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Backup Documents 12/08/1998 RREGULAR MEETING OF THE BCC DECEMBER 8, 1998 Neptes DaiLy Ne~s Nap[em, FI. 34102 Affidavit of Pubttcatiofl NapLe, DaiLy News A,D OF 0120 ATTN: HIATTA SXRLEAF PO ~X ~l~16 NAPLES FL 3~101-~i6 ~OTICE~ PUBL~ ~ETING BOARD OF COUNTY CO~MISSIONERS. C~LIER COUNTY, FL~IDA T~/, 9:~ A.~. ~lce Is h~ebv given ~ ~ C~II~ C~ ~d ~ ~ C~- ~ ThUd F~ of ~e Ad. mlnlttrotlon Building County Government c~ ~e bu~- ~ ~e s~ time ~e. C~I~ ~ ~e to ~e ~tr~d~e~ COunty Admlnlstrotor~ ~Js ~e cord Includes the t~fl~y ~ ~l~e to~ BOARD OF COUNTY CO~tSStO~R P~LISHE0 ~: 12/~ COLLIER COUNTY. FLORIDA BARBARA B. BERRY, CHAIR~N OWIGHT E. BROCK, CLERK ~ C~ AD SPACE: FZLED ~: 12/07/98 REFERENCE: 001230 #912733 57791956 NOTICE OF PUBLIC I~£E State of FLorida C~ty of Collier ~fore the u~ersign~ aut~rity, pers~aL[y o~ar~ J~n Taylor, v~ ~ ~th says that he servel ms Assistant C~trotler of the ~ptes Daily N~m~ · ~([y n~s~per ~bLish~ at Naples, tn Collier C~nty, FLorida: t~t the attach~ c~ of ~verttsi~ was ~b[tsh~ tn said n~s~per ~ ~tes Affiant further says t~t the said ~pLes Daily N~s ts · n~s~r ~tish~ at ~pLes, tn said Collier ~ty; FLort~, ~ t~t the said ~s~r ~s heretofore ~ c~tin~sLy ~Lts~ tfl said Collier C~nty~ FLort~, each ~tter et the ~st office tn ~pte~, tn said Collier C~nty, FLorida, for a pert~ of 1 year next prec~i~ the first ~bttcati~ of the atta~ ~ of ~vertise~nt; a~ affiant further says t~t she has nettEer ~id ~r pr~a~ any ~r~, f~re or c~ratim any dis~t, r~te, c~istt~ or refu~ for the ~r~se of securi~ this ~vertt~e~nt for ~[icati~ in the said n~s~per. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, December 8, 1998 9:00 a.m. NOTICE: Al,l, PERSONS 'WI.";lllN(; TO SI'EAK ON ANY A(;ENI)A ITEM MUST RI'X;ISTi';I{ PRIOR TO SI'EAKIN(;. SPEAKERS MUST REGISTEI{ WITII TIIE COUNTY ADMINISTRATOR PRIOR T() 'Fill'; I'RE,";ENTATION OF TIlE A(;ENDA ITEM TO IH'; AI)I)RE.N.NEI). REQITI':.NTN 'I'() AI)I)RE.NS ]'liE B()ARI) ON SI,,"BJECTS WIilCI! ARE NOT ON TIII.~; A(;ENI)A MUST lie S l,J lI.M I'!-I'1';!) IN WRITIN(; WITI! EXPI,ANATION TO TIlE C¢)UNTY AI).MINISTRAT()R AT I,EAST 13 DAYS PRIOR TO TIlE I)ATE ()F TIlE MEETING ANI) WII,I, lie ]iEARD [;NI)ER "I'[,:Ii],IC I'E'rITION.N". ANY I'I.;RSON WIll) I)ECII)E$ TO Al'PI-;Al, A DECISION OF Tills IIOARI) WII,I, NEEI) A RE('f)RI) OF TIlE I'RO('EEI)IN¢;S PERTAINING TiIERETO. AND TIIEREFORE MAY NEED T() EN.NI'RE TIIAT A VERllATI.Xl RECORI)()E Tile PROCEEDIN(;S IS MADE. WIIICII RE(N)RI) IN('i.I ;I)ES Till.; TE.NTI.XI()NY ANI) EVII)ENCE !!I'ON WlllCil TIlE APPEAl, I.N TO Ill.; llASEI). AI,i, RI.;(;I.NTEI{I.