project · Advisory Group will work closely together to train and recruit volunteers, which may include announcing the need in Sunday Service, asking the present users for referrals and teaching a few of the labs ourselves. The groups using the lab currently will continue to offer programs. bringing in their own staff to supervise and instruct. Lastly, using the funds provided by the grant, the River Park Community Center and Project Advisory Group will provide instructors for programs offered to both adults and children utilizing services of the Southwest Florida Library Network (SWFLN) and outside contractors. The City of Naples will provide staff for troubleshooting and technology support. How will the Project be continued when the grant funding ends? · The River Park Community Center will keep all of the equipment, (computers, desks, text books, etc.) · The Library will continue to pay for the frame relay network until there is no longer a need, requesting E-Rate funding annually as it continues to develop the center as a mini-branch of the Collier County Public Library. · The Community Center and its partners will be responsible for daily maintenance of the lab along with the purchase of ,'- perishable supplies, such as printer ink, computer paper, new editions of computer books, and the like. · Staff from the library will continue to teach classes on an annual basis. · Additional grant funding will be explored to continue or expand the current service levels, AGENDA ITEM NOV 2 8 2000 12 Library Name Project Name UDGET Collier County Public Lil~rary River Pork Community Center Grant (Round all amounts to nearest dollar, Add additional lines if needed to include all information in a section,) Unit Sub Cost Total SALARIES & BENEFITS (Position Tifie) Tutorial Instructors F.T.E. n/a $ 50,00/hr TOTAL SALARIE .............................................................................. 2000,00 2000.00 CONTRACTUAL SERVICES (List each vendor) n/a S S. TOTAL CONTRACTUAL SERVICES ................................................ 0 SUPPLIES (List supplies needed) Paper (20 reams per workstation) Printer Ink (2 Toner CaffrJd,qes) $ ..... 25.00 $. 500.00 99.95 199.90 TOTAL SUPPLIES ............................................................................. $ 699.90 EQUIPMENT (Equipment and furniture with a useful life of at least one year and a unit cost of $1,000 or more) 8 Computers (Gateway E-1400) 2 Computers with IOMEGA Zip Drive (Gateway E-1400~ 1 Proxima Ultraliqht LX XGA LCD Projector $ 1221.00 $ 9768,00 1314.00 ,,, 2028.00 3399.00 3399,00 TOTAL EQUIPMENT ........................................................................ $ 15795.00 OTHER (Specify) 5 Computer Desks 1 Printer Desk 1 Printer (HP Laser Jet 2100) Publicity and Printin,q Mouse Balls (10) Suroe Bar (11) Computer Proflram Manuals Ultrali,qht LS1 Compact RoIlin,q Har~l Case Radius-E~e Baokcose Shelvin,q (1-unit with 5 shelves) Wastebgskets (5 re,qular an~l 1 recycle) $. 299.95 $ 1499,75 244,95 244.95 792,00 792.00 , 1000.00 1000,00 600 66,00 19.95 219.95 30.00 90000, 299.00 299.99 285 O0 ~85.00 ~.50 & 4.00 16.50 TOTAL OTHER 1*OTAL ................................................................................ $ 5324.14 AGENI~At,~ No, N OV 2 8 2000 14 13 Budget Narrative The goal of the River Park Community Technology Access Grant is to provide community access to education, training and exposure to computerized information through the Library and the Intcrnet. The Library would like to extend its services to the River Park Community, both children and adults, who would otherwise have limited access to the Library and what it has to offer. Through this grant, the Library would partner with Macedonia Baptist Church and the River Park community to provide: · 10 computer workstations including software and printing capabilities Instructional and Informational programs · Training materials · Program Publicity · Projector for Instructional Programs This program will require a strong basis of resources to be successful; instructors, contractual services, supplies, equipment and publicity are all basic components of the River Park Community Grant proposal. In order to fund this program the Collier County Public Library is requesting total grant funds of $ 23819.04. . Salaries and Benefits With the grant money, the Library will provide funds to hire and retain tutorial instructors to deliver programs in basic computer skills to children and adults. Total funds set aside for this component is $2000 at $50/hour. Instructional courses to be offered, but not necessarily limited to, include the following: · Introduction to the Internet · How to Use Email · Resume basics · Microsoft Excel 2000 · Microsoft PowerPoint 2000 · Microsoft Word 2000 · Safely Surfing the Web Contractual Services Collier Count>' Public Library will contract with Total Communications Concept and Sprint to provide wiring and the frame relay connection between the River Park Community Center and the Library. On-going support of the frame relay lines will be requested through the E-Rate program. Supplies Supplies that need to be budgeted for this project are limited to printer toner cartridges and printer paper. Based on the type of printer purchased and the Computer Lab at the Estates Branch of the Collier County Public Library, 20 reams of 500-sheet paper have been budgeted for {~ach of the ten workstations. In addition, two toner cartridges have been budgeted for the network printer. These supplies are provided through the grant funds. Equipment 10 computers at a cost of $12396 will be purchased with grant funds for this project. They will be Gateway E-1400 or a comparable model. Systems will include a 633 MHz Intel Celeron Processor, 128 MB of memory and 133 MHz SDRAM. The system will also include a 17-inch monitor and the Microsoft Windows 2000 Professional Suite. Two computers have an IOMEGA 250 MB Internal Zip Drive with I Zip disk. Also included is a 3- year parts and labor limited warranty with 3 years on-site service, limited hardware and software tech support as long as the system is owned by River Park Community Center. Lastly, a PROXIMA Ultralight LX XGA LCD Projector will be purchased at a cost of $3399 enhance computer instruction. The projector comes with a parts and labor warranty of 2 years. AGENDA ITEM No._ !D~_ 2000 14 ~-~ Dther The following items are budgeted in the grant: one HP Laser Jet 2100 Network printer at a cost of $792.00 will purchased which has a monthly volume of 15,000 pages and a print speed of 10 PPM. This printer can print plain paper, envelopes, transparencies, card stock postcards, labels and recycled paper. The printer comes with a l-year HP Express Exchange warranty. Other equipment would include 5 workstations that each are large enough for 2 computers and are wheelchair accessible at a total price of $1499.75. Furthermore, one printer desk is included at a price of $244.95. Other equipment and/or materials would include: · Publicity and Printing $1000 · Mouse Balls (10) at $6.00 each · Surge Bars (11) at $19.95 each · Computer Program Manuals at a total cost of $900 · Bookcase at a cost of $285 ~ · Ultralight LSI Compact Rolling Hard Case at $299 · Wastebaskets at $2.50 for regular and $4 for recycle containers. Publicity Once the grant is approved, there will be many opportunities for publicity to insure that the River Park Community residents are aware of the project and will be able to take advantage of all of the services it will provide. We would like to involve all facets of the community before the center is opened, invite them to be part of the celebration at the grand opening, and rely on their continued support while the center is operation. It is our hope that with this level of involvement, the community will feel a sense of pride and ownership. In terms of mass media, we plan to have a grand opening with a ribbon cutting. Local television stations and newspapers will be provided with written press releases beforehand, and then formally invited to attend. Once the lab is opened, the local newspapers will receive monthly calendars of events to keep the community updated. Another level of publicity will be in the residential neighborhood itself. Each of the apartment buildings contains several "Section Captains". Andrea and/or Susan will speak to these groups personally and invited residents to visit the Community Center and get their input on programs and services. We will also announce the grant's approval during Sunday services at the Macedonia Baptist Church and thank them for all of their efforts and continued support. The grant acceptance and administration will also be publicized through the venues accessible to the Public Library. This includes the county newsletter, promotional materials distributed at the branches, and meetings with county officials. We also have access to Channel 54 on cable and could possibly run a spot on that station. In print form, many of our contacts already publish newsletters and would be happy to include news pertaining to the new computer lab. These include: · River Park Community Center Newsletter · Collier County Newsletter · Planned Parenthood Newsletter · The Friends of the Library Newsletter · Y.I.P. Newsletter · Macedonia Baptist Church Newsletter We will also take advantage of the Internet and add news about the new computer lab on the Children's page of the Collier County Public Library. This web address is www.collier-lib.org. An obvious avenue of publicity will be the opportunity to hang posters detaihng the new lab and its features around the community center itself, at the library branches, and at the supporting organization headr afters. In addition, we will :~...ertise at the schools where the students who are going, to 11enmma. _ _~h~,v,~r..~ :end. This dl be done through their ne,~ etters, signs, and morning announcementsi some of which lr~ donc/~[r~t~l~n forn at. I Nov 8 ooo 15 Evaluation The evaluation process used to analyze the grant's effectiveness will ensure that the following outcomes are met sufficiently. · The residents of the River Park Community will use technology to get information. · The residents of the River Park Community will learn to use technology. The following items will be collected and reported: · Number of adults and youth that use the services · Number of adults and youth receiving training, broken out by types of training · Results of surveys designed to identify impact of the services on the lives of participants · Anecdotes from persons using the services This data will be collected in a variety of ways through head counts, and surveys. We will receive numerical data by recording how many people use the computer lab each day, the hours it is in use, and the number of students in our computer classes. This can be done easily with hash marks and then presented in graph form weekly, monthly, and on a yearly basis. We will also use the monthly calendars for statistics and as part of the evaluation process as well. Classes and activities will be shown clearly and this will allow us to efficiently schedule the lab. Another method of evaluation will be done in survey format. At the Community Center, we will question the lab's users using a multiple choice survey. On this, they will be asked a series of user satisfaction questions and will indicate their level of knowledge and services provided in the lab on a scale from 1-5. Space will also be provided for written comments and suggestions in essay format. We mill also keep track of lab questions that come via the telephone and in the lab itself. The responsibility of the evaluative process will be shared between the Project Advisory Group and the Computer Lab users. The advisory group will develop the surveys and translate the data. The immediate lab supervisors, and lab users will be responsible for collecting the raw data. One this is collected, it will be used to ascertain the current level of service, discover needs that are not being met, and plan successfully for future classes and projects. AGENDA ITEM NOV 2 8 200(I I6 b ITEM 2000 COI I,IER COUNTY GO\,"EP NT DIVISION OF PUBLIC SERVICES October 3, 2000 COLLIER COUNTY PUBLIC LIBRARY 650 CENTRAL AVENUE NAPLES, FL S4102 (941) 261.8208 774-8486 Mr. J~,rncs Whittaker River Park Aquatics & Re. creation Supervisor 735 Eighth Street, South Naples, Florida :34102-6796 BLUE CHIP COMMUIglTY Dear Mr. Whittaker: Collier County Public Library is interested in applying fm a Community & Library Technology Access Partnership Grant available through the State Library ,o,;f Florida. The project provides grants to Florida public libraries that partnzr v, ith community and faith- based organizations. The partner.~hip is intended to provide technology access mid training to those who are affected by the "Digital Divide." The partncrshlp concept build, on the suengths and assets of public libraries and community and faith-ba.w.d organizations. Public libr'afie.~ have CXlX:rtisc and experience in providing technology access aud training and a tradition of community outreach. Community and faith-ba.~ed organizaions have unique existing relationships based on service, trust and proximity with residents of distres,~cd communities, aud a slrong parlncrship orientation. Projects funded under this program will assist pannexing librafie~ and commutfi~y ba.ged organizations in addressing at a minimum both of the following outeome.,c · Residents of distressed communities use technology to get information. · Realdents of distressed communities learn to use t~hnology. Children's librarians Susan Pelf and Andrea Taylor will be. writing ~he grant documents. Various other library staff will assist with the planning and implementation. In this preliminary stage of the grant, we envision a partnership which could enable the Community Center to become a small, mini-branch library for the River Park Community. We would u~ the grant funds to purchase 8 ~ I0 ponehal computers, a network printer, computer desks, and books oa computers fin the River Park Community Center. The Library could install a frame relay connection Io lhc Library network, or arrange fen othcr high-speed access to thc hucrnet. Agenda It. era NO ._~ NOV 2 8 ooo Grant funds would nlso be tu~¢d to set-up the computers and provide an ag,¢ed-upon schedule of classes and training. Thc I,ibra[y would expect to support the pruject through cooperative programa with our Children's and Rcfeaence Librafian~. During thc grant period whtch run.~ from January 2001 through September 30, 2001, little financial support from the Conununity Center would be expected. C.o~nmunity Center contributions would include ¢'.sentially what you are currcmly daing to supporl the facility: electricity, staff, and publicity for the prograin. After the grant period. the Library would nmke ever~ effort to include the data line costs in our own budget. Them would always bc the possibility that we could not do thi~. But at this point. I do not see n problem with making this as.~umption. Wc would al~o ~eek funds from our Friends of the Library before requcsting data line support from the City of Naples or the Macedonia Baptist Church, etc. I will request a more exact cost estimate, but currently the cost would be appmnimately $120 tnonthly. (C~sts can vary. for data lines, The Library does also receive fede[al suppor~ for data lines, which would reduce this amount to approximately $70 monthly.) As part of the project, wc would al~) like to paretar with any organizations that use the C~mmunity Center on a regular ba.~i.~. We are e.qpecially interested in working with the. Macedonia Baptist Chumh. Their active i,wolvement would enhance our ability to secure the grant funds. From the Church, we would hope to have the help with volunteers working with users of the computer lab m}d perhap.~ providing publicity and refreshments for special programs. The inclusion of other organizations would also improve our chances of getting this project funded. We would request your help and meeting and talking with thee groups. Would the City of Naples be interested in having the Library pursue this 8ram opporttmity7 I would b~ happy to discuss thc project with anyone before the City commits to this parmcrship. The Library is looking forward to thc project and hopes you ca~ be a participant. Thank.~ for the opportunity to make ~his proposal. Sinccrcly, Marilyn Matthes Assistant Director Co!lief. County Public Library ~ z ~ ~ o o ~ o ,o o o ~ o Age~ NOV 2 8 7000 p~. ~/ I~rect occes$ to your te~m, orders ond support Gateway. E-1400 Processor: Intet~ CeleronTM Processor 833MHz with 128K Cache · 128MB 133MHZ SDRAM added: US$94 Monitor: . EV700 1T~:h Color Monitor (15.9inch viewable area) added: US$61 Case: · 3-Bay Highly Serviceable, Convertible Case Keyboard: · 104+ keyboard Mouse: . MS IntelliMouse mouse & Gateway mouse pad Operating Syste~n: o Microsoft® Windows 2000 Pmfess;onal added: US$?$ Expansion Slots: · 3-bay case has 2 PCl slots, 5-bay case has 3 PCI slots and 7-bay mid-tower case has 5 PCl slots Floppy Drive: · 3.5~nch 1.44MB diskette ddve CD-ROM: · 2OX min.148X max. CD-ROM ddve Hard Drive: · 2OGB Ultra ATA100 hard drive added: US$28 Video: · Integrated Intel~ 3D direct AGP graphics w/4MB display cache Sound System: . · Integrated Business Audio Speakers: · Boston Acoustics BA265 Speakers added: US$1a Network Card: · 3COM PCl Combo Ethernet Card added: US$50 IOMEGA Drive: · IOMEGA 250MB Internal ZIP Drive wll Zip Disk added: US$95 LANDesk Software: · Intel® LANDesk Client Manager Software v6.0 Anti-Virus Soilware: · Norton 2000 LintRed Warranty Program: · 3Year Parts & Labor Limited Warranht with 3Years On-Site Service, Limited Hardware & Software Tech Support as long as you own your system Base Price: US $895 Conf~n~red Price: US $1314 FOB Destination ContracOg: S~ate Contract #2fd}-040-99-1 Fed ID~ 46-0431398 Quantity: i Total Configured Price: US$1314 http://www.gateway. com/cgi-t,i n/cal_price.pl !ov oooo Direct occess to your team, orders and support Gateway E-1400 ProcessoK Memos: · 128MB 133MHz SDRAM added: US$~4 Monitor:. ~,ase:E~ 17inch Color Monitor (15.9inch viewable area) added: US$61 · 3-~ay Highly Servk~aBe, Conve~b~e Case Ke~lx~rd: · 104+ keyboard Mouse: · MS IntelliMouse mouse & Gateway mouse pad Operating System: · Microsoff~ Windows 2000 Professional added: US$75 Expansion Slots: · 3-bay case has 2 PCI slots, 5-bay case has 3 PCI s~ots and 7-bay mid-tower case has 5 PCI Floppy Drfve: · 3.5inch 1.44MB diskette drive CD-ROM: · 20X min./48X max. CD-ROM drive Hard Drive: · 20GB Ultra ATA100 hard ddve added: US$28 Video: · Integrated Intet~) 3D direct AGP graphics w/4MB display cache Sound System: · Integrated Business Audio Speakera: · Boston Acoustics BA265 Speakers added: US$t8 Network Can:l: · 3COM PCI Combo Etheme{ Card added: US$50 LANDesk Software: · Intel~ LANDesk Client Manage~ Software v6.0 Antl-Vffu~ Software: · Norton 2000 Limited Warranty Program: · 3 Year Parts & Labor Limited Warranty wi~ 3 Years On-Site Service, Limited Hardware & ScCwam Tech Support as long as you own your system Base Price: US S895 Co~figur~l Price: US $1221 FOB ContractS: State Contract #250-040-99-1 Fed ID~ 46-0431398 Quantity: i Total Configured Prke: U5S122 i Name:] ...................... http://www.gateway.com/cgi-bin/cal_price.pl No. "or 8 iO Oi 0/31/00 Page I oI 11 State Of Florida HP Laser Jets State Contract # 250-040-99-1 SPURS~ F311227808-002 Get more information on HP Printers Laser Jet 1100 Fie Product Number C422.SA~ABA-FL C4219At/ABA-FL C4135AM-FL C4136AM-FL C4137A-FL HP Laser Jet 1100 xi Printer. 8ppm, 600 dpi, 2 Mb memory, upgradeable to 18 Mb, 256 levels of gray, HP UltraPrecise toner cartridge for improved gray scale imagesJU,S. - English local[z. atJon HP Laser Jet 1100A xi Pmt/Copier/Scanner Includes ddvers for pdnfing & scanning integrated desktop for organizing scanned documents, drag & drop links to key applicaUons like e-mail & PC fax./U.S. - English localization 4 MB EDO DRAM DIMM for the Laser Jet 4000 series printers. This DIMM may be used alone or in conjunction with other DIMM memory or accessories. 8 MB EDO DRAM DIMM for the Laser Jet 4000 sedes printers, This DIMM may be used alone or in conjunction with other DIMM memory or accessories. 16 MB EDO DRAM DIMM for the Laser Jet 4000 sedes printers. This DIMM may be used alone or in conjunction with other DIMM memory or accessories. List Price $ 535.0O $ 599.00 $56.00 $110.00 $198.00 Fla State Gov. Price $ 324.00 $ 389.00 $ 28.00 $ 55.00 $ 95.00 37003-10 IEEE 1284 A to C Pdnter Cable, 3 m DB25 male to IEEE-1284 A to C male. C2946A $ 25.00 $13.00 37003-25 IEEE 1284 A to C Printer Cable, 10 m DB25 male to IEEE-1284 A to C male. C2947A $ 49.00 $ 26.00 >EXTC..ARE-1100 Warranty upgrade onsite labor years 2 and 3 $155.00 >EX'TCARE-1100A Warranty upgrade ohsire labor years 2 and 3 $195.00 FLu Product Number C4139A~ABA-FL Laser Jet 2100 Descripfiofi HP Laser Jet 2100 xi Printer. 10 ppm, 1200x1200 dpi, 4MB memory upgradeable to 52MB, EIO slot, 3 DIMM slots, high speed bidime'6o~al IEEE 1284.4 compliant parallel port, type B connectorJU.S. - English localization HP LaserJet 2100M Printer, 10ppm, 1200x1200 dpi, 8MB memory, upgradeable to 40MB, EIO http ://customers.pmry.com/ja/stflor/stflorhp.htm · List Pdce FLu State Gov. Price ; 859.00 $ 558.00 Agenda, Item NOV 2 $ ooo 10/~?/00, Page 2 of 11 C4171A#ABA-FL C4172A~ABA-FL C4793A-FL slot, 2 DIMM slots, includes HP Postscript emulation DIMMgo.S. - English localization HP Laser Jet 2100TN Printer 10ppm, 1200x1200 dpi, 8MB memory, upgradeable to 40MB, EIO slot w/integrated print server, 2 DIMM slots, 250 sheet 3rd paper tray included.gO.S. - English localization 250 Sheet Input Tray HP Laser Jet 2100 Lower cassette for HP Laser Jet 2100. Adds a third input source (tray 3). Holds 250 sheets. Universal tray holds same media sizes as tray 2 of pdnter. $ 979.00 $ 636.00 $1,340.00 $ 792.00 $ 225.00 $124.00 C3098A-FL C4135AM-FL C4136AM-FL C4137AM-FL HP Postscript Emulation DIMM For use with HP Laser Jet 2100. Includes 4MB of memory. 4 MB EDO DRAM DIMM for the Laser Jet 4000 series printers. This DIMM may be used alone or in conjunction with other DIMM memory or accessories. 8 MB EDO DRAM DIMM for the Laser Jet 4000 series printers. This DIMM may be used alone or in conjunction with other DIMM memory or accessories. 16 MB EDO DRAM DIMM for the Laser Jet 4000 series printers. This DIMM may be used alone or in conjunction with other DIMM memory or accessories. $ 219.00 $121.00 $56.00 $ 28.00 $110.00 $ 55.00 $198.00 $ 95.00 37004-10 37004-30 IEEE 1284 A to B Pdnter Cable, 3 m DB25 male to IEEE-1284 C male. C2951A HP IEEE 1284 A to B Printer Cable, 10 m DB25 male to IEEE-1284 C male. $ 25.00 $ lO.o0 $ 49.00 $ 29.00 3827GY-7 7fl. 10/100 Cat5 Patch Cable for HP Network Printers $10.00 $ 5.00 3827GY-25 >EXTCARE- 2100X/M >EXTCARE- 2100TN 25ft. 10/100 Cat5 Patch Cable for HP Network Pdnters Warranty upgrade ohsire labor years 2 and 3 Warranty upgrade onsite labor years 2 and 3 $19.00 $10.00 $165.00 $ 245.00 Laser Jet 4050 Fla Product Number Description C4251A#ABA-FL C425~A-FL C4253A#ABA-FL C4254A#ABA-FL C.4124A-FL HP Laser Jet 4050 Printer One 500 sheet bay, 17 ppm, letter. 16 ppm, A4; 2 EIO slots, 8 MB RAM, parallel and serial ports, toner cartridge. No I/O cableJU.S. - English localization HP Laser Jet 4050 T Printer Two 250 sheet trays, 17 ppm, letter. t6 ppm, A4; 2 EIO slots, 8 MB RAM, parallel and serial ports, toner carti'idge. No I/O cable includedJU.S. - English localization HP Laser Jet 4050 N Printer One 500 sheet bay, 17 ppm, letter, 16 ppm, A4; 2 EIO slots, 16 MB RAM, parallel and serial porl.s, toner crtg, Ethernet card. No [/O cable includedJU.S. - English localization HP Laser Jet 4050 TN Printer Two 250 sheet trays, 17 ppm, letter;, 16 ppm, A4; 2 EIO slots, 16 MB RAM, parallel and serial ports, toner crtg, Ethernet card. No I/O cable includedJU.S. - English localization HP 500 Sheet Feeder w/Universal Tray for the LaserJet 4000, 4000 T, 4000 N & 4000 TN Printers. Adjustable tray holds all standard sizes between A5 & Legal. User installable. http://customers.pmry.com/ja/stflor/stflorhp.htm Fla State Gov. Ust Price PHce $ 1,425.O0 $ 926.00 $ 1.615.00 $ 1,050.O0 $ 1,927.00 $ 1,193.00 $ 2,126.00 $ 1,316.O0 $ 365.00 $ 203.00 | 2 10/27/00 Procluct bpec]I]cauons Page I o1'3 hp business store home: black & white printers: Laserlet 2!00 series: detailed specifications -~ printa black & white printers -+ search + contact hp hp business store home black & white printers Laserlet 2100 series government customers education customers · + view cart · + track my order -~ quotes login register + customer service · + technical support Customer Service 1-800-613-2222 14on-Fri 5am-6pm PST HP Laser3et 2100TN Printer HP LaserJet 2100TN Printer helpful inform how to order on order by phone our store policie Summary The HP Laser Jet 2100TN is a network ready business printer for small workgroups that delivers sharp, attention getting documents with true 1200x12 DPI resolution at a fast 10 pages per minute. Ultra-sharp print quali.ty and much more - now more affordable than ever. The HP Laser Jet 2100 series printers are designed for people who demand uncompromising quality in everything they do and have a sharp eye for value. Most impressive is the true 1200x1200 dpi laser output, the highest in its class There's also the HP UltraPrecise Toner Cartridge for sharper text and graphics plus exceptional grayscale for compelling graphic images. Get all the great performance features of the HP Laser Jet 2100 and 2100M, pl a pre-installed HP JetDirect 600N (EIO) 10Base-T Internal Pdnt Server, makin network ready out of the box. HP JetAdmin Software is integrated into the installer for easy set-up and operation. It also comes with an additional 250-sh paper tray for flexibility to print on more media types and sizes without switchin trays. Features · .../specshtmlj sp?BV_SessionID=6662 · Fast 10 page-per-minute print s~,. ,~d, instant-on fuser, and 8 MB standa memory deliver high-performan~~ aser printing for small workgroups · True 1200 by 1200-dpi printing at t,JII engine speed provides superior pr quality · High-speed, flexible networking'via an integrated EIO slot with included HP JetDirect 600N (EIO) 10Base-T print server · Expansion options include memory upgrades · Fast 4-Mbps IrDA-compliant infrared port allows point-and-print wireless printing from portable PCs ~--, .. , HP prints documents faster dueto its unique instant-onlfuser~.~Rr~'~?/ eliminates warm-up time, with first-page-out in 17 seconds no / N0V 2 2000 19484.972672669&BV_EaginelD--dj aljeigfddjbeic~fg~ _ ~27~_ ~.-w__~ Frocluct ap¢clIlCatlons Page 2 or'3 · HP's three standard paper flays, straight-through paper path, custom media-handling capabilities allow for flexible handling of different media sizes and weights · HP has a 15,000-page monthly duty cycle and a 5,000-page-capacity toner cartridge · HP delivers industry leading reliability and award-winning HP Customer Care service* * HP received an "A" rating (fourth year in a row) in PC Magazine's 1998 Read Service and Reliability Survey (July 1998 issue) Key Specifications Print Speed, Black Processor Resolution Resolution Technology Print Languages, Std. Print Languages, Opt. Automatic Language Switching Monthly Volume Paper Trays, Std. Paper Trays, Max. HP LaserJet 2100 Yes 15,000 pages Input Capacity, Std. Input Capacity, Max. Output Capacity Envelope Input, Std. Envelope Input, Max. Media Sizes Media Types - -- Duplex Printing Memory, Std. Memory, Max. 600 sheets ~600 sheets ~150 sheets 3x5 in to 8.5 x 14 in Plain paper, envelopes, transparencies, card stock )ostcards, labels and recycled paper Yes, manual 8MB ' 40 MB Scalable Typefaces Connectivity, Std. Connectivity, Opt. Automatic I/O Switching Automatic Network Switching Warranty Dimensions Weight 10 TrueType, 35 Intellifont, plus 65 TrueType on disk (80 device fonts, plus 65 TrueType) IEEE 1284-compliant parallel, infrared, 1 open EIO slot, plus HP JetDirect pdnt server in EIO slot Ethernet, Token Ring, LocalTalk via HP JetDirect EIO internal pdnt servers Yes Yes 1-year HP Express Exchange_ WxD x H: 16x 17 x 12 in 31.7 lb /specshtml j spgBV SessionID=666219484.972672669&BV EngineID=djalj eigfddjbeicecfge 10/27/00 10 ppm 66 MHz True 1200 x 1200 dpi REt with UltraPrecise toner HP PCL 6 plus HP PostScript Level 2 emulation None rc L, onnecuon ' rt~U,,X&MA, wltra&,lgnt cA XLJA L~,D t'rojector, cA Yage 1 oI 2 "-I(ei/i$'ln Cart: 0 Selectors ~roduct Search' "' I A~h~ES~aF6'h~s Browse Products Systems Flandhelds Notebooks Networking Hardware Accessories Di.qita! Cameras Drives & Storage Memory Modems owh-~--~-Manaqement Printers & Scanners Video & Sound Software Business dL~nal Games Internet Utilities Services ,~ervice Net 'Featured Areas Hot Products rand Programs Affiliate Program :eHome: Go Back: Product Detail Product Detail Plat. Item # Manufacturer/Product ,~ Both 175138 PROXIMA Availability Pd .c~, Today $3,399 UltraLight LX XGA LCD Projector The UltraLight I_X offers he functionality of a larger projector in a sleek, lightweight, ultraportable projector that's just 8.4 pounds light. This is one little projector that packs a big punch. Hiding under the UltraLight LX's minimalist exterior is a 120W UHP lamp producing 800 ANSI lumens that you can use even with the lights on. This small projector features true 1024 x 768 XGA resolution, with compatibility with VGA through SXGA, and a motorized 1.3:1 zoom lens for getting the big picture. The magnesium alloy cabinet is both lightweight and tough, perfect for the rigors of the road. A full-function remote integrates a mouse and laser pointer in its design, giving you the freedom to roam and still control the projector and your computer. You have front/rear and desktop/ceiling projection method options. This versatile unit can also input and output audio and video in PAL, SECAM, NTSC, NTSC 4.43 and PAL-M formats. A 1W mono speaker provides sound to your presentation without having to bring along extra equipment. A 163MHz dot clock produces sync ranges of 15-100KHz (horizontal) and 50-100Hz (vertical). The three-panel, 0.9" TFT LCD displays 16.7 million colors between 4.6 and 35.4 feet away with a 4:3 aspect ratio. Image sizes range from 2.4 feet to 24.6 feet, and will always be clear and crisp with over 90% brightness uniformity and a 250:1 contrast ratio. The UltraLight LX also features 12-degree keystone correction and an F1.7-2.0, 33.2-43.1mm projection lens. Parts and labor are covered by a two-year warranty. Other products you may need... Ultmli.qht LS1 Compact Re ling Deluxe Roiling Hard Case for LSI UltmLJght Portable Screen Hard Case $299 ~ $329 '~ $279.95 ~ Product Features Resolution (native) 1024 x 768 (XGA) ANSI Lumens 800 Resolution (max. supported) 1280 x 1024 (SXGA) Portable Yes Projection Technology LCD Input: computer, video, S-video, audio (cables included) Output: audio, monitor Power Notes 100-240VAC auto voltage; 180W consumption ~ http://www.pcconnection.com/scripts/productdetail.asp?product_id= 196681 11/6/00 Product Details Money Back Guarantee N/A Labor Warranty 2 Years Product Warranty 2 Years Shipping Weight 8.4 lbs Mfr. Part No. LX Site Help } Site Map { Service Connection { Order Tracking I Contact Us About Us I CatalC~:l, Request { Inves/~ Relations I Employment I Site F~mclback Le_~al Terms of Sale ~:¢nditions & Trademarks Privacy Policy_ Year 2000 Disclaimer © 2000 PC Connection, Tnc. All rights reserved. Awards Recognition http://www.pcconnection.com/scripts/productdetail.asp?product_id= 196681 connection · tat:WLgi I t'AC.t~ aserJet 2100 'loner Cartn0ge, L/4U96A Page J . s--in-'ci/t' Smart 8electors 'Product Search I I A'~d'~a~h&s Browse Products Systems Desktops Handheirs Notebooks Accessories Di~tital Cameras Dnves& Storage Memory Modems ~r Mana.qement Printers & Scanners V'~deo & Sound :~Home: Go Back: Product Detail Software Business duLe-~onal Grac>hics & Design nt~t Services ~ervee Net Product Detail Plat. Item # ~ BoU1 108012 Manufacturer/Product Availability Price HEWLETT PACKARD Today Laser Jet 2100 Toner Cartridge With 1200-dpi printing and many UltraPrecise features, .'f-2'_.~,_~ '~~the HP Laser Jet C4096A UltraPrecise cartridge provides optimum print quality for HP Laser Jet 2100 Series printers at a competitive price. The HP Laser Jet C4096A UltraPrecise cartridge comes with one feature you can't get anywhere else - legendary HP reliability. Because it has been custom designed and specially engineered by HP to work together with HP Laser Jet 2100 Series printers, you get the consistent, reliable performance you've come to expect from the worldwide leader in laser printing. UltraPrecise features like helical rollers, magnetic seals, a more sensitive OPC, an HP-branded pull tab and special toner formulation work together in the HP Laser Jet CA096A UltraPrecise cartridge to ensure that you get optimum-quality output every time. Exceptional detail and a visible difference in grayscale quality at a competitive price per page. Thars what HP means when it says the UltraPrecise cartridge delivers true 1200-dpi quality. No messes, no hassles-just a simple, straightforward installation. That's one of the benefits of choosing the cartridge that was designed to work together with your HP Laser Jet 2100 Series printers. The HP Laser Jet C4096A UltraPrecise cartridge is warranted to be free from defects in materials and workmanship until the HP toner is depleted. With its new toner formulation, the cartridge offers a 23 percent increase in total yield, ~roviding 5,000 pages of output (based on 5 % average coverage), and resultin fewer empty cartridges. And when it does run out of toner, it comes with a g prepaid, pre-addressed UPS label and step-by-step instructions to facilitate free cartridge recycling through the HP Planet Partners program. Product Features Color/Black Printer Model/Brand Black HP Laser Jet 1100/2100 Product Details Money Back Guarantee Labor Warranty Product Warranty =~ .......... Shipping Weight 'Featured Areas Mfr. Part No. Hot Products Clearance ~Bmnd Year 2000 Information Programs N/A N/A N/A 3.5 lbs C4096A Affiliate Program The manufacturer states that this item is Year-2000 Compliant. PC Connection does not represent or warrant the accuracy of this information; as a service to you, we are furnishing information we have sought and received from the manufacturer. 'g;~ r~l~aact~7,mng In me turn 0I me cantury./~'ly mlo~maaon provided ~n prod~.,,._~~ I N 9 b http ://www.pcconnection, eom/scriptslproductdetail.asp ?product_id=89221 ~0 : ~* t'c connecuon ' .~,yc, rersonal ~urge~'Test, /-Outlet [t't~K/), t'~.K/ Page I oI 2 ~'~0o'g~-Pla-ff6rm Smart Selectors ENetwork~- .*:~ ~ I 'Product Search I i ,~-d '¢~n'c-e-d-Se arc h e s 'Browse Products Systems Desktops Handhelds Notebooks Servers Networking Hardware Accessories Digital Cameras Drives & Storage Memory Modems Power Management Printers & Scanners Video & Sound Software Business Educational Games Graphics & Design Home Intemet Utilities Services Service Net 'Featured Areas Hot Products Ciearance ~p By Brand Programs Affiliate Program /:Home: Go Back: Product Detail Product Detail Plat. Item # Manufacturer/Product Availability Pdce APC Today $19.95 Pemo~al SurgeArresL 7-OutJet (PER7) 7 outlet surge supressor. Unit features: protection working LED; site-wiring fault LED; fail safe mode; thermal fuse; tracking of sine wave; master on/off ~-&~-~-~i; switch; 6ft line cord; 15 amp circuit breaker and 7 ? protected outlets. Unit is equipped with a fast acting fuse that reacts quickly to lightning strikes and other catastrophic surge events. In addition, a thermal fuse shuts your system down in case of a dangerous widng fault. Product Features # of Outlets 07 Form Factor Strip Master Switch/Switched OutletsYes Warning for Damaged CircuitryYes Insurance for Damaged HardwareYes Protection Type(s) Electrical Outlet Only Product Details Money Back Guarantee N/A Labor Warranty Lifetime Product Warranty Lifetime Shipping Weight 2 lbs Mfr. Part No. PER7 Year 2000 Information The manufacturer states that this item is Year-2000 Compliant. PC Connection does not represent or warrant the accuracy of this information; as a service to you, we are furnishing information we have sought and received from the manufacturer. PC Connection, Inc. encourages its suppliers to make their products and services Year 2000 compliant, however, PC Connection, Inc. cannot and does not represent or warrant that any product advertised or sold by it is free from date related an'ors resulting in rite rum of the century. Any information provided on products has been fumished by the manufacturer. 11/3/00 Site Help I Site Map I Service Connection I Order Track. ng I Co~tact Us About Us I Catalo~ Reauest I Investor Relations I Employment I Site Feedback Le_aal Terms of Sale Conditions & Trademarks Privacy_ Policy_ Year 2000 Disclaimer 2000 PC Connection, Xnc. All fights reserved. http ://www.pcconnection.com/scripts/productdetail.asp?product_id=20014 Awards~ . Recogni.._tion .- - Agend~ N 0 V 2 8 2000 rz/3','O8-~.. JSI. {ALLS Part SB-25(~ SB-250 SB-25(~, SB-25, BLGX, escl ge Gr¢ aUGre ac Tea'i, tion te C) ~Ate Small Ball (Size B) ~White Small Ball (Size B) tall Black (Size A) 813-909-8989 800-329-9193 [?rices $91~iect to chance Price $6.00 $6.00 x' ~ C $6.00 $6.00 $6.00 dPUTER MICE Part # MacM-1 3 MacM-2 4 USB-M 3 USBCombo 5 PC-SM 6 PS-2M 4 PC-BM -6 PC-CM 4 S-P 7 P-S 7 PC-BL 6 PC-TB 5 Mac -TB Pg# )escription lacintoshADB 1 Button facintosh ADB 2 Button ~SB 2 Button Mouse !SB Combo Mouse (iMac & PC) ,:rial Mouse (flat conn.) S/2 Mouse (round conn.) erial Internet Browser Mouse (flat conn.) Combo Mouse :rial - PS/2 Converter S/2 - Serial Converter Mouse-Black (great 4 Notebooks) Trackball Mouse I~,~~.ntosh Trackball Mouse Bole ~ ypeface signifies "New Product" Price $19.95 $14.95 $19.95 $19.95 $12.95 $12.95 $14.95 $12.95 $5.00 $2 $14.95 $25.00 $35.00 P.O. Box 1159 Land O'Lakes, FL 34639 (Fax) 813-909-898 800-329-919 813-909-878 PAPER Mastre' cartons paced 10 pac~ per cm"ton (ma:~t 11'x 17' which tms ~ve caraxe). 8~'x11' Whitze 20 lb. 500 10.37 Pt< 8½'x14' WNte ~01b. 500 13.18 P'K 1'rx17' White ~)lb. 500 20.75 I:'K PAPER 8½'x11' Witlie 201~. 500 11~6 PK 1~46-7 COPY & COVER PAPER $½'x11' Co~y Pa,pm' 28e,. 500 21.68 PK 11'x17' Copy ~ 2~ lb. 500 43..37 PK 6½'x11' Corm' Cora' 60lb. 250 I COPY PLUS COPY PAPER I)t"x !1' White 3l I). I00 10.37 IT 8~'xI.4' White 20 lb. 500 13.18 PI( 11'x17' White ~nb. ' 500 20.75 Pt( 8½*x11' White ~b. 54)0 .11.~ I~ (D) XER0/!.ASERCOPY PAPER HI~ 18300-2 8½'x11' While 20 lb. ' 500 13.00 (E) SAVINGS DP PAPER HI~ 1M100 8½'x 11' ~ 20 lb. 500 11.29 (F) NEW NOTICES AHD COLOR-CODING PAPER (:~ wo~ by c~x'. P~,~i,~ ight hues n's~ tXack Ink e~-y to mad. Heaw wei0m 54 g,. cov~ males wo~ stand out. 20 lb. asso,-bnent inctudes blue, canary, green, pin~ HPG 1~32&.0 I½'x11' Ass, of ted 20 a,. 400 16.15 PI~ HRG ll334~ I½'x11' A~.-m/ M I~. 125 6,29 I~G 1632~.0 I~i'x11' Bue Ms,. 125 ~ 1~33~4 l½'x11' F~nk 54 ~. 12:5 $.B~ Pt< ~ 1~3-~ 8½'x11' ~Cr~am M lb. 125 $.8g PK HPG I~MO-~ 8½'x11' 54 ~. 125 5.8g ~ 1~4-1 I½'x11' White M I~ 250 9..56 Pt( (G) NEW' ARCIIIVAL COPrES MiD RECORDS PAPER HP~ 163'16-,~: 8½'x11' White lll~ 16317.4:[: 8½'x1,r White 201 Two 72"W Stations with Keyboard Plat; CPU Holder~ and a Half Round Printer Computer Center Furniture .Paragon® Adjustable Height Compute, Lab Desks Space-saving design allows you to lin~ desk~ together for small group training activities T-leg design inclucle~ heavy-duty wire management chases with convenient g~ommet holes for wir~ control. Heavy duty construction provides for long-lasting use in schools, libraries, labs. High-pressure laminate work surfaces have ll4"-thick tops for increased durability. Heavy-gauge tubular steel legs easily adjust from 26-32"H to meet ADA requirements. Mix and match rectangular tables with a half round table to use for a printer or another desk. Adds versatility for small group use. Assembly required. Ships by truck from TX. Computer Work StaUons No. of Wt. Key Preduct No. Description !t~WzD Grommets Lbs. ' Price P146-S135 Single student station 26-32'x30"x24'.. I .. 80 $224.95 P146-5136 Single student station 26--32'x60'x24".. 2 120.. 274.95 P146-5137 2-student station .....26--32'x72'x24'.. 3 160.. 299.95 (B) P146-51~8 Half Roond print~ desk 26-32'X48'L30'. I 105.. 244.95 (C) P149-0223 21' Keyboard Platform .. I'x21'x10~ ...... 15 ... 69.95 (D) P146-9141 CPU Holder..: ........ 8'HxS-81~"W ...... 16... 34.95 . ~'ay .,nebula Nebula Specify color: Light Oak, Medium OaIq Walnut, Fusion Maple (see page 724), Charcoal Gray, Gray, Cloud Nebula, White Nebula, see left. Paragon* $emi4'ecessed Adju s- a .bled.hi Work Sialion ~,~ · Monitors held at a comfortable 30 angle x~w to prevent unnecessary eye movement ..,=,Maintain eye-to-eye contact between students and teachers with ' 'nti-Recessed Monitor Stations. Generous 30"D work surface Jws space for writing and mouse pads. Includes modesty panel with ~ chase to;control cords, CPU rack for vertical CPUs and pull-out g~yboard tray(s). Sturdy construction includes 1 ~','-thick lops vat. ~.:~h-pressure laminate surface and tubular steel legs adjus! ! 76--32"H (ADA height). Has cut-outs measuring 18'W ;. in2s~ requirtc ,;or monitor. 16-gauge steel compartment. Comes · tudent 48"W or 2-student 80"W. Assembly by truck from TX. o4ption !!xWxD wt. ~ Prk~ PI46-S1' '~dent station ....26-32"x80"x30" 260 $664.95 P!46-51.' utent station ....26-32'x48"x30' 140 424.95 .~.'~ , ..~_ ,~pecOry ~.· ,ht Oak, Medium Oalq Walnut, Fusion Maple, Charcoal Gra3 Gray, . Cloud b ~ite Nebula, see left. See page 724for Fusion Maple chip. H~t- cxnds on chnnnels Join 2 workstations with end cain with · Palmer Bridge II Lab-Tree' Computer Lab Workstations · Innovative design allows workstations to connect side-to.side or stand alone Enjoy the generous 30"D work surfaces that accommodate larger computers. Unique leg placement allows tables to be placed side-by-side with a continuous trough for cables. Sturdy I ~'-extra !trick high-preasure laminate work surfaces have heavy-gauge tubular steel legs and quality 3ram PVC edging. Cables feed into cable chase to keep cords off floor. Cable cover on top surface Iraps and secures cable with hex head key bolts. Back panel extends 5~" above the top surface tc deter detachn~nt and shield cable ~ons. Use optional Printer Bridge to conveniently store printer between desks. Optional End Caps conceal the cable area at the end of a nan or in a stand-alone environ~nent. Assembly required. Ships by truck from NC. ' P153-0092 Work Station .. 27'x59~'X30' 120.0 i)15-3-0093 Print~B6dge .. i'~'~23}6x29" 25.0 ...~4."~ PIS3-0094~ Connector Kit. Black .......... 2.0.. $pecify ~olor, see lea ! ~ Call Toll-free !-800-356-1200. ~21 Radius-Edge Bookcase Shelving Square-Edge Bookcase Shelvin Design adds distinction to your library With genuine wood veneers Radius edge design adds a look of distinction Perfect blending of quality crafts~nan to any environment. Top radius style comers and features at affordable prices. are solid wood; sides, bottom and top feature 3-ply core is laminated with r. 3/4" construction; back is 1/4" thick. veneers for a beautiful real-wo~,., Holds up to 100 lbs. per shelf. Shelves unmatched at these are adjustable in 1¼" increments. Shelves are 36"W x 12"D All models are 36"W x 12"D. Available are adjustable on 1'£' cet in Honey Oak, Walnut or Capacity:1001b's. pershetf. Mahogany finishes. (Not avail- panel is one solid piece able in Light Oak-013). veneered. Square-edge d{ Unassembled. 30" and 36" high will highlight any book c{ units ship via UPS in quantities tion. 30" and 36" high units of three or less. All others ship via UPS. All others ship from manufacturer via truck. manufacturer ~,ia tr~ck. Five-year warranty! '- ....'~'~ ' -~' Five-year warran'l £at.# Height # Shelves We. (lbs.)Price Cat.# Height # Shelves We. (lbs.)Price 63 165' 30" 2 60 $159.00 63 475' 30" 2 55 $139 63 166' 36'~ .. - 3 70 179.00 63 476* 36" 3 65 159 63 167' 48" 4 85 219.00 63 477* 48" 4 80 .215 63 168' 60" 5 105 245.00 63 478' 60" 5 100 235 63 169' '.72" 5 125 285.00 -~ 63 479' 72" 6 120 269 63 170' 84" 6 140 319.00 63 480' 84" 7 135 299 63 171' -- Single 1" shelf only 45.00 63 481' -- Single shelf only 39 *Please specify finish: Walnut-011, Honey Oak-012 or *Please specify finish: ~ Mahogany-015. Light Oak not available on Radius-£dge Bookcase. Walnut-011, Honey Oak-012, Light Oak-013 or Mahogany-01 Walnut-011 Honey Oak-012 Light Oak-013 Mahogany-015 I Easy, three-step as~ '. QUIK-SEM BL"Steel bookcases with easy assembly No t~bls required : Packed with man)' outstanding features, these bookcases offer quick and easy one-person assembly that requires no tools. Heavy 19-gauge steel con- ! struction is strong and rigid; roll-formed sheb,,es prevent buckling under heavy loads and are adjustable in 2" increments. Capacid,: 250 lbs. per shelf. ' Choose from four baked-on enamel finishes, five heights, and depths of 12" or 14g". Five-year limited warranty..Ships fro. m manufacturer. BOOKCASES WITH 12" DEEP SHELVES Overall dimensions: 33~'W x 14~'D. Cat.# Ht. # Shelves WL (lbs.) Price 63 915' 29" 2 49 $115.00 63 916' 38" 3 65 129.00 63 917' 50" 4 84 159.00 63918' 62" 5 102 190.00 63 919' 74" 6 120 225.00 eOO CASES wrrHDEEP SHELVES Overall dimensions: 33~','W x 17"D. Cat.# Ht. # Shelves Wt (lbs.) Price 63 920* 29" 2 58 $125.00 63 921' 38" 3 76 149.00 639 , 50" 4 moo : -- 63 9~* 62" 5 219.~ ~ 924' 74" 6 Five-year wa~antyl *Please speci~ finish: Black~l, Light Gray-~2. Tropic ~nd-~3 or Putt ~ 0 V 2 430 ~.broda~.com ~rs: ~8-820~ EXECUTIVE SUMMARY APPROVAL OF LEASE AGREEMENTS WITH DECASTER CAPRIOLE JOINT VENTURE AND R.Y.R.R., INC. IN ORDER TO RELOCATE TRANSPORTATION PLANNING AND ENGINEERING. O~aIEILT_13~: Approval of Lease Agreements with DeCaster Capriole Joint Venture and R.Y.R.R., Inc., in order to relocate the Transportation Planning and Engineering Departments. CONSIDERATION: On September 12, 2000, the Board of County Commissioners approved the Facilities Management Department's plan to relocate certain Departments and authorize staff to negotiate a Lease for office space on Horseshoe Drive for same. Within this Executive Summary, the remaining Transportation staff located in Building "D" is to be relocated to Horseshoe Square located on Horseshoe Drive South; the same location occupied by Transportation Operations, Stormwater Management and Utilities Management Operations (formerly DOR). Transportation Engineering shall utilize 4,784 square feet with an annual rental amount of $61,713.60 to be paid in monthly installments of $5,142.80 plus Common Area Maintenance charges of $996.67 monthly. The annual rent shall be increased by four percent (4%) following the first full year of occupancy for each year thereafter throughout the life of the Lease. The initial term shall be for five (5) years with five (5), one (1) year renewals. The Lease includes a provision for the County to terminate the Lease, with or without cause, by providing sixty (60) day written notice to the landlord. If the County should terminate the Lease prior to the initial five (5) year term, the County shall be required to reimburse the landlord for improvements made by the landlord expressly for the County under an amortized schedule. At this time, the space requires improvements to be made by the landlord pursuant the County's design. The anticipated commencement date of the Lease is December 1, 2000, which is unrealistic at this time. However the Lease makes note of a revised commencement date to be ten (10) days following the issuance of the Certificate of Occupancy for the office space. Since the final design was recently agreed upon by all parties, the estimated construction completion date is the end of January. Transportation Planning shall utilize 2,000 square feet of another office within Horseshoe Square with an annual rental amount of $25,800.00 to be paid in monthly installments of $2,150.00 plus Common Area Maintenance charges of $416.67 monthly. The annual rent shall be increased by four percent (4%) following the first full year of occupancy for each year thereafter throughout the life of the Lease. The initial term shall be for three (3) years with two (2) options to renew for one (1) year each. This Lease reflects a three (3) year term unlike the five (5) year term for Transportation Engineering since the landlord may require this space after three (3) years. The landlord stated that he will entertain additional Lease terms if he should not require the space after the initial three (3) year term. No improvements are required in this space and the commencement date of the Lease is December 1, 2000. 2000 FISCAL IMPACT: The annual rental amount of $61,713.60 to be paid in equal monthly installments of $5,142.80, monthly Common Area Maintenance charges of $996.67 and any and all utility charges related to the office for Transportation Engineering shall be withdrawn from the gas tax supported CIP fund. The total annual cost for rent and Common Area Maintenance charges shall be $73,673.64. The annual rent of $25,800.00 to be paid in equal monthly installments $2,150.00, monthly Common Area Maintenance charges of $416.76 and any and all utility charges related to the office for Transportation Planning shall be withdrawn from the referenced account. However, a budget amendment is required in order to pay these charges for Transportation Planning. The total annual cost for rent and Common Area Maintenance charges shall be $30,801.12. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve a Lease Agreement with DeCaster Capriole Joint Venture and a Lease Agreement with R.Y.R.R., Inc., and authorize its Chairman to execute same and to approve the necessary budget amendment in order to cover funds for the Transportation Planning olTlce's rent, Common Area Maintenance and utility expenses. Michael H. Dowling, Senior Sp~lis~R~xa~Property Management Department Reviewed B~. ~Dani~~el R. Ro~~nte/firn~ Direc r, c'I!,~iies M~/~'a~:me~nt~Cepar~:nt-//cry/ ^ rov d y: Jo-Anne Varcoe Leamer, Admin2~!rator, Support Services Division 2000 Pg.~ Lease # LEASE AGREEMENT I 0¥ 2 8 THIS LEASE AGREEMENT entered into this __ day of ,2000, betv DeCaster Capfiole Joint Venture, a Florida Joint Venture, whose mailing address is c/o Douglas DeCaster, Mekose Place, Naples, Florida 34104, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tarniami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2675 Horseshoe Drive South, Naples Florida, Units 401 and 402, totaling 4,784 square feet, hereinafter referred to as the "Demised Premises," for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on December 31, 2000 and ending December 30, 2005, hereinafter referred to as the "Initial Term." If the Demised Premises is not ready for occupancy by December 31, 2000, the commencement date of the Lease shall be ten (10) days from the date of issuance of the Certificate of Occupancy for the Demised Premises. The rent shall then be paid based on the actual occupancy date if the Demised Premises is not received for LESSEE'S occupancy by December 31, 2000. If the Demised Premises is not completed to LESSEE'S satisfaction, or if the Demised Premises is una~ to be occupied by LESSEE within ten (10) days after the issuance of the building permit, LESSEE has the right to terminate this Lease by providing the LESSOR with written notice at the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same annually following the Initial Term, for a total of five (5) additional years, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intent/on to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty (60) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 14 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. If LESSEE should elect to terminate this Lease prior to the initial five (5) year term as set forth in this Lease, LESSEE shall compensate LESSOR for the unamortized portion of costs associated with the improvements made to the Demised Premises specifically for LESSEE by LESSOR. At the commencement of this Lease, the improvements have been valued at Sixty-t~,o Thousand One Hundred ninety-tofo Dollars ($62,192.00). The cost of the improvements shall be amortized over the initial five (5) year term as follows: Termination during the first year:Sixty-two Thousand One Hundred Ninety-two Dollars ($62,192.00) Termination during the second year:Forty-nine Thousand Seven Hundred Fifty-three Dollars ($49,753.00) Termination during the third year:Thirty-seven Thousand Three Hundred Fifteen Dollars ($37,315.00) Termination during the fourth of year: Twenty Four Thousand Eight Hundred Seventy-six Dollars ($24,876.003 Termination during the five year: Twelve Thousand Four Hundred Thirty-eight Dollars ($12,438.00) If the Lease should be terminated at any time during the above-respective years, that year's reimbursement shall be prorated monthly. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Sixty One Thousand Seven Hundred Thirteen Dollars and Sixty Cents ($61,713.60) per annum in equal monthly installments of Five Thousand One Hundred Forty-two Dollars and Eighty Cents ($5,142.80) each. LESSOR acknowledges that LESSEE shall not Provide LESSOR with any security deposit. All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent Following the first full year of tenancy, the annual rental amount shall increase by four (4) percent for each ensuing Lease year thereafter and any renewal terms thereof. ARTICLE 5. Other Expenses and Charges In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of Nine Hundred Ninety-six Dollars and Sixty-seven Cents ($996.67). This amount shall include, but is not limited to, real estate taxes, insurance, outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. If LESSOR is required to increase the CAM after the first full year of occupancy because of actual operating expenses, LESSOR shall provide LESSEE with written notice of same thirty (30) days after the new calendar year advising of the new charges for each year of the Lease and for any renewals thereto. Upon LESSOR'S notice to LESSEE concerning new charges, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. LESSEE shall be responsible for the payment of all janitorial services and utility charges pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, air condition, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. LESSOR shall be responsible for all costs associated with the operation and maintenance of the'~lectrical and hghting systems, plumbing system, pest control and air conditioning system and air conditioning filters at the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. i'- AGENOA ITEM N 0¥ 2 8 2000 LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage 2 occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 8. Assi_munent and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises to any entity other than a County agency, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. The LESSOR reserves the right to assign this Lease subject to the terms of the Lease. ARTICLE 9. ~surance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall de! said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, ,. thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTICLE 10. Claims Arising from LESSEE'S Use of Premises To the extent permitted in Subsection 768.28, Florida Statute, LESSEE shall indemnify and hold LESSOR harmless against and from any and all claims arising fi'om LESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from the conduct of its business, or fxom any activity, or work done, permitted or suffered in or about the Demised Premises, and LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ARTICLE 11. ~ LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demis Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause same to cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. 3 ARTICLE 12. l~flg.[LtL~g&~ Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). Subject to LESSEE'S good faith effort to correct such default. ARTICLE 13. ~ LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: DeCaster Capriole Joint Venture c/o Mr. Douglas DeCaster 260 Melrose Place Naples, Florida 34104 cc' Office of the County Attorney Transportation Administrator ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this .!.ease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same si~all be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. ARTICLE 17. Subordination and Attomment Provided same does not unreasonably interfere with LESSEE'S use of the Demised Premises, this Lease shall automatically be subordinate (a) to the haterest, liens and rights of the subdivision and condominium regimens, now or hereafter in effect, (b) to the lien of any mortgage or deed of trust, now or hereafter in force against the Demised Premises, and to all advances made or hereafter to be made upon the security thereof; (c) to any and all present and future easement agreements; and (d) to any extensions, modifications, consolidations, participations and replacements of or to any of the instruments referred to in (a), (b), (c) above. LESSEE agrees, within thirty days after LESSOR'S written request therefor, to execute, acknowledge and deliver any and all documents or instruments requested by LESSOR or necessary or proper to assure the subordination of this Lease to any such mortgages, deed of trust, leasehold estates or easement agreements; notwithstanding anything to the contrary set forth in this Lease, LESSEE hereby attoms and agrees to attorn to any person, firm, corporation or other legal entity purchasing or otherwise acquiring the Demised Premises, at any sale or other proceeding or pursuant to the exercise of any rights, powers or remedies under such mortgages or deeds of trust or underlying leases as if such person, firm or corporation had been named as LESSOR herein, it being intended hereby that if this Lease is 4 terminated, cut-off or otherwise defeated by reason of any act or actions by the owner or holder of any such mortgage or deed of trust or the lessor under any such leasehold estate, then, as to any such person , finn or corporation so purchasing or otherwise acqu!ring the Demised Premises this Lease shall continue in full force and effect. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of' under any mortgage or deed of trust made by LESSOR covering the Demised Premises, or recovery of posses,~.. by the ground lessor, LESSEE shall artore to the purchaser upon any such foreclosure or sale and recognize such purchase or ground lessor as the LESSOR under this Lease. Any such pumhaser or ground lessor of LESSOR shall not be liable for the return to LESSEE of its security deposit unless such successor of LESSOR has in fact been delivered such security deposit. ARTICLE 18. General Covenants of LESSEE LESSEE, at its sole cost: (i) will keep the inside of all glass in the doors and windows of the Demised Premises clean; (ii) will maintain the Demised Premises in a clean, orderly and sanitary condition; (iii) will comply with all laws and ordinances and all valid rules, regulations and requirements of all county, municipal, state, federal and other governmental authorities pertaining to LESSEE'S construction or installations within the Demised Premises and LESSEE'S use and occupancy of the Demised Premises; (iv) will comply with all recommendations of any public agency having authority over insurance rates with respect to the use or occupancy of the Demised Promises by LESSEE; (V) will install and maintain any additional fire extinguishing apparatus required by local regulations or the requirements of insurance underwriter subsequent to the date of this Lease, it being agreed and understood that at the time of the commencement of occupancy, both parties expect full compliance with local law before the issuance of the certificate of occupancy; (vi) will comply with all reasonable rules and regulations which govern the condominium association and the subdivision in respect to the use and care of the Demised Premises, Common Areas, Service Areas and other facilities and building areas. ARTICLE 19. 2~f, allam.r.~Li~ LESSEE will not permit to remain tindischarged any lien, encumbrance or charge (arising out of any work of any contractor, mechanic, laborer or materialsman or any mortgage, conditional sale, security agreement or chatt~ mortgage, or otherwise) which might be or become a lien, encumbrance or charge upon the Demised Premise any part thereof or the income therefrom, and LESSEE will not suffer any other matter or thing whereby the esta,~, right and interest of LESSOR in the Demised Premises or any part thereof might be impaired. If any lien or notice of lien on account of any alleged debt of LESSEE or any notice of contract by a party engaged by LESSEE or LESSEE'S contractor to work on the Demised Premises shall be filed against the Demised Premises or any part thereof, LESSEE, within ten (1) days after receipt of notice of the filing thereof, will cause the s~iiiae to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If LESSEE shall.fail to cause such lien to be discharged within the period aforesaid then, in addition to any other right or remedy, LESSOR may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event LESSOR shall be entitled, if LESSOR so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgement in favor of the lienor with interest, costs and allowances. Any amount so paid by LESSOR and all costs and expenses, including attorneys fees, incurred by LESSOR in connection therewith, together with interest thereon at the lesser of eighteen (18) percent per annum or the maximum rate allowed by law from the respective dates of LESSOR'S making of the payment or incurring of the cost and expense, shall constitute additional rent payable by LESSEE under this Lease and shall be paid by LESSEE to LESSOR on demand. ARTICLE 20. Condition of Demised Premises: Disclaimer of Warranties LESSEE'S act of tak'mg possession of the Demised Premises shall be deemed LESSEE'S acceptance thereof and that the Demised Premiers are in good order and satisfactory condition. ARTICLE 21. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in suffici~ quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 5 ARTICLE 22. ~ This Lease Agreement shall become c. ffective upon execution by both LESSOR and LESSEE. ARTICLE 23. ~ This Lease Agreement shall be governed and construed in accordance with the laws oFthe State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: , Deputy Clerk JAMES D. CARTER, Ph.D., Chairman AS TO THE LESSOR: WITNESS (signature) (print name) /SS (signature) (print name) DECASTER CAPRIOLE JOINT VENTURE A Florida Joint Venture DECASTER LAND TRUST DOUGLA~DECA~ER ,"~USTEE CAPRIOLE INVESTMENTS LLC BY: KAY~BBS, PRESIDENT / NO¥ 2 8 2000 Approved as to fornk~d l~gal sufficiency: Thomas C. Palmer Assistant County Attorney 6 ' LEASE AGREEMENT Lease # THIS LEASE AGREEMENT entered into this ~ day of ,2000, between R.Y.R.R. Inc., a Florida Corporation, whose mailing address is 1104 Collier Boulevard, Marco Island, Florida 34145, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. ~ LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2685 Horseshoe Drive South, Unit 214, Naples Florida, totaling 2,000 square feet, hereinafter referred to as. the "Demised Premises", for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencing on December 1, 2000, and ending November 30, 2003, hereinafter referred to as the "Initial Term". LESSEE is granted two (2) options to renew this Lease, provided it is not in default of any of the terms of same for one (1) year each, following the Initial Term, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty (60) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 14 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Twenty-five Thousand Eight Hundred Dollars ($25,800.00) per annum in .equal monthly installments of Two Thousand One Hundred Fifty Dollars ($2,150.00) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security deposit. All rental payments shall be due payable in advance no later than the fifteenth of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent Following the first full year of tenancy, the annual rental amount shall increase by five (5) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 5. Other Expenses and Cha~es In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of Four Hundred Sixteen Dollars and Sixty-seven Cents ($416.67). This amount shall include, but is not limited to, real estate taxes, insurance, outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. LESSOR shall provide and install, at its sole cost and expense, wall-to-wall commercial-grade carpeting throughout the Demised Premises. If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with waitten notice of same thirty (30) days after the new calendar year advising of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. LESSEE shall be responsible for the payment of all janitorial services and utility charges pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, air condition, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to' supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. LESSOR shall be responsible for all costs associated with the operation and maintenance of the electrical and lighting systems, plumbing system, pest control and air conditioning system and air conditioning filters at the Demised Premises. ARTICLE 6. Modifications to Demised' Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements~ and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements,~ alterations, fixtures and installations whi6h were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or ;~anitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lea~se Agreement. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COLTNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman AS TO THE LESSOR: DATED: Witness (signature) (print name) ss (signatUre) (print name) R.Y.R.R. Inc. A Florida Corporation ROB~lS.T ROSE~qOW, President Approved as to form and legal sufficiency: Thoma~ C. Palmer Assistant County Attorney I NOV 2 8 200~ ~ 5 EXECUTIVE SUMMARY Re-Appropriate Training Funds in the Human Resources Information System Capital Projects Budget. module. To provide funding for training on the Vista/PDS Human Resources ,CONSIDERATION: A budget amendment was approved by the Board of County Commissioners in fiscal year 2000 to provide $28,000 for training on the Human Resources Vista Data Manag~/ment 'System. Funds were not expended in fiscal year 2000 due to the department being unable to send people for training while system was being updated. The system is at a point structually where staff can now attend training; therefore, it is necessary to re-appropriate the $28,000 required for the training. FISCAL IMPACT; The total cost of the data system training is $28,000. Funds are available in Facilities Management CIP Fund (301). GROWT, ~H MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment re-appropriating $28,000 from reserves in Facilities Management CIP Fund (301). SUBMITTED By: ~'POT'~ r~9, & ~e~).~ Date: '/ /George P Bradley Human Resources Director APPROVED BY: ? /,~" ..'i.i~ "'" 'Date: Jo-Anne Varcoe Leamer Support Services Administrator EXECUI'Z~E SUMMARY APPROVE FUNDING FOR THE AGENDA COORDINATOR POSIT'~ON IN THE DEPARTMENT OF PUBLIC INFORMAI".[ON OB3ECTIVE: To provide the necessary funding for the costs associated with the Agenda Coordinator position. CONSIDERAI'ION$: The position of Public Information Agenda Coordinator was created within the Public Information Department to coordinate 'and distribute the Board's agenda and to assist with other public relations duties. This position was not included in the budget for this fiscal year. As a result, the operating budget for the Department of Public Information does not have sufficient funds to cover the necessary costs. FISCAL IMPACT: The total cost of salary, benefitS and associated costs of the Agenda Coordinator position amounts to $65,663. Funds are available in General Fund (001) reserves. GROWTH MANAGEMENT IMPA(Tr: There is no Growth Management Impact associated with this request. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment from General Fund (001) reserves to fund the Agenda Coordinator position in the Public Information Department. Prepared by: ~an-~4e~r~tt, D~ re~o~ Public ~nformation Depa~ment Approved by: ~oAn-~e ~'arcoe-Leamer, A~ministrator Suppo~ Se~ices Division NOV 2 8 2000 EXECUTIVE SUHMARY APPROVE A BUDGET AMENDMENT TO COVER COSTS ASSOCIATED WITH THE PRODUCTION OF THE "COUNTY HIGHL1~GHTS" TELEVISION SERIES OB3ECTIVE: To provide funding to continue to produce the "County Highlights" television series for the remainder of FY 2001. CONSIDERATIONS: In the past, MediaOne provided the set, cameras, crew, graphics, editing, location and other necessary equipment for the production of this highly successful television series, which airs on local television Channel 54. Recently, MediaOne informed the Department of Public information that they no longer would be able to provide these services free of charge. The estimated cost for the production and filming of this show for the remainder of this fiscal year is $6,000. It is staff's recommendation that this broadcast continue due to its popularity and recognition in the community. The most appropriate source of funds would be from cable franchise fees considering this is a service that benefits the local viewing public. FISCAL IMPACT: The estimated production costs for the "County Highlights" program for the balance of FY 2001 is $6,000. These funds were not budgeted as MediaOne previously provided production services free of charge. Funds are available in MSTD General Fund (11:1) reserves. GROWTH HANAGEHENT IHPACT: There is no growth management impact associated with this Executive Summary. RECOt4MENDATION: The Board of County Commissioners approve a $6,000 budget amendment necessary to cover the costs to continue the production and filming of the "County Highlights" program for the remainder of this fiscal year. Prepared by: ,~ ~ ~ ~ .1 ea r~--¢le~itt, Director Department of Public Information Approved by: ,_~'-'~?/~----~'~'-~ JoAnne V~rcoe-Lear~e~' ' ~' Support Services Division A~l'ministrator EXECUTIVE SUMMARY AWARD OF RFP 00-3125 "Annual Contract for Countywide Exotic Vegetation Removal" OBJECTIVE: To contract with multiple firms in order to provide complete exotic vegetation removal services for all County Departments to use as needed. CONSIDERATIONS: In the past, exotic vegetation removal services have been competitively procured as individual projects, but are now being required on a continuing basis by various County departments. Accordingly, it made sense on both an economic and time basis to have an annual contract in place to cover these services. Requests for Proposals (RFP) for this projeci were soliciied by the Purchasing Department on August 2, 2000. Notices of the RFP invitation were sent to 88 firms. A total of 25 firms requested the full RFP package, and 7 firms submitted proposals by the deadline of September 1, 2000. A Selection Committee approved by the County Manager met on October 27, 2000 to rank, review and discuss the proposals received. By consensus, the Selection Committee wishes to contract with all the responding proposers in order to have a variety of firms available to provide exotic vegetation removal services. The firms are as follows: 1. Florida Permitting 2. Florida Environmental 3. Ecosystems Technology 4. Native Technologies 5. Environmental Quality Lab. 6. DeAngelo Brothers 7. Florida Environmental Clearing FISCAL 1MPACT: Funds for these services shall come from each individual using department as projects are , identified. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of services. RECOMMENDATION: That the Board of County Commissioners award RFP 00-3125 "Annual Contract for Countywide Exotic Vegetation Removals' to all 7 firms, and' that the Chairperson be authorized to sign the standard County Attorney approved agreements on behalf of the Board. ~el~y Ward~Prr~hasing Agent Purchasing Department ell, CP Purchasing/General Se~ices Director APPROVED BY: ' Jo-~nn~Leamer v -,r ,- ! X - Support Services Administrato~ AGENDA ov 2 8 TABULATION FOR RFP # 00-3125 "Annual Contract for Countywide Exotic Vegetation Removal" DATE OF RFP ADVERTISEMENT: August 2, 2000 RFP DUE: September 1, 2000 ~ 3:00 PM NO. OF INQUIRIES SENT:88; VENDORS REQUESTED FULL PACKAGE: 25 +++++-t-++++-~ ~ ~fi-++&dr+++++++++++++++++++++-I-+++++++++++++++++++++++++ Proposer Original + 5 Copies Florida Permitting Florida Environmental Ecosystems Technology Florida Env. Clearing Native Technologies Env Quality Lab. DeAngelo Brothers City, State Holmes Beach, F1 Noah Po~, FL Ft. Myers, FL Davenport, FL Ft. Lauderdale Port Charlotte, F1 Pompano Bch, FL X Yes [~ No X Yes [~No 1_~_]~ YesX No Yes X No X Yes ~ No X Yes No No Yes [ ] No -'] Yes No X Yes Yes [ ]No Rhonda Tibbetts '~.V:c'r~¢i~ ~-"-~~ Opened by Donna Williamson '~~ ~-ff~ Witness "NON-PROPOSAL" RESPONSES RECEIVED FROM: VENDORS EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 00-3137 - ANNUAL AGREEMENT FOR PREPARATION AND DELIVERY OF TITLE COMMITMENTS AND TO AUTHORIZE STAFF TO IDENTIFY OTHER ADDITIONAL QUALIFIED FIRMS. OBJECTIVE: To enable staff to acquire title commitments for key property acquisitions in a timely, efficient and proper manner. CONSIDERATION: The Real Property Management Department utilizes "outsourced" service providers to prepare and obtain title commitments for prospective land acquisitions. These services are procured through competitively bid annual contracts. During the summer, the Purchasing Department issued bid invitations to several firms, but received only one bid offer in response. In an effort to obtain more bids, staff re- solicited the contract on August 29, 2000. Notices were sent to 62 prospective bidders. ' On September 20th, bids from four fim~s were publicly opened. Real Property staff has reviewed the offers received and recommends award of annual contract to Midwest Title Guarantee Co. and Associated Land Title Group, Inc. The remaining bids are not recommended for award as the offer from Security First Title did not include a price for title search and examination services; and the bid from Action Title is considered too costly and far above current market prices. With the expedited road construction program underway and continuing, staff believes that more than just two providers are needed under annual agreements. For this reason, staff recommends that the Board, in addition to awarding contracts to the recommended firms, authorize staff to seek additional firms to include under the annual contact. Any such offers would be brought back to the Board for subsequent award and inclusion in the annual contract schedule. FISCAL IMPACT: None. The annual agreements are "standing" agreements governing the price and delivery of title commitments, endorsements and title insurance. When these services are required by Collier County, they are paid for from each particular capital improvement project's budget. GROWTH MANAGEMENT IMPACT: None. Executive Summary (cont'd.) Page 2 RECOMMENDATION: That the Board of County Commissioners: 1. Award Bid 00-3137 to Midwest Title Guarantee Co. and Associated Land Title Group, Inc., respectively, for the Annual Agreement for Preparation and Delivery of Title Commitments; 2. Authorize its Chairman to execute renewable annual agreements between Collier County and the approved vendors once those agreements have been approved by the Office of the County Attorney; and 3. Direct staff to seek out and bring before the Board additional proposals for subsequent inclusion in the-annual agreement in order to meet the needs of the expedited transportation work pj,zogram. y: ~~~~~~~. Date: //% SUBMITTED B ~,K~v~i_t~n~..~;~,~( ~ght-~f-~Vay D_,e/sign and Valuation Coordinator REVIEWED BY: ,~("J~ ~'~/~. Date: lt-/ Steve ~tamell, 1511trchasing Director APP R O V E D B Y: c~ .~~. ~_~.~l~ D ate: Jo2Ar~e Vh~coe-Le~mer, S~Jpport Services Administratbr .... EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO EXECUTE A REVOCABLE TEMPORARY LICENSE TO FLORIDA POWER & LIGHT COMPANY THAT WILL BENEFIT THE INSTALLATION OF ELECTRIC UTILITY FACILITIES AT THE GOLDEN GATE COMMUNITY CENTER AND ADOPT THE NECESSARY RESOLUTION. OBJECTIVE: To obtain authorization for the Chairman of the Board of County Commissioners to execute a Revocable Temporary License to Florida Power & Light Company ("FPL") for the construction, operation and maintenance of electric utility lines and transformer necessary with the installation of electric utility facilities to the Tax Collector's Sub-Station at the Golden Gate Community Center and adopt the necessary Resolution. CONSIDERATION: The Collier County Facilities Management Department is in the process of installing electric utility facilities to the Tax Collector's Sub-Station at the Golden Gate Community Center. The proposed electric utility facilities will require the installation of 3-phase electrical power. FPL needs to construct electric utility lines and install a transformer within the area of the Tax Collector's Sub-Station at the Golden Gate Community Center to ensure the successful operation of the electric utility facilities. The Revocable Temporary License gives FPL the authority to construct electric utility lines and install a transformer within the scope of the Tax Collector's Sub-Station project. Upon completion of the proposed construction of the electric utility lines and installation of a transformer, a legal description showing the exact location of the permanent electric utility will be produced and the permanent electric utility easement for electric utility lines and transformer will be recorded. The permanent easement granted to FPL will be five (5') feet on either side of the electric utility facilities. FISCAL IMPACT: Total acquisition costs with documentary stamps and recording costs for the Revocable Temporary License and the permanent Utility Easement shall not exceed $100.00. Funds are available in Fund 301. GROVVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board: (1) Approve the Revocable Temporary License and authorize the Chairman to execute the document that will benefit the installation of electric utility facilities to the Tax Collector's Sub-Station at the Golden Gate Community Center.i' A~ ~E~ - NOV 2 8 2000 Pg- _ / _-~-:'-: . Page 2 Executive Summary/Resolution Golden Gate Community Center (2) Adopt the attached Resolution pursuant to F.S. 125.38 and authorize its' Chairman to execute the Resolution. (3) Approve and execute the necessary Utility Easement upon completion of electric utility line construction and installation of a transformer, receipt of legal description of permanent electric utility lines, and upon approval by the County Attorney's Office as to form and legal sufficiency and authorize the Chairman to execute any and all documents necessary to conclude the transaction. SUBMITTED BY: ~__~ J ecialist II Real' Property ~anageme~ Department ,, "-J/~'ck Crognale, C'~)nstruction Manager ,/Facilities Management Department , REVI EWE D BY: Parks and Recreation D~pa~ment APPROVED BY: Leo Ochs, Administra~gr Public Se~ices Divi~n DATE: DATE: DATE: 2000 2 4 6 7 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 27 28 29 3O 31 33 34 35 36 37 39 40 41 42 RESOLUTION NO. 2000 - A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO EXECUTE A REVOCABLE TEMPORARY LICENSE TO FLORIDA POWER & LIGHT COMPANY THAT WILL BENEFIT THE INSTALLATION OF ELECTRIC UTILITY FACILITIES AT THE GOLDEN GATE COMMUNITY CENTER. WHEREAS, Collier County is desirous of providing Flodda Power & Light Company with a Revocable Temporary License for the construction, operation and maintenance of electric utility facilities, including but not limited to, distribution lines and other related equipment, under and through the property, but not under any permanent building improvement which is existing or under construction at the time of utility construction, and more particularly described in Exhibit "A" attached hereto; WHEREAS, upon completion of the construction of the electric utility facilities on the property, a permanent Utility Easement will be granted for the land wherein the utility facilities are located. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners does hereby approve the attached Revocable Temporary License to Florida Power & Light Company; and The Chairman of the Board of County Commissioners of Collier County, Flodda, is hereby authorized to execute the attached Revocable Temporary License to Flodda Power & Light Company; and The Board of County Commissioners does hereby approve and authorize its Chairman to execute a permanent Electdc Utility Easement to Florida Power & Light Company for the land wherein the utility facilities are located. THIS RESOLUTION ADOPTED on this after motion, second and majority vote. 6 ATTEST: DWIGHT E, BROCK, Clerk 3.0 ~1 BY: 12 , Clerk 13 3_5 3.8 2 o Approved as to form and 2~ legal sufficiency Heidi F. Ashton Assistant County Attorney 2'7 28 3O day of ,20 , BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman £xHmrr Description of a Part of Section 33, Township 49 South, Range 26 East, Collier County, Florida. All that part of Section 33, Township 49 South, Range 26 East, Collier County, Flodda and being more particularly described as follows: Commencing at the northwest comer of said Section 33, thence along the north line of above section, North 87° 53' 26" East, 110.07 feet to the east Right-of- Way of Santa Barbara Boulevard and the POINT OF BEGINNING of the parcel herein described: Thence along the north line of above section North 87° 53' 26" East, 2086.03 feet; thence South 0° 06' 01" East, 705.13 feet to the northerly Right-of-Way of a 70.0 foot access road; thence along said northerly Right-of-Way. South 89° 58' 55" West, 2084.24 feet to the east Right-of-Way of Santa Barbara Boulevard; thence along the said east Right-of-Way North 1° 13' 03" West, 68.28 feet to an angle point in said east Right-of-Way; thence continuing along said east Right-of-Way North 0° 00' 59" West, 560.73 feet to the POINT OF BEGINNING; Being a part of Section 33, Township 49 South, Range 26 East, Collier Flodda Project: Golden Gate Community Center REVOCABLE TEMPORARY LICENSE THIS REVOCABLE TEMPORARY LICENSE entered into this ~ day of , 20 , by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as "COUNTY", and FLORIDA POWER AND LIGHT COMPANY, its licensees, agents, successors, and assigns, whose mailing address is 4105 15t~ Avenue SW, Naples, Florida 34116, hereinafter referred as "UTILITY", approving the use of County-owned property for the purpose of constructing electric utility facilities; WHEREAS, the UTILITY requires the use of County-owned property for the purpose of constructing, operating, and maintaining electric utilities, including but not limited to, distribution lines and other related electric equipment, under, and through the property as more particularly described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, the UTILITY shall construct electric utility lines so that easement does not extend under any permanent building improvement which is existing or under construction at the time of utility construction; WHEREAS, the COUNTY is willing to approve the use of County-owned property for such purposes; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The COUNTY herein approves, for TEN DOLLARS ($10.00) and other valuable considerations, the use of the County-owned property for the purpose of constructing, operating, and maintaining electric utilities, including but not limited to, distribution lines and other related electric equipment, under and through the prcperty as more particularly described on Exhibit "A" attached hereto and made a part hereof, hereafter referred to as "PROPERTY". The approval of the use of the PROPERTY by the UTILITY shall expire upon grant of a permanent Utility Easement. Upon completion of the construction of the electdc utility facilities on the property, a permanent Utility Easement will be granted for the land wherein the electric utility facilities are located. Upon the completion of construction, the UTILITY shall restore the surface of the Property to its original condition. This Revocable Temporary License shall be administered on behalf of the COUNTY by and through the Collier County Real Property Management Department. The UTILITY, to the extent permitted by law, and as limited by §768.28, F.S. shall indemnify, save, protect and hold harmless COUNTY against any damages and claims arising by reason of UTILITY'S utility installation or the operation of same. 8 UTILITY covenants and agrees not to assign this Revocable Temporary License or to permit any other persons to occupy same without the written consent of COUNTY. The COUNTY and UTILITY specifically agree that this Agreement represents a license for the UTILITY'S use of the property and does not convey any estate in the property or create any interest whatsoever. IN WITNESS WHEREOF, the parties hereto have here made and executed this Revocable Temporary License as of the day and year first above wdtten. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: BY: , Deputy Clerk JAMES D. CARTER, Ph.D., Chairman Approved as to form and le su ~cie y: H~idi ~./~sl~ton Assistant County Attorney AO~NOA ZTE.N N0V 8 000 ! EXHIBIT Description of a Part of Section 33, Township 49 South, Range 26 East, Collier County, Florida. All that part of Section 33, Township 49 South, Range 26 East, Collier County, Florida and being more particularly described as follows: Commencing at the northwest corner of said Section 33, thence along the north line of above section, North 87° 53' 26" East, 110.07 feet to the east Right-of- Way of Santa Barbara Boulevard and the POINT OF BEGINNING of the parcel herein described: Thence along the north line of above section North 87° 53' 26" East, 2086.03 feet; thence South 0° 06' 01" East, 705.13 feet to the northerly Right-of-Way of a 70.0 foot access road; thence along said northerly Right-of-Way, South 890 58' 55" West, 2084.24 feet to the east Right-of-Way of Santa Barbara Boulevard; thence along the said east Right-of-Way North 10 13' 03" West, 68.28 feet to an angle point in said east Right-of-Way; thence continuing along said east Right-of-Way North 0° 00' 59" West, 560.73 feet to the POINT OF BEGINNING; Being a part of Section 33, Township 49 South, Range 26 East, Collier County, Florida NOV Z 8 2000 EXECUTIVE SUMMARY APPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH BILLY BOY CARRYOUT, INC. OBJECTIVE: Approval of a First Amendment to Lease .Agreement with Billy Boy Carryout, _Inc. · con. cerning the Lease approved on August 1, 2000, for the Golden Gate office for the WIC program. CONSIDERATION: On August 1, 2000, a Lease Agreement between Collier County and Bill Boy Carryout, Inc. was approved by the Board of County Commissioners in order to secure an office space in Golden Gate City for the WIC program. After the approval, the landlord advised tha.t a provision concerning the renewal rental amount was not included in the final draft of the Lease. At this time, the attached First Amendment to Lease Agreement is being submitted for Board approval amending the current Lease to provide for an annual CP! increase. FISCAL IMPACT: The future increases in annual rent shall be withdrawn from the account in which present rent is withdrawn from concerning the Lease Agreement dated September 12, 2000 (Fund 001, Cost Center 155810, Health Department). GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the First Amendment to Lease Agreement with Billy Boy Carryout, Inc. and authorize its Chairman to execute same. Michael H. Dowling, Senior Speci~list, ~1 Property Manage~en~ D-~pa~n~nt ~PPROVEDBY: ~: ~~; Leo P: Ochs, Jr., AdT~/strator, Public Se~ices Division DATE: AG£ttOA ITEM Lease #871 FIRST AMENDMENT TO LEASE AGREEMENT :IIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this I~ day of ~tc.~2,~r 2000, at Naples, Collier County, Florida by and between.Billy Boy Carryout, Inc., a Florida c~rpo~ation, whose mailing address is in care of Coldwell Banker McFadden & Sprowls, 3701 North Tamiami Trail, Naples, Florida 34103, hereinafter referred to as "LESSOR", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement ("Lease Agreement") dated August 1, 2000; WHEREAS, the LESSEE and LESSOR are desirous of mending that Lease Agreement; and NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Lease Agreement dated August 1, 2000, and Ten Dollars ($10.00) and other valuable consideration, the Lease Agreement is hereby amended as follows: Article 4 of the Lease Agreement is hereby deleted in its entirety and the following provision is substituted in its place: Following the first full year of occupancy, the rent set forth in ARTICLE 3 shall be increased annually for each year of the Lease and any renewal terms thereto in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average, all Item-Series A (1982 - 84 = 100), United States Department of Labor had increased for the preceding year or by Four (4) Percent, whichever ~-Yigure is higher. However, in no event shall the annual minimum rent be less than Eight Thousand Eighty >liars ($8,080.00), nor shall any yearly increase be greater than five (5) percent. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. Said increase shall be provided by LESSOR in writing to LESSEE no later than thirty (30) days following the renewal term. 2. Except as expressly provided herein, the Lease Agreement remains in full force and effect according to the terms and conditions contained therein, and said terms a conditions are applicabl~ hereto Except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSEE: DATED: ~/t~ ,, Witr)~s (signature) (pridt name) NAME OF LESSEE BILLY BOY CARRYOUT, INC. BY: VF~L~2a K(~OK~qPresige~t - 'itness (signature) (print name) AGE ~)A ITEM 0 o NOV 2 B 2000 P~. ~ AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIEJA BY: JAMES D. CARTER, PH.D., CHAIRMAN Approved as~l~ and legal sufficiency: Robert N. Zach~a~ Assistant County Attorney 2 EXECUTIVE SUMMARY APPROVAL OF THE COLLIER COUNTY GROUP BENEFIT PLAN HEALTH INSURANCE PLAN DOCUMENT EFFECTIVE JANUARY 1, 2001. OBJECTIVE: To up~lat~ the County's group health plan document to reflect changes to the plan, the plan administrator, and contact information and to distribute the updated document to employees. CONSIDERATION: The Board of Commissioners provides group health insurance coverage to its employees through a self-insured group health program. This program utilizes a master plan document (the policy or plan document) which governs covered benefits and exclusions. The County's third party claims administrator, Robey Barber, utilizes this document to govern the payment of benefits. This document was last updated in 1999. However, since that time various changes have occurred which are not reflected in the most recent document. These changes include the name, address, and contact information of the current claims administrator, Robey Barber Insurance Services; changes to the prescription drug plan; nor does it include anticipated plan design changes effective January 1,2001. After the Board's decision to utilize Robey Barber to perform claims administration in January, 2000 the Risk Management Department requested that Robey Barber revise the document. The most significant coverage changes included in the plan document are as follows: 1) The deletion of the $200 deductible option as previously approved by the Board in September. 2) The institution of the current prescription drug co-payment arrangement as previously approved by the Board effective May 1, 2000. 3) The institution of a co-payment arrangement for in-network physician office visits effective January 1, 2001. In September, 2000 the Board approved a $25 co-pay which included all services provided by the physician in the office on the same day of service subject to certain exclusions. Upon further review of this change from an administrative standpoint and after input from employees, it is now recommended that the Board institute a $15 co-pay for services provided by a primary care physician for the same day of service subject to a maximum $300 cap with all remaining charges being applied to the deductible. In addition, a $25 co-payment would apply to services provided by a specialty care physician subject to a $300 cap. This change is recommended because many employees expressed concern that the co-payment did not apply to the deductible and they also expressed concern that the $25 co-pay amount was too high for an office visit only. By covering all services provided by the physician yet establishing a $300 cap, coverage is broadened while continuing to provide a fair cost sharing arrangement between the plan and the employee. 4) A change to the Chiropractic benefit to include massage which limits the amount allowed to $45 per visit up to an annual maximum of $1500. 5) A change to the Emergency Room Benefit which eliminates the $100 non- emergency deductible and institutes a $50 emergency room deductible visit for in- network facilities and a $100 deductible for our of network facilities. The document was prepared and reviewed by the County's Group Health Claims Administrator, Robey Barber and the Risk Management Director. Once approved by the Board of Commissioners, each employee will be provided a copy of the document. FISCAL IMPACT: There is no fiscal impact as a result of these changes being incorporated and implemented in the aggregate. The cost to fund the health plan this fiscal year is estimated to remain at $6,800,000 as budgeted. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to the approval of the plan document. RECOMMENDATION: It is recommended that the Board approve the Collier County Group Benefit Plan Document. SUBMITTED BY: ' = ' Jeff Walker, CPCU, ARM, Director, Risk Management REVIEWED BY: Jo-A~ne Varcoe-~amer. Support Services Administrator SCHEDULE OF BENEFITS PPO PROVIDERS NON-PPO PROVIDERS (subject to Usual and Customary Charges) MEDICAL BENEFITS BEFORE THE DEDUCTIBLE Well Child Care (up to age 16) 80% 8O% Routine Care (age 16 and over - see Eligible Expenses) Maximum Benefit: One Annual Exam up to $350 per Calendar Year 1 OO% 100% Physician Office Visits $25 Co-pay, then 100% Subject to Deductible and Co-insurance Prescription Drug Card Generic Preferred Brand Name Non-Preferred Brand Name Mail Order: Generic Preferred Brand Name Non-Preferred Brand Name $7 Co-pay, then 100% $14 Co-pay, then 100% $25 Co-pay, then 100% $14 Co-pay, then 100% S30 Co-pay, then 100% S50 Co-pay, then 100% $7 Co-pay. then 100% S14 Co-pay, then 100% $25 Co-pay, then 100% N/A N/A N/A CALENDAR YEAR DEDUCTIBLE High Option Individual Family S300 3 individual Deductibles $300 3 individual Deductibles Low Option Individual Family $50O 3 individual Deductibles $500 3 individual Deductibles MEDICAL BENEFITS AFTER THE DEDUCTIBLE Emergency Room Services $50 Co-pay per visit, then subject to Deductible, then 80% $100 Co-pay per visit, then subject to Deductible. then 80% NOTE: The Emergency Room Co-pay will be waived if an Inpatient stay results. Home Health Care A II Other Eligible Expenses RB785- Rev 1/1/01 100% 100% 80% 80% 7 AGE NOA ITEN NOV 2 8 2000 ELIGIBLE EXPENSES Eligible expenses shall be the charges actually made to the Covered Person and, unless otherwise shown, will be considered eligible only if the expenses are: 1. Due to Illness or Injury; 2. Ordered or performed by a Physician; 3. Medically Necessary; and 4. Usual and Customary. Reimbursement for eligible expenses will be made directly to the provider of the service, unless a receipt showing payment is submitted. All eligible expenses incurred ata Preferred Provider will be reimbursed to the provider. 1. HOSPITAL SERVICES: In13atient Hospital room and board, including all regular daily services will be payable as shown in the Schedule of Benefits. Charges made by a Hospital having only single or private rooms will be considered at the least expensive rate for a single or private room. Care provided in an Intensive Care Unit will be payable as shown in the Schedule of Benefits. Miscellaneous services and supplies, including any additional Medically Necessary nursing services furnished while being treated on an Inpatient basis. Outpatient Services and supplies furnished while being treated on an outpatient basis. EMERGENCY ROOM SERVICES: Treatment in a Hospital emergency room, including professional services will be payable as shown in the Schedule of Benefits. The Co-paywill be waived if the person is admitted directly as an Inpatient to the Hospital. AMBULATORY SURGICAL FACILITY: Services and supplies provided by an Ambulatory Surgical Facility. 4. URGENT CARE FACILITY: Services and supplies provided by an Urgent Care Facility. OUTPATIENT PRE-ADMISSlON TESTING: Outpatient pre-admission testing performed within seven (7) days of a scheduled Inpatient hospitalization or Surgery. 6. PHYSICIAN'S SERVICES: Services of a Physician for medical care or Surgery. Services performed in a Physician's office on the same day for the same or related diagnosis, regardless if a Physician is seen or not, will be payable as shown in the Schedule of Benefits. Services include, but are not limited to: examinations, x-ray and laboratory tests (including the reading or processing of the tests), supplies. allergy shots, injections, and c._ast application. Surgery performed during an office visit will be payable subject to the Ded~ti~;~cl~:ro~ insurance. / "~'-~~ I NOV 28 2000 R B785-Rev 1/1/01 14 L ~J-~-. COLLIER COUNTY GOVERNMENT EMPLOYEE BENEFIT PLAN This Plan is written, adopted and operative for the sole and exclusive purpose of providing to the Eligible Employees and their Eligible Dependents employee welfare benefits as described herein. The Plan agrees to provide the Benefits set forth in the Schedule of Benefits to all Covered Persons in accordance with the provisions and conditions of the Plan. The Plan, is subject to all the conditions and provisions set forth in this document and subsequent amendments which are made a part of this Plan. Collier County Government has caused this REVISED Plan to take effect as of 12:01 a.m., local time on January 1, 2001 at Naples. FL. Date Authori- ad Signature Witness Title TABLE OF CONTENTS GENERAL INFORMATION ..................................................... 1 DEFINITIONS ................................................................. 2 SCHEDULE OF BENEFITS ....................................................... 7 ELIGIBILITY & ENROLLMENT .................................................... 10 EFFECTIVE DATE OF COVERAGE ................................................ 13 ELIGIBLE EXPENSES .......................................................... 1 SUN EXCEL TRANSPLANT NETWORK ............................................. 21 DIABETES SUPPLY PROGRAM ................................................... 22 MEDICAL EXPENSE AUDIT BONUS ................................................ 22 ALTERNATIVE BENEFITS ........................................................ 23 PRE-EXlSTING CONDITION LIMITATION ............................................ EXCLUSIONS AND LIMITATIONS .................................................. 30 TERMINATION OF BENEFITS ................................................ CONTINUATION OF BENEI~ITS (COBRA) ......................................... 36 COORDINATION OF BENEFITS ................................................... 38 EFFECT OF MEDICARE ......................................................... 41 SUBROGATION AND REIMBURSEMENT ............................................ 42 RIGHTS OF RECOVERY ......................................................... 43 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION .................................................... 43 GENERAL PROVISIONS ......................................................... 44 INSTRUCTIONS FOR SUBMISSION OF CLAIMS ...................................... 46 Name of Plan: Plan Number: Plan Administrator: Group Number: Employer Tax ID Number: Plan Effective Date: Plan Revised Date: Plan Renewal Date: Plan Fiscal Year Ends: Agent for Legal Service: Contract Administrator: Effective Date of Coverage: Termination Date of Coverage: GENERAL INFORMATION Collier County Government Employee Benefit Plan 501 Collier County Government 3301 East Tamiami Trail Naples, FL 34112 RB785 59-6000558 January 1, 2000 January 1, 2001 January 1 December 31 Collier County Government Corporate Benefit Services of America, Inc. P.O. Box 10100 Tampa, FL 33679 (888) 259-7022 If you are a regular full-time or part-time employee and your hire date is the first of the month., your coverage begins on that day. If your hire date is after the first of the month, your coverage begins on the first day of the following month. The last day of the month in which the employee terminated. RB785- Rev 1/1/01 1 2000 | Robey-Barber Insurance Services Corporation Youp Benefits Partnep Collier County Government 33Ol E. 'Tamiami Trail- Admin. :Bldg 4, Risk Mgmt. De. pt. ~aples, Florida 34~2 ()c t~bcr -4, Attn: Al~ce Toppe Re: Plain Document :Enclbsed)br you r review,.p[~ase find ttie revised-PiU n Docu men t_lbr Collie County. Tfiis document reflects atFtfie cfianges ti~at were requested 7'[~ase carefull! review this dbcument, d~tte andsig~ it ![acceptab[~, and-retu~'~ ttie si~tnattlre.pd~te to our ot~'~ce, to ln?t dttention. Tlia~t~ ~tou tbr tile opportunity to be c?sem, ice to you, (f I can be of anyfurtt{er cl:StStctllCe en ttie t~lture,_plbase /~,e(free to contact our of/]'ce, my extension is 2451 and- nl?! emdiidddi'ess is kdean,, rbis.com. Sincerely, ;Katib L. Dean Sa[~s Coordinator Enclosu ~e cc: File 3965 Henderson Blvd., Tampa, FL 33629-5015 (813) 286-1123 · Toll Free.' 1-800-749-7409 · Fax.' (813) 289-0444 An Affiliate of CORPORATE BENEFIT SERVICES OF AMERICA, INC. COLLIER COUNTY GOVERNMENT Employee Benefit Plan Effective' Revised: January ~ 20r'~' January 1, 2001 Group No.' RB785 CORPORATE BENEFIT SERVICES OF AMERICA, INC. 3965 HENDERSON BOULEVARD TAMPA, FL 33629 2000 DEFINITIONS AMBULATORY SURGICAL FACILITY: An ambulatory surgical center, free-standing surgical center, or outpatient surgical center, which is not part of a Hospital and which: (1) has an organized medical staff of Physicians; (2) has permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures; (3) has continuous Physician's services and registered graduate nursing (R.N.} services whenever a patient is in the facility; (4) is licensed by the jurisdiction in which it is located; and (5) does not provide for overnight accommodations. BENEFITS: The Plan provides payment as shown in the Schedule of Benefits for eligible expenses subject to the limitations, specifications, exclusions and provisions of the Plan. BIRTHING CENTER: A place licensed as such by an agency of the state. If the state does not have any licensing requirements, it must meet all of the following tests: (1) is primarily engaged in providing birthing services for low risk pregnancies; (2) it is operated under the supervision of a Physician; (3) it has at least one registered nurse (R.N.) certified as a nurse midwife in attendance at all times; (4) it has a written agreement with a licensed ambulance for that service to provide immediate transportation of the Covered Person to a Hospital as defined herein if an emergency arises; and (5) it has a written agreement with a Hospital located in the immediate geographical area of the Birthing Center to provide emergency admission of the Covered Person. CALENDAR YEAR: January 1 through December 31 each year. CLOSE RELATIVE: A Covered Person's spouse, parent (including step-parents), sibling, child, grandparent or in-law. CO-INSURANCE: The percentage of eligible expenses a Covered Person is required to pay as shown in the Schedule of Benefits. CONTRACT ADMINISTRATOR: The organization providing services to the Employer in connection with the operation of this Plan and performing such other functions, including processing of claims. as may be delegated to it. CO-PAY: The portion of the medical expense which is the responsibility of the Covered Person as shown in the Schedule of Benefits. A Co-pay is applied for each occurrence of such covered medical service and is not applied toward satisfaction of the Deductible, Co-insurance or Out-of-Pocket Limit. COSMETIC SURGERY: Any procedure which is primarily directed at improving an individual's appearance and does not meaningfully promote the proper function of the body or prevent or treat Illness or disease. COVERED EMPLOYEE: An Eligible Employee whose coverage has become effective and has not terminated. COVERED PERSON: An Eligible Employee or Eligible Dependent whose coverage has become effectrve and has not terminated. CREDITABLE COVERAGE: Coverage provided under any Qualified Health Plan. CUSTODIAL CARE: Care or service which is designed primarily to assist a Covered Person, whether or not disabled, in the activities of daily living· Such activities include, but are not limited to: bathing, dressing, feeding. preparation of soecial diets, assistance in walking or in getting in and out of bed, ' over medication which can normally be self-administered. NOV' RB785- Rev 1/1/01 2 DEDUCTIBLE: The total amount of eligible expenses, as shown in the Schedule of Benefits, which must be incurred by a Covered Person during any Calendar Year before covered expenses are payable under the Plan. The Family Deductible maximum, as shown in the Schedule of Benefits, is the maximum number of Deductibles which must be incurred by the covered family members during a Calendar Year. However, each individual in a family is not required to contribute more than one individual Deductible amount to the family Deductible. Carry-Over: If the Deductible is satisfied in whole or in part by eligible expenses incurred during October, November or December, those expenses will apply to the Deductible applicable in the next Calendar Year. DURABLE MEDICAL EQUIPMENT: Equipment prescribed by the attending Physician which meets all of the following requirements: (1) it is Medically Necessary; (2) it can withstand repeated use; (3) it is not disposable; (4) it is not useful in the absence of an Illness or Injury; (5) it would have been covered if provided in a Hospital; and (6) it is appropriate for use in the home. ELIGIBILITY DATE: The first date of coverage after the Eligible Employee has satisfied any applicable waiting period. See Eligibility & Enrollment section. ENROLLMENT DATE: The earlier of: (1) the first date of coverage; or (2) the first day of any applicable waiting period. The Enrollment Date with regards to a Late Enrollee will be the first date of coverage. EXPERIMENTAL; Experimental shall mean any treatment, equipment, new technology, drug, procedure or supply which is not recognized as eligible for coverage as defined below. tn determining whether a treatment, equipment, technology, drug, procedure or supply is' Experimental, the view of the state or national medical communities shall be considered, as well as whether: (1) there has been final approval from the appropriate government regulatory bodies; (2) scientific evidence permits conclusions concerning the effect on health outcome; (3) the net health outcome for "*e patient is improved, as much or more than established alternatives; and (4) improvement in 'Jr pa', ~ cc ,2:;ion would be attainable through the use of more conventional or widely. recognized treatment alternatives. Treatment may be considered Experimental within this definition, even if a Physician has previously prescribed, performed, ordered, recommended, or approved such treatment. EXTENDED CARE FACILITY: An institution or that part of any institution which operates to provide convalescent or nursing care which: (1) is primarily engaged in providing to Inpatients skilled nursing care and related services for patients who require medical or nursing care; or rehabilitation services for the rehabilitation of injured, disabled, or sick persons; (2) has policies which are developed with the advice of (and with provision for review of such policies from time to time by) a group of professional personnel, including one or more Physicians and one or more registered nurses (R.N.) to govern the skilled nursing care and related medical or other services it provides; (3) has a Physician, a registered nurse (R.N.), or a medical staff responsible for the execution of such policies; (4) t- as a requirement that the health care of every patient be under the supervision of a Physician, and provides for having a Physician available to furnish necessary medical care in case of emergency; (5) maintains clinical records on all patients; (6) provides twenty-four (24) hour nursing service which is sufficient to meet nursing needs in accordance with the policies developed above, and has at least one registered nurse (R.N.) employed full-time; (7) provides appropriate methods and procedures for the .dispensing and administering of drugs and injections: (8) in the case of an institution in any state in which state or applicable local law provides for the licensing of institutions of this nature, is licensed pursuant to such law, or is approved by the agency of the state or locality responsible for licensing institutions Of this nature as meeting the standards established for such licensing; and (9) meets any other conditions relating to the health and safety of individuals who are furnished services in such institutions or relating to the physical facilities thereof. RB785-Rev 1/1/O1 3 NOV 2 8 Z800 HOME HEALTH CARE AGENCY: A public or private agency or organization that specializes in providing medical care and treatment in the home. Such a provider must meet all of the following conditions, it: (1) is duly licensed, if such licensing is required. by the appropriate licensing authority to provide skilled nursing services and other therapeutic services: (2) qualifies as a Home Health Care Agency under Medicare; (3) meets the standards of the area-wide health care planning agency; (4) provides skilled nursing services and other services on a visiting basis in the patient's home; (5) is responsible for administering a home health care program; and (6) supervises the delivery of a home health care program where the services are prescribed and approved in writing by the patient's attending Physician. HOSPICE: An agency that provides counseling and incidental medical services and may provide room and board to terminally ill individuals and which meets all of the following requirements: (1) it has obtained any required state or governmental Certificate of Need approval; (2) it provides twenty-four (24) hour-a-day, seven (7) days-a-week service; (3) it is under the direct supervision of a duly qualified Physician; (4) it has a nurse coordinator who is a registered nurse (R. N.) with four (4) years of full-time clinical experience, at least two (2) of which involved caring for terminally ill patients; (5) it has a social-service coordinator who is licensed in the jurisdiction in which it is located; (6) it is an agency that has as its primary purpose the provision of hospice services; (7) it has a full-time administrator; (8) it maintains written records of services provided to the patient; (9) its employees are bonded, and it provides malpractice and malplacement insurance; (10) it is established and operated in accordance with the applicable laws in the jurisdiction in which it is located and, where licensing is required, has been licensed and approved by the regulatory authority having responsibility for licensing under the law; (11) it provides nursing care by a registered nurse (R.N.), a licensed practical nurse (LP.N.), a licensed physical therapist, certified occupational therapist, American Speech Language and Hearing Association certified speech therapist, or a certified respiratory therapist; and (12) it provides a home health aide acting under the direct supervision of one of the above persons while peFforming services specifically ordered by a Physician. HOSPITAL: A facility which: (1) is licensed as a Hospital where licensing is required; (2) is open at all times; (3) is operated mainly to diagnose and treat Illnesses on an Inpatient basis; (4) has ~ ~"a~ of one or more Physicians on call at-all times; (5) has twenty-four (24) hour a day nursing services u), registered nurses (R.N.'s); and (6) has organized facilities for major Surgery. However, an institution specializing in the care and treatment of Mental/Nervous Disorders or Chemical Dependency which would qualify as a Hospital, except that it lacks organized facilities on its premises for major Surgery, shall be deemed a Hospital. In no event shall "Hospital" include an institution which is primarily a rest home, a nursing home, a clinic, an Extended Care Facility, a convalescent home or a similar institution. ILLNESS: A disease, sickness, pregnancy or a condition involving bodily or mental disorder of any kind. All disorders which exist simultaneously and are due to the same or related causes shall be considered one Illness. INJURY: A bodily Injury which results independently of Illness and is caused by accidental means. All bodily Injuries sustained in any one accident and all related conditions and recurrent symptoms will be considered one Injury. INPATIENT: Admission as a bed patient to an eligible institution. RB785- Rev 1/1/01 4 .o._ / Cz,-,c NOV 2 8 2000 LATE ENROLLEE: An Eligible Employee or Eligible Dependent who does not elect coverage under this Plan within thirty-one (31) days of their Eligibility Date and who is not otherwise considered a Special Enrollee. An employee not enrolled or not eligible for coverage under the Employer's previous Employer- sponsored plan will be considered a Late Enrollee, LIFETIME MAXIMUM: The maximum benefit payable during an individual's lifetime while covered under this Plan. Benefits are available only when an individual is eligible for coverage under this Plan. The Plan provides for a Lifetime Maximum Benefit for specific types of medical treatment as well as for the total benefits provided by the Plan as shown in the Schedule of Benefits. MEDICAL EMERGENCY: Medical services and supplies provided after the sudden onset of a medical condition (Injury or Illness) manifesting itself by acute symptoms, including intense pain, which are severe enough that the lack of immediate medical attention could reasonably be expected to result in any of the following: (1) the patient's health would be placed in serious jeopardy; (2) bodily function would be seriously impaired; or (3) there would be serious dysfunction of a bodily organ or part. MEDICALLY NECESSARY: The medical service a patient receives which is recommended by a Physician and is required to treat the medical symptoms of a certain Illness or Injury. Although the service may be prescribed by a Physician, that does not mean the service is Medically Necessary. The medical care or treatment must: (1) be consistent with the medical diagnosis and prescribed course of medical treatment for the Covered Person's medical condition; (2) be required for reasons other than the convenience of the Covered Person or the attending Physician; (3) generally be accepted as an appropriate form of care for the medical condition being treated; and (4) be likely to result in physical improvement of the patient's medical condition which is unlikely to ever occur if the medical treatment is not administered. MORBID OBESITY: A condition in which the body weight is in excess of the norm for a person of the same age, sex and height by the lesser of one hundred (100) pounds or 50% of the persons ideal weight, provided treatment is under the recommendation and supervision of a Physician and Medic¢~l, .3ces¢-~v OUT-OF-POCKET LIMIT: An Out-of-Pocket Limit is the maximum amount of Co-insurance a Covered Person and/or all family members will pay for eligible expenses during a Calendar Year before the covered percentage increases to 100%. NOTE: Expenses incurred for the following cannot be applied toward the Out-of-Pocket Limit: (1) Deductibles; (2) Co-pays; (3) any penalty amounts; (4) any charges as defined in the Exclusions and Limitations section; (5) a Covered Person's Co-insurance for treatment of Mental/Nervous Disorders or Chemical Dependency; and (6) a Covered Person's Co-insurance for chiropractic care or acupuncture. PHYSICIAN: A legally licensed Physician who is acting within the scope of their license, and any other licensed practitioner required to be recognized for benefit payment purposes under the laws of the state in which they practice and who is acting wi¢-in the scope of their license. The definition of Physician includes, but is not limited to: Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental Surgery (D.D.S.), Doctor of Dental Medicine (D.M.D), Chiropractor, Licensed Consulting Psychologist, Licensed Psychologist, Licensed Clinical Social Worker, Master of Social Work (M.S.W.), Optometrist. Ophthalmologist, Physical Therapist, Podiatrist, Registered Nurse (RN.), Licensed Practical Nurse (L.P.N.), Certified Registered Nurse Anesthetist (C.R.N.A.), Speech Therapist, Speech Pathologist, Licensed Midwife, Acupuncturist, Massage Therapist, Physician's Assistant, Advanced Registered Nurse Practitioner (A.R.N.P.) An employee of a Physician who provides services under the direction and supervision of such Physician will also be deemed to be an eligible provider under the Plan. A(~ ND~ ITEM ' NOV 2 8 2000 5 RB785- Rev 1/1/01 PLAN ADMINISTRATOR: The Employer. which is sponsoring this Plan for its employees. The Plan Administrator may hire persons or firms to process claims and perform other Plan connected services. PREFERRED PROVIDER NETWORK: All participating providers, health professionals, Hospitals, or other organizations having an agreement with the Preferred Provider Organization (PP©). QUALIFIED HEALTH PLAN: The following will be considered Qualified Health Plans: (1) a group health plan: (2) health insurance coverage; (3) Medicare; (4) Medicaid; (5) CHAMPUS; (6) Indian Health Service plan or tribal organization plan; (7) a state risk pool coverage; (8) federal employees health insurance coverage; (9) public health plan; and (10) Peace Corps plan. SPECIAL ENROLLEE; An Eligible Employee or Eligible Dependent who: (1) declined coverage under this Plan due to coverage under another Qualified Health Plan, provided the employee enrolls under this Plan within thirty-one (31) days after termination of coverage under the Qualified Health Plan due to loss of eligibility or termination of employer contributions toward the cost of coverage; or (2) has a new dependent as a result of marriage, birth, adoption, or placement for adoption. A written waiver of coverage stating the existence of coverage under another Qualified Health Plan must have been completed by the employee in order for the employee or dependent to be considered a Special Enrollee at a later date. A Special Enrotlee is not considered a Late Enrollee. SUCCESSIVE PERIODS OF CONFINEMENT: With respect to an employee, Successive Periods of Confinement for the same or related causes shall be considered one period of confinement unless the subsequent confinement commences after a return to active work on a full-time basis for a period of two (2) weeks. Successive Periods of Confinement due to entirely unrelated causes shall be considered one period of confinement unless the subsequent confinement commences after a return to active work on a full-time basis for one day. With respect to a dependent, Successive Periods of Confinement will be considered one period of confinement unless the subsequent confinement commences after three (3) months fo!' ¥, .=1 the_ prior confinement. SURGERY: Any operative or diagnostic procedure performed in the treatment of an Illness or Injury by an instrument or cutting procedure through any natural body opening or incision. The reduction of a fracture or dislocation will also be considered Surgery. URGENT CARE FACILITY: A facility which is engaged primarily in providing minor emergency and episodic medical care to a Covered Person. A board-certified Physician, a registered nurse, and a registered x-ray technician must be in attendance at all times that the facility is open. The facility must include x-ray and laboratory equipment and a life support system. For the purpose of this Plan, a facility meeting these requirements will be considered to be an Urgent Care Facility, by whatever actual name it may be called: however, an after-hours clinic shall be excluded from the terms of this definition. USUAL AND CUSTOMARY CHARGE: Charges made for medical services or supplies essential to the care of the individual will be subject to a Usual and Customary determination. Usual and .Customary allowances are based on what is usually and customarily accepted as payment for the same service within a geographical area. In determining whether charges are Usual and Customary, consideration will be given to the nature and severity of the condition and any medical complications or unusual circumstances which require additional time, skill or experience. RB785 - Rev 1/1/01 6 SCHEDULE OF BENEFITS PPO PROVIDERS NON-PPO PROVIDERS (subject to Usual and Customary Charges) MEDICAL BENEFITS BEFORE THE DEDUCTIBLE Well Child Care (up to age 16) 8O% 8O% Routine Care (age 16 and over - see Eligible Expenses) Maximum Benefit: One Annual Exam up to S350 per Calendar Year 100% 100% Physician Office Visits $25 Co-pay, then 100% Subject to Deductible and Co-insurance Prescription Drug Card Generic Preferred Brand Name Non-Preferred Brand Name Mail Order: Generic Preferred Brand Name Non-Preferred Brand Name S7 Co-pay, then 100% $14 Co-pay, then 100% $25 Co-pay, then 100% S14 Co-pay, then 100% S30 Co-pay, then 100% S50 Co-pay. then 100% S7 Co-pay, then 100% S14 Co-pay, then 100% $25 Co-pay, then 100% N/A N/A N/A CALENDAR YEAR DEDUCTIBLE High Option Individual Family S300 3 individual Deductibles S300 3 individual Deductibles Low Option Individual Family S500 3 individual Deductibles $500 3 individual Deductibles MEDICAL BENEFITS AFTER THE DEDUCTIBLE Emergency Room Services $50 Co-pay per visit. then subject to Deductible, then 80% $100 Co-pay per visit, then subject to Deductible. then 80% NOTE: The Emergency Room Co-pay will be waived if an Inpatient stay results. Home Health Care All Other Eligible Expenses RB7S5- Rev 1/1/01 100% 100% 80% 80% 7 CALENDAR YEAR OUT-OF-POCKET LIMIT (does not include Deductibles) Hi.qh Option Individual Family PPO PROVIDERS NON-PPO PROVIDERS (subject to Usual and Customary Charges) $1,5oo s1,500 2 individuals 2 individuals Low Option Individual $2,000 $2,000 Family 2 individuals 2 individuals NOTE: Expenses incurred for the following cannot be applied toward the Out-of-Pocket Limit: (1) Deductibles; (2) Co-pays' (3) any penalty amounts; (4) any charges as defined in the Exclusions and Limitations section; (5) a Covered Person's Co-insurance for treatment of Mental/Nervous Disorders or Chemical Dependency; and (6) a Covered Person's Co-insurance for chiropractic care or acupuncture. BENEFIT ALLOWANCES - ALL PROVIDERS COMBINED Hospital Expense Benefit Room and Board ............................................ Semi-private room rate (private room when Medically Necessary) Intensive Care Unit .......................................... Usual and Customary Charr'~ Miscellaneous Services and Supplies ............................Usual and Customary Charge Extended Care Facility Calendar Year Maximum Benefit ................................ 90 days Home Health Care Calendar Year Maximum Benefit ................................ 100 visits NOTE: If home health care is in lieu of hospitalization the maximum benefit will not apply. Home Hospice Care Lifetime Maximum Benefit ..................................... S5,000 Oral Surgery/Treatment of TMJ Lifetime Maximum Benefit ..................................... Sl ,500 Chiropractic Care/Massage Therapy Maximum Benefit Payable per Visit .............................. S45 Combined Calendar Year Maximum Benefit ....................... Sl ,500 Acupuncture Calendar Year Maximum Benefit ................................ S1,000 RB755 - Rev 1/1/01 8 Hearing Aids (due to accident or Illness only) Lifetime Maximum Benefit ..................................... $2.000 Scalp Hair Prosthesis (Wigs/Hair Pieces) Lifetime Maximum Benefit ..................................... One wig or hairpiece Mental/Nervous Disorders Inpatient Calendar Year Maximum Benefit .............. : .............. 30 days* Lifetime Maximum Benefit .................................. 60 days* Outpatient Calendar Year Maximum Benefit ............................. 30 visits Lifetime Maximum Benefit .................................. 60 visits Chemical Dependency Treatment Outpatient Maximum Benefit Payable per Visit ...........................S30 Calendar Year Maximum Benefit ............................. S1,000 Inpatient'* and Outpatient Combined Calendar Year Maximum Benefit .................... $2,000 Combined Lifetime Maximum Benefit .......................... $10,000 * Two (2) days of partial hospitalization (minimum 6 hours to a maximum of 12 hours) will count as one day of confinement. ** A program of Inpatient treatment must be completed before Inpatient be"efits will be payable under this Plan. OVERALL LIFETIME MAXIMUM BENEFIT .......................... $1~000,000 BENEFIT PROVISIONS The Deductibles, Out-of-Pocket Limits and Maximums are combined for both the PPO Providers and the Non-PPO Providers. A separate document may be obtained from the Plan Administrator showing the providers available within the Preferred Provider Network at no cost to the Covered Person. PPO Providers are not subject to Usual and Customary Charges. Expenses for obtaining medical records will be paid in full to a maximum benefit of $50 per provider. Managed Care 2000 must pre-authorize certain medical services. See Cost Management Services section of the Plan for details. If these procedures are not followed, eligible expenses will be reduced by 50%. RB785- Rev 1/1/01 9 NOV ooo / ELIGIBILITY & ENROLLMENT EMPLOYEES A - ELIGIBLE EMPLOYEES An employee is eligible to participate in this Plan if they are a regular, full-time or part-time employee of Collier County Government and are regularly scheduled to work a minium of twenty (20) hours per week. An employee is also eligible to participate in this Plan if they are a qualifying retiree of Collier County Government. Qualifying retirees must meet the requirement of Florida Statute 112.0801. Eligibility for Medicaid or the recipient of Medicaid benefits will not be taken into account in determining eligibility. Other employees such as temporary or seasonal will not be eligible to enroll for coverage under this Plan. If you are a qualifying retiree when enrollment requirements are met, your coverage begins on the first day of the month following your retirement. B - WAITING PERIOD An employee's Eligibility Date will be as follows: if you are a full-time or regular part-time employee and your hire date is the first of the month, your coverage begins on that day. If your hire date is after the first of the month, your coverage begins on the first day of the following month. C - PLAN ENROLLMENT An Eligible Employee who elects to participate in the Plan, must complete, sign and return the provided "enrollment form" to the Employer within thirty-one (31) days of th~ Eligibility Dat{ Failure to enroll within this time limit will be deemed waiver of participation and ~h= ~,,.plo¥~u will be considered a Late Enrollee or Special Enrollee. Special Enrollee: If an employee is declining enrollment for single or family coverage because of other health coverage (see definition of Qualified Health Plan), the employee may in the future be able to enroll for single or family coverage, provided the request for enrollment is received within thirty-one (31) days after coverage under the Qualified Health Plan terminates due to loss of eligibility or termination of employer contributions toward the cost of coverage. The Pre-Existing Condition Limitation will apply. A written waiver of coverage stating the existence of coverage under another Qualified Health Plan must have been completed by the employee in order for the employee to be considered a Special Enrollee at a later date. If the employee has a new dependent as a result of marriage, birth, adoption, or placement for adoption, the employee may be able to enroll for coverage provided the employee requests enrollment within thirty-one (31) days after the marriage, birth, adoption or placement for adoption of a new dependent child. LateEnrollee: A Late Enrollee may enroll for single or family coverage under the Plan any time during the year; however, coverage will not become effective unti'l the following January 1 The waiting period will be waived, however, the eighteen (1 8) month Pre-Existing Condition Limitat~ .~ ,~/ill anoly, RB785- Rev 1/1/01 10 D - RETURN TO WORK/MILITARY RESERVISTS Military reservists who are called-up to active duty for a period of more than thirty (30) days will be eligible for coverage on the date they return to work, !orovided: 1. The employee is honorably discharged; and 2. The employee returns to work with the Employer within the specified time period in the Uniformed Services Employment and Reemployment Rights Act (USERRA). Coverage for a reservist will be on the same basis it is for active employees and dependents. DEPENDENTS A - ELIGIBLE DEPENDENTS Eligible Dependents will be a Covered Emptoyee's legally married spouse and each unmarried child who is not yet age twenty-five (25), provided such dependent is dependent on the employee for support and maintenance. (Under certain circumstances the employee may be required to provide the Plan with proof of dependency). Dependent children must meet the following requirements to remain eligible until age twenty-five (25): Full or part-time student (a student status form must be submitted twice annually as proof of continued eligibility). 2. Live at home and claimed as a dependent on the employee's i'~.come ta' (A cop,,, of the. income tax return will be required as proof of continued eligibility.) The term "child", as used herein, shall be defined as: (a) a natural born child; (b) a stepchild; (c) a foster child; (d) an adopted child (from the date of placement with the employee for the purpose of legal adoption); (e) a child for whom the employee is the legal guardian; (f) a grandchild from birth up to eighteen (18) months of age if the mother or father of the newborn is an Eligible Dependent; (g) any child who resides with the employee in a normal parent-child relationship, if the child qualifies at all times fo the dependent exemption, as defined in the Internal Revenue Code and the Federal Tax Regulations; or (h) a child for whom the employee is required to provide health coverage due to a Qualified Medical Child Support Order (QMCSO). Procedures for determining a Qualified Medical Child Support Order (QMCSO) may be obtained from the Contract Administrator at no cost. Where both the employee and spouse are employed by the Employer, each will elect single (employee only) coverage if there are no eligible dependent children. An employee shall not elect single coverage while the spouse elects dependent coverage if there are eligible dependent children. One of the employees shall choose to elect dependent coverage which would cover the spouse, who is also employed by the Employer, and all eligible dependent children. RB785- Rev 1/1/01 11 ELIGIBILITY EXTENSION FOR DEPENDENT CHILDREN Mentally or Physically Handicapped Child: If an unmarried dependent chitd, upon reaching age twenty-five (25), is incapacitated, unable to be self-supporting, and resides with the employee, then such child will continue to be an Eligible Dependent. The employee may be required to provide the Plan with written evidence of a child's handicapped status. C - PLAN ENROLLMENT An Eligible Dependent is able to participate in the Plan when the Covered Employee completes, signs and returns an enrollment form indicating dependent coverage to the Employer. The employee must enroll the dependent(s) within thirty-one (31) days of whichever of the following occurs first: 1. The employee's Eligibility Date if the employee has any Eligible Dependents at that time; or 2. The date the employee acquires an Eligible Dependent. If dependent coverage is already in force, the employee does not have to enroll additional dependent children acquired after dependent coverage is in force. If dependent coverage is not already in force, newborn children and adopted children will be coverkd on the date of birth or adoption (or placement for adoption) if enrolled within thirty-one (31 days of the birth, adoption or placement of adoption. Failure to enroll for dependent coverage within this time limit will be deemed v,.,~iver c' participation and future coverage for dependents under the Plan will be subject to the Late Enroli~_ S~ecial Enrolle.e provisions. SpecialEnrollee: If an employee is declining enrollment for family coverage because of other health coverage (see definition of Qualified Health Plan), the employee may in the future be able to enroll for family coverage, provided the request for enrollment is received within thirty-one (31) days after coverage under the Qualified Health Plan terminates due to loss of eligibility or termination of employer contributions toward the cost of coverage. The Pre-Existing Condition Limitation will apply. A written waiver of coverage stating the existence of coverage under another Qualified Health Plan must have been completed by the employee in order for the dependent to be considered a Special Enrollee at a later date. If the employee has a new dependent as a result of marriage, birth, adoption, or placement for adoption, the employee may be able to enroll for dependent coverage provided the employee requests enrollment within thirty-one (31) days after the marriage, birth, adoption or placement for adoption of a new dependent child. Late Enrollee: A Late Enrollee (employee) may enroll for family coverage under the Plan any time during the year; however, coverage will not become effective until the following January 1. The waiting period will be waived, however, the eighteen (18) month Pre-Existing Condition Limitation will apply. NOV 2 8 2000 RB785- Rev 1/1/01 12 ~ ~ ~ EFFECTIVE DATE OF COVERAGE A - EMPLOYEES Coverage for an Eligible Employee who enrolls in the Plan will be effective on whichever of the following occurs first: 1. The employee's Eligibility Date if the employee enrolls within thirty-one (31) days thereafter; The day following the date the employee's coverage terminated due to loss of eligibility or termination of employer contributions toward the cost of coverage through a Qualified Health Plan, provided enrollment is made within thirty-one (31) days in the case of a Special Enrollee; The date of marriage, provided the employee enrolls within thirty-one (31) days of the marriage; The date of birth or adoption (or placement of adoption) of a new dependent, provided the employee enrolls within thirty-one (31) days of the birth, adoption or placement of adoption' The day following the date in which COBRA coverage is exhausted if the employee had elected COBRA coverage under a Qualified Health Plan in the case of a Special Enrollee' or 6. January 1st following the date the Late Enrollee enrolls. B - DEPENDENTS When a Covered Employee enrolls an Eligible Dependent in the Plan, be effective on whichever of the following occurs later: depende' 'scovera,ae will 1. The employee's effective date' The day following the date the dependent's coverage through a Qualified Health Plan is terminated due to loss of eligibility or termination of employer contributions toward the cost of coverage, provided enrollment is made within thirty-one (31) days in the case of a Special Enrollee; The date of marriage, provided the dependent is enrolled within thirty-one (31) days following the marriage; .. The date of birth or adoption (or placement for adoption) if enrolled within thirty-one (31) days of the birth, adoption or placement for adoption; The day following the date in which COBRA coverage is exhausted if the dependent h~d elected COBRA coverage under a Qualified Health Plan in the case of a Special Enrollee; or 6. January 1st following the date the Late Enrollee enrolls. RB785- Rev 1/1/01 t3 ELIGIBLE EXPENSES Eligible expenses shall be the charges actually made to the Covered Person and, unless otherwise shown, will be considered eligible only if the expenses are: 1. Due to lithess or Injury; 2. Ordered or performed by a Physician; 3. Medically Necessary; and 4. Usual and Customary. Reimbursement for eligible expenses will be made directly to the provider of the service, unless a receipt showing payment is submitted. All eligible expenses incurred at a Preferred Provider will be reimbursed to the provider. t · HOSPITAL SERVICES: Inoatient Hospital room and board, including all regular daily services will be payable as shown in the Schedule of Benefits. Charges made by a Hospital having only single or private rooms will be considered at the least expensive rate for a single or private room. Care provided in an Intensive Care Unit will be payable as shown in the Schedule of Benefits. Miscellaneous services and supplies, including any additional Medically Necessary nursing services furnished while being treated on an Inpatient bas~s. Outpatient Services and supplies furnished while being treated on an outpatient basis. EMERGENCY ROOM SERVICES: Treatment in a Hospital emergency room, including professional services will be payable as shown in the Schedule of Benefits. The Co-pay will be waived if the person is admitted directly as an Inpatient to the Hospital. AMBULATORY SURGICAL FACILITY: Services and supplies provided by an Ambulatory Surgical Facility. URGENT CARE FACILITY; Services and supplies provided by an Urgent Care Facility. OUTPATIENT PRE-ADMISSION TESTING: Outpatient pre-admission testing performed within seven (7) days of a scheduled Inpatient hospitalization or Surgery. 6. PHYSICIAN'S SERVICES: Services of a Physician for medical care or Surgery. Services performed in a Physician's office on the same day for the same or related diagnosis, regardless if a Physician is seen or not, will be payable as shown in the Schedule of Benefits, Services include, but are not limited to: examinations', x-ray and laboratory tests (including the reading or processing of the tests), supplies, allergy shots. injections. and cast application. Surgery performed during an office visit will be payable subject to the Dedu.c_tihte a~d Cn- __ RB7S5 - Rev 1/1/01 14 iL~p0g,V.~m~20~ SECOND SURGICAL OPINIONS: Voluntary second or third surgical opinions for elective, non- emergency Surgery when recommended for a Covered Person. Benefits for the second opinion will be payable only if the opinion is given by a specialist who: (a) is certified in the field related to the proposed Surgery; and (b) is not affiliated in any way with the Physician recommending the Surgery. AMBULANCE SERVICE: Commercial ground or air ambulance service to transport the patient: (a) to and from the nearest Hospital equipped to treat the specific Illness or Injury when Medically Necessary; or (b) when Medically Necessary. 9. ANESTHETICS: Anesthetics and their professional administration. 10. BLOOD AND BLOOD DERIVATIVES: Blood, blood plasma, or blood components not donated or replaced. 11. DIAGNOSTICTESTING, X-RAY AND LABORATORY SERVICES: Diagnostic testing, x-ray and laboratory services, including services of a professional radiologist or pathologist. Dental x-rays are not eligible expenses, except as specified under Dental Care. 12. PRESCRIPTION DRUG CARD: Drugs and medicines prescribed in writing by a Physician and dispensed by a licensed pharmacist, up to a thirty (30) day supply or one hundred (100) unit dose, whichever is greater, (90 day supply for mail order) which are deemed necessary for treatment of an Illness or Injury, including insulin will be payable as shown in the Schedule of Benefits. Coverage for prescription drugs will be determined through the Prescription Drug Program elected by the Employer. Expenses for injectables not covered under the Prescription Drug Card ~ · under this Plan subject to any applicable Deductibles and Co-insurance. 13. DIABETIC SUPPLIES: Diabetic supplies for the treatment of diabetes. The following diabetic education and self-management programs: (a) alIPhysic~anprescribed medically appropriate and necessary equipment and supplies used in the management and treatment of diabetes; and (b) diabetes outpatient self-management training and education, including medical nutrition therapy that is provided by a certified, registered, or licensed health care professional working in a program consistent with the national standards of diabetes self- management education as established by the American Diabetes Association. Coverage is provided for individuals with gestational, Type I or Type II diabetes. 14. RADIATION AND X-RAY THERAPY: Radium, radioactive isotope therapy, chemotherapy and x-ray therapy treatment. 15. DURABLE IV~EDICAL EQUIPMENT: The rental of oxygen equipment, wheelchairs, walkers, special Hospital beds, iron lungs, and other Durable Medical Equipment which are prescribed by a Physician for the treatment of an Illness or Injury. RB785- Rev 1/1/01 When the extended use of any eligible rental equipmen. t is deemed necessary for the treatment of the patient, purchase of the equipment may be permitted. The total cost of rental and purchase will never exceed the purchase price of the equipment. ~ ~,[.[~A ~T'[M ~ NOV 78 2000 15 ~,, 16. 17. 18. 19. 20. 21. 22. 23. MEDICAL AND SURGICAL SUPPLIES: Casts, splints, trusses, braces, crutches, dressings, jobst garments and other Medically Necessary supplies ordered by a Physician. PROSTHETICS: Artificial limbs, eyes, or other prosthetic devices for replacement when necessary due To an lllness or Injury. Charges for the replacement will only be included as an eligible expense when required due to a pathological change or replacement is less expensive than repair of existing equipment, and does not include charges for repair or maintenance. Replacement due to normal wear and tear and deterioration is not considered eligible. SCALP HAIR PROSTHESIS: Purchase of a scalp hair prosthesis when necessitated by hair loss due to the medical condition known as alopecia areata, or as the result of hair loss due to radiation or chemotherapy for diagnosed cancer will be payable as shown in the Schedule of Benefits. DENTAL CARE: Dental services and x-rays rendered by Dentist or Dental Surgeon for: (a) the treatment of a fractured jaw, or accidental Injuries to sound natural teeth within ninety (90) days of the accident, including the replacement of sound natural teeth; (b) the surgical removal of impacted wisdom teeth; and (c) osseous surgery. Oral surgery procedures will be payable as shown in the Schedule of Benefits. General anesthesia and Hospital expenses for covered dental care when there is a serious underlying medical condition which exists otis necessary due to accidental Injury to sound natural teeth. COSMETIC SURGERY: Charges for Cosmetic Surgery or reconstructive surger;, will'be considered eligible under the following circumstances: (a) for the correction of congenital defects for a dependent child; and (b) any other Medically Necessary surgery related to an Illness or Injury. RECONSTRUCTIVE BREAST SURGERY: Charges for reconstructive breast surg~ fo owing _ mastectomy due to b~'east cancer will be eligible as follows: (a) reconstruction of the breast on which the mastectomy has been performed; (b) surgery and reconstruction of the other breast to produce symmetrical appearance: and (c) coverage for prostheses and physical complications of all stages of mastectomy, including lymphedemas. The manner in which breast reconstruction is performed will be determined in consultation with the attending Physician and the patient. CHIROPRACTIC CARE: Chiropractic treatment when related to the spine, muscles or joints, including x-rays and massage therapy will be payable as shown in the Schedule of Benefits. PRIVATE DUTY NURSING: Service of a registered nurse (R. N.) or a licensed practical nurse (L. P. N.) for private duty nursing as follows: Inpatient private duty nursing is covered only when care is Medically Necessary and not for Custodial Care, and the Hospital's Intensive Care Unit is filled or the Hospital has no Intensive Care Unit. Outpatient private duty nursing is covered only when Medically Necessary and will be payable under the Home Health Care benefit. RB7S5 - Rev 1/1/01 16 24. 25. 26. 27. 28. 29. MATERNITY: a. b. C. d e. Expenses incurred by an employee or a dependent spouse for: Pregnancy; Services provided by a Birthing Center; Amniocentesis testing; Ultrasounds; Elective induced abortions only when carrying the fetus to full term endanger the life of the mother. would seriously If complications arise after the performance of any abortion on a Covered Person, any expenses incurred to treat those complications will be eligible, whether the abortion was eligible or not. Hospital stays in connection with childbirth for either the mother or newborn may not be less than forty-eight (48) hours following a vaginal delivery or ninety-six (96) hours following a cesarean section. These requirements can only be waived by the attending Physician in consultation with the mother. The Covered Person or provider is not required to pre-certify the maternity admission, unless the stay extends past the applicable forty-eight (48) or ninety-six (96) hour stay. A Hospital stay begins at the time of delivery or for deliveries outside the Hospital, the time the newborn or mother is admitted to a Hospital following birth, in connection with childbirth. ROUTINE NEWBORN CARE: Routine newborn care, including Hospital nursery expenses and routine pediatric care while confined following birth will be considered as part of the newborn's expense. If the newborn is ill, suffers an Injury, or requires care other that," provided on the same basis as any other eligible expense. CIRCUMCISION' Circumcision procedures. STERILIZATION: Elective sterilization procedures. ',re .~,:~i*~ '.,ill he WELL CHILD CARE: Well child care up to age sixteen (16), including vaccinations and immunizations, routine office visits, developmental assessments, and related laboratory tests and x-rays will be payable as shown in the Schedule of Benefits. ROUTINE CARE: Routine care age sixteen (16) and over will be payable as shown in the Schedule of Benefits and will include the office visit and the following performed during an annual exam: Annual physical exams; Gynecological exams; Digital rectal exams for men starting at age forty (40); RB785- Rev 1/1/01 Lab work to include CBCD. HDLD (includes cholesterol), urinalysis, and comprehensive metabolic panel; Pap smears; i, "¢' '~ ! 'dt'V Z 8 2000 f. Annual mammograms: 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. g. EKG baseline at age forty (40) and repeated every ten (10) years after age fifty (50). SMA15, PSA for men annually, occult blood stool, repeated one year after screening, then every five (5) years; Vaccinations or inoculations. If a diagnosis is indicated after a routine exam, the exam will still be payable under the routine care benefit, however, all charges related to the diagnosis (except the initial exam) will be payable as any other Illness. PHYSICALTHERAPY' Physical therapy rendered by a physical therapist under the recommendation of a Physician. SPEECH THERAPY' Restorative or rehabilitative speech therapy necessary because of loss or impairment due to an Illness or Surgery. or therapy to correct a congenital defect. Speech therapy for developmental delay will not be considered eligible. ACUPUNCTURE: Acupuncture performed by a licensed provided will be payable as shown in the Schedule of Benefits. TEMPOROMANDIBULAR JOINT DYSFUNCTION (TMJ): Surgical and non-surgical treatment. of Temporomandibular Joint Dysfunction (TMJ) will be payable as shown in the Schedule of Benefits. MORBID OBESITY: Medically Necessary surgical and non-surgical treatment of Morbid Obesity. MENTAL/NERVOUS DISORDERS: Inpatient and outpatient treatment of Mental/Nervous Disorders will be payable as shown in the Schedule of Benefits. CHEMICAL DEPENDENCY: Inpatient and outpatient treatment of Chemical Dependency will be payable as shown in the Schedule of Benefits. SLEEP DISORDERS: Treatment of or related to sleep disorders. MASSAGE THERAPY OR ROLFING: Massage therapy or rolfing for a medical condition, only if services are performed by a licensed provider and will be payable as shown in the Schedule of Benefits. HEARING AIDS: Hearing aids for hearing loss as a result of an accident or Illness will be payable as shown in the Schedule of Benefits. PODIATRY: Treatment for the following foot conditions: (a) routine foot care; (b) weak, unstable or flat feet; (c) bunions, when an open cutting operation is performed; (d) non-routine treatment of corns or calluses; (e) toenails when at least part of the nail root is removed; (f) any surgical procedure required for a Medically Necessary foot condition; or (g) orthotics, including orthopedic shoes when an integral part of a leg brace. RB785- Rev 1/1/01 18 I ' AGE N~DA I~_EM - NOV , 8 2000 41. 42. 43. EXTENDED CARE FACILITY: Extended convalescent care provided in an Extended Care Facility will be payable as shown in the Schedule of Benefits. Extended convalescent care confinement means confinement in an Extended Care Fac:,lity, provided such confinement: (a) is under the recommendation and general supervision of a Physician; (b) begins within fourteen (14) days after discharge from required Hospital confinement of at least three (3) days in length for which room and board benefits are paid; (c) is for the purpose of receiving medical care necessary for convalescence from the conditions causing or contributing to the precedent Hospital confinement; and (d) is not for Custodial Care. HOME HEALTH CARE: Services provided by a Home Health Care Agency to a Covered Person in the home will be payable as shown in the Schedule of Benefits. The following are considered eligible home health care services: (a) home nursing care; (b) services of a home health aide or licensed practical nurse (L.P.N.), under the supervision of a registered nurse (R. N.); (c) physical', occupational or speech therapy if provided by the Home Health Care Agency; (d) medical supplies, drugs and medications prescribed by a Physician: and (e) laboratory services. For the purpose of determining the benefits for home health care available to a Covered Person, each visit by a member of a Home Health Care Agency shall be considered as one home health care visit and each four (4) hours of home health aide services shall be considered as one home health care visit. In no event will the services of a Close Relative, social worker, transportation services. housekeeping services, and meals, etc. be considered an eligible expense. HOSPICE CARE: Hospice care on either an Inpatient or outpatient basis Cot a termin- per~ ' q rendered under a Hospice treatment plan. Hospice care provided in th~ non-,,_ .... .~e ~,dyab~e as shown in the Schedule of Benefits. The Hospice treatment plan must certify that the person is terminally ill with a life expectancy of six (6) months or less. Covered services include: (a) room and board charges by the Hospice; (b) other Medically Necessary services and supplies; (c) nursing care by or under the supervision of a registered nurse (R.N.); (d) home health care services furnished in the patient's home by a Home Health Care Agency for the following: (1) health aide services consisting primarily of caring for the patient (excluding housekeeping, meals, etc.); and (2) physical and speech therapy; and (e) counseling services by a licensed social worker or a licensed pastoral counselor for the patient's immediate family. Counseling services received in connection with a terminal Illness as described above will not be considered to have been received due to a Mental/Nervous Disorder. The term "Patient's Immediate Family" as used herein means the patient's spouse, parents, and/or dependent children who are covered under the Plan. RB785- Rev 1/1/01 19 41¸ TRANSPLANTS: Services and supplies in connection with Medically Necessary non-Experimental transplant procedures, subject to the following conditions: A concurring opinion must be obtained prior to undergoing any transplant procedure. This mandatory opinion must concur with the attending Physician's findings regarding the Medical Necessity of such procedure. The Physician rendering this concurring opinion must be qualified to render such a service either through experience, specialist training, education, or such similar criteria, and must not be affiliated in any way with the Physician who will be performing the actual Surgery. If the donor is covered under this Plan, eligible medical expenses incurred by the donor will be considered eligible. Expenses for a donor not covered under this Plan will not be considered eligible. If the recipient is covered under this Plan, eligible medical expenses incurred by the recipient will be considered eligible. If both the donor and the recipient are covered under this Plan, eligible medical expenses incurred by each person will be treated separately for each person. The Usual and Customary fee of securing an organ from a cadaver or tissue bank. including the surgeon's charge for removal of the organ, and a Hospital's charge for storage or transportation of the organ, will be considered eligible. Transplant coverage is limited to those transplants that are medically recognized and are non- Experimental in nature. RB7S5- Rev 1/1/01 2O SUN EXCEL TRANSPLANT NETWORK SPECIAL TRANSPLANT PROGRAM In addition to the standard transplant benefit as stated under Eligible Expenses, the following benefits may be available when a Covered Person participates in this specialized transplant program. This special transplant program is an enhancement to the standard transplant benefit and participation in the program is optional. ADDITIONAL COVERED BENEFITS 1. Access to over forty (40) Centers of Excellence transplant facilities across the United States. Travel and lodging expenses incurred during the pre- and post-transplant phases (immediately prior to and after the transplant) will be reimbursed up to $5,000 for the recipient and significant other. Travel and lodging discounts are also available through preferred airlines and hotels. Waiver of recipient's Deductible and Out-of-Pocket Limit expenses, up to a maximum of $1,500. 4. A Transplant Coordinator to facilitate the entire process. The benefits above are only available when a recipient fully participates in the special Transplant Program and meets all the requirements and guidelines stated below: Pre-notification must be made by the recipient, the Physician or Contract Administrator as soon as the recipient is identified as a potential transplant cand be made to Strategic Health at 1-800-4ORGANS (or call the number on the back of the insurance identification card); 2. Pre-certification must be obtained from Managed Care 2000 at 1-800-226-6334; and All transplant services must be rendered at a Center of Excellence transplant facility in the Strategic Health Transplant Network. Failure to meet the above requirements may result in decreased Special Transplant Program benefits· GENERAL PROVISIONS Early pre-certification to Strategic Health Transplant Network must be made as soon as the recipient is identified as a potential transplant candidate. Once enrolled in the program, a Transplant Coordinator will be assigned and will facilitate the entire process from site selection to travel arrangements to prescription drug options. The Case Coordinator will contact the Contract Administrator for benefit information, as well as contact the recipient's referring Physician for additional information. Information on the program will be forwarded to the recipient and their Physician regarding participating facilities and other relevant information. The Transplant Coordinator will work with the recipient, the Physician, and the Contract Administrator to ensure quality and continuity of care throughout the process, pre-transplant to post-transplant, inclusive harvest. 21 RB785- Rev 1/1/01 DIABETES SUPPLY PROGRAM The Plan offers an exciting new diabetes supply program through Certified Diabetic Services, Inc. (CDS). This Diabetic Supply Program allows a Covered Person to, from the comfort of the Covered Person's home: · · · Get all diabetic supplies from one source (no extra trips to the pharmacy) Get a ninety (90) day supply Receive valuable educational material. Diabetic supplies provided through Certified Diabetic Services, Inc. will be payable the same as mail order prescriptions as shown in the Schedule of Benefits. A special toll-free number, (800) 441-8643, is available to make ordering supplies fast and simple. Each shipment will be shipped directly to your home and will contain a ninety (90) day supply. CDS will automatically ship supplies every three (3) months based on the Covered Person's eligibility verification at time of shipment. CDS also offers the services of a Certified Diabetes Counselor. MEDICAL EXPENSE AUDIT BONUS The Plan offers an incentive to all Covered Persons to encourage examination and self-auditing of eligible medical bills to ensure the amounts billed by any provider accurately reflect the services and supplies received by the Covered Person. The Covered Person is asked to review all medical charges and verify that each itemized service has been received and that the bill does not represent either an overcharge or a charge for services never received. This self-auditing procedure is strictly volunt~r),: however, it is to the advantage of the Plan as well as the Covered Person to avoid unnecessarypaym..4. he. care costs. In the event a self-audit results in elimination or reduction of charges, 50% of the amount eliminated or reduced will be paid directly to the employee (subject to a $10 minimum payment and a $500 maximum payment per Calendar Year), provided the savings are accurately documented, and satisfactory evidence of a reduction in charges is submitted to the Contract Administrator (e.g. a copy of the incorrect bill and a copy of the corrected billing). This self-audit credit is in addition to the payment of all other applicable plan benefits for legitimate medical expenses. This credit will not be payable for expenses in excess of the Usual and Customary Charges, expenses which are not covered under the F:,an, regardless of whether the charges are or are not reduced. RB785 - Rev 1/1/01 22 ALTERNATIVE BENEFITS In addition to the benefits specified, the Plan may elect to offer benefits for services furnished by any provider pursuant to a Plan-approved alternative treatment plan. in which case those charges incurred for services provided to a Covered Person under an alternate treatment plan to its end, will be more cost effective than those charges to be incurred for services to be provided under the current treatment plan to its end. The Plan shall provide such alternative benefits at its sole discretion and only when and for so long as it determines that alternative care services are Medically Necessary and cost effective. If the Plan elects to provide alternative benefits for a Covered Person in one instance, it shall not be obligated to provide the same or similar benefits for other Covered Persons under this Plan in any other instance, nor shall it be construed as a waiver of the Plan Administrator's rights to administer this Plan thereafter in strict accordance with its express terms. RB785- Rev 1/1/01 23 -- PRE-EXISTING CONDITION LIMITATION Expenses incurred in connection with a Pre-Existing Condition will not be considered eligible. A Pre- Existing Condition is defined as an Illness or Injury (whether physical or mental). regardless of cause. for which medical advice, diagnosis, care, or treatment was recommended or received during the six (6) consecutive month period prior to the individual's Enrollment Date of coverage under this Plan. Pre-Existing Conditions will be covered after the end of twelve (12) consecutive months (18 consecutive months for Late Enrollees) after the individual's Enrollment Date. The Pre-Existing Condition Limitation does not apply to: 1. Maternity benefits. A newborn child or newly adopted child if enrolled within thirty-one (31) days of the birth, adoption or placement with the employee for the purpose of adoption. Genetic information provided there has been no diagnosis of a condition related to the genetic information. 4. Prescription drugs purchased through the Prescription Drug Card program. An employee and/or dependent who was covered under a Qualified Health Plan which is replaced by this Plan, unless they have not satisfied the Pre-Existing Condition Limitation of the Qualified Health Plan in effect prior to the effective date of this Plan. If they have not satisfied the prior plan's Pre-Existing Conditions provision, credit will be given towards this Pre-Existing Condition Limitation for any time which has elapsed while they were covered by a Qualified Health Plan, provided there was not a break in coverane of sixty or more days. A certification of Creditable Coverage may be requn ~.,, ~o accu~ ~tety d=,=rmn,= Lne Pre-Existing Condition Limitation. The Plan must establish a procedure for Covered Persons to request and receive a certificate of Creditable Coverage. RB7S5- Rev 1/1/01 4 NOV 2 8 2000 COST MANAGEMENT SERVICES Cost Management Services Phone Number: Managed Care 2000 (800) 226-6334 The patient or family member or the patient's representative must call this number to receive certification of certain medical services. This call must be made at least forty-eight (48) hours in advance of services being rendered or within forty-eight (48) hours after emergency. Any reduced reimbursement due to failure to follow cost management procedures will not accrue toward the 100% maximum Out-of-Pocket Limit. UTILIZATION REVIEW Utilization review is a program designed to help ensure that all Covered Persons receive necessary and appropriate health care while avoiding unnecessary expenses. The program consists of: Pre-certification of the Medical Necessity for the following non-emergency services: hospitalization and outpatient surgical and specified diagnostic procedures before medical services are provided. Pre-certification is required for all Inpatient stays (including Inpatient rehabilitation and subacute care), medical observation admissions. dental procedures perfcrm6 in the Hospital, outpatient surgeries if they are performed in a Hospital or Ambulatory Surgical F~ .:ilib ..' d/or th~ operating room charge, and the following outpatient procedures: · Cardiac catheterization · Carpal Tunnel Release · Arthroscopy · Cataract Surgery · CT Scan · MRI · Septoplasty · Laparoscopy · Nuclide Study · Endoscopy* * Endoscopy is the examination of internal organs using an endoscope. The following endoscopy procedures need pre-certifying: Bronchoscopy; Colonoscopy; Cystoscopy; EGD; ERCP; Hysteroscopy; Laparoscopy; Mediastinoscopy; Thoracoscopy. Sigmoidoscopies do not require pre- certification. Retrospective review of the Medical Necessity of the listed procedures provided on an emergency basis; Concurrent review, based on the admitting diagnosis, of the listed procedures requested by the attending Physician; and RB7S5- Rev 1/1/01 Certification of the services and planning for discharge from a medical care facility or cessation of medical treatment. ~o~~ 25 The purpose of the program is to determine what is payable by the Plan. This program is not designed to be the practice of medicine or to be a substitute for the medical judgement of the attending Physician or other health care provider. If a particular course of treatment or medical service is not certified. it means that the Plan will not consider that course of treatment as appropriate for the maximum reimbursement under the Plan. In order to maximize Plan reimbursements, please read the following provisions carefully. HERE'S HOW THE PROGRAM WORKS PRE-CERTIFICATION. Before a Covered Person enters a medical care facility on a non-emergency basis or receives other listed medical services, the utilization review administrator will, in conjunction with the attending Physician, certify the care as appropriate for Plan reimbursement. A non-emergency stay in a medical facility is one that can be scheduled in advance. The utilization review program is set in motion by a telephone call from the Covered Person. Contact the utilization review administrator at Managed Care 2000 (800) 226-6334 at least forty-eight (48) hours before services are scheduled to be rendered with the following information: The name, social security number and date of birth of the patient and relationship to the Covered Employee · The name, social security number, address and telephone number of the Covered Employee · The name of the Employer and group number · The name, address and telephone number of the attendin,{.; .....,,sicily- The name, address and telephone number of the medical care facility, proposed date of admission, and proposed length of stay · The diagnosis and/or type of surgery · The proposed rendering of listed medical services If there is an emergency admission to the medical care facility, the patient, patient's family member, medical care facility or attending Physician must contact Managed Care 2000 within forty-eight (48) hours of the first business day after the admission. Hospital stays in connection with childbirth for either the mother or newborn may not be less than forty- e~ght (48) hours following a vaginal delivery or ninety-six (96) hours following a cesarean section. These requirements can only be waived by the attending Physician in consultation with the mother. The Covered Person or provider is not required to pre-certify the maternity admission, unless the stay extends past the applicable forty-eight (48) or ninety-six (96) hour stay. A Hospital stay begins at the time of delivery or for deliveries outside the Hospital, the time the newborn or mother is admitted to a Hospital following birth. in connection with childbirth. The utilization review administrator will determine the number of days of medical care facility confinement or use of other listed medical services authorized for payment. reduce reimbursement received from the Plan. 26 RB785 - Rev 1/1/01 Failure to follow this pr ~~ If the Covered Person does not receive authorization as explained in this section, the benefit payment will be reduced by 50%. CONCURRENT REVIEW, DISCHARGE PLANNING Concurrent review of a course of treatment and discharge planning from a medical care facility are pads of the utilization review program. The utilization review administrator will monitor the Covered Person's medical care facility stay or use of other medical services and coordinate with the attending Physician, medical care facility and/or Covered Person either the scheduled release or an extension of the medical care facility stay or extension or cessation of the use of other medical services. If the attending Physician feels that it is Medically Necessary for a Covered Person to receive additional services or to stay in the medical care facility for a greater length of time than has been pre-certified. the attending Physician must request the additional services or days. SECOND AND/OR THIRD SURGICAL OPINION PROGRAM Certain surgical procedures are performed either inappropriately or unnecessarily. In some cases, surgery is only one of several treatment options. In other cases, surgery will not help the condition. In order to prevent unnecessary or potentially harmful surgical treatments, the second and/or third opinion program fulfills the dual purpose of protecting the health of the Plan's Covered Persons and protecting the financial integrity of the Plan. Benefits will be provided for and are payable at 100% with no Deductible for a second (and third, i¢ necessary) opinion consultation to determine the Medical Necessity of an elective surgical procedure. An elective surgical procedure is one that can be scheduled in advance and is not an emergency or of a life-threatening nature. The patient may choose any board-certified specialist who is not an associate of the attending Physician and who is affiliated in the appropriate specialty. While any surgical treatment is allowed a second opinion, the following procedures are ones for which surgery is often performed when other treatments are available: · Appendectomy · Prostate Surgery · Bunionectomy · Salpingo-oophorectomy (removal · Cataract Surgery of tubes/ovaries) · Cholecystectomy (gall bladder removal) · Spinal Surgery · Deviated Septurn (nose surgery) · Surgery to Knee, Shoulder, Elbow, or · Dilation & Curettage Toe · Hemorrhoidectomy · Tonsillectomy and Adenoidectomy · Hernia Surgery · Tympanotomy (inner ear) · Hysterectomy · Varicose Vein Ligation · Mastectomy Surgery RB785- Rev 1/1/01 27 NOV 2000 PRE-ADMISSION TESTING SERVICE Diagnostic lab tests and x-ray exams will be payable at 100% with no Deductible when: 1. Performed on an outpatient basis within seven (7) days before a Hospital confinement: 2. Related to the condition which causes the confinement; and 3. Performed in place of tests while Hospital confined. Covered charges for this testing will be payable even if the tests show the condition requires medical treatment prior to Hospital confinement or the Hospital confinement is not required. CASE MANAGEMENT When a catastrophic condition, such as a spinal cord injury, cancer, AIDS or a premature birth occurs. a person may require long-term, perhaps lifetime care. After the patient's condition is diagnosed, the patient might need extensive services or might be able to be moved into another type of care setting, even to the patient's home. Case Management is a program whereby a Case Manager monitors these patients and explores, discusses and recommends coordinated and/or alternate types of appropriate medical care. The case manager consults with the patient, family and the attending Physician in order to develop a plan of care for approval by the patient's attending Physician and the patient. This plan of care may include some or all of the following: 1. Personal support to the patient; 2. Contacting the family to offer assistance and support; 3. Monitoring Hospital or Extended Care Facility care or home health care; 4. Determine alternative care options; and 5. Assisting in obtaining any necessary equipment and services. Case Management occurs when this alternate benefit will be beneficial to both the patient and the Plan. The Case Manager will coordinate and implement the case management program by providing guidance and information on available resources and suggesting the most appropriate treatment plan. The Plan Administrator, attending Physician, patient and patient's family must all agree to the alternate treatment plan. Once agreement has been reached, the Plan Administrator will direct the Plan to reimburse for Medically Necessary expenses as stated in the treatment plan, even if these expenses normally would not be paid by the Plan. NOTE: Case Management is a voluntary service. Ther:e are no reductions of benefits or penalties if the patient and family chose not to participate. Each treatment plan is individually tailored to a specific patient and should not be seen as appropriate or recommended for any other patient, even one with the same diagno~A~;E,~./i,~ ov ooo RB7 5 2S DISEASE MANAGEMENT As a care and cost management service similar to Case Management. this voluntary program is focused on education and empowerment through individual teaching of proactive health management skills and provisions of supplies and services specific to the chronic disease state by appropriate resources and through support to encourage compliance and use of learned skills. The purpose of Disease Management is to identify patients and groups at risk for high dollar cumulative claims, based on specific disease and treatment patterns, and then follow the patient through a proactive disease management and disease prevention program to increase patient compliance, self-management and disease knowledge. The goal of Disease Management is to foster increased patient compliance through education, "buy-in", partnership, and empowerment, leading to overall higher levels of functioning by, and quality of life for, patients with chronic and/or those who are at "high risk". ORGAN TRANSPLANT PROGRAM Managed Care 2000 provides access to two (2) of the nations largest Centers of Excellence Transplant Networks. Access to these networks may be in addition to any transplant facilities already provided under the Plan. The following is a list of eligible transplant procedures offered through Managed Care 2000: · Bone Marrow · Stem Cell · Heart · Lung · Heart/Lung · Liver · Kidney · Pancreas · Kidney/Pancreas Cornea transplants or any transplants not eligible for the enhanced benefits under the Organ Transplant Network Facility, but may be considered under the regular Plan of benefits. Non-human'transplants will not be considered eligible. Requirements for Participation 1. Pre-certification through Managed Care 2000. 2. The Employer must sign a Letter of Agreement. The Employer must not have an exclusive arrangement with a transplant network that would prevent participation in this program. 4. The Plan must provide at least $500,000 in major medical lifetime transplant coverage. The Plan must not require Co-pays, Co-insurance and Deductibles from the Covered Person for more than a combined total of S10,000 for transplant services during a twelve (12) month period. The Plan must cover up to at least S5.000 in travel and lodging benefits for the patient and one companion (2 if the patient is a minor) when using a Center of Excellence provider. r: ~6~;~^ .~T[~ RB785- Rev 1tl/01 EXCLUSIONS AND LIMITATIONS No payment will be made under any portion of this Plan for expenses incurred by a Covered Person for: Expenses incurred prior to the effective date of coverage, or after the termination date of coverage. Expenses for or in connection with any Injury or Illness which arises out of or in the course of any occupation for which the Covered Person would be entitled to compensation under any Worker's Compensation Law or occupational disease law or similar legislation. Expenses for Injuries or Illness which were eligible for payment under Worker's Compensation or similar law and have reached the maximum reimbursement paid under Worker's Compensation or similar law will not be eligible for payment under this Plan. Expenses for the treatment of Illness or Injury resulting from war or any act of war, whether declared or undeclared, or while in the armed forces of any country or international organization. Expenses for treatment for which the Covered Person is also eligible for benefits under any other group insurance or service plan through any employer (see Coordination of Benefits section); or the medical payment or personal Injury sections of automobile, casualty or liability insurance regardless of whether such policy is owned by the Covered Person or some other party (see Subrogation section). Expenses for services which are furnished under conditions which the Covered Person has no legal obligation to pay. This exclusion will not apply to eligible expenses which may be covered by state Medicaid coverage where federal law requ';res this Employer's plan to be primary Expenses by a Hospital or covered residential treatment center if hospitalization is not recommended or approved by a legally qualified Physician. Expenses for services and supplies which are provided by any governmental agency for which the Covered Person is not liable for payment. In the case of a state-sponsored medical assistance program, benefits payable under this Plan will be primary. Benefits payable under this Plan will also be primary for any Covered Person eligible under TRICARE (the government sponsored program for military dependents). Expenses for treatment at a facility owned or operated by the government, unless the Covered Person is legally obligated to pay. This does not apply to covered expenses rendered by a Hospital owned or operated by the United States Veteran's Administration when services are provided to a Covered Person for a non-service related Illness or Injury. Expenses for services and supplies which are not prescribed or performed by or under the direction of a Physician. 10. Expenses for services or supplies which are not medically recognized or are Experimental in nature. 11. 12. RB785 - Rev 1/1/01 Expenses for Custodial Care. except as specified under Home Health Care and Hospice Care. Expenses for services, care or supplies provided by a Close Relative. 3o N 0 V 13. 14. 15 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Expenses in excess of the Usual or Customary Charge. Expenses which are determined not to be Medically Necessary. Expenses for medical expenses if the Covered Person leaves the United States. the U.S. Territories, or Canada for the express purpose of receiving medical treatment. tf the patient becomes sick or injured while out of the United States, the U.S. Territories. or Canada no benefits will be paid after one hundred twenty (120) days. This time limit will not be applied if the Covered Person is out of the country for business or as a part-time or full-time student. Expenses for or in connection with an Injury or Illness arising out of the commission of a felony or an illegal occupation. Expenses incurred in connection with dental care, treatment, x-rays, general anesthesia or Hospital expenses, except as specified under Eligible Expenses. Expenses for vision care, including routine eye exams, professional services for the fitting and/or supply of lenses, frames, contact lenses and other fabricated optical devices; or~hoptics: vision therapy and supplies. However. benefits will be provided for the necessary initial placement of a pair of eyeglasses, contact lenses or an intraocular lens following a surgical procedure to the eye. Expenses for radial keratotomy or any surgical procedure to correct refractive errors of the eye. Expenses for routine hearing examinations and hearing aids, including the fitting thereof. except as specified under Eligible Expenses. Expenses for Cosmetic Surgery, except as specified under Eligib!,, F ¢p .- Expenses for medical and surgical expenses related to prophylactic mastectomy for a non- diseased breast; treatment of gynecomastia; prophylactic mastectomy in lieu of breast reduction on non-diseased breast following mastectomy of diseased breast. Expenses for the reversal of elective sterilization. Expenses for confinement, treatment, testing or service related to infertility (the inability to conceive) or the promotion of conception. Expenses for maternity expenses incurred by a dependent other than an employee's spouse. Expenses in connection with sex transformation. Expenses for contraceptive procedures and devices, including but not limited to, oral contraceptives and the placement or removal of a contraceptive device, except as specified under Eligible Expenses. Expenses related to elective abortions, except as specified under Eligible Expenses. Expenses for religious, marital, family or relationship counseling, except as specified ~J']dar Hosnin.~ [' AGE ~{).~ ITE/M/ Care. I ,o.~// ! NOV 28 2000 31. Expenses for services, supplies or drugs related to sexual dysfunction not related to organic disease: sex therapy. 32. Expenses for occupational therapy and supplies. 33. Expenses in connection with the treatment of developmental delays, including, but not limited to speech therapy, occupational therapy, physical therapy and any related diagnostic testing. 34. Expenses for recreational and educational therapy; vocational testing or training; learning disabilities; behavior modification therapy; any form of non-medical self-care or self-help training, including any related diagnostic testing; music therapy; health club memberships; aquatic or pool therapies. Diabetic education is considered eligible as specified under Eligible Expenses. 35. Expenses for hypnotherapy 36. Expenses for smoking cessation programs, including smoking deterrents. 37. Expenses for weight loss programs or treatment of obesity, except for Morbid Obesity as specified under Eligible Expenses. 38. Expenses for appliances, medical or surgical treatment for correction of a realocclusion or protrusion or recession of the mandible; maxillary or mandibular hyperplasia, or maxillary or mandibular hypoplasia. (Malocclusion - teeth do not fit together properly, bite problem; mandible protrusion or recession: underbite, chin excessively large or overbite, chin abnormally small: maxillary/mandibular hyperplasia: overbite due to excess growth of upper/lower jaw; maxillary/mandibular hypoplasia: undergrowth of upper/lower jaw). 39. Expenses for personal hygiene and convenience items. 40. Expenses for repair or maintenance of Durable Medical Equipment. Expenses for the rental or purchase of any type of air conditioner, air purifier, or any other device or appliance, except as specified under Eligible Expenses. 41. Expenses for any over-the-counter medication. Expenses for drugs and medicines not requiring a prescription by a licensed Physician and not dispensed by a licensed pharmacist. 42. Expenses for detoxification, unless followed by an Inpatient stay in a Hospital or a residential chemical dependency treatment facility or an outpatient treatment program within fourteen (14) days of the receipt of the detoxification services. 43. Expenses for chemical dependency evaluations, unless followed by an Inpatient stay in a Hospital or a residential chemical dependency treatment facility, or an outpatient treatment program within fourteen (14) days of the receipt of the evaluation. 44. Expenses for naturopathic and homeopathic treatments, services and supplies. 45. 46. RB7S5 - Rev 1/1101 Expenses for genetic testing or genetic counseling, e. xcept amniocentesis testing as specified under Eligible Expenses. Expenses for cognitive therapy and kinetic therapy. ~Z~.. 47. Expenses for nutritional supplements: special infant formulas; or other enteral supplementation received in other than an Inpatient Hospice environment. 48. Expenses for maintenance therapy of any type when the individual has reached the maximum level of improvement. 49. Expenses in connection with Phase III cardiac rehabilitation, including, but not limited to occupational therapy or work hardening programs. 50. Expenses for services related to gambling addiction'. 51. Expenses for chelation therapy, unless due to heavy metal poisoning. 52. Expenses for care, services or treatment required as a result of complications from a treatment not covered under the Plan, except as specified under Eligible Expenses. 53. Expenses for Injury or Illness arising out of attempted suicide or an intentional self-inflicted Injury, whether sane or insane. 54. Expenses for mailing and/or shipping and handling expenses. 55. Expenses for broken appointments or telephone calls. 56. Expenses for travel of a Physician or Covered Person, except as specified under Eligible Expenses. 57. Expenses for sales tax. 58. Expenses for eiective Idospital admissions on Friday, Saturday or Sunday. 59. Expenses for penile prosthetic implants. 60. Expenses for insertion or maintenance of an artificial heart. 61. Expenses for treatment of or related to an overdose of dru9 or medication. 62. Expenses for adoption or surrogate services. 63. Expenses for biofeedback. 64. Expenses for bereavement counseling. RB785- Rev 1/1/01 33 AGENOA IIEM , NOV 28 2000 I TERMINATION OF BENEFITS An employee's or dependent's coverage shall terminate at the earliest time indicated below: In the event the employee fails to make any required contributions when due, benefits shall automatically terminate at the end of the period for which the contribution was made; Upon termination of employment, benefits will cease on the last day of the month in which the employee terminated. Cessation of active work by an employee shall be deemed termination of employment, except as follows: In the event an employee is absent on account of Illness or Injury, employment shall be deemed to continue for the purpose of benefits hereunder until the date contributions received from the Employer for such employee's benefits are discontinued; An employee who retires and qualifies as a retiree of Collier County Government (qualifying retirees must meet the requirement of Florida Statute 112.0801). Eligibility for Medicaid or the recipient of Medicaid benefits will not be taken into account in determining eligibility. This extension also applies to the retiree's dependents. Once the retiree becomes eligible for Medicare, this Plan will pay secondary to Medicare. Should the retiree die, the spouse may remain on the Plan until the date the spouse becomes eligible for Medicare; or The benefits of an employee who is temporarily laid-off or granted leave of absence may be continued. but not beyond the end of the leave of absence or lay-off. The leave of absence or lay-off may not exceed six (6) months; The date the employee or dependent ceases to be eligible for coverage or ceases to be in a class eligible for coverage; 4. When maximum benefits of this Plan have been exhausted; 5. The date the dependent becomes an Eligible Employee: When the employee or dependent enters the military service on a full-time active duty basis other than scheduled drills or other training not exceeding one month in any Calendar Year; or 7. The date the Plan is terminated. FAMILY AND MEDICAL LEAVE ACT (FMLA) An eligible employee is entitled to a maximum of twelve (12) weeks of unpaid leave in any twelve (12) month period for reasons that qualify under FMLA. An employee may choose not to retain health coverage during the FMLA leave. However, when an employee returns from leave, the employee is entitled to have coverage reinstated on the same basis as it would have been if the leave had not been taken. (Coverage will be reinstated without any additional qualification requirements imposed by the Plan. The Plan's provisions with respect to Pre-Existing Conditions, Deductibles and Co-insurance amounts will apply On the same basis as they did prior to the FMLA leave.) r'-- AO[.~DA ZT['~---~ UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERIRA) If an individual was covered under this Plan immediately prior to being called to active duty by any of the armed forces of the United States of America. coverage may continue for up to eighteen (18) months or the period of uniformed service leave, whichever is shortest. if the individual pays any required contributions toward the cost of coverage during the leave. If the leave is less than thirty (30) days, the contribution rate will be the same as for active employees. If the leave is longer than thirty (30) days, the required contribution will not exceed 102% of the cost of coverage. Whether or not the individual elects continuation coverage under the Uniformed Services Employment and Reemployment Rights Act (USERRA), coverage will be reinstated on the first day the individual returns to active employment with the Employer if released under honorable conditions and the individual returns to employment: (a) on the first full business day following completion of the military service for a leave of thirty (30) days or less; or (b) within fourteen (14) days of completing military service for a leave of thirty-one (31) to one hundred eighty (180) days; or (c) within ninety (90) days of completing military service for a leave of more than one hundred eighty (180) days ( a reasonable amount of travel time or recovery time for an Illness or Injury determined by the VA to be service connected will be allowed). When coverage under this Plan is reinstated. all provisions and limitation in this Plan will apply to the extent that they would have applied if the military leave had not been taken and coverage had been continuous under this Plan. The eligibility waiting period will be waived and the pre-existing condition limitation will be credited as if you had been continuously covered under this Plan from the original effective date. (This waiver of limitations does not provide coverage for any Illness or Injury caused or aggravated by the military service, as determined by the VA. For complete information regarding' the rights under USERRA contact the Employer.) RB785 - Rev 1/1/01 35 CONTINUATION OF BENEFITS (COBRA) A Covered Person whose coverage has been terminated for any Qualifying Event enumerated below has the right to continue coverage for all benefits of this Plan if covered for such benefits on the day immediately preceding the termination date. A child born or placed for adoption with a Covered Employee during the continuation period will also be eligible for continuation of benefits. The time period for which .the. continuation is available is indicated below in conjunction with the corresponding Qualifying Event. '. If COBRA is elected, coverage will continue as though termination of employment or loss of eligible status had not occurred. Any accumulation of deductibles or benefits paid prior to termination or loss of eligibility, which had been credited toward any deductible or maximum benefit of this Plan, will be retained. COBRA may not be denied to an individual who had coverage under another group health plan or Medicare prior to a Qualifying Event. Also, no new or additional waiting periods or pre-existing condition limitation requirements will apply. If any changes are made to the coverage for employees actively-at-work, the coverage provided to the individuals under this continuation provision will be similarly changed. QUALIFYING EVENTS An eighteen (18) month continuation is available to employees and/or dependents in the event of any one or both of the following Qualifying Events: 1. An employee's termination of employment for any reason except gross m .....*duct; 2. An emptoyee's loss of eligibility to participate due to reduced work hours. tn the event an employee and/or dependent has both qualifying events happen, the total length of the continuation will not exceed eighteen (18) months. A twenty-nine (29) month continuation shall be available to all covered family members in the event a Covered Person is disabled on or before the date of the employee's Qualifying Event, or is disabled during the first .sixty (60) days of the COBRA continuation. The Covered Person must provide the Plan Administrator with notice of the disability within sixty (60) days of the determination of the disability and before the end of the original eighteen (18) month COBRA coverage period. The Covered Person must notify the Plan Administrator of a determination by Social Security that the individual is no longer disabled within thirty (30) days of such determination. A Covered Person will be determined disabled per Social Security guidelines. A thirty-six (36) month continuation shall be available to a dependent spouse and/or child in the event of any one of the following Qualifying Events: An employee's death; Divorce or legal separation from the employee; RB785 - Rev 1/1/01 36 No. NOV'2 8 2000 _ dependent child's loss of eligibility to participate: A dependent's loss of eligibility to participate in this Plan due to the employee becoming entitled to Medicare benefits as a result a disability or choosing Medicare in place of this Plan at age sixty-five (65). Individuals may be covered under multiple Qualifying Events, but in no case will coverage be continued for more than thirty-six (36) months. A continuation may also be available to a retiree or the dependent of a retiree in the event of the Employer's filing of a bankruptcy proceeding under Title 11 of United States Code (considered a Qualifying Event). Please see the COBRA administrator for further details regarding this continuation. NOTICE OF CONTINUATION A Covered Person has sixty (60) days from the date of loss of coverage as a result of a Qualifying Event or sixty (60) days from the date the Plan Administrator notifies the Covered Person of their rights~ whichever is longer, to elect coverage. The Plan Administrator will also notify the Covered Person of the cost of the continuation. (Payment of premium for the period from the date of loss of coverage to election of continuation is not required until the forty-fifth (45th) day after the election). All payments for coverage after the date of election are subject to a thirty (30) day grace period. If a Covered Person waives coverage under COBRA, and later re-elects coverage within the sixty (60) days, the Covered Person will be eligible to continue coverage under COBRA. However, coverag.e will not begin until the date of the revocation of the waiver. The Covered Person is required to notify the Plan Administrator within sixty (60) days of any Qualifying Event which affects the eligibility of a dependent. TERMINATION OF CONTINUATION OF COVERAGE Continuation of Coverage shall not be provided beyond whichever of the following dates is first to occur: 1. The date the maximum continuation period expires for the corresponding Qualifying Event; 2. The date this Plan is terminated; 3. The date the individual fails to make the required contribution to continue coverage; The date the individual becomes covered under any other group health plan after the date of COBRA election which does not contain any exclusion or limitation with respect to any pre-existing condition; The date the individual has satisfied the pre-existing condition limitation of the group health plan the individual has become covered under after the date of COBRA election; 6. The date the individual becomes entitled to Medicare benefits after the date of COBRA election; or RB785 - Rev 1/1/01 In the month that begins more than thirty (30) days after a final determination has been made that an individual is no longer disabled. COORDINATION OF BENEFITS If a Covered Person is covered under more than one group plan as defined below, including this Plan benefits will be coordinated. The benefits payable under this Plan for any Claim Determination Period. will be either its regular benefits or reduced benefits which, when added to the benefits of the other plan. may equal 100% of the Allowable Expenses defined below. DEFINITIONS Allowable Expenses: Any Medically Necessary, Usual and Customary item of expense incurred by a Covered Person which is covered at least in part under this Plan. Claim Determination Period: A Calendar or Plan Year or that portion of a Calendar or Plan Year during which the Covered Person for whom claim is made has been covered under this Plan. Plan: Any plan under which benefits or services are provided by: 1. Group, blanket or franchise insurance coverage; Any group Hospital service prepayment, group medical service prepayment, group practice or other group prepayment coverage; Group coverage under labor-management trusteed plans, union welfare plans, Employer organization plans or employee benefits plans; Coverage under Medicare and any other governmental program that the Covered Person is liable for payment, except state-sponsored medical assistance programs and TRICARE, in which case this Plan pays primary; 5. Coverage provided through a school or other educational institution; 6. Coverage under any Health Maintenance Organization (HMO); or Coverage provided by no-fault auto insurance, by whatever name it is called, when not prohibited by law. When medical payments are available under vehicle insurance, the Plan shall pay excess benefits only, without reimbursement for vehicle plan deductibles. This Plan shall always be considered the secondary carrier regardless of the individual's election under PIP (personal injury protection) coverage with the auto carrier. ORDER OF BENEFIT DETERMINATION When a claim is made, the primary plan pays its benefits without regard to any other plans. The secondary plan adjusts its benefits so that the total benefits paid by both plans will not exceed 100% of the Allowable Expenses. Neither plan pays more than it would without the Coordination of Benefits provision. RB785- Rev 1/1/01 38 A plan without a Coordination of Benefits provision is always the primary plan. If all plans have a Coordination of Benefits provision: The plan covering the person directly, rather than as an employee's dependent. is primary and the other plans are secondary. Dependent children of parents not separated or divorced, or unmarried parents living together: the plan covering the parent whose birthday falls earlier in the year pays first. The plan covering the parent whose birthday falls later in the year pays second. However, if the other plan does not have this rule but instead has a rule based upon the gender of the parent, and if, as a result, the plans do not agree on the order of benefits, the rule in the other plan will determine the order of benefits. Dependent children of separated or divorced parents, or unmarried parent not living together: When parents are separated or divorced or unmarried and not living together, neither the male/female nor the birthday rules apply. Instead: a. The plan of the parent with custody pays first; b. The plan of the spouse of the parent with custody (the step-parent) pays next; c. The plan of the parent without custody pays next; and d. The plan of the spouse of the non-custodial parent pays last. However, if specific terms of a court decree state that one of the parents is responsible for the child's health care expenses, and the insurer or other entity obliged to pay or provide ' : hoqcfits of that parent's plan has actual knowledge of those terms, that plan payb fir Active/Laid-Off or Retired Employees: The plan which covers that person as an active employee (or as that employee's dependent) determines its benefits before the Plan which covers that person as a laid-off or retired employee (or as that employee's dependent). If the Plan which covers that person has not adopted this rule, and if, as a result, the Plans do not agree on the order of benefits, this rule (4) will not apply. If a person whose coverage is provided under a right of continuation pursuant to state or federal law (i.e. COBRA) is also covered under another plan, the plan covering the person as an employee, member, subscriber, or retiree (or as that person's dependent) is primary and the continuation coverage is secondary. If the other plan does not have this rule, and if, as a result, the plans do not agree on the order of benefits, this rule (5) is ignored. If none of the above rules determines the order of benefits, the plan covering a person longer pays first. The plan covering that person for the shorter time pays second. Coordination of Benefits may operate to reduce the total amount of benefits otherwise payable during any Claim Determination Period with respect to a Covered Person under this Plan. When the benefits of this Plan are reduced, each benefit is reduced proportionately. The reduced amount is then charged against any applicable benefit limit of this Plan. 39 RB785- Rev 1/1/01 2000 / When a Plan provides benefits in the form of services rather than cash payments, the reasonable cash value of each service rendered will be considered to be both an Allowable Expense and a benefit paid, RECOVERY If the amount of the payment made by this Plan is more than it should have been, the Contract Administrator on behalf of the Plan, has the right to recover the excess from one or more of the following: 1. The person this Plan has paid or for whom it has paid; 2. Providers of care; 3. Insurance companies;or 4. Other organizations. PAYMENT TO OTHER CARRIERS Whenever payments, which should have been made under this Plan in accordance with the above provisions, have been made: this Plan will have the right to pay any organization making those payments any amounts it determines to be warranted in order to satisfy the intent of the above provisions. Amounts paid in this manner will be considered to be benefits paid under this Plan and, to the extent of these payments, this Plan will be fully discharged from liability.. RB785 - Rev 1/1/01 4O 2000 EFFECT OF MEDICARE In accordance with Federal Medicare regulations the following is a brief explanation of the Medicare guidelines, not to be considered all inclusive. 1. Working Aged Benefits Employers with 20 or more Employees.' This Plan will be primary when an active employee or spouse is age sixty-five (65) and over. The employee must decline coverage under this Plan in order to have Medicare pay primary. 2. Disabled Employees/Spouses Employers with 100 or more Employees.' This Plan will be primary when an active employee or dependent is disabled and covered by Medicare. 3. Disability Due to End Staqe Renal Disease (ESRD) For employees or dependents under age sixty-five (65), if Medicare eligibility is due solely to End Stage Renal Disease (ESRD), the Plan will be primary only during the first thirty (30) months of Medicare coverage. Thereafter, the Plan will be secondary with respect to Medicare coverage. If an employee or dependent is under age sixty-five (65) when Medicare eligibility is due sok. y to ESRD, and the individual attains age sixty-five (65), the Plan will be primary for a full thirty (30) months (or 33 months, depending upon whether a transplant or self-dialysis is inw .,e" ¢rom the date of ESRD eligibility. Thereafter, Medicare will be primary and the PI,. ,viii be secondary. If an employee or dependent is age sixty-five (65) and over, working and develops or is undergoing treatment for ESRD, the Plan will be primary for a full thirty (30) months (or 33 months from the date of ESRD eligibility). Thereafter, Medicare will be primary and the Plan will be secondary. Covered Persons should be certain to enroll in Medicare Part A & B coverage in a timely manner to assure maximum coverage. Contact the Social Security Administration office to enroll for Medicare. If this Plan is secondary, benefits under this Plan will be coordinated with the dollar arno, ,nt that Medicare will pay, subject to the rules and regulations specified by federal law. A Coy, 'ed I',.... ~ ~. ~s eligible for Medicare will be considered to be covered for all benefits available under Medicare (Part A and Part B), regardless of whether or not the person has actually a,Dplied for Medicare coverage. RB785 - Rev 1/1,/01 41 SUBROGATION AND REIMBURSEMENT As a condition in and receiving benefits under this Plan, Covered Persons agree: To reimburse the Plan for any such benefits paid or payable to, or on behalf of, the Covered Person when said benefits are recovered, in any form, regardless of how classified or characterized, from any person, corporation, entity, no-fault carrier, uninsured motorist carrier, underinsured motorist carrier, other insurance policies for funds; and To refrain from releasing any party, person, corporation, entity, insurance company, insurance policies or funds that may be liable for or obligated to the Covered Person for the Injury or condition without obtaining the Plan's written approval; and Without limiting the preceding, to subrogate the Plan to any and all claims, causes of action or rights that they have or that may arise against any person, corporation and/or other entity and to any coverage, no-fault coverage, uninsured motorist coverage, underinsured motorist coverage, other insurance policies or funds ("Coverage") for which the Covered Person claims an entitlement to benefits under this Plan, regardless of how classified or characterized. In the event a Covered Person settles, recovers or is reimbursed by any third party or Coverage, the Covered Person agrees to hold any such funds received in trust for the benefit of the Plan, and to reimburse the Plan for all benefits paid or that will be paid as a result of said Injury or condition. The Covered Person acknowledges that the Plan's subrogation rights shall be considered a first priority claim and shall be paid before any other claims for the Covered Person as the result of the Illness or Injury, regardless of whether the Covered Person is made whole. If the Covered Person fails to reimburse the Plan for all benefits paid or to be paid, as a result of said Injury or condition, out of any recovery or reimbursement received, the Covered Person will be liable for any and all expenses (whether fees or costs) associated with the Plan's attempt to recover such money from the Covered Person. The Covered Person shall execute and return a Subrogation Agreement to the I---,,~ .... ,., .... shall supply other reasonable information and assistance as requested by the Plan Administrator regarding the claim or potential claim. If the Subrogation Agreement is not executed and returned or if information and assistance is not provided to the Plan Administrator upon request, no benefits will be payable under the Plan with respect to costs incurred in connection with such Illness or Injury. If the Covered Person (or guardian or estate) decides to pursue a third party or any Coverage available to them as a result of the said Injury or condition, the Covered Person agrees to include the Plan's subrogation claim in that action and if there is failure to do so the Plan will be legally presumed to be included in such action or recovery. In the event the Covered Person decides not to pursue any and all third parties or Coverage the Covered Person authorizes the Plan to pursue, sue, compromise or settle any such claims in their name, to execute any and all documents necessary to pursue said claims in their name, and agrees to fully cooperate with the Plan in the prosecution of any such claims. The Covered Person (or guardia. n or estate) agrees to take no prejudicial actions against the subrogation rights of the Plan or to in any way impede the action taken by the Plan to recover its subrogation claim. Such cooperation shall include a duty to provide information, execute and deliver any acknowledgment and · other legal instruments documenting the Plan's subrogation rights and take such action as requested by the Plan to secure the subrogation rights of the Plan. The Plan will not pay or be responsible, without its written consent, for any fees or costs associated with a Covered Person pursuing a claim against any Coverage or third party. The Plan Administrator retains sole and final discretion for interpreting the terms and conditions of the Plan document. The Plan Administrator may amend the Plan in its sole discretion at anytime without notice. This right of subrogation and reimbursement shall bind the Covered Person's guardian(s), estate, executor, perso?a! .... representative, and heir(s). R8785- Rev 1/1/01 42 NOV :Z 8 2000 RIGHTS OF RECOVERY In the event of any overpayment of benefits by this Plan, the Plan will have the right to recover the overpayment. If a Covered Person is paid a benefit greater than allowed in accordance with the provisions of this Plan, the Covered Person will be requested to refund the overpayment. If payment is made on behalf of a Covered Person to a Hospital, Physician or other provider of health care, and that payment is found to be an overpayment, the Plan will request a refund of the overpayment from the provider first. If the provider does not honor the Plan's request for a refund, the Plan will then request the overpayment from the Covered Person. If the refund is not received from the provider or Covered Person, the amount of the overpayment will be deducted from future benefits. RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION For the purposes of implementing the terms of this Plan, the Contract Administrator retains the right to request any medical information from any insurance company or provider of service it deems necessary to properly process a claim. The Contract Administrator may without consent of the Covered Person, release or obtain any information it deems necessary. Any person claiming benefits under this Plan shall furnish to the Contract Administrator such information as may be necessary to implement this provision. RB785- Rev 1/1/01 43 GENERAL PROVISIONS NOTICE OF CLAIM Written notice of a claim and all information needed to process the claim must be given to the Contract Administrator as soon as reasonably possible and in no event, later than one year from the date such claim is incurred. RECORDS For the purposes of claims administration, each Covered Person authorizes and directs any provider that has attended, examined, or treated them to furnish to the Contract Administrator, at any time upon its request, any and all information, records or copies of records relating to the attendance, examination or treatment rendered to the Covered Person; and the Contract Administrator agrees that such information and records will be considered confidential. Further, any charges imposed relative to the acquisition of such information will be absorbed by the Covered Person, except as specified in the Schedule of Benefits. TIMELY PAYMENT OF CLAIMS Amounts payable under this Plan for any loss other than loss for which the Plan provides any periodic payment will be paid within a reasonable period of time after receipt of due written proof of loss. Subject to due written proof of loss, all accrued indemnities for loss for which this Plan provided periodic payment will be paid within a reasonable period of time after receipt of due written proof. RIGHT OF REVIEW AND APPEAL If a claim is partly or totally denied, the Contract'Administrator will furnish notice to the Covered Person within sixty (60) days. The notice will specify the reason of the denial or describe the additional information required to process the claim. Written denial will include: 1. Specific reasons for denial with reference to the Plan Document section(s); 2. A description and need for any other material pertinent to the claim; and 3. An explanation of this Plan's review procedure. If a claim is not processed within sixty (60) days of receipt by the Contract Administro+,',r a C~' Person may proceed to the review procedure, as if the claim has been denied. If a claim is partly or totally denied, the Covered Person may appeal the denial by making a written request directed to the Contract Administrator within sixty (60) days after the denial is received. A Covered Person has the right to (1) review this Plan and other pertinent documents, (2) argue against the denial in writing, and (3) have a representative act on behalf of the Covered Person in the appeal. Within sixty (60) days of receipt of written request by the Covered Person after notice of denial, the Plan Administrator will review the claim in question and give a-final written decision on the review. If the claim is denied again, it shall include specific reasons for denial, written in a manner understandable to the Covered Person, and will contain specific reference to the pertinent Plan decision was based. ~ ~o.~ RB785-Rev 1/1/01 44 Ii NOV 2 8 2000 .... A Covered Person must follow the "Right of Review and Appeal" procedures listed above before initiating any legal actions. This is the Covered Person's exhaustion of administrative remedies. PLAN INTERPRETATION All decisions concerning the interpretation or the application of this Plan and its terms, shall be at the discretion of the Plan Administrator. PERIODIC REPORT Within one month following the date of any change ~n the group of employees and dependents covered, the Employer shall furnish the Contract Administrator the names of all employees who have become covered or cease to be covered since the date of the previous reports. Failure on the part of the Employer to report the name of any employees or dependents who are eligible for coverage, shall not deprive such persons of their benefits under the Plan; nor shall failure on the part of the Employer to report any termination of any employee or dependent, obligate the Plan to continue such benefits beyond the date of termination. CHOICE OF PHYSICIAN The Covered Person shall have the free choice of any legally qualified Physician and the Physician-patient relationship shall be maintained. AFFILIATED COMPANIES Any of the Employer's affiliates, subsidiaries or divisions may be deleted or added to the Plan upon written notice by the Employer on or before the date such deletion or addition is effective. EMPLOYEE CONTRIBUTION Participation in this Plan is entirely voluntary. The Employer reserves the right to modify the amount of any employee contributions. INSPECTION OF PLAN DOCUMENT Upon request, the Employer shall make this Plan Document available for inspection by any Covered Person at a reasonably accessible place. AMENDMENT OR TERMINATION OF THE PLAN The Plan may be amended or terminated at any time without prior notice and, except as otherwise provided, in any manner, by written authorization and signed by one of the following officers of the Company: Chief Executive Officer, Chief Financial Officer, President, Vice President, or by any oth'er officer to whom the Company's Board of Directors delegates the authority to amend the Plan. It is the intent of this Plan to comply with all applicable Federal and State laws when applicable. Wherever this Plan is in conflict with either Federal or State .law, the Federal or State law will prevail, unless exempt from either law. RB785- Rev 1/1/01 45 200O INSTRUCTIONS FOR SUBMISSION OF CLAIMS Be sure the bills submitted include all of the following: 1. Employee's name, social security number and home address. 2. tf claim is made for a dependent, name, Employer and age. 3. Employer's name and group number. 4. Name and address of the Physician or Hospital. 5. Physician's diagnosis. 6. Itemization of charges. 7. Date the Injury or Illness began. 8. Drug bills (not cash register receipts) showing RX number, name of drug, date prescribed, and name of person for whom drug is prescribed. Certain claims may require additional These items are REQUIRED in order to accurately pay claims. information before being processed. Please direct all questions regarding claims to: Corporate Benefit Services of America, Inc. P.O. Box 10100 Tampa, FL 33679 CBSA Collier County Local Customer Service Representative Located in Risk Management Department. Call: 774-8417 or 774-8048 (fax) or (888) 259-7022 Please direct all claims as shown on the ID card. Every attempt will be made to help Covered Persons understand their benefits; however, any statement made by an employee of the Employeror. the Contract Administrator will be deemed ,~ not a warranty. Actual benefit payment can only be determined at the time the claim is submitted and all facts are presented in writing. If a definite answer to a specific question is required, please submit a written request, including all pertinent information, and a statement from the attending Physician (if applicable), and a written reply (which will be kept on file) will be sent. RB785 - Rev 1/1/01 46 2000 09/08/'2000 TUE 12:32 FAX §152322980 CBSA ~001/031 FAX TRANSMISSION CORPORATE BENEFIT 6ERVICF.8 OF AMERICA~ INC. PD- I~x ~)~/, ~ ~ g)010 Flexible Benefits Dept. Fax #: (615) 232-2§50 Oo~lrlclentlality Notlee: 'The Inlorrn~tion lnClUCiecl in this tax Is confidential and Intended only for the pcmon named above. If you are not the intended rec&O.i.ent, you are hereby notified that any disalbum or other distribution of this rr~terial In prohibited, Pienee notify sender of any materi~l received in error. MEMO _ . _ Group Benefit Plans by Professionals Thai Care 09,'05/2000 TI_~ 12:32 F2~X 51523229§0 CBSA ~002~031 COLLIER COUNTY GOVERNMENT FLEXIBLE BENEFITS PLAN Specimen Document (Amended 111/2000) 09/05,'2000 TUE 12:32 FAX 5152322950 CBSA ~003/031 CONSENT OF DIRECTORS COLLIER COUNTY GOVERNMENT The undersigneel, as all of the Directors of Collier County Government, an Florida Public Entity, after r~vi~wing the appropriate d~r, umcn~, d~ hereby adopt and consent to the adoption of the following resolutions: Resolved, that the Collier County Government F[exlble Benefits Plan be and it hereby is adopted for the exclusive benefit of the Employees of Collier Counby Government to be amended as of January 1, 2000; and be it furtt~er Resolved, that the aPi3ropdate offic~m of C~11ier County Government be and they hereby are authorized and direoted to exec~Jte in the name of and on behalf of Collier County Govemment the FleyJble Benefits Plan Document including such agreements or documents as may be necessary to maintain the continuity of said plan, The undersigned, as all of the Diredom of Coaier County Government do hereby consent to the taking of action by the Board of Directors of Collier County Government anti that t13iS consent shall I~ave the same force and effect as a unanimous vote of all the Directors at a duly called ~ncl held meetin9 thereof. Dated at Naples, Florida, lhis day of 09/0~/2000 TLTE 12:32 FAX 51523229§0 CBSA 1~004/031 TABLE OF CONTENTS ARTICLE I - 1,1 1.2 THE PLAN ........................................................... 1 Estabiis!~ment of the Plan ..............................................1 Applicability of Plan ...................................................1 ARTICLE II - DEFINITIONS AND CONSTRUCTION ..................................... 1 2.1 Definitions .......................................................... 1 2~ Gender anti Number ................................................... 2 2,3 iilegafity of Particular Provision .........................................2 2,4 Applicable Laws ...................................................... Z ARTICLE III 3.'I 3.2 3.3 3,4 3.5 - ELIGIBILITY AND PARTICIPATION ...................................... 2 Eligibility ............................................................2 Participation ......................................................... 3 Duration ............................................................ 3 Death of Participant ...................................................3 Participant Termination or Retirement ....................................3 Continuation of Coverage .............................................. 4 ARTICLE IV 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.~ - BENEFITS .......................................................... Flexible Dollars .......................................................4 Benefits ............................................................. 4 Payment of Claims for Reimbursement ................................... 5 Facility of Payment ................................................... Oualitiecl Mecllcal Child $uppor~ Orders ...................................5 Unused Benofit~ ...................................................... 6 Dependent Care Assistance ............................................ Unpaid Leave of dtbsence ............................................. ARTICLE V 5.1 5.2 5,4 - ELECTIONS ................. i ....................................... 7 Election of Benefits Coverage ...........................................7 compensation Re(luction Election ............' ...........................O Other Circum~tance~ Permitting Election ¢hang¢~ .........................8 Limit on Election Changes .....................'. .......................8 ARTICLE Vl 6.1 6.2 6.3 6.4 6.5 6.6 - ADMINISTRATION AND FINANCING ..................................... 8 Administration ....................................................... 8 Changes by Sponsor .................................................. Mistakes and Errors ................................................... Appeal from Denial o! Claims ........................................... Indemnification ...................................................... Contributions and Financing ...........................................10 ARTICLE Vii - PARTICIPATION IN AND WITHDRAWAL FROM THE PLAN BY AN AFFILIATE ............................................. '~ 0 7.1 Participation in the Plan ..............................................10 7,Z Wlthclrawai from the Plan .............................................10 ARTICLE VIII - INSURb, NCE ..................................................... 10 8_1 Responsibility for Implementing the Plan ................................10 8.2 Limit on Obligation to Obtain Coverage..' ................................10 8.3 Receipt of Benefit by Employer ....................................... 11 8.4 Limit on Duty to Maintain Policies ......................................I 1 ] NOV28 ,2000 I 09/05/2000 TUE 12:33 F3.~ 5152322950 CBSA ~005/031 8.5 8.6 Selection of Beneficiaries .............................................11 Master Insurance Agreement Controls ...................................11 ARTICLE IX 9.~ 9.2 - AMENDMENT AND TERMINATION ..................................... 11 Amendment end Termination o! the Plan .................................11 Merger or Consolldab'on .............................................. 11 ARTICLE X. 10.1 10.2 10.3 '10.4 t0.$ t0.6 10.7 10.8 10.9 MISCELLANEOUS ...................................................12 Nonguaratltee of Employment .........................................12 Rights to Employers Assets ...........................................12 Nona/ienatfon of Benefits .............................................12 Divestment of Benefit, .........................................., ....12 Unclaimed Accounts ..................................................12 Discontinuance of Contributions .......................................12 Non-guarantee of Tax Consequences ...................................12 Indemnification of Employer by Participants ..............................12 Other Salary-Related Plans ............................................13 ! AG[NOA IT[M 2000 09/05/2000 TUE 12:33 FAX 5152322950 CBSA ~006/031 1.1 t.2 FLEXIBLE BENEFITS PLAN ARTICLE I -THE PLAN Establlsl~ment of tl~e Plan. Collier County Government (hereinafter referreU to as the '~oonsor") hereby continues e Cafrteri~ Plan within the meaning of Section 125 of the internaJ Revenue Code for ite eligible Employees. This plan is an amended plan, in restated form, the original plan having been effective January 1, 1992. The terms of the Plan shall be as set forth in this plan document which shall be known as the 'Plan' and the name of the Plan shall be the "Collier County Government Flexible Benefits Plan'. The purpose of this Plan Is to provide eligible Employees the ability to match their b~nefit protection to their p~r~onal n~d= in a tax. effective manner. Thi~ Plan will aloe serve as an amendment to certain welfare benet3t plans presently in effect for the participating Employees. Thus, to the extent necessary, the Plan will serve as an amendment to each of these welfare benefit plans in order to permit the benefits of this Plan to be fully implementeli tot t13e participating Employees. ,4pplieability of Plan. The provisions of this Plan are applicable only to the Employees of the Employer in current employment on or after the Effeclive Date. 2,1 ARTICLE I1 - DEFINITIONS AND CONSTRUCTION Definitions. Whenever used in the Plan, the following terms shall have the respective meanings set forth below untess otherwise expressly provided, and when the defined meaning is intended, the term Is capita[izecl, The te[m ",A.ffiJia[e" means; 1. Any corporation other than the Sponsor, i.e. either a subsidiary corporation or an affiliated or associated corporation of the Sponsor, which together with the Sponsor is a member of a 'controlled group' of corporations; 2. Any organl2etlon which together with the $pon.~or i~ undp. r "common control": or 3, Any organization which together with the Sponsor is an "a~iated service group"; as those terms ere used in sections 4t4(b), 414(c) and 414(m) efthe ecole. The term "Alternate Recipient' means a child who Is the subject of a Qualified Medical Child Support Order (QMCSO} (as defined in Section 609(s)(2) of ERISA), The term "Change In ..qtatus" means events such as: marriage; divorce or legal separation of the Padicipant; deaih of [he Participant's spouse or a dependent; the birth or adoption of a child of the Participant; the Issuance oi" a Qualified Medical Child Supped Order (QMCSO)with respect to a child of the Participant or of the Participant's spouse; the termination of employment (or the commencement of employment) of the Participant's spouse; b~o switching from pert-time to full-time employment status. or from full-time to part-time employment status by the Participant or the Participant's spouse; and the taking of an unpaid leave of absence by the Participant or the Participant's spouse. The term "Code" means the Internal Revenue Code of 1086, es amended, and the re~tulations thereunder. The term "Compensation" means the total FDrm W-2 compensation for Federal income tax wilhholding purposes paid by the Employer to an Employee for services performed, cretetrained prior to any $alr,3ry Reduction election under this Plan, prior to any salary reduction election under any other Code section 125 cafeteria plan, and prior to any elective salary defertel contributions under any Code section 401 (k), 403(b) or 40B(k) arrangement, 1 2000 09/0~/2000 TEE 12:34 FaX $152322950 CBSA ~007/031 2.2 2-3 2.4 The term "Effective Date" means January 1. 1992. The term 'Employee" means any Employee of an Employer, except a self.employed Individual described in Code .,.~ection 40t (c), or · more than 2% shareholder of an S-Corporation. The term 'Employer' means the Sponsor and any Affifiate of the Sponsor which has adopted this Plan. The term "ERISA" means the Employee Retirement Income Security Act of 1974. as amended, and the regulations thereunder, The term "Flexible Dollars' means those dollar amounts specified in section 4.1. The term "Health Insurance Plan" means the plan or plans the Employer maintains for its EmplDyees (and their spouses and eligible dependents), providing medical benefil~ through a group insurance policy or policies (including HMOs), which plan or plans qualify as accident or health plans under Cod~ 8c~;tion 106 (oth~r lhan a ]ong-t.~rm c4~r~ in~urar~Qc plan). Th~ Employer may ~ub~titu[~, ~d~, subfJ~ct or revise at any time the menu of such plans and/or the benefits. terms and condi§ons of any such plans, and any such substitution. addition, subtraction or revision will be reflected on the Election Form or o~herwise communicated to Participants, and will automatically be incorporated by reference uncler thLs Plan, The specific coverage selected by me Employee (tar himself, his spouse end/or eligible dependents) is considered his Health Irmurar~e Plan roverage for purposes of this Plan (also referred to as his 'Health Insurance Plan benefits"). The term "Participant' means an Employee who meets the conditions and eligibility requirements necessary to participate in the Plan and who makes a written election t~ participate. An ~ternate Recipient is treated as a Participant for purposes of the reporting and disclosure requirements of this Plan and ERISA. The term "Plan Year" means the twelve (12) month period ending every December 31, provided that the tirst Plan Year shall not (~ommen~e before the Effective Date which could result in a shod initial year, Gender and Number. Except when otherwise indicated by the context, any masculine terminology shall also include the feminine, and the definition of any term in the singular shad also tnclucle the plural Illegalib/of Particular Provision. The illegaltry of any particular provision of thi~ Plan shall not affect the other provisions, but the Plan shall be construed in all respects as if such Invalid provisions were omitted. AppliCable Laws. To the extent not preempteel by ERISA, the Plan shall be governed by and construed according to the laws of the State the Employer Is Iocatcci in. ARTICLE II! - ELIGIBILITY AND PARTICIPATION Eligibility. P~e-tax Premium Account: Dental, Vision, Cancer, Short Term Disability and ~ersonal Accident Insurance Premiums: Any Full.time Employee is eligible Io participate in the Ph~n, who: (a) works at least thirty (30) hours per week on e regular basis; and (b) executes a writlen election to participate. Health, Group Term Life, Supplemental Life and Supplemental Accident Insurance Premiums: Any FulNime Employee ks eligible to participate in the Plan, who: (a) works at least thirty (30) hours per week on a regular basis; (b) has completed sixty (60) days of service; end (c) executes a written election to participate. 2 '' AGENDA '~'rE[~-" NOV 2 8 2000 09/05/2000 TUE ~2:34 P.~T~ 5152322950 CBSA ~008,'031 3.2 3.3 3.4 2.6 Long Term DIsability Ir~uranc~ Premiums: Any Full-time Employee is eligible to participate in the Plan, who: (a) works at least thirty (30) hours per week on a regular basis; (b) has completed ninety (90) days of service; anti (c) executes a written elseUgh to parucpate. Each F.n'~loyee who, as of the Effective Date, has satisfied the eligibility requirements set forth herein shall become a Participant on the effective date, provided the Employee Is still employed on such date and has eIected to participate in the Plan prior to the effective date. Medical F_xpen~a Relmbu. rsement and Dependent Care ~:~penae Reimbursement Accounts: Any Full. time Eml~loyee Is eligible to pa~cipate in the Plan, who: (a) works at least thirty (30) hours per week on a regular basis; and (b) executes a written election to participate. Participation. Any Employee who is employed on the Effective Date, and who is then eligible under section 3.1 wil become a Participant on the Effective Date. Any other Employee may become a Participant on the first day of the month following the date on which lhe Employee meets the eligibility requirements of the Pian, Any Employee who does not elect to participa[e In the Plan on the date the Employee first becomes eligible may late~ elect to be~ln partlclpaUng as of the first duy of any subsequent Plan Year, except for a Change in Status. If this is a restated Plan, each Employee who was a Participant In the Plan on the day prior to [he restated Effects Date and is an Employee of an Employer on the Effex;tive Date shall remain a Participant, Duration. When a Participant ceases to make contribu[ions to the Plan: Unle¢s e Participant has made the total payments required far coverage during the entire Plan Year, a Participant may only submit claims for medical expenses incurred prior to the date contributions ceased and no additional Flexible Dollars will accumulate in the Medical Expense Reimbursemen[ Account after contributions ceasec3; aria b_ The Participant may continue to submit claims for dependent care expenses incurred during the remainder of the Plan Year within which contributions ceased, but no additional Flexible Dollars will accumulate in the Dependent Care Reimbursement Account after contributions ceased; and c. Premium payments or ~;ontrlbutions for medlc.~l or other elected cover-ages will cease If a Participant ceases to be a Participant hereunder during a Plan Year, other than due to a Change in Status, the former Participant may not re-elect coverage for the remaining portion of the Plan Year. Death of Participant. Ifs Participant dies during any Plan Year and at the time of death. he or she has not received the total reimbursements available for the Plan Year, the Participant's surviving spouse, children or legal representatives can continue to submit claims for expenses incurred during that Plan Year on the same basis as that described above for a Participant who ceases to make 6ontribuUons to the Plan, Participant Termination or Retirement. A Participant who terminates employment or otherwise becomes ineligible to participate in the Plan has the following options: a. Terminate participation under the Plan, such election will result in: 1. No further contributions required to the Plan: and 2 No further benefits under the Plan, except as provided in Seeion 3,3 above; or Continue participation under the Plan until the end of the current Plan Year, such aisc[ion will re.~ult in: 1. Additional contributions required (o~ ar~ after-tax basis); end 2. Availability of additional benefits urnder [he Plan fc~r any throughout tl~e Plan Year. qualified expenses incurred AG£r~DA 1T E ,'4 Nov 7_ 8 2000 09/05/'2000 TUE 12:35 FAX 5152322950 CBSA ~009/031 3.6 A Participant may make such election In whatever manner specified by the Claims Administrator. If a Participant eleCtS [o terminate participation tx~der the Plan, the Perli~pant I~as ninety (90) clays al~er I/m end of !he Plan Year in which participation was ten'nlneted In which to submit elsires for expenses Incurred on or before termination of particJpafion in the Plan. Gontinuatlon of Coverage. If and to the extent required by law, Including, without limitation, sections 105, 125 and 4980B of the Internal Revenue Cocle ancl regulations thereuncler, In the event ~ PertJoipant ceases to be an Employee and undertakes to pay required protrauma to the Employer on a monthly baals (or within such other time limit as may be provided for by law), coverage under the Plan shall continue so long aS such required premiums are paid, but not beyond the end of the period for which such coverage is required by law. In addition, the former Participant shall be treated as a Partir4]ant under the Plan to such extent as is required by law end shall be entitled to reimbursement for qualifying medical gore expense~ inourrecl during auoh period of c~3varage, subject to certain limit~ en time and amount of reimbursement. 4.1 4.2 ARTICLE IV - BENEFITS IRe~dble Do!lar~. A Participant's Flexible Dollars with respect to each Plan Year shall be equal to the reduction In fu[ure compensation elected under section 5.2 subject to any specified maximum. The maximum Compensation redu~on amount allowed to any Participant per Plan Year shall be an amount equal to the tofa~ of the annual Medical Expense Reimbumement limit, the applicable statutory limits on excludehie dependent care expenses, and the highest premium cost payable by Employees with respect fo any health Insurance plan or group term life Insurance ~an sponsored by the Employer. Benefits. Upon beooming a PartiCipant and prior to each Plan Year (except as spectaea belOW), a Participant must allocate his or her Flexible Dollars among the benef'~s Indicated below. This allocation shall be made on an enrollment form provided by the ._Rpon¢or end shall be in'evocable for the duration of the Plan Year, except for a Change in Status. Benefit election changes are al~owed on account of status changes only if the. Employee notifies the Employe~ within thirty (30) days of the change and election changes are necessary or appropriate as a result in the Change In Status. A Pa~icipant's election of benefits tm3d his o[ her Cornpenes;Jori reduction agreement may aide be changed during a Plan Year as provided in Article V, ,.qectto~ 5,3 of this Plan. Flexible Dollars may be allocated to making the premium payments or contributions that are from time to lime required to be paid by Ernployee~ for coverages under the benefit plan(a) made ayalahie by or through the Employer, including coverage for depondent~ and Alternate Recipienfs. The payments required fa' each type and level of coverage made available shall be communicated to Participants by the Employer prior to the applicable Plan Year and these payments will automatically roll over from year to year after ~e Initial completecl election term is received. Flexible Dollars may be allocated to a Medical Expense Relmbumement Account to be used for reimbursement of Qualified Medical Expenses, The maximum amount of Flexible Dollars which can be allocated shall be determined by the Emp;oyer prior to the beginning of each Plan Year and such amount for the 2000 Plan Year shBII not exceed $1,200. "~ualtr~ed Medical Expenses" as deftneet w~t~in Ibis paragraph shall mean those medical, dental end vieion expertcos of the Pertioipant end his dependents (as defined in Code Section t 52) which are incurred on an irregular basis throughout the Plan Year. The Participant may only obtain reimbursement for out-of-pocket expenses which meet the criteria for deductibility as medic. a[ expenses under Code Section 2t3(d), provide0 any such expenses are approveo by me Sponsor and are not covered by any insurance or a self-insured plan, In addition, Participants may receive reimbursemen{ for expenses which would be reimbursed under any insured or self-insured plans, but for the effects of ~ cleductible amount limitation, a coinsurance provision, or a dollar limitation on the amount of reimbursement allowable. Flexible Dollar~ may be silosated to a Dependent Care Expen.~ Reimbursement Account to be used for reimbur5erne~t cf dependertl. cure assist~r~ce expense~ to ~he extent that the provisions of section 4.7 are met. The maximum Flexible Dollars that may bc used under this section 42(c) in any calendar Year shall be $2,500, unless the Participant certifies in wriling t~at he is either single or 09/05/2000 T'L~ 12:36 FAX 5152322950 CBSA ~010/031 4.3 4.4 4.5 married filing joint tax returns for the calendar year concurrent with the Plan Year. If so oartitled, the maximum Flexible Dollars that may be used under this section 4.2(c) In any calendar Year shall be $5,000. The limits expresseel In this subsection 4.Z(c) Shall De adjusted when and If the corresponding limits in Code Seation 120 are oh~nged. Flexible Dollars may be allocated to making the premium payments that are from time to time required to be paid by Employees for coverages under the group term life insurance plan(s) made available by or through the Employer. The payments rcquire~cl for eac.,h type and level of ~;overage made available shall be communicated to Participants by Ihe Lamplayer prlor to the applicable Plan Year. Payment of Claims gor Reimbursement. Claims for reimbursement of expenses Incurreel clurlng a Plan Year may be eubmiEed any rrne during the Plan Year when at least $10 of eligible expense8 have acerued and are unpaid. or during the first ninety (90) days of the followi3g Plan Year regardless of amount. Claims shall only be paid to the extent of Flexible Dollars a~ually (;ontributed and allocated to the appropriate benefit a~d shall only be paid out of Flexible Dollars for the Plan Year in which the claim was incurred. The entire amount of Flexible Dollars elects0 by a Participant for allocation to his Medical ~se R¢lmbur~ement Ar, c~unt for ~r~y Plan Year shall be available to pay claims at all times during the Plan Year, reduced as of any' particular date only for prior reimbursements during the Plan Year. However, unless a Particlt~ant has made the toter payments required for coverage during the entire Plan Year, Flexible Dollars allocated by a ParLicipant to his Medical Expense Reimbursement Ac, c, ount shall cease to be available to pay claims for expenses incurred after [he date requital poyrn~nt~ cease if the Participant, for any mason (~C. luding termination from service) ceases to make the required payments with respect to the benefit. Claims incurred prior to becoming a Participant for purposes of receiving Flexible Do',lars and a~er the Plan Year in which a Participant ceased to be a Partic[pant, shall not be covered by this Plan. Claims shall be submitted on forms approved by the Sponsor, accom13anie~ by sucl~ written statements from inclepenclent third parties, bios, or other proof or incurring the expense as the Sponsor may require. The administrator will, subject to the $;10 minimum, pay claim~ weekly during the Plan Year to the extent that Flexible Dollars are available to reimburse the Padicipar~t. After erl Flexible Dollars have been exhausted, claims remaining unpaid at the Plan Year end will be canceled. In no event can these claims be resubmitted the next Plan Year, nor are any unpaid claims a liability of the Employer. Facility of Payment. Whenever. in the Sponsor's opinion, a person entitled to receive any payment of a benefit is under a legal disability or is incapacitated In any way so as to be unable to manage the person's financial affairs, the Sponsor may direct those payments be made to such person, or to the person's legal representative, or to a reIatlve or frlend of such p~r~on l'(~r ~u~h pe~on's benefit, or tho Sponsor may direct application of the payment for the benefit of such person in suCh manner a.q the Sponsor considem advisable. Any I~ayment of a benef~ or installment thereof in accordance with the provisions of this section shall be a complete discharge of any liability for the making of such payment under the provisions of the Plan. Qualified Medical Ohiid ~3upport Orders. Nothing c, ontalned In I~ls Plan prevent~ the sponsor from complying with the provisions of a Qualified Medical Child Support Order (as defined In Section 609(a)(2) of ERISA). This Plan specifically permits coverage of a~ Alternate Recipient at ar~y time under a Qualified Medical Child Support Order, by providing benef'~ts to the Altemate Recipient without regard to plan limitations WlllCfi may require that an Employee have custody of the Alternate Recipient, or that the Alternate Recipient be d¢slgna~eci ae the participant's dependent for tax purposes. Further, the Alternate Recipient must be covered under the plan as of the date of the Order and the plan must not limit or delay coverage for either a pro-existing condiaon or a waiting period. However, the Order may not require the Plan to provide any type or form of benefit, or any opt[on not otherwise provided under the Plan, except to the extent ~ecessary to meet the requirements of a law relating to a Medical C, nlld Support Order discussed in SaGlion 1900 of the Security Act (as added by Section 13623 of the Omnibus Bud<jet Reconciliation Acl of lg93). Coverage for an Alternate Recipient is available only if the court order is issued as part of a child support proceeding and is required for an Employee's child regardless of whether the c13ilQ iS a natural or aclopted child, and recj~rdles5 of whether the ~hild resides with the Employee. tn order for coverage to be extended [o the Alternate ~ecipient. the courl order murat De 'quali£~ed" under ERISA 609(a)(2) and must contain the following elements: {1) the name and test known mailing address of the Participant; (2) the nan~e a~d address of each AlternetS Recipient; (3) a reasor~able descriotion of the type of coverage to be provided by the group I AGENOA 1 TEi~I ...... 0g/05/2000 TL~ 12:37 FAX 5152522950 CaSA ~011/031 4.6 4.7 health plan or the manner in which coverage will be determined; (4) the period for which coverage must be provided; and (5) eac13 plan to which ~ order applies, The Sponsor must adopt a written procedure for determining whether a Medic, el Chid Support Order is qualified and provide these procedures to eligible Participants and Alternate Redplants. Upon receiving a Medical Child Support Order, the Sponsor will notify the Participant and any Alternate Recipient named In the order, of the r~elpt of the order and the proot-~lures for d~t~rmining the qualified status of Ihe [~rd~r. 'v'V'fi, hin · reasonable period of time after receiving th~ Medk;~al Child SUloport Order, the Sponsor must determine the qualified status of the order and must notify the Participant and ear.~ NIernete Recipient of its de{ermination. The Sponsor must provide notice under this paragraph by mailing to the Individuals' addresses specified in l~e MediCal CI3ild Support Order or in a manner consistent with Department of Labor regulations. If the Medical Child Support Order is not qualified, the Sponsor must contact the Participant and each AJternate Reciplent and notify the same of the determination. The Sponsor must establish a mechanism for appeal of the decision and notify be Participant and each Alternate Recipient of such mechanism. If the order is qualified, the Sponsor must establish a mechanism for reimbursement or benefit payments under the group health plan to be made to the AJtemate Recipient or the AJtemate Recipient's custodial parent. Unused Benefits. Any of the Participant's benefits chosen under section 4.2 that are not used for a Plan Year shall be forfeited. Such forfeiture shall occur nineb/(90) days following the end of the Plan Year to which the forfeiture relates. Dependent Care Assistance. a. Dependerst care assistance expenses as used in section 4.2 means expenses incurred botJ'l to: Care for a dependent (as defined in subsection (b); and Enable ihe Participant to be gainfully employed. If such expenses are incurred for services provided outside the Participant's I~ousehold by a dependent care center (as defined in Cools section 21(b)(2)(D)), they shall be deemed to meet the requirements of this subsection (a) only if such center meets ell abDlicable laws and regulations of e state or unit of local government. Amounts paid or incurred by a Participant shell not be dependent care assistance expenses within the meaning of this subsection If such amounts are paid to an individual with re..spe~ [o whom, for the Plan Year, e de~luction i~ allowable under Code section 151(c) by such Participant or the spouse of such Participant, or who i~ s child of ¢uch Participant (within the meaning of Code Secaan 151 (c)(3)) under the age of nineteen (19). Dependent means a dependent of the Participant who is under age thirteen (13) and with respect to whom the Participant is entitled to a deduction under Code Section 151(o), or who is physically or mentally incapable of caring for himself. Not more than 25% of the amounts paid under this Plan for dependent care assistance during the Plan 'fear may be provided for the c~ass of Participants who are shareholders or owners of an Employer (or lh¢lr spousc, s or dependents), each of whom (on any day of the year} owns mere than 5% of the stock or of the capital or profits interests in an Employer. Ownership of stock in an Employer shall be determined In accordance with the rules of Code section 1563(d) end (e)without regard to section 1563(e)(3)(C). The interest of an Employee in a trade or business which is not incorporated shall be determined in ac6ordan6e with Treasury P,e~ulations. The average benefits provided to Employees who are not Highly Compensated Employees under all plans of the Employer musl be at least 55% of the average benefits provided to Highly Compensate~ Employees (as defined in Code 414(q) under all plans of the Employer. For purposes of tints ~u~section (d), in the case of any benefits provided through a ~omp~ation reduction agreement, Employees whose compensation is less than $25,000 may be disregarded. In the case of a Participant who is married, ~he maximud~ reimbursement available musL not exceed the Participant's or Par[icipan:'s spouse's Earqcd Income. 6 09/05/2000 T'LTE 12:38 FAX 5152322950 CBSA ~012/031 4.8 f. The Plan shall furnish to a Participant who has receive~ dependent care assistanoe benefits during any calendar year, on or before January 31 of the next year, a wrltter~ statement showing the amounts paicl during the prior year. Unpaid Leave arAbsenos. If a Participant takes an unpaid leave of absence during the year [nctudlng a leave pursuant to the Family and Medical Leave Act ("FMLA"), the Participant shall have me option, prior to taking the leave, Revoke or change the Participant's Compensation Reduotion Election, pursuant to section 5.2, based on a Change in Status. In no event may an election change reduce the Medical Expense Reimbursement bene~ below Me amount at benefit used as of the date of the electJan change. Prepay, on a pro-tax or en after4ax basis, all or a portion of the Participant's Flexible Dollar amounts that would normally have been contributec~ during the period of time that the Participant expects to be on leave. In such event, the amount prepaid will be ellacared to provide increased, decreased or different benefits as speo[fi~d on the ParLl~ipant's Prepayment Election form. In no event will a ohange i~ the Participant's election affect the ~mployer'¢ chars of the cos! of benefits ~]e~ed_ In fact, a full or complete reduction in the amount of Flexible Dollars allocated toward a benefit will result in a con~espondlng reduction in I~e benefit itself except in oertain circumstances where the unpaid leave is taken for a qualifying reason under the FMLA, Continue to pay, on an after-tax basis, at the same rate and in the same manner as prior to taking the leave (e.g. every payroll period). If the Participant's payment is more than thirty (30) days late, the Employer may drop the Participant's coverage or' may continue to pay for the ParlJdpant's share of the coverage at the Eraplayer's aiscration. However, the Eml~oyer may recover from We Participant the cost of any payments made to maintain beverage unleso the Participant doe~ not return to work and such fa~ure to return to work is a result of circumstances beyond the Participant's control. Upon rerum horn unpaid leave, the Participant's original Compensation Redu(.,-tion Election will reapply as of the first pay period after return fn3rn leave and continue for the duration of the Plan Year, except for a Change in Status. Regardless of the payment option selected, as long as the Participant continues to make contdbuUons to the Plan, the full amount of the coverage elseted under the Medical Expen~ Roimburse,'nent portion of the Plan, less any reduction under 4.$(a) or 4.8(b) and less any prior reimbursements, will be available to the Participant at all times, including during an unpaid FMLA leave period. However, if a Participant c, eeses to make contributions so that his or her coverage under the Medical Expense Reimbursement portion of the Plan terminates while on leave, the Participant is not entitled to receive reimbursement for cJalms incurred during the period when the coverage was terminated. If the Participant then elects to roinstat~ coveage upon return from leave, hie or her coverage under the Medical I~xpnnse Reimbursement portion of the Plan for the rernai.3der of the P~an Year will be equal to his or her original Compensation Reduction Election for the twelve (12) month period of coverage prorated for the period when coverage was termlr'~ated during leave anc[ reduced by prior reimbursements. 5,1 ARTICLE V - ELECTIONS Election of Benefits Coverage. Upon the commencement of pa~cipation in the Plan and prior to the bb:'(ginning of each Plan Year, a Participant may designate on an onrel[menl form provided by the Sponso~ the coverages described in section 4.2 which the Par'dcipant elects. Oniy one enrollment form is required for the Pro-Tax Premium Account prior to the beginning of the first Plan Year the Employee elects to participate. An election hereunder shalt be irrevo~ablo for tho duration of the Plan Year. except [or a Change in Status. For other circumstances permitting a Participant to cinange an election horeunoer, see Article V, 3etaart 3.3 below. If a Participenl f~il$ to re-elect coverage prior to the begironing of a raw Plan year and rennains eligible to participate. the Participant will not be eligible to pa~icipate until the following Plan Year. except for a Change in SLatus. A Participant may terminate participation in the Plar~ by retu[rfin§ the enrollment form prior to tl~e 2000 09/05/2000 TUE 12:39 FiX 5152322950 CBSA ~013/031 5.3, 5.4 first day of any Plan Year stating the Participant no longer desires to participate in the Plan for the new Plan Year and instead elects to take his or her full compensation in cash. ~.ompensatlon Reduction Election. Upon the commencement of participation in the Plan and prior to the beginning of each PJan Year (except after the initial year for the Pro-Tax Premium Account), a Participant shall elect on an enrollment form provided by the Sponsor to receive a reduced amount of future compensation per Plan Year, in return for which Ins Participant ellall receive the Flexible Dollars set forth in section 4.1. The Flexible Dollars oleoted will be withhold from each of the Participant's regular pa¥c;he~ks and contributed to Ihe Plan during the year in equal installments. An election hereunder shall be Irrevocable for the duration of the Plan Year, except for a Change In Status. For other circumstances permitting a Participant to change an election hereunder, see Article V, section 5.3 below. If the Employee premium contributions for elected coverages under a fully-insured plan are inc~eased or decreased during i~ PLan Year, the Employer is authorized to adjust a Participant's gross compensation to reflect the Inctease or decrease. If a Partlclpent takes an unpaid leave of absence. his or her Compensation Reduct',~n Election may be revoked. changed or raceromanced in accordance with section 4.8. O~ber Circumstances Permitting Election Changes, An election made by a Participant according to Article V, Sections 5.'1 and ~ 2 above. may be~ Revoked by the Partlclpent If the Participant's premium cost with respect to any health plan sponsored by the Employer s~§nitlcar~y Increases and n' the Participant wile revokes me election Will receive similar health plan coverage under another health plan on a prospec:~ive basis; or Revoked by the Participant if the coverage under a heatth plan described in Article iV, Section 4.2 and provided by an independent, third-party provider is sigr~ificanUy curtailed or (;eases during the Plan Year, and if the Participant who revokes the el~;tion will raGelye, on a prospective basis, coverage under another health plan with ~irnilar coverage; or Revoked or changed if there has bee~ a significant change in the health coverage of the Employee or his or her spouse attributable to the spouse's employment; or d Revoked in the event of the Participamt'~ ¢eperetlon from service with the Employer. Any election revocation or c. hange pursuant to Article V, sub-sections 5.3(a), 5.3(b) or 5.3(c) above must be consistent with the reason 'the change is permitted. Limit on Election Changes. In no event may an election change permitted by this Article V reduce a Medical Expense Reimbursement benerR below the amount of the benefit used as of the date of the election change. 6.1 ARTICLE Vi. ADMINISTRATION AND FINANCING Administration. The Sponsor shall administer the Plan and shall have the authority to exercise the powers and aiscration conferred on it Dy the Plan, and slyall have such ot~er powers end authority necessary or proper for the aclministrat[on of the Plan, ir~ludin~;. but no~ by way of limitation, the following: To continue and interpret the Plan, decide all questions of eligibility and determine the amount, manner and time of payment of any benefits hereunder; To preocribe procedures to be followed by Participants filing applications for benefits; To prepare and distribute, in such manner as the Sponsor determines to be appropriate, information explaining [he Plan; To receive from Participants such informa[ior~ as shall be necessary for the p~oper admlnlslretion of t~e Plato NOV 6.2 6.3 6.4 To furnish, upon request, such annual reports with respect to tlqe administrabon of We Plan as are reasonable and appropriate; and To receive, review and keep on fie (as it deems convenient and proper) reports of benefit payments and reports of disbursements for expenses directed by the Sponsor. The Sponsor may adopt such rules and regulations for the administration of the Plan ~ it shall consider advisable and shall have full power and authority to enforce. construe. interpret, and administer the Plan. All interpretations under the Plan and a~l determinations of fact made in good faith by the Sponsor shall be binding on the Participants, their dependents, and all other persons Interested. The Spenser may delegate to any agent, attorney, e~3ountant, third party administrator, claims proems&or, or other person selected by it, any power or duty vested In, imposed upon, or granted to It by the Plan. No Employee of an Employer shall re~eive compensation for services rendered to or on behalf of the Plan except such person may be entltiecl to benefits uncler the Plan. Changes bySpensor. If the Sponsor determines, before or during any Plan Year, that the Plan may fall satisfy for such P~an Year any nondiscrimination requirement imposed by the Code or any limitation on benefits provided to Key Employees [as def'm~ed in Code Section 416(l)(11], the Sponsor shall take such as the Sponsor dee, ms appropriate, under rules uniformly applicable to similaHy situated Partlclpants~ to ass'ufo eornpIlanc, e with such requirement or limitation. Such action may include, without limitation, modifica§on of elections by Highly Compensated Employees [as defined [n Code Section 414(cl)], or Key Employees w~ or without the consent of such Employees, In the event the Sponsor determines the Plan may fat! to satisfy the §§% i~verage benefits test described in Section 4.7(d) above, the Sponsor shall modify the Dependent Care Expense Reimbursement election made by participating Highly Compensated Employees (HCE's). The Sponsor shall effect the modification by starting with the HCE(s) who has elected the largest doIlar amount of Dependent Care Expense Reimbursement and reducing the dollar amount o1' suc13 Participant's Depenclent care Expense Reimbursemeant tutho ns~t highest Dependent. Care --~pen,~¢ Reimbursement amount eltrated by an HCE(s). Then. if necessary. reducing the dollar amount of the Dependent Care Expense Reimbursement of fiqe HCE(s) at the next highest Dependent Care Expense Reimbursement level (including the benefits of the HCE(s) whose elected amount already has reduced), and continuing in this manner until the Plan satisfies the 55% average Denef~ts test clescrioeo In ,.~ction 4.~(c~) above. Mi.~fakes and Errors . It is recognized that in the administration of the Plan certain mathematical and accounting errors may be made or mistakes may arise by reason of factual errors in information supplied to the Employer or the Sp~nsor, The Sponsor shall have power to cause such equitable adjustments to be made to con-ec~ for ma~ernatlcal, accounting or f~ctu~l error~ m~de in good f~ith, ~ the ,Spon~or in its discretion deems appropriate. Appeal from Denial of Claims. If any clalm for benefits under the Plan is wholly or partially denied, the claimant shall be.given notice in writing of such denial within ninety (90) days after receipt el tile claim (or I~ ~p~ial circum~nces re=quire an e~ten~io,q of time, wd[ten notice of the extension shall be furnished to the claimant and ar~ additionaJ ninety (90) days will be considered reasonable), ~',etting forth the followirtg information: a. The specific reason or reasons for sucrl clanisis b ~pecific reference to pertinent Plan provisions on which the denial is based; Description of any additional material or informatior~ necessary for the claimant to perfect the claim, ano an explanation of wlny such material or information is necessary; An explanation that a full and fair review of the decision denytrig the claim may be reclueSted by the claimant or his aut13oriTed representative by filing with the Sponsor, within sixty (60) days after Such notice has boon received, a written request for such review; and 9 AG£ ~) A ITEM,// N 0 V 2.. 8 2000 09/05/2000 T/~ 12:40 FAX 5152322950 CBSA ~015/031 645 6.6 If such request is so filed, the claimant or his authorized representative may review pertinent documents and submit issues an(3 comments in writing within the same sixty (60) day period ~peclfied in ~;ubsection (d) above. The decision shall be made promptly, and not later than sixty (60) days after the receipt of the request far review, unless special circumstances require an extension Df time for processing, in which case the claimant shall be ~o not/6ed and a decision shell be rendered as soon as possible, but not later than one hundred twenty (120) days after receipt of the request for review. The claimant shall be given a copy of the decle, ion promptly. The decision shall I~e In writing and shall include specific reasons for the decision, written in a manner calculated to be understood I~y the claimant, and specific references to the pertinent Plan proviSions on which the decision is based. Indemnification. To the extent permiffed by law. I~mployees of an Employer and all agents and representatives of an Employer shall be Indemnified by their respeclive Employer, and saved harmless against any cidms, and the expenses of defending against such claims, resulting from any action or conduct relating to the administration of [he Plan, except claims arising from gro,s$ negligeni;e, willful neglc:'ct or willful misconduct. Contributions and Financing. AJI contributions will be made directly by the applicable Employer from its general assets. 7.1 ?.2 ARTICLE VII - PARTICIPATION IN AND WITHDRAWAL FROM THE PLAN BY AN AFFILIATE Participation In the Plan. Any Affiliate which desires to become an Employer hereunder may become a party to the Plan by adopting the Plan for the benefit of Its eligible Fmptoyees, effective as of the date specified In ~uch adoption, and by f~ing with the .~pon~or such ir~trument$ as the 9pensor may require. The adoption derision may provide for such specific changes and variations in the 151an terms and provision~ applicable to such adopting Employer and its Employees as may be acceptable to the Sponsor. However, the 8olc, ~xclusiw3 right of any other amendment of whatever kind or extent to the Plan is re.~ervcd by the Sponsor. The Sponsor may not amend specific changes and variations in the Plan ten'ns and provisions as adopted by an Employer without the consent of such EmpIoyer. It shall not be necessary [or the adopting Affiliate to sign or execute the original or then amended Plan. The coverage date of the Plan for any such 'adopting Affiliate shall be as elected by the atopting Affiliate an(3 from an(3 after such effective c~ate, such adopting Affiliate shall assume all the rights, obligations and liabilities of an individual Employer hereunder. The administrative powers and control of the Sponsor as provided in the Plan. including the sole right to amendment, shall not be diminished by reason of the participation of any such adopting Affiliate in the Plan. VVlthdrawal from the Plan. Any Affiliate, by action of ils Board of Directors or other governing authority, may withdraw from the Plan after giving ninety (O0) day¢ notice to the Sponsor, provided the Spencer consents to such withdrawal. Distribution of any asse~s remaining in the Plaq and allocable to the Employer may be implemented through an immediate cash payment in accordance with the directions of the Sponsor, provided, however, that no suoh a~tion shall divert any part of such fund to any purpose other than the exclusive benefit of th~ Employa~s of ~u~h Employer. 8.1 8,2 ARTICLE VIII - INSURANCE Responsibility' forimplementing the Plan. Once an Employee ls eligible to be a ParUclpant, it shall be the Participant's responsibility to apply to any insurance cartier for any insurance contemplated by the Plan. Limit on Obligation to Obtain Coverage. Up:)n the failure of eliher the Participant or the Employer to obtain the insurance contemplated by the Plan Iwhether as a result of circumstances, negligence, gross neglect, or othe.wvise), the Participant's benefit shall be limited to the insurance premium, if any, unpaid for the period in question and the actual insurance proceeds. if any, received by the Employer or the Participant as a result of the Participant's claim. ! AG£~'u~ ZT[~, 'l NOV 2 8 21100 ! 8.3 8.4 8.6 Receipt of Benefit by Employer. The Emp]oyer's liability to the Pertic/pant shall only extend to, and shal] be limiteel to. any payment actually received by the Employer from the insurance company. In the event that the ful; insurance benefit contomplete_..d is not promptly received by Me Employer within a readenable time after submission of a claim. then the Employer shall notify the Participant of such facts and the Employer shall no longer have any legal obligation whatsoever (except to exeoule any document called for by a settlement reached by the Participant). The Participant shall be free to settle, compromlse, pursue, or refuse to pursue the claim as the Participant, In the Participant's sole discre';Ion, sh~tr see fit. Limit on Duty to Maintain Policies. The Employer shall not be liable for any loss or obligation with respeot tO any insurance coverage including, but not limited to, any loss due to the failure to pay premiums If a premium notice is not received by the Employer. If a premium notk;e is rec, eivecl by tile Employer, the Employer's liability is limited to the amount of such premiums only. The Employer shall not be liable for any loss due to the fatluna to pay a premium if the benefil~ available hereunder are insufficient to c~ver such premiums. Instead, the Pa~ticipan[ shall be responslbte for He payment of such premiums. Tl~e Employer shall attempt to notify a Participant of insufficient benefits. but shall not be liable for failure to make such notification. Selection of Beneficiaries. In the case of any insurance policy which permlts or requires the naming of a beneficiary, it shall be the responsibility of the Part/cipent to see that this is done. The Employer shall not be liable for any loss or. cost which may result from such failure. The Empioyer's responsibility shall be iim~¢l~ to joininu in the execution of any documents as requested by a Participant or ir~uran~,~ ~rrier in order to carry ou~ the purposes of this Plan. Master Insurance Agreement Controls. A Participant shall not be eligible for an insured benefit under this Plan until the insurance contemplated by this Plan is actually obtaineel, In the event ote conflict between the terms c~ this Plan and the terms of the policy of a paffJculer insur~nc~ company, if, any, whose product is then being used in conjunction with this Plan. the terms of the insurance policy mac, tar agreement shall control as to those Participants receiving coverage under such master a[~reement in defining the persons eligible for Insurance, the dates of their eligibility, the conditions wh'~c~ must be satisfied to become insured, if any, and [ne 13enel~ts and circumstances under which ~nsurance terminates. 9,1 9.2 ARTICLE IX - AMENDMENT AND TERMINATION Amendment and Termination of the Plan. The Sponsor expects lhe Plan to be permanent. but since luture conclitoris affecting the ~ponsor cannot be anticipated or loreseen, the ~ponsor must necesser~y and does hereby reserve the right to amend, rnod[f'y or terminate the Plan at any time by action of its Board of Directors. The Sponsor may make any modifications or amendments to the PJan that are necessary or appropriate to maintain the Plan as a plan meeting the requirements of the applicable sections of the Code or the applicable provisions of ERISA. The Plan assets shall not be used for or diverted to purposes o~er than for the exclusive benefit of Parfidp~nt~ or their dependents, and no an'~ndment shall divest any person of his interest therein. except as may be required by the Internal Revenue Service or other governmental authorfly; or give any person any assignable or exchangeable interest. or any right or thing of exchangeable value in advance of the time distribution is to be made to such person. Merger or 0on~olidation. The Employer may merge this Plan into, or oonsolldete it with, any other plan, or transfer assets and liabilities of this Plan to any other plan. In the case of any merger or consolidation with, or transfer of assets or liabilities to any other plan, each Participant in the Plan shall receive a payment or benefit immediately after the merger, consolidation or transfer which is equal to or greater than bhe premium payment or expense reimbursement Der]el'it he would have been entitled to receive immediately before the merger, consolidation or transfer if the Plan had then termrnate~. 11 09/~,'2000 TUE 12:41 10,1 10,2 10.3 10.4 10.5 t0.6 10.7 10.8 ARTICLE X - MISCELLANEOUS Nonguarantee of EmploymeaL Nothing r..,ontalrle0 In this Plan shall be construecl as employment between the Employer and any Employee, or a~ n right of any Employee to be oontinued in employment of the Employer. or es a limRe, tion of the right of the Employer to discharge any of its Employees. with or without cause. Rights to Eraplayer's Assets. No Employee or beneficiary shall have any right to, o~ interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to tJme under this Plan, and then only to the extent of the benefits Dayable under the Plan to suctt Employee or beneficiary. All payments of benefits as p~ovlded for in this Plan shal~ be made solely out of the assets of the Employer. Nonaliena~ion of ~nefi~.~. F-x~ept es provided pursuant to · Qualified Medical Child 8up13o~ Order pursuant to Section 609 of ERISA and Section 4.5 hereof, benefits payable under this Plan shall not be subject in any manner to anticipation, alienation. sale, transfer, assignment, pleclge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, including any such liability whioh i~ far alimony or other payments fo~ the support of a spouse or former spouse, or for any ether relative of the Employee, prior to actually being received by the person entitled to the benefit under the terms of the Plan; and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable hereunder, shalt be void. The Employer shah not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to benefits hereunder. Divestment of Benefits. Subject only to the spedtic provisions of this Plan. nothing shall be deemed to divest a Participant of a right to the benefit to which the Participant becomes entitled in accordance with provisions of this Plan. Unclaimed Accounts. If th~ Employer shall be unable within ni~ety (gO) days after any amount becomes due and payable from the Plan to a Participant or beneficiary, to make payment because the identity or whereabouts of each person cannot be ascertained, the Employer shall mail a notice by registered mail to the last known adOross of su03 person outlining the action to be t~ken and descrroed in this sea-'tiaa 10.5. Unless such person makes written reply to the Employer w~in thirty (30) days from the mailing of such notice, the Employer may direct that such amount and all furlher benefits with respect to such person shall be discontinued, and all !iability for the payment shall terminate; however, in the event of the subsequent reappearance o[' the Participant or beneficiary prior to term]nation of the Plan, the benefits w~ich were due and payable ~nd whioh such per,son mi~ed sh~11 b~ paid in e ~ingle sum. Discontinuance of Con.buttons, In the event eta permanent discontinuance of contributions to the Plan. ~11 Participants shall race{re any and all benefits to which they were entitled as of the date the disconthuance of contributions o~urred. Non.guarant~ of Ta~ Consequences. The I-_'mployer makes no commitment or guarantee that any amounts paid to, o~ for the benef'~[ of a Participant unc[er this Plan will be excludable from the Participant's gross income for Federal or State income tax purposes, or that any other Federal or State tax treatment will apply to, or be available Io, any Participant_ It snarl be ~e obligation of each Participant to determine whether each payment under this Plan is exc. luda~)le from the Participant's gross income for Federal and State Income tax Durooses. and to notify the Employer if the Participant has reason to believe that any such payment is not so excluda~le, Indemnification of Employer by Participants, If any participant receive3 one or mare payments or reimbursements under [his Plan that are not for qualified expenses, such Participant shall indemnify and reimburse the Employer for any li~t>,~ity it may incur for failure to withhold Federal or State Income tax or Social Security tax from such payment or reimbursements. However, such indemnification and reimbursement shall no~ exceed the amount of addilJona[ Federal an~t State income tax that the Participant wouKI have owed if the payments or reimbursements had been made to the Participant es regular cash compensation, plus the Participant's share oF any Social Security tax that would have been paid on such compensation, les~ any such additional income and Social Security tax ~ctua!ly pai~ by the Partic[pant. 12 NOV 8 ooo / 09/05/2000 TUE 12:42 FAX 5152322950 CBSA ~018/031 10.g Other Salary-Related Plans. It Is intended that any other salary-related Employee benefit plans lhat are maintained or sponsored by an Employer shal', not be affected by this Plan. Any contributions or benefits under such other plans with respect [o a Perticipent ~hall, to the extent permitted by law, be based on the Parlici13anrs total Coml~ensation from the Eml~loyer. inoluciing any Compensation reduction eracunts under this Ptan. The undersigned Employer hereby adopts and agrees to the provisions for the foregoing Plan. and in witness of its agreement has executed or caused the execution of the Plan on , _ By Collier County Government 13 09,'05/20o~ TUE 12:42 FA:~. 5152322950 CBSA ~ul~/uo~ COLLIER COUNTY GOVERNMENT FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION (Amondod 1/1/2000) NOV 2 8 200O u~/0b/2000 TUE 12:12 FAX §L6Z3ZZa$U CBSA ~020/031 SUMMARY PLAN DESCRIPTION OF COLLIER COUNTY GOVERNMENT FLEXIBLE BENEFITS PLAN Dear Perticfipant; Collier County Government has arJoptbd the Flexible Benefits Plan for the exolusive benefit of you and all Participating Employees. Its purpose is to reward you for loyal service by enabling you to select certain employee benefits that will best fit your individual needs In a tax-effeclive manner. If you elect to use the Danefits of tl~e Flexlille Benefits Plan, you may' realize savings of inoorne tl~xos end ~ociel ,.qecurity texao. Collier Count~ Government has established thio Plan with the intention that it will be continued indefinitely, but Collier (~Dunty Government does reserve the power to amend or terminatethis Plan at any time. Tha Plan Is a written document which sets furth the provisions of this fringe benefit program. In order to find out how t~e program aftacta you and your family, you may read the actual document (copies are available to you at the offices of Collier County Government. the Plan Administrator during regular business hours). However, In order to hell~ you understand this program, we have ¢ondensed your Plan into a series of questions and answers which summarize and explain me provisions and benefits available under the program. If you want additional information about the Plan, please contact the Human Resources Manager at the address or phone number listed In the Important Information section. This summary is not meant to interpret, extend or change the Plan in any way. In case of a conflict between this summary anr~ me actual provisions ot the Pian, tile prowsions of the Plan will govern your rights ant benefits. IMPORTANT INFORMATION Effective Date: Janua~ 1.1992 Plan Year; Januaw 1through December31 Benefit Option(s): Pre-tax premium payment for group health, dental, vision, supplemental life, supplemental accident, long term disability, cancer, short term disability and personal accident insurance, group term llfe, medical expense roimbursemont, and de. pendent care a~istance. Employer: Collier County Government 3301 E. Tamiami Trail Administration Building, 4~h Floor Naptes, F[orica :~4112 941-774-8461 Employer Identification Number: 59-600055§ Plan Number: 510 Plan Administrator: Contact(s) at Plan Administrator: Address: Collier County Governinert 3301 E, Tamiemi Trail A0ministration Bullcling, 4~ Pieor Naples, Florida :34112 Telephone: 941.774.8461 0v 2 8 200u I Number of Flex Deductions: Maximum Allocation: Changes in Status: Continuation Coverage (COBRA): W~ere to Send Claims: Deadline to Submit Claims to CBSA: End of Plan Year: Upon Termination: Flex Checks: Minimum Reimbursement; From 24 payroll checks. Meaical Expense Account: $1 ,ZOO Dependent Care Account: $2,600155,000° 'See "Dependent Care Expense Relrnbursement Account' under Question//2. CBSA and Collier County Coveinmont must be nottried within 30 days of the change in status event. See Question #10. If you terminate participation in the Flex Plan you will have 60 days after tt3e sate of termination to ~ect continuation coverage under COBRA if you qualify. 8e¢ Question/t12. Flexible Benefits Department Corporate Benefit Services of America, Inc. PC Box 707, Ames, Iowa 50010 National Toll-Free 11-800-262-3875 Fax ~515.232-2950 24-Hr. Account Status #800-$15-4424, Ext. 304 Tuesclay of week prior to reimbursement. You will have 90 days after the end of the plan year to subroll claims incurred through December 31. See Question #16. If you terminate participaUon in the Flex Plan you will have 90 days after the end of the p~an year to submit claims incurred while you were a participant, See Question #16. P, eimbursemen£ checks wiJl De mailed to your home each weeK. $10.00 ELIGIBILITY 1. When am 1 eligible to join the Plan? Pro-tax Premium Account: Dentat, Vision, Cancer, ,Short Term Disability and Per~on~l Ac¢idenf Insurance t~remiums: A full-time employee of Collier County Government who: (a) works thirty (30) or more hours per week on a regular basis; is eligible tO participat. e in the Plan. tde~lth, Group Term Life, Supplemental Life and Supplemental Ac~lclen! Insur-dn~e Premiums: A full-time employee of Collier County Government who: (a) works thirty (30) or more hours per week on a regular basis; and (b) has completed sixty (60) days of service; is eligible to parlicipate in the Plan. Long Term Disability Insurance Premiums: A full-time employee of Colilar County Government who: (e) works thirty (30) or more hour~ per week on a regular basis; and (b) has completed ninety (90) d~y~ af servi~e; i~ eligible to participate in the Plan_ An Employee employed on the Effective Date, who has met the eligibility requirements, may elect to participate on the E13ectlve Date. Any other Employee who elects to become a Participant will became n Participanl in the Plan on the first day of the month after the Employee meets the eligibility requirements. Any Employee who does not elect to participate 09/05/2000 T-LTE 12:43 FAX 5152322950 CBSA ~022/031 in the Plan on the date the Employee first becomes eligible, may later elect. to begin participating as of the first day of any subsequent Plan Year, except for a Change in Status. Medical Expense Reimbursement and Dependent Care ~.~pen~e Reimbureement A~unte: A full-time eml~ioyee of Collier County Government who: (a) works thirty (30) or more hours I~er week on a regular basis; is eligible to participate in the Plan. An Employee employed on the F..ffectlve Date, who has met the eligibility requirements, may elect to participate on the Effective Date_ Any other Employee who elects to become a Participant will become a Participant in the Plan on the first day of the month after the Employee meets the eligibility requirements. Any Employee who does not elect to participate in the Plan on the date the Employee first Decemes eligible, may later elec~ to be,gin partioipafing as of the first day of any subsequent Plan Year, except for a Change in Status_ CONTRIBUTIONS AND BENEFITS What are the benefits available to me? An Employee may choose under this Plan to receive the Employee's full compensation for any Plan Year in cash or to I~ave a portion of It applie(~ by Collier County Government toward the cost of one or more of ~e Benefit Options listed above in the Important Information section. MEDICAL EXPENSE REIMBURSEMENT ACCOUNT The Medical Expense Reimbursement Account erdabias you to pay expenses which are not covered by an insured or self-insured meclical plan and cave taxes at the same time. The acoount only ellowe reimbursement of out-of-pocket expenses incurred by you and your dependents which meet bhe criteria for deductibility as medical expenses under Code Section 213(d). During the course of the Plan Year you may ~ubmit requests for reimbursement of qualified medical expenses you have incurred during the Plan Year. Qualified Expenees are t,oee mecJica], dental and vision expenses which are incurred on an irregular basis during the Plan Year. Collier.County Government will provide you with acceptable forms for submitting these requests for reimbursements, If the request ctualifies as a benefit or expense that ~e Plan 13as agraeel to pay for, you will receive a reimbursement payment soon thereafter. Remember, those reimbursements which are made from the Plan are not subject to Federal income tax or withholding. ~ny monies [eft in your Medical Expense Reimbursement Account at the end of the Plan Year will be forfeited. Obviously, qualifying expenses that you incur late in the Plan Year for whicn you seek reimbursement after the end of such Plan Year will be paid first before any amount is forfeited. However, you must make your requests for reimbursement no later than ninety (90) days after the end of the Plan Year. Because It Is possible that you might forfeit amounts in your Medical Expense Reimbursement Aocount if you do not fully use the contributions that have been ma~e, it is important that you decide how much to place in the Medical ~xpense Reimbursement Account carefully and c,~n~ervetlvely. Remember, you must decide how much to place in the Medical Expense Reimbursement Account before the Plan Year begins. You want to be as certain as you can that Lhe amount you decide to place in the Medical Expense Reimbursement Account will be used up entirely. The maximum amount Ot Flexible Dollars that you can allocate to your Medical Expense Reimbursement Account eaoh Plan Year for Qualified Expenses shall be dolerained by the Employer prior to the beginning of each Plan Year end such amount for the 2000 Plan Year shall not oyceed $1,200. 09/05/2000 T~ 12:44 FAX 5152322950 CBSA ~023/031 DEPENDENT CARE EXPENSE REIMBURSEMENT ACCOUNT T~e Dependent Care Expense Reimbursement Account enables you to pay for out-of-pocket, wor~<-related dependent dayrare cost~ with pro-tax Flexible Dollars. Ir you are married, you can use l/so account It you and your spaufo both work or, in some situations, if your s~>ouee is disabled or goes to school full time. Single Employees can also use the accounL An eligible dependent is any member of your household for whom you can claim expenses on Federal Income Tax Form 2441 'Credit for Child and DepenCent Care Expense. a". ff you choose to utilize the dependent care portion of the Flex plan, you should review the IR$ Tax Form 2441 for proper tax reporting. Children must be under age thirteen (13). Other dependents must be physically or mentally unable to care for themselves. Dependent Care arrangements which qualify include: A Dependent (Day) Care Center, $o long as care is provided for more than six (6) individuals. The facility must comply with applicable state and local laws: An educational institution for pro-school children. For older children, only expenses for non-school care are eligible; An "Individual' who I:)rovldes care inside or outside your home. The "lndividua!" may not be a dsild of yours under age nineteen (19) or anyone who you claim as a dependent for Federal tax purposes, You should make sure that the depend~nt care expen~e.~ you are currenUy paying qualify under our Plan. The law place~ limlt~ on the amount of money that you can contribute to the Dependent Care Expense Reimbursement Account. Also, Federal tax laws permit a tax credit for certain dependent care expenses you may be paying for even if you are not a participant ir~ this Plan. You may save more money if you take advantage of this tax credit rather than using the Depenclent Care Expense Reimbursement Account uneer our Plan. If you arc uncertain, you should a~k your tax adviser which i.~ betler for you- During the course of the Plan Year, you may submit requests for reimbursement of qualified dependent care expenses you have incurred dudrig the Plan Year. Collier County Government will provide you with acceptable forms for submitting t~ese requests ¢cr reimbursements. If tise request qualifies as a benslit or expense that the Ptan has agreed to pay and if you have sufficient Flexrole Dollars in your Dependent Care F. xpen8e Reimbursement Account. you will receive a reimbursement payment soon thereafter. Remember. these reimbursements which are made from the Plan are not subject to Federal income tax or withholding. Any monies left in your Dependent Care Expense Reimbursement Account at the end of the Plan Year will De forfeited. Obviously, qualifyin9 expenses that you incur late in the Plan Year for which you ~eek reimbursement after the end of suct~ Plan Year will be paid first before any amount is forfeited. However. you must make your requests for reimbursement no later than ninety (90) days after the end of the Plan Year. Because it is possible that you might forfeit amounts in your Dependent Care Expense Reimbursement Account if you do not fully use the c~ntributions that have been made, it ie irnp~)rtant that you d~ide how much to place In th~ gepend~nt Care Expense Reimbursemerit Account carefully and conservatively. Remember, you must decide how much to place in the Dependent Care Ex~3ense Reimbursemere Account before the Plan Year begins. You want to be as certain as you can that the amount you decide to place in the Dependent Care Reimbursement Account will be uses up antiray. The maximum amount of Flexible Dollam that yes c~n allocate to your Dependent Care Reimbursemenl Account each calendar Year is $5,000 for a single parent or a married parent filing a joint income tax return, and $2,500 for a married parent filing a separate income tax return. The $5,000 limit for a married parent filing jointly is a comblnecl limit applicable to both parents. Each parent does not have a separate $5,000 limit; ancl your election may not exceed your ta~<ebla income or your Spouse's actual or deems0 earned income (a spouse who is a full- time student or incapable of caring for himsel, or herssit has a monthly eamecl income of 5;200 for one dependent or $400 for two or more dependents). N 0 V 8 2 JU'J 09/05/2000 TL~ 12:44 FAX 51523229§0 CBSA ~024/05! PRE-TAX PREMIUM ACCOUNT The Pre-Tax Premium Account allows you to use the tax-free Flexible Dollars to pay your share of the health care premiums under the group health, clantat, vision, supplemental life, supplemental ar.,~ident, long term disability, cancer. short term disability and personal accident Insurance plans or group term life insurance plan maintained by Collier County Government. The right Is reserved for the Plan A0mlnlStrator to terminate, suspend, wl~clraw or modi/y Plan benefits in whole or in pa~t at any time, subject to the applicable p~ovisions of the injurenee contre~cl~ or HMOe, if any, providing benefits described above. Any failure of insurance or HMO benef'[[s, whether due to Collier County Govemmenfs negligence, gross neg:ect, or otherwise, including but not limited to failure to enroll a Participant or pay premiums, shall not result in any liability by Collier County Government to a Participant. Your coverage ~hall terminate when you leave ~-nplayment, if you are no longer eligible under the terms of any Insurance or policies or HMOs, or when insursnce/HMO coverage terminates, whichever happens Any benefits to be provided by insurance or an HMO sha~l be provided only after: (1) the participant has provided the Plan Administrator the necessary Informat[on to apply for benefits; and (2) the coverage is in effec;t for such Partic[pant, The Pre-Tax Premium Account also allows you to use tax-free Flexible Dollars to purchase group term rife insurance coverage unde~ the group term policies available from the Employer. You may purchase additional group term life insurance coverage to the point where the total of coverage purchased oy you and provided by the Employer equals $50,000. The right is reserved for the Plan Administrator to terminate, suspend, withdraw or modify group term life insurance benefits in whole or in part at any time, suDject to the applicable provisior~s of the insurance contracts providin9 benefits. Any failure of Insurance, whether due to the Employer's negllgence, gross neglect, or otherwise, including but not limited to, failure to enroll a participant or to pay premiums, shall not result in any liability by the Eml:)loyer to a Participant. Your coverage will terminate when you leave employment. if you are no longer eligible under the terms of any insurance policies, or when insurance coverage terminates, whichever happens first. Any benefits to be provided by In~u~nce shall be provided only after: (1) the participant mss provided the Plan Administrator the necessary information to apply for benefits; and (2) the coverage is in effe6t for such Participant, 3. Who makes oontributions to the Plan? You will have the option to enter into a compensation reduction agreement with Collier County Government whereby you may irrevocably elect to redirect a portion of your oompensation for the Plan Year, and have this amount, called 'Flexible Dollars", contributed by Collier County Government to a separate benefits account to be used to provide benefice to you under this Plan. Once you have signed [he agreement, you wl]1 not be able to change the amount of compensation red[rected during the Plan year unless you have a "Change in Status', or you terminate from service. This is further explained in question number The total Flexible Dollera you elect to have contributed to the Plan during a year will be withherd in equal Installments from each of your regular paychecks during that year. 4. If I elect to redirect my compensation, how can this benefit me? This can best be shown by the following example: Employee A is married and has two (2) children. Employee A is an Employee at Example Company and earns $20,000 a year. Employee A decided to enroll in the Example Company Flexible Benefit Plan. Employee A elects to redirect $1.500 ($125 per month) of current compensaton into the Plan to ~urchase benefits which would otherwise be purchased with after-tax dollars. NOV z u ZOOO ! 09/05/2000 TTL?E 12:45 FA.S 5152322950 CBSA ~025/031 With the Plan, Employee A is a~)le to pay for the baneilLs with dollars that are not taxed. Employee A's disposable Income with and without the Plan is shown below: With Without Compensation Compensation Redirection Red irection Gross salary $20,000 $20,000 Less: Compensation used to purchase benefits $1 _.5~0 -- Taxable salary $18,500 $20,000 Federal income tax $ 2,779 $ 3,004 State income tax $ 1.110 $1,200 $00ial security tax $1,4:6.5 ~ Total taxes $ 5,304 ~ 3alary after taxes $13,19§ $14,266 Cost of bernefits $ .... ~ 1.600 DISPOSABLE INCOME $13,196 NET ,SAVINGS WITH PLAN $430 Employee A receives $430 ($13,196 minus $12.766) more per year in 0isposable income if Employee A elects to participate in the Plan. 5. If I elect to redirect my ~ompensation, how does this affect my Social Security benefits? Participation in the Flexible Benefits Plan will normally result in Collier County Government and you making lower contributions to the Federal Social Securi.5' system This is likely to reduce your Social Security contributions an0 cOUlO re0uce your benehts. How do I elect to redirect my compensation and have It applied toward the cost of one or more of the optional benefits? You must specify t138 desired optional benefits on the appropriate election form(s). These fen"ns will be proviQed to you at the time employment commences and approximately thirty (30) days prior to the commencement of each Plan Year. 7. What is the deadline to elect one or more of the optional benefits? Each election form should be completed ~nd returned to Collier County Government before the beginning of the Plan year for which your compensation red;rection agreement will apply. 8. If I am a new Participant, when can I make my compensation reduction election? Colilar C. ounly Government will provide you with the necessary election forms when you become eligible to participate. These forms must be completed and returned to Collier Courtly Govemmenl before the beginning of the first pay period for which your agreement will apply. O. What happens if I fall to return a completed election form to Collier County Government by the deadline? If you do not submit an election form to Collier Count7 Government in the year which you first become eligible to participate, you will be deemed 1o have elected [o receive your ~'ull cofnpensatk)n [or that year in cash and you will not have the opportunity to participate t~ntil the next ~'lan Year, except for a Change in 5tatus. 6 NOV 2 8 2000 09/05/2000 TI.~ 12:45 FAX $t$2322950 CBSA ~026/03t 10. Can I change or revoke rny elections during the Plan Year? In general - no. There i~ ~n exceptk~n for a Change in Status if you notify Collier County Government within thirty (30) d~,y~ of the chan{~e event. A Change in Statue occure in the event of: marriage; divorce or legal separation; the death of your sl)ouse or e dependent; the birth of your child and/or your adoption of a child: the issuance of a Qualified Medical Child Support Order with respect to your child or a child of your s~)ouse; the termlna13on oi' employment (or the commencement o1: employment) of your spouse; the switching from par~-time to full-time, or full-time [o part-time employment status by you or your apeuse; and the taking of an unpaici leave of absence by you or your spouse. Election c. hanga~ will also be permitted where there has been a aignifieant change in your health coverage or your spouse's health coverage attributable to your spouse's employment, in the event of your separation from service or in the event of a significant increase in your costs with respect to any fully-insured benefit Plan sponsorea by Coltier Oounty Government. Any new election you make will be effective on the date prescribed by Collier County Government. but not earlier than the first pay perioc~ beginning after the election form is completed and returned to Collier County Government. If you cease to be a Participant in the Plan during a Plan Year other than due to a Change in Status, you may not re-erect coverage for the remaining portion of the Plan Year. Once you have ceased to participate in and to make conb'ibutions to the Plan, your ability to submit claims depends on which of the available benefits you have elected. With respect to the Me(~ical Expense Reimbursement Account, you may only submit claims for medical expenses incurred prior to the date contributions cease and no additional Flexible Dollam will accumulate in the Acc~urlt, unless you have made the total p~jrnents required for coverage during the entire Plan Year. With respect to [he Dependent Care Expense Reimbursement Account, you may continue to sul~mlt claims for dependent care expenses Incurred during the remainder of the Plan Year within which contributions cease but no add[IJonal Flexible Dollars will accumulate in Me Account. Premium payments or contributions for meclical or other elected coverage will cease. 'il, Once I have enrolled, do I have to complete a new election form each year? Pro-Tax Premium Account: No. Only the initial completed election form is required. Medical Expense Reimbursement and Dependent Care Expense Reimbursement Accounts: Yes. An election form muet be completed from year to year. 12. What happens to my elections if I am no longer eligible to participate [n the Plan? Ek,~-ctions mede under this Plan wlll automatically terminate on the date on which you ~,ease to be a participant in the Plan_ However, if you were participating in the Medical Expense Reimbursement portion of the Plan, you have the right to elect a temporary extension of health coverage (called GOBF~ "continuation coverage"). An individual whose coverage has been terminated for any Qualifying Event enumerated below has the right to continue coverage for all beneftts of this Plan if covered for sucl~ benefits on the day immediately 13receding the term[nation date. The time period for which [he continuation is available i$ indicated below in conjunction with the corresponding Cualifying Event. If COBRA is e~ected, coverage Will continue as though termination of employment or loss of eligible s~tus ned not occurred. Any accumulation of deductibles or benefit~ paid prior to ten'nin~tion or loss of eligibility, which had been credited toward any deductible or maximum benefii of this Plan, will be re~ained_ 7 Also, no new or additional waiting periods, pre-existing condition limitations or evidence of good health requirements will apply. If any changes are made to the coverage for employees in Active Work, the coverage provide~ to individuals under this continuation provision will be $~,mllarly changeeL Qualifying Events An eighteen (18) month continuation is available to employees and/or Capendears in the event of any one of the following Qualifying Events: 1. An employee's terminalSart of employment for any reason except gross miscon0uct; 2. An employee's loss 01' eligibility to pa~cipate due to reduced work hours. A twenty-nine (29) month continuation shall be available to all c~vered family members in the event an individual is disabled on or before the date of the employee's Qualifying Event, or is disabled during the first sixty (60) days of the COBRA continuation, If an individual was disabled within sixty (60) days af/,er a Qualifying Event that occurred prior to January 1, 1997, and was stiff coveted under COBP, A as of Janua~ 1, 1997, this individual would be eligible for the additional eleven (1 '[) month extension. :The individual must provide the Plan Aclministrator with notice of the elisability within sixty (60) days of~h~ determination'of the disablity and before the en~ of the original eighteen (18) month COBRA coverage period. The individual must noti~ the Plan Administrator of ~ d~termin~tion by $oqi¢'~l $~urity that the individual is no longer disabled within thirty (30) days of such determination. An individuaI will be determined disabled per Social Secudty guidelines. Athirty-six (36) month continuation shall be available to a dependent spouse anYor child in the event of any one of the following Qualifying Events: 1. An employee's death; 2, Divorce or legal separation from Ihe employee; 3. A dependent child's loss of eligibility to participate due to age, marriage or a change in student status; . 4, A d~p~ndent'~ Io~ or oligiDility to participate in thi~ Plan du~ to the employBe. becoming entitled to Medic~:-~e b~nef~ts as e re=ult of Total Disability or choosing Meoicare in place of this Plan ~t ago ¢[xty-f[ve (65). Individuals may be covered under multiple CualifylnG Events, but in no case will coverage be continued for more t13an thirty-six (36) rnontns. Notice of Continuation An individual has sixty (60) days from the date of loss of coverage as a result of a Qualifying Event or sixty (60) c~ays from the oate the Plan Aciministrator notifies the Indlvic~ual o1' their rights, whichever Is longer, to elect coverage. The Plan AdminTstretor will else ~ot[fy the individ~ol the cost of the continuation. (Payment of premium for Ihe period from the date of loss of coverage to election of continuation is not required until the fifth (45th) day after the election). All payments for coverage after the date of election are subject to a thit~'y (30) day grace period, If an individual waives coverage under COBPA, and later re-elects coverage withir~ the sixty (60) day~, the individual will be eligible to continue coverage under COBPA, However, coverage will not begin until the date Of the ~evocation of the waiver. The indlvidual is required to notify the Plan Adminbtrator within ~ixty (00) days of any Qualifying Event which affects the eligibility of a dependent. [ NOV Z 8 2000 09/05/2000 TUE 12:46 FiZ 5t$2322950 CBSA ~uze/u~, A child who is born to or placed for adoption with the covered employee during a perlocl of continuation coverage will be eligible to become a qualified beneficiary. In accordance with the terms of the Plan and the requirements of federal law, these qualific~l bener~claries can be acided to COBRA coverage upon propa' notltlcation to Gelliar County Government of the birth or adoption. Termination of Continuation of Coverage continuation of Coverage ~hall not be provided beyond whichever of the following dates is first to occur: 1. The ~ate the maximum continuation period expires for the corresponding Qualifying Event; 2. Tile clare this Plan is terminated; 3. The date the individual fails to make the required contribution to c~3ntinue coverage: The (:late the individual becomes covered under any ether group health plan which does not contain any exclusion or limitation with respect to any pro-existing condition; The date the individual has satisfied the pre.existing condition limitation of the group health plan the individual has become ~overed under (effective on the Pian's anniversary date on or after July 1, 1997); 6. The date the individual b~comes entitled to Medicare benefits; or In the month that begins more than thirty (30) days after a final determination has been made that an individual is no longer disabled. 13. What happens to my benefits and ele=tions if [ take an unpaid leave of absence';' If yOU take an unpaid leave of absence due to disability, family or medical leave, or any other reason approved by the Employer1 you shall have the option to: Revoke or (~hange your Compensation ReCurrich Election based on a Change in Status. In no event may your election change reduce the Medical Expense Reimbursement benefit below the amount of benefit used as of ~he date of the election change. Prepay, on a pro-tax or an a~ter-tax basis, all or a portion of the Participant's Flexible Dollar amounts that would normally have been contributed during the 13stied of time that you e~pect to be on leave. You may allocate the 13repayment amount to provide increased. decreased or different t~enefits as specified on your Prepayment Election form. In no event will a change in your election affect the Employer's share of the cost of benefits selected. In fact, a full or complete reduction in the amount of Flexible Dollars allocated toward a benef'~t will result in ~ c~rre~spondin~ reduction in the benefit itself except in c, erl. aln cir(;umstances where the unpaid leave is taken for a qualifying reason under the FMLA. Continue to pay, on an after-tax basis, the Flexib[e Dollar amounts at the same rate and in the same manner as prior to taking your leave (e.g. every payroll pedod), It your payment is more than thirty days late, the Employer may drop your coverage or may continue to p~y for your share of the coverage at the Employer's discretion. However, the Employer may recover from you the cost of any payments made to maintain your coverage unless you do not return to work and such failure to return to work is a result of circumstances beyond your control. Upon retum from unpaid leave, the Participant's original Compensation Reduclien Election will reapply as of the first pay period after return from leave and continue for the duration of Ihe Plan Year. exk:apt for a Change in Status. Re§~rdteS~ uf th~ payment option selected, as Ion9 as you co~d.'lnuu to [nak~ ~;ur][ribul. ion~ to th~ Pla~, the full amount of the coverage elected under the Medical Expense P. eimbur~emant portion of the Plan, less any reduction ~nder 13(a) or 13(b) and less any prior reimbursements. will be available to yo~ at all times, i~c;uding durin9 an unpaid FMLA leave period. However, if you cease to make contributions so that your coverage under NOV 000 14. this portion of the Plan terminates while on leave, yo~ are not entitled to receive reimbursement for claims incurrecl during the period when the coverage was terminated. If you elect to reinstate coverage upon return From leave, your coverage under this portion of the Plan for the remainder or the Plan 'Year will be equal to your odginal Compensation Reduction Electio'~ for the twelve (12) month period of coverage prorated for the period when coverage was terminated dunng [save end reduced by prior reimbursements. You are not eligible to claim dependent care expenses while on a paid or unpaid leave of absence because you are not gainfully employed. What happens when a Medical Child Support Order Is Issued with respect to the medical coverage provided through this Plan? Upon receipt of a Medical Child Support Order, the Employer will determine, in accordance with a written and established procedure, whether the or0er is qualified. If the order is found to be a Qualified Medical Child Support Order, the Plan will provlde medical coverage to your ohi[d without ragand to Plan limitations which may require that you have custody of the child or that the child be designated as your dependent for tax purposes. The child will have medical coverage as of tt~e date of the order, not limited or delayed for either a pre-existing condition or a waiting period. Reimbursements of benefit payments will be made to the child or the chi[d's custodial parent. A Qualified Medical Child ,~upport Order is an exception to the genera[ rule that your bener~t.,~ under the Plan cannot be assigned or alienated. What if I don't spend all Plan contributions? Any FleyJble Dollars which are not uso¢ to pay for benefits you select will be forfeited back to Collier County Government to defray administrative costs of the Plan. Because thTs is possible, you should be careful to authorize only those amounts necessary. to pay for the coverage you elect. HOW GO I submit a claim under tills Plan? Claims f~r reimbursement of expenses incurred during a Plan Year may be submitted at any time during the Plan Year that there are at least $10 of eligible expenses then accrued and unpaid, or during the first ninety (90) days of the following Plan Year regardless of amount. Claims shall also be paid to the extent of available Flexible Dollars allocated to the appropriate 3onefit and shall only be paid out of Flexible Dollars for the Plan Year in whlch bhe claim was incurred. LJnl~s~ you have macle all payments required for coverage during [he entire Plan Year. Flexible Dollars allocated to your Medical Expense Reimbursement Account shall cease to ~e available to pay claims for expenses incurred after the date required payments cease if you, for any reason (including tarm',natlon from service) cease to make the requireC payments with respect to the benefit. Claims incurred prior to [he time you become a P~rticipant for purposes of roe, ervin9 Flexible Deliars and after the Plan Year in which you cease to be a Participant shlall not be covered by this Plan. Claims incurred prior to the time you cease to be a participant are covered to the extent of Flexible Dollars available if such claims are filed within ninety (90) days after the end of the plan year in which you ceased to be a Participant. However, claims must be submitted on ~'orms approved by the Employer, accompanie~ by such written slatemerits from independent ~[r(~ parries, bills, or other pro<)f of incurring the expense es the Employer may require. Payment of covor(x;I claims will be made direcMy to you. The administrator will, subject !o the $10 minimum, pay claims weekly during the Plan Year to the extent that Flexibie Dollars are available. After a[I Flexible Dollars have been exhausted, claims remaining unpaid at the Plan Year end wiii 13e canceled. In no event can these claims be resubmitted the next Plan Year, nor are any unpai~ claims a lial~ili~y of the Employer. 17. What can I do if my claim is denied? If you believe yoL~ are being denied any rights or Danefits under the Plan, you may file a claim in writing with tr~e Plan Administrator. If any such claim Is wholly or partially donled, th6 Plan Admini.strator will notify you of it-~ decision in writing. Such notiftcation will be wriHen and will contain the following: a. specific reasons for the denial; b. Specific. reference to pertinent Plan provisions; A descrip!io~ of any additional material or information necessary for you to perfect sUCh claim and an explanation of why such materie; or information is necessary; NOV S 2ooo d. Information as to the steps to be l~k, en if you wish to submit a recluest for review. ~uci~ not[llcation will be given within ninety (go) days after [l~e claim is receivecl Dy the Plan Administrator (or within 1 B0 days, if special circumstances require. an extension of tirn~ for processing the claim, and if written notice of such extension and circumstances is given by you within the initial gO (Jay period). If such notification is not given within such perigO, the claim will be considered denied as of the last day of such period and you may recluest a review of your claim. Within ebcb~ (60,1 days after the date on whi~h you roesiva a written notice of e denied oleim (or, if applioable, within sixty (60) days after the date on which such denial is considered to have occurred). you (or your duly authorized representative) may: File a written r~quest with the Plan Administrator for a review of your d~niocl elsira and of pertinent documents: and b. Submit written issues and comments to the Plan Administrator. The Plan Admlnleb'ator will notify you of its decision in writing. Such notification will contain specific reasons for the decision as well as specific references to pertinent Plan provisions. The decision on review will be made within sixty (60) days after the request for review is received by the Plan Administrator (or within 120 days, if special circumstances require an extension of time for processing the requesl., such as an election by the Plan Administrator to hold a hearing, and if written notice of such extension ancl circumstances Is given to you within the initial 60 day period). If the decision on review ls not made within such period, the claim will be considered denieC. 18. What are my rights under the law? A~ a participant in the Flexible I~enefits Pl@n, you are entitled to certain right~ and protect:,ons under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provicles Shat all Plan Participants shall be entitled to: E_xam[ne, without charge, at the Plan Administrator's office and st other ~p¢cil=ied locations, such as work sites end union hall~, all plan documents, including insurance contracts, collective bargaining agreements and copies oral[ documents filed by the Plan with the U.S. Department of Labor. Such documents would include detailed annual reports and plan descriptions. However, you may not inspect materials containing confiCentlal information on other Plan partiglpants. be Obtain copies of all non-confidential plan documents and other plan information upon written request [o the Plan Administrator. The Administrator may make a reasonable charge for the copies. in addition Io creating rights for Plan Participants, ERISA imposes cluties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your Plan, called '~iducieries" of the Plan. have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your Employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ER18A. If your claim for a w~lfare benefit is denied in whole or in pad you must receive a written exp[anatlon of l~,e reason for the denial. You have the right to have the Plan reviewed anc~ reconsldar ycur claim. Under ERISA, there are slops you can take to enforce the above righis. For instance, if you request materials from the Plan arid do not receive them within ~irty (30) dayS, you may file suit in a federal court. In such case, the court may require the Plan Administrator to provide the materials and pay you up to $100 a day until you receive the materials, unla~ the material~ were not ~ent because of reasons beyond the control of the Plan Administrator. If you have a claim for benefits which Is denied or ignored, In whole or in part, you may file suit In a state or federal court. If it should happen that plan fiduc. Jaries misuse the Pisa's money, or if you are discriminated against for asserting your rights. you may seek assistance from the U.S. Deparlment of Labor. or you may file 11 N0V'2 8 2000 09,'05,'2000 TUE 12:48 FAX 5152322950 CBSA ~031/031 suit in a federal court. The court will decide who ShOUlCi pay court costs anU legal fees- If you are successfiJi, the court may orCer [he person you have sJed to pay these costs and fees. If:you lose, the court may order you to poy the~¢ costs end fees, for example, if it f'[nds your claim ie frivolous. If you have any questions about your Plan. you should contact the Plan Administrator. It'you have any questions about this statement or about your rights under ERISA, you should contact the Chicago Regional Office of the Pension and We[fare Benefits Administration, U.S. Department of Labor at 200 West Adams Street, Suite 1600, Chicago, IL 00000 or by telephone at (31Z) 3,~3-O900 Or the D~vl~lon ol' Tecfinl¢ol Assistance and Inquiries, Pension and Welfare Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. 19. Can the Plan be terminated or amended? Yes. Collier County Government reserves the right to terminale, suspend, withebrew or modify plan benefits in whole or in Dart at any time by action of its Board of Directors, subject to the applicable provisions of any insurance contracts providing benefits described above. However, no such change will caus~ you to forfeit any funds you had contributed tO the Plan prior to tile change. In aOdltlon, any insurance carrier may cancel insurance policies for under-enrollment or for nonpayment of premi~Jms in certain circumstance,s, Ally failure of insurance bensfiLe, whether due to Collier County Governmantle negligence, gross neglect, m- otherwise, in~uding, but not limited to, failure to enroll a Participant or to pay premiums shall not result in any Ilab[llty by ColIlar County Government to a Participant. Your coverage shall terminate when you leave employment if you are no longer ~li~ible under the terms of any of the Insurance poligies or benefits provided by this Plan, or when insurance coverage terminates, whichever happens f-,rst. Any benefits to be provided by insurance shall be provided only after: (1) you have provided the Plan Administrator the necessary information to apply for insurance; and (2) the insurance is in effect for you. .i. i.i '~ EXECUTIVE SUMMARY .~ APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND HERITAGE SQUARE REAL ESTATE, L.L.C~ ~!~IF,,.CZ,X.13~: .Approval of a Lease Agreement between Collier County ("County") and Heritage Square Real Estate, L.L.C. (Landlord) in order to lease office space for the SheriWs Office. CONSIDERATION: Presently, the Sheriff's Office is utilizing 13,511 square feet of office space at the CDS building, formerly the Barnett Bank Administrative Center, located on Horseshoe Drive. Staff has been directed by the County Manager to proceed with securing a Lease Agreement in order to utilize the entire building totaling 35.,000 square feet to commence on January 1, 2001. Staff has negotiated a five (5) year Lease with two (2), one (1) year renewals. The Lease shall be considered a triple net lease resulting in the County paying rent, general interior and exterior maintenance, utilities and real estate taxes at the subject property. The annual rent shall be $455,000.00 for the firit year and shall be paid in full fifteen (15) days after execution of the Lease by the County, and then shall be paid monthly each year for the remaining term and any renewals thereto. After the first year of occupancy, the rent shall be increased by four (4) percent each year thereafter throughout the life of the Lease. The first rental payment to the landlord shall include a $50,000.00 option payment to validate the County's purchase option contained in the Lease. This amount will be held in an interest- bearing account (4% annual simple interest) and shall be refunded to the County if the purchase option is not exercised by the County by March 31, 2001. The Lease contains an option for the County to purchase the subject property which includes a vacant lot to the south of the existing building which can accommodate a 30,000 square foot building. The sale price contained in the Lease Agreement has been established by the landlord to be $4,900,000. The County will be required to exercise its option to purchase the subject property by March 31, 2001. If the purchase option is exercised, the $50,600.00 option payment will be applied towards said purchase price. Pursuant to Florida Statute, the County. will be required to obtain two (2) 'independent appraisals on the subject property prior to purchasing same. At this time, staff is requesting approval of the proposed Lease pending final review of the Lease Agreement by the County Attorney's Office and execute same at a later date by way of memorandum to the Chairman of the Board of County Commissioners. FISCAL IMPACT: The annual rent of $455,000 must be paid in full within fifteen (15) days following the County's execution of the Lease. This rent charge was budgeted in the General Fund Board Paid for Sheriff account. Any and all utility charges, real estate taxes and maintenance costs as required to be paid by the County pursuant to the terms of the Lease Agreement will also be charged to this account. - - GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Heritage Square'Real Estate, L.L.C., authorize its Chairman to execute same at a future date pending final review of the Lease Agreement by the Office of the County Attorney and approve any budget amendments that may be required to provide the landlord with the $50,000.00 option pay~nt;~posit. Michael H. Dowling, Senior Sp[w, Jilist, R~al Property Management Departme/~t / J~o-Anne V~arcoe Learner, Administrator, Support Services Division no. NOV 2 8 2000 Pgo.. / _ 9-00; 5:39PM; Fax: 941-642-0722 Nov 9 2000 10:52 P.02 LEASE FOR ARTICLE 1 - PARTIES HERITAGE SQUARE PEAL ESTATE, L.L.C., a Florida Limlted L/ability Company, ("Landlord"), and COLLIER COLTNTY, FLOR2DA. a goverrnnm~tal entity ("Tenant"), hereby enter into a lease for all p~'poses/red w/th aQ nights arid respensibili~/e$ as follows. . ARTICLE 2 - AREA AND PURPOSE OF LEASING Rented Area 2.01 Tenant is leasing in accordance w/~h all the provisions of this lease insi~n.tment, 2373 Horseshoe Drive East~ Naples, Florida, togefi~ with all the appurtenances and hnprovcmznts of which it consists ~hereafter the prcm/ses or the prop~;y). The parties agree that a~other bufiding or s~,ucru~e may bc built on the Yacht land ¢ont/~.~ous to the bu/lding, wh/ch may be leased, sold or then managed, hypoth¢cated, convcyod or transferred by Lancl[ord; i/'lease~ T~'nan; shall have r/ght of~rst r¢~usa~ as to the first offer oileased space. [n that event, parking and access may bc provi~d to such other strLlctul'~(s) over or or~ ex/st/r~g pa.rkirq/a~ld access to the buitding being leased by Tenant (s8.mc b¢in~ not exclusive. for all by T~nant]. No ax/dit/orm! bu/id/nA ',vii! be bu/lt if Tenant ti.o~eJ¥ ex~r¢i_~e~ and'closes o~_ ~chasc option, b..ut ad_~_~atla[_b_uildinz rn~¥ be built if opt/on per/od ex~_.ir~s a~d opt/on is not l~rpose of Rental 2.02 Tenant is ]ea~ing the ~pace, and w/l[ use and ma=age the space cxciu.sively, £or operating and col~duct/=~ its governmenta[ Page 1 of 23 AGENpA ITEM No..i/..~ -~'-t' .,~L- NOV Z 8 2000 Pgo li- 9-00; 5.'39PM; ;9414039505 WILLIR~I 6. WdRRIS Fax:941-6a2--0722 Nov 9 2000 10:52 P. OS # 3/' 29 Transfer of Tenant's Interest 2.03 TenarR w~11 not assign, or mortgage all or any par~ of~c ~ace, nor pc~t concessions of ~y so~ ~ ~c sp~cc, but may sublo~o o~y w[~ L~dlord's ~en cornant up to 4~% of~c lc~d ~acc of~c ~pace. ~y p~ssi~ or ~ ac~c~cc by ~o~ to ~y ~f~ of~cc or conUol wi~ not be, nor bc co~ robe, p~ssion for or w~v~ of ~y ~bsequent ~f~. U~e~ e~ssly ~cd ~ ~ o~e at ~e ~e of periOd ~f~, no such ~si~ent offi~ ~d b~fi~ by T¢~t ~d~ ~s lease will r~movc Tc~t ~ p~on~ r~spomibiliW fm duties ~d obliga6ons cov~ted here. . .~TICLE 3 - ~ OF LEASE 3,01 ~e t~ offs le~e ~ll be~ on ~ 1, 2001 ~d ~d wi~ December 31, 2005. ARTICLE 4 - COMMON AREAS AND PARKING AREAS Maintenance and Use of Common Areas 4.01 Tenant will arra,r~e and pay to maintain continuously all the thoroughfares for vehicular and pedestrian traffic and all common ar~as and park/rig re. teas subject to Landlord'~ approval. Tenant and all those having business with it will, in common with ,ny other tenants and their invites, have the right to use and enjoy such facitities for their intoreded purposes, Landlord, which will not be. unreasonably withheld to uudutwrestrict Tenant'~ u~e o[th.c premises..Tenant agrees to honor and enforce rules and regulations relating t~ such areas as appenclmi to this leme or as later ac~ptexi or ameneked by Landlord. All current uses of the property. and ex/sti~g signag~ arc c~emcd proper under this lease. Page 2 of 23 11- 9-00; 5:391nM; IdlLLII::IM G. HOERIS Fax :941-6~2-0722 Nov 9 2000 10:53 P. 04 Employee Parking 4.02 T~-naut will make ill reasonable efforts to have employees who park automobiles at the property us.c such arcs as is specified by Landlord,' Landlord's Restriction to and Maintenance of Leased Space 4.03 Tenant will maintain the space from and including its interior perimeter at its own expense, keeping it at all times in good condition and working o. rdcr, Tenant will not interfere with the structures enclosing or surrounding the sp~ce, and will not attempt to conduct business, or to display signs in such places (other than as arranged with Landlord), without the written . permission of Landlord. Trash Removal 4.04 All trash and garbage will be stored within the premises or in dumpsters on site. Tenant must keep the property neat and clearL and arrange sad pay for trash and garbage removal: ARTICLE $ - RE~I'S AI~'D RELATED CHANGES Security Dep fait 5.01 Along with the fu~t installment of basic rent due undc-r thi~ lease, Tenant will deposit with Landlord, as security for the performance of any of its financial obligations or r~ponsibilities under this lease, the amount o£~'fi-~ $50~000.00. l.n additicrn to any o~c-r remedies or relief Landlord may have under this lease, it may resort to all or any portion of the security deposit to remedy any outstanding default of Tenant to the extent such default has a f=,ed monet'sty value undor the terms of this leas=: and may use the deposit only to such extent. If and when the particular default is cured, and Tenant is not othervase in material default und~-r Page 3 of 23 9-00; 5t39PM; ;9414039505 WILLIRM B. MORRIS Fax:gZll-642-07'22 Nov 9 2000 10:53 ; the least, Tenant will have a new material obligation to immediately d~osit with Landlord adequate sums to restore the amount of security ~rst deposited to its origimal ~nount. At the end of the term as o~ally scheduled or as expanded under any exercised option, Landlord will ~,,~'~tiatU, y z~xm~ th~ security dcl~osit ~zRhin 1.5 days, lc .ss..appmpriatc d~duction~. y,'ill add si~_plc interest of 4%per yca~~e_,~tuod~d dcposilL Basic Rent and Sales Tax 5.02 Tenant will pay a basic msimurn rent to Laadlon:l of FOUR H'U'ND~D FIFTY' FIVE THOUSAND DOLLARS ($455,000.00} for the fiz~ yeas: due in advance withi~ 15 days of execution of this lease. R~-at for *Ym second year shall b~ FOUR I'{UND~D SEVENTY THREE THOUSAND DOLLARS ($473,200.00) and shal~ be due Jaauary 1, 2002. Axmual rant shall ~ercat't~r increase 4% per year, but beginabag with Yanuary 1, 2003, axmual r~at shal~ be payable m 12 equal monthly Jasta]]~ents on the first of each month. Any r~tal paymeat nor paid by ~¢ tifteenth day after i~ is due shal~ ~erefore be due with additional ren~ of a late cl:u~rg¢ of $% of the amount of the imtaltme. m. In the ~e.m of da'fau~t ~ paymere of reS by the Tcuan~, 1:1a¢ ¢nti~ r~'n~ duc for the mm~nd~r of the term shalt be a~¢¢l~ratcd az~d due immediately upon fa~luxe of Tenant to r~-nncdy sucl~ d~£au.l~ after ~hree (3) days notice ~om Landlord (and it is agreed that such t~ree day notic~ may be posted oa the l:~mis¢s) Tea ~ant will also pay all sales tax due era all rcnX or oth~x paym~ats und~ the l~as~. 5.03 Laudlord: Additional Costs Termat will also arrange ~6 pay fo~ the followiag, m a maan~ acceptable to Page 4 of 23 AG£~)A ITEM NOV 2 8 2000 11- 9-00; 5'.39F~M; ~ILLI~M G. MOrrIS Fax: 941-642-0722 Nov 9 2000 10:5~ P. 06 (a) Garbage and trash r~moval ~om common areas; maintenance ancl rcpak of (1) ~1 p~ng lot raftaces, s~ice ~eas ~d co~s, ~clu~ clc~g, swe~mg, p~i~, s~pi~ ~d rescuing; (2) sidew~, c~bs, ~~s, b~rs, fences, sevens. fia~oles, bicycle rac~. id~fica~on si~s, ~r~ti~ si~s, ~d o~ ~affic m~k~s ~d si~. ~) Rou~e M~nte~cc ~d o~~ of(1) st~ ~&nage ~d sanit~ sewer syst~s, ~clu~g ~sposal pl~ts, ti~ stamens, c~s ~d ~ntion ponds or b~s; (2) i~~ systems; (3) ~ec~c~, g~; wat~ ~d ~[~hone systems; (d) ~ighting sy~t~ (~cl~ bulbs, poles ~d fix~e~); (5) u~liW syst~; ~d (6) sec~ SyS~f, (c) AO~ M~t~ce of ail extca~ pl~dng, s~bbe~, pl~, Woes ~d o~ l~dsc~. (d) Rou~e M~t~ce ~d rou~n~ r~ of ~ poreohs cf ~e b~dM~ ~d ~e pr~. (e) ~y c~ges, ~pro*~ts or mo~ficado~ to te Co--on Arc~ as ~quked by ~y go~c~cn~ au~ofi~ or rc~lafion, [nclu~ng ~e ~ic~ wi~ D~abi~fies Act of 1990 (42 USC-12101, Costs of elcc~ci~ ~d o~er u~fi~ ~ respe~ to ~he propS. (g) ~y o~ it.s, expenses ~d costs ~ed in co.echo= wi~ the p~p~Y, 11- 9-00; 5t39PM; ;9414039505 I~ILLIRH G. I~RIS Fax:94Z-642-0722 Nov 9 2000 ZO:5a 71 29 {h'l Rc~_ai.r foL _C_lama_e_c_causcd by Tcn~t, or revisions of ~~ ~ conS~ o~t At ~ord's request, ~er no~, ~y or a~ of the forego~ it.s may bo ~ged by L~dlord ~d billed to Tenet ~ ~fio~ rent, ~ pa~ent ~m Te~t due fifteen (15) ~ys after recent of invoice ~om L~ord. Lsndlord' Expens~ Paid by Tenant 5.04 T~t s~ ~zo pay, as ed&~onal zcn~ ~e fo~ow~g cxp~se~ ofL~ord, ~ fifteen (l 5) ~ys ofrcccipt,.~ mvoi~ ~om L~o~ for ~e: (a) Pr~i~ for p~ fiabiliw ~d broad fo~ (or ext~ded cov~g~) ~ ~to~, flood or pc~l insu~cc coverts ~1 or ~y po~on of thc ~d ~or b~I~gs (exclu~ng li~biliW or o~r ~ce c~ed'by m&~d~l t~ ~ ~e pr~).' ~]~ ~ ad v~orem prop~ ~es, t~bl~ pmp~ ~cs ~d gov~l~ asscssm~. U~li~ Se~ic~ and Charges S.05 Tenor ~ll be solely ~iblc for chutes for cons~pfion of all u~li~es ~ec~y z~g ~c preens, w~ ~ ~e ~t~t legible ~ ~1 bc s~nt~ly ~11cd ~ctly by the ~shing ~t~cs to T~t ~o~ dcviccs ofmetc~ r~fi~c~ng s~ces for ~. le~ed sp~e ~xclusi~cly. L~dlord will ~t bc rc~iblc undm ~ Ic~c or o~o~iso for con~n~ or ' q~i~ of u~i~es s~ices;' ~ ~11 ~p~on of such tmon[ to c~~ve evi~o~. Pagc 6 of 23 AG£NOA ITEM Nov 2 8 2000 ~J[LLIRM 6. HORRIS Fax:941--642-072'2 Nov 9 2000 10;5,4 P. 08 5.06 Landlord ~cscrvc the right to construct additional buildi.ugs, structures, and the like on the property and lease or sell same subject toJhc limitations in Section.2.1. In the event of construction of additional occupiable space, upon issuance o'fa ccrt/ficate of occupancy for same, T. cnant's obligations under Scctlon $.03~ 3.0t e,~d $_._02 of this lease shall bc pro rate ba~cd upon the proportion which the gross floor ar~a of~e Pt'cruises leased by Tellant bears to the gross floor area of all r~ntabl¢ space in the property and the description of Qlc area leased by Tenant shall bc e.mcndcd to reflect the exclusion of the new occupiable apace not leased by Tenant. ARTICLE 6 - CONSTRUCTION AND REPAIRS Alterations in or Additions to Construction 6.01 Landlord will bc cntitle~ at any time, to raakc addirious to, or alterations in, the buildin_e and other portion of the premise, so long as all reasonable steps ~ud precautions ar~ takc'n not m interfere with the conduct of Tcnant's business at th: rime, ~nd Tenant is allowed continue generally uninterrupted in business operations. - Tenant will be ent/tled at any time to alter or add to the improvements of the interior of its space so lon$ as such cons~'uction does not mtcrfcr~ with tl~ normal conduct of business provided Laudlord'$ prior written approval is obtained. Repair of Geuural Damage 6,02 If the leased spume ~ any partion of it ~hould become dzun,,gcd or destroyed by c~ualty. it will be r~paired at the sole cost of the party responsible for insuring the psrricular d~n~ged area as soon as known and reasonably possible. To *,he o~tent the damag~ portion of spa~ is .not occupiabl~ for Tcnant's business purlsoats, the basic rc-nt will be suspen~d as to such portion oz~ly, such part ofr~nt to bc Page 7 of 2] ITEM 11- 9-00; 5'39PM; ;9414039505 WILLIRM G. MORRIS Fax:g41-6z;2-O?22 Nov 9 2000 10:54 P. 09 # 91 29 calculated on ratio of damaged area'to whole leased a~ea, and only until the improvements of such portion are restored to the point where they ar¢'tenantable for business again. If the occupiable sp~:e remaining is insufficient in itself for the conduct of Tcnant's business in terms of its pt/or operation in the ~mt~r~ty of leased space, the whole.of the basic rent will bc suspended · until a sufficient space .for business operations is so restored; ~ which the b~sic rent will be resumed pro rata, ~s above-described, only as to such space. Either Landlord or Tenant n~y elect to cancel this lease on th/rry (30) days' wriUen notice if Landlord is unable to repair d~magcd ~rcas in Landlord's 'responsibility within sLx (~ months from date of accident, including the p~riod of written notice of such by Torrent, providr~ however, such right to c~ncel sl:u~.ll not arise if such damaged space amounts to less than t~venty p~cent (20%) of the leased space and'dries not substantially obstruct Tenant's business operation as ~stablished. Repair of Exterior Glass 6.03 Tenant will replace s~d pay for all brok~ glass immediately with respect to any glass featured on the exterior of Tcn~nt's space, whether or not ttm same g~ass is also contained on the interior of.the sp=cc~ whether duc to repair. r~-placement or by ~'~ L~2d~d'~, ~,c~ ~,~ ~, T~n~nt's initiative, but all such r~lacements will be at Tenant's ~xpcnse. Improvement~ ,~'t er 6.04 Any improvements'on the property - to the extent th~-y constitute matters which may be removed without dan~ffe to the property, or ~re a~rually removed and ~he properW is able to be and is restored by ~e r~moving part - remain the property of the party paying for the improvements; and at the end of the t~-rm as ~rrang~d for under this lcas~,. Tenant may rc~nov¢ Page S of 23 F,\C~O$l,~OSxi, l~rie~eJ,,c o~e~ ~out~ WILLIRM 6. MORRIS Fax:941-642-O?22 Nov g 2000~ 10:55 P.,10 the' then ex~nS irapro're. merits belonginS to it fi'om the space. ~y such ma~crs noL~cmov~ at ~e ~d of the te~ ~ffi be co~idc~ to have reve~ed to ~c sta~s ofb~ng improvcm~ts belon~n~ to Mn~ord or to ~vc been ab~ncd ~ to ~1 T~t's fi[hts or clai~,' ~d ~1 bc · t L~ord's sole ~spo~. ~ cOSt ofrcmo~ s~ be ~e T~t's ~sponsibfii~. 6.0~ No si~ wfil be pe~ffcd'~out ~e ~en cogent of L~ord, but L~ord~s · cons~t ~i~ ~ b~ ~asoaably ~ctd. ~ ~e event ~y gov~cn~ m~la~on l~i~ silage i~ I fashi~ more r~c~ve ~ ~at in.effect on ~tc of~e execu~ offs le~e, T~t a~ccs to b~ bo~d by ~y dccisi~ of ~d co~c~ing silage ~ co=fo~ to such more ~cdvc rc~idou (~clu~g but ~ot l~d to m~fication or ~ov~ of ~y of Tc~r's si~ge). ~ Condi~oninE, Heating and Plumbing 6.~ Tenet sh~l bc rc~iblc f~ ma~t~ce, ~p~r ~d one ~f~e cost of AR~ 7 - L'O~ CONSIDE~IONS ~odifica~on of Lease 7.01 If fin~ci=~ ~c~le ~ L~o~ may be ebbed o~y by modification of e~s~i leases, ~cl~g ~s lcssc, ~¢~ Tc~t ~hall coopsare ~ ~ood fm~.m mo~ ~s l~s~ p~d~d ~t T~t wo~d not be ~tc~y ~d dc~ta~y impacted by ~e mojicleon. P~ge 9 o£ 23 ' I ~£NDA ITEM · NOV 2 13 2000 ~LL~ G. HOI~S Fax:gZlZ-642-O?'22 ~v 9 2000 zerOS P. ~! lSosition as to Mortgages. 7.02 Tb.is lease (a~td any sublease) will be subordinated to the lien of any mortgage or deed of trust coveting the property con~air~inff the space occupied by-Tenant, whether such lien is pr=sently in e~stencc or will be ere&ted at a subsequent time. Tenant will si~n ~uch documentation as may be mqae'sted by'Lar~ord to confirm subordination of the lien to any financing hereafte'r secured by the premises, provided such documentation contain~ non- disturbance provisions reasonably sufficient to Ten,snt. Estoppel and Attornment of Tenant 7.03 In t!~ event of any s~lc or lca.se by Landlord o£its interest in the property, Tenant will, on demand of cith~ Landlord, or its actual or potential tran.sfcx¢c, or settlement ¢1ork or o ¢r agent of the Landlord or rransferee, s nd an estoppel certificate. If Tenant fails to submit such esto~el cemficate within ~n (10) days of such wrinen demand, it viii have waived as a~ainst such actual or'proposed rransferee any claim r. hat the lease is not in full force and effect' and any claim f=r offset against Landlord of any Wpe to that time. T=nant shall attorn ~o any transferee of Landlord's intcr=sz, wh=r. her such tr~usfcr Ms bccn'ccrn/ummatcd through a~r¢¢ment or foreclosure of any kind. ARTICLE $ - INSU~CE AND INDEMNIT~ L~ndlord's Iasursnce Obll~tstions ~.01 Landlord will maintain insurance to protect all structural improvemen~ or,he building, including, but not limited to, ~ industry standard promises liability, property damage ~om all insurable sources. such as fire and hazzrdous iz~tallations, theft, ~ud oh= like, of the l:rremi~,~.~ for which Tenant will pay ~s additional rent. Page 10 of 23 9-00; 5:39~M; ~JILLIRH G. MORRIS Fax: 941-642-0722 ;9414039505 ~t 12/ 2.9 Nov 9 2000 10:55 P. I2 Tenant's Inkyrance Obligations- - 8,02 Tenant will maintain and solely pay fox insurance covering all casualtie~ or thefts which may occur within or at the leased spacc, or for insurable occurrcnccs which may be' attributed to causes emanating from the leased space, nazrdng Laudlord or entities designated by it for such purposes as additiorml insured. Such ragurance policies will be in afc, J-,i~: a~d be placed with insurers rea'son&bly a'cccptable to the Landlord. Tenant will caxry policies of at least the followi~e limits: injury or death to person~, $1,000,000.00 per person and $1,000,000.00 per occurrence; damage to property $100,000.00 per occurrence. La.ndlox'd may ii~spect the space at reasonable times on notice to Tenant that the inspection will be for purposes of dctcrrnining insurance recluiremcnts. After such inspection, if Landlord gives written notice to Tenant that particular. items are not covered or are inadequately covered by insurance on the ~p~cc, T~nan~ will immcdiatcly proceed to so cover such items and ' furnish Landlord with copies ofpohcies as above provided, Tenant's Indemnifications 8.03 To the m __axiraum eai.t_~'tt ~alLowablc by law, Tenant will indemuify and hold Landlord hazrnless from any claim or in any litigation arising out of occurrences in or at the leased space or as occasioned or suffered by Tenact or a~y of its employees, ageats, or persons in attendance in or it such sp .a~c, iacludlng auy dama§es a',~g for such ;l~ims, Or for costs or attorney's fees and aot caused solely by the willful or a¢lliicnt acts of Landlord or Landlord's agent(s), Commission~ for Lease 1.04 Th~ parties r~preseat to each other th,st there ~re no fees or com~ssions of any type owing.to a~y tt~i~-d party, such a~ a broker, in r~sp$ct to the execution of this lca$¢, other thart Pagcllof 23 11- 9-00; 5:39PM; ;9414039505 m,IILLIRH G. MORRIS Fax:g41-EW2-0722 Nov 9 2000 10:56 P. 13 Kc'r~cy Quade Realty and Chardc Group, Inc. and each party by this provision indemnifies the other against a successful claim (or litigation) assa'ted or brought by any such person. ARTICLE 9 - MATTERS OF PI/iRFORIVlANCE Partin Not a Single Em~tlty 9.01 In collecting any amounts of rent or sums pay~,ble for other purpose~ under this lease, or in otherwise c0opersting with Tenant under these provision.% Landlord does not become a partner, joint vennlrer, shareholder, associated, inventory, or the like in Tenant's business in any way; but all such proviaions simply define the obligations of the parties in respect to their separate and inckpendent positions as parties under the Landlord-Tenant relationship toward the leasing of space in the building. Waste and Nuisance Prohibited 9.02 Tenant will nnt commit waste in or at the leased space, or allow it to be committed, nor permit maintenance of a nuisance or any other such matter which may irltelffer¢ '.vith the conduct' of business or other normal enjoyment of space of any othc--r t~'uants or invites of the building or inhabitants or frequentera of the directly surrounding community of the building, Tenant's Compliance With Laws 9.03 Tenant will comply with all governmental requirements respecting the conduct of business or use of the lesaed ~pace in timely s_nd zppropria~ m~nn~ m2d at its ~olc co~t, and will ~ay and be solely respons~l¢ for all tax levies, assessment, licc-ns¢s, or fines set outby any such leased by Tenant. Page 12 of 23 9-00; 5-'39PM; WILLIFil $. MC~I$ Fax: 9~1-642-0722 Nov 9 2000 10:56 L~ndiord's Ril;ht o! Entry 9.04 Landlord may enter into Tennat's space ;~t reasonable times and while it is open £or business and, without vnreaaonably interfering with the conduct of Tenant's business, engage in any activities des{gncd to b© accomplished under any rclcvartt provisions of this lease. Landlord also may enter in tke same l:narmer to show the space or eraclosing structure to various per~ons who raight be interested for reasons connected with lease provisions, such as, but not limited to, lenders, insurers, prospective purchasers or tenants, and the like, Lanefiord n~y enter in the same manner to repair stmct-u~s or improvements in the leased dr an adjoining space. Landlord may also cater at any tL~ne and without notice to prevent or avoid ,~age when notice would um.r~asonably delay LancUorcl, such as in an ~mcrgcncy situation wh,~n wa~-r damage may be involved or the like. No su¢!~ actions may be cormider~d a cons~uctiv¢ eviction. Waivers 9.05 No waiver of any t~rm, condition, or covenant ofthis lease may be presumed but . must be made in writing by' the par~ ~o waiving to the other par~. No acceptance by Landlord fi'orn Tenant of any amount paid for a~y rea.~on unclcr this lease in a sum less than wha~ is actually owing.wilI constitute a compromisc, scrtlem~t, accord and satisfaction,. release, or other final d~sposition of the amoun! owing in the absence of a writing from Landlord to the contrary. Intereu! o~ Obllggtiem 9.06 A.uy pgyrn¢~ts regularly scheduled undmr this lease .~s dmly: monthly, or armu~ charges, whether conatrucd m rent or orb;twist, ~ill be due promptly and will bear interest from the due date o£ eighr~.,~n p~rce~t (18%)per ~unurn until actually paicL Pag; 13 of 23 9-00; 5: ~9PM; ; 9414.0,~9505 WILL~RH $. HOk-~IS Fax:941-6~2.-0722 Nov 9 2000 10:56 P. 1S Mensurine Floor Area for Pro Rata Cont~-ibutions 9.07 Wherever under this'lea~e Tenant has a responsibility for financial contn'bution expressly declared to be based on the mQo of the square footage of his leased Space to the footage of a~l leasable space in the shopping center. me~'urements and calcularion~ by Landlord shall be con,roLling. ARTICLE 10 - TERMINATION AND ASSIG~bi]SNT Surrender on Termination 10.01 Tenant shall: ~urrendcr the space ~t the end of the term arvaageA for under this lease, a~d remove by that time all Tena~t'~ improvements and ot~er materials and personnel occtrl~ying the space so that it is restored to the s~'nc or sLmilar order as it was before Tenant improved or. occupied it, vAth exertions for reasonable wear and tear or damage 5y unavoidable casualty not able to be repaired in time. All kcy~ or similar forms of access to ~e space or any matt~s left witlain it wiJl be surrendered to Land.lord by the e.~ad of the term. · Holdover Tenancy 10.02 Should Tenaut hold over occupancy of the space af~c~: termirmtion oftke lease, with the consent or acquiescence of Landlord, the terum~y will th~"~ be construed to be from month to month, but the terms of this lease otherwise wiU be fully applicable insofar as oo.~a~s;cnt witla auc~ t~--'y. Holdovert without coa~ezzt sl-~all' ~¢ at su~era,~cc, aza~i rent for may such period shaJl be at two and one-half (2-I/2) times the monthly rent recited h~ein. Termination of Lease for Condemnation 10.03 If~c p~op¢rt)r is t~c~ by ~ny authority under emir~ent domaiz~ in either of the forms described below, the lease will be terminated ~,t that ti~e, and all a~justme~ats in re~t will Page 14 of 23 ,- ~-uu; ~:.S~M; ;9414039505 ~ILLIRH G, ~I'IRRIS Fax:941-6.42-0722 Nov 9 2000 10;56 # 16/ 29 be made pro r~t= to that time and payable then.' "Taken" trader such proceedings refe .rs to the time when eitherunder the provisions of a private agreement by Landlord with 'the condorming authoiity, or order of a court of competent jurisdiction, the right to immediate physical possession is given to such authority. The following kinds oftakings are embraced under the above terms of this lea~e; The entirety of the leased space; {2) Tweaty perce~t (20%) or mor~ of the lea~cd space, and in such fashion as . to substantially pievent the conduct of Tenaura business in the normal mann,r;. (3) Twenl~ i!ive per¢~t {25%) o£prcsc-nt payed parkir~, if La.ndlord is unable to provide alternate parking withi~ a reasonable p~-iod of'time so that actual lost parking is less than 25% of prosen! paved parking. Entitlement to Award or 1-0.04 Landlord will be ~titlcd exclusively to any condemnation award for the real property, and Tenant will not be ~ntitled to any part o£such ~n awm'd or as a result of any purported interest or time remaining under its lease. Tcna.nt will have a claim exclusively for expenses for any r~rnoval tom the property, for. any loss of business, mid for any losses resulting to trade fixtures not a permarienl part of the property. Nothing hereto shall be construed to hmi~ Teuant's i~d~-pc. udr. nt claim for business damages in aay ~onclemn~,tion proceeding. ARTICLE 11 - ENFORCEIHENT Formal Debtor Status ss Default 11.01 Tenant's involvement as the subject matl~r of any of the followi~ situations will be construed to be a. material default under this 1¢as¢: insolvency; .baz~-uptcy; binding P~,ge 15 of 23 ~:39PM; ,9414039505 9-00; = · WILLIRM'G. ~3RRIS Fax:941-64~-0722 Nov 9 2000 10:57 P. 17 arrangement or plan for creditors; rcorg~nization.~ ofTenant cnQty for benefit of creditor~; essisnmcnt of good~ w/thin the space for benefit of'creditors; receivership of the space; u'usteeship of the sp~c; levy of attachment or execution on any goods of the space not released or dissolved within fifteen (15) days of such levy. Attorney's Fees t 1.02 To any extent it becomes necessary for either Landlord or Tenant to takg judicial ,,ction against the other to cnforc= any provision of dais lease, the prevailing party will bc entitled to awardable at~omcyts· fees. ARTICLE 12 - SPECIAL ]~ACTS PERTAINING TO LEi$£ Entire A~:reement 12.01 This lease constitutes 'the entixc ~$rccm~.mt bet'ween the parties, and no alteration modification of such ~,~reemcnt may be made except in writinil to the other party and siftned by the party to be charseal. ipplicabllit'), o! Lease to Other Persons 12,02 All provisions of this lease, to the ext~t ill or ~y one is bindin~ on or for the bc-ncfit of Landl~d or Tenant, will bc applicable in the cssc of each constituent person composini eith~ party, if a non. corporate entity, and for any successor in rotcrest of such party to the extent such interest has be~n ~110wed or appro-~cl under ~h~ provisions of the Recordinl~ of Lease 12.03 This lease will not bc recorded. Page 16 of 23 AGENDA ITEM NOW Z U ZOOO 9-00; 5: .~91~M; ; :~q. ~ ~u.3~=~u LJJTLLIRH G, MOk'I~TS Fax :941-642-0722 Nov 9 2000 10:5? P. 18 C~ptions '12.04 The captions and numbers of the provisions of this lea~e arc for convenience only arid are not intended to reflect in any way on the substanc~ or interpretation of such provisions or any othcr matters of this lease, Invalidity.or Unerfforceability 12.05 If any ~ condition, covenant, or provision of this lease is held to bc invalid or unenforceable, either in itself or as to auy p~icular party, th~ the remainder of the lease, or the al~licability of such provision to other parties, will .ccrnt/nue in vah~ty aad force; except, if thereafter, ~s to say oth~ individual provision or its applicabilky to any piu-~icular party it w~uld be incquit,,btc and inconsistent with the purposes of the lease to so continue, then only ss to such ftrs{ and secondary provisions or parties will the lease be invalid or unem.forueable. Limitation of Landlord's Liability' 12.06 The term "Landlord", as used m this lease, so far as covenants or obhgations on th~ part of Landlord are concerned, shall be limited to mean and mclud~ only the owner or .owners at the time in question of the fee of thc dcmised premis.es. In the ev~-nt of any l~an~fcr or transfers of the rifle to such fee, the Laudlord herein named (alld i.n case of' any subscclucnt transfers or conveyances, thc then grantor) shall be free and relieved f~m and after the date of such transfer and.conveyance of all liability with r~spect to performance of any ~'over,~-ts or obligations on the part of Landlord conwed in ~is lease thereafter to be performed. Without further a~reern~nt, the transfercc of such title shsll bc deemed ~o have assumed and a~rced to observe and perform any and ~tl obligations of the Landlord h~rcundcr during Landlord's ownership of the premises. Landlord __,~,~y transfer'Landlord's ownership of the premises.. Page 17 of 2~ 9-00; $:39FM; ~JlLLIP~I G. MORRIS Fax :9111-642-07'22 ; 9,4. '~ 40.39505 Nov 9 2000 10:57 P. 19 Landlord may transfer Landlord's intcrcst ~ th~ demised premises without the consent ofTenant, a~d such trAn.~fer or subsequent transfer shall not be dec,-ned a violstion on Landlord's part of any of the terms and conditions of this lcas~. ARTICLE 13 - HAZARDOUS SUBSTANCES Contamination [rom Hazardous Substances 13,0i With respect to cont~,mi~tion from hazaxdou-~ substances or-petroleum occurring during the period beginnizxg on the Commencement Date and extending throughout the Initial Term of this Lease or any a'ddition~l term hereof, Tenant will defend, indem-if'y and hold Landlord harmless of and from any and all losses, damages, claims, costs, fees, penalties, chaxges, assessments, taxes, fmcs or expenses including reasonable attorneys' fees and legal assistants' fees, ia'ising out of any claim' asserted by any person, entity, agency, organization or body against Landlord or the property of LandlorcL as a result of?enant's or its agents, employees, licensees or iavitees handling, generation,. treatment: storage, disposal, tra~pon, release, di~ckarge, spill, or emission of any h~-.rdous or toxic substance or wastes, pollutants, contam'mants or petroleum on, at or about the Premises from wb. ich b~7..,-dous or toxic substances or wastes, pollutants, contaminants or petroleum have bzcn or are being released Ln Connection with liability associated with cleaning up, removing, disposal of oro~erwise eliminating az~y oil, petroleum, toxi~ substate, hszardous substar~e, solid w~ste, wastes, or' contarmnant, from the Premises. This indemnity includes; but is not limited to, any losses, damage~, claims, costs, fees. penalties, charge.s, assessments, taxes, fines or extm'nscs, iazluding reasonable attorneys' fees _~,d label assistants' fccs incurred by Landlord ~nclcr the Federal . Comprehensive Environmental Response Compensation and Liability Act Of 1980 CCERCLA"), Page 18 of 23 19/ 29 ,[- =-~Ju; ~:.3~M; ;9414039505 ~ILLIRll G. MO~RIS - Fax:941-642-Oi~ Mov 9 2000 10:58 P. 20 # 20/ 29 as amended from time to time, also.known as "Superfund',, the Federal P,,eso .urce Conservation and, Recovery Act of 1976 CRCRA"), as amez~ded from time to time. In the event ~hat Landlord incurs any losses, damages, claims, casts, fees, penalties, charges, a. ssessmcnts, taxes, fines or e.xpenaes, including reasonable at'tomeyiF fees and legal a~istants' fees in connection with cleaning up, removing, disposal of or otherwise climinating oil~ pctrolcum, toxic substance: hs~.ardous Substance, solid wa~e, wailes, or contaminant from the Prcmi'scs, such losses, ' damages; claims, costs, fees, penalties, charges, assessmemts, taxes, fines or expenses, including teasortable attomey~' fees and legsl sssistants' f~cs will coI~tirute additional rental due from Ter~ant to Landlord and will be immediately clue a~d payable in full,' Tenant will not be responsible for damages or cxpe~,~_cs caused by seep-ge from adjacem! [and, iraknown to Tenant, provided such is ncn caused or contributed to by Tenant, Tenant's agents, eraploy~¢f, 1icfmse~s or Definitioas 13.02 The letres "hazardous substance" anct "release" will have the meaning ~ecified in CERCLA, the tfx"ms "soLid wasre" ~ "disposal", "dispose" or "disposed" will have the meanings specified in P. CR.A and the terms "wastes", "petroleum" and "contaminant" will M¥c the meanings specified in RRMA, except that if such a~s ate amended or other rules.. rcgulatio~ or smtut~ a~ enacted to broaden the meaninge thcr~o~, ~ broi~l~r m~.ning will aFply hcr~in. Survival of Covensnts snd Indemnifications 13.03 The covenants and indemnification's contained in this Article shall survive t. he expiration or tin-ruination of this Lease. Page 19 of 23 11- 9-00; 5:~9PM; ~]LL~I::~ 6. HDRR~S Fax :941-642-0722 ;94~4oa95os = z~/ 2.9 Nov 9 2000 10:58 P. 21 ARTICLE 14 - TENANT'S OBLIGATION TO PROVIDE !.I~-GAL PUBLIC ACCOMMODATIONS 14.01 Tenet bas inspected and ~_c. ce.~__~s condition of the ~_ropertv. It' shall bc the respov. sibility. of Tenant to mareram compliance at all times with the Americans with Disabilities Act of 1990 i42 USC-12101 et ~eq,) and Ch,~pter 553, Part V, Florida Statutes, or any modification, amendment or subsequent version re-enactment thereof. All actions required to maintai2n compliance or achieve compliance with the aforesaid laws shall be performed with reasonable diligence by Tc'nant a~d the costs thereof shall be pad by Tenant. In theevent that Landlord incur~ any losses, damages, ¢Izims, costs, fees, pcna]ties, charges, assessments, t~.xes, fin¢s,'or expenxes, including'reasonable attorneys' fees ~nd legal asaist~ts' fees or construction costs with respect to the Premises, aris~ing from T~narr~'s non-compliance, such losses, damages, claims, costs, fees, penalties, charges, ~zsc~sm~ts, taxes, fmcs or expe~ses, ix~lu~ng reasonable atT. omey~' fees ~md legal assistants' fees will constitute additiorml rental due from Tenant to Landlord and will 'be immediately due ~nd payable in full. Landlord makes no warranties to Tenant with respect to whether the Prc'naisez are in compliance;' Tenant t~Lkes the Pr~'nises at its ow~ r~sk; and if I~andlord is making improvements to the Premises for Ten,x~t, Lar~dlord doe~ not warrant in any way that such improvements shall be made ~ ~ manner which_wiU~ constitute compliance. ARTICLE 15 - RADON R~ iz a naturally occurring radioactive ga.~ that, when it bas accumulated m a proper cy m sufficient ctu,lmtities, may l~rr~sezlxt hcaIth l'~l]~ to ~ersons who are gx'j~osecl to it ov~r time. Levels of radon that exceed .~eAzra] z. nd state guidel~e~ have been four~d in property in Florida. Page 20 of 23 ~- ~-oo; s:a~; ;~oa~sos ldILLIRM $. MORRIS Fax:gz~1--6z12-O?22 Nov 9 2000 10'58 P. 22 e 22/ 29 Additional informatioIl ~eg~'ding radon and radon t¢~ting may be obtaineel from your local County health Unit. Titis notice is provided pursuant to 404.056(S.), Florida Statutes (19gg), wllich r~quir¢s that such notice by included in cert"in real estate documents. ARTICLE 16 - OPTION TO PURCHASE 16.01 In consideration oFFIFTY THOUSAND DOLLAR~ ($$0,000.00), to be paid by tenant within $ days of cxccuQon of this a~m~nant, Landlord gr~ut~ tenant option to ptlrchaac the building and Lots 14 and 15 of the Collier Park of Commerce, Collier County, Florida on the following term~ and conditions: a. Option must be exercised and closing take pl~c on or before December 31, 2002. · Purchase price will be $4,900,000.00 if option ex~rciscd and closing takes place on or befor~ March 31,2001 with purchase.price increasing by 0.4165% each month or p~tial month after March 31, 2001 that closing actually takes place. b,' If the purchase op6on is timely exercisecL the $50,000.00 opt/on paymerit shall be applied toward p~rchase price. !tpurchase option ~s not exercised, ~p'a*tm~ ~m~te~ially br~ach this L,~s,e, the op_~ion3~ayrncnt shall be._r~e. tun.ded to T~sa~t at esruli~r of conclusion of natural l¢~e t~rm or clo~ir~ qn.pur~b~.s..~b¥ Tenant. o. Th~ option m~y only bc ~xc"rci~¢~ in ~ri6ng and sha~l be dee~z~d effective ~vhen writing is actually delivered to Lan~ord along with additiona/purchas~ dc'posit of $150,000~00 closing data to be set by mutually agreed, but no less tha~ 15 d~ys notioe. Page 21 of 23 NOV 2 8 2OOO 11- 9-00; 5:39PM; ;94,14039505 WILLIRM ~. MORRIS Fax:gZll-642-O?22 Nov 9 2000 10:59 P. 25 d. There shall be no prorations~ as Tenant' will be in possession undcz a triple n~t lease, Howcvrr, to the extent that Tenant has paid advance rent, ad valorem real pzopcrt¥ taxes, or Landlord's imurance that covers a period subsequent to closing, these items will be prorated with Tenant credited with day of ¢!osing. e. Sell~ will provide title insurance pohcy at ¢1o$in~ insuring title will be good and marketable subject to those exceptions listed in E~i~',,',~ 1 5eller's title ~plic..y aVaurhcd hereto and any oth~ exccption~ which a~ common to the subdivision p~'ovidcd they do not prevent use of the property for governmental purposes. f. Documentary stamps on deed of conveyance and all recording costs shall bc paid by Tenants, or if'preferred.by Tcn~mt~ Will be ~aid.b¥ Seller WJ.~ S..ellei reimbursed by Tenant. 16.02, The ps.,'d¢s unckrrstand that a third party has right of f~rst r~fusal under cxisti.ug restrictive covenant and will abide by t~rns of same in connection with ex:r¢ise of options her~.nder. ARTICLE 17 - CERTIItrED DIABETIC SERVICES, ENC. 17.01 Leag is contingent.on Landlord obtaining agr~raenr from ~istin~ tenant of the property (Certified Diabetic S~-vic~s, Inc) to tzrminate existing .Lease between Landlord and Ce~tlfled Di~betlo fieryices, Inc. 23/ 29 b/ILLIF~ $. PDRR~S Fax: 941-642-0722 ;9414039505 ~ 2.4/ 29 Nov 9 2000 10:59 P. 24 Executed day of ,2000. , Flodda, this ~,s To TN~ LESSEE: D^T~D: BOARD 01: COUNTY COMMISSIONERS, COLLIER COUNTY; FLORIDA A~: DWI6HT E. BROCK, CL]:P.K , D~put7 Cl~rk H.ERiTAGE SQUAPJ~ i~EAL ESTATE, L.L.C. BY: JAMBS M ARKEY, JAMES D. CAR'I'Eg. PH.D., Pd.nt Name Adch'css City, .State, and Zip Code Parc 23 of 23 F :\CI. OS r~og~Ne rRagc3 .clo~lc~c nors GE ~O.~ ITEM NOV Z 8 2000 EXECUTIVE SUMMARY APPROPRIATE FUNDS TO COMPLETE THE GOLDEN GATE GOVERNMENT SERVICES BUILDING AND SHERIFF'S BUILDING IMPROVEMENTS. OBJECTIVE: To provide sufficient funding to complete the Golden Gate Government Services Building project budgets that was in. itiated in FY 00. CONSIDERATIONS: The following project forecasts for the Golden Gate Governme_nt .Services Building and for Sheriff's Building Improvements were included in the FY 00 budget in the County Wide Capital Fund (301). Project Title / Number Actual Expended Carryforward Forecast or Encumbered Appropriated Variance Sheriff' s Building Improvements (01010) .$232,800. $177,627 0 $55,173 Golden Gate Government Services Building. (80531) $632,800 $103,346 $244,856 $284,598 The total remaining balances to be carried forward in these two projects amounts to $339,771. However, there is a carryforward shortfall in the Facilities Management CIP Fund (301) due to actual expenditures for three projects (Courthouse - 4th floor, electrical improvements, and small campus improvements) exceeding the FY 00 budget forecasts. As a result, a different funding mechanism for the Golden Gate Government Services Building and the Sheriff's building improvements is now required. FISCAL IMPACT: The total estimated cost to complete the Golden Gate Government Services Building and the Sheriff's building improvements is $339,771. Funds are available in the General Fund (001) reserves for capital outlay. The current balance available within this General Fund reserve is $844,200. ~ There is a current reserve balance in the Facilities Management CIP Fund (301) of $193,100. Use of this reserve is not recommended as this was set aside as a 5% contingency for new projects budgeted in FY 01 and the majority of contracts for these new projects have not been awarded. Executive Summary Page 2 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment for $339,771 to complete the Golden Gate Government Services Building and the Sheriff's building improvoments. Ja~ Crognale, Construction Manager //X)e~ent o/,~~.ie~~Tment ~REVIEWEDBY: Daniel R(~driguez, Interim..l~Xtor Department of Facilities Management Jo-Anne Varcoe-Leamer, Administrator Support Services Division DATE: DATE: EXECUTIVE SUMMARY AWARD RFP #00-3109 "JANITORIAL SERVICES" TO GOLDEN MARK FLORIDA CORP. AND AUTHORIZE STAFF TO NEGOTIATE AGREEMENT WITH SELECTED VENDOR FOR ANNUAL JANITORIAL SERVICES. OBJECTIVE: To award RFP #00-3109 "Janitorial Services" to Golden Mark Florida Corp. for~ janitorial services provided for County owned and leased buildings and to extend the existing contract' with United States Services Industries (current vendor) with a slight increase. · CONSIDERATION: The Department of Facilities Management provides janitorial services, through an outside vendor, to approximately 76 County owned and leased buildings. The janitorial contractor is responsible for furnishing all necessary labor, tools, appliances, equipment, supplies, maintenance and any other necessary accessories, services to perform the janito. rial services specified in the contract. These services include daily dusting, vacuuming, widow cleaning, trash and recyclable material removal from offices. 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. By general consensus, the first and best qualified vendor was our existing contractor, United States Services Industries (USSI). Facilities and Purchasing Departments were unable to negotiate competitive pricing with USSI. Staff is requesting authorization to negotiate with the next qualified contractor, Golden Mark Florida Corp. Golden Mark Florida Corp. is qualified to perform the full scope of work at very competitive pricing. The ranking matrix that resulted in this recommendation accompanies this document. Additionally, staff is requesting authorization to extend the existing Contract With USSI for a month and fifteen days. USSI is requesting a slight increase of .007 (.092 monthly charge per square foot). This slight increase in rates for the extension equates to a $5,500. This extension will provide a smooth transition during the negotiation process with Golden Mark Florida Corp. FISCAL IMPACT: Annual janitorial expenses total $791,900. Funds are budgeted in the Facilities Management Department's Custodial Services FY 00-01 cost center. The increase in cost per square foot for the 45-day extension with the existing vendor (USSI), can be accommodated with the savings from bringing on the new vendor. GROWTH MANAGEMENT IMPACT: This RFP will not effect the Growth Management Plan. RECOMMENDATION: That the Board award RFP #00-3109 for Janitorial Services toGolden Mark Florida Corp., authorize the Chairperson to sign standard contracts after review by the County Attorney's Office, authorize staff to approve change orders (not to exceed janitorial cost center) and to approve the extension of the existing contractor as addressed within this summa ¥. AGENDA iTEM No. /~ ~i~) NOV 2 8 2000 Pg. ,., I- _ SUBMITTED BY: REVIEWED BY: APPROVED BY: Daniel R. Rodriguez, In~)-rl~ctor Facilities Management Department Stephen Y. Carnell, DirectS. Purchasing Department Jo-Anne -Varcoe-Leamer, Adm~distrator Support Services Division /" Date: Date: Date: N0V 2 8 2000 CONSULTANT SELECTION SUMMARY OF SIGNiFiCANT FACTORS FORM RFP #: 00-3109 RFP TITLE: Janitorial Services SIGNIFICANT FACTORS TO RANKING OF TOP FIRM: 2. 3. 4. 5. 6. Company is willing to negQtiate competitive pricing. Company is presently on-site. Current USSI Administrative Supervisor doing great job. Upper Management Responsive. Available resources locally to fully staff operations. Level of service historically exceeds standards. 7. Completeness of proposal. ..~--, ..? .4/ /'/ ,//' 1~ /.. i /" / /'~,,.' ,,/ / / .......-: I ... /-' //_~>" Project Manager Date EVALUATION MATRIX RFP #00-3109 "Janitorial Services" Evaluation Criteria ! To~l / .-~ ~ ]t ;' Points NAME OF FIRMS Coverall Progressive Maintnance Golden mark ,Maintenance Triangle Se~ices Meginley Maintenance Inc. COMMITTEE MEMBER'S _.L:~ANKINGS FIRM · ,RST 8ECOND THIRD FOURTH Select'on Committee Member's Signature Dated: .<,./b-~"-/% j ,0V ~ iooo I RFP ~00 - 3109 "Janitorial Services" SCORING FORM Na~[E OF FIRM Pre~ous Performance on Si~lar Jobs E~denced by Referemces Provid~ by 20 Po~ SELECTION COMIVQTTEE I~,IEMBER'S SIONATURE /. DATE AGENOA ITEM., No .~ NOV ~ 8 2000 RFP .if.00 - 3109 "Janitorial Services" SCORING FORM II ~e~ous Pe~ormance on SJ~nr Jobs as E~denced by References Prodded by ~roposer 20 Poinm /C) //~7' I '? / ~ ~ ~-~ Cost Pronosai · .'_~. / ~ ~ ,o:~. / ~ i "'~ · RFP ~0 - 3109 ~ "Janitorial Services" SCORING FORM NAME OF F!I~[ 35 Points 25 Points previous ]~erformance on Similar Jobs E~denced b~ References Prodded b~ Proposer 20 Po~ C0~ Proposal TOTAL SECOND From RANKING SELECTION COMMITTEE iVI~MBEK~ SIGNATURE DATE RFP #00 - 3109 "Janitorial Services" SCORING FORM pre~ous Pe~ormance on Simfiar Jobs E~denced bv References Provided bv 20 Pom~ "- RANKING SELE~O~C~T~E ~E~'S SIGNA~ DATE i A GE .NDA ITEM~ · ~'/~"-~/'~ NOV ;' 8 2000 P~. Z' RFP ¢/O0 - 3109 "Janitorial Services" SCORING FORM ~,u~ OF FIRM Pre~ous peffo~ance oa Similar Jebl Is E~,dem~ed b~ References Pro~d~ by PreDoser Cost Pronos~ TOTAL FIRST FIRM ~ECOlVD FIRM DATE EXECUTIVE SUMMARY APPROVAL TO AWARD BID NO. 3166 FOR THE PURCHASE OF PLUMBING SUPPLIES USED IN COUNTY REPAIRS AND MAINTENANCE PARTS AND OBJECTIVE: To have the Board of County Commissioners Award Bid No. 3166, Plumbing Parts & Supplies to Hughes Supply and Jameson Supply for the purchase of plumbing parts and supplies. CONSIDERATION: The Department of Facilities Management is responsible for the repairsand maintenance of the County's many water and sewer systems. Parts and supplies are purchased through local vendors on an as needed basis. In conjunction with the Purchasing Department, bids are established for the purchase of plumbing goods and materials through the competitive bid process. -. - On October 16, 2000, formal bid invitations were posted in the lobby of the General Services Building and distributed to thirty-three (33) firms that provide plumbing parts and supplies. On November 1, 2000, bids were opened from the two (2) responding firms. A tabulation sheet is attached to this summary for your review. Staff has reviewed the bids and recommends award to Hughes Supply and Jameson Supply. Pricing ~ competitive with both vendors. Awarding two vendors provides a better selection for County staff, .s well as larger resources for special order merchandise not carried by just one vendor: FISCAL IMPACT: The Facilities Management Department purchases approximately $57,000 worth of plumbing parts and supplies annually. Since all County departments may utilize this bid, the estimate may be subject to variation depending on the needs and degree of participation of other County departments. Funds are budgeted in FY 00-01 operating cost centers. GROWTH MANAGEMENT IMPACT: There .is no impact on the County Growth Management Plan. RECOMMENDATION: To have the Board of County Commissioners award Bid No. 3166, Plumbing Parts and Supplies to Hughes Supply and J~~?Su ply. SUBMITTED BY' ~~~~~.~. '~" Date' Darnel R. Rodnguez, Intenm ~hhes Management Director Facilities Management Department REVIEWED BY: '_~_,_~_:, .,,_ .-/'~,: ,.t.:~'_~/_ &) ~,.~_.~.Date: //-/~'~- Steve Carnell, Director Purchasing Department APPROVED BY: J~-Anne'Varcoe- Leamer; Administrator ~upport Services Division Z 8 2000 ~ ~<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<~:~ ~ ~< < < < < < < < < < < < < < < < < < < < < < < < < < < < < < ~ ~ ~ ~ ~ Z ~ ..~ .~ ~ o o EXECUTIVE SUMMARY APPROVE REPAIRS AND UNANTICIPATED CAPITAL FOR COUNTY BUILDINGS IMPROVEMENTS OBJECTIVE: To have the Board approve the necessary budget amendments for capital improvements to the Road & Bridge Department's restrooms, Immokalee Jail hot water system and the Marco Island Tax Collector's parking area. CONSIDERATION: The Department of Facilities Management maintains over six hundred separate buildings that require continual repair and maintenance. These Ongoing repairs provide a safe working environment for County staff and the public. The Department budgets for normal or "routine" maintenance based on previous year's expenses, as well as small capital improvements. Several unanticipated capital improvements have been requested that need funding to provide safe and efficient working environments. Those. projects are; replacement of hot water system at the Immokalee Jail, repairs to the Road & Bridge restrooms and additional parking spaces for the Marco Island Tax Collector's building. Emergency expenditures included extensive plumbing repairs at the Immokalee Jail totaling $28,100. Repairs included; a major leak under the concrete slab, and abandoning the existing hot water system. Facilities Management contracted with a plumbing contractor to provide immediate hot water system replacements, as well as, to reroute water lines to accommodate the new system. These systems have met their useful life and have become unsafe and unreliable requiring their immediate replacement. The County Barn Road and Bridge Department building was in need of serious repairs and -upgrades. These repairs were required to accommodate the large number of staff (100 employees) working at this site and to replace worn fixtures. These upgrades included the addition of stalls, toilets, urinals and showers. These 'repairs and improvements total $20,000. There is an immediate need for additional parking spaces at the Marco Island Tax Collector's Office. Parking spaces are needed to accommodate the many public visitors using this facility. In addition, plans are being made to locate a branch of the Drivers License Bureau. This additional service will substantially increase traffic flow to that facility. Total cost for the eight additional spaces is $40,000. Funds are needed to provide adequate space and facilities for the public and County staff to conduct business. These capital improvements will not only enhance existing assets, but also provide better and safer working environments. iAOEITM : NOV8 ooo ! Executive Summary Replacement Equipment Page Two of Two FISCAL IMPACT: Total cost for these unbudgeted improvements is $88,000. Funds would be transferred from General Fund Reserves, into a miscellaneous Capital Projects. Cost Center in the ad valorem tax supported Facilities Management CIP Fund. GROWTH MANAGEMENT IMPACT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board approve these capital improvement expenses and the necessary budget amendments as described within this summary. Prepared By: ~'~.J~/C~:~c ~-~'-,~(-)~,..~ Date: Jack Crognale, St. Project Manager The Department of Facilities Management Reviewed By: /"' ~ Date: Daniel R Rodriguez, ifiter~ ~.cilities Director The Department of Facdmes Management Approved By: ~ ~r~' ~2J~.~ ~ Date: Jo-Anne Varcoe-Leamer, Adm~lfistrator Support Services Division EXECUTIVE SUMMARY AWARD BID #00-3153 FOR THE PURCHASE OF BUDGETED MEDICATIONS FOR THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES OBJECTIVE: That the Board ot'Coumy COmlllis$iolleFS award tile lowest responsive bid on medications to be ptu'chased by the Departmen! or' Emergency Medical Services for Fiscal Year 2000/2001. CONSIDERATION: OnOctober 11.2000tllePurchasingDepartment issued notices to thirty(30) firms invilin,~ bids tbr the lourchasc of budgeted medications tbr Fiscal Year 2000/2001 A totul of sex c~i ( 7} bidders lcSpoadcd The ox trail 1oxx cst responsive bidder The l.)el)artmcnt of l(~crg,:m:5 Xlcdic'al .";c~ x i,.'c:, ~ccumn~cncls at.'ccptancc t)t'the lowest responsive bidder, .'.:,uM~ch N'lcdical FISCALI3'IPACT: Thc cost lbr the approximate quantity ofmcdications lbr Fiscal Year 2000/2001 ,,,,ill be $150,000 which has been budgeted in the: Emergency Medical Services Department FY01 budget. GRO~YTii ~,!.-\N..\GF:~I I,:NT 151PACT: Titere is no growth inanagemcnt impact. RECON!NIENDATION: That tile Board~_~l'CoumvCommissionersavvard Bid#00- 31. _, to Sunbelt N'lcdical Nut>ply Ibr tile acquisition ol'druus and medication used by the , . Sol tccs tbr Fiscal Y'ear 2000/20( l Department of E~ncmencs' Medical ' · 'v' · ~-' 'l'hc~c (/,)tc~Ezl on, Commander, Emergency Services Departm¢~t REVIEWED Thomas Slotrat, Administrator, Emergency Services Division NOV 2 8 2000 I A~NDA,ITEM .... ,,,¢(,? / NOV 2 8 2003 ::: ~::~ :; :~ ~4 :::: ~ :~,-:::~. !~ :: ~ ~s :4- -~ ::'-:: -' ~ ~ -'.. ~ :4..h~..-~.~ -:~:~ :,:.~ ~-- ~ ..~-~-.'~:-. ~4- ~.:.~ . .: .. :.:.:.:,:, ~.:..~,,,~ ..., .:.:,l~.:.:~.:.' ~ -.-,,..-~.~ ........ ~.'-.~-.-. ~ ,..... ~ .-. ~ ,~ ..... ~ .- .-.-~-... .....~:~:~ ~:~:~'~ ,.:. :,:..:,:.,:.: .:: · :,::::t::1~:: ~T~:i~7{; 't7::'.::':t:: ~ :: :1~:.::.:, :: -:-:..2::-::: ::2::7:: 27:2:';:24;7:'N;.:-:7'~::.:.:-:· ,:,:,:;7:i ,:.: :7:727 2:::7: ::: :: :: .2.: -:.::-2 :::-'.7- :.:,'.-.:,:.:: ::::.:~:;:' :;: : :: *::-.~,: ,:,::.:-:':: ;:..-.:-:.:-:-:.'.~4~-:-::-;-:::..7:.:::.::::::.::::,:1 :;:7.:-: -:.ft-:- --.~, .':: ;~;:',.;:~i.:.: 4-7 ~ ;~ ,2,;- ~ ~ :-:.:l ~ ::: ::2:: :7': b'~ ~ 2: :~ ~.:.: ~., ~ ,:.:..~ .~ 7-:-: '~ :-: :4,: :.:. ~m ~ .. ~ :~: :: :~ ~'::.: :~ ~.7. ~ "-' '"'"':'"-'~"-''~ ";';'~' '"~'.. '7-: -:E;*'-~;-;-,~,.:-::;.:.. '..'~,'..:,.-: :.2-::... ,-.-~-,-,¢¢J.-.- .,..,;,:,.'~.:-::.:.:~ :,; -... ~ ..... :..-t, :.'.~ .... !~ ..... ~:1: ~-?~ :;:; ?.~, ~:!: % E: '¢.-,- ..-..-. ,-. ..... :., :.:,-:-: .:-: -:-~ .:- --',.. ~ .... ::., :,, ,:, ~ .............. '.'.-'-' -'.' '.-~ .'.,.. ,',' AGE. ND4, ITEM No... /&~'? ! NOV 2 8 200'3 AGENDA ITEM no.~,~,?) I _ NOV 2 8 A(~,NDA ITEM N~. /~,~'?J t . NOV ~ II ~] Pll. Nun I A(DENDA 13'EM No. /~, (?), NOV 2 8 2000 PQo_ ~:> A(~ENDA ITEM No. ir. (.,F) I _ NOV 2 8 2'000 P~._ ? 'EXECUTIVE SUMMARY AWARD BID NO. 00-3138 FOR THE PURCHASE OF BUDGETED UNIFORMS FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT. OBJECTIVE: That the Board of County Commissioners award the lowest responsive bids on uniforms to be purchased by the Department of Emergency Medical Services for Fiscal Year 2000/2001. CONSIDERATION: On September 5, 2000 the Collier County Purchasing Department sent bid invitations to seventy-three (73) vendors for the purchase of uniforms for tile EMS Depamnent. On September 27, 2000 bids were publiclb' tabulated. In evaluating the bids, EMS staff contacted tile low bidders to verify compliance with the published specifications. Staff recommends awarding bid #00-3138 to Medical Department Store and Discount Uniforms, and Doss Aviation, Inc. DBA Aureus International as listed on attachment "A". FISCAL IMPACT: Funds forthese purchasesare approximately$225.00 per uniformed pro~ssional. Funds forthese purchasesare appropriatedin FiscalYear2001 budget. At an estimated 150 uniforms, total cost will be approximately $33,750. G ROWTtt MANAGE51ENT 15'!PACT: None at this time. RECOilS! ENDATION: That the Board of County Commissioners award Bid No. #00- 3138 to Medical Department Store and Doss Aviation, Inc. DBA Aureus International as recommended herein for the purchase of uniforms for the EMS personnel. T,b,?ese Ortcdng-ren, C/ommander Em~,~cy Medical Services Department " REVIEWED BY: /!~\ Date: Diane B. l*lagg, Chief EmerL, en,TM Medical Services Department APPROVED BY' Thomas Storrar, Adminiswator, Emergency Services Division Date: AGENDA IT~ NOV 2 8 2000 ATTACHMENT A AWARD LIST #00-3138 EMS UNIFORMS Medical Dep~rtment Store and Discount Uniforms Items: 1, 2, 3a, 3b, 4, 5a, 5b, 9a, 9b, A, B, C, D, E, F, G, J NOTE: A, B, C, D Horace Small brand on bid package not listed on tab sheet Doss Aviation, INC. dba Aureus International Items: 10, H, t NOTE: I on bid package not listed on tab sheet Items 6,~, 6b, 7, 8 will be purchased by quotes NOV 2 8 2000 AGENDAJTEM No. NOV 2 8 2,.~.,3 Pg Bid No. 00--3138 "EMS Uniforms" Page 34 PROPOSAL CONTINUED UNIFORM PATCHES, !~ADGES AND NAME PLATES 1. Major insignia - Collar Brass - Gold 2. Captain Insignia - Collar Brass - Silver 3a. Lieutenant Insignia - Collar Brass - Silver 3b. Lieutenant Insignia - Collar Brass - Gold 4, FTO Insignia - Silver 5a. Badge - Silver 5b. Badge - Gold 6a. EMT Rocker 6b. Paramedic Rocker 7. Department Patch 8. Firefighter Rocker 9a. Nameplate - Silver 9b. Nameplate - Gold 10. Leather Name Tag., A. Woman's Short Sleeve B~ouse-Zipper Style-22380 B. Long Sleeve Woman's Blouse-Zipper Style-22380 C. Permanent Press Short Sleeve Shirt-9950 D. Permanent Press Long Sleeve Shirt-9950 E. Mens EMS Pants F. Womens EMS Pants G. Jacket H. Flight Suit Style Jumpsuit-Long/Short Sleeve !, Nomex Flight Suit J. Rainwear PRICE EACH Proposal continued on next page .... - A(3EN~DA ITEM No. lb fF NOV 2 8 Bia _No. 00-3138 ..... Uniforms" P~OPCSAL CONTINUED UNIFORM PATCHES~ E, ADGES AND NAME ~LATE,S 1. Major Insignia - Collar Brass - Gold 2. Captain Insignia - Collar Brass - Silver 3a. Lieutenant Insignia - Collar Brass - Silver 3b. Lieutenant Insignia - Collar Brass - Gold 4. FTO Insignia - Silver 5a. Badge- Silver 5b. Badge- Gold 6a. EMT Rocker 6b. Paramedic Rocker 7. Department Patch 8. Firefighter Rocker 9a. Nameplate - Silver 9b. Nameplate - Gold 10. ,L-.eather Name Tag UNIFORMS. A. Woman's Short Sleeve Blouse-Zipper Style-22380 B. Long Sleeve Woman's Blouse-Zipper Style-22380 C. Permanent Press Short Sleeve Shirt-9950 D. Permanent Press Long Sleeve Shirt-9950 E. Mens EMS Pants F. Womens EMS Pants G. Jacket H. Flight Suit Style Jumpsuit-Long/Short Sleeve I. Nomex Flight Suit J. Rainwear P~,~e 34 PRICE EACH $ 5T/A $ ?,T/A $ PRICE EACH $ $ ,_xVA $ ~TI~_ '$ $ ~/A $ 140.00 $ 2tb.00 ,/ $ Proposal continued on next page ..... NOV 2 8 2003 EXECUTIVE SUMMARY APPROVAL OF A COMPETITIVE GRANT SUBMITTAL FOR EMERGENCY MANAGEMENT ACTIVITIES OB~ To gain Board of County Commissioners approval for the submission of a competitive grant from the Florida Department of Community Affairs for the management of volunteer and donation activities within the Emergency Management Department. This request is made for two grant cycles. !~ONSIDERAT!ONi The Department of Community Affairs has made $ 3,475,030.00 a~dlable to local jurisdictions and not-for-profits, as competitive grants from the F, nmrg~my Management Preparedness and Assistance Fund. The Board of County Commissioners adopted the Comprehensive Emergency Management Plan on September 15,1958 that created 18 emergency support functions (ESF's) in support of the Basic Plan. This grant would allow us to pay for a part-time "Volunteer and Donations Coordinator and the ancillary costs for managing this program. The Emergency Management Department has assumed the lead agency role for ESF 15, Volunteer and Donations." For the past 9 months, we have been paying a part-time person (15 hours per week) to provide outreach and manage activities. At the present time, we have over 50 religious and civic groups that have experienced an interest in assisting the County during disasters. We are submitting a grant request for $ 27,291.00 for the first cycle and $ 28,549.00 for the Fiscal Year of 2001-2002. These funds will be used to assist the Emergency Management Department in managing and the further enhancement of this vital program. FISCAL IMPACT: We have identified an in-kind match of $ 6,420.00 for both grant cycles. These funds have already been identified in the Emergency Management operating budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the submittal of the attached EMPA Grant Application by authorizing the Board Chairman to affix his signature thereto. SUBMITTED ~ Date: /,~,¢fcW' ,az~o e~E.n~th F. Pineau, Emergency Management Director APPROVED BY: ~ Date: ~. ,~P/~,P/~ Thomas Storrar, Emergency Services Administrator No.- COLLIER COUNTY GOVERNMENT EMERGENCY MANAGEMENT DEPARTMENT November 15, 2000 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8444 FAX: (941) 775-5008 Department of Community Affairs Division of Emergency Management 2555 Shinnard Oak Boulevard Tallahassee, FL 3239%2100 ATTN: EMPATF Program Dear Review Committee: Its our pleasure to present this request for funding in support of Collier Emergency Response Volunteer implementation for Collier County. The total award requested for this project is $28,549.00 in Fiscal Year 2001 - 2002, in support ofESF 15. This application is made without collusion with any other entity submitting an application, and the application is, in all respects, fair, made in good faith, and without fraud. Collier County currently has numerous volunteer groups and organizations which have significant talent, resources and capabilities that could be utilized in response to an emergency/disaster. This grant, if approved, would support the fundamental areas of preparedness, response, and recovery: "Community Neighborhood Outreach" "Citizens Warning" · "Hurricane Evacuation Warning." If you have any questions concerning the proposed day-to-day management of this project, please contact Kenneth F. Pineau, Emergency Management Director of Collier County at 941-774-8444. We look forward to the opportunity to work with you in this worthwhile endeavor. Collier County Emergency Management Director EMPA GRANT PROPOSAL BUDGET SALARY (20 hours/week ~ $21.00/kr. x 52 weeks payroll taxes/benefits 21% EXPENSES Travel, local ~ $.29 mile Governor's Hurricane Conference ESF 15 training/courses State Emergency Management Training (mileage/per diem only) Supplies and training materials TOTAL EXPENSE IN-KIND MATCH FROM COLLIER COUNTY Emergency Management Staff assistance 3hrs./wk. at $20.00/hr. Office Space 110 sq. fi ~ $13.00/sq. fl. Office telephone Cell phone Office supplies/copies/fax Postage (10 mailings/year) Lap top computer/office computer/& printer TOTAL IN-KIND MATCH TOTAL PROJECT RATIO OF MATCH EXPENSE TO CASH EXPENSE $ 21,840.00 4,368.00 348.00 675.00 500.00 200.00 400.00 $ 28~49.00 3,120.00 1,430.00 400.00 120.00 350.00 600.00 400.00 6,420.00 $ 34,969.00 FISCAL YEAR 2000-2001 and FISCAL YEAR 2001-2002 EMPA GRANT CYCLES THIS PAGE MUST BE COMPLETED AND RETURNED WITH YOUR APPLICATION SUBMISSION APPLICANT NAME: Co~ier County Emergency Management PROJECT TITLE: Collier Emergency Response Volunteers Program PLEASE CONSIDER THIS APPLICATION FOR FUNDING UNDER THE FOLLOWING FISCAL YEAR(S): (Select only one of the following and mark it with an "X") FISCAL YEAR 2000-2001 OR FISCAL YEAR2001-2002 OR BOTH FISCAL YEARS 2000-2001 and 2001-2002 xxx Applications will be scored only once, but may be considered for either or both application cycles. If the application receives funding under the first cycle, it will be removed from consideration under the second cycle. EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 1 TITLE PAGE TITLE OF PROJECT Collier Emergency Response Volunteers Program AMOUNT REQUESTED FROM STATE $ 27,291.00 AMOUNT MATCHING FUNDS COMMITTED $ 6,420.00 This is an application for a competitive grant under (indicate ONLY one): t) Ern~g~ Management Competitive Grant Program, or 2) Municipal Competitive Grant Program The application i~ rmbmitted for consideration in the following category (select ONLY one): 1) A project that will promote public education on disaster preparedness and recovery issues. 2) A project that will enhance coordination of relief efforts of statewide private sector organizations, including public-private business partnerships. 3) A project that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. XXX 4) A project that will otherwise further state and local emergency management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name of Organization: Collier County Emergency Management Address of Organization: 3301 East Tamiami Trail Naples, FL 34112 - 4761 E-mailaddress: pineauk@naples.net Name of Chief Elected Official: James 'D. Carter, Ph.D., Chairman Name of ChiefAdministrativeOfficer: Thomas W. 011iff, County Administrator Name of Applicant Contact: Kenneth F. Pineau Tide of Applicant Contact: Emergency Management Disctot Telephone Number of Applicant Contact: (941) 774-8444 Federal Employee Identification (FEID)Number: 59-6000558 AUTHORIZED SIGNATURE [Must comply with 9G-19.008(7), F.A.C., or apt not be scored] · Signature: James D. Carter, PhD Collier County Board of County Commissioners 'Fide: Chairman, 14 h'co~i-- will AGENDA ITZM NO. ~%'.~- County Attorney TABLE OF CONTENTS Description of Proposal ..................................................................1 Tangible Benefits/Continuing Resources ..............................................3 Consistency With State's CEMP .........................................................5 Budget (proposed, in-kind, narrative) ...................................................6 Project match ................................................................................7 Qualifications of participants ..............................................................8 Tie breaker .................................................................................11 AGENDA ITEM No. ~ F~ Proposed Project Presentation 1. Clearly identify a demonstrated state or local emergency management need and explain how this project will address it. If applicable, identify which emergency management priority, as identified in the Notice of Fund Availability, the project clearly !ink the project to the priority. Collier County Emergency Management recognized the need for a volunteer program, and incorporated the development of a volunteer coordinator (uncompensated) into their Five Year Strategic Plan. Shortages of trained personnel in all aspects of emergency management (mitigation, preparedness, response and recovery) were evident throughout the State. ESF 15, as described in the State plan, is to manage the receipt and distribution of donated goods and services to meet requests in the wake of a disaster. The primary or lead agency for ESF 15 is the Florida Department of Community Services. This project will help meet the currently unresourced need in Collier County. Activities under this grant will also benefit ESF 14 which, in part, has the objective of coordinating and disseminating information to the media and the general public. Project Collier Emergency Response Volunteer (CERV) will support this process to the extent that such information is disseminated in advance to the media and to community groups and organizations as part of our recruitment and readiness efforts. This grant request using CERV as a vehicle, will also assist Collier County in the recruitment of trained shelter managers for ESF 6, and volunteers to assist the ESF 7 lead agency for Resource Support. CERV will also help the local health department in managing the health care providers in the Special Needs Shelter and recruiting helpers to assist the Animal Care providers under ESF 17. There is no CERV in Collier County or other group with the capability to adequately manage donations and volunteers. The CERV project will link those wanting to help with those who require help. Addi[ionally, organizations will be recruited in advance to accept responsibility for specific types of volunteers or goods. Functional groups of volunteers will be organized to report to a volunteer coordination committee. Separate groups will be established for special needs persons, donated goods, volunteer management, public information, volunteer recruitment, damage assessment, animal issues, and shelter management. This project requires an extensive management system to coordinate volunteers and donations. The management system will support both inter-organizational development of preparedness and response plans and provide a coordinated framework for plan coordination throughout Collier County. No, '7 Collier County Emergency Management developed a program that would assist in the function of emergency management by combining those functions with assistance of volunteers. The CERV program has been designed and implemented to recruit, train, and Coordinate volunteers to serve in a variety of functions before, during, and after a disaster. Of the 18 ESFs identified in the Comprehensive Emergency Plan, seven have been identified that would benefit from trained volunteers. The CERV program Is prepared to intensify the recruitment and training if granted the monetary support it seeks. These areas include: · ESF6 - Mass Care · ESF 7 - Resource Support · ESF 8 - Health and Medical (incl. Special Needs) · ESFll - Food and Water · ESF 14 - Public Information · ESF 15 - Volunteers and Donations · ESF 17 - Veterinary Services Collier County Emergency Management developed a program that would assist in the function of emergency management by combining those functions with assistance of volunteers. The CERV program has been designed and implemented to recruit, train, and Coordinate volunteers to serve in a variety of functions before, during, and at~er a disaster. Of the 18 ESFs identified in the Comprehensive Emergency Plan, seven have been identified that would benefit fi-om trained volunteers. The CERV program is prepared to intensify the recruitment and training if granted the monetary support it seeks. These areas include: · ESF 6 - · ESF 7 - · ESF 8 - · ESF 11 - · ESF 14 - · ESF 15 - · ESF 17 - Mass Care Resource Support Health and Medical (incl. Special Needs) Food and Water Public Information Volunteers and Donations Veterinary Services AGENDA Identify the immediate tangible emergency management benefits (short term projects, i.e.- 12 months or less in duration), or, reasonable expectation of long term emergency management benefits coupled with the availability of resources (other than this grant amount) to continue implementation of the project past the term of the award (long term projects, i.e.-duration of longer than 12 months). Also, identify the number of emergency management organizations or the target population area whose emergency management needs will be directly benefited by the project. The request for state funding is short term, but benefits accruing from the proposed effort will have both short .and long term effects. The management network for coordinating volunteers and donations addresses ESF 15. Indirect benefits include preparedness education, as per ESF 14. Creation of CERV in Collier County will result in a network of volunteer and donation acquisitions. The network will be ready to operate during wildfire and hurricane season 2001, a goal within the 12 month period defined as short-term benefit. Collier Emergency Management efforts would be significantly enhanced by the resource and organizational support CERV would provide. To the extent that the strategic planning process addresses long term organizational development and funding needs, and helps create a structure that is self-perpetuating, another long term benefits would be realized. Disaster preparedness public education is a more short-term goal, but it will result in long- term societal changes. CERV, in response to emergency management objective ESF15, meets both long term and short term objectives. Side benefits address ESF 14 as well. A network to manage donated supplies and volunteers is needed for all phases of the current all-hazards emergency preparedness program. This project puts in place a system to manage voluntary support which will potentially reduce the need for assistance by State and Federal agencies in time of disaster. The target area for this project is Collier County, Florida, where approximately 233,177 persons reside, 86% in coastal areas. This project will improve the management systems for recruitment and acceptance of volunteers and donations. Such a management system may include the efforts of other organizations and individuals in Collier County. To the extent that CERV is successful in recruiting organizations to first enhance the readiness of their own members and then be available to participate in a county-wide effort, CERV will significantly enhance county emergency management capabilities and support the efforts of the local emergency response team. Trained volunteers, for example, are the core competency of The American Red Cross response to disaster. In Collier County, AGENDA I'£~M.~ the local Junior Reserve Officer Training Candidate (JROTC) program has been integrated through the county's special needs response plan. CERV will provide a management system to coordinate donations and volunteers, and to that extent is crucial to Collier County Emergency Management's ESF 14 and 15. CERV priorities will also be established in accordance with the County CEMP and as a natural consequence to the state and federal Emergency Management activities. One objective is to recruit more than 100 individuals and organizational representatives to become active volunteers in disaster response. Plans call for training, some of which will be completed by the county American Red Cross Collier County Chapter; other training will be provided by volunteer coordinator, Joan L. Vander Till and other Emergency Management staff. To recruit volunteers for special training, they must be convinced that it is crucial to the success of their own organization's response to disaster. Community based organizations which respond to our recruitment will benefit significantly, especially by providing a sense of mission for their assistance by State and Federal agencies in time of disaster. Long term maintenance, beyond 12 months, will be done by the local emergency management agency using available funds and grants. Describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable local comprehensive emergency Plans. This grant request for the formation of CERV meets the objectives ofESF 15 in the state plan, and will assist Collier County in enhancing its CEMP. Currently ESF 15 is generically grouped under the Collier County Emergency Management umbrella for "lead agency". This grant would provide for a dedicated ESF 15 lead and resulting organization and stewardship. The management system is designed to facilitate the smooth, logical, and seamless use of trained volunteers and community donations for disaster relief. Leadership for CERV will be provided by volunteers from recruited organizations. Under Collier County CEMP, ESF 15, has responsibility for accomplishing the relief that disaster victims expect and deserve during emergencies. Public education, as recommended by ESF 14 in the state plan, is a concomitant goal. To construct a management network, it is essential to train and educate members of various organizations to develop their own state of readiness. This project will assist county volunteers as well as the community at large. 'AGENDA ITEM,. Pg... I A 4. Discuss why this particular method and approach was chosen. To develop CERV activity in Collier County is to take disaster management to its next logical step, i.e., assisting the local populace in obtaining the necessary tools to attain as high a level of self-sufficiency as feasible during a disaster. The CERV effort will provide, on behalf of the county, a management system to coordinate volunteers and donations of goods and services while providing oversight and supervision. A side benefit and secondary objective is to increase the preparedness awareness of agencies and 0rg~aizations and their individual members. Recruitment and training will accomplish this benefit. Finally, a strategic plan for this program will be developed which will also address long- term development and funding issues. No. pg I D 5. Identify Applicant's project match. Collier County will provide $ 6,420.00 in matchinE fund or in-kind matches - ( as outlined in the proposed budget) which will be committed to th~ project as part of the grant. There are no other funds applied for/or received by the applicant for any similar project. AGENDA I'FF__.~,/',.~ - EMPA GRANT PROPOSAL BUDGET SALARY' (20 hours/week ~ $20.00/hr. x 52 weeks payroll taxes/benefits 21% $ 20,800.00 4,368.00 EXPENSES Travel, local ~ $~29 mile Governor's Hurricane Conference ESF 15 training/courses State Emergency Management Training (mileage/per diem only) Supplies and training materials TOTAL EXPENSE IN-KIND MATCH FROM COLLIER COUNTY Emergency Management Staff assistance 3hrs./wk. at $20.00/hr. Office Space 110 sq. tt ~ $13.00/sq. 11. Office telephone Cell phone Office supplies/copies/fax Postage (10 mailings/year) Lap top computer/office computer/& printer TOTAL IN-KIND MATCH TOTAL PROJECT RATIO OF MATCH EXPENSE TO CASH EXPENSE 348.00 675.00 500.00 200.00 400.00 $ 27,291.00 3,120.00 1,430.00 400.00 120.00 350.00 600.00 400.00 6,420.00 $ 33,711.00 Vg._ I~ 6. Discuss the Applicant's experience and ability applied to the project. The Collier County Emergency Management Department was established in 1979 and is currently staffed by four full-time Emergency Management personnel; a Director, two Coordinators and a Emergency Management Tech./Special Needs Coordinator. Additionally, the department is supplemented by other County departments and an active volunteer force during emergencies. The functional area for managing volunteers within the Collier County Emergency Management Defmrtment was incorporated into the Emergency Support Function (ESF 15) (Volunteers and Donations) when the county adopted the State CEMP format in 1993. Currently the ESF 15 lead responsibility is under the umbrella responsibility of the Emergency Management Department with an established operational framework in place and qualified personnel available. CERV Coordinator: Joan L. Vander Till has been a resident in Collier County since May 1999. She previously resided in Grand Rapids, Michigan, recruiting volunteers there for more than 20 years. Since living in this area, she was involved as Collier County Emergency Management volunteer during 1999 Tropical Storm Harvey, Hurricane Irene, and Wildfires in April 2000. Currently Collier County has the key component of a comprehensive CERV program in place; interested organizations have been identified, a steering committee of key persons has been established, a volunteer coordinator is currently coordinating the programs and a needs assessment has been made. There are over 50 volunteer entities (churches, American Red Cross, Salvation Army, clubs, organizations, etc.) who are anxious to initiate the CERV program. The ground work is already in place. AGENDA ,,,,o. !,,-, Joan L. Vander Till Professional Experience: Collier County Emergency Management Department, Naples, Florida part time Volunteer Coordinator, Set-up and recruit volunteers for recovery after a disaster work with churches and organization within Collier County. Grand Rapids Youth Commonwealth, Grand Rapids, Michigan Executive Director, managing two inner-city youth centers and directing the operations of Camp O'Malley, with a staff of 20. Took charge of the youth centers and camp operation at the low point of public confidence, and rebuilt community support for this fine program. Established, coordinated, and managed a budget in cooperation with a board of leading citizens; {aised new fund through special events, promotions, and grant applications; secured in-kind donations of goods and services; worked with print and electronic media to establish a public relations program which created positive image for the organization. Community Involvement: Special Olympics: volunteer and coach; Grand Rapids Festival of the Arts (largest all-volunteer art festival in the United States): Co-chairperson of the entire three-day event in 1989, committee co-chair for children's Paint-In, Opening Ceremonies, Parade, Poster and Volunteers; Celebration on the Grand (Grand Rapids): executive board member, chairperson of committees for Parade and Volunteers; Gerald R. Ford Museum: docent, coordinator of the Citizen Bee and Presidential Pet show, and co-chair for the Re-dedication of the Gerald R. Ford Museum, including a luncheon for more than 600 dignitary; WCUZ-Radio "Zoo Daze": coordinator special event for children; WOOD-TV "For Kids' Sake": coordinated special events for children's activities for promotion in the media; Grand Rapids International Relations Committee: executive committee member and vice chairperson. Coordinated home stays and activities for visiting foreign nationals. Represemed the city as a community ambassador; Grand Rapids Fourth Freedom Parade (Desert Storm welcome home): organized parade, recruited volunteers, coordinated with local police and Secret Service to ensure there were no problems while President George H. Bush was in the parade; The American Red Cross (Grand Rapids, Kent County Chapter, Michigan and Naples, Collier County, Florida): trained volunteer disaster worker and assisting in various capacities; and Collier County Emergency Management Department: CERV (Collier Emergency Response Volunteer) coordinator; set-up and recruit volunteers. Collier County residents since May 1999, Joan, her husband Gordon, lives in Naples. AGE N..DA IT~ M,,. No. Certificates and Training: American Red Cross Courses: First Aid CPR Introduction to Disaster Services Mass Care: An Overview Shelter Operations Introduction to Liaison Emergency Assistance to Families I Emergency Assistance to Families II Serving the Diverse Community Community Disaster Volunteers Disaster Welfare Inquiry FEMA/EMI Independent Study Courses: IS-1 IS-2 IS-3 IS-5 IS-7 IS-10 IS-11 IS-120 IS-275 IS-288 IS-324 IS-534 Emergency Program Manager Emergency Preparedness, USA Radiological Emergency Management Hazardous Materials - A Citizen's Orientation A Citizen's Guide to Disaster Assistance Animal in Disaster Awareness & Preparedness Animal in Disaster Community Planning An Orientation to Community Disaster Exercises EOC Management and Operations Role of Volunteer Agencies Community Hurricane Preparedness Emergency Response to Terrorism STATE OF FLORIDA EMERGENCY MANAGEMENT COURSES: G-202 G-276 G-628 Debris Management Resource Management Human Services Training CONFERENCES ATTENDED: Governor's Hurricane Conference - Tampa (May 2000) National VOAD Conference - Atlanta (October 2000) AGENDA No. Tiebreaker: 1. Has the Applicant's jurisdiction been impacted by an environmental clean-up Initiative? If so, describe the initiative and its impact on the Applicant. Collier County has not been impacted by environmental clean-up initiative. 2. Is the Applicant located in a Front Porch Community? If so, please describe the location. We are not located in a Front Porch Community. AGENDA Pg ...... 19 COLLIER COUNTY GOVERNMENT EMERGENCY MANAGEMENT DEPARTMENT November 15, 2000 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8444 FAX: (941) 775-5008 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399~2100 ATTN: EMPATF Program Dear Review Committee: Its our pleasure to present this request for funding in support of Collier Emergency Response Volunteer implementation for Collier County. The total award requested for this project is $27,290.00 in Fiscal Year 2000 - 2001, in support of ESF 15. This application is made without collusion with any other entity submitting an application, and the application is, in all respects, fair, made in good faith, and without fraud. Collier County currently has numerous volunteer groups and organizations which have significant talent, resources and capabilities that could be utilized in response to an emergency/di saster. This grant, if approved, would support the fundamental areas of preparedness, response, and recovery: "Community Neighborhood Outreach" "Citizens Warning" · "Hurricane Evacuation Warning." If you have any questions concerning the proposed day-to-day management of this project, please contact Kenneth F. Pineau, Emergency Management Director of Collier County at 941-774-8444. We look forward to the opportunity to work with you in this worthwhile endeavor. Collier County Emergency Management Director AGEiqDA I'£EM% No, I/-,:' F FISCAL YEAR 2000-2001 and FISCAL YEAR 2001-2002 EMPA GRANT CYCLES THIS PAGE MUST BE COMPLETED AND RETURNED WITH YOUR APPLICATION SUBMISSION APPLICANT NAME: Collier County Emergency Management PROJECT TITLE: Collier Emergency Response Volunteers Program PLEASE CONSIDER THIS APPLICATION FOR FUNDING UNDER THE FOLLOWING FISCAL YEAR(S): (Select only one of the following and mark it with an "X") FISCAL YEAR 2000-2001 OR FISCAL YEAR2001-2002 OR BOTH FISCAL YEARS 2000-2001 and 2001-2002xxx Applications will be scored only once, but may be considered for either or both application cycles. If the application receives funding under the first cycle, it will be removed from consideration under the secc ad .... 1= EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 1 TITLE PAGE TITLE OF PROJECT Collier Emergency Response Volunteers Program AMOUNT REQUESTED FROM STATE $ 28,569.00 AMOUNT MATCHING FUNDS COMMITTED $ 6,420.00 This is an application for a competitive grant under (indicate ONLY one):. xxx 1) Emergency Management Competitive Grant Program, or 2) Municipal Competitive Grant Program The applica~on is submitted for conaideration in the following category (select ONLY one): 1) A project that will promote public education on disaster preparedness and recovery issues. 2) A project that will enhance coordination of relief efforts of statewide private sector organizations, including public-private business pannerships. 3) A project that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. xxx 4) A project that will otherwise further state and local emergency management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name of Organization: Address of Organization: 3301 East TamJam± Trail Naples, FL 34112 - 6761 E-mail address: pineauk@naples. net Name of CtfiefElected Official: James~ D. Carter, Ph,D., Name of Chief Administrative Officer: Thomas hi. Olliff, Name of Applicant Contact:Kenneth F. "Pineau Title of Applicant Contact:Emergency Management Director Telephone Number of Applicant Contact: ( 941 ) 774- 8444 Federal Employee Identification (FEID)Number: 59-6000558 Collier County Emergency Management Chairman County Administrator AUTHORIZED SIGNATURE [Must comply with 9G-19.008(7), F.A.C., or application will not be scored] ' Signature: James D. Carter, PhD Title: Chairmant Collier County Board of County Commissioners 14 AG E,"q DA I TE ~-~-"'- TABLE OF CONTENTS Description of Proposal ..................................................................1 Tangible Benefits/Continuing Resources ..............................................3 Consistency With State's CEMP .........................................................5 Budget (proposed, in-kind, narrative) ...................................................6 Project match ................................................................................7 Qualifications of participants ..............................................................8 Tie breaker .................................................................................11 Proposed Project Presentation Clearly identify a demonstrated state or local emergency management need and explain how this project will address it. If applicable, identify which emergency management priority, as identified in the Notice of Fund Availability, the project clearly link the project to the priority. Collier County Emergency Management recognized the need for a volunteer program, and incorporated the development of a volunteer coordinator (uncompensated) into their Five Year Strategic Plan. Shortages of trained personnel in all aspects of emergency management (mitigation, preparedness, response and recovery) were evident throughout the State. ESF 15, as described in the State plan, is to manage the receipt and distribution of donated goods and services to meet requests in the wake of a disaster. The primary or lead agency for ESF 15 is the Florida Department of Community Services. This project will help meet the currently unresourced need in Collier County. Activities under this grant will also benefit ESF 14 which, in part, has the objective of coordinating and disseminating information to the media and the general public. Project Collier Emergency Response Volunteer (CERV) will support this process to the extent that such information is disseminated in advance to the media and to community groups and organizations as part of our recruitment and readiness efforts. This grant request using CERV as a vehicle, will also assist Collier County in the recruitment of trained shelter managers for ESF 6, and volunteers to assist the ESF 7 lead agency for Resource Support. CERV will also help the local health department in managing the health care providers in the Special Needs Shelter and recruiting helpers to assist the Animal Care providers under ESF 17. There is no CERV in Collier County or other group with the capability to adequately manage donations and volunteers. The CERV project will link those wanting to help with those who require help. Additionally, organizations will be recruited in advance to accept responsibility for specific types of volunteers or goods. Functional groups of volunteers will be organized to report to a volunteer coordination committee. Separate groups will be established for special needs persons, donated goods, volunteer management, public information, volunteer recruitment, damage assessment, animal issues, and shelter management. This project requires an extensive management system to coordinate volunteers and donations. The management system will support both inter-organizational development of preparedness and response plans and provide a coordinated framework for plan coordination throughout Collier County. Collier County Emergency Management developed a program that would assist in the function of emergency management by combining those functions with assistance of volunteers. The CERV program has been designed and implemented to recruit, train, and Coordinate volunteers to serve in a variety of functions before, during, and after a disaster. Of the 18 ESFs identified in the Comprehensive Emergency Plan, seven have been identified that would benefit from trained volunteers. The CERV program is prepared to intensify the recruitment and training if granted the monetary support it seeks. These areas include: - ESF 6 ESF 7 · ESF 8 ESF 11 · ESF 14 · ESF 15 ESF 17 Mass Care Resource Support Health and Medical (incl. Special Needs) Food and Water Public Information Volunteers and Donations Veterinary Services No.Fc .) Po.,A,F' Identify the immediate tangible emergency management benefits (short term projects, i.e.- 12 months or less in duration), or, reasonable expectation of long term emergency management benefits coupled with the availability of resources (other than this grant amount) to continue implementation of the project past the term of the award (long term projects, i.e.-duration of longer than 12 months). Also, identify the number of emergency management organizations or the target population area whose emergency management needs will be directly benefited by the project. The request for state funding is short term, but benefits accruing from the proposed effort will have both short and long term effects. The nmmagement network for coordinating volunteers and donations addresses ESF 15. Indirect benefits include preparedness education, as per ESF 14. Creation of CERV in Collier County will result in a network of volunteer and donation acquisitions. The network will be ready to operate during wildfire and hurricane season 2001, a goal within the 12 month period defined as short-term benefit. Collier Emergency Management efforts would be significantly enhanced by the resource and organizational support CERV would provide. To the extent that the strategic planning process addresses long term organizational development and funding needs, and helps create a structure that is self-perpetuating, another long term benefits would be realized. Disaster preparedness public education is a more short-term goal, but it will result in long- term societal changes. CERV, in response to emergency management objective ESF15, meets both long term and short term objectives. Side benefits address ESF 14 as well. A network to manage donated supplies and volunteers is needed for all phases of the current all-hazards emergency preparedness program. This project puts in place a system to manage voluntary support which will potentially reduce the need for assistance by State and Federal agencies in time of disaster. The target area for this project is Collier County, Florida, where approximately 233,177 persons reside, 86% in coastal areas. This project will improve the management systems for recruitment and acceptance of volunteers and donations. Such a management system may include the efforts of other organizations and individuals in Collier County. To the extent that CERV is successful in recruiting organizations to first enhance the readiness of their own members and then be available to participate in a county-wide effort, CERV will significantly enhance county emergency management capabilities and support the efforts of the local emergency response team. Trained volunteers, for example, are the core competency of The American Red Cross response to disaster. In Collier County, the local Junior Reserve Officer Training Candidate (JROTC) program has been integrated through the county's special needs response plan. CERV will provide a management system to coordinate donations and volunteers, and to that extent is crucial to Collier County Emergency Management's ESF 14 and 15. CERV priorities will also be established in accordance with the County CEMP and as a natural consequence to the state and federal Emergency Management activities. One objective is to recruit more than 100 individuals and organizational representatives to become active volunteers in disaster response. Plans call for training, some of which will be completedby the county American Red Cross Collier County Chapter; other training will be provided by volunteer coordinator, Joan L. Vander Till and other Emergency Management staff. To recruit volunteers for special training, they must be convinced that it is crucial to the success of their own organization's response to disaster. Community based organizations which respond to our recruitment will benefit significantly, especially by providing a sense of mission for their assistance by State and Federal agencies in time of disaster. Long term maintenance, beyond 12 months, will be done by the local emergency management agency using available funds and grants. AG r: ;',~F.;,A No. Describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable local comprehensive emergency Plans. This grant request for the formation of CERV meets the objectives of ESF 15 in the state plan, and will assist Collier County in enhancing its CEMP. Currently ESF 15 is generically grouped under the Collier County Emergency Management umbrella for "lead agency". This grant would provide for a dedicated ESF 15 lead and resulting orga_nizafion and stewardship. The management system is designed to facilitate the smooth, logical, and seamless use of trained volunteers and community donations for disaster relief. Leadership for CERV will be provided by volunteers from recruited organizations. Under Collier County CEMP, ESF 15, has responsibility for accomplishing the relief that disaster victims expect and deserve during emergencies. Public education, as recommended by ESF 14 in the state plan, is a concomitant goal. To construct a management network, it is essential to train and educate members of various organizations to develop their own state of readiness. This project will assist county volunteers as well as the community at large. 4. Discuss why this particular method and approach was chosen. To develop CERV activity in Collier County is to take disaster management to its next logical step, i.e., assisting the local populace in obtaining the necessary tools to attain as high a level of self-sufficiency as feasible during a disaster. The CERV effort will provide, on behalf of the county, a management system to coordinate volunteers and donations of goods and services while providing oversight and supervision. A side benefit and secondary objective is to increase the preparedness awareness of agencies and brganizations and their individual members. Recruitment and training will accomplish this benefit. Finally, a strategic plan for this program will be developed which will also address long- term development and funding issues. $. Identify Applicant's project match. Collier County will provide $ 6,420.00 in matching fund or in-kind matches - ( as outlined in the proposed budget) which will be committed to this project as part of the grant. There are no other funds applied for/or received by the applicant for any similar project. AGE~qDA 1TM pg.. EMPA GRANT PROPOSAL BUDGET SALARY (20 hours/week ~ $20.00Par. x 52 weeks payroll taxes/benefits 21% EXPENSES Travel, local ~ $.29 mile Governor's Hurricane Conference ESF 15 tr 'aming/courses State Emergency Management Training (mileage/per diem only) Supplies and training materials TOTAL EXPENSE INKIND MATCH FROM COLLIER COUNTY Emergency Management Staff assistance 3hrs./wk. at $20.00/hr. Office Space 110 sq. f~ ~ $13.00/sq. tL Office telephone Cell phone Office supplies/copies/fax Postage (10 mailings/year) Lap top computer/office computer/& printer TOTAL IN-KIND MATCH TOTAL PROJECT RATIO OF MATCH EXPENSE TO CASH EXPENSE $ 20,800.00 4,586.00 348.00 675.00 500.00 200.00 400.00 27~91.00 3,120.00 1,430.00 400.00 120.00 350.00 600.00 400.00 6,420.00 33,711.00 6. Discuss the Applicant's experience and ability applied to the project. The Collier County Emergency Management Department was established in 1979 and is currently staffed by four full-time Emergency Management personnel; a Director, two Coordinators and a Emergency Management Tech./Special Needs Coordinator. Additionally, the department is supplemented by other County departments and an active volunteer force during emergencies. The functional area for managing volunteers within the Collier County Emergency Management D~partment was incorporated into the Emergency Support Function (ESF 15) (Volunteers and Donations) when the county adopted the State CEMP format in I993. Currently the ESF 15 lead responsibility is under the umbrella responsibility of the Emergency Management Department with an established operational framework in place and qualified personnel available. CERV Coordinator: Joan L. Vander Till has been a resident in Collier County since May 1999. She previously resided in Grand Rapids, Michigan, recruiting volunteers there for more than 20 years. Since living in this area, she was involved as Collier County Emergency Management volunteer during 1999 Tropical Storm Harvey, Hurricane Irene, and Wildfires in April 2000. Currently Collier County has the key component of a comprehensive CERV program in place; interested organizations have been identified, a steering committee of key persons has been established, a volunteer coordinator is currently coordinating the programs and a needs assessment has been made. There are over 50 volunteer entities (churches, American Red Cross, Salvation Army, clubs, organizations, etc.) who are anxious to initiate the CERV program. The ground work is already in place. No. Joan L. Vander Till Professional Experience: Collier County Emergency Management Department, Naples, Florida part time Volunteer Coordinator, Set-up and recruit volunteers for recovery after a disaster work with churches and organization within Collier County. Grand Rapids Youth Commonwealth, Grand Rapids, Michigan Executive Director, managing two inner-city youth centers and directing the operations of Camp O'Malley, with a staff of 20. Took charge of the youth centers and camp operation at the low point of public confidence, and rebuilt community support for this fine program. Est-ablished, coordinated, and managed a budget in cooperation with a board of leading citizens; raised new fund through special events, promotions, and grant applications; secured in-kind donations of goods and services; worked with print and electronic media to establish a public relations program which created positive image for the organization. Community Involvement: Special Olympics: volunteer and coach; Grand Rapids Festival of the Arts (largest all-volunteer art festival in the United States): Co-chairperson of the entire three-day event in 1989, committee co-chair for children's Paint-In, Opening Ceremonies, Parade, Poster and Volunteers; Celebration on the Grand (Grand Rapids): executive board member, chairperson of committees for Parade and Volunteers; Gerald R. Ford Museum: docent, coordinator of the Citizen Bee and Presidential Pet show, and co-chair for the Re-dedication of the Gerald R. Ford Museum, including a luncheon for more than 600 dignitary; WCUZ-Radio "Zoo Daze": coordinator special event for children; WOOD-TV "For Kids' Sake": coordinated special events for children's activities for promotion in the media; Grand Rapids International Relations Committee: executive committee member and vice chairperson. Coordinated home stays and activities for visiting foreign nationals. Represented the city as a community ambassador; Grand Rapids Fourth Freedom Parade (Desert Storm welcome home): organized parade, recruited volunteers, coordinated with local police and Secret Service to ensure there were no problems while President George H. Bush was in the parade; The American Red Cross (Grand Rapids, Kent County Chapter, Michigan and Naples, Collier County, Florida): trained volunteer disaster worker and assisting in various capacities; and Collier County Emergency Management Department: CERV (Collier Emergency Response Volunteer) coordinator; set-up and recruit volunteers. Collier County residents since May 1999, Joan, her husband Gordon, lives in Naples. Pg. ~ Certificates and Training: American Red Cross Courses: First Aid CPR Introduction to Disaster Services Mass Care: An Overview Shelter Operations Introduction to Liaison Emergency Assistance to Families I Emergency Assistance to Families II Serving the Diverse Community Community Disaster Volunteers Disaster Welfare Inquiry FEMA/EMI Independent Study Courses: IS-I IS-2 IS-3 IS-5 IS-7 IS-10 IS-I 1 IS-120 IS-275 IS-288 IS-324 IS-534 Emergency Program Manager Emergency Preparedness, USA Radiological Emergency Management Hazardous Materials - A Citizen's Orientation A Citizen's Guide to Disaster Assistance Animal in Disaster Awareness & Preparedness Animal in Disaster Community Planning An Orientation to Community Disaster Exercises EOC Management and Operations Role of Volunteer Agencies Community Hurricane Preparedness Emergency Response to Terrorism STATE OF FLORIDA EMERGENCY MANAGEMENT COURSES: G-202 G-276 G-628 Debris Management Resource Management Human Services Training CONFERENCES ATTENDED: Governor's Hurricane Conference - Tampa (May 2000) National VOAD Conference - Atlanta (October 2000) Pg' ~4 Tiebreaker: 1. Has the Applicant's jurisdiction been impacted by an environmental clean-up Initiative? If so, describe the initiative and its impact on the Applicant. Collier County has not been impacted by environmental clean-up initiative. 2. Is the Applicant located in a Front Porch Community? If so, please describe the location. We are not located in a Front Porch Community. Page 1 of 2 FOR BOARD ACTION: BOARD OF COUNTY COlVIMISSIONERS MISCELLANEOUS CORRESPONDENCE November 28, 2000 1. ~CELL~OUS '~ TO FILE FOR RECORD W~TH ACTION AS DIRECTED: ao Districts: I) Collier Mosquito Coff~rot District- submitting the following: a~ Resolution Adopting Tax Levy of.1748 Mills for FY 2000-2001 b. Resolution Adopting Annual Certified Budget for FY 2000-2001 c. Annual Certified Budget for FY 2000-2001 d. Regular Meeting Schedule for FY 2000-2001 e. District Map with Expansion Phase 1 and 2 f. Registered Office - Registered Agent 2) Cedar Hammock Community Development District - Minutes of July 10, 2000 meeting and Resolution Adopting Final Budget for Fiscal Year 2001 along with Final Budget for Fiscal Year 2001 including Bond Information 3) Naples Heritage Community Development District - Minutes of meeting with attachments held by the Board of Supervisors on July 10, 2000 and Resolution Adopting Final Budget for Fiscal Year 2001 along with Final Budget for Fiscal Year 2001 including Bond Information Minutes: 1) Collier County Airport Authority - Agenda of November 13, 2000 2) Golden Gate Beaufifieafion Advisory Committee - Agenda October 10, 2000 and Minutes of September 12, 2000 Other: 1) Medical Examiner's Commission Annual Report AGENDA ITEM No. NOV 2 8 2000 Pg. I 2) Page 2 of 2 Florida Development Finance Corporation - Annual Report for year ending June 30, 2000 AGENDA ITEM No. /G~' NOV 2 8 2000 pg. 2- ,, EXECUTIVE SUMMARY ACCEPT AN ARTICLE V TRUST FUND GRANT-IN-AID OF $57,815.00 FROM THE OFFICE OF THE STATE COURT ADMINISTRATOR AND AUTHORIZE CHAIRMAN TO SIGN THE AGREEMENT. OBJECTIVE: To accept an Article V Trust Fund Grant-in-Aid of $57,815.00 from the Florida Office of the State Court Administrator and authorize Chairman to sign the agreement. CONSIDERATION: Collier County has been awarded an Article V Trust Fund Grant-in- Aid for $57,815.00 from the Florida Office of the State Court Administrator. A work plan for the expenditure of the grant funds and a request for the funds must be submitted by December 8, 2000. Staff recommends funds be used for criminal case court reporting, one of the permitted uses. The Chief Judge of the Twentieth Judicial Circuit has agreed to this allocation. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Fund 681, Court Administration, will receive $57,815.00 in cost center 410310 (Court Reporting). Funds will be expended for that cost center 410310, object code 633010 (appearance fees). RECOMMENDATION: The Board of County Commissioners accept the Grant-in-Aid of 57,815.00, authorize the Chairman to sign the agreement, approve work plan, and approve budget amendment. Prepared by: MARK MIDDLEBROOK Sr. Deputy Court Administrator Date: November 14, 2000 Reviewed by: Michael Smykowski Budget Director Reviewed by:..(~?=_._ '.._~ ~'~'.~2.~~Dated: November c,~-(,-~ Office of the County Attorney Date: November ? c/ , 2000 ,2000 AGENDA iTF..'~ I I N°--I(~ ~ [-., NOV 2 J~ 2J~ Pg'- ';,~ ' Article V Trust Fund Grant-in-Aid Agreement for Collier CounW, Florida This Agreement is made among the Florida Supreme Court, Office of the State Courts Administrator (the "OSCA"), the Collier County Board of County Commissioners (the "Gran[ee"), and the Twentieth Judicial Circuit (the "Grant Manager"). The parties agree that: The OSCA will pay the Grantee up to $57,815 as a grant-in-aid pursuant to Specific Appropriation 2670D of the 2000-01 General Appropriations Act and {}25.402, Florida Statutes, for costs incurred under Article V, Florida Constitution, in operating the state cotms system, including costs incurred in providing and maintaining court facilities. Grant funds will be paid out in 2 disbursements prior to August 1, 2001. Payments will be contingent upon sufficient County Article V Trust Fund collections. The Grantee has a population of 75,000 or greater, and will use grant monies provided under this Agreement in accordance with §25.402(1)(d)(2), Florida Statutes, for expert witness fees in criminal cases, court reporting and transcribing costs in criminal cases, and costs associated with the appointment of special public defenders. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than December 8, 2000. The OSCA will disperse funds on or before February 1, 2001 and August 1, 2001. The Grantee, in consultation with the chief judge of the Twentieth Judicial Circuit, will submit a detailed, written plan for use of grant funds to the OSCA no later than December 8, 2000, for the OSCA's use in reporting to the Flor/da Legislature. The Grantee will invest grant funds that are surplus to current needs or pending distribution in accordance with the requirements of {}219.075, Florida Statutes. The Grantee will release grant funds in accordance with Collier County purchasing policies and rules. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. In accordance with the Article V Distribution Plan developed by the OSCA, the Grantee will return grant funds not encumbered by June 30, 2001 to the Article V Trust Fund for distribution to all counties in the fund's fourth year. The Grantee as a "Recipient" of state funds. will comply with the Florida Single Audit Act, section 215.97, Florida Statutes, as follows: In the event that the Recipient expends a total amount of State awards equal to or in excess of $300,000 in the Recipient's fiscal year, the Recipient must have a State single or project- specific audit for such fiscal year in accordance with section 215.97, Florida Statutes and applicable rules of the Executive Office of the Governor and the Comptroller. (Attachment A). Applicable rules of the Executive Office of the Governor and Comptroller, and other information pertaining to the Florida Single Audit Act can be found at: Page I of 3 http:/lsun6.dms.state. fl.uslfsaaJ. AG~:NDA. ITEM NOV 2 8 2000 ,pg. The Catalog of State Projects establishes that state funds were awarded to the Recipient through the State Courts System, Office of the State Courts Administrator. (Attachment B) In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the State Courts System, except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. The Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Florida Statutes, and the State Projects Compliance Supplement. (Attachment C) Compliance includes submission of a reporting package as defined by section 215.97(2)(d), Florida Statutes. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97 is not required. Audit costs may not be charged to state projects when the Recipient expends less than $300,000 in State awards. Unless prohibited by law, the cost of an audit required by section 215.97 is an allowable charge to a state project. However, charges to state projects should be limited to those incremental costs incurred by the Recipient as a result of the audit requirements of section 215.97 in relation to other audit requirements. The Recipient should allocate the incremental costs to all state projects for which it expended state financial assistance. The Recipient shall submit copies of reporting packages required by section 215.97 to each of the following: The Office of the State Courts Administrator at the following address: Donna Brewer Grants Administrator Office of the State Courts Administrator 500 South Duval Street Tallahassee, FL 32399-1900 Do The Auditor General at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 The Recipient shall retain sufficient records demonstrating compliance with the terms of this Agreement for a period of 4 years from the date the audit report is issued, and shall allow the OSCA access to such records upon request. The Recipient shall ensure that audit working papers are made available to the OSCA upon request for a period of 4 years fxom the date the audit report is issued, unless extended in writing by the OSCA. Pursuant to section 215.97, the OSCA, the Florida Supreme Court Inspector General, the Auditor General and other state officials may conduct additional audits or evaluations of state financial assistance provided to the Recipient under this Agreement. -- AGEND~ ITEM -- N°'4 ¥-- t NOV 2 8 2000 Page 2 o£ 3 pg. D. This Agreement is subj~t to the following terms and conditions: The OSCA's obligation to pay the Grantee is contingent upon the availability of state funds lawfully appropriated for the purposes stated in Paragraphs A and B. The Grantee will hold title to any equipment purchased with grant funds, unless general law provides otherwise. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with Rule 2.051, Florida Rules of Judicial Administration. In providing or contracting to provide services, programs or activities, maintaining facilities., and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in the judgment of the OSCA, the Grantee fails to comply with the terms of this Agreement, the OSCA may terminate the Agreement on 30 days written notice by certified mail. In the event of termination, the Grantee will return to the OSCA all grant funds, except those expended in compliance with this Agreement, for reversion to the County Article V Trust Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 200I. FLORIDA SUPREME COURT, OFFICE OF THE STATE COURTS ADMINISTRATOR GRANTEE Kenneth R. Palmer State Courts Administrator Date GRANT MANAGER The Honorable William L. Blackwell Chief Judge Twentieth Judicial Circuit The Honorable James D. Carter, Ph.l? Board of County Commissioners Collier County Date Chair Dat Page 3 of 3 EXECUTIVE SUMMARY REQUEST THAT THE BCC AUTHORIZE THE EXPENDITURE OF FUNDS FOR THE PURCHASE, DISASSEMBLY, MODIFICATION AND INSTALLATION OF HIGH DENSITY FILING EQUIPMENT FOR CENTRAL RECORDS AND HUMAN RESOURCES. OBJECTIVE: To obtain authorization for expenditure of funds for the disassembly, modification, and installation of high density filing equipment for the Central Records Bureau. CONSIDERATIONS: With the movement of several administrative units to new facilities in Building J-l, additional office space has been allocated to the Central Records Bureau in Building J which will allow for a needed increase in their high density filing system. The existing system will be realigned and increased by 22%. The modifications will be made by United Business Systems, the provider of the existing system, under the terms and conditions of State of Florida contract #420-590-98-1. FISCAL IMPACT: Total cost for this project is $4'1,725.00. Funds are budgeted and available from fund 301 account 301-611010-763100-01010. GROWTH IMPACT: None. RECOMMENDATION: That the Board of Commissioners approve the procurement of the high density filing equipment under the terms and conditions of State of Florida contract 420-590-98-1. ---__ ~rys[ai:~.~I~inzel', Finance DirectOr, APPROVED BY: '~,"~": i ' ~--i : Don Bunt. er, Sheriff DATE: November 10, 2000 EXECUTIVE SUMMARY APPROVAL OF THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL 283 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. ADALBERTO A. HERRERA, 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 Parcel 283 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Adalberto A. Herrera, et al., Case No. 00-1980-CA. CONSIDERATIONS: On September 14, 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 September 29, 2000, Collier County deposited with the Registry of the Court the sum of Six Hundred and No/100 Dollars ($600.00) for Parcel 283 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Ignacio D. and Mayra Socorro, will be fully and fairly compensated for the properly interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-289). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Nine Hundred and No/100 Dollars ($900.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel 283, and One Hundred Thirty-Four and No/100 Dollars ($134.00) to be paid to Liliana Avellan, Esq. as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Four Hundred Thirty-Four and No/100 Dollars ($434.00) 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 IM PACT: Cost: $434.00 Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax Road Construction Project Number: 63041 - Golden Gate Boulevard 1 GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $434.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney REVIEWED BY: REVIEWED BY: APPROVED BY: A. N. Korti, Project Manager Transportation Utilities and Engineering Department TranSportation Administrator / David C. Weigel w' ~ - County Attorney Date: Date: 2 i941774D225 COUNTY ATTORNEY 141 PE12 SEP 13 'EJO 16:25 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLL~R COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, rs. Petitioner, CASE NO. 00-1980-CA CIVIL ACTION ADA! RERTO A_ HERRERA, et al. PARCEL: 283 Respondents. $T[PULAT]ED F~AL J-U1)GMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, IGNACIO D. SOCORRO and MAYRA SOCORRO, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 283, 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, IGNACIO D. SOCORRO and MAYRA SOCORRO, and the Court being otherwise fully advised in the pr~-dses thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, IGNACIO D. SOCORRO and MAYRA SOCORRO, have and recover from Petitioner, COLL~R COUNTY, FLORIDA, the sum of Nine Hundred and No/100 Dollar~ ($900.00) for Parcel No. 283 as full payment 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; it is further ORDERED that Respondents, IGNACIO 'D. SOCORRO and MAYRA SOCORRO, receive from Petitioner as a reasonable attorney fee the sum of One gtundred Thirty-Four and No/100 Dollars ($134.00). No other attorney fees or costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No, 282 1941774D225 COUNTY ATTORNEY 141 PD3 SEP 13 'DD 16:25 ORDERED that Petitioner shall deposit an additional Four l~lundred Thirty-Four sad No/100 Dollars ($434.00) 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 shall disburse the total amount of Nine glundred and No/100 Dollars ($900.00) to Garcia & Avellan, P.A., Trust Account, cftc Liliana Avellan, Esq., 201 Alhambra Circle ,Suite 500, Coral Gables, FL 33134-5107, less any amounts previously paid for the benefit of Respondents, IGNACIO D. SOCORRO and MAYRA SOCORRO; and it is further ORDERED that the Clerk shall disburse the total mount of One ~Hundred Thirty-Four and No/100 Dollar~ ($134.00), being Respondent's reasonable attorney fees, to Liliana Avellan, Esq., Garcia & Avellart, P.A., 201 Alhambra Circle, Suite 500, Coral Gables, FL 33134-5107; and it is further ORDERED that title to Parcel No. 283, drainage, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, 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 2684, Pages 1043 to 1050, of the Public Records of Collier County, Florida be dismissed as to Parcel No. 283; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ..... 2000. Ted Brousseau Circuit Court Judge conformed copies to: Heidi F. Ashtort, Assistant County Attorney; Liliana Avellart, P.A.; Ignaeio D. & Mayra Sototto Collier County Tax Collector; and Bookkeeping ' AGENDA ITEMS. NO. ", 2000 ,~OINT MQTION FOR STIPU~--&~_D FINAL The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgmem. Dated: /~ ~ ~' - ~C~ Florida Bar No. 98?735 Garcia & Avellar~ PA. 201 Alhambra Circle, Suite 500 Coral Gables, FL 33134-5107 (305) 447-0026 - Phone (305) 447-1250 - Facsimile _I~',IDI F. ASHTON, ESQUIRE Florida Bar No. 966770 Assistant County Attorney 3301 East Tamiami Trail, 8~ Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner - AGENDA rTE, M ,~ / ov ooo PROJECT PARCEL NO. .EG^L ESCmPT ON (NOT A SURVEY) The Nodh 15 feet of the South 65 feet of the East 150 feet of Tract 101, Golden Gate Estates Unit No, 10, as recorded In Plat Book 4, Page 101 of the Public Records of Collier County, Florida. WEgT PROPERTY LINE .PROPERTY LINE FEET (QOLOEN QATE BLVD.1 SOUTH PROPERTY LINE ~' SCALE: linch = IOOfeel EAST PROPERTY LINE N ,, , 18 FOOT DRAINAGE AND UTLITY EASEMENT (EXISTINO ~0 FT, ~ EASEMENI1 Y~ ~ . George. R,'l~ichmond P,L,S, 4 Public Works Engin~crlng DcpL 3301 Tamlain[ Trail E~sl ' Naples, FL 34112 Coillet CounlT Rell P~opa)ty Manmoemenl De.admant NOV i~, 2000 Pg. ~ EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO DEFENDANTS, GARRETT F.X. BEYRENT AND TERYL H. BRZESKI, FOR PARCEL 99/915 IN THE AMOUNT OF $2,400.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. ANTHONY D'ANTUONO, ET AL., CASE NO. 91-3983-CA OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to 73.032 Fla. Stat. to Defendants, Garrett F.X. Beyrent and Teryl H. Brzeski, in the amount of $2,400.00 as full compensation for the condemnation of Parcel No. 99/915 in Collier CounO' v. Anthony D 'Antuono. et al., Case No. 91-3983-CA. CONSIDERATIONS: On November 22, 1991, an eminent domain action was filed for the acquisition of property for road right-of-way, utility, drainage and maintenance easements. On February 25, 1992, an Order of Taking was entered in by the Circuit Court as to Parcel 99/915 (road right-of-way, utility, drainage and maintenance easements), and on March 12, 1992, the good faith estimate of value for this parcel was deposited into the Court registry, thereby vesting title in the parcel in Collier County. The Offer of Judgment, a copy of which is attached, offers the property owners of this parcel, Garrett F.X. Beyrent and Teryl H. Brzeski, the sum of $2,400 as full compensation for the property taken, including any severance damages, business damages, and costs to cure. This figure takes into account the basis for the appraised value and the potential risks in proceeding to trial. The making of the Offer of Judgment will require the .property owners to carefully assess their claims for compensation. Mr. Beyrent and Ms. Brzeski have thirty days from the date of mailing the offer to accept. If Mr. Beyrent and Ms. Brzeski accept, the County will be required to deposit an additional $600 into the registry, and the total sum of funds on deposit, or $2,400, will be paid to Mr. Beyrent and Ms. Brzeski by Stipulated Final Judgment of the court. If Mr. Beyrent and Ms. Brzeski reject the offer, and fail to recover more than $2,400 for Parcel 99/915, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Mr. Beyrent and Ms. Brzeski after the date of the offer's rejection. This would include any expert xvitness fees, such as appraisal fees, and attorneys fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $600 are available in the Naples Production Park MSTD Fund. Source of funds are Ad Valorem Taxes. NOV 1 q 2000 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve the terms of the Offer of Judgment and authorize its service on Defendants, Garrett F.X. Beyrent and Teryl H. Brzeski; and Approve the expenditure of funds as stated; and Authorize $600 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Garrett F.X. Beyrent and Teryl H. Brzeski; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. /Ellen T. Chadwell Assistant County Attorney , ,~. / / REVIEWED BY: ~ . '"~-~ .. -..' -- · John ~oldt, Director Stormwater Management Department Date: Date: ,/ x 't/ / REVIEWED BY: / ' ' / !' Norm Feder, Administrator Transportation Division Date: _ APPROVED BY: David C. Weigel County Attorney Date: ~//O/~ 2 AGENDA rTFJ~ -~ ' NOV 1 q 2000 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORDA CIVIL ACTION Petitioner, VS. ANTHONY D'ANTUONO, et al., Defendants. Case No. 91-3983-CA-01-CTC Parcel No. 99.0/915 TO: OFFER OF JUDGMENT AS TO PARCEL 99.0/915 Garrett F.X. Beyrent 3115 Collier Boulevard Naples, Florida 34116 Teryl H. Brzeski ffk/a Teryl Beyrent c/o Joseph Stewart, Esq. 2671 Airport Road South, Suite 302 Naples, Florida 34112 Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Defendants, Garrett F.X. Beyrent and Teryl H. Brzeski, arising out of the taking of Parcel 99/915, in the amount of Two Thousand Four Hundred and No/100 Dollars ($2,400.00) for Parcel 99/915, which amount includes the good faith estimate of value of $1,800.00, previously deposited pursuant to the Order of Taking. There are no non-monetary terms or other relevant conditions to this offer, except that this Offer does not include interest from the date of the Order of Taking or attorneys fees and costs. NOV 2000 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Defendants' review upon reasonable notice of such a request. Dated this day of ; 2000. Ellen T. Chadwell/FBN 983860 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. mail to Garrett F.X Beyrent, 3115 Collier Boulevard, Naples, FL 33116, Teryl H. Brzeski, c/o Joseph Stewart, Esq., 2671 Airport Road South, Suite 302, Naples, FL 34112, on this __ day of ,2000. Ellen T. Chadwell NOV 1 2000 EXECUTIVE SUMMARY PETITION: DRI-99-3, ALAN D. REYNOLDS OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING COLLIER COUNTY BOARD OF COLrNTY COMMISSIONERS, REQUESTING DEVELOPMENT OF REGIONAL IMPACT (DRI) APPROVAL FOR EXISTING AND NEW GOVERNMENT OFFICE BUILDINGS FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF TAMIAMI TRAIL (U.S. 41) AND AIRPORT-PULLING ROAD (C,R. 31) IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petitioner is requesting Development of Regional Impact (DRI) approval for existing and new government office buildings. CONSIDERATIONS: The Collier County Government Center was established at this location in 1962 and functions as the central governmental facility serving the unincorporated portion of Collier County. The Government Center provides a central location for governmental services provided by the Board of County Commissioners, as well as Constitutional Officers, including the Tax Collector, Property Appraiser, Sheriff and Supervisor of Elections. The Government Center is currently developed with 537,572 square feet of gross building area, and supports an employee population of approximately 1,100 individuals. The Government Center Master Plan indicates that buildout will be in 2012 and providing approximately 996,799 square feet. of gross building area. The additional building square footage will be accommodated through new construction, additions to existing buildings, as well as the replacement of buildings that have outlived their functional life. The Collier County Government Center is located on the northeast comer of Airport-Pulling Road (CR-31) and U.S. 41. It is also adjacent to existing multi-family residential to the east and commercial and residential to the north. It should be noted that the DRI that is being reviewed for regional impacts is on 885,855 square feet of non-vested office. The Collier County Government Center will also be enhanced with an improved traffic and pedestrian circulation plan, multi-story parking' garages and public open spaces. The Master Plan also includes an expanded surface water management system to provide additional water quality and stormwater manageinent. The Government Center project is to be constructed in three 5-'year phases, with construction anticipated to commence in 2000, and continue through 2012. These dates are estimates and actual commencement and the budget review process of the Collier County Board of County Commissioners and Constitutional Officers. 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). It is also within the US-41 and Airport-Pulling Road Activity Center that permits community facilities and government offices. It should be noted that this DRI 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) couldfit 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 of the Collier County Land Development Code. NOV 2 2000 ENVIRONMENTAL ISSUES: The subject site is currently used for government office uses. Since the site has been developed, no Environmental Impact Statement (EIS) is required. The Environmental staff has reviewed this DRI petition and has recommended approval. 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 DRI-99-3 subject to.the conditions of approval as described in the DRI Development Order. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Since the site is currently developed and was reviewed as a Development of Regional Impact, this petition was not required, to go to the Environmental Advisory Council meeting. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The Southwest Florida Regional Planning Council (SWFRPC) heard the DRI Assessment Report on October 19, 2000. The Regional Planning Council adopted the attached report prepared by its staff. In addition, the SWFRPC has indicated that Collier County provide the Southwest Florida Regional Planning Council staff and the Department of Community Affairs (DCA) with copies of any development order related to the proposed changes. DEPARTMENT OF COMMUNITY AFFAIRS: On November 1, 1999, the Department of Community Affairs (DCA) issued its Binding Letter of Interpretation of Vested Rights (BLIVR) status to Mr. C. Laurance Keesey, representing Collier County. This letter indicates that 110,943.95 gross square feet within the existing Collier County Government Center were authorized or constructed prior to July 1, 1973. Therefore, they are vested for purposes of DRI review. The November 1, 1999, BLIVR remains binding on Collier County and the DCA. On August 24, 1999, the Department of Community Affairs executed a Preliminary Development Agreement (PDA) between DCA and Collier County authorizing the construction of up to 34,600' square feet of gross floor area on 6.5 acres for expansion of the existing Collier County Jail facility. The PDA acknowledged that the County's proposed expansion of the Government Center is subject to DRI review and committed Collier County to filing an Application for Development Approval for the Collier County Govemment Center DRI. The PDA remains in effect and the ADA has been filed as part of the DRI review process. PLANNING COMMISSION RECOMMENDATION: The_ Collier County Planning Commission (CCPC) heard this petition on November 2, 2000. They unanimously voted (7 to 0) to forward this' petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the conditions of approval as described in the DRI Development Order. Since staff has not received any correspondence objecting to this p~oject, this petition has been placed on the Summary Agenda. 2 NOV 2 8 2000 PREPARED BY: RAY ~ELLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION D RON~/SF7-Ni~ - M~NAGER AICP, CURRENT PLANNING SECTION ~oB~ J~, D~CTOR PLANNING SERVICES DEPARTMENT APPROVED BY: DRI-99-3/EX SUMMARY/RVB/rb DATE DATE ' 1/~/°° · DATE DATE 3 NOV 2 8 2000 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES OCTOBER 12, 1998 PETITION NO: DRI-99-3, COLLIER COUNTY GOVERNMENT CENTER AGENT/APPLICANT: Agent: Mr. Alan D. Reynolds, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Owner: Collier County Board of County Commissioners Mr. Byron Camp, Director Facilities Management Department 3301 Tamiami Trail East Naples, Florida GEOGRAPHIC LOCATION: The subject property is located on the northeast quadrant of East Tamiami Trail~(U.S. 41) and Airport-Pulling Road (C.R. 31) in Section 12, Township 50 South, Range 25 East. (See iljustration on following page) REQUESTED ACTION: This petitioner is requesting Development of Regional Impact (DRI) approval for existing and new government office buildings.- PURPOSE/DESCRIPTION OF PROJECT: The Collier County Government Center was established at this location in 1962 and functions as the central governmental facility serving the unincorporated portion of Collier County. The Government C. enter provides a central location for governmental services provided by the Board of County Commissioners, as well as Constitutional Officers, including the Tax Collector, Property Appraiser, and Supervisor of Elections and Sheriff. 1 NOV 2 8 2[ 0 8 2000 C,O~RC~ RA~T REIIO~#TIAL Itl RON PARK J TIlE GLAOE~ I ,_, I ¢OI~IER¢IAI. COURTYARD ANNEX OFFICE ~ COMMERCIAL COURTHOUSE 0 100 200 400 .... SCALE: 1"-'200' NORTH FUTURE I.A~DU~ AT BUILDOUTACREAGE lu~ 1.74 COIlGAl. WAI...UART COLLIER COUNTY GOVERNMENT CENTER Prepired ~ Coler Co~x~ty BoeJ'd of County Commi~aioners The Collier County Government Center is currently developed with 537,572 square feet of gross building area, and supports an employee population of approximately 1,100 individuals. However, the Collier County Government Center Master Plan projects a build-out of 996,799 square feet in support of an estimated employee population of approximately 2,000. The additional building square footage will be accommodated through new construction, additions to existing buildings, as well as the replacement of buildings that have outlived their functional life. As shown on the air photo below, the Collier County Government Center is on the northeast comer of Airport-Pulling Road (CR-31) and U.S. 41. It is also adjacent to existing multi-family residential to the east and commercial and residential to the north. It should be noted that the DRI that is being reviewed for regional impacts is on 885,855 square feet of non-vested office space. The Collier County Government Center will also be enhanced with an improved traffic and pedestrian circulation plan, multi-story parking garages and public open spaces. The Master Plan also includes an expanded surface water management system to provide additional water quality and stormwater management. The Government Center project is to be constructed in three 5-year phases, with construction anticipated to commence in 2000, and continue through 2012. These dates are estimates and actual commencement and the budget review process of the Collier County Board of County Commissioners and Constitutional Officers will determine buildout. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The proposed expansion of the 55-acre Collier County Government Center proposes a build-out condition of 996,799 square feet gross building area. The Southwest Florida Regional Planning Council (SWFRPC) heard the DRI Assessment Report on October 19, 2000. The Regional Planning Council adopted the attached report prepared by its staff. In addition, the SWFRPC has indicated that Collier County provide the Southwest Florida Regional Planning Council staff and the Department of Community Affairs (DCA) with copies of any development order related to the proposed <:hanges,. 2 NOV 2 1t 2000 DEPARTMENT OF COMMUNITY AFFAIRS: On November 1, 1999, the Department of Community Affairs issued its Binding Letter of Interpretation of Vested Rights (BLIVR) status to Mr. C. Laurance Keesey, representing Collier County, determining that 110,943.95 gross square feet within the existing Collier County Government Center were authorized or constructed prior to July 1, 1973, and therefore are vested for purposes of DRI review. The November 1, 1999, BLIVR remains binding on Collier County and the DCA. On August 24, 1999, the Department of Community Affairs executed a Preliminary Development Agreement (PDA) between DCA and Collier County authorizing the construction of up to 34,600 square feet of gross floor area on 6.5 acres for expansion of the existing Collier County Jail facility. The PDA acknowledged that the County's proposed expansion of the Government Center is subject to DRI review and committed Collier County to filing an Application for Development Approval for the Collier County Government Center DRI. The PDA remains in effect and the ADA has been filed as part of the DRI review process. ST3cFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). It is that information which upon review by SWFRPC concluded with a finding that the proposed Collier County Government Center DRI will not create additional regional impacts or regional impacts. The Collier County Government Center Master Plan projects a build-out of 996,799 square feet in support of an estimated employee population of 2,000. The additional building square footage will be accommodated through new construction, additions to existing buildings, as well as the replacement of buildings that have outlived their functional life. It is anticipated that the Project will be a three-phased expansion, with the first phase ending in 2002, the second phase ending in 2007, and the third phase ending in 2012, which is the build-out year. Staff is of the opinion that this DRI will not adversely impact or effect the currently approved residential properties within or adjacent to the Government Center. In addition, the existing development standards will remain the same as currently approved. The proposed'expansion of the existing Government Center is necessary to provide the necessary services to a growing community. For the purposes of the transportation trip generation analysis, a significant portion of the existing floor area (110,944 s. f.) is considered vested for DRI purposes. These vested trips are included in the total trips at the Government Center entrances, but are not considered Project Trips for impact assessment purposes. The floor area under consideration for DRI review purposes is as follows. DEVELOPMENT PARAMETERS FLOOR AREA EXISTING PHASE I PHASE 2 PHASE 3 DRI 426,628 693,992 804,455 858,549 3 NOV 2 2000 TRIP GENERATION DAILY TRIPS PHASE 1 PHASE 2 PHASE 3 DRI* 16,793 19,040 20,165 * The non-vested trips have been used in calculating project significance on the surrounding roadway network. According to the DCA/DRI Transportation Uniform Standard Rule (9J-2.045), a project is found to have a significant impact on a State or regionally significant roadway if it utilizes 5 percent or more of the maximum peak hour service volume at the adopted LOS standard. The TIS indicates' that the roadway segments of US-41 from Airport Pulling Road to Rattlesnake-Hammock Road will be significantly impacted by the project. Several intersection improvements will be needed to support the project through 2012. The intersection improvements for Phase 1 includes turn lane improvements for Airport-Pulling Road and Davis Boulevard. Phase 2 will include turn lane improvements for US-41 and Airport-Pulling Road and Radio Road and Airport-Pulling Road. Lastly, Phase 3 improvements include additional turn lane improvements to those referenced intersections. STAFF RECOMMENDATION: That the Collier County Planning Commission recommends approval of Petition DRI-99-3 as described by the DRI Development Order resolution included in this Staff Report. 4 NOV 2 8 2000 ~.. PREPARED BY: RAY ~ELLOWS, PRINCIPAL PLANNER I~ENT PLANNING SECTION /-~ ~ONALb):? N~O, AICP, MANAGER ~ ~U~E~~G SECTION '= i~Ot~ER~ J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: JOI'~]M. D~CK, III, INTERIM ADMINISTRATOR COM~4t~TY DEV. ~ E~mO>,nV~Em~ SVCS. Staff Report for the November 2, 2000 CCPC meeting. DATE TE DATE, DATE ION: ,~VB/~~F ~PORT~-99-3 5 NOV 2 8 2000 Pg. STATE Of FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive, Rhyne Building Tallahassee, Flodda 32399 RPM-BSP-ADA-1 DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR DEVELOPMENT APPROVAL UNDER SECTION 380.06, FLORIDA STATUTES PART I. Application Information. I, Byron Camp, Facilities Mana,qement Director, the undersigned owner/authorized agent of The Collier County Board of County Commissioners, hereby propose to undertake a Development of Regional Impact as defined in Section 380.06, Florida Statutes (F.S.), and Chapter 28-24, Florida Administrative Code (F.A.C.). In support thereof I submit the following information concerning The Collier County Government Center, which information is true and correct to the best of my knowledge. (date) ~-' ~ '~' S'~g~ature ~fWOwner or Authorized Agent Owner/Developer (name, address, phone). State whether or not the owner or developer is authorized .to do business in the State of Florida pursuant to the provisions of Chapter 407, F.S. The Collier County Board of County Commissioners Collier County Government Complex 3301 Tamiami Trail East Naples, FL 34112 Phone: 774-8097 Fax: 774-3602 -1- Aq~..N~A ITEM NOV 2 8 2000 1{ Auth~)rized Agent and Consultants (name, address, phone). Land Use Planninq and DRI Team Leader (Authorized Aqent) Alan D. Reynolds, AICP President and Chief Executive Officer WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Phone: (941) 649-4040 Fax: (941) 263-6446 Le.qal Counsel (Authorized Aqent) George L. Varnadoe, Es.q. C. Laurence Keesey, Esq. Young, van Assenderp, Varnadoe, and Anderson P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Phone: (941) 597-2814 Fax: (941) 597-1060 EnRineerin.q Potable Water, Wastewater1 Stormwater Adolfo A. Gonzalez, P.E. WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Phone: (941) 649-4040 Fax: (941) 643-5716 Planninq and Community Resource Issues Bruce A. Rankin, RLA Dr. Richard Woodruff WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Phone: (941) 649-4040 Fax: (941) 643-5716 2/17199-62~k~1 Ver: 01!-MP£RRY N8203-001-00 I-PDRI-23207 -2- NOV 2 § 2000 Transportation Consultant Ron Talone, AICP David Plummer and Associates, Inc. 1531 Hendry Street Fort Myers, FL 33901 Phone: (941) 332-2617 Fax: (941) 332-2645 Housinq Consultant Adam Carnow WilsonMiller, Inc. 8875 Hidden River Parkway, Suite 250 Tampa, FL 33637 Rhone: (813) 615-1319 Fax: (813) 615-0407 Demoqraphics Consultant Chuck Mohlke 'Fraser & Mohlke Associates, Inc. 375 Second Avenue South Naples, FL 34106 Phone: (941) 262-1410 Fax: (941) 262-1150 Attach a notarized authorization from all persons or corporations (or authorized agents of said persons or corporations) having fee simple or lessor estate in the site indicating that each of these parties is aware of, and concurs with, the development of this property as described in this Application for Development Approval. Include the names and addresses of all parties with an interest in the property. In addition, include.descriptions of any other properties within one-half mile radius of the DRI site in which any of the parties with an interest in the DRI site hold a fee simple or lessor interest. 5~ The entire site is owned by Collier County. The site has been partially developed since the 1960's as the Collier County Government Center. The proposed development is an expansion of the existing Collier County Government Center and will be located entirely within land owned by Collier County, with the exception of any recorded easements. Attach a legal description of the development site. Include section, township and range. Please see Attachment 5-1, Legal Description. -3o NOV 2 8 2000 Pi[ .~---~- e Have you requested a binding letter of interpretation of DRI status or vested rights, clearance letter, agreement or preliminary development agreement from the Department of Community Affairs? If so, what is the current status of this determination? The Collier County Government Center has been the subject of the following Binding Letters and Preliminary Development Agreement: A. DCA BLID-982-038: On May 18, 1982, the Department of Veteran and Community Affairs issued a binding letter to Mr. C. William Norman, Collier County. Manager, concluding that the existing Collier County Government Center, together with a proposed expansion of 58,500 square feet, would not significantly impact natural resources or public facilities and therefore is not a development of regional impact. Collier County is proposing additional development at the Government Center which, fogether with non-vested development, will be reviewed as a DRI pursuant to Section 380.06, Florida Statutes. B. DCA BLIVR-0900-002: On November 1, 1999, the Department of Community Affairs issued its Binding Letter of Interpretation of Vested Rights Status to Mr. C. · Laurence Keesey, representing Collier County, determining that 110,943.95 gross square feet within the existing Collier County Government Center were authorized or constructed prior to July 1, 1973, and therefore are "vested" for purposes of DRI review. The November 1, 1999, BLIVR remains binding on Collier County and the Department. C. Preliminary Development Agreement: On August 24, 1999, J. Thomas Beck, Director of Community Planning for the Department of Community Affairs, executed a Preliminary Development Agreement between the Department and Collier County authorizing the construction of up to 34,600 square feet gross floor area on 6.5 acres for expansion of the existing Collier County Jail facility. The PDA acknowledged that the County's proposed expansion of the Government Center is subject to DRI review and committed Collier County to filing an Application for Development Approval for the Collier County Government Center DRLwithin 120 days.. The PDA remains in full force and effect, and the ADA has been filed. List all local governments with jurisdiction over the proposed development. Collier County is the local government having jurisdiction over this development. I~ 2/17/99-628RI Vet: 01!-~,~P~'RRY L~N8203-001-001 -PDRI-23207 NOV 2 8 2000 /f/ Attachment 5-1 (10 pages) Agnoli, Barber & Brandage, Inc. Ceixificate of Authorization Number LB 3664 7400 Tamiami Trail North Naples, Florida 34108 Report of Boundary Survey of Part of Section 12, Township 50 South, Range 25 East; Collier County, Florida ABB PN 7340-4, September~, 1997 Ref. ABB File NO. 6241 Map of Boundary Survey: See Map of Boundary Survey of Collier County Government Complex, lying in Section 12, Township 50 South, Range 25 East, Collier County, Florida, dated .~, ~rn~JJ~.~ ~:P/~ 7. This Survey Map and Report is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper which can be found at the end of this report. The Map and Report are not full and complete without the other. Legal Description: Furnished by the client Official Record Book 93, Page 552 Official Record Book 93, Page 554 Official Record Book 165 Page 402 Official Record Book 630, Page 593 Official Record Book 994, Page 234 Official Record Book 147, Page 501 Less and except right-of-way parcels 140a and 140b, as described in Official Record Book 2061, pages 1241-1246, all of Public Records of Collier County, Florida. Also I have prepared a new description entitled "Description of Lands Surveyed" reference sheet 2 of 2 of Map of Boundary Survey. See attached Exhibit A. Accuracy: The expected use of the land, as classified in the Minimum Technical Standards (61G1'7-6 F.A.C.), is Corranercial/High Risk. The minimum relative distance accuracy for this boundary survey is 1 foot in 10,000 feet. The accuracy obtained by measurement an~ calculation of a closed geometric figure was found to exceed this requirement. NOV 2 8 2000 Report of Boundary Survey ABB PN7320-4 October 1, 1997 (continued) Data Sources: The property descriptions were furnished by the client. Current Title Search or Abstract for the property was not provided nor reviewed. Additional instruments for fight-of-way takings information was provided. For fight-of-way Parcels 140a, and 140 b, in Official Record Book 2061, Pages 1241 through 1246. Reference to U.S. 41, S.R. 90. Right-Of-Way Maps, Section 03010-2554, prepared by Florida Department of Transportation, copies were obtained from Florida Department of Transportation. Limitations: The right-of-way of U.S. 41, S.R. 90 was established from reference to the Right-Of-Way Maps, for U.S. 41. The areas of fight-of-way takings were established from the provided right-of-way descriptions. Boundary Inconsistencies: Any differences in the boundaries found in the survey from field or map calculations, from deeds, plats or other reference sources is shown on the Map of Survey. Apparent Physical Use: U.S. 41 (S.R. 90) abuts the property to the south, Airport Road (C.R. 31) abuts t~J the west. The property today is being used as the Collier County Government Complex. Easements: Easements as shown on map, from provided copies of Official Records. Location of Fixed Improvements: The location of buildings, lake and drainage structures and connecting pipes were field located. Location of other improvements will be obtained with the aid of aerial photography provided by Aerial Cartographi.cs of America, Inc. who .will provide planimetric features to supplement this survey. Note: U.S. 41 is under construction at the time of this survey. 2 NOV 2 8 2000 Report of Boundary Survey ABB PN7320-4 October 1, 1997 (continued) Prepared For: Office of Capital Projects Management 3301 Tamiami Trail East Building "D" Naples, Florida 33962 For the Benefit of: Office of Capital Projects Management, Surveyor and Mapper in Responsible Charge: Wayne D. Agnoli Registered Surveyor and Mapper//~ License Number L.S. 5335/~ F//'x ~-O~ I KZDOC Seal: 3 NOV 2 8 2000 ,,. ,,'7 - (h~re~ter cnLl~5 ~ ~rantee}. NOV 2 8 2000 n., /~ /.'. EXHIBIT ..: ~ ~r~eo~ vi~ ~ oea~rli~ o~ ~ T.ni~ Tr~ll (U.S. ~) Ior~ 0° 1~' ~" Weft 1119.76 ;eet ~ ~ ~ ' -'. · · ~ ~.I~ feet ~ a &o ~b ~t .~;? .* ·: ~.?~.~.~'~rc ~)~ ~, tor~ o° ~' ~' ~,,t '~: ?.-~[~"-:-" ' :~t ~ ~i ~e o~ Ior~ 0o 'r; ", ~:,/.".i~.:~d ~ ~a &l· 1~ ~t 1]~.~ Foe~ '~:/:~::;}j:;-~.:~ ~ ~ ~' ~ ~.~ ?~.~ feet ~ ,:'..'.':'~:~.~)~i '~ ~ ~8 1~ Volt ~.~ feet ~ a c~ mo~nt; . c L'~.::~.~.~:,.. 1e 0~" ~ I ~.W ~ 117.~ toefl ~ ~or~ ~ ~ 17 ' :~ -' ~'~ "::"~e'~ ~ ~1' 1~ ~ol~ 2~.~ Foot ~ ~ ~ DeG3~L..... l:l. na .13S.00 "£eet to:':a H:e mcn~nt I: et Dewey R, Iiargiulo, as Trustee 2903 Calvin Boulevard Fort Myers, Florida (haremafter ca, led the Brantea). The Ors.n~or, in consideration of the sum of Ten Dollars and other e~ w~luab~e co~i6erations, the receipt ~e~of Is hereby mo~owle~ged, hereby ~ts, ~arga~e~ ae~s, %r~fer and co~e~ to the Grantee, and %he Or~ntea,e heirs, ~ceee~ore ~d Gaelic, tho fo~ow~ desc~bed l~ds situate, l~u~ berg ~ xxxxxxxxxx~xx~~m~axe~aE~ the Southwest quarter :5W~) o~. Sectlon 12, Towsship ~0 South. Range 25 East. Co1.1~er County, State o~ Co, eating at the Southwest corner of Section 12; :hence along the West ',ins S.sC:lon 12. North O° 18' 50" Wes( 1858.2~ fee:: thence North 89° ql' ~O" ~eet :o the Northwest co~ner of the Court House s~te; thence cont~nuln~ North 8~° ~' 10" East 13~.00 ~eet: thence North ~5o ~2' ~5" East 5q2.63 feet~ :hence' ~'~ North 0o 18' ~0" West ~..~6 feet for the PLACE OF B~GINNING of th~s desc~ptlon; t~hence North O° 18' 50" West 200.00 fe~t; thence North 89° $I' 10" East 10~8.~0 feet; thence South 2o 52' q3" East 117~f39 feet; thence South ~7° 15"23" West ~280.~& fast to the Northeasterly right-of-way Ii~e of the Tamlemi Trail (U.S. ~i); thence alon~ sald r~ght-of-way line, Northwesterly 260.00 feet along the arc of e circular curve concave to the Southwest. radius 5788.6S feet,'subten~ed chord which beers North ~o O~' ~" West 259.96 feet; thezce North ~o q:, 00" E~st 1116.89 feet; thence North 87° O7' 17'~ last 129.62 feet; thence North 2o 52' ~3" West 7~0.OO feet; thence North Oo 18' 50" Wes~ 1~3.~6 feet; thence South 87° 07' 17'm West 873.00 feet; to the Place of Beginning; containing 16.76 acres of land~ more cr less. ~OET~R with a~ t~t~, hsre~t~en%l ~d &p~e~nces~ end ~ r~htl~ ~ ~eSea, %itlas~ xnte~ats, estates, ~versi~n% r~n~'~rs; o~s~en%8~ 5~CT to e~ o~, gas or ~or~ l~es or i~osta of' rec0~s a~d to ~%~itioa, %olophonu and ~wor l~en~ %o~w pit~ ~tf~ dit:h~ ~d ~-ain~, 'L;, '" ~'. ~ " '. '.~ ' ' · ,~!t.~i:.'.:?~ ~:,~'"i,'.'!! ':~:~'. ,.-'..' ,..:....~.~ ,:. ~..rrant~ . ~~" ~ '~2'8th ~'" ~yof' Octobe~ ,~O. 19 B~ ,'~.D~Y X~ ~ZU~, ~stee and ~nd~vLdual~y ,~:..~ ..: ' .... :, ,- :~v~...'.., '~ . ... ~e ~ ~ ~ ~,'~:'~l~l~':~ty Courthouse, ~=a~l~s, r~ 33942~ ~ ;... '.. ~.~:... : :...,~..~ ;~ 9~ : ~. .,.. ~ · , ~ ~T;'~ ~ ..~ . . '. S~ Sou~' ~ge 2~ ~a~t, Co11~et County, ~otida~ . . I~:~j '- ~: ~ . ...t~nce~'A!~r:~.:L~e ~es~:lt~e o~ said Section 12, .:I~F2;~ ';'.~";~' ~";':'.o~,343v4~..feet~ 't~nce'~,8~'41'10~'~, a dtsta:ce og 1058.70 .'.~::~::~::,~" "~;'f': .~'~' ' ~eet': :.'tAeAei~s .2.~2,.43~;~; "a',dls~nce ot 1~4. $9 ~eet; :hence ~;~,~'.':.'T'4N'..~'//?,~?'--,~' ~ ,'~,~s/?o'~i~..'.~ :. ':'"':~ -"' -. ~..~:-~..~ ~.~L~ .... r~'~- : .... .~ ~ ;. = ~ ,.,:.? ~-.su~;~.~ ~, · ~ ~,=' .~ .... .. ;._f · .:... h.:,~ , .., . ..,..: . .- ~ ~ .;: · : '/,"~," ~' :.: . ~': ~,.: :'~:.:~'.~ ~ D~Z R. GARGZU~:3 NOV 2 8 2000.' L ,. S F-CTI ON 03010-2554 PARCEL 140 A) That portion of the southwest 1/4 of Section 12, Township 50 South, Range 25 East, Collier County, Florida. Being described as follows: Commence at the southwest corner of said Section 12; thence along the west boundary of said Section 12, North 00'16'55" West, 1,165.26 feet to the survey base line of State Road 90 (U.S. 4'1); thence along said survey base line South 52'00'49" East, feet; thence North 00'16'55" West, 76.42 feet to the intersection of the easterly right of way line of Airport-Pulling Road (per Deed Book 11, Page 56) and the northerly existing right of way line of said State Road 90 (U.S. 41) (])er Section 03530-2607) for e POINT OF BEGINNING; thence along said easterly right of way line North 00'16'55" West, 28.02 feet; thence South 52'00'49" East, 224.62 feet; thence South 37'17'37" East, 52.26 feet to the beginning of a curve concsve southwester/.y; thence along the arc of said curve to the right, having a radius of ],856.72 feet, central angle of 03'42'07", an arc length of 249.19 feet, the chord for which bears South 48'41'15" East to the end of ~aid curve; thence South 42'09'51" West, 19.70 feet to said northerly -- existing right of way line (per Section 03010-2116) and the beginning of a curve concave southwesterly; thence along said northerly existing right of way line, the arc of said curve · he left, having a radius of 5j788.65 feet, a central angle o[ 02'47'14", an arc length of 281.61 feet, the chord for which bears North 49'13'46" West to said northerly existing right of way line (per Section 03530-2607) and the end of said curve; thence along said northerly existing right of way line, North 39'22'37" East, 11.69 feet; thence Nor~h 52'00']2" West, 224.14 feet along said northerly existing right of way line to the O~ BEGINNING. Containing 11,150 square feet. ALSO EXHIBIT "A" Page ~. AGENDA ITEM NOV 2 8 2000 Pg B) Tilat portion of the southwest 1/4 of Section 12, Township 50 South, Range 25 East, Collier County, Florida. Being described as follows: Commence at the southwmst corner of said Section 12; thence along the west boundary of said Section 12, North 00.16'55" Wost, 1,165.26 feet to the survey base line of State Road 90 (U.S. 41); thence along said survey base line South 52'00'49" East, 125.22 feet to the beginning of a curve concave southwesterly, thence continue along said survey base line, the are of said curve to 'the right, having a radius of 5,738.58 feet, a central angle of 05040'32", an arc length of 568.45 feet, the chord for which bears South 49'10'33" East to thm end of said curve; thence Horth · 42°09'51" East, 50.02 feet to the northerly existing right of way of said State Road 90 (U.S. 41) (per Section 03010-2116) for a POINT OF BEGINNING; thence continue Horth 42°09'51" East, 16.11 feet to the beginning of a ~urve concave southwesterly; thence along the arc of said curve to the right, having a radius of 3,856.72 feet, a central angle of 05'13'22", an arc length of 351.55 feet, the chord for which bears South 41'59'43" East to said northerly existing right of way line and the end of said curve to a point of intersection with a non-tangent curve conca~ southwesterly; thence along said northerly existing right of way the arc of said curve to the left, having a radius of 5,788.65 feet, a central angle of 03"27'59", an arc length of 350.22 feet, the chord for whluh bears North 44'37'04" West to the end of said curve and to the POINT OF BEGINNING. Containing 3,136 square feet. Legal. pqscriptlon Approved by: William L?. Ray P.L.~/' 12737 Da~e: _ f,;k~- dF- NOT VALID UNLESS EMBOSSED EXHIBIT "A" Page A AGENDA ITFJ~ NOV 2 8 2000 SWFRPC'S OFFICIAE RECOMMENDATIONS Agenda Item 4(a) DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT FOR COLLIER COUNTY GOVERNMENT CENTER DRI # 12-9900-151 The 55 acre Collier County Government Center Development of Regional Impact (DRI) is located in unincorporated south Collier County at the northeast comer of Airport-Pulling Road and U.S. 41 (see. Location Maps). The DILl is being reviewed for regional impacts on 885,855 square feet of non-: vested office. Total currently existing office development is 537,572 square feet of which 110,944 square feet is vested because it was approved for construction prior to July I, 1973. Total development at buildout is proposed to be 996,799 square feet of office. The jail detention Center, which exists on this site, is exempt from DRI review; however, the support area of the jail is classified as office. The DRI land uses at buildout include 8.74 acres of buildings, 15.14 acres of pavement, 24.50 acres of opens space and 6.53 acres of water management lakes (see Master Development Plan). To accomplish the proposed project a combination of retrofitting existing buildings, including additions thereto, demolition and total removal of certain buildings which have outlived their functional life, and the construction of new state of the art facilities. The project will also be enhanced with an improved traffic and pedestrian circulation plan, multi-story parking garages and public open space. The City of Naples and the Collier County Water/Sewer District will provide wastewater treatment and water supply. The project is planned to be constructed in three phases, with project buildout in 2012. RECOMMENDED ACTION: The Southwest Florida Regional Planning Council recommends Conditional Approval of the Collier County Government Center DRI to be further conditioned on a finding of Consistency with the Local Government Growth Management Plan by the Collier County Board of County Commissioners. OCTOBER 2000 Southwest Florida Regional Planning Council 4980 Bayline Drive, N. Fort Myers, Florida AG~A ITEI~ NOV 2 8 2000 Pg. ITEM NOV 2 8 200O SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL MEMBERSHIP CHAIRMAN .......... Commissioner Adam Cummings VICE CHAIRMAN .......... Ms. Nancy Shore SECRETARY ..........Commissioner Shannon Staub TREASURER ..........Councilman Ray Murphy CHARLOTTE cOUNTY Commissioner Mac Horton Commissioner Adam Cummings Councilor Marilyn Smith Mr. Frederick R. Leonard Mr. John R. Watts COLLIER COUNTY Commissioner James D. Carter (Vacancy) Councilman Gary Galleberg Mr. Michael J. ¥olpe Ms. Adria D. Parsons GLADES COUNTY Commissioner Kenneth S. Jones Commissioner Robert Giesler Councilman Stephen Taylor Ms. Nancy Shore HENDRY COUNTY Commissioner Ann Fussell-Thomas Commissioner Charles M. Martinez Commissioner M. Franklyn Jones Ms. Janice E. Groves LEE COUNTY Commissioner John Manning Commissioner John Albion Councilman Larry Murphy Councilor Nola Theiss Councilman Mike Flanders Mayor Ray Murphy Councilman Jay Arend Ms. Margaret Emblidge Mr. James H. Crumbie SARASOTA COUNTY Commissioner Robert Anderson Commissioner Shannon Staub Commissioner Rue Berryman Vice Mayor Jim Myers Mr. James A. Paulmann. Mr. Alan Maio EX-OFFICIO MEMBERS Mr. Chip Merriam, SFWMD Ms. Janet Watermeier, Lee County Economic Development Mr. Richard Cantrell, FDEP Mr. Steve Minnis, SWFWMD Mr. Mike Rippe, FDOT (Interim) SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL STAFF WAYNE E. DALTRY ..........EXECUTIVE DIRECTOR DAVID Y. 'BURR .......... PLANNING DIRECTOR DAVID E. BRUNER ........ LEGAL COUNSEL Glen H. Ahlert Patti Armbruster Rick Carpenter Dorothy Cook Cathy Corbett Nancy D'Alessandro Julia B. Davis John L. Gibbons Ron Gogoi Nichole Gwinnett Glenn E. Heath Ken Heatherington Maran Hilgendorf Deborfih A. Holly David Hunt Xiaodan "Dawn" Qiu Brian Raimondo Jock Robertson Deanne Robison Danielle Rosenthal Rudy -Rudolph Jennifer Stein Daniel L. Trescott Timothy Walker Janice Yell /7A 2 8 NOV PRIMARY STAFF FOR COLLIER COUNTY GOVERNMENT CENTER DRI REVIEW Coordinator - Daniel L. Trescott Energy, Consistenc3 with Local Comprehensive Plan and Strategic Regional Policy Plan - Daniel L. Trescott Affordable Housing - Dottie Cook Solid, Hazardous and Medical Waste -John Gibbons Transportation - Ken Heatherington ~,GENDA ITEM NOV 2 8 2000 TABLE OF CONTENTS Page Introduction ............., .......................................................................................i Applicant Information and Development Summary .....................................................ii Location Maps ................................................................................................iii Master Development Plan ...................................................................................-.-v Regional Recommendations ............................................................................, .....1 Local Recommendations .....................................................................................19 Appendices: Staff Reports and Support Data ..........................................................21 Appendix I: Regional Issues Analysis A. Affordable Housing .................................................................................I-A-1 B. Energy .................................................................................................I-B-1 C. Consistency with the Local Comprehensive Plan ..............................................I-C-1 D. Transportation ........................................................................................I-D-1 E. Consistency with Strategic Regional Policy Plan ..............................................I-E-1 Appendix II: Local Issues Analysis A. Solid, Hazardous and Medical Waste ...........................................................II-A-1 Appendix III: Draft Development Order ..............................................................III-1 Appendix IV: Substantial Deviation Monitoring Form .............................................IV-1 Appendix V: South Florida Water Management District Comments ...............................V-1 Appendix VI: Florida Department of Transportation Comments ..................................VI-1 AGEJ~A I1 · .,r NOV 2 8 2000 INTRODUCTION The 55 acre Collier County Government Center Development of Regional Impact (DRI)'is located in unincorporated south Collier County at the northeast comer of Airport-Pulling Road and U.S. 41 (see Location Maps). The DRI is being reviewed for regional impacts on 885,855 square feet of non- vested office. Total currently existing office development is 537,572 square feet of which 110,944 square feet is vested because it was approved for construction prior to July 1, 1,973. Total development at buildout is proposed to be 996,799 square feet of office. The jail detention center, which exists on this site, is exempt from DRI review; however, the support area of the jail is classified as office. The DRI land uses at buildout include 8.74 acres of buildings, 15.14 acres of pavement, 24.50 acres of opens space and 6.53 acres of water management lakes (see Master Development Plan). To accomplish the proposed project a combination of retrofitting existing buildings, including additions ihereto, demolition and total removal of certain buildings which have,'.. outlived their functional life, and the construction of new state of the art facilities. The project will'' also be enhanced with an improved traffic and pedestrian circulation plan, multi-story parking garages and public open space. The City of Naples and the Collier County Water/Sewer District will provide wastewater treatment and water supply. The project is planned to be constructed in three phases, with project buildout in 2012. The Southwest Florida Regional Planning Council as required by Chapter 380.06, Florida Statutes, has prepared the impact assessment for Collier County Government Center DRI/ADA. The DRI assessment is largely based on information supplied in the ADA. Additional information was obtained by contacting local officials, consulting official plans, and by reviewing reports related to specific issues in the impact assessment. The South Florida Water Management District reviewed water-related elements. The Florida Department of Transportation reviewed the transportation element. The Department of State, Division of Historical Resources, reviewed site for possible historical and archaeological sites. The Council staff assessment is divided into regional and local issues. The regional issues are those that affect more than one county. Recommendations made by the staff regarding these issues are formal conditions to be included bythe local government in any Development Order that is issued. In contrast, the local issues are those that affect only a particular county. Accordingly, the Council staff's local objective is to highlight the crucial local issues and suggest remedial actions to be incorporated into a Development Order, should the local government decide to approve the project. The findings of this evaluation and the Southwest Florida Regional Planning Council's recommendations are intended to assist Collier County in reaching its decision regarding the proposed development. The recommendations are not intended to foreclose or abridge the legal responsibility of local government to act pursuant to applicable local law~ and ordinances. Copies of any "Development Order" (an order granting, denying, or granting with conditions an Application for Development permit) issued with regard to the proposed development shall be transmitted to the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs. /?A J NOV 2 8 2000 APPLICANT INFORMATION AND DEVELOPMENT SUMMARY APPLICANT INFORMATION Project Name Applicant Date on which DRI/ADA was officially accepted Date on which DRI/ADA was found insufficient County DRI Hearing Date Date County Notified SWFRPC of Public Hearing Type of Development Location of Development DRI Threshold Development Summary Office Total Acres Estimated Average Potable Water Demand (million gallons per day) Estimated Average Wastewater Demand (million gallons per day) Project Construction Period Collier County Government Center Collier County Board "of County Commissioners Collier County Government Complex 3301 Tamiami Trail East Naples, Florida 34112 (941) 774-8097 ~ December 22, !999 August 15, 2000 November 28, 2000 August 25, 2000 Office Collier County 300,000 sq.ft. of office 885,855 sq.ft of non-vested office and 110,944 sq.ft of vested office 55 acres .93 mgd .74 mgd 12 years -±±- AGEnOA ~ NOV 2 8 2000 SARASOTA CO. - CHARLOTTE CO GLADES COUNTY ~. .- · t - ~. ~ ~EE COUNTY HENDRY COUNTY , Site GULF I, COLUER COUNTY '~' ~'~ OF ~,. '~- ' 'k MEXICO SLID[.d~ COLLIER COUNTY GOVERNMENT CENTEl; SOUTHWEST FLORIDA REGION iii AGENDA ITEM NOV 2 8 2000 BAYSHORE DRIVE m rT1 rT1 Z3333 -- .~Z m~ :::o rn O z~ A ._ . _C._OU N_T'f~ _. B~R N__ROAD ......... WilsOnMi le LOCATION MAP COLLIER COU'NTY GOVERNMENT CENTER Prepared For~ Collier County Board of County Commissionera ....,,., ,~ 'l~ 'NFIV 2 R ~nnn ~ISTINC WELL[ i 'il. -.:-::.. , ¢OMME RCLI, L COMMERCIAL RAIT IU~,I II ME THO0~ T CHURCH REIIDENTIAL NERON PARK. BLDG P-2 THE GLADEl / C 01~4E R CU~4. COI41~ ICMJ. COURTYARD ANNEX OFFICE COMPLEX COMMERCIA1 COURTHOUIE \ 0 100 200 400 SCALE: 1"=200' NORTH FUTURE DL'~LOPUENT POND COllll~ RCIAL WAL-MART LANDUSE AT BUILDOUT ACREAGE T~' ~1~ ~ I:,il~g [2002) 12H7) ~ {2012) B~ E 770 770 o I 'o ~ G 5.625 S 6~ 5 625 5.625 / ~J L 127,4~] 127.4~/ 127,4~] 127,4~ [ TOT~ ] ~7.672/ ~2.242 ~ ~2.?~J ~,7~ COLLIER COUNTY GOVERNMENT CENTER Prepared ~ Col~er County Bom'd of County Commissionera v SWFRPC'S OFFICIAL M M g N DATI 0 N S REGIONAL PLANNING COUNCIL'S STAFF FINDINGS AND RECOMMENDATIONS REGIONAL IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA. REGIONAL PLANNING COUNCIL THAT THE APPLICATION FOR DEVELOPMENT APPROVAL AS AMENDED BY THE SUFFICIENCY REPORT DATED JUNE 8, 2000 BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: AFFORDABLE HOUSING (Refer to Appendix I, Section A) The Collier County Government Center DRI is projected to employ 2,131 people at the completion of Phase III. Of the 1,031 new employees, less than 10% are expected to fall within the very-low income range. The applicant has identified a sufficient number of traits available to meet the housing needs of the employees for Phase I 'of the DR/. RECOMMENDATIONS Any DR/Development Order issued by Collier County should contain the following provisions: Re-analysis of the employee housing demands of Phase II and III of the DR/will only be required prior to the start of each Phase, if the applicant significantly changes the number of employees for the project or their anticipated wages from the data that were reviewed by SWFRPC in the original analysis. 2. ENERGY (Refer to Appendix I, Section B) The proposed project will be electrically powered and will increase the en.ergy demands in the region. The applicant has committed in the ADA to a variety of conservation measures to help reduce the energy impact of the project. RECOMMENDATION Any DR/Development Order issued by Collier County shall contain a provision that the applicant's commitments for energy conservation is adopted where appropriate for this project. e CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN (Refer to Appendix I, Section C) An assessment of the DRI's land uses indicates that the project is consistent with the'Future AGENDA ITEM NOV 2 8 2000 Land Use Element of the Collier County Growth Management Plan and Land Development regulations. The project is located within the Activity Center Designation of the Urban Mixed Use District. RECOMMENDATION Any DRI Development Order issued by Collier County shall contain the following provision: Prior to any development order being issued, Collier County shall determine if the proposed project is consistent with Growth Management Plan and Land Development Regulations and whether the project's phasing is consistent with the Countyis Concurrency Management System. 4. TRANSPORTATION (Refer to Appendix I, Section D) The development contained within the Collier County Government Center when combined with other growth in the area, will necessitate currently uncommitted improvements to the Existing and Committed regional road network by the end of Phase I. The buildout of Collier County Government Center, again when combined with other growth in the area, will require currently uncommitted improvements beyond those identified in the Collier County Capital Improvement Element of the Comprehensive Plan. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: The applicant or his successor or assigns shall be fully responsible for site-related roadway and intersection improvements required within the Collier County Government Center DR/, including those along U.S. 41 and Airport-Pulling Road, bordered by and providing access to the DR/, and on Palm Drive as a secondary access. Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocafion, right of way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways through Phase I: 2 NOV 2 8 2000 eo Roadway From To Airport-Pulling Road*Radio Road Davis Boulevard Airport-Pulling Road*Davis Boulevard U.S. 41 * The applicant's consultant indicates that ART_PLAN analysis shows that Airport-Pulling Road operates at acceptable LOS with or without intersection improvements Adequate commitments to provide the necessary improvements including, but not limited to, right of way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase I: INTERSECTION IMPROVEMENT US 41 ~ Airport-Pulling RoadAdd Southbound left-turn lane Airport-Pulling Road ~ DavisAdd Northbound right-turn lane Blvd. Add Southbound right-turn lane Airport-Pulling Road ~ GladesSignalization, if warranted Blvd Lakewood Blvd. ~ Glades BlvdAdd Southbound right-turn lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right of way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways through Phase II: Roadway From To U.S. 41 * Davis Boulevard Airport-Pulling Road U.S. 41 * Airport-Pulling Road Lakewood Boulevard U.S. 41 * Lakewood Boulevard Rattlesnake Hammock Rd Airport-Pulling Road*'Radio Road Davis Boulevard Airport-Pulling Road*Davis Boulevard U.S. 41 * The applicant's consultant indicates that ART_PLAN analysis shows that Airport- Pulling Road and U.S. 41 operate at acceptable LOS with or without intersection improvements Adequate commitments to provide the necessary improvements including, but not limited to, right of way, cost of signalization, mm lanes, and other improvements. deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase II: 3 AC, ENi) AJTEM /7/1 NOV 2 8 2000 go INTERSECTION IMPROVEMENT US 41 ~ Airport-Pulling Road Add 2 Southbound left-turn lane Road Airport-Pulling ~ Davis Blvd. Add Northbound right-turn lane Add Southbound right-turn lane Add Eastbound right-turn lane Add Eastbound left-turn lane Airport-Pulling Road ~ RadioAdd Westbound left-ram lane Road Airport-Pulling Road ~ GladesSignalization, if warranted Blvd Lakewood Blvd. ~ Glades BlvdAdd Southbound right-turn lane and Northbound left-turn lane and conversion to 3-way stop control Palm Drive @ Harrison RoadSignalization, if warranted Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right of way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways through Phase III: Roadway From To U.S. 41 * Davis Boulevard Airport-Pulling Road U.S. 4'1 ** Airport-Pulling Road Lakewood Boulevard U.S. 41 ** Lakewood Boulevard Rattlesnake Hammock Rd Airport-Pull!ng Road#Radio Road Davis Boulevard Airport-Pulling Road#Davis Boulevard U.S. 41 * The applicant's consultant indicates that ART_PLAN analysis shows that U.S. 41 operates at acceptable LOS with intersection improvements. ** The applicant's consultant indicates that ART_PLAN analysis shows that U.S. 41 operates .below acceptable LOS with or without intersection improvements. # The applicant's consultant indicates that ART_PLAN analysis shows that Airport- Pulling Road operate~ at acceptable LOS with intersection improvements. Adequate commitments to provide the necessary improvements including, but not limited to, right of way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase III: AGEN~A~ITEM NOV 2 8 2000 INTERSECTION IMPROVEMENT US 41 ~ Airport-Pulling RoadAdd 2 Southbound left-turn lane Add Eastbound left-turn lane Add Eastbound fight-turn lane Airport-Pulling Road ~ Davis Blvd. Add Northbound light-turn lane Add Southbound right-turn lane Add Eastbound right-turn lane Add Eastbound left-turn lane Add Northbound left-turn lane Add Southbound le~turn lane Airport-Pulling Road ~ RadioAdd Westbound left-turn lane Road Add Northbound fight-turn lane Airport-Pulling Road ~ GladesSignalization, if warranted Blvd Lakewood Blvd. ~ Glades BlvdAdd Southbound right-turn lane and Northbound left-turn lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted Improvements to the facilities outlined in recommendations b, c, d, e, f, and g above shall be made at the time that a road segment or intersection is expected to operate below the level of service standard adopted in the Collier County Comprehensive Plan. No building permits for a given phase of this project shall be issued unless the identified improvements for that phase are: a) complete, b) under construction, c) the subject of a clearly identified, executed and 'recorded local government development agreement consistent with Sec. 163.3220 through 163.3423, F.S. incorporated into the D.O. ensuring completion concurrent with impacts; d) the subject of a binding commitment fi-om Collier County ensuring completion concurrent with impacts incorporated into the D.O.; e) the subject of a binding commitment by the County in the current three years of the Capital Improvements Element; or f) the subject of a binding and enforceable commitment by the developer to provide the improvement concurrent with impacts. Any combination of the above, which ensures that the improvement is also acceptable, provided the SWFRPC, Collier county, and DCA agree that the combination meets the intent of the transportation uniform standards role. As an alternative to this requirement, the applicant may pay a proportionate share contribution, calculated consistent with the formula in Paragraph 9J-2.045(1)(h), F.A.C., to Collier County for the improvement(s). Collier County shall indicate in the D.O. that the fair share payment shall only be applied to the construction of one or more of the significantly impacted improvements under their jurisdiction listed in the Appendix, or some reasonable alternative which, if constructed, will reduce traffic voknnes on one or more of the listed segments. No building permits for a given phase shall be issued unless the proportionate share payment schedule and the County's commitment to use the proportionate for the construction of a needed NOV 2 8 2000 jo improvement for that phase is incorporated into the D.O. and until this proportionate share contribution is received by the County. Any delay in payment or change of the proportionate share payment shall require a reanalysis of the payment amount in a Notice of Proposed Change. To determine the project impact on regional facilities, an annual monitoring report shall be submitted to Collier County, Florida Department of Transportation, Florida Department of Community Affairs, and SWFRPC for review and approval. The first monitoring report shall be submitted one year after the recorded date of the approval of the development order, and successive reports one year thereafter, to the end of Phase I construction, and for successive Phases as subsequently updated to project buildout. At a minimum, the report shall contain a summary of construction and development activities to date, in the categories of development as recorded in the development order. In addition, the report shall contain p.m. peak hour trip generation estimates and turning movements at each of the project's access points, the off-site intersections listed in c, e and g above. The report shall also provide a calculation of the existing level of service on the facilities in b, c, d, e, f, and g above. Finally, an estimate of the level of development expected to be added by the project for the forthcoming year will be provided. The monitoring report shall identify the status of the road improvements assumed to be committed in the DRI development order and address any deviations from the identified schedule. Based upon the transportation impacts expected by the project, and adjacent or nearby projects in the impact area, significant transportation improvements will need to be committed to improve mobility and transportation levels of service throughout the Project's study area. Subsequent roadway and intersection studies could dramatically change the timing, location, or nature of roadway and intersection improvements to be included in the Collier Cotmty CIE and Metropolitan Planning Organization Financially Feasible Plan. Consequently, prior to the initiation of development for each phase, and as a condition for its approval, an updated cumulative transportation reanalysis will be required to address impacts upon the roadway segments and intersection that may be necessary to maintain the adopted level of service as referenced in items b, c, d, e, f, and g may be widening of or improvements to the referenced roadway or intersection or improvements to parallel roadways or other area roadways and intersections. The transportation reanalysis will be reviewed as Notice of Proposed Change by the SWFRPC. Critical Regional Facilities U.S. 41 is a regionally significant roadway, which allows for commutes between urban areas, as well as serving as a route for intra-urban travel. The segment of U.S. 41 from Airport-Pulling Road to Rattlesnake Hammock Road has been found to operate below adopted level of service standards in Phase III. This roadway has been 6 NOV 2 8 200t) identified as a policy constrained facility, with FDOT's maximtun number of allowable general-purpose lanes (six) already constructed. A constrained facility is one in which adding lanes, to meet current or future need, is not possible because of physical or policy barriers. Collier County and the Collier County Metropolitan Planning Organization have identified recommended roadway improvements and public transportation strategies to serve cumulative area wide growth. Due to the policy constrained designation of U.S. 41 from Airport-Pulling Road to Rattlesnake Hammock Road the applicant proposes mitigating future impacts and remedying the level of service deficiency through the use of the following planning tools. 1. Facilities Management The master Plan for the government Center includes the construction of satellite offices in North Collier and in Golden Gate to serve the public at other locations around the County. 2. Public Transportation The Board of County Commissioners and the metropolitan Planning Organization (MPO) recently adopted a Public Transportation Development Plan (TDP), that provides for further refinement of services through implementation of a Transit Operation Plan. The Operation Plan is a blueprint for a deviated fixed route bus system. The proposed plan identifies the need for seven buses to provide the recommended level of transit service. On August 1,200 the County Commission authorized the purchase of seven medium duty diesel buses to provide the deviated fixed route service. The busses are scheduled to commence service in February 2001. Transportation Demand Management (TDM) The overall Transportation Development Plan incorporates other TDM strategies. TDM strives to reduce congestion, improve air quality, and reduce energy consumption by using innovative techniques such as increasing vehicle occupancy, reducing the number of trips traveled and rescheduling trips around the peak travel hours. TDM alternatives to single occupant vehicles can include carpools, bus pools, or non-motorized travel such as bicycles find walking. TDM alternatives.that affect when travel occurs can include variable work hours, flexible work AGE~A ITEM NOV 2 8 2000 ko mo schedules, or compressed work weeks. Telecommuting is a TDM alternative that affects where we work. TDM strategies may include time incentives such as preferential parking for ride sharers and high occupancy (HOV) lanes. TDM strategies may also include financial incentives such as transportation allowances and subsidies for transit and non-motorized travel. TDM also includes marketing strategies to encourage alternative travel and to promote transit use. Transportation Syste..m Management (TSM) The Collier County Congestion Management System Manual recognizes that TSM measures will be required in the vicinity of the Government Center, especially on U.S. ;41 and Airport-Pulling Road. These include intersection improvements, access management, and turn prohibitions, improved signal progression and the like. Collier County is in the process of developing a countywide computerized signal system. The applicant shall promote efficient pedestrian and bicycle movement within and between the development's components, and to adjacent properties as deemed necessary by Collier County. The applicant shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design, consistent with Collier County transit plans. Development Order options may be considered by Collier County to the extent that the options provide adequate commitments for improvements indicated above to significantly impacted regional roadways and intersections. Whatever options are exercised, however,-shall be done-with the understanding that the following conditions shall be met: If annual monitoring reports lead to the conclusion that one or more regional roadways and intersections are operating at below the adopted level of service standard and the project is contributing more than 5% of the adopted level of service capacity, then further building permits and certificates of occupancy shall not be granted until the standards of the County's concurrency management system have been met. The development order shall identify how the DRI will be treated in relation to the concurrency management system. NOV 2 B 2000 The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with SWFRPC policies, and the determination of proportionate share and/or pipelining of the regional road improvements shall be in accordance with Section 163.3220, F.S., which requires a Local Government Development Agreement and a commitment by the applicant and/or the local government to insure concurrency on all significantly impacted regional roads. The development order shall include provisions for the transfer of funds to the appropriate agency with maintenance and improvement responsibility for those. roadways upon which the project has significant and adverse impacts, which are not under the jurisdictional responsibility of Collier County. GENERAL CONSIDERATIONS In the "Collier County Government Center ADA," numerous commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments are listed in this staff assessment. Additionally, the ADA provided a phasing schedule that provided the timing basis for this review. If the applicant significantly alters this phasing schedule, then many of the basic assumptions of this approval could be substantially changed, potentially raising additional regional issues and/or impacts. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the provisions that: All commitments and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. The development-phasing schedule presented within the ADA and as adjusted to date of development order approval shall be incorporated as a condition of approval. If- development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the development order and this phasing schedule, then this shall be · AGENDA ITEM NOV 2 8 2000 eo presumed to be a substantial deviation for the affected regional issue. If the local governments, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order has occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix IV shall be used as a guide by the local government in determining addition substantial regional impacts. Pursuant to Chapter 380.06(16), the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. The Iocal government and the developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of the fair share. The local development order shall state the land uses approved in gross square feet, acreages and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651 Florida Statutes. 10 AGENDA ITEM NOV 2 8 2000 APPENDICES STAFF REPORTS AND SUPPORT DATA The Council staffs assessment of the DRI/ADA identified five issues of regional concern: affordable housing, ene. gy, transportation and consistency with the kocal Comprehensive Plan ~nd Strategic Regional Policy Plan. The staff reports of each of these issues are attached as Appendix I. Appendix II identified one issues of local concern solid, hazardous and medical waste. Before formulating the recommendations in the previous section, the staff analyzed all 9f the regional issues. As a part of each analysis, the staff determined the project's impact, any necessary,.. remedial action and the applic'ant's commitments to a solution. Such determinations were based.. upon the calculations and estimates of both the applicant and Council staff. Where applicable, support correspondence from local officials is included. A draft development order is found in Appendix III. The Substantial Deviation Monitoring Form is found in Appendix IV. Comments from the South Florida Water Management District are found in Appendix V. Comments from the Florida Department of Transportation are found in Appendix VI. 13 AGENDA ITEM "~'~ ~" HO¥ 2 8 2000 AGENDA ITEM NOV 2 8 2000 APPENDICES STAFF REPORTS AND SUPPORT DATA The Council staffs assessment of the DRI/ADA identified five issues of regional concern: affordable housing, energy, transportation and consistency with the Local Comprehensive Plan and Strategic Regional Policy Plan. The staff reports of each of these issues are attached as Appendix I. Appendix II identified one issues of local concern solid, hazardous and medical waste. Before formulating the recommendations in the previous section, the staff analyzed all of the regional issues. As a part of each analysis, the staff determined the project's impact, any ne ..cessary. remedial action and the applicant's commitments to a solution. Such determinations were based,. upon the calculations and estimates of both the applicant and Council staff. Where applicable," support correspondence from local officials is included. A draft development order is found in Appendix III. The Substantial Deviation Monitoring Form is found in Appendix IV. Comments from the South Florida Water Management District are found in Appendix V. Comments from the Florida Department of Transportation are found in Appendix VI. 13 - AGENDA fYEId NOV 2 8 2000 APPENDIX I REGIONAL ISSUES ANALYSIS AGE~A ITEM NOV 2 8 2000 AFFORDABLE HOUSING 1. Project Impact A. Applicant Estimate The Collier County Government Center DRI is a three-phase Eroject with buildout planned for the year 2_~01J_. The DRI will contain governmental office space. The existing facility currently has 537,572 square feet and employs 1,100 workers. As a result of this project, new office space will be added, and outdated office space will be removed. The final square footage of the project at buildout will be 996,799. Total employees at buildout will number 2,131.~ .O,( tt!,e l~~jx-~ete444M~e~xd~e~ the m~jority c~r 611. will_herald &n:'Phase I.~Th_~P_~0jecte4jn_come __distribution of pe~rrnan~n-con~met4o~t~mployXees' of~e D~Larb~iidout,base~ o~-d~fd~fi~mm~-tted b th~t~l~~?n belo~W: Income Distribution Number ofEmployees Under$10,000 0 $10,000- $19,999 0 $20,000- $29,999 86 $30,000- $39,999 675 $40,000- $49,999 164 $50,000- $59,999 68 $60,000- $69,999 36 $70,000 and over 2 Total Employees 1,031 go Staff Assessment For Phase I, staff used the methodology developed by the East Central Florida Regional Planning Council (ECFRPC) and revised in 1999 to estimate the number of employees who will be heads of their household' and the sole~ or primary wage earner in their household. The methodology relies on county specific Census data to make these estimates. Once the number of households by income range was estimated, staff calculated the affordable rent and mortgage .payment each household could make at 30% or less of their monthly gross income. This produced the maximum rents and sales prices that each household could afford. The applicant undertook a survey of available units for rent or sale (mobile homes and condominiums were excluded due to their mandatory additional fees) wit~_in a 2-0-minute/10-mile radius of the development.3 Based on this survey, the applicant identified a sufficient number of available units to meet the housing demand created by the employees to be hired in Phase I of the development. I-A-i NOV 2 8 2000 o Applicant Commitment. The applicant has stated that sufficient units exist to meet the housing needs of Phase I, II, and III of the Collier County Government Centertl Remedial Action and Recommendations Although an unmet housing need does not exist for Phase I, tl~e ECFRPC methodology requires that the housing demand and supply for each phase be analyzed separately at the start of each phase. Based on the number of employees anticipated for Phase II (225 employees) and Phase III (195 employees) of the DRI and their expected incomes, however, staff does not recommend that re- analysis prior to the start of Phase II or Phase III of the DRI be required un[dss the. number of employees or their anticipated incomes change from the information'.: presented to and r~viewed by SWFRPC at the time of this assessment. References 1,2 3~4 Collier County Government Center DRI, Sufficiency Response #1, June 2000. Supplemental data submitted by the Applicant, August 2000. I-A-2 NOV 2 8 2000 go ENERGY 1. Project Impacts The proposed development will be electrically powered and will increase the energy demands of the region. 2. Remedial Actions o None necessary due to applicant commitments below. Applicant Commitments The applicant'has submitted a set of energy conservation measures, which' when' implemented, will significantly conserve energy. 1 ~.' 4. References ( 1 ) ADA, pgs. 29- I. I-B-I NOV 2 8 2000 CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN 1. Project Impact An assessment of the DRI's land uses indicates that the project is consistent with the Future Land Use Element of the Collier County Growth Management Plan and Land Development Regulations. The project is loca*ed within the Activity Center Designation of the Urban Mixed Use District. 2. Remedial Action Prior to any development order being issued, Collier County shall determine if the project is consistent with the Comprehensive Plan and whether the project's phasing. is consistent with the County's Concurrency Management Plan. " 3. Applicant Commitment N/A I-C-1 AGENDA ITEM NOV 2 8 2000 TRANSPORTATION 1. Prqiect Impact a. Applicant Estimate The Collier County Government Center DR1 is a combination of existing a0d proposed goven,,nent office space located in the northeast quadrant of the U.S. 41 and Airport Road intersection. The 55-acre site has been in the ownership of the County Government since. 1962 when the county sear for Collier County was relocated from Everglades City. Map D-1 depicts the project location. The Government center will have direct access to both U.S. 41 and Airport Road; secondary access will be provided via Palm Drive. A significant portion of the existing floor area (110,994 sq. ft.) was constructed before July" 1,, 1973 and is, therefore, considered vested for DRI purposes. The trips generated by this vested area are considered to be vested trips through buildout of the DRI. These trips are included in the total volumes, but are considered as background rather than project trips when assessing the project's impact~. · b. Applicant Development Parameter Estimate The Government Center is being expanded to accommodate the rapidly growing population of Collier County. It is anticipated that the project will be a three-phase expansion, with the first phase ending in 2002, the second phase ending in 2007, and the thirds phase ending in 2012. The Project's cumulative development parameters, by phase, are as follows: Table D- 1 Cumulative ADA Development Parameters Gov't Ctr. Existing (1998)-Phase I (2003) -Phase 2 (2006)Buildout (2010) Total 537,572 sq. ft.804,936 sq. ft.915,399 sq. ft.996,799 sq. ft. Vested 110,944 sq. ft.110,944 sq. ft110,944 sq. ft.110,944 sq. ft. DRI Floor Area: 426,628 sq. ft693,3992 sq. ft804,455 sq. ft885,855 sq. ft The above parameters form the basis for the project impacts and mitigation requirements contained herein. The Land .Use Code (LUC) from the Iristitute of Transport,ation Engineers (ITE) Trip Generation Manual, 6th Edition, identifies the assumed land' uses associated with the general parameters.2 I-D-1 NOV 2 8 2000 M.?.~. LEGEND ARTERIAL / COLLECTOR 2 LANES 4 LANES ~ 6 LANES FREEWAY ........ 4 LANES 0 INTERCHANGE COLHER CO. GOVERNMENT CENTER QUESTION 21. TRANSPORTATION I-D-2 PROJECT LOCATION EXISTING ROAD NEllNOF While approved zoning categories may allow a wider range of uses, from a DRI standpoint, the project impacts are based on the above parameters and assumed use~;. Any significant change in the assumed uses or mix of uses will require a re-evaluation of the DRI transportation impacts. A significant change is one that would increase the external project traffic by 5% or more or that would significantly change the projected distribution and assignment of project traffic, so as to result in additional significantly and adversely impacted roadway links. In accordance with DCA Rule 9J-2.04, the project study area was identified based on the 5% significance criteria. The initial list of roadway segments that were analyzed is as follows: Table D-2 Road Segments Under Study .Roadway From To U.S. 41 Goodlette-Frank Rd. RattleSnake Hammock Rd. Airport Road U.S. 41 Pine Ridge Rd. Davis Boulevard U.S. 41 Santa Barbara Blvd. Radio Road Airport Road Santa Barbara Blvd. Rattlesnake Hammock Rd.U.S. 41 St. Andrews Blvd. Palm Drive U.S. 41 Glades Blvd. Glades Boulevard Airport Rd. Palm Drive LakewOod Boulevard Davis Blvd. Glades Blvd. Bayshore Drive Thomasson Drive U.S. 41 The roadway segments analyzed are subject to the measurement of the Project's impact. According to DRI rules, a" significant impact" is measured as the development traffic representing 5% or more of the existing plus committed (E+C) roadway service volume at the level of service (LOS) standard of the Comprehensive Plan. "Adverseqmpact" is based on the adopted level of service standard and measure by a change in LOS. The following intersections were analyzed to determine if they are impacted by the project: U.S. 41 at Davis Boulevard U.S. 41 at Airport Road U.S. 41 at Project Entrance U.S. 41 at Wal-Mart Entrance U.S. 41 at Rattlesnake Hammock Rd. Airport Road at Project Entrance Airport Road at Davis Boulevard Airport Road at Radio Road Airport Road at Golden Gate Parkway I-D-3 ,,,. /7,4 NOV 2 8 2000 Palm Drive at Project Entrance Lakewood Boulevard at Davis Boulevard Glades Boulevard at Airport Road Palm Drive at Harrison Road c. Project Trip Generation As agreed upon in the Transportation Methodology, trip generation for the ~overnment center was based upon trip rates developed through traffic counts conducted at the entrances to the project site. .. As allowed by the DRI guidelines and the Florida administrative code, building.space constructed prior to Jul>, 1, 1973 is considered vested and exempt from' DRI i:mpact.. calculations. ABiding _Letter.of Vested Rights (BLIVR) was obtained from the'.' Department of Community Affairs (DCA) for 110,944 square feet of vested floor space. The trip rates developed through traffic counts were compared against the project trip generation data contained in the ITE Trip Generation Manual, 6'" Edition. The ITE land use code 733, Government'Office Complex trip rate information was used in calculating peak hour to daily ratios for application in FSUTMS modeling of the site. The methodology described in Section 4.12 of FDOT's Site Impact handbook was used to incorporate the ITE trip generation estimate for the project into the Collier Coumy model. The Project's external trip generation (total trips) was represented in the model as a special generator in the ZDATA3 file. A comparison of the resultant FSUTMS daily trip generation with the manual estimated trip generation for each phase is summarized below in Table D-3 TABLE D-3 TRIP GENERATION COMPARISON Extemal daily Trips Phase I MANUAL FSUTMS Phase I (2002) 16,743 16,744 Phase II (2007)19.040 19,038 Phase IIl (2012)20,165 20,166 Project trips on each roadway segment were determined through select zone analysis following the model assignment. For the purpose of assessing project impact, a non-vested space to total space factor ~vas applied to the total site trips in order to project the numl~er of non-vested trips. I-D-4 ~...l~A NOV 2 8 2000 Since actual driveway counts have been used to determine a trip rate for the traffic analysis, no adjustments were made to the projected site trips to account for internal/external split $f traffic. Table D-4 summarizes project trip generation. d. Non-Vested and Total Traffic Total trips and project trips are primarily assigned to various areas using FS. UTMS. The distributed trips are initially assigned to the most direct routes between the origin and destination. FSUTMS also has an equilibrium function where traffic is assigned away from congested routes. The DRI transportation assessment is performed to identify the project's study area, general area of significant impact, right of way reservation requirements, and recommended,'.. roadway improvements to support. this and other area developments through buildout. As~ noted previously. a select zone analysis was conducted to determine the daily traffic volumes on each roadway segment that enter (and exit) the Collier County Government Center. While the trip rate for daily volumes is based on weekday trips the adopted level of service standard for Collier County is based on conditions during the p.m. peak hour. Therefore, the PSWDT for the project must be manually converted to peak hour project traffic in order to evaluate results for the p.m. peak hour adopted level of service. The distribution and assignment of project trips was accomplished using the FSUTMS travel model on the existing plus committed (E+C) network, based on the Collier County Capital Improvement Programs and the FDOT Five Year Work Program. The committed improvements assumed in the network are identified in Table D-5. Tables D-6, D-7, and D-8 summarize the Project's peak hour traffic on roadway segments for Phase I, III, and III respectively. I-D-5 NOV 2 8 20OO t-- (~; 0 u~ 0 0 X: 0 0 z .zi.~ ~- ¥. z N0 8 2{I. 00 TABLE D-5 COMMITTED ROADWAY IMPROVEMENTS3 Roadway Segment Improvement Timing Immokalee Rd. 1-75 to CR 951 US 41 to Airport Rd. 4 Lane Construction FY-98/99 6 Lain. Construction FY 00/01 Pine Ridge Rd. Airport Rd. to Logan Blvd. 6 Lane Construction FY 99/00 Airport -Pulling Rd. Vanderbilt Rd. to Pine Ridge Rd 6 Lane Construction FY 00/0L Livingston Rd. Bonita Bch Rd. to Immokalee Rd. Pine Ridge Rd to Golden gate Pkwy. Golden Gate Pkwy to Radio Rd. 2 Lane ConstructionFY 00/01 4 Lane ConstructionFY 00/01 4 lane ConstructionFY 98/99 U.S. 41 CR 887 to lmmokalee Rd Immokalee Rd to Myrtle Rd. Goodlette-Frank to Davis Blvd. Davis Blvd. to Airport Rd. Airport Rd. to Rattlesnake Ham. Rattlesnake Hammock to Barefoot Williams Rd. 6 Lane ConstructionFY 98/99 6 Lane ConstructionFY 98/99 8 Lane ConstructionFY 97/98 6 Lane ConstructionFY 97/98 6 Lane ConstructionFY 97/98 6 Lane ConstructionFY 00/01 I-D-7 AGENDA ITEM 2 8 2000 z 0 o ..% z uJ z uJ Z Z ~J - ~ 0 LT o o o o o o Significance Test While analysis of total external trips provides an indication of the potential impact of the project on external roadways, it does not indicate the roadway segments that will be significantly and adversely impacted by the project. Under the Uniform Standard Transportation Rule, a roadway is significantly impacted if the development utilizes five percent or more of the adopted peak hour level of service maximum service volume for that roadway segment. The percentage impact is calculated as the DRI peak hour trips divided by the service volume on a given roadway segment. The study area roadway segments and their percent significant are summarized in Tables D-6, D-7, and D-8. .~ f. Adversity Test A roadway link is considered adversely impacted if total traffic exceeds the adopted peak'.' hour level of service maximum service volume for that link. Tables D-6, D-7, and D-8 depicts those segments determined to be both significantly and adversely impacted. A review of the tables indicates that the roadway segments of U.S. 41 from Airport-Pulling Road to Rattlesnake Hammock will be significantly and adversely impacted by the Project. All other roadway segments that are impacted by the project (i.e., 5 percent or more of the service volume at the LOS standard) are expected to operate at or above the adopted LOS standard with intersection improvements and signal timing. Exhibits D-02, D-07, and D-12 depict P.M. Peak Hour Two-Way Traffic Projections for the study area network. Table 9 , below lists the significantly and adversely impacted roadways. TABLE D-9 SIGNIFICANTLY 8,: ADVERSELY IMPACTED ROADWAYS PHASE III (2012) Roadway From To U.S. 41 Airport-Pulling Road Lakewood Boulevard U.S. 41 Lakewood Boulevard Rattlesnake Hammock Road The transportation methodology statement required a supplemental analysis for all roadways meeting the 85% threshold of the adopted maximum service volume. The analysis was performed using ART_Plan software. The software provides a more detailed analysis of arterial operating conditions and allows input of arterial specific data such as signal timing, percentage of turns, and the like. The analysis indicated that segments of Airport-Pulling and the section of U.S. 41 between Davis Boulevard and Airport Road are projected to operate at acceptable levels of service at pr°oject build out. !-D-I 1 NOV 2 8 2000 21 (2720) 31 (3s8o) 440 4320) DAVIS BLVD. 60 (2030) GLADES BLVD. 12 (460) 521 (3960) 30~ (4590 DRI SITE 276 ',1100) I I J (112101 138 (2240)' o) ' ~,__LAKEWOOD BLVD. 373 (4520) LEGEND XXXX NON-VESTED PROJECT TRAFFIC (XXXX) TOTAL TRAFFIC (1) L Footnote: 45~ (4770 (1) Includes bockground ond Project troffic. COLLIER CO. GOVERNMENT CENTE~ QUESTION 21. TRANSPORTATION SUFFICIENCY RESPONSE #1 YEAR 2002 PM PEAK HOUR TWO-WA' TRAFFIC PROJECTIONS I-D-12 23 (2830) (4190) 515 (5420) DAVIS BLVD. 71 (2250) GLADES BLVD. 14 (490) 609 (5350) DRI SITE 167 (258a.) 180 LLA .:'. (920) .KEWOOD. BLVD. 311 210) 446 (6340) LEGEND XXXX NON-VESTED PROJECT TRAFFIC(6870 (XXXX) TOTAL TRAFFIC (1) Footnote' (1) Includes background c]nd Project traffiC. L! ICOLLIER CO. GOVERNMENT CENTERI I QUESTION 21. TRANSPORTATIONI YEAR 2007 PM PEAK HOUR TWO-WA'i TRAFFIC PROJECTIONS 98563/09&/O50r ~,GENI)A ITEM · N)V 28 ~ -"! 25 (2880) (4410) 560 5900) DAVIS BLVD. 77 (2430) GLADES BLVD. 16 (510) 661 (5780) (6o5o) DRI SITE 187 155 (1210) 192 LLA (940) KEWOOD BLVD. 520 1250) 488 (6920) LEGEND XXXX NON-VESTED PROJECT TRAFFIC (XXXX) TOTAL TRAFFIC (~) Footnote: (1) Includes bockground ond Project troffic. C~'LLIER CO. GOVERNMENT CENTER .)UESTION 21. TRANSPORTATION SUFFICIENCY RESPONSE #1 YEAR 2012 PM PEAK HOUR TWO-WA TRAFFIC PROJECTIONS l.n. 14 2. Remedial Action a. Staff Estimate Roadway and intersection improvements will be necessary to support the project and general growth in the area through 2012. The recommended intersection improvements for 2002, 2007, and 2012, with site-related improvements, are shown in Tables D4 0, D11,:and D- 12, respectively. D-10 INTERSECTION IMPROVEMENTS 2002 INTERSECTION IMPROVEMENT US 41 ~ Airport-Pulling Road Add Southbound left-turn lane Airport-Pulling Road ~ Davis Blvd.Add Northbound right-turn lane Add Southbound right-turn lane Airport-Pulling Road ~ Glades BlvdSignalization, if warranted Lakewood Blvd. ~ Glades Blvd Add Southbound right-turn lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted D-11 INTERSECTION IMPROVEMENTS 2007 INTERSECTION IMPROVEMENT - US 41 ~ Airport-Pulling Road Add 2 Southbound left-turn lane Airport-Pulling Road ~ Davis Blvd. Add Northbound right-turn lane Add Southbound fight-turn lane Add Eastbound right-turn lane Add Eastbound left-turn lane Airport-Pulling Road ~ Radio RoadAdd Westbound left-turn lane Airport-Pulling Road ~ Glades BlvdSignalization, if warranted Lakewood Blvd. ~ Glades Blvd Add Southbound right-turn lane and Northbound left-turn lane and conversion to 3- way stop control Palm Drive ~ Harrison Road Signalization, if warranted .0 I-D-15 AGENDA ITF~ NOV 2 8 2000 D-12 INTERSECTION IMPROVEMENTS 2012 INTERSECTION IMPROVEMENT -. ,_,S 41 ~ Airport-Pulling Road Add 2 Southbound left-turn lane Add Eastbound left-turn lane Add Eastbound right-turn lane Airport-Pulling Road ~ Davis Blvd. Add Northbound right-tum lane Add Southbound right-turn lane Add Eastbound fight-turn lane Add Eastbound left-turn lane Add Northbound left-turn lane Add Southbound left-turn lane Airport-Pulling Road ~ Radio RoadAdd Westbound left-turn lane Add Northbound right-turn lane Airport-Pulling Road ~ Gl'ades BlvdSignalization, if warranted Lakewood Blvd. ~ Glades Blvd Add Southbound right-turn lane and Northbound left-turn lane and conversion to 3- way stop control Palm Drive ~ Harrison Road Signalization, if warranted As evident from Table D-12 the intersection of Airport-Pulling Road at Davis Blvd. will require significant unplanned improvements. The roadway cross-section requires 10-lanes on Airport-Pulling Road. The minimum right-o-way width required for this cross-section is .approximately 130 feet. The feasibility of this improvement will have to be researched further. The determination of actual project costs and proportionate share of all intersection and roadway needs will be a function of the more detailed analyses to be provided by Collier County in accordance with the County's Development Order requirements. The SWFRPC staff contends that the level of detailed information, which is necessary to determine specific intersection improvements over a 12-year period, is not feasible at this time. Intersection improvements should be specified durin.g subsequent monitoring submittals. The staff recommends that sufficient right-of-way be acquired to allow eventual widening of airport-Pulling Road. In order to determine intersection improvements proportional I-D-16 NOV 2 8 2000 share, the applicant should be required to participate in annual traffic monitoring programs. In addition, the applicant (Collier County) should be fully responsible in future for signalization, turn lanes, and other intersection improvements that may be required at the DKI access intersections within and adjacent to the site. Any development order should ensure that future proposed changes fully identify the provisions made by Collier County (the applicant) to ensure that adopted LOS will be maintained for regionally-significant roadways and intersections. The applicant should be responsible for identifying Project impacts, and those road and intersection improvements needed during each phase to maintain the adopted level of service. These improvements should then be scheduled. If any improvement needed during a phase is not constructed in a timely manner, construction of the Project should stop, at the end of the phase the project is in at the time the improvement fails to be constructed as;.. planned. If the applicant was responsible for the construction of the improvement, which~ failed to be completed in a timely manner, the construction of the project should immediately cease. 3. Applicant Commitment The applicant has indicated that the Government Center will fully mitigate its traffic impacts through the payment of road impact fees. Based on the current (December 1999) Collier County fee schedule, it is estimated that the project would pay approximately $1.1 million in road impact fees through build out.4 The segment of U.S. 41 from Airport-Pulling Road to Rattlesnake Hammock Road has been found to operate below adopted level of service standards in Phase III. This roadway has been identified as a policy constrained facility, with FDOT's maximum numbei of allowable general-purpose lanes (six) already constructed. The applicant noted that the Collier County E+C roadway network only includes the sections (I and II) of Livingston Road that are committed for construction within the next three years. Section III.and IV between Pine .Ridge Road and Immokalee Road are scheduled in the Capital Improvement Element (CIE) for construction by FY 2004. Once Livingston Road is complete, it should help divert traffic offof Airport Road and U.S. 41. The applicant also noted that the County has made a commitment to widen County Barn Road to four-lanes (CIE #33) between Davis Blvd. and C.R. 864. Although the four- laning of County Barn Road is not currently scheduled for construction, it is include in the Metropolitan Plarming Organization's 2010 Financially-Feasible Plan. The applicant's consultant also suggested that the widening of Thomasson Drive to' four lanes would create a by-pass route for the section of U.S. 41 between Airport-Pulling Road and Rattlesnake Hammock Road. The widening project, however, is not included in I-D-17 the Collier County capital Improvement Element or in the MPO Financially-feasible Plan. The Thomasson Drive neighborhood is largely residential and also serves the Avalon Elementary School. Any Thomasson Drive widening project would undergo rigorous neighborhood scrutiny. a. Phase I Impacts (2002) The assessment indicates that the significantly impacted roadways and intersections described below will be operating below acceptable levels of service at the end of Phase I The intersection improvements include geometric improvements, such as turn lanes ahd signalization when warranted. The Developer will be fully responsible for improvements needed at the project entrances that are deemed site-related. INTERSECTION IMPROVEMENT US 41 ~ Airport-Pulling Road Add Southbound left-turn lane Airport-Pulling Road ~ Davis Blvd.Add Northbound right-turn lane Add Southbound right-turn lane Airport-Pulling Road ~ Glades BivdSignalization, if warranted Lakewood Blvd. ~ Glades Blvd Add Southbound fight-turn lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted b. Phase lI Impacts (2007) INTERSECTION US 41 ~ Airport-Pulling Road Airport-Pulling Road ~ Davis Blvd. Airport-Pulling Road ~ Radio Road Airport-Pulling Road ~ Glades Blvd Lakewood Blvd. (&~ Glades Blvd Pahn Drive ~ Harrison Road IMPROVEMENT Add 2 Southbound left-turn lane Add Northbound right-turn lane Add Southbound right-ram lane Add Eastbound fight-turn lane Add Eastbound left-ram lane Add Westbound left-turn lane Signalization, if warranted Add Southbound right-turn lane and Northbound left-turn lane and conversion to 3- way stop control Signalization, if warranted I-D-18 NOV 2 8 2000 c. Buildout Impacts (2012) The assessment indicates that the significantly impacted roadways and intersections described below will be operating below acceptable levels of service at the end of Phase III. Roadway From To ~, U.S. 41 Airport-Pulling Road Lakewood Boulevard U.S. 41 Lakewood Boulevard Rattlesnake Hammock Road Intersections , The intersection improvements include geometric improvements, such as turn lanes and signalization when warranted. The Developer will be fully responsible for improvements needed at the project entrances that are deemed site-related. INTERSECTION IMPROVEMENT US 41 ~ Airport-Pulling Road Add 2 Southbound left-turn lane Add Eastbound left-turn lane Add Eastbound right-turn lane Airport-Pulling Road ~ Davis Blvd. Add Add Add Add Northbound right-turn lane Southbound right-turn lane Eastbound right-turn lane Eastbound left-turn lane Add Northbound left-turn lane Add Southbound left-turn lane Airport-Pulling Road ~ Radio RoadAdd Westbound left-turn lane Add Northbound right-turn lane Airport-Pulling Road ~ Glades BlvdSignalization, if warranted Lakewood Blvd. ~ Glades BlV'd Add ' Southbound right-turn lane and Northbound left-turn lane and conversion to 3- way stop control Palm Drive ~ Harrison Road Signalization, if warranted 4. Mitigation a. Impact Fees ., The applicant has indicated that the Government Center will fully mitigate its traffic impacts through the payment of road impact fees. Based on the current (December 1999) NO9 2 8 2000 Collier County fee schedule, it is estimated that the project would pay approximately $ I. 1 million in road impact fees through build out.'~ Due to the policy constrained designation of U.S. 41 from Airport-Pulling Road to Rattlesnake Hammock Road the applicant proposes mitigating future impacts and remedying the level of service deficiency through the use of the following planning tools. 1. Facilities Management The master Plan for the government Center includes the construction of satellite offices in North Collier and in Golden Gate to serve the public at other locations around the County. ., 2. .._ Public Transportation The Board of County Commissioners and the metropolitan Planning Organization (MPO) recently adopted a Public. Transportation Development Plan (TDP), that provides for further refinement of services through implementation of a Transit Operation Plan. The Operation Plan is a blueprint for a deviated fixed route bus system. The proposed plan identifies the need for seven buses to provide the recommended level of transit service. On August 1,200 the County Commission authorized the purchase of seven medium duty diesel buses to provide the deviated fixed route service. The busses are scheduled to commence service in February 2001. 3. Transportation Demand Management (TDM) The overall Transportation Development Plan incorporates other TDM strategies. TDM strives to reduce congestion, improve air quality, and reduce energy cdnsumption by using innovative techniques such as increasing vehicle occupancy, reducing t. he nu,mber of trips traveled and rescheduling trips around the peak travel hours. TDM alternatives to single occupant vehicles can include carpools, bus pools, or non-motorized travel such as bicycles and walking. TDM alternatives that affect when travel occurs can include variable work hours, flexible work schedules, or compressed work weeks. Telecommuting is a TDM alternative that affects where we work. TDM strategies may include time incentives such as preferential pa{king for ride sharers and high occupancy (HOV) lanes. TDM strategies may also include financial incentives such as transportation allowances and I-D-20 go /2 8 2000 subsidies for transit and non-motorized travel. TDM also includes marketing strategies to encourage alternative travel and to promote trangit use. 4. Transportation System Management (TSM) The Collier County Congestion Management System Manual recognizes that TSM measures will be required in the vicinity of the Government Center, especially on U.S. 41 and Airport-Pulling Road. These include intersection improvements, access management,. and turn prohibitions, improved signal progression and the like. Collier County is in the process of developing a countywide computerized' signal system. ~ b. Access and Site-Related Improvements The Developer is fully responsible for its share of the site-related roadway and intersection improvements: all intersection improvements, including signalization, turn lanes, deceleration lanes, and other improvements deemed necessary by the County Engineer and consistent with the Collier County Land Development Code for the project's access points onto U.S. 41 and Airport-Pulling Road. Site-related improvements are not eligible for credit against impact fees and are also ineligible for offset against the project's proportionate share obligation. The applicant's consultant has indicated that the Project's access management plan will minimize the impacts of the Project on the adjacent roadways by limiting access to four access points. · Two of the driveways are located on U.S. 41. The northern entrance is a directional median opening that will allow right-in/right-out only movements. · The southern entrance is a full median opening approximately 1,000 feet southeast of the northern entrance and is currently shared as a secondary entrance for Wal-Mart. · Another main driveway is located on Airport-Pulling Road approximately 1,200 feet north of U.S. 41. This driveway is already constructed as directional median opening. · A fourth access point is provided on Palm Drive, north of U.S. 41. I-D-21 NOV 2 8 2000 5. Annual Transportation Monitoring Report a. Design of Monitoring Program The transportation-monitoring program will be designed in cooperation with the Collier County Department of Transportation, the Florida Department of Transportation (FDOT), the Southwest Florida Regional Planning Council (SWFRPC), and ,the Florida Department of Community Affairs (FDCA) prior to submittal of the first report. The methodology of the annual transportation monitoring report may be revised if agreed upon by all parties. b. Submittal of Monitoring Report The Developer must submit an. annual transportation monitoring report to the following' entities for review and approval: Collier County Department of Transportation, FDOT, FDCA, and SWFRPC. The first monitoring report will be submitted one year after the effective date of the DRI Development Order. The Developer must provide written notice to the above review agencies if he concludes that a traffic monitoring report is not required because no traffic impacts have been created. Once an annual transportation monitoring report has been submitted, a report mus~ be submitted annually thereafter. Minimum Requirements for Report Contents At a minimum, the monitoring report will measure the project's actual external roadway impacts and the level of service conditions on the impacted roads and intersections, and determine the timing for needed improvements. The annual traffic monitoring report must also contain the following information: 1) 2) P.M. peak hour traffic counts with turning movements at the project's access points on U.S. 41 and Airport-Pulling Road, and on the external road segments and intersections identified in Paragraph D.2.a. A comparison of field measured project traffic volumes to the project trip generation assumed in the DRI analysis. The Developer will need to specify in the methodology how the intemal interaction will be measured. 3) Estimated existing levels of service and needed improvements for the roads and intersections specified in Paragraph D.3. above. 4) Estimated future levels of service and needed improvements for the roads and intersections specified in Paragraph D.3. above, based on a one-year projecfibn of future volumes. I-D-22 NOV 2 8 2000 5) A summary of the status of road improvements assumed to be committed by Collier County and FDOT as set forth below: Roadway Segment Improvement Timing lmmokalee Rd. Pine Ridge Rd. 1-75 to CR 951 4 Lane Construction FY 98/99 US 41 to Airport Rd. 6 Lane Construction FY 00/01 Airport Rd. to Logan Blvd. 6 Lane Construction FY 99/00 Airport -Pulling Rd. Vanderbilt to Pine Ridge Rd 6 Lane Construction FY 00/01 Livingston Rd. Bonita Rd. to Immokalee Rd. 2 Pine Ridge'Rd to Golden Gate 4 Golden Gate Pkwy to Radio Rd. 4 Lane ConstructionFY 00/01, Lane ConstructionFY 00/0 I" lane ConstructionFY 98/99 U.S. 41 d. Implications CR 887 to Immokalee Rd 6 Immokalee Rd to Myrtle Rd. 6 Goodlette-Frank to Davis Blvd. 8 Davis Blvd. to Airport Rd. 6 Airport Rd. to Rattlesnake Ham.6 Rattlesnake Hammock to 6 Barefoot Williams Rd. Lane ConstructionFY 98/99 Lane ConstructionFY 98/99 Lane ConstructionFY 97/98 Lane ConstructionFY 97/98 Lane ConstructionFY 97/98 Lane ConstructionFY 00/01 i) If the annual transportation monitoring report reveals that the project trip generation exceeds the thresholds identified in 380.06(19)(b) 15, Florida Statutes, then the statutory provisions regarding substantial deviations will govern. If the project is deemed to be a substantial deviation, the Developer must then undergo additional DRI review. This review must reanalyze the project impacts on the County road network in general, .and specifically evaluate the potential project impacts on the roadway segments identified in Paragraph D.2 above. 2) Changes to development parameters or phasing may trigger the need to rebut the statutory presumption of substantial deviation. In some instances, the evidence necessary to rebut the presumption may involve the need for a comparison of project trip distribution and assignment. I-D-23 References: ~ Collier County Government Center DRI, ADA., prepared for Collier County Board of County Commissioners, December 1999, p. 21-1. 2 Collier County Government Center DRI, Sufficiency Response # 1., prepared for Collier County Board of County Commissioners, June, 2000, p. 2. , First Sufficiency, Tables 21A-3. First Sufficiency, Page 21-12 First Sufficiency, Page 21-12 I-D-24 NOV 2 8 2000 Eo CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN Staff has described regional impacts within the previous section of this report. Staff has then related those impacts to the regional plan DRI review list and has prepared the following plan consistency checklist. Staff finds that without appropriate mitigation actions and conditions the project will have a net negative impact on the regional resources and infrastructure. The regional recommendations presented within this assessment, are intended to neutr~ .~ze the negative and questionable impacts. I-E-I NOV 2 B 2000 Regional Issues and Goals 1. Affordable Housing DRI REVIEW LIST SWFRPC ISSUES AND GOALS Further SRPP* SEE Housing in the Region will continue to Goal I-1 include a wide variety of housing X 2 types to accommodate all segments of society in both rural and urban Affordable housing will be built on land that is platted, has infrastructure 'Goal I-5 - · available or offers other opportunities 2 for reducing the cost of housing or promoting neighborhood revitalization. The housing concerns of special Goal I-7 needs populations will be addressed 4 in affordable housing planning. Seasonal workers will be recognized Goal I-8 as an essential part of our economy 4 and their housing needs will be included in community programs. 2. Economic Development The need for additional education Goal 11-3 facilities and programs in the Region 4 will be met. All local governments will eliminate Goal 11-6 deficiencies in public facilities and X 2 services and establish properly financed maintenance schedules. The public facilities and services needed for economic development in Goal 11-7 existing rural communities will 4 continue to improve, consistent with environmental protection. The rural areas of the Region will Goal 11-12 receive or develop increased and 4 improved opportunities for rural residents. Goal 11-13 Future water supply sources will be '~ 4 identified and protected. ./7,4 .... NOV 2 8 2000 Further SRPP* 2.' Economic Development (Cont.) SEE The natural resources essential to the Goal 11-14 overall development of the Region will 4 be identified and protected. Goal 11-16 Access to cultural and historical 4 resources and programs will increase at a faster rate than population growth. There will be no further loss of Goal 11-17 significant historical and 4 ,archaeological resources Public access to the beaches and Goal 11-18 open waters of the Region will 4 continually improve. By 2010, the proportion of the Goal 11-21 Region's energy supplied by fossil X 2 fuels will be reduced over 1990 levels. By 2000, the per capita fossil fuel Goal 11-22 energy use will be less than that in X 2 1990. Goal 11-23 The use of solar energy in the Region X 2 will increase The centralization of commercial, Goal 11-24 governmental, retail, residential, and X 2 cultural activities within downtown areas shall increase. Expansions of future residential areas will be balanced by the expansion of Goal 11-25 appropriate trade and service areas 4 that serve the populations of those residential areas. The production and use of alternative Goal 11-29 energy sources, including X 2 conservation, will increase. ITEM * NOV 2 8 2000 3. Emergency Preparedness Further $RPP* SEE Public policy, near shore and island housing costs, and hurricane threat Goal 111-2 awareness will result in a declining 4 percentage of the Region's population living in Category 1, 2 or 3 storm surge zones. There will be adequate shelter space within each mobile home park outside Goal 111-3 of the Category I surge zone to 4 accommodate those who do not want to evacuate outside their community. There will be d.esign. ated refuge space Goal 111-4 in condominium and apartment 4 complexes outside of the Category 2 zone, but within the Category 5 zone. Projected evacuation times will be regularly reduced. from 1985 levels, Goal 111-5 and by 2010, evacuation times will not 4 exceed 18 hours in any part of the Region. Projected shelter deficits will be regularly reduced from 1985 levels, Goal 111-6 and by 2010; and, the floor level of 4 new shelters will be constructed above the category 3 storm surge level. All sites that generate, use, or store significant amounts of hazardous materials (including wastes) shall Goal 111-14 have appropriate plans to manage X 2 spills or releases, and appropriate procedures for safely disposing unneeded materials 95% of emergency calls will receive a response within the recommended Goal 111-17 response times, and fire service 4 providers will continually upgrade and protect their ISO standards. 4. Natural Resources The diversity and extent of the Goal IV-2 Region's protected natural systems 4 will increase consistently beyond that existing in 1990. All effluent will meet or be better than Goal IV-6 all pertinent state water quality X 2 standards AGENDA ITEM /?A NOV 2 8 2000 Further SRPP* 4. 'Natural Resources (Cont.) SEE Improper disposal of special and Goal IV-7 hazardous wastes will cease X 2 throughout the Region. Declining trends in quality and quantity of coastal resources will Goal IV-8 reverse due to the success of pollution X 2 control measures and restoration efforts. Public access to the Region's beaches will be increased, from 1995 4 Goal IV-9 on, to me~t the demands placed by a growing population, consistent with long-term habitat sustainability. Goal IV-10 After 1995, the length of shoreline with 4 dune systems will increase. After 1995, no further loss of sea turtle Goal IV-11 nesting sites will occur and available 4 nesting sites will be increased. Drainage systems will be managed to Goal IV-12 maintain or restore natural timing, X 2 pattern, and quality of freshwater flows of the watershed basin. 100% of the Region will remain as air Goal IV-13 quality attainment areas for all X 2 measured pollutants. From 1995, all mining operations will Goal IV-14 be required to have reclamation 4 programs which will be implemented in a timely manner. By 2010, all lands identified as Priority 1 habitat, south of the Caloosahatchee River and areas formally designated as critical habitat Goal IV-18 for Florida Panthers will be included in 4 public/private and other voluntary management agreements to maintain and increase the habitat of the Florida Panther and other wide-ranging animal species. By 1999, all Southwest Florida counties will have proactive marina Goal IV-20 siting plans consistent with boating 4 needs and environmental protection management. 2000 5. ~egional Transportation Further SRPP* SEE Road construction and prioritization programs, and alternative modes Goal V-1 analyses, shall ensure that evacuation 4 times in coastal regions will decline with no evacuation times in the Region exceeding 18 hours by 2010. By 2000, takings of structures in right- Goal V-2 of-way acquisition will be reduced by X 1 50% on a per mile basis over that of 1990. Local governments will encourage Goal V-3 mixed land uses to reduce the need X 2 for excessive travel for everyday needs. By 2010, 95% of the Region's roadways will be operating at the adopted LOS of that facility. By 2000, Goal V-4 each city of 10,000 population and X 2 each urban county will use transportation models as part of their major land use decision process. By 2000, 5% of work trips will be met Goal V-5 through transit, carpooling, or other X 2 high-occupancy vehicle mode of transportation. Each community shall have reasonable access to a regional Goal V-11 transportation system that integrates X 1 highway, air, mass transit, and other transportation modes. Transportation planning programs will address the seasonal nature of the Goal V-12 Region due to tourism and agricultural X 2 production. The proposed project would likely further the SRPP if implementation of the project would produce progress toward achievement of the regional goal. General Comments 1. The proposed project would likely have a positive effect on the SRPP if the regional conditions outlined in this report are implemented. 2. The proposed project would likely have a neutral effect on the $RPP if the regional conditions outlined in this report are implemented. 3. Less than regionally significant, see local issues section of report. 4. Not applicable for this project or project type. / .,ENDArrF. M NOV 2 8 2000 APPENDIX II 'LOCAL ISSUES ANALYSIS ,4GENOA I'1,. /- NOV 2 8 2000 AGENOA NOV 2 B 2000 SOLID/HAZARDOUS/MEDICAL WASTE 1. Project Impact a. Waste Volume \'. aste Management of Collier County has agreed to service the project as the franchised hauler. Solid waste will be disposed at the Collier County Sanitary Landfill located 1.5 miles east of State Road 951 and north of 1-75. The applicant notes that the project is anticipated to generated the following solid waste volumes: PROJECTED SOLID WASTE VOLUMES ¸2. o Warehouse 2 lbs./per sq. ft. per day Office l lbs./per 100 sq. ft. per Buildings day Prisons 5 lbs./per person per day Additionally, the applicant notes that the Government Center Development of Regional Impact project is not expected to produce hazardous wastes, other than those normally associated with normal maintenance of buildings and grounds. It is further noted that disposal of all hazardous and non-hazardous m,aterials and waste will be in compliance with all applicable federal, state and local requirements. ~ Remedial Action None Applicant Commitment ao The project should be bound by all applicable recycling requirements in effect in Collier County at the time of the develo,pment.2 Any buildings where hazardous materials or wastes are to be used, displayed, handled, generated or stored should be constructed with impervious floors, with adequate floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate cleanups of any spill, leakage, or contaminated water.3 AC..~A i-r~ ,r NOV 2 8 2000 Discharge of hazardous waste effluent into the sewage system should be prohibited unless approved by permit issued by the Florida Department of Environmental Protection.4 The applicant should incorporate the solid waste demands of the project into the county solid waste management program and explore possibilities of extending the life of the landfill by reducing the solid waste volume with practices such as conservation, recycling, trash compaction, and mechanical shredding) Any operation found within the development that generates hazardous waste should be responsible for the temporary storage, siting and proper disposal of,'.. the hazardous waste generated by such operation. However, there should be ' no siting of hazardous waste storage facilities contrary to the Collier County Zoning Regulations.6 References ADA, page 10-6 ADA, page 20-1 Ibid., page 20-1 Ibid., page 20-1 Ibid., page 20-1 Ibid., page 20-1 II-A-2 / NOV 2 8 2000 APPENDIX III DRAFT DEVELOPMENT ORDER ~ov ~ ~ ~ooo DEVELOPMENT ORDER FOR ' (Vro~ect Name) A DEVELOPHiNT OF ~GZON~ (File Nu~r) ~" ' ' L~ IT ~, T~T, P~ ~ S~ZO~ 380.06, O~ T~ ~R[DA diction), ~ H~, AT A PUBLIC H~ING ~ED ON (~a~ of ~ubl[c hearing}, ~E AP~LI~TION FOR ~ICH CONSENTS OF (acreage) ~ BE DE~P~ IN THE ~ER DESCRIBED IN THE ~PLI~TION FILED BY (name of a~licant(s), (o~er) (authorized repre=en~%[Ve), ~R SAID ~E~, the (1~al ~vernin~ ~y} of (1~al ~over~nt} has considered ~e re~rt ~d reco~ndations of the ~uth~e~t Florida ' Regional 'Pinning Cocci1, ~e (l~a[ ~over~t) s~ff, the document~ and ~ts u~n. the r~ora made before the (local ~ove~[ng ~dy) of (l~al ~over~ent), hereby ~kes the following Findings of Fact and ~anc[us[on of FINDINGS OF FACT 1. (Pro~ect Description and Legal Description) 2. The proposed development is'~ot in an area'designated as an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes. 3. The development (does/does not) unreasonably interfere with the achievement of the objectives of an adopted state land development plan-applicable to the a~ea. 4. The development (is/is not) consistent with the local Land development regulations. 5. The development (~s/is not) consi~tc,~t w~th the report, and recommendations of the South~'c~-t }'lot ida Rcqtonal P[an~%[ng Council III-1 NOV' 2 8 2000 CONCI~J$ IONS OF LAW NOW, THEREFORE° BE IT RF. SOLVED BY THE (local govern£ng body) OF (local ~over~ent), ~ public ~etfn~, duly constituted ass~led (date of p~lic hearing), ~at the ~velopment of Regional l~ct Application for ~1o~t ~p~oval su~t~ed by n~e), fs heFeby ordered (App~v~nied/Approved sub~ect following conditions, res~fctfons, and limitations): (INSE~ THE ~PROPRIATE CONDITIONS) BE IT FURTHER RESOLVED, by the (local governin9' body) of (local government) ~ that: 1. All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supple- ~ntal documents that are not in conflict with conditions or stipula- tions specifically enumerated above are hereby adopted to this Pevelop- ment Order by reference. 2. The (title of local official) s~all be the local official responsibke for assuring compliance with this Development Order. 3. This Oevelopment Order shall re~ain in effect for a period ~ of (~ of years] from the date of its rendition. In the event that significant physical development has not commenced within this time period, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement, '~ig- nificant physicel development' does not include roads, drainage or landscaping but does include construction of buildings or installation '~-~ of utilities and £acilit~es such as sewer and ~atcr lines. The apDl ~cant or the~ successor(s) ~n t~tlc to the subject Ili-2 i,m NOV 2 B 2000 P~.~ effective dace of this development order, to the (local 9overnin~ ~_~___~, the $outhw.,est Florida Regional Planning Council, and the Oe~r~nL of Co~uniLy Affairs. This re~rC wilI conLain the Informrich required in Section 98-16.25, Florida A~inistrative C~e. Failure to submit the annual re~rt shall ~ ~ve~ by S~$ection 380.06 (16), Florida Statutes. ; S. Subsequent re~ests for develo~t ~ts ~hall not re~ire further revie. pursuant to Section 380.06, Florida S~tutes, unless it is found by the {local roveming ~y), after due notice and hearing, that one or ~re of the follo. inq is present; a. A substantial deviation from ~e terms or conditions of ~is develo~ent order, or other changes to ~e approv~ develop- ~t plans ~hich create a reasonable l~elih~ of adverse regional ~cts or other regional ~pacts which' were not evaluated in the teviev by the Southwest Florida Regional Pla~g Co.oil; or b. An expiration of the period of effectiveness of ~his development order as provided herein. t3pon a finding that either of the above is present, the (local governing body')_ shall order a termination of all development activity until such time as a new DRI Application for Develo~nt Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other-applicable local or state per- mitting procedures. DULY PASSED AND ADOPTED TIllS DAY OF (local government) (Notary Public) rr -3 AGENDA ITEM NOV 2 8 2000 APPENDIX IV SUBSTANTIAL DEVIATION MONITORING FORM AGENOA ITEM NOV 2 8 2000 APPENDIX VI Florida Department of Transportation Comments NOV 2 8 2000 Florida Department of Transportation JEB BI'Stt 'G¢)VERN()R August 29, 2000 Mr. Dan Trescott DRI Coordinator Southwest Florida Regional Planning CounciI(SWFRPC) 4980 Bayline Drive, 4th Floor North Ft. Myers, F1 33917-3909 THOMAS F. BARRY. JR. SECRETARY S.~. FLORIDA REGIONAl PLANt,! I t~'G COUNCIL RE: Section 03010, US 41, Collier County Government Center Development of Regional Impact (DR/), Application for Development Approval (ADA), Final Review; Collier Count~ ' ' Dear Mr. Trescott: The Department has completed the first sufficiency review of the Collier County Government Center Application for Development Approval; Our comments are as follows: The Govemment Center will have direct access to both US 41 and Airport Pulling Road. Secondary access will be provided on Palm Drive via Harrison Road. ~ Our review of the applicant's Highway Capacity Software (HCS) analyses indicates that an all-red period has not been assumed in the intersection analyses. This results in an overly optimistic estimate of intersection delay. These intersections should be re-analyzed. Additionally, there are inconsistencies found in Table 21.A-1. For a number of road segments, the existing levels of service listed in the table are different from what is shown in the analysis. Based on the information that has been submitted, we recommend the development order conditions require periodic monitoring/modeling to determine if actual future volumes and conditions are consistent with those reflected in the applicant's analysis. We appreciate the opportunity to provide these comments. If you have any further questions, please contact John Czerepak of my staff at (941) 519-2343. Sincerely, Sherry Sikes Carver Planning Administrator District One. Planning and Programs Office 801 North Broadway Avenue * Post Office Box 1249 * Bartow. FL 33831-1249 (941) 519-2348 * (941) 534-7172 (Fax) * MS 1-36 www.dot.state.fl.us Mr. Daniel Trescott · Collier County Government Center Development of Regional Impact (DRI) August 29, 2000 Page Two SSC:GJC:gjc SSC-L55-00 ¢C~ Nathan Silva, P.E., AICP, G!atting, Jackson Inc. Gavin Jones, P.E., Transportation Planning Manager, Collier MPO John Baker, Community Programs Administrator, DCA Kimberly Warren, District Planning Manager, FDOT Michael J. Tako Nicolaisen, Technical Analysis Administrator, FDOT Lawrence Massey, Systems Analyst John Limbaugh, Lee/Collier Intergovernmental Liaison, FDOT Gary Amig, Senior Access Management Specialist, FDOT Files (DRI#3.38) AGENDA I'I'E,~ I~0V 2 g 2000 APPENDIX V South Florida Water Management District Comments NOV ~'8 2000 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LAN 01 July 7, 2000 Mr. Daniel L. Trescott, Principal Planner Southwest Florida Regional Planning Council 4980 Bayline Drive, 4t" Floor P.O. Box 3455 N. Ft. Myers, FL 33918-3455 Dear ~ Subject: Collier County Government Center, DRI No. 99-433 Enclosed is a copy of the District's Impact Assessment Report for the above-referenced project. The report is a general technical assessment of the project based on information provided by the applicant and does not constitute final finding agency action. ' We appreciate the opportunity to participate in the review process. If you have any questions concerning our review, please contact me at (561) 682-6862. Sincerely, James J. Golden, AICP Senior Planner Environmental Resource Regulation /jig Enclosure Alan D. Reynolds, WilsonMiller, Inc. t r,~nk I< Fu IMPACT ASSESSMENT REPORT Prepared by South Florida Water Management District Issued July 7, 2000 PROJECT SUMMARY Project: Developer: SFWMD ID No: Location: _ ~ - Size: Existing Land Use: Proposed Land Use: DRI Threshold: Collier County Government Center Collier County Board of County Commissioners 99433 Sections 12/Township 50 South/Range 25 East; Collier County +55 acres Government Center Expansion of Existing Government Center (537,572 square feet of existing office floor space/996,799 square feet proposed at build-out) Office Parks (300,000 square feet) II GENERAL PROJECT-RELATED INFORMATION The Collier County Government Center DRI is a proposed expansion to an existing +55 acre government office complex located in western Collier County at the northeast comer of U.S. 41 and Airport-Pulling Road (see Exhibit 1). The Master Development Plan (see Exhibit 2) proposes to increase the existing office floor space from 537,572 square feet to 996,799 squ. are feet. Development is scheduled to occur in three phases with build-out in 2012. On August 24, 1999, the County entered into a Preliminary Development Agreement (PDA) with the Department of Community Affairs (DCA). The PDA authorizes construction of up to 34,600 square feet of gross floor area on 6.5 acres for expansion of the existing jail facility. The PDA was subsequently amended to allow construction of a 27,306 square foot juvenile detention center on 2.44 acres. III POTENTIAL FOR ADVERSE REGIONAL IMPACTS SLIMMARY Category Surface Water Management- Quantity Surface Water Management - Quality Wetlands/Other Surface Waters - Functions Minimal x x N/A* Water Use X Significant * Applicant not required to respond pursuant to DRI preapplication agreement 1 Maior . NOV 2 8 2000 IV CONCLUSIONS AND RECOMMENDATIONS In reviewing the available information, District staff has concluded that the Collier County Government Center DRI could be developed in such a manner that adverse regional water resource-related impacts would not be likely to occur with regard to surface water management quantity/quali~y, wetlands/other surface waters-functions, and water use. . Surface Water Management An Environmental Resource Permit modification (No. 11-01784-P) t0 the project's existing surface water management permit was issued by the District on February 10, 2000. Consequently, the Surface Water Management Checklist and Footnotes have been deleted from this report. Wetlands/Other Surface Waters-Functions Since the applicant was exempted from responding to Question 12 (Vegetation and Wildlife) and Question 13 (Wetlands) at the DRI preapplication conference, the Environment Checklist and Footnotes have been deleted from this report. Water Use Potable water s.upply will be provided by the City of Naples. The utility has an adequate permittea allocation to meet the demands of this project. The applicant is proposing to use reclaimed water to meet .the project's landscape irrigation demands. For additional details concerning the above as well as permitting requirements, see the Water Supply and Development Checklist and Footnote on pages 4 and 5. The District is recommending a Development Order Condition (see page 3) requihng that specific conservation measures be incorporated into the project design. Permits This project may require the following District permits prior to commencement of construction: 1. Water Use Permit - for any proposed ground water withdrawals for landscape irrigation. 2. Water Use Permit - for certain dewatering activities proposed for the construction of project lakes and/or road or building. The applicant mugt provide verification that' the proposed system designs will meet District criteria in effect at the time of permit application. NOV '2,2 2000 Recommended Development Order Condition The project shall utilize ultra-low volume water use plumbing fixtures, self-closing and/or metered water faucets. The project shall also use other water conserving devices and/or methods. These devices and methods shall meet the criteria outlined in the water conservation plan of the public water supply permit issued to the City of Naples by the South Florida Water Management District. V DISCLAIMER This review has been performed by the South Florida Water Management District to provide the Southwest Florida Regional Planning Council with a general technical assessment of the water- related impacts of this project from the District's perspective. It is a technical review of'the project based on the information provided by the DRI applicant. It is not a permit under Chapter 373, F.S., nor is it a commitment for said permits. This review does not constitute final agency action and it is not binding on this agency. Permit evaluation, pursuant to Chapter 373, F.S., will be based upon the criteria in effect and the information available at the time of permit application. Consequently, the applicant is advised that this could result in a change in the District's technical assessment from that which is contained in this review. 3 NOV ,2 8 2000 SUBJECT: WATER SUPPLY AND DEVELOPMENT - Collier County Government Center, DRI No. 99-433 Proposed Potable Water Source: City of Naples Permit No.: 11-00017-W Permitted Allocation: 24.64 MGD (6,470.875 MGY) Current Usage: 5.241 MGD Projected Demand of DRI: 0.93 MGD Proposed Non-Potable Water Source: Reclaimed water (1) Projected Demand of DRI: 0.143 MGD ACCEPTABLE I I RESPONSE I RESOLVABLE I MA~OR IN I AT PERMIT TIME IREGIONAL IAPPLICATIONI MINOR I MAJOR t IssuES I. PROJECTED DEF~%/TDS OF PROJECT A. POTABLE WATER i. Use Generation Rates 2. Conservation Practices B. NON-POTABLE WATER 1. Use Generation Rates 2. Conservation Practices 3. Wastewater Reuse II. WATER USE IMPACTS A. ON-SITE 1. Proposed Sources a. Groundwater b. Surface Water c. Wastewater Reuse d. Reverse Osmosis 2. Resource Capability 3. Impacts a. Salt Water Intrusion b. Pollution/Contamination c. Environmental B. OFF-SITE 1. Verification of Availability from Utility 2. Resource Capability 3. Impacts a. Salt Water Intrusion b. Pollution/Contamination c. Environmental d. Other Legal Users I x I I I x I FOOTNOTE: See following page. 4 / NOV 2 8 2000 WATER SUPPLY ~ DEVELOPMENT FOOTNOTE: (I) Reclaimed water provided by Collier County Utilities is the proposed source for meeting the project's landscape irrigation demands, If an application is submitted for a water use permit to utilize well water, supporting documentation must be provided demonstrating that the proposed project is a reasonable-beneficial use of water, will not cause adverse impacts, and is in the public interest. The applicant is advised that the SFWMD has concerns regarding the potential for saline water'intrusion in the vicinity of the project site. AGENI:)A ITEM NOV 2 8 BAYSHORE o<--- m Itl ~ · --,IZ ~ m~:O -- :13mO GOODLETTE ROAD EAIT NAPI. EI ' Mir TItOOI~T CHURCH IIEIID~NTIAL )tENON PARK J I REIIDE#TI THE GI.~D PARKING DECK /RIEBII~J~TIAL THE COllIE RC~A~. -' COMIIEICk~ ' . WA,L-M~RT ~ COl~.~ RESOLUTION NO. 00- DEVELOPMENT ORDER 00- DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR THE COLLIER COUNTY GOVERNMENT CENTER, A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHEREAS, Collier County, on December 22, 1999, filed an application for development approval (ADA) of a development of regional impact (DRI) known as the Collier County Government Center DRI in accordance with Section 380.06, Florida Statutes; and WHEREAS, the Collier County Government Center DRI has been reviewed by, and received all necessa~ approvals .from Collier County agencies, departments, and boards required as conditions precedent DRI approval; and WHEREAS, the Board of County Commissioners is the governing body of the unincorporated area of Collier County, has jurisdiction pursuant to Section 380.06, Florida Statutes, and is authorized and empowered to consider applications for development approval and to issue development orders for DRIs located within its jurisdiction; and WHEREAS, the public notice requirements of Section 380.06 and the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the 'report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the Collier County Government Center DRI Application for Development Approval on November 2, 2000; and WHEREAS, Collier County, through its Facilities Management Department, and the State of Florida Department of Community Affairs, entered into an Amended Preliminary Development Agreement on May 10, 2000, which authorized commencement of construction of an addition to the Collier County Jail and construction of a juvenile detention facility by the Florida Department of Juvenile Justice prior to issuance of a final DRI Development Order for the Collier County Government Center DRI; and WHEREAS, the issuance of a development order pursuant to Chapter 380.06, Florida Statutes does not constitute a waiver of any powers or rights regarding the issuance of other ' development permits not consistent herewith by the County or State; and WHEREAS, on November 28, 2000, the Board of County Commissioners, at an open public hearing held in accordance with Section 380..06, Florida Statutes, having considered the ADA for the Collier County Government Center; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the recommendations of the Collier County Staff and Adviso~ Boards; and the record made at said hearing, makes the following findings of fact and conclusions of law: FINDINGS OF FACT The real property which is the subject of the ADA and this Development Order is legally described as set forth in Exhibit "A," attached hereto and incorporated herein by reference.. The applicant submitted to the County an ADA and supplementary ADA sufficiency responses, collectively referred to as composite Exhibit "B", which by reference are made a part hereof to the extent that they are not inconsistent with the terms and conditions of this Development Order. The application for development approval, including the applicant's supplementary ADA responses to agency sufficiency questions, is consistent with Subsection 380.06, Florida Statutes, (1999). Portions of the approximately 55 acres comprising the Collier County Government Center DRI were developed and in use prior to the filing of the ADA, containing 537,572 gross square feet of existing office space. Of this existing amount of building area, a total of 110,944 square feet are "vested" because they were built or under construction prior to July 1, 1973, as determined by the Department of Community Affairs (DCA) Binding Letter of Interpretation of Vested Rights, dated November 1, 1999, (DCA File No. BLIVR-0900-002). The Collier County Government Center DRI is planned to contain a maximum of 996,799 gross square feet of office space~ inclading the 110,944 square feet of floor area found to be "vested" by DCA, on the land legally described in Exhibit A. The office space will be constructed in three development phases, with build-out projected to occur in the year 2012. The Master Plan for the Collier County Government Center DRI is depicted on Map H, attached hereto as Exhibit "C" and incorporated by reference herein. The development is consistent with the report and recommendations of the SWFRPC submitted to Collier County pursuant to Subsection 380.06(12), Florida Statutes. The proposed Collier County Government Center DRI is consistent with the Collier County Comprehensive Plan and local land development regulations. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area, and is consistent with the State Comprehensive Plan (Ch. 187, Florida Statutes.). The development is not in an area designated as an area of critical state concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting duly constituted and assembled on this 28'h day of November, 2000, that the Collier County Government Center application for development approval is hereby approved, subject to the following conditions: 1. ENERGY: The Collier County Government Center will incorporate the following energy conservation features where applicable, feasible, or required by Collier County Code in all future phases: Provision of a bicycle/pedestrian system connecting all buildings and other land use types, to be placed along arterial and collector roads within the Project. This system i:, to be consistent with local government requirements. 2 Provision of bicycle racks or storage facilities in recreational and office commercial areas. Cooperation in the locating of bus stops, shelters, and other passenger and system accommodations for a transit system to serve the Project area. Use of energy-efficient features in window design. Use of operable windows and ceiling fans. Installation of energy-efficient appliances and equipment. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., building orientation and solar water heating systems). Reduced coverage by asphalt, concrete, rock, and similar substances on streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. Installation of energy-efficient lighting for streets, parking areas, and other interior and exterior public areas. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch). Selection of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. Planting of native shade trees to provide reasonable shade for all streets and parking areas. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. Provision for structural shading wherever practical when shading cannot be used effectively. AFFORDABLE HOUSING: An analysis of the need for affordable housing generated by the Government Center DRI was conducted using the methodology developed by the East Central Florida Regional Planning Council, which has been approved by the Department of Community Affairs and the Southwest Florida Regional Planning Council. The analysis of affordable housing impacts associated with the Collier County Government Center DRI concludes that there is and will be an adequate supply of affordable housing proximate to the Government Center to meet the demands created by the Project, through the build-out of the Project, anticipated in 2012. A re-analysis of the employee housing demands of Phases II and III of the Collier County Government Center Project will be required prior to the start of each Phase only if Collier County significantly changes the number of employees working at the Government Center, or significantly lowers their anticipated wages, in comparison to the data submitted and reviewed by the Southwest Florida Regional Planning Council during its original analysis of the affordable housing demand generated by the Project. A~A I~ TRANSPORTATION: Collier County shall be fully responsible for site- related roadway and intersection improvements required within the Collier County Government Center DRI, including those along U.S. 41 and Airport-Pulling Road, bordered by and providing access to the DRI, and on Palm Drive as a secondary access. Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways through Phase I: Roadway From To Airport-Pulling Road* Radio Road Davis Boulevard Airport-Pulling Road* Davis Boulevard U.S. 41 * ART_PLAN analysis shows that Airport-Pulling Road operates at acceptable LOS with or without intersection improvements. Adequate commitments to provide the necessary improvements including, but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase I: INTERSECTION IMPROVEMENT U.S. 41 ~ Airport-Pulling Road Add Southbound le~turn lane Airport-Pulling Road ~ Davis Blvd. Add Northbound right-turn lane Add Southbound right-turn lane Airport-Pulling Road ~ Glades Blvd. Signalization, if warranted Lakewood Blvd. ~ Glades Blvd. Add Southbound right-turn lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways through Phase II: Roadway From To U.S. 41 * Davis Boulevard Airport-Pulling Road U.S. 41 * Airport-Pulling Road Lakewood Boulevard U.S. 41 * Lakewood Boulevard Rattlesnake Hammock Rd. Airport-Pulling Road* Radio Road Davis Boulevard Airport-Pulling Road* Davis Boulevard U.S. 41 · ART_PLAN analysis shows that Airport-Pulling Road and U.S. 41 operate at acceptable LOS with or without intersection improvements. 4 Adequate commitments to provide the necessary improvements including, but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase II: INTERSECTION IMPROVEMENT U.S. 41 ~ Airport-Pulling Road Add 2 Southbound le~turn lanes Airport-Pulling Road ~ Davis Blvd. Add Northbound right-turn lane Add Southbound right-turn lane Add Eastbound right-turn lane Add Eastbound left-turn lane Airport-Pulling Road ~ Radio Road Add Westbound [eft-turn lane Airport-Pulling Road ~ Glades Blvd. Signalization, if warranted Lakewood Blvd. ~ Glades Blvd. Add Southbound right-turn lane and Northbound left-turn lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted Adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways through Phase III: Roadway From To U.S. 41 * Davis Boulevard Airport-Pulling Road U.S. 41 ** Airport-Pulling Road Lakewood Boulevard U.S. 41 ** Lakewood Boulevard Rattlesnake Hammock Rd. Airport-Pulling Road# Radio Road Davis Boulevard Airport-Pulling Road# Davis Boulevard U.S. 41 · ART_PLAN analysis shows that U.S. 41 operates at acceptable LOS with intersection improvements. · * ART_PLAN analysis shows that U.S. 41 operates below acceptable LOS with or without intersection improvements. # ART_PLAN analysis shows that Airport-Pulling Road operates at acceptable LOS with intersection improvements. Adequate commitments to provide the necessary improvements including, but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through Phase III: INTERSECTION IMPROVEMENT U.S. 41 ~ Airport-Pulling Road Add 2 Southbound left-turn lanes Add Eastbound left-turn lane Add Eastbound right-turn lane Airport-Pulling Road (~ Davis Blvd. Add Northbound right-turn lane Add Southbound right-turn lan~ Add Eastbound right-turn lane Add Eastbound left-turn lane Add Northbound left-turn lane Add Southbound left-turn lane Airport-Pulling Road (~ Radio Road Add Westbound left-turn lane Add Northbound right-turn lane Airport-Pulling Road ~ Glades Blvd. Signalization, if warranted Lakewood Blvd, ~ Glades Blvd. Add Southbound right-turn lane and Northbound le~-turn lane and conversion to 3-way stop control Palm Drive ~ Harrison Road Signalization, if warranted Improvements to the facilities outlined in recommendations b,c,d,e,f, and g above shall be made at the time that a road segment or intersection is expected to operate below the level of service standard adopted in the Collier County Comprehensive Plan. No building permits for a given phase e! '.his Project shall be issued unless the identified improvements for that phase are ~) complete, b) under construction, c) the subject of a clearly identified, executed and recorded Local Government Development Agreement consistent with Sec. 163.3220 through 163.3423, Florida Statutes, incorporated into the Development Order ensuring completion concurrent with the impacts of development; d) the subject of a binding commitment_fromCollier County ensuring completion concurrent with the impacts of development incorporated into the Development Order; e) the subject of a binding commitment by the County in the current three years of the Capital Improvements Element; or f) the subject of a binding and enforceable commitment by the developer to provide the improvement concurrent with the impacts of development. Any combination of the above, which ensures that the improvement is also acceptable, provided the SWFRPC, Collier County, and DCA agree that the combination meets the intent of the Transportation Uniform Standards Rule. As an alternative to these requirements, Collier County may pay the higher of either (1) the amount of road impact fees payable under the County's road impact fee ordinance (Ord. 2000-56, as amended), or (2) the a proportionate share contribution, calculated consistent with the formula in Paragraph 9J-2.045(1)(h), F.A.C., for the improvement(s). Either of these alternative payment amounts shall be applied only to the construction of one or more of the significantly impacted roadway improvements listed above, or some reasonable alternative which, if constructed, will reduce traffic volumes on one or more of the listed segments. No building permits for a given phase shall be issued unless either the road impact fee amount is paid at the time that permits are issued or the proportionate share payment for the construction of a needed improvement for that phase is incorporated into the Development Order and until either the impact fee or proportionate share contribution amount is received by the County. Any delay in ' payment or change of the proportionate share payment shall require a re-analysis of the payment amount in a Notice of Proposed Change. To determine the project impact on regional facilities, an annual monitoring report shall be submitted to Collier County, Florida Department of Transportation, Florida Department of Community Affairs, and SWFRPC for review and approval. The first monitoring report shall be submitted one year after the recorded date of the approval of the Development Order, and successive reports one year thereaRer, to the end of Phase I construction, and for successive phases as subsequently updated to project build-out. At a minimum, the report shall contain a summary of construction and development activities to date, in the categories 0fdevelopment as recorded in the Development Order. In addition, the report shall contain p.m. peak hour trip generation estimates and turning movements at each of the Project's access points, and the off-site intersections listed in c, e and g above. The report shall also provide a calculation of the existing levels of service for the facilities referenced in paragraphs b,c,d,e,f, and g above. Finally, an estimate of the level of development expected to be added by 6 the Project for the forthcoming year will be provided. The monitoring report shall identify the status of the road improvements assumed to be committed in the DRI Development Order and address any deviation from the identified schedule. Critical Regional Facilities U.S. 41 is a regionally significant roadway, which allows for commutes between urban areas, as well as serving as a route for intra-urban travel. The segment of U.S. 41 from Airport-Pulling Road to Rattlesnake Hammock Road is projected to operate below adopted level of service standards in Phase III. This roadway has been identified as a policy constrained facility, with FDOT's maximum number of allowable general-purpose lanes (six) already constructed. A constrained facility is one in which adding lanes, to meet current or future need, is not possible because of physical or policy barriers. Collier County and the Collier County Metropolitan Planning Organization (MPPO) have identified recommended roadway improvements and public transportation strategies to serve cumulative area wide growth. Due to the policy constrained designation of U.S. 41 from Airport-Pulling Road to 'Rattlesnake Hammock Road, the County proposes mitigating future impacts and remedying the projected level of service deficiency through the use of one or more of the following planning tools,: 1. Facilities Management The Master Plan for the Government Center includes the construction of satellite offices in North Collier County and in Golden Gate to serve the public at other locations around the County. Public Transportation The Board of County Commissioners and the MPO recently adopted a Public Transportation Development Plan (TDP), that provides for further refinement'of services through implementation of a Transit Operation Plan. The Operation Plan is a blueprint for a deviated fixed-route bus system. The proposed Plan identifies the need for seven buses to provide the recommended level of transit service. On August l, 2000, the County Commission authorized the purchase of seven medium duty diesel buses to provide the deviated fixed-route service. The buses are scheduled to commence service in February 2001. Transportation Demand Management (TDM) The overall Transportation Development Plan incorporates other TDM strategies. TDM strives to reduce congestion, improve air quality, and reduce energy consumption by using innovative techniques such as increasing vehicle occupancy, reducing the number of trips traveled and rescheduling trips around the peak travel hours. TDM alternatives to single-occupant vehicles can include carpools, bus pools, or non-motorized travel such as bicycles and walking. TDM alternatives that affect when travel occurs can include variable work hours, flexible work schedules, or compresse~l work weeks. Telecommuting is a TDM alternative that affects where employees work. 7 TDM strategies may include time incentives such as preferential parking for ride sharers and high occupancy (HOV) lanes. TDM strategies may also include financial incentives such as transportation allowances and subsidies for transit and non-motorized travel. TDM also includes marketing strategies to encourage alternative travel and to promote transit use. 4. Transportation System Management (TSM) The Collier County Congestion Management System Manual recognizes that TSM measures will be required in the vicinity of the Government Center, especially on U.S. 41 and Airport-Pulling Road. These include intersection improvements, access management and turn prohibitions, improved signal progression and the like. Collier County is in the process of developing a countywide computerized signal system. Collier County shall promote efficient pedestrian and bicycle movement within and between the development's components and to adjacent properties as deemed necessary by Collier County. Collier County shall promote transit service through the inclusion of bus stops or other appropriate transit access point.s in site design, consistent with the Collier County transit plans. Regardless of the number and types of optional transportation improvements, identified above, that are implemented by the County, the following conditions shall be met: If annual monitoring reports lead to the conclusion that one or more regional roadways and intersections are operating at below the adopted level of service standard and the project is contributing more than 5% of the adopted level of service capacity, then further building permits and certificates of occupancy shall not be granted until the standards and requirements of the County's Concurrency Management System have been met. The transportation impacts to the roads and intersections identified above shall be appropriately addressed consistent with SWFRPC policies, and the determination of proportionate share and/or pipelining of the regional road improvements shall be in accordance with Section 163.3220, Florida Statutes, which requires a Local Government Development Agreement and a commitment by the applicant and/or the local government to insure concurrency on all significantly impacted regional madways. The County shall transfer the appropriate amounts of any road improvement funds payable pursuant to this Development Order to the appropriate agency with maintenance and improvement responsibility for those roadways, which are not under the jurisdictional responsibility of Collier County, but upon which the project has significant and adverse impacts. GENERAL CONDITIONS All commitments and impact mitigating actions specified in the Application for Development Approval (and supplementary documents) that are not in conflict with spec:~2c conditions for project approval outlined above are officially adopted as condit~:.~s for approval. 8 NOV 2 i '2000 ..... :~);. ........ The development-phasing schedule presented within the ADA and as adjusted to date of Development Order approval shall be incorporated as a condition of approval. If Development Order conditions and applicant commitments incorporated within the Development Order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. If Collier County, during the course of carrying out and monitoring the development, determines that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The Development Services Director shall be the local official responsible for ensuring compliance with the Development Order. This Development Order shall remain in effect for eighteen (18) years from the date of adoption. The definitions contained in Chapter 380, Part I (Environmental Land and Water Management Act of 1972) shall control the interpretation and construction of any terms of the Development Order. Collier County, or its successors in title to the subject property, shall submit a report annually, commencing one year from the effective date of this Development Order, to the Southwest Florida Regional Planning Council and the Department of Community Affairs. This report shall contain the information required in Section 380.06(18), Florida Statutes and Section 9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format," as may be amended, provided by the Southwest Florida Regional Planning Council. Failure to submit the annual report shall be governed by the provisions of Subsection 380.06(18), Florida Statutes. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present: A substantial deviation from the terms or conditions of this Development Order, a substantial deviation to the Project Development Phasing Schedule, a failure to carry out conditions, commitments, or mitigation measures to the extent or in accord with the timing schedules specified herein or in the Phasing Schedule in the ADA, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the SWFRPC; or b° An expiration of the period of effectiveness of this Development Order, as provided herein; 9 Upon a finding that any of the preceding conditions exists, the Board of County Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida Statutes, pending issuance of an amended Development Order. The approval granted by this Development Order is limited. The approval shall not be construed to obviate the duty of Collier County to comply with all other applicable, local, state, or federal permitting procedures. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality or agency which may be created or designated the successor in interest to, or which otherwise possesses any of the powers and duties of, any referenced government agency in existence on the effective date of this Order. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner, affect the remaining portions of this Order, which shall remain in full force and effect. .9. This Order shall be binding upon the County. 10. This Development Order shall become effective as provided by law. 11. Upon execution, certified copies of this Development Order shall be provided to the Department of Community Affairs and the SWFRPC as provided in Subsection 380.07, Florida Statutes. 10 BE IT RESOLVED that this Resolution relating to Petition Number DRI-99-3 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. ATTEST: By:. Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D. Chairman Approved as to Form and Legal Sufficiency: M~uj O.~'M. Student Assistant County Attorney 11 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" LIST OF EXHIBITS COLLIER COUNTY GOVERNMENT CENTER DRI DEVELOPMENT ORDER Legal Description ADA and Sufficiency Responses (by reference) Master Plan (Map-H) 12 EXECUTIVE SUMMARY PETITION PUD-2000-02 WILLIAM HOOVER OF HOOVER PLANNING AND DEVELOPMENT, INC. REPRESENTING MARK L.LINDER, TRUSTEE, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS HIBISCUS VILLAGEPUD FOR A RESIDENTIAL DEVELOPMENT. THE SUBJECT PROPERTY IS AN UNDEVELOPED 57.82 ACRE PARCEL LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD APPROXIMATELY % OF A MILE NORTH OF VANDERBILT BEACH ROAD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners render a decision regarding an application seeking to have certain land herein described rezoned from its current zoning classification of "A" Rural Agricultural to "PUD" Planned Unit Development for a residential community. CONSIDERATIONS: The proposed Hibiscus Village PUD lays out a development scheme consisting of 231 residential dwelling units with accessory recreation amenities, lakes .and other open spaces on a total of 57.82 acres more or less. This will result in a density of 4 dwelling units per acre, which is consistent with the density permitted by the base density rating system. The proposed access is from Collier Boulevard (CR. 951). The PUD Master Plan indicates a future interconnection with the vacant properties to the south and to the west. Golden Gate Fire Control and Rescue District owns the property to the west of the subject site. The applicant has agreed to provide an access easement to the District along the north property line, which will provide the Fire District with direct access to Collier Boulevard. This property is surrounded by mostly vacant properties zoned "A" Agricultural. The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,322 Weekday trips. The TIS indicates that the project trips will exceed the significance test (5 percent of the LOS "C" design volume) on Collier Boulevard (CR. 951) north of Vanderbilt Beach Road. However, this segment is projected to operate at an acceptable level of service at build-out. The Transportation Element (TE) lists this segment of Collier Boulevard (CR. 951) as a 2 lane arterial road. The four-lane improvement of this segment of Collier Boulevard is scheduled to begin in 2003 and it is 1 NOV 2 8 2000 anticipated to be completed in 18 months. The current traffic count is 12,217 PSDT and is operating at LOS "C" and is projected to operate at an acceptable level of service at project's build-out in 2002. FISCAL IMPACT: This is a residential development with 231 residential dwelling units; the following Impact Fees will be applicable to this project: Road Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Park Impact Fee: Radon Gas Buildinq Code Administration Total $4,888,911.00 $27,253.OO $346,500.00 $ 3,234.00 $189,614.00 $1,732.00 $1,732.OO $5,458,976.00* This figure is based on 50 percent multi-family and 50 percent single family dwelling units. In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development' review process. Whereas utility fees are based 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 by the ad valorem tax 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 valorem tax rates. The above discussion deals with revenue schemes. A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. At this point in time staff has not developed a method by which to estimate the cost of a particular land use development project. Such a model in our opinion would be terribly misleading because there is no certain way particularly with respect to housing projects to determine their value and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide 2 AGENDA ITF.~ NOV 2 8 2000 and would therefore bring about a countywide concurrency determination versus roads, which may have geographic concurrency implications. GROVVTH MANAGEMENT PLAN IMPACT: This property is located within the Urban Residential Mixed-Use designated area on the Future Land Use Map of the Growth Management Plan which allows residential uses. The project density of 4 dwelling units per acre is consistent with the density rating system contained in the Future Land Use Element. ENVIRONMENTAL ISSUES: The applicant is not proposing any impacts to the wetlands or any other environmentally sensitive area on the site. 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 Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the CCPC review PUD-2000-02 and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was exempt from the EAC review. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on October 19, 2000 and by a unanimous vote recommended approval. 3 AC.~._h~A ITFJ~ NOV 2 8 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: I R~N~L-D-~,~NfN6, AICP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: JO~N M. DUNNUCK, III, INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 5 " ^C,e~A NOV 2 8 2000 AGENDA ITEM 7-G MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION OCTOBER 20, 1998 PETITION NO: PUD-2000-02 OWNER/AGENT: Agent: William L. Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road North Suite "B" Naples, FL. 34105 Owners: (Sellers) Benton and Ruth Boggess P.O. Box 5 Everglades, FL. 34139 Mr. & Mrs. Coniglio Thor Realty Corp. 1350 Lake Clay Drive Lake Placid, FL. 33852 Contract Purchasers: Mark L. Linder, Trustee50% L. I. "Buddy" Smith 50% Naples Realty Services, Inc. 4099 N. Tamiami Trail Second Floor Naples, FL. 34103 REQUESTED ACTION: This petition seeks to have certain land as herein described rezoned from its current zoning classification of "A" Agricultural to the "PUD" Planned Unit Development District. -1- NOV 2 8 2000 Z ~ 0 GEOGRAPHIC LOCATION: The subject property is located on the west side of Collier Boulevard (CR. 951), and approximately 3/, of a mile north of Vanderbilt Beach Road in Section 34, Township 48 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The proposed Hibiscus Village PUD lays out a development scheme consisting of 231 residential dwelling units with accessory recreation amenities, lakes and other open spaces on a total of 57.82 acres more or less. This will result in a density of 4 dwelling units per acre, which is consistent with the density permitted by the base density rating system. The proposed access is from Collier Boulevard (CR. 951). The PUD Master Plan indicates a future interconnection with the vacant properties to the south and to the west. SURROUNDING LAND USE AND ZONING: Existing: Vacant, zoned "A" Agricultural. Surrounding' North - Landscape nursery business, zoned "A" Agricultural East -Collier Boulevard (CR. 951) ROW, then canal, then a single family residence, zoned "A" Agricultural South -Vacant, zoned "A" agricultural West -Vacant with cattle, zoned "A" Agricultural GROVVTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed-Use designated area on the Future Land Use Map. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The project density of 4 dwelling units per acre 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: Maximum permitted density 4 dwelling units per acre 4 dwelling units per acre The requested density of 4 units per acre is equal to that which the site is eligible to receive under the FLUE density rating system, therefore this petition is consistent with the density provisions of the Growth Management Plan (GMP). -2- NOV 2 S 2000 Transportation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,322 Weekday trips. The TIS indicates that the project trips will exceed the significance test (5 percent of the LOS "C" design volume) on Collier Boulevard (CR. 951) north of Vanderbilt Beach Road. However, this segment is projected to operate at an acceptable level of service at build-out. As a result, this segment is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). The Transportation Element (TE) lists this segment of Collier Boulevard (CR. 951) as a 2 lane arterial road. The four-lane improvement of this segment of Collier Boulevard is scheduled to begin in 2003 and it is anticipated to be completed in 18 months. The current traffic count is 12,217 PSDT and is operating at LOS "C" and is projected to operate at an acceptable level of service at project's build-out in 2002. As a result, this petition is consistent with Policy 1.3 and 1.4 of the TE. Conservation and Open Space: PUD development commitments provide open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements. of the GMP will be achieved through PUD development commitments. Utility and Water Mana.qement: Development of the land will proceed on the basis 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 they 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: 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. ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE EVALUATION: 3 NOV 2 8 2000 review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. 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 comprehensive overview. The list of criteria is 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 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 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 appropriate evaluation of 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, 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. Followings are staff findings for this PUD petition: Relationship to Future and Existinq Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, The Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan iljustrates a residential development at a density of 4 units per acre, which is consistent with the GMP. The surrounding area is largely undeveloped and currently most surrounding properties are zoned at lower densities that range from 1 unit per five aces in the Agriculture District to 2.47 dwelling units per acre in the Vanderbilt Country Club PUD to the east and 3.04 units per acre in the Island Walk PUD to the west. -4- AGENDA ITF_k4 It should be noted that Vanderbilt Country Club is a golf course community and Island Walk contains significant water features resulting in a lower gross density. The preserve areas of this PUD encompass 14.2 acres. With landscape buffers and lakes this PUD will have 62 percent of the property allotted for open space. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts. 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. 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. As noted above, the majority of the surrounding and nearby land is zoned Agricultural which is eligible to be rezoned to residential at a base density of 4 units per acre. They also may qualify for the affordable housing density bonus of 8 units per acre, for a total of 12 dwelling units per gross acre. Therefore, staff is supportive of the proposed residential PUD at a density of 4 dwelling units per acre. The application of PUD development standards should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within the Collier Boulevard and Immokalee Road Activity Center and there are existing commercial facilities to the south on Collier Boulevard (CR. 951). After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE of the GMP. Traffic: The Traffic Impact Statement (TIS) classifies Collier Boulevard (CR. 951) as an arterial road serving the local north/south traffic. The TIS indicates that 230 units will generate approximately 1,322 trips on a weekday. The trip assignment in the TIS indicates that 65 percent will turn south onto Collier Boulevard (CR. 951) while 35 percent will turn north. Based on this data, the number of vehicular trips generated by project will exceed the significance test (5 percent of the LOS "C" design volume) on Collier Boulevard (CR. 951 ). However, this segment will continue to operate at an acceptable level of service at the build-out of the project. Nevertheless, intensifying traffic conditions may at times give rise to inconveniencing neighboring residents on this road segment even though the road will operate at acceptable levels. The Transportation Department has stipulated that both northbound and southbound left turn lanes will be required. This project will be designed to account for the future four-lane improvement to Collier Boulevard (CR. 951). Infrastructure: -5- NOV 2 8 2000 The subject property is served by the County water and sewer system. However, storm water management will be provided on site. Community Infrastructure and Services: The subject property is readily accessible to a whole range of community infrastructure, which is enhanced by its interface with Collier Boulevard (CR. 951). Shopping centers and medical offices of various specialties are all within a short driving distance to the south and north. PUD Document and Master Plan' PUD Document: The Hibiscus Village PUD Document is modeled after a County Planning Services model PUD Document. In terms of format, general provisions covering references to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. The development standards regulating the placement of residential structures both for individual and multi-family development are similar to the standards commonly employed in other PUDs, which by actual development practice has produced aesthetically pleasing communities. The PUD also limits the building height to 35 feet for 2 story buildings and to 45 feet for 3 story multi- family buildings. Master Plan: The Master Plan is designed around an entrance driveway, which provides a connection to Collier Boulevard (C.R. 951). All committed road improvements shall be in place prior to the issuance of any Certificate of Occupancy for the project. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-2000-02 to the Board of County Commissioners subject to the approval conditions that have been incorporated in the PUD Document and otherwise described by the Ordinance of Adoption and exhibits thereto. PREPARED BY: ,/ ! // CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER R~I~WED I~Y: CURRENT PLANNING ROBERT J. MULHERE~-AICP, DIRECTOR PLANNING SERVICES DATE DATE DATE APPROVF_zEYBY: VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: PUD-2000-02 Staff Report for October 19, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: ~/~/RMAN ~ -?- AG,~A ITEM NOV 2 8 2000 FINDINGS FOR PUD PUD-2000-02 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: 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) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Finding: 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. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. m 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 1 NOV2~o 2000 I _ be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. ProlCon: Evaluation not applicable. Summary Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. Summary Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Mixed-Use - Urbar~ Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed of 4 units per acre. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density - Approval would authorize 231 dwelling units whose density would be 4 units per acre. This is consistent with the density rating system to the FLUE which allows up to 4 units per acre as a base density. Land Use - The urban residential Subdistrict allows all residential structure types and other uses normally found in a residential environment such as recreational accessory uses. Transportation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TE. Recreation and Open Space Element - Sixty (60%) percent or more of the land area is to be developed as open space consisting of a wetland areas, lakes and landscape buffers. This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 60 percent for residential PUD's exclusive of that open space related to actual residential development. Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Hibiscus Village PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 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. ProlCon: Evaluation not applicable. Summary Finding: 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. The adequacy of usable open space areas in existence and as proposed to serve the development. ProlCon: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. AC_.~.N~A ITEI~ NOV 2 8 2000 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ProlCon: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con' Evaluation not applicable. Summary Finding: 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. 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. ProlCon' Evaluation not applicable. Summary Finding: 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 used for particular housing structures and associated area requirements. NOV 2 ~, 2000 REZONE FINDINGS PETITION PUD-2000-02 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: 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: The proposed residential density of 4 dwelling units per acre is consistent with the Density rating System of the GMP that provides for a base density of 4 dwelling units per acre, and up to 8 additional units per acre as a bonus for the affordable housing projects. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con' None Summary Findings: The proposed development is in compliance with the Future Land Use' Element of the Growth Management Plan. 2. The existing land use pattern; Pro: This project is within the close proximity of the Vanderbilt Country Club PUD which allows 2.47 dwelling units per acre, while the Island Walk PUD (approximately 1 mile to the west) allows 3.14 units per acre. Con' The adjacent properties are zoned Agriculture. This residential density is one unit per 5 acres. Summary Findings: The proposed density and land use are generally consistent with the existing land use pattern in the area. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is for a residential project which is similar to the approved residential zoned Island Walk PUD, Golden Pond PUD and the Vanderbilt Country Club PUD. Con: Evaluation not applicable. Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because is located within close proximity of other approved residential zoned properties. It is also consistent with expected land uses by virtue of its location within the "Urban Residential" area on the Future Land Use Element. 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 Findings: The boundaries are logically drawn by virtue of the site's location within the "Urban Residential" area on the Future Land Use Element. 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 and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary Findings: Consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro (i) Recommended mitigation actions made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential communities in the area. NOV 2000 ;: Con: The additional dwelling units could cause increased noise and traffic impacts on the nearby residences. However, due to the relative small size of the site and the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary 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 promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. 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) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. The property fronts directly on a public road thereby providing ar) immediate access to the arterial road network over which traffic from this residential development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary 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, 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; 3 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. Con' Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities 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. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed residential development conforms to the similar residential development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 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 which exists on the north and east sides. Con' None. 11. 12. 13. Summary Findings: 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 may or 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 may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; ProlCon' Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of 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. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; ProlCon: Evaluation not applicable. Summary Findings: 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 FLUE as contained in the Growth Management Plan. 5 AGENDA ITEk4 NOV 2 Po 2000 14. 15. 16. 17. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the GMP. Con: Evaluation not applicable. Summary Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed residential 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. 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. ProlCon' Evaluation not applicable. Summary Findings: Physical alteration is a product of developing vacant land which cannot be avoided. 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. ProlCon: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOV 2 2000 COLLIER COUNTY APPLICATION FOR PUD REZONE PETITION NO. COORDINATING PLANNER: DATE RECEIVED Applicant Name (Agent): William L. Hoover, AICP, of Hoover Planning & Dev., Inc. Address: 3785 Airport Road North, Suite B, Naples, FL 34105 Phone: 403-8899 Fax: 403-9009 Property Owner (Petitioner) Name and Address: Mark L. Lindner, Naples Realty Services, Inc. 4099 N. Tamiami Trail, 2nd Floor, Naples, FL 34103 Phone: 262-4333 Detailed Legal Description of Subject Property: Section 34 Township 48S Range 26E See attached legal description of the 2 parcels comprising the subject land. Property Identification #: 00204240006 and 00204320007. Size of Property: 667'x 1220' x 1330' x 2520' (odd-shaped) = 57.5+ Acres General Location of Subject Property: On the western side of C.R. 951, approximately 3/4 mile north of Vanderbilt Beach Road. Adjacent Zoning and Lahd Use: ZONING N - Agricultural S- Agricultural E - ROW & Agricultural W - Agricultural LAND USE Golden Gate Nursery (Plant Nursery). Vacant and wooded land. Collier Blvd., then canal, then landscaped nurseries with several single-family homes. Vacant & wooded with cattle grazing .on the parcel to the NW. Existing Zoning: Agricultural. Proposed Land Use or Range of Uses: PUD for residential land uses. Does Property Owner own contiguous property to the subject complete legal description of the entire contiguous property: No. property: If so, give Has a public hearing for a rezone been held on this property within the past 12 mon yc.~, please wrilc Ihc rczollc applicalitm num[~zr. NOV 2 ?; 2000 No. Is this property currently vacant? land use and all existing structures. Yes. If the answer is no please describe the current Signature of Petitioner Date * If petitioner is a corporation other than a public corporations, 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. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. The petitioner (/vlark Iz. Lindner) is a trustee for a land trust and is also the contracted purchaser. The current property owners of the northeastern 18.76-acre parcel are the Benton Boggess Revocable Trust dated 11-23-98 and the Ruth Lopez Boggess Revocable Trust dated 11-23-98. The Boggess address is: P.O. Box 5, Everglades City, Florida 34139. The current property owner of the southern 38.74-acre parcel is Thor Realty Corp., a Florida Corporation, c/o Coniglio, 1350 Lake Clay Drive, I.ake Placid, Florida 33852.. The beneficiaries of the petitioner's trust with Mark L. Lindner as Trustee are shown on the following page. The subject property being 57.5+ acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described as: The South half of the Northeast quarter of the Northeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record and excepting the East 100 feet thereof, previously conveyed for a highway right-of-way. The North half of the South half of the Northeast quarter of Section 34, Township 48 S0t_!_th, Range 26 East, Collier County, Florida, except. ing therefrom the East 100 feet tl~crcol_~ previously cm~vcycd Ib~ Ifighway rigllt-t)f-wa,t'. ~"~'~ur)A ~'rr~-; '~ Es 2000 Petitioner's trust breakdown: Trustee Mark L. Lindner Naples Realty Services, Inc. 4099 N. Tamiami Trail Naples, FL 34103 Beneficiaries Mark L. Lindner (50% Imerest) Naples Realty Services, Inc. 4099 N. Tamiami Trail Naples, FL 34103 L. I. "Buddy" Smith (50% Interest) Naples Realty Services, Inc. 4099 N. Tamiami Trail Naples, FL 34103 NOV 2 8 2O0O ORDINANCE NO. 2000- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8634; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "HIBISCUS VILLAGE PUD" LOCATED ON THE WEST SIDE OF C.R. 951, APPROXIMATELY 3/4 MILES NORTH OF VANDERBILT BEACH ROAD (C.R. 862) IN SECTION 34, TOWNSHIP 48 SOUTH, R.~qGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 57.82+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP of Hoover Planning and Development, Inc., representing Mark L. Lindner, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Hibiscus Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8634, 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 Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. BOARD OF COLq",rTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency Marjone~M. Student Assistant County Attorney G,'admin;PUD-200'~-02 'CB'ts -2- ?i NOV 2,B 2000 HIBISCUS VILLAGE PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: MARK L. LINDNER, TRUSTEE NAPLES REALTY SERVICES, INC. 4099 N. TAMIAMI TRAIL, 2ND FLOOR NAPLES, FLORIDA 34103 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 and RICHARD D. YOVANOVlCH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 and JEFF L. DAVIDSON, P.E. DAVIDSON ENGINEERING, INC. 1720 J. & C. BOULEVARD, SUITE C NAPLES, FLORIDA 34109 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANC'E NUMBER EXHIBIT "A" January 12, 2.000 September 29~ 2000 NOV 2 8 200.0 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION IPROPERTY OWNERSHIP AND DESCRIPTION SECTION IIPROJECT DEVELOPMENT REQUIREMENTS SECTION IIIRESIDENTIAL AREAS PLAN SECTION IVPRESERVE AREAS PLAN SECTION VDEVELOPMENT COMMITMENTS PAGE ii III 1 2 5 8 13 14 LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN ', NO',.' 2 8 2000 STATEMENT OF COMPLIANCE The development of approximately 57.82+ acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Hibiscus Village 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 Hibiscus Village PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 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. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 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. The project development will result in an efficient and economical allocation o~ community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. 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. The Project is located within an Urban Residential Mixed Use designation of the Future Land Use Element. The projected density of 4 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Maximum Permitted Density 4 dwelling units/acre 4 dwelling units/acre Maximum permitted units = 57.82 acres x 4 dwelling units/acre = 231 units. Requested dwelling units = 231, which results in a requested density of 4.00 dwelling units/acre. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 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 Hibiscus V"lllage PUD. LEGAL DESCRIPTION The subject property being 57.82+ acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described as: The South half of the Northeast quarter of the Northeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record and excepting the East 100 feet thereof, previously conveyed for a highway fight-of-way. The North half of the South half of the Northeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, exceptin~ therefrom the East 100 feet thereof, previously conveyed for highway right- of-way. PROPERTY OWNERSHIP A. The subject Drol~erb/is owned by: Benton Boggess Revocable Trust dated 11-23-98 and the Ruth Lopez Boggess Revocable Trust dated 11-23-98, P.O. Box 5, Everglades City, Florida 34139, jointly own the South half of the Northeast quarter of the Northeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record and excepting the East 100 feet thereof, previously conveyed for a highway right-of-way. Thor Realty Corp., a Florida corporation, c/o Coniglio, 1350 Lake Clay Drive, Lake Placid, Florida 33852, owns the North half of the South half of the Northeast quarter of Section 34, Township 48 South, Range 28 East, Collier County, Florida, excepting therefrom the East 100 feet thereof, previously conveyed for highway right-of-way. 2 1.4 1.5 B. The subject property is under purchase contract by a land trust: Mark L. Lindner, Trustee, Naples Realty Services, Inc., 4099 N. Tamiami Trail, 2nd Floor, Naples, Florida 34103. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the western side of Collier Boulevard (formerly C.R. 951), approximately 3/4 mile north of Vanderbilt Beach Road, unincorporated Collier County, Florida. The entire Project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the west of Collier Boulevard into a new swale that would transfer the stormwater to the Vanderbilt Canal. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEM^ Flood Zone 'X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25~year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge into the C.R. 951 Canal. The water management system will be permitted by the 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 per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum; #10 - Oldsmar Fine Sand, Limestone Substratum; and #23 - Holopaw Okeelanta Soils, depressional. NOV 2 2000 1.6 1.7 Site vegetation consists predominantly of pine fiatwoods, pine-cypress, cypress forest and woodland with a mix of different vegetation types. PROJECT DESCRIPTION The Hibiscus Village PUD is a Project comprised of a maximum of 231 residential units. Recreational facilities and other facilities and services 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. SHORT TITLE This Ordinance shall be known and cited as the "Hibiscus Village Planned Unit Development Ordinance." 4 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 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. GENERAL Regulations for development of the Hibiscus Village PUD shall be in accordance with the contents of this document, PUD Planned Unit Development, 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 (SDP), 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. 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. All conditions imposed and graphic material presented depicting restrictions for the development of the Hibiscus Village PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance procedure or separate provision provided for in this PUD Document, shall remain in full force and effect. 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. NOV 2 r~ 2000 2.3 2.4 2.5 2.6 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 231 dwelling units shall be constructed in the residential areas of the Project. The gross Project area is 57.82+ acres. The gross Project density shall be a maximum of 4.00 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are iljustrated 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. Bo 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 in effect prior to the issuance of a building permit or other development order. Go 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. 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. Temporary sales trailers and construction trailers may be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the requirements of Section 2.6.33.3' of the Land Development Code. 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, in accordance with Section 3.2.8.3.6 of the Land Development Code, as amended. Off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5, Excavation, of the Land Development Code shall apply. NOV 2 8 200¢ SECTION III RESIDENTIAL AREAS PLAN 3.1 3.2 3.3 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A," PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 231 units. 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 Principal Uses and Structures: 1. 2. Single-family dwellings (includes zero-lot line). Two-family dwellings and duplexes. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). Any other use deemed comparable in nature by the Development Services Director. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. Manager's residences and offices, temporary sales trailers, and model units. NOV 2 2000 3.4 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. Any other accessory use deemed comparable by the Development Services Director. DEVELOPMENT STANDARDS A,o Table I sets forth the Development standards for land uses within the Hibiscus Village PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 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. Carports are permitted within parking areas and garages are permitted at the edge of vehicular pavement. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (pe.r u. nit) Minimum Lot Width SINGLE-FAMILY 7,000 Sq. Ft. 60' Interior Lots (1) 70' Comer Lots Front Yard Setback 20' Side Yard Setback I Story 2 Story 3 Story Rear Yard Setback Principal Structure 20' Accessory Structure 10' PUD Boundary. Setback Principal Structure NA Accessory Structure NA Lake Setback (4) 20' ~Vetland Preserve Area Setback 25' Distance Between Structures Main/Principal 1-Story 2-Story 3-Story Accessory Structures Maximum Height Principal Building Accessory Building Minimum Floor Area 0' & 12' or both 6' 0' & 15' or both 7.5' NA 10' 15' NA 10' 35' with a maximum of 2 stories 20'/Clubhouse 35' 1200 Sq. Ft. (1) May be reduced on cul-de-sac lots. TWO-FAMILY 4,500 Sq. Ft. 80' Interior Lots (1) (40')(2) 100' Comer Lots (50')(2) 20' 0' & 12' or both 6' 0' & 15' or both 7.5' NA 20' 10' MULTI-FAMILY NA NA NA 15' Greater of 7.5' or 1/2 BH Greater of 10' or 1/2 BH Greater of 12.5' or 1/2 BH 20'(3) 10' NA NA 20' 25' Greater of 20' or BH 10' 20' 25' 10' 15' NA 10' 35' with a maximum of 2 stories 20'/Clubhouse 35' 1100 Sq. Ft. 15' 20' 20' 10' 45' with a maximum of stories 20'/Clubhouse 35' I bedroom = 600 Sq. Ft. 2 Bedroom ='750 Sq. Ft. 3 Bedroom = 900 Sq. Ft. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) All 3-story buildings shall also be set back a minimum of 150' from the Collier Boulevard right-of-way. (4) Lake setbacks are measured from the control elevation established for the lake. Note: "BH" refers to building height and "SBH" refers to the sum of the building heights. .Off-Street Parkin.q and Loadin.q Requirements: Parking regulations shall be as required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: 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 for any residential project. A minimum of 14.2 acres of natural habitat areas shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible. These natural habitat areas shall consist of at least 11 acres of native vegetation that is retained on-site as shown on the PUD Master Plan and up to 3.2 acres of native vegetation that is replanted elsewhere on-site, as described in Sections 3.9.5.5.3 of the Land Development Code. Landscapin.q and Bufferin.q Requirements: If landscape buffers are determined to be necessary adjacent to the wetland preserve areas, they shall be separate from those preserve areas. Landscaping and buffering shall be provided per Division 2.4. of the Collier County Land Development Code. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure 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 architecturally- designed shingles (such as Timberline). o All pole lighting, internal to the Project, shall be architecturally designed, limited to a height.of thirty (30) feet. !1_ AGENDA NOV 2 °o 2000 Si_clns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. 12 AGENDA ITEM 4.1 4.2 SECTION IV PRESERVE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan. 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 Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Current Planning Section Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species. 6. Any other use deemed comparable in nature by the Development Services Director. 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 or 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 Document. 5.3' PUD MASTER PLAN Exhibit "A," PUD Master Plan iljustrates 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. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 5.4 5.5 5.6 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 expected to be completed in a single phase. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for Development approval. 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, and Division 3.3., Site Development Plans. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD), a Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted to Collier County Development Services prior to final site development plan approval. Go An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. All road impact fees must be paid prior to removal of material from the site. AGEJ,~A ITF~ 5.7 5.8 5.9 UTILITIES 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. TRAFFIC The applicant shall be responsible for the installation of arterial level street lighting at any Project entrance onto Collier Boulevard (formerly C.R. 951). Said installation shall take place prior to the issuance of any Certificates of Occupancy or Compliance. 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. An additional twelve (12) feet of land, located north of the Project's entrance and along Collier Boulevard (C.R. 951), shall be dedicated to Collier County for Collier Boulevard right-of-way to compensate for a right- turn lane into the Project. This land shall be dedicated prior to any Certificates of Occupancy being issued and impact fee credits will not be considered for this dedication. The applicant shall dedicate up to an additional sixty-five (65) feet of land to Collier County, located adjacent to Collier Boulevard, for the future widening of Collier Boulevard. The Project shall receive impact fee credits for this dedication and the land shall be dedicated at the earlier of: construction plan approval or within ninety (90) days of being requested to do so in writing by Collier County. The dedication procedures shall be as described within Section 2.2.20.3.7 of the Land Development Code. PLANNING 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. ' Furthermore, the procedures of Section 2.2.25.8.1 of the Land Development Code shall be followed. !6 NOV 2 ~ 2000 5.10 ENVIRONMENTAL Ao Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 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. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. 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. Go Buffers shall be provided around any 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 the 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 the Current Planning Environmental Staff. Do An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. ]? ,NOV 2 ~ 2000 I 1,I,: ,~ . I .lh:,.I li : , :t:I :if :t :1 : / ~ ~1 li= L~m r---~-~ ~ ~e~==~l ~ ~ ~1 I ]~ ) CO~ BLVD (2 ~E ~T~ 2000 EXECUTIVE SUMMARY PETITION CU-2000-12 JAMES MCCORD, REPRESENTING AMERICAN DREAM BUILDERS, INC., REQUESTING A CONDITIONAL USE FOR A MODEL HOME IN THE "E" ESTATES ZONING DISTRICT FOR PROPERTY LOCATED AT 4050 13~m AVENUE S.W. IN. SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.0 ACRES. OBJECTIVE: To have the Board of County Commissioners render a decision on a conditional use application to permit a model home to continue operation on the subject property. CONSIDERATIONS: American Dream Builders, Inc., owns the subject property and model center located at the above address. The petitioner was issued a temporary permit for a model home in 1997, which has expired, and is now seeking a conditional use to continue the operation of the model home in compliance with Section 2.6.33.4.5 of the LDC. The subject property is approximately five acres and contains a single-story model home with a small parking area within the front one-quarter of the lot. The remainder of the property is mostly wooded. Access to the model home and parking area is from 13th Avenue S.W. Surrounding uses al~o include model homes and undeveloped properties zoned "E" Estates. If approved, the proposed model home will have little impact on neighboring properties. Summary The requested zoning action appears to be consistent with Policy 5.1 of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), which requires zoning actions be consistent with the GMP. The proposed conditional use is also compatible with surrounding development and should not impact any existing or future land use. FISCAL IMPACT: Because of the nature of the proposed conditional use, and because the existing facilities are adequately designed to accommodate the proposed use, there should be no additional fiscal impacts. Additional impact fees will not be assessed because no significant increase in traffic is estimated. GROWTH MANAGEMENT IMPACT: The proposed conditional use is consistent with the Growth Management Plan. Furthermore, the nature of the use and its related components are not incompatible with surrounding development. Future Land Use Element: The property lies within the Golden Gate Estates Mixed Use Residential area as designated on the Future Land Use Map to the Future Land Use Element (FLUE). This land use classification provides for residential !and uses and essential services, and other uses, but does not expressly allow model homes. The Land Development Code (LDC) establishes a procedure in Section 2.6.33.4.1 that requires approval of model bombs as a conditional use in the "E" district when a temporary use permit expires. To that extent this petition is consistent with the FLUE. Traffic Circulation Element: The proposed use will have negligible impact on roads and will not lower the level of service on any roadway segment within the project's radius of development influence. Staff estimates that the traffic generated will be approximately 20 to 90 trips per weekday. The estimated traffic will not exceed the significance test standard (five percent of LOS "C" design volume) on C.R. 951 or on any of the roads in the surrounding road network. Therefore, this petition is consistent with policies 5.1 and 5.2 of the Traffic Circulation Element. Other Applicable Elements: The proposed conditional use was reviewed by staff for consistency with other Elements of the GMP. There were no conflicts between the proposed conditional use and the policies of the Public Facilities, the Recreation and Open Space, and the Conservation and Coastal Management Elements of the GMP. ENVIRONMENTAL ISSUES: The subject petition has been reviewed by .the Community Development Environmental. 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: 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 or archeological 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 a historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 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 existing conditional use is compatible with existing and NOV 2 8 2000 future development as stated in Staff's Report to the Collier County Planning Commission on November 2, 2000. Staff recommends approval of CU-2000-12. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: This petition was administratively reviewed on behalf of the Environmental Advisory Committee (EAC) and Staff recommended approval based on the fact that the site is developed and the existing use will have little or no impact on the environment. PLANNING COMMISSION RECOMMENDATION: At the November 2, 2000 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously on a motion to forward CU-2000-12 with a recommendation of approval. There were no major issues and no objections from the public. ,ad?.,END A ITEM c NOV 2 2000 PREPARED BY: DONALD J.."MURRAY, AiCP PRINCIPAL PLANNER' DATE REy~EWED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBEI(T'J~ MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOHN;~. DUNNUCK, HI INTEI~IM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition CU-2000-12 James McCord for American Dream Builders, Inc. Tentatively scheduled for the November 28, 2000 BCC meeting. AGF..I'~A ITE~ NOV 2 6 2000 AGENDA ITEM 7-G Memorandum To: From: Date: Subject: COl .I JER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES OCTOBER 16, 2000 PETITION CU-2000-12 JAMES MCCORD OWNER/AGENT: Applicant/Owner: James McCord American Dream Builders, Inc. 6022 Radio Road Naples, Florida 34104 REQUESTED ACTION: The petitioner seeks a conditional use approval in order to continue the operation of a model home in accordance with the requirements of Section 2.6.33.4.3. and 2.6.33.4.5 of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located in the southwest quadrant of the intersection of Collier Blvd. (C.R. 951) and 13th Avenue S. W., which is the east 1/2 of Tract 119, Unit 26, Golden Gate Estates, in Section 15, Township 49 South, Range 26 East, Collier County, Florida (See iljustration on the following page). PURPOSE/DESCRIPTION OF PROJECT: American Dream Builders owns the subject property and model center located at the above address. The petitioner was issued a temporary permit for a model home in 1997, which has expired, and is now seeking a conditional use to continue the operation of the model home in compliance with Section 2.6.33.4.5 of the LDC. The subject property is approximately five acres and contains a single- NOV 2 B 2000 / U story model home with a small parking area within the front one-quarter of the lot. The remainder of the property is mostly wooded. Access to the model home and parking area is from 13th Avenue S.W. SURROUNDING LAND USE AND ZONING: Existing Conditions: Model home center, zoned "E" Estates. Surrounding: North - Florida Homes Model Center, zoned "E." South - Undeveloped, zoned "E." East - C.R. 951 right-of-way. Model home across C.R. 951, zoned "E." West - Undeveloped, zoned "E." GROWTH MANAGEMENT PLAN CONSISTENCY: This petition was reviewed by staff for compliance with the applicable elements of the Growth Management Plan (GMP). Consistency relationships with applicable elements of the Comprehensive Plan are as follows: Future Land Use Element: The property lies within the Golden Gate Estates Mixed Use Residential area as designated on the Future Land Use Map to the Future Land Use Element (FLUE). This land use classification provides for residential land uses and essential services, and other uses, but does not expressly allow model homes. The Land Development Code (LDC) establishes a procedure in Section 2.6.33.4.1 which requires approval of model homes as a conditional use in the "E" district when a temporary use permit expires. To that extent this petition is consistent with the FLUE. Traffic Circulation Element: The proposed use will have negligible impact on roads and will not lower the level of service on any roadway segment within the project's radius of development influence. Staff estimates that the traffic generated will be approximately 20 to 90 trips per weekday. The estimated traffic will not exceed the significance test standard (five percent of LOS "C" design volume) on C.R. 951 or on any of the roads in the surrounding road network. Therefore, this petition is consistent with policies 5.1 and 5.2 of the Traffic Circulation Element. Other Applicable Elements: The proposed conditional use was reviewed by staff for consistency with other Elements of the GMP. There were no conflicts between the proposed conditional use and the policies of the Public Facilities, the Recreation and Open Space, and the Conservation and Coastal Management Elements of the GMP. 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 or archeological 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 a historical or archaeological artifact is found, all development within the minimum area 2 2000 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTALl TRANSPORTATION 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 staff, engineering staff, and the Transportation Services Division staff. No significant environmental,-transportation, or infrastructure impacts were found by staff, nor were any Level of Service standards determined to be affected by this request; therefore, the conditional use request is consistent with the Growth Management Plan. Additionally, stipulations will be required for the approval of this conditional use which will help ensure that any impacts to the environment are minimized. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). 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. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either "pro" or "con" as the case may be, in the professional 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. a. Consistency with this code and Growth Management Plan. Pro: (i) The requested use is consistent with the applicable elements of the GMP and provisions of the LDC (see Growth Management Plan Consistency analysis in this report, above). (ii) Any potential impact may be mitigated by proper use and adherence to the requirements of the LDC and/or stipulations in the conditional use. (iii)The nature of the model home and its related components are not incompatible with surrounding development. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion (Findings): This petition is consistent with the FLUE to the Collier County GMP. The proposed use is also permitted as an approved conditional use when it is determined that the use is compatible with surrounding development, as required by the I.DC. 3 NOV 2 8 2000 be de The proposed use can meet all infrastructure, open space and environmental requirements of the LDC and the Elements of the GMP. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, tratT~c flow and control, and access in case of fire or catastrophe. Pro: Access to the site is from C.R. 951 via 13th Avenue S.W. Access appears to be adequate and the drivewa)/hag clear site distance to allow ingress and egress in a safe manner. Level of Service is adequate as determined by staff (see report). Con: None. Summary_ Conclusion (Findines): Access is adequate and safe and should pose no problems to visitors to the model center or traffic on the road network. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: The site is well buffered between other uses and should not produce any glare, noise or obnoxious odors. To date there has been no evidence of any negative impacts to surrounding properties nor any complaints from neighbors. Con: None. Summary_ Conclusion (Findings): In the opinion of staff, the proposed model home center will have limited, if any, negative effects on neighboring properties in relation to noise, glare, economic and odor effects, and it will be well buffered from nearby residential uses. Compatibility with adjacent properties and other property in the district. Pro: The proposed use is not incompatible with the surrounding neighborhood, which includes other model homes to the north and east and undeveloped properties to the south and west. The subject property is well buffered since approximately three- quarters of the property is undeveloped and partially wooded. Traffic and noise impacts will not be significant. The model home is similar to a single family residential structure and will be used for single family after expiration of the model use. Con: None. Summary_ Conclusion (Findings): The proposed use is deemed compatible with the neighboring properties, which are similar in use. The proposed use should not create any condition which would be deemed incompatible if required LDC standards and stipulations are met. 4 NOV 2 8 2000 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward CU-2000-12 to the Board of Zoning Appeals with a recommendation of approval subject to the conditions listed in the Resolution of Adoption. 5 NOV 2 $ 2~ PRE,~D BY: ~ DONAI.D J),M!~RAY, ~RIN~IP/AL CURRENT P~fANNING SECT~N R~V~W~O ~¥~ ^I P, PLANNING SERVICES DEPARTMENT PLANNER DATE DATE APPROVED BY: JOHN 1~. DUNNUCK, III INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for November 2, 2000 CCPC meeting. Note: This petition is tentatively scheduled for the November 28,'2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: .y GAR AN STAFF 6 NOV 2 8 2000 // APPLICATION FOR PUBLIC HEARING FOR: CU 00- 12a!~ Petition No.: Commission District: Date Petition Received: Planner Assigned: ,'~C)/,.2 ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address 6 0 2 2 City Naples American Dream Builders, Inc. Radio Rd. Smte Florida Zip 34104 Applicant's Telephone # Name of Agent Agent's Mailing Address city Agent's Telephone # 263-9494 F~# 263-0171 Firm State Zip Fax # COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PA( NOV 2 2000 1OF 15 Complete tile followin2 ibr all Association(s) a£filiated with this petition. (Provide additional sheets if neeessay,) Name of ttomeowner Association: Mailing .Address N/A State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeo~vner Association: Mailing Address Ciw State __ Zip__ Name of Master Association: Mailing Address S/A City State __ Zip o Name of Civic Association: Mailing Address N/A City State ~ Zip Disclosure of Interest Information: 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 N/A Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 AGENDA ITE~ NOV 2 8 2000 PAG 2 OF 15 If the property is owned bv a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office James McCord Percentage of Stock 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address N/A Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address N/A Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAGE 3 NOV 2 8 2000 If any contingency clause or contract terms involve additional individuals or officers, if a corporation, parmership, or trust. Name and Address N/a parties, list all o Date subject property acquired ( ) leased ( ): Term of lease If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date yr./mos. and date option ho 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. 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. Applicant shall submit four (4) copies of a recent smwey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 1 5 Township: 4 9 Range: 2 6 E 1/2 Lot: u 26 Block: ?R 119 Subdivision: Golden Gate Estates Plat Book 7 Page #: 1 5-1 6Property I.D.#: 37931 080007 Metes & Bounds Description: East 1/2 of Tract 119, Golden Gate Estates, Unit 26 Size of property_: _33D___fl. X · 330 ft. = Total Sq. Ft. 1 09:900 Acres Address/general location of subject property_: 4050 13th Avenue SW Naples, FL 34116 5 APPLIC31TION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PA( NOV 2 8 2000 E 4 (~{.!!/J Adjacent zoning and land use: Zoning N S Land use Florida Homes Model Center Vacant E' CR 951/ Model Home W Vacant 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).NO Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property i.D.#: Metes & Bounds Description: Type of Conditional Use: This applicatiop i.s requesting conditional use # the E district for crvVE OF USE) Model Home Section 2.6.334.1. of Present Use of the Property: Model Home APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual 'conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each n[ the criterion listed below. Specify how and why the request is consistent w~[ e,~cn./7 ~_~ (Attach additional pages as may be necessary). ' ~ NOV 2 8 2000 Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include inforotation on how the request is consistent with the applicable section or portions of the future land use element): This tract is suitable for models due to the fact that is a corner site located on CR 951 and 13'h Avenue SW. The property along CR 951 is not valuable as a residence due to the high-speed traffic. This property is best suited for light commercial/office use. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The existing means of egress and ingress is on 13~h Avenue SW, approximately 200 feet to the west of CR 951. There is a turn lane for northbound traffic to cross CR 951. Our Go model has not created any adverse traffic flow or control problems. We have not effected or changed any of the pedestrian flow around our model. Emergency vehicles can enter our property at any location along 13th Avenue SW. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: It will have no effect. do Describe the site's and proposed use's compatibility with adjacent properties and other properties in the district: Our model has been at this location for three years. There are now ten other model homes completed or under construction on CR 951. Our property is located 330 feet to the north of a commercially zoned property. The property to the north is model home center. The property to the west is vacant land. The property to the south is vacant land and connects to commercial property. The property to the east (across 951 and 39th Avenue SW) is a model home under construction. eo Please provide any additional information which you may feel is relevant to this request: American Dream Builders, Inc. has not adversely effected pedestrian safety, motorist safety, or property values for the three years we have been open. We do not have any current plans to change what we are doing or further improve the east half of Tract 119. We plan to have our model open at this location for at least ten more years or until demand requires us to build a model elsewhere. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAGE 6 OF 15 NOV 2 8 20O0 RESOLUTION NO. 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A MODEL HOME CONDITIONAL USE IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.6.33.4.1.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County 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 includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use pursuant to Subsection 2.6.33.4.1.3 of the Land Development Code in an "E" Estates Zone for a model home on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory' provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by James McCord, representing American Dream Builders, Inc., with respect to the property hereinafter described as: Tract 119, Golden Gate Estates, Unit 26, as recorded in Plat Book 7, Page 15, of the public records of Collier County, Florida. NOV 2 8 2000 be and the same is hereby approved for a conditional use pursuant to Subsection 2.6.33.4.1.3 of the Land Development Code in the "E" Estates Zoning District for a model home in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majorit3' vote. Done this __ day of ,2000. ATTEST: D~qGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA JAMES D. CARTER, PhD., CHAIRMAN Approved as to Form and Legal Sufficiency: Marjo(fie M. Student Assistant County Attorney g:/admin,~CU-2000-12/RESOLUTION/DM:lm -2- NOV 2 8 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-12 The following facts are found: Section ~.~,~4. ~ ~,$.,~.9----of the Land Development Code authorize~ 'th~ ~6nditi~nal ~se. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: no Consistency with the Land Development Code and Growth Management Plan: ~ Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress/~ egress Yes ~/z No Affects~hboring properties in relation to noise, glad/economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D ~ Compatibility with adjacent properties and other property in the district: Compatible use within/district Yes ~/ No ... Based on the above findings, th~or~i~ti~nal use should, with stipulations, (copy attached~!shoul~ be recommended for approval DATE: //-~-- ~d NOV 2 8 2000 LAND SURVEY OF The East Half ([],) of Tract 119, GOLDEN GATE ESTATES UNIT No. 26, as recorded in Plat Book 7, Pages 15 and 16, of the Public Records of Collier County, Florida. Subject .to easements, restrictions and reservations of record. STATE ROAD 858 EDG~ OF PVMT. ~ Z' GONG. CUR~ C£RTIF1ED TO: IB20. OO'(R % I~.19.76 ' {M ) ~ - ~50. O0'¢R 3 B29.94' (C) O°I9'~°'w ~i ' /' 76.1' m409~ 15th AVE. 5.~. CON~. FOUNDATION FINISHED FLOOR 6L6V. +1OZ.~Z TWE EAST OF T~AGT 50~19'10"W 550.00'(R I ;:329.94' CC) TIlE WVZ OF TRACT 119 / 120 SCALE: 1 ' = 40' I 9 Exhibit "B" ¥AUO ONLY wrrN D48oss~:, 103 r.c.,. - ,~m~ cowq~ok ~ B[ARINGS BASED ON: PLAT 11- 6-97J1197OO6 JCO6-SB BOUNOAR~/ASSUM. EL& ~ ' ' ~w~ E~AnONS ~ED ON: ASSUMED DATUM OMNI SURVEYS, INC. '~"~ ~-~ -~ .~ . -~ ~ ~-- ~b (941) 939-3666 - ~ ~o F~ (941) 939--7181 ~, ............... ~ot¢~ Uomen~e. P~ / NOV 2 8 2000 Conditions for Approval of Conditional Use CU-2000.12 (October 5, 2000) This conditional use approval shall expire five (5) years from its original date of adoption. Should the property owner wish to continue the approved use beyond five (5) years, the property owner shall reapply for another conditional use or comply with applicable land development regulations at the time of expiration of this conditional use. The Planning Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County land Development Code (Ordinance 91-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction activity a historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Landscape and irrigation plans shall be submitted for approval by County planning Services Staff, and shall be in accordance with applicable Land Development Code regulations in effect at the time of approval of this conditional use. Exhibit "C" NOV 2 8 2000 EXECUTIVE SUMMARY PETITION R-2000-3, STEVE MORGAN, MORGAN AND ASSOCIATES CONSULTING ENGINEERS, INC., REPRESENTING M.B. MORGAN AND R.E. SHAFFER, REQUESTING A REZONE FROM RT TO C-3 FOR PROPERTY LOCATED AT THE CORNER OF U.S. 41 AND BAREFOOT WILLIAMS ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.38 + ACRES. OBJECTIVE: To have the Board of County Commissioners approve a rezone of the subject parcel from "RT" Residential Tourist to "C-3" Intermediate Commercial in order to develop the property for retail use. CONSIDERATIONS: The 4.38 acre site is located in the southeast quadrant of the intersection of Tamiami Trail East (U.S. 41 East) and Barefoot Williams Road, approximately one mile west of County Road 951. The subject property is undeveloped and is zoned RT, Residential Tourist, which allows some limited retail uses. The subject property also abuts a C-3 strip shopping center to the west, a radio station to the east, and a recreation parcel serving residents of a recreational vehicle/mobile home park located to the south. The Eagle Lake Community Park is located across U.S. 41 to the north. The petitioner's application and concept plan shows a proposed 13,600 square-foot retail/professional office center and a proposed 5,000 square-foot convenience store with gasoline service and access via U.S. 41 and Barefoot Williams Road. The proposed uses are permitted uses within the C-3 zoning district. Staff believes that the rezoning is compatible with neighboring existing and future land uses and is consistent with the policies and objectives of the Growth Management Plan (GMP). The subject property also qualifies for commercial rezoning consideration under the criteria for the Office and Infill Commercial Subdistrict (OIC) of the Future Lard Use Element. The OIC is intended to allow low intensity office, commercial, or in-fill commercial development onsmall parcels within the Urban Mixed Use District. The OIC designation is permitted when a parcel fronts either an arterial or collector roadway, the depth of the parcel is the same or less than the depth of the abutting commercially zoned parcels, and residential development may not be compatible or appropriate at the specific location. The BCC must find that the OIC criteria is met for designation under this sub- district. Staff believes that the petition meets the criteria of the OIC, as discussed in Staff' Report to the Planning Commission (CCPC) on ???? and listed below. 1. The site abuts a collector or an arterial. ~A / 7 D NOV 2 8 2000 2. The site is less than 12 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 OIC 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. 7. The proposed uses are lower intensity office and commercial uses or uses permitted in the highest intensity abutting commercial zoning district, which in this case is C-3 Convenience Commercial. The proposed retail, office, and convenience store with gasoline sales are permitted uses in the C-3 zoning district. The proposed zoning action also complies with the following criteria if the Board of County Commissioners makes the following interpretation: The depth of the proposed site does not exceed the depth of the abutting commercial parcels. The subject property exceeds the depth of the C-3 zoned property located to the west and is less than the depth of the C-3 zoned property located to the east. The subject property is only 250 feet in depth, while the parcel to the west is 200 feet in depth and the parcel to the east is 400 feet in depth. If the Board of County Commissioners agrees with Staff's interpretation that the property's depth meets or is less than the average depth of the abutting commercial lots, then this petition meets the intent of this criterion. It is staff's opinion that the subject parcel should be considered as meeting the OIC criteria since the abutting parcels are of varying sizes, both larger and smaller, than the subject parcel. Also, similar determinations have been made in the past (e.g., Vincentian PUD). Summary: Staff is of the opinion that a rezoning of the subject property to C-3 Intermediate Commercial zoning is compatible with its surrounding environs and other commercial development located nearby. The C-3 Intermediate District does allow a range of commercial uses which may cause additional traffic at the intersection, but most of the projected traffic will be passerby traffic and some traffic from residents of the neighborhoods located along Barefoot Williams Road. The location of the proposed commercial uses will be convenient for the residents of the nearby neighborhoods but will not cause any significant traffic impacts. Access design and other site related issues must be addressed through the Site Development Plan review process prior to final approvals of any proposed commercial uses. Furthermore, the existing RT Zoning District allows some commercial uses in conjunction with motel/hotel uses, which are permitted in the RT District. This site under the existing RT zoning could qualify for up to 26 units per acre if used for a hotel or motel, and the traffic impacts that could result at this location from a hotel use could be greater than the commercial uses proposed with this petition. NOV 2 O 2000 Pros/Cons: Pros (1) This petition is consistent with the 1ocational criteria for OIC and the Future Land Use Element (FLUE) of the GMP. (2) It is consistent with other applicable elements of the GMP. (3) Potential traffic iml~act~ at the intersection of U.S. 41 and Barefoot Williams Road could be greater if developed under the RT District. (4) Good site design can help alleviate potential conflicts, such as providing turn lanes at ingress and egress points (see proposed concept plan). (5) The proposed uses would serve as convenience shopping for nearby residents. Coils (1) Any increase in density or intensity may be perceived as negative by existing residents. (2) Traffic at the intersection from any new development at this location will create some inconveniences for residents whether this petition is approved or not. FISCAL IMPACT: This petition by itself will cause no fiscal impact to 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 the proposed nonresidential project, and includes road impact fee calculations for a convenience store with gas and food and a specialty retail center: · 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 $13,182 per 1,000 square foot of cony/gas/food bldg $6,110 per 1,000 SF specialty retail $0.005 per square foot of building $132.00 per 1,000 square foot of building $0.005 per square foot of building $2.00 per permit $1.4664 per square foot of building NOV 2 8 2000 Since this project proposes 13,600 square feet of specialty retail space and 5,000 square feet of convenience/gas/food space the total amount of non-residential impact fees collected at build-out will total about $159, 730.00. 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 I~uilding 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 valorurn 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 rezoning is consistent with the Growth Management Plan and the Office and Infill Commercial Subdistrict Criteria (OIC) as discussed in this report. The proposed use, for which this zoning action is intended, is also considered compatible with existing and potential commercial development located nearby. Future Land Use Element: The site is located within the Urban Mixed-Use and Urban Residential Subdistrict as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This designation allows for residential and certain community facilities and commercial uses. The subject property also qualifies for commercial rezoning consideration under the criteria for the Office and Infill Commercial Subdistrict (OIC) of the Future Land Use Element. The OIC is intended to allow low intensity office, commercial, or in-fill commercial development on small parcels within the Urban Mixed Use District. The OIC designation is permitted when a parcel fronts either an arterial or collector roadway, the depth of the parcel is the same or less than the depth of the abutting commercially zoned parcels, and residential development may not be compatible or appropriate at the specific location. Furthermore, properties to the east and west are commercial and this proposed rezoning will allow no use with dissimilar intensity and purpose than what is allowed within neighboring C-3 Zoning Districts. AGE.I~A ITEM ,, NOV 2 8 2000 Transportation Element: Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made a determination that the proposed development will generate approximately 2,005 trips per weekday (AWT). Considering the data, the site generated traffic will not exceed the significance test standard (five percent of the LOS "C" design volume) on any County road within the project's radius of development influence (RDI). Nor will the projected trips lower the level of service below the LOS "D" standard for this road segment of U.S. 41. The proposed use will likely provide a convenience for residents who live nearby, although most automobile traffic will likely be from passerby traffic along the east bound traffic lane of U.S. 41. Based on this analysis, this project is deemed consistent with Policies 1.3 and 1.4 of the Traffic Circulation Element. Other Applicable Elements: Staff's review indicates that this petition accounts for all of the necessary relationships dictated by the GMP. 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 approval of a Final Site Development Plan or building permit applicable to the proposed development. It is Staff's opinion that the proposed zoning action is consistent with the GMP, and, therefore, the Future Land Use Element (FLUE) Policy 5.1, which requires that all zoning actions be consistent with the GMP. ENVIRONMENTAL ISSUES: The subject petition has been reviewed by the Community Development & Environmental Services Staff. No significant environmental impacts were found by staff, nor were any Level of Service standards determined to be affected by this request; therefore, the requested zoning action is consistent with the Growth Management Plan. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis 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: 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 rezoning is compatible with existing and future development as stated in Staff's Report to the Collier County Planning Commission on October 19, 2000. Staff recommends approval of Petition R-2000-3. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: NOV 2 B 2000 This petition was administratively reviewed on behalf of the Environmental Advisory Committee (EAC) and Staff recommended approval based on the fact that the site is cleared and the proposed use will have little or no impact on the environment. PLANNING COMMISSION RECOMMENDATION: At the October 19, 2000 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously to recommend approval of Petition R-2000-3 to the Board of County Commissioners. NOV 2 B 2000 PREPARED BY: DONALD/J. MURRAY.:)kICP PRINCIP,~L PLANNER/ DATE REVIEWED BY: , RbNALD'~3~ NINO, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: .La,L~)t.c~ INTERIM ADM~ISTRATOR COMM~Y DEV. AND ENV~ONMENTAL SVCS DATE Petition R-2000-3 Morgan rezone. Tentatively scheduled for the November 28, 2000 BCC meeting. NOV 2 8 2000 MEMORANDUM AGENDA ITEM 7-J TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 14, 2000 PETITION NO: R-2000-03 MORGAN APPLICANT/AGENT: Applicant: Milford B. Morgan and Robert E. Shaffer 7620 San Sebastian Way Naples, FL 34109 Agent: Steve Morgan Morgan and Associates Consulting Engineers, Inc. 712 Palmetto Avenue Melbourne, FL 32901 REQUESTED ACTION: To rezone the subject property from "RT," Residential Tourist, to "C-3," General Commercial, in order to develop the subject property for retail use. GEOGRAPHIC LOCATION: The 4.38 acre site is located in the southeast quadrant of the intersection of Tamiami Trail East (U.S. 41 East) and Barefoot Williams Road, approximately one mile west of County Road 951, in Section 33, Township 50 South, Range 26 East (see location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of this requested zoning action is to permit the development of the property for intermediate retail use such as allowed in the C-3 zoning district. The petitioner's application and concept plan shows a proposed 13,600 square-foot retail/professional office center and a proposed 5,000 square-foot convenience store with gasoline service and access via U.S. 41 and Barefoot Williams Road. The proposed uses are permitted uses within the C-3 zoning district. 1 NOV 2 7o 2000 SURROUNDING LAND USE AND ZONING: Existing: The subject 4.38 acre property is currently an undeveloped parcel that is zoned RT, Residential Tourist. The property abuts a C-3 strip shopping center, a radio station, and a recreational vehicle/mobile home park. Surrounding: North: South: East: West: The property to the north, across U.S. 41, is zoned P, Public Park, and is the site of the Eagle Lake Cormnunity Park. Two abutting properties to the south are zoned MH, Mobile Home, and contain a mobile home park and a recreational vehicle park (Hitching Post). The 2.5+ acre lot abutting the subject property on its south side is a recreational facility that is part of the RV park. The property to the east is zoned C-3. The WAVV radio station abuts the east side of the property. The rest of the properties extending to the east and fronting along the south side of U.S. 41 are vacant cornrnercial properties. The property to the west is zoned C-3 and contains a strip cornrnercial plaza (Hitching Post Plaza). GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The site is located within the Urban Mixed-Use and Urban Residential Subdistrict as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This designation allows for residential and certain community facilities and commercial uses. The subject property also qualifies for commercial rezoning consideration under the criteria for the Office and Infill Commercial Subdistrict (OIC) of the Future Land Use Element. The OIC is intended to allow low intensity office, commercial, or in-fill commercial development on small parcels within the Urban Mixed Use District. The OIC designation is permitted when a parcel fronts either an arterial or collector roadway, the depth of the parcel is the same or less than the depth of the abutting commercially zoned parcels, and residential development may not be compatible or appropriate at the specific location. The OIC criteria must be met for designation under this sub-district. Staff believes that the petition meets the following criteria of the OIC: 1. The Site abuts a collector or an arterial. 2. The site is less than 12 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 OIC 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. 7. The proposed uses are lower intensity office and cornrnercial uses or uses permitted in the highest intensity abutting cornrnercial zoning district, which in this case is C-3 2 NOV 2 8 2000 Convenience Commercial. The proposed retail, office, and convenience store with gasoline sales are permitted uses in the C-3 zoning district. The proposed zoning action also complies with the following criteria if the Board of County Commissioners makes the following interpretation: The depth of the proposed site does not exceed the depth of the abutting commercial parcels. The subject property exceeds the depth of the C-3 zoned property located to the west and is less than the depth of the C-3 zoned property located to the east. The subject property is only 250 feet in depth, while the parcel to the west is 200 feet in depth and the parcel to the east is 400 feet in depth. If the Board of County Commissioners agrees with StafFs interpretation that the property's depth meets or is less than the average depth of the abutting commercial lots, then this petition meets the intent of this criterion. It is staff's opinion that the subject parcel should be considered as meeting the OIC criteria since the abutting parcels are of varying sizes, both larger and smaller, than the subject parcel. Also, the Board of County Commissioners should be made aware that similar determinations have been made in the past (e.g., VincentJan PUD). Transportation Element: Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made a determination that the proposed development will generate approximately 2,005 trips per weekday (AWT). Considering the data, the site generated traffic will not exceed the significance test standard (five percent of the LOS "C" design volume) on any County road within the project's radius of development influence (RDI). Nor will the projected trips lower the level of service below the LOS "D" standard for this road 'segment of U.S. 41. Therefore, this project is deemed consistent with Policies 1.3 and 1.4 of the Traffic Circulation Element. Other Applicable Elements: Staff's review indicates that this petition accounts for all of the necessary relationships dictated by the GMP. 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 approval of a Final Site Development Plan or building permit applicable to the proposed development. It is Staff's opinion that the proposed zoning action is consistent with the GMP, and, therefore, the Future Land Use Element (FLUE) Policy 5.1, which requires that all zoning actions be consistent with the GMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historical/archaeological survey and assessment are 3 NOV 2 8 2000 required. However, the applicant/owner 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 historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The §ubject petition has been reviewed by the appropriate Staff responsible for oversight related to the above referenced areas of environmental concern. This primarily includes a review by the Community Development Environmental Specialists and Engineering Staff, and the Transportation Services Division Staff. This petition was administratively reviewed on behalf of the Environmental Advisory Committee (EAC) and Staff recommended approval based on the fact that the site is small and cleared. Furthermore, Staff determined that there would be little impact to transportation (see Analysis), and that the proposed access drives should be adequate and would be reviewed during the Site Development Plan review process. ANALYSIS: An appropriate evaluation of petitions for rezoning should establish a factual basis for decision making by appointed and elected decision makers. The evaluation by professional Staff should typically include an analysis of the proposed zoning action's relationship to the community's future land use plan, and whether or not such action would be consistent with all of the related elements of the Collier County Growth Management Plan. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. This is usually a consideration during the analysis of 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 authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or 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 {o provide an objective and comprehensive overview of the impacts of the proposed land use change, whether positive or negative, culminating in a Staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5. of the Land Development Code and requires Staff evaluation and comment. These criteria 4 AGE~A ITEM NOV 2 8 2000 form the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners, who may modify that approval. Staff's findings to support a rezoning action are 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 Land Development Code provides for zoning district(s) within the Urban Mixed-Use and Urban Residential Subdistrict as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP), and as permitted within an Office and Infill Commercial Subdistrict (OIC) as identified using specific criteria stated in the Future Land Use Element. The OIC district allows for low intensity office, commercial, or in-fill commercial development as found in abutting commercial zoning districts. In the opinion of Staff, an action to rezone the property to C-3, Commercial Intermediate District, meets the OIC criteria and the criteria for serving the community at large. The proposed use, for which this zoning action is intended, is also considered compatible with existing and potential commercial development located nearby. The proposed use will likely provide a convenience for residents who live nearby, although most automobile traffic will likely be from passerby traffic along the east bound traffic lane of U.S. 41. Furthermore, properties to the east and west are commercial and this proposed rezoning will allow no use with dissimilar intensity and purpose than what is allowed within neighboring C-3 Zoning Districts. While showing that a petition is consistent with the GMP is an important consideration in order to justify a zoning action, other factors are equally important and include the following: Compatibility - Staff is of the opinion that a rezoning of the subject property to C-3, Commercial Intermediate District, will be compatible with surrounding environs. Abutting properties to the east and west, along the south side of U.S. 41, are zoned C-3, and existing compatible commercial uses are located in a strip shopping center to the west. The relationship of the proposed use to existing and potential development give weight to the petitioner's contention that the subject parcel should be zoned C-3, and is, therefore, compatible with nearby development. Furthermore, the intent of the C-3, Commercial Intermediate District, is to permit residential compatible commercial uses as is already found in the surrounding developed parcels. This property is the last remaining parcel that is undeveloped at this intersection and is considered an infill commercial parcel; therefore, a proposed neighborhood convenience/retail use is a logical use for the property. 5 NOV 2 8 2000 Traffic - Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made a determination that the proposed development will generate approximately 2,005 trips per weekday (AWT). Most of those trips will be passerby traffic from the eastbound lane of U.S. 41, and which will continue to travel eastbound after leaving the proposed retail center. Some traffic may be generated from the residential neighborhoods from the south but likely no more traffic than can be expected with typical daily trips made by residents travelling to other area stores. Considering the potential traffic impacts and the location and the type of proposed development, the site generated traffic should not create excessive traffic through the residential neighborhoods located to the south. Furthermore, if the subject property is designed properly during the Site Development Plan review process, the proposed uses could serve the neighborhood located to the south by providing shopping with pedestrian access and sidewalks. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition R- 2000-03 to the Board of County Commissioners with a recommendation of approval having the effect of rezoning certain lands from "RT," Residential Tourist, to "C-3", Commercial Intermediate. 6 NOV 2 8 2000 PREPARED BY: DON~&,D J. ~Y, AICt~ / PRINCIPAL PLANNER' ~ REV~WED BY: RONALD F. NIN0, AICP CURRENT PLANNING MANAGER DATE DATE PLANNING SERVICES DEPARTMENT DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition R-2000-03, Morgan Rezoning Staff Report for October 19, 2000 CCPC Meeting. NOTE: This Petition has been tentatively scheduled for the November 28, 2000 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: ..... '~~RSON 7 NOV 2 8 2000 pg.__/j__O/ REZONE FINDINGS FOR PETITION R-2000-03 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: Whether the proposed change will be consistent with the goals, objectives, policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: 1. Objective 5 and Policies 5.1 and 5.4 of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) are met and the requested rezoning is considered consistent with the GMP and compatible with surrounding land uses. 2. The proposed zoning action is considered an infill parcel, which is permitted to be rezoned for intermediate commercial uses. Con: Some automobile traffic, although likely limited to U.S. 41, may be perceived as an inconvenience and a nuisance to nearby residents. Summary_ Findines: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan and all other elements, objectives and policies. The proposed use, for which this zoning action is intended, is considered compatible with existing and potential commercial development nearby. The proposed use will likely provide a convenience for residents who live nearby, although most automobile traffic will likely be from passerby traffic along the east bound traffic lane of U.S. 41. 2. The existing !and use pattern. Existing: The subject 4.38 acre property is currently an undeveloped parcel that is zoned RT, Residential Tourist. Access to the property is via U.S. 41 and Barefoot Williams Road. Surrounding: North: The property to the north, across U.S. 41, is zoned P, Public Park, and is the site of the Eagle Lake Community Park. Exhibit "A" 1 South: East: West: Two abutting properties to the south are zoned MH, Mobile Home, and contain a mobile home park and a recreational vehicle park (Hitching Post). The 2.5+ acre lot abutting the subject property on its south side is a recreational facility that is part of the RV park. The property to the east is zoned C~3. The WAVV radio station abuts the east side of the property. The rest of the properties extending to the east and fronting along the south side of U.S. 41 are vacant commercial properties. The property to the west is zoned C-3 and contains a strip commercial plaza (Hitching Post Plaza). Pro: 1. The proposed rezoning and subsequent use of the subject property for intermediate commercial uses is compatible with the surrounding properties and existing land use pattern of this area. 2. The proposed use will likely provide a convenience for residents who live nearby. Con: None. A more intense pattern has already been established for this segment of U.S. 41. Summary Findings: The proposed rezoning and subsequent use of the property for C-3 intermediate zoning uses is compatible with the surrounding development pattern of the area. Furthermore, the proposed use will likely provide a convenience for residents who live nearby. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed C-3 zoning is not unrelated and isolated. The subject property is an infill parcel surrounded on the east and west sides by other C-3 uses and zoning. Con: Approval of this petition may be perceived as allowing more intense uses at this location. Summar~ Findings: The parcel is in a location such that it will not result in an isolated zoning district unrelated to adjacent and nearby districts. Properties to the east and west are commercial and this proposed rezoning will allow no use with dissimilar intensity and purpose than what is allowed within neighboring C-3 Zoning Districts. 2 NOV 2 8 2000 e e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn and they are consistent with the GMP and with existing development. The subject property is considered to be an infill parcel which qualifies it to be rezoned for commercial USe. 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 and because its relationship to the FLUE (Future Land Use Element) of the GMP remains consistent. The proposed rezoning will also allow a greater use of the property given demand in this area for the proposed types of uses. It is also unlikely that an RT use will develop at this location on such a small parcel Con: Evaluation not applicable Summary Findings: The proposed zoning change is appropriate based on the existing conditions of the property .and because its relationship to the FLUE (Future Land Use Element) of the GMP presently remains consistent. Furthermore, commercial parcels on both the east and west sides have developed with C-3 uses, and it is logical to assume that this parcel is commercial infill, and it is unlikely that it will develop with residential or RT uses. Whether the proposed change ~vill adversely influence living conditions in the neighborhood; Pro: 1. The proposed rezoning and subsequent use will not affect living conditions in nearby neighborhoods any more than the existing surrounding development and potential development. 2. The proposed use will likely provide a convenience for residents ,who live nearby Con: 1. Some people may perceive that any form of non-residential development will be offensive and will adversely affect their neighborhood. 2. Although most automobile traffic will likely be from passerby traffic along the east bound traffic lane of U.S. 41, some residents on Barefoot Williams ~oaa AC, F.~^ t~ NOV 2 8 2000 will likely perceive this as an inconvenience and an impact to their residential and recreational activities. Summary. Findings: The proposed change will not adversely influence living conditions in the neighborhood because the change is consistent with the goals and objectives of the GMP, and because the proposed intensity of use will not increase future impact potential to the residential development to the south of the subject property. Some residents may perceive the proposed use as a convenience to them and will appreciate having the ability to walk or ride bicycles to the stores. Other residents may perceive the traffic generated to be an inconvenience when trying to turn onto U.S. 41. Regardless, the intended C-3 uses should cause little or no impact to the residents to the south. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic incompatible with surrounding !and 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 of the Traffic Circulation Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. Construction traffic should be no worse than that normally allowed under the existing zoning. A turn lane is needed and is proposed for the proposed development which should help to prevent traffic conflicts and minimize traffic impedance at this location. Most traffic will be captured from passerby traffic on U.S. 41, but the proposed design of the intended use should help mitigate potential traffic along Barefoot Williams Road (see concept plan). Con: None applicable. Summary. Findines: 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. Traffic should not be more intense than if a hotel or motel was built at this location, which is allowed under the existing RT zoning. Most customers using the proposed retail center will likely leave the site via U.S. 41, thereby minimizing any potential traffic impacts to residential neighborhood to the south along Barefoot Williams Road. Whether the proposed change will create a drainage problem: Pro/Con: Evaluation not applicable. SummaD' Findings: Every project approved in Collier County involving utilization of land for some land use activity is scrutinized and required to 4 NOV 2 B 2000 o 10. 11. mitigate all surface drainage generated by developmental activities as a condition of approval. This project will be reviewed for drainage relationships upon submittal of development plans to the County. Any development 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. Whether the proposed change will seriously reduce light and air to adjacent areas: Pro/Con: Evaluation not applicable. Summary_ Findines: All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. These development standards and others apply generally and equally to all zoning districts (i.e., open space requirement and corridor management provisions) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The design of the proposed development should not reduce light and air to any nearby development. Whether the proposed change will adversely affect property values in the adjacent area: Pro/Con: Evaluation not applicable. Summary Findings: 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 may or 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 may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro: The proposed zoning action and intended use will likely help to spur development of vacant parcels located further to the east along U.S. 41, but denying this petition will not stop development of those parcels. Con: Evaluation not applicable. 5 12. Summary 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 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. Furthermore, surrounding properties which are developed appear to be in good condition. This pro)ect, along with recent developments nearby, such as the community park, should help to provide a positive development image for the neighborhood and should help to spur future development of vacant properties along U.S. 41. 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 Findings: 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 Finding: 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 infill site as made possible by its consistency relationship with the Future Land Use Element of the Comprehensive Plan and changing market conditions. If this petition for rezoning is not approved, it is possible that reasonable development of the subject property may not occur in the near future. 14. Whether the change requested is out of scale with the needs of the neighborhood or the County: Pro: The proposed zoning action and intended use are not out of scale with the surrounding development and neighborhoods. Con: Evaluation not applicable. 6 2000 15. 16. 17. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement that has been used to evaluate the scale, density and intensity of land uses deemed to be acceptable for this site. Impacts should be decreased and commercial scale will likely be adjusted to a neighborhood scale. 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. Summary Findines: The County has a limited number of sites within this area that have the potential to be zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. Determining whether or not the proposed zoning action is appropriate at this site is based on an evaluation of its consistency with all elements of the GMP, compatibility with surrounding development, adequacy of infrastructure, and to some extent the timing of the action. The physical characteristics of the property and the degree of site alteration that 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. Summary Findings: The site is currently undeveloped but cleared. The normal disruption of property attendant to the development phase is to be expected but poses no problems. 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. Summary Findings: Public facilities are available, including water and sewer, and their Level of Service is commensurate with Adequate Public Facilities standards 7 APPLICATION FOR PUBLIC HE~G FOR: 00-03 , Petition No.: Date Commission Dis~ct: PI~er ~si~ed: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s? ~..B. Applicant's Mailing Address City M~'~:~qn.~_ State ~,.o~,..,~a, Zip Applicant's Telephone # (..~z0 nz~- o~ F~ ~/~a~j ~ - Agent's M~l~g Ad~ess ~i~ ~~o Ci~ M~ou~ Sine ~,o~ Zip Agent's Telephone # COLLIER COUNTY COMg4'UN1TY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD R£ZONE - 5/98 PAGE I OF 1!~ NOV 2 8 2000 Disclosure of Interes, Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the ~ntirety, tenancy in common, or joint tenancy, list all parties with an ownership inter~ as well as the percentage of such intexest. (Use additional sheets if necessary). Name and Addr~s Percentage of Ownc-rship If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. I,,,t]ca, Name and Address, and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the mist with the percentage of interest. ~,4 It'- Name and Address Percentage of'Interest APPLICATION FO~! PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 2 OF I: NOV 2 8 2000 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 If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. ~.1 II~ Date of Contract: Name and Address Percentage of Ownership If any contingency clause or contract terms involve additional individuals or officers, ifa corporation, parmership, or trust. M[~ Name and Address parties, list all g. Date subject property, acquired[~leasedF-I I'q/~ Termof lease . yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 3 OF 15 and date option ho 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 fiaal public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 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. Applicant shall submit four (4) eopi .es of a recent survey (completed within the last six months, maximum l" to 400' scale) ffrequired to do so at the pre-applieation meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineers certification or sealed survey may be required. Section: 3'~ Township: 5c~ ~' Range: ~ t~ ~_- Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Size of propertly: fL X Address/general location of sub_iect property_: Adjacent zoning and !and use: Zoning Land use Total Sq. Ft. tq~,,lq Z.8 Acres ~t. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/9? PAGE 4 OF Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description inadequate, attach on separate page). Section: ~ Township: .~'0 $' Lot: Block: Plat Book Page #:__ Metes & Bounds Description: of entire contiguous property. Range: Subdivision: Property I.D.#: ~.~. ~.,r'~ ~.~ ~-~ (If space is Rezone Request: This application is requesting a rezone fi'om the zoning district (s) to the e...- ~i zoning district(s). Present Use of the Property: Proposed Use (or range of uses) of the property: '~2~_.T~. ~,.. o Evaluation Criteria: Pursuant to Section 2.7.2.5. 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 County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and docmnentation in support of the request. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - S/98 PAGE 5 OF 1~ ?C/';~-' 0 gum: ~ Standard Rezone Considerations FLDC Section 2. 7.2.5.) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether e. risting distm'ct 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 (?ezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 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. I 1. 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. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. , PAGE 6 NOV 2 8 2000 10. 14. }P'hether the change suggested is out of scale with the needs of the neighborhood or the county. 15. lg~hether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristias 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 ?ublic Facilities Ordinance [Code ch. ! 06, art. IJ], 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. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land u~e 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? r,l o 11. 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; If this rezone is being requested for a specific use, provide fi~een (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the. plan may be requested upon completion of staff evaluation for advisory boards such as the Environmental distribution to the Board and various Advisory Board CEAB), or CCPC]; APPLICATION FOR PUBLIC HEARING FOR STANDARD IREZObtE - 5/98 · 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 mat~'ix 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. 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 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 location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if propeaty is located within an area of historical or archaeological probability (as identified at pre- application meeting); 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. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - ~8/98 PAGE 8OF15~ 2000 TRAFFIC IMPACT 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: ~ 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 often acres or less. ,I~.z~LQ_,R_TI$.' Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: A.rmual Average Daily Traffic (at buffaloOUt) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) Trip Assignment: Within Radius of Development Influence CR.DI') Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). Any proposed improvements (to the site or the external fight-of-way) such as providing or eliminating an ingress/egress point, or providing tam or decel lanes or other improvements. Describe any proposal to mitigate the negative impacts on the uansportat/on system For Rezones Only: State how ~ request is consistent with the applicable policies of the Traffic Circulahon Element(TCE) of the Growth Management Plan (GMP), mclud/ag policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shah address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 3. 4. 5. 6. Intersection Analysis Background Traffic Future Traffic Through Traffic Planned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 .. PAGE 90~ 15 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: e Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (R.DI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers CITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assi~ment 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. Existing 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 RDI. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Colher County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDD: 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 assi,gnments from the proposed project on the major thorough.fares exceeds one percent of the LOS "C". Residenhal 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 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 proposed project rather than a geometric radius. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - road miles from the PAGE 10OF I; NOV 2 8 2000 o 10. 11. 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 CV'PH). Background 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. Ellllg_t_T. rlff~ 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. Through 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. Planned/Proposed Roadway Impr0v,men~: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Pro!ect Phasing: 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 RV~/RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STAINDARD REZONE - 5/98 PAGE 11 NOV 2 8 2000 15 Pg.. ,~ STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REOUEST 1. NAME OF APPLICANT: <~'r'~..o~_ 2. MAII,ING ADDRESS: '7 ['~- ~°la,,- ,,-,~.w-.~ CITY k4~_..~_t'0 o o~-,~,. STATE ~,~,~,~ ZIP 37.,'~ I 3. ADDRESS OF SUBJECT PROPERTY ('[F AVAII,ABLE): LEGAL DESCRIPTION: Section: ~3 Township: $'c~ ~' Lot: Block: Subdivision: Plat Book Page #: Metes & Bounds Description: Property I.D.#: ~,~, ~,rr --,.,-~r2 o TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check app~c~ble system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM [] c. FRANCHISED u'rILITY SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) ~.~k~ ~/t..~ p g:s~'.~._~ ~-.~ .-~, ea ~. ~-.'r, ,~ ,.~ ~. APPLICATION FOR PUBLIC HEARING FOR STANDARD R£ZONE - S~8 e o 10. 11. 12. TOTAL POPULATION TO BE SERVED: "U' fb o PEAK AND AVERAGE DAII.y DEMANDS: A. WATER-PEAK -r'fbo AVERAGE DAILY B. SEWER-PEAK "7'fb o AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: M, ]{a,. . NARRAT/VE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage lzeatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. Ifpercolation ponds are to be used, then percolation data and soil involved shall be provided fi'om tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility serv/ce 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. STATEMENT OF AVAILABILITY CAPACITY FROM OTltER 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. Utilit~ Provision Statement RIM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZO~E - 5/98 AC.,F. NOA I'rE~ NOV 2 8 2000 PAGE 13 0,~ 15 pg...~ STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQU~ D REQUIRED 1. Completed Application 15 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 15 5. Conceptual Site Plans 15 6. EnvironmentalImpactStatement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified)4 8. Completed Utility Provisions Statement (with required4 ,,~ attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State andYor Federal Permits 4 12. Architectural Rendering of Proposed Structure(s)4 'f~\% ~ ~ ,~'"'~' 13. Application Fee, Check shall be made payable to' Collier County Board of Commissioners 14. 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 submittal package. I understand that failure to include all necessary submittal information may resultZ~ess this petition. Agent/Applicant Signature Date PAGE 1~, OF 15 Aerial Phot_qraph NTS ~R oo- o ;~ N Morgan & ssociates Consulting Engineers, Inc. NOV 2 8 2000 ?~--'--~? ' LEGAL DESCRIPTION COMMENCE AT THE WEST QUARTER OF SAID SECTION 33, PROCEED NORTHERLY ALONG THE SECTION LINE BETWEEN SAID SECTION 33 AND 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, NORTH 2 DEGREES 49 MINUTES 48 SECONDS EAST, 884.91 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF U.S. 41; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE, 44.24 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3,210.55 FEET, A CENTRAL ANGLE OF 0 DEGREES 47 MINUTES 22 SECONDS, AND A CHORD DISTANCE OF 44.23 FEET, BEARING SOUTH 54 DEGREES I MINUTE 20 SECONDS EAST TO A POINT OF TAGENCY. THENCE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST, ALONG SAID RIGHT OF WAY LINE 1124.37 FEET TO TIdE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST, 600.00 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 35 DEGREES 34 MINUTES 59 SECONDS WEST, 321.16 FEET; THENCE NORTH 54 DEGREES 25 MINUTES 1 SECOND WEST, 541.69 FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE OF BAREFOOT WILLIAMS ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE 132.69 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 18 SECONDS, AND A CHORD DISTANCE OF 127.78 FEET BEARING 8 DEGREES 25 MINUTES 50 SECONDS EAST TO A POINT OF TANGENCY; THENCE NORTH 35 DEGREES 34 MINUTES 59 SECONDS EAST , 207.46 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.38 ACRES, MORE OR LESS. 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, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0633N BY CHANGING THE ZONING CLASSfFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT THE SOUTH CORNER OF U.S. 41 AND BAREFOOT WILLIAMS ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "RT" RESIDENTIAL TOURIST TO "C-3" COMMERCIAL INTERMEDIATE; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Steve Morgan, representing M. B. Morgan and R. E. Shaffer, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINIED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION oNrE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 33, Township 50 South, Range 26 East, Collier County, Florida, is changed from "RT" Residential Tourist to "C-3" Commercial Intermediate and the Official Zoning Atlas Map Numbered 0633N, 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. 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: DWIGHT E. BROCK, CLERK BY: · Jarls D. Carter, Ph.D., Chairman APPROVED AS TO FORM ANq3 LEGAL SUFFICIENCY 'MaUori~ M. Student Assistant County Attorney g'admln R-00-03 DM im AGEN~ ~A,J/3'E ~ NOV 2 8 7000 5l:0 _ LEGAL DESCRIPTION COMMENCE AT THE WEST QUARTER OF SAID SECTION 33, PROCEED NORTHERLY ALONG THE SECTION LI2q'E BETWEEN SAID SECTION 33 AND 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, NORTH 2 DEGREES 49 MINUTES 48 SECONDS EAST, 884.91 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF U.S. 41; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE, 44.24 FEET ALONG THE ARC OF A CURVE CONCAVE TO TI-IE NORTHEAST HAVING A RADIUS OF 3,210.55 FEET, A CENTRAL ANGLE OF 0 DEGREES 47 MINUTES 22 SECONDS, AND A CHORD DISTANCE OF 44.23 FEET, BEARING SOUTH 54 DEGREES 1 MINUTE 20 SECONDS EAST TO A POINT OF TAGENCY. THENCE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST, ALONG SAID RIGHT OF WAY LINE 1124.37 FEET TO THE POE~IT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST, 600.00 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 35 DEGREES 34 MINUTES 59 SECONDS WEST, 321.16 FEET; THENCE NORTH 54 DEGREES 25 MINUTES 1 SECOND WEST, 541.69 FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE OF BAREFOOT WILLIAMS ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE 132.69 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES I 8 SECONDS, AND A CHORD DISTANCE OF 127.78 FEET BEARING 8 DEGREES 25 MINUTES 50 SECONDS EAST TO A POINT OF TANGENCY; THENCE NORTH 35 DEGREES 34 ~TES 59 SECONDS EAST, 207.46 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.38 ACRES, MORE OR LESS. Exhibit "A" ' NOV 2 8 2000 /'/z,,, II !t '11 )i II 1--- -- ---J~'~-- ----'~,--'~"' ! Exhibit"B" J ~ ,i' lr / Lit/ /'~ i/ j= ,J LI 2 8 2000 EXECUTIVE SUMMARY PETITION PUD-2000-14, WILLIAM L. HOOVER, AICP, HOOVER PLANNING AND DEVELOPMENT, INC., REQUESTING A REZONE FROM "A" TO "PUD" TO BE KNOWN AS BRITTANY BAY APARTMENTS PUD, A MULTI-FAMILY DEVELOPMENT NOT TO EXCEED 478 DWELLING UNITS, INCLUDING 128 AFFORDABLE HOUSING APARTMENTS, LOCATED APPROXIMATELY 4/5 MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) ON THE WEST SIDE OF COLLIER BLVD (C.R. 951) IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 58.6 + ACRES. OBJECTIVE: To have the Board of County Commissioners approve a rezoning from "A" Rural Agricultural to "PUD" Planned Unit Development to allow development of the subject property with 478 multifamily and/or single family dwelling units of which 128 dwelling units are affordable housing apartments. CONSIDERATIONS: The proposed Brittany Bay PUD will be located on the west side of Collier Blvd., approximately four-fifths of a mile south of Immokalee Road and is 58.6 acres. The PUD will be an affordable housing project comprised of 478 total dwelling units and 128 affordable housing rental apartments. The remaining 350 dwelling units will be typical multi-family residential. The subject property qualifies for a maximum residential density of up to 7.0 dwelling units per acre because it lies within an Activity Center Residential Density Band, and would qualify for a bonus of 2.19 affordable housing units as permitted by County policies promoting affordable housing. The petitioner proposes a maximum base density of 5.97 dwelling units per acre and an affordable housing density bonus of 2.19 units per acre for a maximum density of 8.16 dwelling units per acre. This is an acceptable density given the project qualifies for the affordable housing bonus. The proposed PUD is bordered by mostly undeveloped and agricultural properties with the exception of some single family homes to the west of the proposed 14.7 acre preservation area (Indigo Lakes) and a single family home and a truck repair service to the south. The proposed Master Plan should be deemed compatible with the surrounding existing and future development. NOV 2 8 2000 Summar,y The project master plan will provide two residential development tracts that will encompass approximately 58.6+ acres of land to be developed with both single family and multi-family dwellings. The project will also provide both passive and active recreational opportunities for residents including swimming pools, tennis courts, fishing docks, and walking and jogging paths. It will also be located within 1,000 feet of a middle school facilitating access for multi-family residents. If approved, the development plan will also include the following: 1. A total of 478 residential units with 128 affordable housing apartment units and a maximum gross density of 8.16 units per acre. 2. Open space that includes a 14.7 acre preservation area located in the west portion of the PUD. 3. ~ Lakes, landscaping, and buffering totaling or exceeding the minimum required 60 percent open space for residential PUDs. 4. Common access for recreational use of the preservation area and lakes. 5. Access from C.R. 951. 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: 1. The subject petition is consistent with the locationai criteria for residential development and affordable housing as it applies to the County's Growth Management Plan. 2. The PUD development plan is compatible with existing and future surrounding development. 3. Access will be provided to adjacefit development in the future if feasible and at the time those properties are developed. 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. Also, some impact fees are exempted for affordable housing projects NOV 2 8 2000 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: Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: · Corrections Fac. Impact Fee: $578.00 per unit $180.52 per unit $0.15 per square foot of building $827 per unit $1825 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit $117.98 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $3,689.14 per unit. Since this project proposes 350 residential units and the remainder are affordable housing, the total amount of residential impact fees collected at build-out will total $1,291,200.00. 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. 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 valorurn 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 reas6nable estimate of tax revenue based on ad valorurn 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. ITEM NOV 2 8 2000 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 Immokalee Road (C.R. 846) - C.R. 951 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). It is consistent with the policies governing affordable housing and the Affordable Housing Density Bonus Agreement. The proposed PUD is also 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. The project is near to an activity center and is located within 1,000 feet of a middle school, which facilitates access to existing and future facilities for residents. 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. In view of these conditions we have to conclude that this petition is consistent with the Traffic Circulation Element. Open Space Element and Natural Features - The required amount of open space will be achieved by the retention of wetland and preservation areas, and other open space totaling 60 percent of the gross acreage, and including landscaping and lakes. 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 of the GMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical/archaeological probability as designated on the official Collier County Probabi li ty Map. NOV 2 8 2000 PLANNING SERVICES STAFF RECOMMENDATION: Staff reviewed 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 November 2, 2000; therefore, Staff recommends approval of PUD-2000-14, the Brittany Bay Apartments PUD Document and Master Plan. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: This petition was not reviewed by the Environmental Advisory Committee (EAC) because the scheduled meeting on November 1, did not have a quorum. PLANNING COMMISSION RECOMMENDATION: At the November 2, 2000 meeting 'of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition P UD-2000-14 to the Board of County Commissioners. NOV 2 8 2000 PREPARED BY: ~VIE~D BY: l 1~ DATE ~OyA~D F. ~m,~o, AiCP f CURRENT PLANNING MANAGER DATE PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOt~ M. DUlqNUCK, III" INTuERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS.' DATE Petition PUD-2000-14, Brittany Bay Apartments PUD. Tentatively Scheduled for the November 28, 2000 BCC meeting. ITEM NOV 2 8 2000 Memorandum AGENDA ITEM 7-D To: From: Date: Subject: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES OCTOBER 10, 2000 PETITION PUD-2000-14 BRITTANY BAY APARTMENTS PUD OWNER/AGENT: Agents: Applicant/Owner: Mr. William L. Hoover, AICP 3785 Airport Road North, Suite B Naples, Florida 34105 Deborah Johnson Sandspur Housing Partners, Ltd.. 1551 Sandspur Road Maitland, Florida 32751 REQUESTED ACTION: The petitioner seeks approval for a fezone from "A" Rural Agricultural to "PUD" Planned Unit Development for a residential development of 478 multi-family dwelling units with 128 units being affordable housing apartments. GEOGRAPHIC LOCATION: The property is located on the west side of Collier Blvd., approximately four-fifths of a mile south of S.R. Immokalee Road in Section 27, Township 48 South, Range 26 East (See location map on following page). 1 NOV 2 8 2000 t~_= 1.-4- PURPOSE/DESCRIPTION OF PROJECT: The 58.6 acre Brittany Bay PUD is an affordable housing project comprised of 478 dwelling units of which 128 dwelling units will be affordable housing rental apartments and the remaining 350 dwelling units will be typical multi-family residential. The master concept development plan shows two residential development tracts with lakes and open space, and a 14.7-acre preservation area. One residential tract equals 21 acres and is designated for affordable housing units. The remaining residential tract equals 37.6 acres and is designated for standard residential dwelling 'units. The minimum 60 percent open space and 25 percent native vegetation preservation will be provided. The project will also provide both passive. and active recreational opportunities for residents including swimming pools, tennis courts, fishing docks, and walking and jogging paths. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and is zoned "A" Rural Agricultural. ' Surrounding: North '--- Undeveloped woodlands zoned "A." The Oakridge Middle School is located a short distance to the north. South Truck repair and storage, some single family homes and undeveloped properties zoned "A." East - Undeveloped properties located east of C.R. 951 and a canal. West Undeveloped and woodlands zoned "A." 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 Immokalee Road-Collier Blvd. 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 PUD lies within the Residential Density Band that surrounds the Actiyity 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 maximum density and number of dwelling units that the Brittany Bay Apartments PUD would qualify for is 7.0 dwelling units per acre or 410 total dwelling units. With the Affordable Housing Density Bonus Agreement the petitioner would also qualify for an additional 8.0 units per acre on the 21 acres designated for affordable housing, thus an additional 128 affordable housing units is possible if the proposed PUD and density is deemed compatible with surrounding development. The petitioner indicated that he is requesting a maximum 478 dwelling units at a gross density of 8.16 units per acre. This density request is further broken down and attributed to about 5.97 dwelling units per acre base density and 2.19 dwelling units per acre for the affordable housing bonus. Staff's review of this petition and the findings in Exhibit "A" and "B," attached to this Staff Report, indicates that the 2 . NOV 2 8 2000 Pg- {~_ -- requested development and density is consistent with the FLUE of the GMP. It is also compatible with surrounding developed and undeveloped properties and will result in efficient and economical allocation of community facilities and services as required in Policies 5.3 and 5.4 of the FLUE. Traffic Circulation Element - The Traffic Impact Statement estimates that the 478 multi-family dwelling units will generate about 2,641 Weekday Trips. The proposed site-generated traffic will exceed the significance test standard (5% of the LOS "C" design volume) on C.R. 951. However, the project trips will not lower the level of service below the adopted LOS "D" standard on this road segment. Therefore, the project is deemed to be consistent with Policies 1.3 and 1.4 of the Traffic Circulation Element (TCE). The petitioner also has indicated on the Master Plan that an interconnection to the property to the north would be available at the time the abutting property is developed if it is feasible to do so. Even if the proposed interconnection is limited to pedestrian traffic, this would likely reduce some vehicle trips, especially to the Oak Ridge Middle School. Open Space Element and Natural Features - Open space will be achieved to the greatest extent possible and the petitioner will provide 67 percent open space within the development. The petitioner also will provide the minimum 25 p6rcent retention of native vegetation including approximately 26 percent of the western portion of the property as a preserve area (a minimum 14.7 acres). As a result, the proposed development is consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Element(s) - These include utilities and water management. The petitioner is fully responsible for all necessary water management improvements, including routing of on-site and appropriate off-site water systems. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with 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. The above-prescribed course of action should make this petition consistent with the public Facilities Element and Utilities sub-elements of the GMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's 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 appropriate staff responsible for oversight related to the above referenced areas of concern has reviewed the subject petition. This primarily includes a review by the Community Development and Environmental Services Division Staff and the Transportation Department Staff. This petition will be reviewed by the Environmental Advisory Committee (EAC) on November 1, 2000, and the results of the EAC heating will not be available until the day of the CCPC hearing. Appropriate stipulations were recommended by staff and were incorporated into the PUD Document. 3 NOV 2 8 2000 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 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 determination 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 Existing 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 applicant proposes a 478-unit mixed-use residential project with 128 affordable housing apartment units and a maximum gross density of 8.16 units per acre. The proposed PUD is bordered by mostly undeveloped and agricultural properties with the exception of some single family homes to the west of the proposed 14.7 acre preservation area (Indigo Lakes) and a single family home and a truck repair service to the south. The likelihood of greater densities occurring than the base density is real because all of the land to the north which is undeveloped lies within a residential density band. Based on this likelihood, the differences between this development and future development of undeveloped lands to the north should be minimal. Furthermore, a middle school is located approximately 1,000 feet north of the proposed PUD making it convenient and accessible for students who will likely live in the multi-family units proposed for this development. The proposed PUD should be deemed compatible with existing and proposed development and consistent with future development in the area. Traffic - The primary vehicular access point will be from C.R. 951, which will have adequate ingress and egress. The petitioner is also proposing an interconnection with future development to the north, which will provide additional access to the school property to the north, and which will help reduce trips onto C.R. 951 if implemented at the time of development of the property located on the PUD's 4 NOV 2 8 2000 north side. The project will also be required to dedicate up to 65 feet of right-of-way for the future widening of C.R. 951, and the installation of acceleration and deceleration lanes, which will help to reduce traffic conflicts. The paved road access will be constructed to County standards within the existing access and should operate with an acceptable level of safety. The proposed road access is subject to the County's Access Management Plan. No other impacts or traffic conflicts between this proposed PUD and existing or proposed nearby developments are apparent. Therefore, the proposed PUD should not affect land use negatively. Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. 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. Water management facilities will be constructed to meet requirements of County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. The above-prescribed course of action should insure that this petition is consistent with the GMP. Community Infrastructure and Services - The subject property has convenient access to a wide range of community infrastructure in the area, including the Immokalee Road--Interstate 75 Activity Center and retail shopping and business offices located along Collier Blvd. (C.R. 951).a few miles to the south. Fire and emergency services can be readily provided from the appropriate facilities located nearby. Educational facilities and a County park (Vineyards) are also located within a short driving distance. PUD Document and Master Plan - The PUD document is modeled after the County Planning Services Model PUD Document in terms of format, general provisions, and development standards and commitments. The PUD Document contains all of Staff's recommendations and will make provision of standards commonly employed in similar PUDs in the County. The uses will be well buffered and contain adequate separation and landscaping. The proposed PUD will also provide sidewalks and paved access to this PUD. Interconnections to future abutting development are not necessary nor feasible. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of PUD-2000-14, the Brittany Bay PUD Document and Master Plan, to the Board of County Commissioners. 5 NOV 2 8 2000 PREPARED BY: PLANNER ,,~~~BY: RONALD F. NINO, AICP, MANAGER CUI~ ?,.ENT PLANNING SECTION ROI ERr J. MLrL~RE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: JOHNI~I. DUNNUCK, m INTER1M ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Staff Report for November 2, 2000 CCPC meeting. Note: This petition is tentatively scheduled for the November 28, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: GAR ORT/DJM 6 NOV 2 8 2000 Pg. ,~ FINDINGS FOR PUD PUD.2000-14 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: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the !and, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. (i) Intensifying land development patterns produces economics of scale relative - to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by an arterial road, which is within the urbanized area, and which facilitates access to a variety of community services and facilities. (iv) The proposed PUD is located in an area that is developing with residential uses and is near to an activity center at C.R. 951 and Immokalee Road..The area appears to be well-suited for this type of development. (v) The location for affordable housing is enhanced by its proximity to schools. Con.' (i) (ii) Loss of travel time for users of the same arterial road network. 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. Findinit: Jurisdictional reviews by County staff support the manner and pattern of the proposed development. 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 ensure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Development conditions contained in the PUD document give insurance that all infrastructure will be developed and will be consistent with County regulations. The higher intensity development and its affordable housing component will be enhanced by its proximity to public facilities, such as, the middle school located within 1,000 feet to the north. Exhibit "A" NOV 2 8 2000 Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity'of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. (i) The development strategy for the subject property is consistent with the goals, objectives and policies of the Growth Management Plan, including objectives to provide affordable housing. Con: None Findinto The subject petition has been found consistent with the goals, objeciives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future 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 maximum. density and number of dwelling units that the Brittany Bay Apartments PUD would qualify for is 7.0 dwelling units per acre or 410 total dwelling units. With the Affordable Housing Density Bonus Agreement the petitioner would also qualify for an additional 8.0 units per acre on the 21 acres designated for affordable housing, thus an additional 176 affordable housing units is possible if the proposed PUD and density is deemed compatible with surrounding development. The petitioner indicated that he is only requesting a maximum 478 dwelling units at a gross density of 8.16 units per acre. The proposed type of development and requested density appears to be compatible with surrounding development, which are mostly undeveloped agriculturally zoned properties. There are some single family dwellings abutting the proposed preservation area, and a single family home and truck repair business located on the south side of the subject PUD. The proposed multi-family units and affordable housing portion of this PUD should cause little or no impact to the 2 AGENDA iT-1~4 NOV 2 8 2000 pg.~" _ nearby single family homes. This project also will be located in close proximity of nearby schools, providing convenient student access to those public facilities. StafFs review of this petition and the findings in Exhibit "A" and "B," attached to this Staff Report, indicates that the requested development and density is consistent with the FLUE of the GMP. It is also compatible with surrounding developed and undeveloped properties and will result in efficient and economical allocation of community facilities and services as required in Policies 5.3 and 5.4 of the FLUE. This meets Objective 1 of the Housing Element of the GMP. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that the petition is consistent with the policies of the TCE, including Policies 1.3, 1.4, 5.1 and 5.2. The petitioner also has indicated on the Master Plan that an interconnection to the property to the north would be available at the time the abutting property' is developed if it is feasible to do so. _Even if the proposed interconnection is limited to pedestrian traffic, this would likely reduce some vehicle trips, especially to the Oak Ridge Middle School. Preservation and Open Space - Open space will be achieved to the greatest extent possible and the petitioner Will provide 67 percent open space within the development. The petitioner also will provide the minimum 25 percent retention of native vegetation including approximately 26 percent of the western portion of the property as a preserve area (a minimum 14.7 acres). StafFs review indicates that the petition has been designed to be consistent with the GMP. Other Applicable Element(s) - These include utilities and water management. The petitioner is fully responsible for all necessary water management improvements, including routing of on-site and appropriate off-site water systems. 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. The above-prescribed course of action should make this petition consistent with the public Facilities Element and Utilities sub-elements of the GMP. 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. The PUD has been designed to minimize internal land use conflicts through setbacks and open space used to separate the proposed lots from nearby properties. Con: None. 3 NOV 2 8 2000 ® e e Findinit: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space and yard setbacks. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. In this case, natural features and existing development also contribute to buffering and screening from offsite properties (e.g., 14.7 acre preservation area). The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Finding: The project will provide the greatest practical. Open space set aside by this project meets the Development Code, which requires up to 60 percent open space. amount of' open space provisions of the Land 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. Summary Findinit: Timing or sequence of development in light of concurrency requirements is not a significant problem (see Staff's Report). Adequate improvements, utilities and other facilities can be provided. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Findinit: 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 to the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 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. 4 NOV 2 8 2000 Pro: The proposed PUD Document and Master Plan are designed for multi-family use, such as, condominiums and affordable housing apartments. As such, the uses are permitted and encouraged by the GMP. The standards within the PUD Document will help ensure that the project is compatible with surrounding development. Con: None. Summary Findine: 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 used for the particular housing structures and associated requirements. The increased density aspect of this PUD is not unreasonable given its location and the fact that the GMP encourages affordable housing in such areas of the County. FINDINGS FOR PUD-2000-14~DJM 5 NOV 2 8 2000 REZONE FINDINGS PETITION PUD-2000-14 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recormnendations 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: 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-' 1. Development orders deemed consistent with all applicable elements of the GMP should be considered a positive relationship. 2. The proposed affordable housing element of the subject PUD is also consistent with Objective 1 of the Housing Element. Con: None Summary Findinus: The PUD amendment as proposed is in compliance with the Future Land Use Element of the Growth Management Plan (GIMP) and helps to meet Objective 1 of the Housing Element of the GMP. The County Planning Staff has further determined that affordable housing bonuses are allowed within the Urban Mixed Use - Urban Residential Subdistrict of the GIMP. 2. The existing !and use pattern; Pro: The proposed single-family residential development is compatible with nearby residential and non-residential development. The project is bordered by a recreational vehicle subdivision resort to the east, rural agricultural, a'truck repair business to the south, and undeveloped and single family to the west of the proposed 14.7 acre preservation area. The abutting property to the north is undeveloped and a middle school is located on its north side and within 1,000 feet of the proposed PUD. Furthermore, the proposed PUD is located within an Activity Center Residential Density Band, which allows for increased density and intensity of use. Con: None Exhibit "B" A~J~iDA I'I'F~,M NOV 2 8 2000 Summary Findings: The proposed PUD is consistent with expected land uses by virtue of its location within the Residential Density Band of the Irnmokalee Road - Collier Blvd. Activity Center as designated on the Future Land Use Map of the GMP, and the type and character of the surrounding existing and future residential and non-residential land uses. e e The possible creation of an i~olated district unrelated to adjacent and nearby districts; Pro: Approval of this PUD amendment will not create an unrelated zoning district. Furthermore, affordable housing is promoted by County policy. Con.' Evaluation not applicable. Summary Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Affordable housing is promoted by County policies and Land Development Code (LDC) provisions. 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 FLUM of the GMP. Con: None. Summary Findings: Nearby Lands are zoned for residential and non-residential development and contain compatible residential development and densities for most of the area. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The area has changed to a mixed residential/non-residential area containing conventional housing, RVs, a truck repair business and a school. Therefore, the proposed zoning change is appropriate based on the existing conditions of the property, and surrounding properties, and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. 2 ITEM NOV 2 8 2000 e Summary, Findings: The proposed zoning change is consistent with the Growth Management Plan and is appropriate based on changing conditions surrounding the property. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The proposed PUD should have a positive influence on development and character of the area. (ii) The proposed single-family housing adds balance to the housing mix of' ' the area and provides an alternative choice to existing housing choices and lifestyles. It also provides a logical transition between the higher intensity RV development to the east, the truck repair business to the south, the school located to the north, and the developing lower density residential development to the west. Con: (i) None. Summary_ Findines: The proposed PUD amendment will not adversely influence living conditions in the neighborhood. The site also provides some transition between more intensive nonresidential and RV development and the less intensive single family development to the west of the subject PUD. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding !and 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) An action to rezone the property as requested is consistent with the traffic circulation element. (i) The property will access private and public roads providing access to the arterial road system serving the project. 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. (ii) In the short run, construction traffic necessary for development may be irritating to local residents. 3 A~DA [Tram NOV 2 8 2000 e SummarT/. 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, and, when developed, will not excessively increase traffic congestion. Additionally, certain traffic management system improvements may be required as a condition of approval (i.e., turn lanes, traffic signals, dedications, etc.) by the County and the FDOT. In the final analysis, all rezone actions are subject to the Concurrency Management System. 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. (ii) The residential portion of this property is mostly upland land with few drainage problems. Most of the wetlands areas will be maintained in a 14.7 acre preservation area. Con: (i) None Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities 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. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD amendment will conform to County standards and requirements in the PUD Document which will ensure adequate light and air will be available. The overall development standards are compatible with the standards listed for similar residential districts in the LDC that are designed to protect the circulation of light and air to adjacent areas. Con: None. Summaw Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e., open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 4 NOV 2 8 2001) 10. 11. 12. Whether the proposed change will adversely affect property values in the adjacent area; Typically, 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 followed. It is likely that this development will have a positive influence on property values in this area. Con: Sometimes, urban intensification is perceived as having a negative impact on. neighboring property values. SummaiD' Findings: 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 may or 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 may or may not affect value. The proposed PUD should have a positive impact on property values, especially if it is developed with transition of density and intensity of development. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: The proposed PUD amendment will likely have a positive influence toward promoting development of adjacent properties. Summary Findines: The basic premise underlying the zoning development standards in the LDC is that their sound application, when combined with the site development plan approval process, gives reasonable insurance that a change in zoning will not deter improvement of adjacent property. 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, Findings: The proposed PUD amendment complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said 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, such as the promotion of affordable housing as is the case here. 5 NOV 2 8 2000 13. 14. 15. 16. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however, to do so would deny this petitioner the opportunity to provide better housing than what is currently approved. The petitioner is also proposing affordable housing units which are allowed by County policy. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project complies with the GMP and helps the County to meet stated measurable goals promoting affordable housing. Within a policy context whereby affordable housing is promoted, the proposed PUD is not out of scale with the surrounding neighborhood. Con: None Summary Findine. s: The proposed PUD will not be out of scale with the needs of the neighborhood. Furthermore, affordable housing is allowed in this district and County policy promotes affordable housing by granting a bonus density, in addition to the permitted base density. 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. Summary Findinv_s: There are 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 axe 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. Furthermore, the County has adopted policies which allow affordable housing in most districts and which give bonus densities to encourage it. 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. 6 NOV 2 8 200 17. Summary_ Findines: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval that will further define the PUD. 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. Summary. Findines: A multi-disciplined team responsible for jurisdictional elements of the GMP have reviewed this petition and have found it consistent with the GMP. 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 GMP established relationships. RF_.ZONE FINDINGS PUD-2000-14/DJM 7 NOV 2 8 2000 HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, PDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, and Feasibility Studies, Site Plans & Subdivisions June 15, 2000 Mr, Donald Murray, AICP Collier County Current Planning 2800 N. Horseshoe Drive Naples, FL 34104 RE: Narrative Letter for the Proposed 58.6+ -Acre San Sovino Residential PUD Dear Mr. Murray: The subject property is located on the western side of Collier Boulevard (formerly C.R. 951), approximately 4/5 mile south of Immokalee Road. The site is currently undeveloped and zoned Agricultural. The property is within the Residential Density Band of the Immokalee Road and Collier Blvd. (C.R. 95 l) Activity Center. The subject land is proposed for a residential PUD. On the southern 21 acres (Tract "B") a 226- unit Affordable Housing project is proposed at a density of 10.8 units/per acre. The remaining 37.6 acres (Tract "A") is proposed as a typical multi-family project for 226 units at a density of 6.0 units/per acre. The Comprehensive Plan permits up to 578 units for this project, as the Affordable Housing project is eligible for a maximum density of 15 units/per acre and the typical multi-family project a maximum density of 7 units/per acre. This permits an overall maximum density of up to 9.86 units/per acre. As proposed, the 452 units are 126 units less than the maximum permitted and the overall density is 7.71 units/per acre or 2.15 units/per acre less than the maximum permitted. The area in the vicinity of the subject site is generally zoned "Agricultural". To the north is undeveloped and wooded "Agricultural" land. To the east is Collier Blvd., a canal and then undeveloped "Agricultural" land. South of the project is land zoned "Agricultural", with the eastern half utilized as a large track storage and repair facility and the western half developed as a single-family home. West of the project is undeveloped and wooded land, again zoned "Agxicultural". The proposed project will easily be compatible with these surrounding land uses. Architectural standards have been incorporated into the PUD Document to ensure that the proposed project will be developed to the high standards expected in North Naples. These include: a common architectural theme throughout and all roofs of principal buildings to be peaked and finished in tile, metal or architecturally-designed shingles (such as Timberline). Sincerely, HOOVER PLANNING & DEV., INC. W'filiarn L. Hoover, AICP HP File//2 3785 Airport Road North, Suite B, Naples, Florida 34105 · Phone: 941-403-8899 · Fc~ on,,/7 im-rElir NOV 2 8 2000 COLLIER COUNTY ~ APPLICATION FOR PUD REZONE PETITION NO. - ~ COORDINATING PLANNER: DATE RECEIVED Applicant Name (Agent): William L. Hoover, AICP, of Hoover Planning & Dev., Inc. Address: 3785 Airport Road North, Suite B, Naples, FL 34105 Phone: 403-8899 Fax: 403 -9009 Property Owner (Petitioner) Name and Address: Deborah Johnson, Sandspur Housing Partners, Ltd., 1551 Sandspur Road, Maitland, FL 32751 Phone: 407-740-7100 Detailed Legal Description of Subject Property: Section 27 Township 48S Range 26E The South 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4 of Section 27, Township 48 South, Range 26 East, less the East 100 feet for purposes of road right-of- way, Collier County, Florida. The South 1/2 of the South 1/2 of the Southeast 1/4 of Section 27, Township 48 South, Range 26 East, situated and lying in Collier County, Florida. Less the East 100 feet thereof for road right-of-way. Property Identification #: 00194240006 and 00193960002. Size of Property: 1000 Feet x 2550 Feet = 58.6+ Acres General Location of Subject Property: On the western side of C.R. 951, approximately 4/5 mile south oflmmokalee Road. Adjacent Zoning and Land Use: ZONING N - Agricultural S- Agricultural E - ROW & Agricultural W - Agricultural LAND USE Undeveloped and wooded. Truck repair/storage on East 1/4, S/F Home next, and Undeveloped on West 1/2. C.R. 951, then Canal, then undeveloped. Undeveloped and wooded. Existing Zoning: Agricultural. Proposed Land Use or Range of Uses: PUD for residential land uses. AGENDA ITEM NOV 2 8 2000 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 12 months? If yes, please write the fezone application number. No. Is this property currently vacant? Yes. land use and all existing structures. If the answer is no please describe the current Signature of Petitioner Date * If petitioner is a corporation 6ther than a public corporations, 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. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. The petitioner is a contract purchaser. The property is currently owned by James R. Jude and Sallye G. Jude, husband and wife, whose address is 200 Edgewater Drive, Suite//609, Coral Gables, .Florida 33133. The contract purchaser is CED Acquisitions, Inc., 1551 Sandspur Road, Maitland, Florida 32751. CED Acquisitions, Inc. officer's include: Alan H. Ginsburg, who is President, Secretary, Treasurer, and Director; Mike Sciarrino, V.P.; Louis Shassian, V.P.; Jay Brock, V.P.; Keith Ray, V.P.; David N. Stimmel, V.P.; and Dean Price, V.P. Sandspur Housing Partners, Ltd. (a limited partnership) is the developer for CED Acquisitions, Inc. and is also the petitioner. Sandspur Housing Partners, Inc., a Florida Corporation, is its general partner, with the following officers: Michael J. Sciarrino, V.P.; Tricia Doody, V.P.; and Alan H. Ginsburg, President, Secretary_, Treasurer, and Director. NOV 2 8 2000 NOTARIZED LETTER OF AUTHORIZATION / UNIFIED CONTROL Proposed Rezoning of Approximately 58.6 Acres of Land Located West of Collier Boulevard (C.R. 951) and 3A Mile South oflmmokalee Road in Section 27, Township 48, Range 26, Collier County, Florida To Whom It May Concern: Please be advised that Boylan Environmental Consultants, Inc., 1 I000 Metro Parkway, Suite 4, Fort Myers, Florida 33912; Hoover Planning & Development, Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105, and Davidson Engineering, Inc., 1720 J. & C. Boulevard, Suite 3, Naples, Florida 34109; have been engaged by the CED Acquisitions, Inc., the contracted purchaser to act as authorized agents and to request necessary applications during the PUD Rezoning Petition Process and Enbironmental Resource Permitting Process for the subject project. CED Acquisitions, Inc. also acknowledges to have unified control over all of the 58.6 acres of land shown within the subject project. Sincerely, ~ ~D Ac~s, Inc. avid N. Stimmel Vice President STATE OF FLORIDA COUNTY OF ORANGE The fo~'egoing instrument was acknowledged before me this 144S ay of David N. Stimmel who is personally known to me or have produced identification and who did (did not) take an oath. / 5J//t;/Nam/~// ,2000 by as AGF...~A ITEM NOV 2 8 2000 ~ · ,~ TH!~RE CANNOT lie CONSIDERED THE HOMEgrEAD PROFER'~-"Y OP ~ ~R ~.~,..¥,~': , . · ~ .. ~, · . . · ~ ' ~' I i Received $- ,_ Class 'C' lnta~tt~e I · . ..'' ~1. ~1~ p,rso~a~ ~ro~ Tax ~ ' F~e~ TStle & ~st~act Inc ~ · ~ I / ~ . NOV 2 8 2000 p~. ,_'~O 00G61220 ........... COLLIER COUNTY J~ I. ~, H.D. ~d ~Y~ G. w~ ~fofiic* ~d~. is 2~ ~se~ter Drive. Corel Gables, Florida 33133 I~'i I~ I1~ A,q I1: On RECORDED ,M), ,,t 1~2rch ~ bib one-~lf (S I/2) of c~ ~rth o~-helf (N 1/2) of the South one-~lf (S 1/2) of the Souc~iat oneoq~rter (SE 1/~) Socti~ 27, T~ihXp 48 Sn~th, ~Se 26 Ellc, leoo the hot feet for pu~ooeo of ro~d rishc of vay, Collier County, go~etMr rich 100~ o~1, Sis and ~nerll rlshto thereto. Collier SUB~gC~ ~0: Tnxee for the year 1984 and subeequent yeare. Condttiona, raltrictiona end linltatiou together with easements appear ebonS ths Public Recordi of Collier County, Florlda. ~md zeals& ordln4~cs~ applicable. If any. ..... ..... ...... m ,... ,.;~~. -/~ ~ ~.~ ~. ~,. _~~. ............. ST4Tt OT ~ I H~SIY C~TI~ ibm oq Ibis day. ~lwe auth~ in the S~w dm,d .~ m the ~nty d~,d Io take [ _ ~.~ · ,t~~ ~, .p~.~ Received ~ume~1o~ S!omp Tox LAIdFENCE W. (:HF:gJty and RELEN R. CHERRY me know~ to be Ihe prrson a deKrlbed in add who ene~ed the f~ ~nt a~ they K~fed ~J~ me ~1 they 5m~:~ aJ~ *hb ~4~ day ~ 8~. ...... G%~2~ ' ~' P. ,9 ~E & ~S~, INC. ~ l~n~/~: 993 Creech ~ad Naples, Florida 33940 :oll,er County, Flor;do ,.ViiAom .,I. R~.oorl:.CJe~rk )¥ HOei~~ ~ D.C Prepared In conjunction vlLh the issuance oi Title Insurance. 2 8 2000 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST NAME OFAPPLICANT: Deborah S. Johnson, Sandspur Housing Partners,Lt. MAILING ADDRESS: 1551 Sandspur Road, Maitland, FL 32751 CITY STATE ZIP ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): C o 11 i e r B 1 yd. LEGAL DESCRIPTION: Section: 27 Township: 48s Range: 26E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 00194240006 & 00193960002 Metes & Bounds Description: The South 3/4 of the SE 1/4 of Sec. 27, Twp. 48S, Rng. 26E, Collier County, FL less the east 100'. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):. a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM /:. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATME~ PLANT (GPD capacity) e. SEPTIC SYSTEM [] [] 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) APPLICATION FOR PUBLIC HEARING FOR PUD i~g3'ONE. 5/9.= o o PAGE '13 o] 16 NOV 2 8 2000. P,., o TOTAL POPULATIONTOBESERVED: 1338 capita with 154 gpd/capita for water use PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 824.20~ ap~ AVERAGE DAILY 206,052 B. SEWER-PEAK 659,366 9pal AVERAGEDAlLY 164,841 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BEREQIYI'RED: March 2001 · 10. NA.RRAT~ 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 percolafion data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities 'the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. 'STATEMENT OF AVAILABILITY CAPACITY FROM' OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17~7 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - S~99 PAGE 14 O: AGE D^ NOV 2 8 2000' DENSITY BON ,U.,S. CALCULATION LOW INCOME #Bedrooms #Units Bonus Ra,tiBg Bonus Units 2 BR 64 3 2.7 3 BR 26 4 1.6 4 ,B,.R 12 4 .75 TOTAL #LOW INCOME UNITS 102 VERY LOW INCOME #Bedrooms gUnits Bonus Rating Bonus Units 2 BR 16 4 1 3 BR 6 5 .5 4BR 4 5 .34 I'OTAL #VERY LOW INCOME UNITS 26 TOTAL AFFORDABLE HOUSING BONUS UNITS PER ACRE 6.89 AGE~:)A I~ NOV 2 8 2000 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 8627S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO ,PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE BRITTANY BAY APARTMENTS PUD LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY 4/5 OF A MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 58.6 + ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing Sandspur Housing Partners, Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" to "PUD" Planned Unit Development in accordance with the Brittany Bay Apartments PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8627S, 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 Department of State. 3. AGENDA I~.M NOV 2 8 2000 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: DWIGHT E. BROCK, CLERK BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency M~mdent ~ Assistant County Attorney 8/admin/PUD-00-14/DM/im -2: AGENDA ITEM NOV 2 8 2000 BRITTANY BAY APARTMENTS PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: DEBORAH S. JOHNSON SANDSPUR HOUSING PARTNERS, LTD. 1551 SANDSPUR ROAD MAITLAND, FLORIDA 32751 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 and JEFF L. DAVIDSON, P.E. DAVIDSON ENGINEERING, INC. 1720 J. 8, C. BOULEVARD, SUITE C NAPLES, FLORIDA 34109 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 DATE FILED DATE REVVED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" June 16, 2000 October 20~ 2000 NOV 2 8 2000 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION IIPROJECT DEVELOPMENT REQUIREMENTS SECTION IIIRESIDENTIAL AREAS PLAN SECTION IVPRESERVE AREAS PLAN SECTION VDEVELOPMENT COMMITMENTS PAGE ii ooo III 1 3 6 9 14 15 AGENDA I'I'F..~ NOV 2 8 2000 LIST OF EXHIBITS EXHIBIT "A" EXHIBIT "B" PUD MASTER PLAN PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN III Ac, E~A_.rrr~ ,o._/"/Z: _ NOV 2 8 2000 P~,o~ STATEMENT OF COMPLIANCE The development of approximately 58.6_+ acres of property in Collier County, as a Planned Unit Development to be known as the Brittany Bay Apartments 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 Brittany Bay Apartments 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. 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. 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. 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. o The project is considered entirely within the Residential Density Band of the Urban Residential Mixed Use District around the Immokalee Road Collier Boulevard Activity Center, on the Future Land Use Map. The project is designated as an Affordable Housing Density Bonus project. The projected density of 8.16 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Affordable Housin.q Project Within Residential Density Band Base Density 4 dwelling units/acre Activity Center Density Band +3 dwelling units/acre Affordable Housing Density Bonus+8dwellinn units/acre Maximum Permitted Density 15 dwelling units/acre AGEI~A I~ld NOV 2 8 2000 Requested density = 8.16 dwelling units/acre Maximum permitted units = 58.6 acres x 15 dwelling units/acre = 879 units Requested dwelling units = 478 All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. AGFJ,~A ITEM NOV 2 8 2O00 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 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 Brittany Bay Apartments PUD. LEGAL DESCRIPTION The subject property being 58.6+ acres, is located in Section 27, Township 48 South, Range 26 East, and is fully described as: The South 1/2 of the North 1/2 of the South 1/2 of the Southeast 1/4 of Section 27, Township 48 South, Range 26 East, less the East 100 feet for road right-of-way, Collier County, Florida. The South 1/2 of the South 1/2 of the Southeast 1/4 of Section 27, Township 48 South, Range 26 East, less the East 100 feet thereof for road right-of-way, Collier County, Florida. PROPERTY OWNERSHIP A. The subject property is owned by: James R. Jude, M.D. and Sallye G. Jude, 200 Edgewater Drive, Suite #609, Coral Gables, Florida 33133. .B. The subject property is under purchase contract by: Sandspur Housing Partners, Ltd., Attn.: Deborah S. Johnson, 1551 Sandspur Road, Maitland, Florida 32751. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the western side of Collier Boulevard (formerly C.R. 951), approximately 4/5 mile south of Immokalee Road (unincorporated Collier County), Florida. So The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. NOV 2 8 2000 1.5 1.6 1.7 PHYSICAL DESCRIPTION The project site is primarily located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is to the east to a new swale along the western side of Collier Boulevard. Natural ground elevation varies from approximately 11.7 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X' with no base flood elevation specified. The water management system of 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 ultimate discharge into the Island Walk PUD lake system. 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 per Collier County and SFWMD rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand, Limestone Substratum. Site vegetation consists predominantly of Pine Flatwoods except for a Melaleuca invaded transitional wetland area near the west portion of the property. PROJECT DESCRIPTION The Brittany Bay Apartments PUD is a project comprised of a maximum of 478 residential units. One hundred twenty-eight of these residential units are projected to be developed as an Affordable Housing Density Bonus rental apartment project and the remaining three hundred-fifty units as a typical multi- family project. Recreational facilities and other facilities and services 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. SHORT TITLE AGENDA ITEM NOV 2 8 2000 Pg. This Ordinance shall be known and cited as the "Brittany Bay Apartments Planned Unit Development Ordinance". NOV 2 8 2000 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 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. GENERAL -A. Regulations for development of the Brittany Bay ApartmentsPUD 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. 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. All conditions imposea and graphic material presented depicting restrictions for the development of the Brittany Bay Apartments PUD shall become part of the regulations which govern th& manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. 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, NOV 2 8 2000 2.3 2.4 2.5 2.6 Final Plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 478 dwelling units shall be constructed in the residential areas of the project. The gross project area is 58.6:1: acres. The gross project density shall be a maximum of 8.16 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are iljustrated 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. So 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. 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. MODEL UNITS AND SALES FACILITIES Ao 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. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 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. Off-site disposal is also hereby permitted subject to the following conditions. AC_~A ITF~.M ' NOV 2 8 2000 ko Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5, Excavation of the Land Development Code shall apply. NOV 2 8 2000 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 478 units. 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 Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings and 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 Services Director. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. a) Carports are permitted within parking areas. b) Garages are permitted at the edge of vehicular pavement. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 9 AGENDA ITEM NOV 2 8 2000 3:4 Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. Water management facilities, including such facilities within any Native Habitat Preserve Areas. Recreational facilities, such as boardwalks, walking paths and picnic areas, within any Natural Habitat Preserve Areas, after the appropriate environmental review. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. Any other accessory use deemed comparable by the Development Services Director. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the Brittany Bay Apartments PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 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. 10 NOV 8 2000 _/-/,/' TABLE I RESIDENTIALDEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lol; Wi,dth SINGLE-FAMILY 7,0OO Sq. Ft. 60' Interior (1) Front Yard Setback Side Yard Setback I Story 2 Story 3 Story .... Rear Yard Setback Principal Structure 20' Accessory Structure 10' PUD Boundary Setback Principal Structure 20' Accessory Structure 20' -'" ake Setback (4) 20' Jetland Preserve Area Setback 25' Distance Between Structures Main/Principal 1 -Story 2-Story 3-Story Accessory Structures Maximum Hei,qht: Principal Building Accessory Building Minimum Floor Area Lots 70' Corner Lots 20' 0' & 12' or both 6' 0' or both 1/2 BH O' or both 1/2 BH TWO-FAMILY 5,000 Sq. Ft. NA 90' Interior Lots (1)NA (45')(2) 110' Comer Lots NA (55')(2) 20' 15' 0' & 12' or both 6' 0' or both 1/2 BH 0' or both 112 BH 20' 10' 20' 20' 20' 25' 10' 10' 15' 15' 20' or SBH 20' or SBH 10' 10' 35' and 2 stories35' and 2 stories 20'lClubhouse 35'20'/Clubhouse 35' 1200 Sq. Ft. 1100 Sq. Ft. MULTI-FAMILY Greater of 7.5' or 112 BH Greater of 10' or 1/2 BH Greater of 12.5' or 1/2 BH 20'(3) 10' (1) May be reduced on cul-de-sac lots. Greater of 20' or BH 10' 20' 25' 15' 20' 20' or SBH 10: 45' and 3 stories 20'/Clubhouse 35' I bedroom = 600 Sq. Ft. · 2 Bedroom = 750 Sq. Ft. 3 Bedroom = 900 Sq. Ft. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) All 3-story buildings shall be set back a minimum of 90' from Collier Boulevard right-of-way. (4) Lake setbacks are measured from the control elevation established for the lake. Note: "BH" refers to building height and "SBH" refers to sum of the building heights. ]] AGENDA I_TF~M NOV 2 8 2000 Off-Street Parkin,q and Loading Requirements: Parking shall be as required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: 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 for any residential project. A minimum of 11.39 acres of natural habitat areas shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible. These natural habitat areas shall consist of at least 6.49 acres of native vegetation that is retained on-site as shown on the PUD Master Plan and up to 4.9 acres of native vegetation that is replanted elsewhere on-site, as described in Sections 3.9.5.5.3 of the Land Development Code. Landscaping and Bufferin,q Requirements: If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. Landscaping and buffering shall be provided per Division 2.4. of the Collier County Land Development Code. 3. No chain link or wood fencing shall be utilized along Collier Boulevard or within 100 feet of the Collier Boulevard right-of-way. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure 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 architecturally-designed shingles (such as Timberline). NOV 2 8 2000 Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. 13 NO',/2 ~ ,:,,:..9 4.1 4.2 SECTION IV PRESERVE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 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 Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. o Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas may be 100% indigenous native species. Any other use deemed comparable in nature by the Development Services Director. 14 A C~..ND A ITEM NOV 2 8 2000 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 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. PUDMASTER PLAN Exhibit "A", PUD Master Plan iljustrates 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. 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. 15 ., NOV 2 8 2000 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 two or three phases. 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. Monitoring 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 This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 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 and Division 3.3., Site Development Plans. 5.6 WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be-submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. All road impact fees must be paid prior to removal of material from the site. Do 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. The setback is measured from the top of the bank. Nothing may be placed within the required 20-foot lake maintenance easement. 16 AGENDA ITEM NOV 2 8 2000 5.7 5.8 5.9 UTILITIES 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. TRAFFIC The applicant shall be responsible for the installation of arterial level street lighting at any project entrance onto Collier Boulevard, prior to the issuance of any Certificates of Occupancy or Compliance. So Road Impact Fees shall be paid in accordance with Ordinance 2000-56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. The project shall provide an interconnection to the abutting property to the north if deemed feasible by the Collier County Development Services staff during the site development plan review process. Sidewalks shall be provided along Collier Boulevard and internally within the Project. The Project shall dedicate up to sixty-five (65) feet of land to Collier County, located adjacent to Collier Boulevard, for the future widening of Collier Boulevard. The Project shall receive impact fee credits for this dedication and the land .shall be dedicated at the earlier of construction plan approval or within ninety (90) days of being requested to make the dedication in writing by Collier County. Dedication procedures shall be as described within Section 2.2.20.3.7 of the Land Development Code. PLANNING 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. ENVIRONMENTAL 17 L NOV 2 8 2000 Go Do Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 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. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In theevent 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. Buffers shall be provided around any 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 the Current Planning Environmental Staff. 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 Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. ]8 AGENDA ITF~..M NOV 2 8 2000 NOV 2 8 2000 ~ p~. NOV 2 8 2000 AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the ~ day of ,2000, by and between Sandspur Housing Parmers, Ltd., 1551 Sandspur Road, Maitland, Florida 32751 (the "Developer") and the Collier County Board of County Commissioners (the "Commission"). RECITALS: A. 1. The Developer is a contract purchaser for a tract of real property described as ' The South one-half (S 1/2) of the North one-half (N 1/2) of the South one-half (S 1/2) oft he Southeast one-quarter (SE 1/4) of Section 27, Township 48 south, Range 26 East, less the East 100 feet for purposes of road right-of-way, together with 100% oil, gas and mineral rights thereto; and the South 2 of the South 2 of the Southeast 1/4 of Section 27, Township 48 South, Range 26 East, less the East 100 feet thereof for road fight-of-way, both parcels situated and lying in Collier County, Florida, (The "Property")., 2. The legal and equitable owners are James R. Jude, M.D. and Sallye G. Jude, (the "Owners") 200 Edgewater Drive, Suite #609, Coral Gables, Florida 33133. The Property is under purchase contract by Sandspur Housing Partners, Ltd., 1551 Sandspur Road, Maitland, Florida 31751. It is the Developer--s intent to construct a maximum of 47g residential units (the "Units") at a density of g. 16 units per gross acre on the Property. The gross acreage of Property is 58.6 +/- acres. The number of affordable Units constructed by Developer shall be 128, representing 26.78 percent ofthe total number ofresidential Units in the development. 3. The Developer has a purchase contract to acquire the Property that is the subject of this Agreement fi'om the Owners. As such, this Agreement can not, and does not become effective until the earlier of the following conditions has occurred: a. The Developer purchasing and closing on the Property, or b. The Owners joining in and executing this Agreement. Prior to recording this Agreement, the Developer must demonstrate compliance with either 1 the abov~e NOV 2 8 2000 provisions. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for m the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, which density bonus can only be granted by the Commission in accordan~ willa the strict limitations of said O~:dinance. C. The Commission is willing to grant a density bonus to the Developer authorizing .the consUuction of 67 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of 1.16 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the (5oremission hereby covenant and agree as fellows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 128 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibit A, Exhibit B, and Exhibit C, which Appendix is incoq:~ated by reference herein and constitutes a part of this Agreement. Units at the Property which are not an affordable Unit ("Market Rate Units") shall be exempt from the provisions of this Agreement and may be leased or rented by the Developer on the terms and conditions acceptable to the Developer in its sole discretion. Within forty-five (45) days of the date that notice is received from the Commission, the Developer shall provide on-site management to assure appropriate security, maintenance and appearance of the development and the dwelling Units. a. The definitions set forth in Section 4 of Collier County Ordinance No. 90-69 apply to the terms of this Agreement, as applicable. 2 NOV 2 8 2000 b. The following provisions shall be applicable to the affordable Units: (1) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very low income), and 60 percent (for low income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). Th~ foregoing notwithstanding, any rent charge. zt for an affordable housing unit rented to a low income or very low income family shall not cxce~190 percent of the rent charged for a comparable market rat~ dwelling in the same or similar development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, establish~ periodically by HUD and pt~blished in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the parties hereto shall mutually agree to another reasonable and comparable method of computing adjusUncnts in median income. (3) Eligibility and Qualification ofTchant. Family income eligibility is a three-st~ process: 1) submittal of an application by a prospectivc t~nant; 2) vcrification of family housing unit provided under the affordablc housing density bonus program prior to being qualified at the appropriate level ofincon~ (low or very low income) in accordance with this Section. The D~vcloper shall be rcsponsible for qualifying tenants by accepting applications from tcnants, vcrifying income and obtaining incomc certification for all affordablc units in the subject dcvclopmcnt. All applications, forms and othcr documcntation rcquired by this Agreemcnt shall bc provided to ! - NOV 2 8 2000 Urban Improvement Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission. (a) Application. A potential tenant shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and Ordinance No. 90-89, as amended, as a low or very low income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potentia. l occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, tenant verification of the return, and a signatory block with the date of application. The verification shall beyalid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be 4 · o vl a~xt~~ NOV 2 8 2000 Housing and Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: (i) name, address, and telephone number of the head of household and all other other occupants; (ii) a description of the unit to be rented; (iii)the term of the lease; (vi) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and Ordinance No.. 90-89, as amended, may be conducted by the Housing and Urban Improvement Director. (4) Disqualification of Tenant. In the event that tenant qualification is not subsequently confu med by the Housing and Urban Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. fitchant vacation of the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as provided by the monitoring and enforcement program. Such cvcntuality shall be expressly detailed in the lease agreement between Developer and tenant. (5) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with Ordinance No. 90-89 or subsequent ame~dtncnts thereto. The report shall be filed on or before September 3O of each and the eport shall be submittedthe Developer to the ousi, ~ NOV 2 ~ 2000 Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in"a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) d~y submission deadline. No more than one such extension may be granted in a single year. (6) Occupancy Restfictious. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by. a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 7 units per acre, and is therefore granted a density bonus of 1.16 density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 67 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 478 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them by the Ordinance. Collier County or its designee shall have full power to enforce the terms of this Agreere, 6 NOV 2 8 2CO0 of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban Improvemeat Dirootor by certifiad retum-reoeipt requested U.S. Mail, or hand- delivery to the person or developer in violation of the Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authorized by the Board of County Commissioners, shall specify the violation or violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Board. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or with Ordinance No. 90-89, as mended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with Ordinance No. 90-89, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or othetxvise transfer all or part of its duties, obligations, or promises under this.Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a ~eparate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Part__ies. 8. Notice. Any notices desired or required to be given under this Agreement 7 AGENDA ITEId ~ I b e NOV 2 8 2000 and shall either be personally delivered or shall be sent by mail, postage prepaid, to the parties at the following addresses: To the Commission: Housing & Urban Improvement Dept. 2800 N. Horseshoe Driye Naples, Florida 34104 To the Developer: Sandspur Housing Partners, Ltd. c/o Deborah S. Johnson 1151 Sandspur Road Maitland, Florida 32751 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forlab above. 9. Authority to Monitor. The parties hereto acknowledge that the Director of Collier County Housing and Urban Improvement or his designee shall have the authority to monitor and enforce Developer=s obligations hereunder. 10. Indenmify. The Developer hereby agrees to protect, defend, indenmify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upc;n the Propen3' and against every person then having any ownership interest at any time and from time to time until this Agreexnent is terminated in accordance with Section 14 below. The Developer may at its option, designate a portion of the Property to be set aside to meet the affordable units requirement set forth in this Agreement. The Developer shall be limited to the construction of 350 units on the portion of the property not designated to meet the affordable units required by this Agreement. To evidence the Developer=s election to designate a portion of the property to meet the affordable units requirement, the Developer may record a notice in the ol 8 ~cia ecor A .T~ JNOV 28 2000 Collier County identifying the portion of the property designated to meet the affordable units requirement. However, the parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the ot~eial records of Collier County, Florida. 13. Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain.and be maintained as the type of affordable housing rental unit (low or very low income) designated in accordance with this Agreement for at least fifie, en (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fif~n (15) years this Agreement may terminate upon a date mutually agreed upon by the parties and stated in writing. 15. both parties. 16. Modification. This Agreement shall be modified or amended only by the written agreement of Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. 9 d. The affordable housing units in the development shall be identified on all building plans submitted to the county and described in the I~v¢loper Application for Affordable Housing Density Bonus. c. Thc affordable housing units shall bc intermixed with, and not scgrcgated . from, thc markct rate dwclling units in thc dcvclopmcnt. f. The squarc footagc, construction and design ofthc affordable housing units shall be thc samc as markct rate dwelling units in thc dcvclopmcnt. All physical amcnitics in thc dwclling units, as described in item number scven (7) of the Developer Application for Affordable Housing Density Bonus shall bc thc samc for market rate units and affordable units. For dcvclopmcnts where construction takes place in more than onc phasc, all physical amenities as described in item number seven (7) of the Developer Application for Affordablc Housing Density Bonus shall bc the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 18. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 19. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as AGENDA ITEM ]o NOV 2 8 2000 20. Preapplication. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 22. Further Assurances. The parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, insiyuments, and agreements which may be reasonably required in order to effectuate the intent of this Agreement. Such documents shall include but not be' limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the parties hereto have caused this Agrccment to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and lcgal sufficicncy: Patrick G. White Assistant County Attorney By: James D. Carter, Ph.D., Chairman 11 AGE.~A ITEM NOV 2 8 2000 Pl~: ,i~'~ Witnesses: DEVELOPER Sandspur Housing Partners, Ltd. Print Name Print Name By: Its: Print name: (title) STATE OF FLORIDA ) )SS. COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants and Restrictions On Real Property was acknowledged before me by , as of Sandspur Holdings, Ltd.. WITNESS my hand and official seal thisday of ,2000. Notary Public My Commission Expires: 12 A~A ~TE~ NOV 2 8 2000 APPENDIX A~ EXHIBIT A NUMBER OF AFFORDABLE HOUSING RENTAL UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY LOW INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (o (2) (3) (4) (5) 64 $715.00 26 $802.00 12 $881.00 - 102 - 16 $583.00 - 6 $649.00 - 4 $710.00 26 Base residential density allowed in this development: 7 units/acre. Gross acreage: 58.6 +/-. Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89:6.89 units/acre. Gross residential density of this development (including affordable housing density bonus units) 8.16 units/acre. Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 26.78 %. NOV 2 8 2000 APPENDIX A~ EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the lables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collie/County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, singie-family or multi-family) and percentage of affordable housing units in the development. To use the affordable hous'mg density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number ofdwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. : 14 NOV 2 8 2000 APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING :~YSTEM TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND I MORE MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) LOW (OWNER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMILY) 0 1' 1' 2 3 4 3 4 5 *For cjuster housing developments in the Urban Coastal Fringe, add I density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING DENSITY BONUS RATINO % OF AFFORDABLE HOUSING UNITS 10% ;~0% 30% 40% I 0 0 1 2 2 0 I 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 Please calculate your density bonus in the space provided below. Attach additional pages if necessary. See attached Density Bonus Calculation. 15 AGENDA I"1~ NOV 2 8 zooo DENSITY BONUS CALC~-,ATION LOW INCOME #Bedrooms ~.Tnits Bonus Rating Bonus Units 2 BR 64 3 2.7 3 BR 26 4 1.6 4 BR 12 4 .75 102 TOTAL #LOW INCOME UNITS VERY LOW INCOME #Bedrooms #Unit~ Bonus Rating Bonus Units 2 BR 16 4 1 _ -. - 3 BR 6 5 .5 4 BR 4 5 .34 TOTAL #VERY LOW INCOME UNITS 26 TOTAL POTENTIAL AFFORDABLE HOUSING BONUS UNITS PER ACRE REQUESTED AFFORDABLE HOUSING BONUS UNITS PER ACRE 6.89 1.16 16 NOV 2 B 2000 Pg. q,~ _ APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR TIlE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the median income and very low income is less than 50% of the median income. $59,100 MEDIAN INCOME 1999 Naple~, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 100% 41,400 47,300 53.200 59,100 63,800 68,600 73,300 78,000 800/0 33,100 37,800 42,550 47,300 51,050 54,850 58,650 62,400 60% 24,840 28,380 31,920. 35,460 38,280 41,160 43,980 46,800 50% 20,700 23,650 26,600 29,550 31,900 34,300 36,650 39,000 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 1999 data from FI-[FC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOM UNIT UNIT UNIT THREE THREE BEDROOM UNIT 100% 1,108 1,330 1,536 1,714 800/0 886 1,063 1,229 1,371 60% 665 798 921 1,029 50% 554 665 768 857 LOCATION Naples and Coastal Collier County Immokalee and East of Everglades Blvd. Golden Gate UTILITY ALLOWANCES ONE B/R TWO B/R THREE BTR FOUR B/R UNIT UNIT UNIT UNIT 71.00 91.00 128.00 156.00 67.00 106.00 148.00 173.00 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENT:~;, APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT 17 AGENDA ITEM NOV 2 8 2000 Date Occupancy Desired: Deposit: Your Name: Co-Tenant Name Present Address: Date of Application: Amt. Of Sec. Race/National Origin: Handicap: Yes __ No Race/National Origin: Handicap: Yes __ No Telephone No. Name of Landlord Landlord=s Address: Street City State Zip How Long at this Address: Street City Sta~e Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address'. Street City No. Name of Previous Landlord State Zip Telephone Street City No. APPLICANT: Present Employers Name State Zip Telephone Address and Telephone No. How long with Present Employer:__ Title Gross Salary: Hourly $ $ Social Security Number __ Weekly $.~ Job Eveoff 2 Weeks $ Monthly Birth Date Previous Employers 15 NOV 2 8 2000 Name Address and Telephone No. How long with Previous Employer Title Job CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Title Gross Salary: Hourly $ $ Social Security Number Job Weekly $ Every 2 Weeks $ Birth Date Monthly Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAM~.S O~' AL~,WHO WILL OCCUPY APARTMENT BIRTH DAT~ S~X AG]~ soc~l~ szcuarr¥ pERSONAL REFERENCES fNot Relativesl 1. Name: Address: 2. Name: Address: How Long Known: How Long Known:__ 19 AC~g)A I~.M NOV 2 8 2000 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant-s Name: Co-Tenant~s Name: Present Address: Social Security Number Social Security Number Street City State Zip Telephone No. I hereby make application for an apartment at Brittany Bay Apartments. I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Apnlicant Co-Tenant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $.__ $ $~ $ Bonuses $.__ $.~ $__ $ Tips $ $.__ $__ $ Commissions $.__ $.~ $~ $ Interest Income $ $.__ $__ $ Trust Fund Income $ $.__ Unemployment $ $.__ $~ $ Workman=s Compensation $.__ $.~ $__ $ Welfare $.__ $__ $~ $ Food Stamps $__ $__ $ $ Social Security $__ S.~ S__ $ Social Security Disability $__ $.~ $~ $ Supplemental SSI $ $.~ $ $ Family Assistance $ $.__ $ $ Child Support $ $.~ $.~ $ Veterans Benefits $~ $.~ $.~ $ Widows Benefits $__ $.~ $.~ $ Union Pension $~ $.~ $.~ $ Self-Employment Business, Silent Partner, etc. $__ $.~ $.__ $ Private Insurance Pension $~ $~__ $.__ $ TOTAL ANNUAL INCOME $ s s s THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR=S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. ' CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPO[ SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TE IN AFFORDABLE HOUSING UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO T ALL ~ANC~C, Et4~ ITE~ 2O NOV 2 8 2000 APPLICANT: Pr:sent Employex: Address: Street (Applicant) on this verification form. APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION cit~ Job Title: State Zip hereby authorize the release of information requested Signature of Applicant STATE OF FLORIDA ) ) ss COUNTy OF COLLIER) The foregoing was acknowledged before me by. Witness my hand and official seal this day of ,2000. Notary Public My Commission Expires: EMPLOYER VERIFICATION Applicant=s Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly $ Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of ,2000. Notary Public My Commission Expires: THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR=S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. 21 AGENDA ITEM NOV 2 8 2000 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Director. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if _any, on the property and the acreage of each; PUD - $8.6 +/- acres Density bonus? X If yes, state date of application number N/A . Has an application for rezoning been requested in conjunction with the affordable housing Yes No 6/16/00 and ifthe request has been approved, state the Ordinance 3. Gross density of the proposed development: 8.16 units/acre. Gross acreage of the proposed development: 58.6 +/- acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes __ No. If yes, please state name and location of the PUD and any other identifying information. Brittany Bay Apartments PUD on the western side of CR-951, approximately 4/5 miles south oflmmokalee Road, unincorporated Collier County. 5. Name of applicant: Sandspur Housing Partners, Ltd. Name of land developer if not the same as Applicant: same 6. Please complete the following tables as they apply to the proposed development. 22 A~A NOV 2 8 2000 TABLE I Total Number of Uni~;s in Development TABLE H Type of Unit Rental Efficiency One Bedroom 62 Two Bedroom 215 Three Bedroom 145 Other Bedroom 56 TOTAL 478 Number of Affordabl~ Housing Total Number of Affordable Units in Development MODERATE INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Owner Rerital Occupied Ovalet Occupied Proposed Use for Density Bonus Units Owner Renttfi Occupied LOW INCOME Efficiency 1 Bedroom 2 Bedroom TOTAL 64 26 12 102 - 64 26 12 102 - 23 AGE~A ITEM NOV 2 8 2000 Total Number of Affordable Units in Development Rental VERY LOW INCOME Efficiency - I B~droom - 2 Bedroom 16 3 Bedroom 6 Other 4 TOTAL 26 Owner Occupied Proposed Use for Density Bonus Units Rental Owner Occupied 16 6 4 26 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. See attached Project Description for Brittany Bay Apartments dated September 2000. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. w$~l~. wkelly.wl~rorm~olli~hode~boom2. w~l 24 NOV 2 B 2OgO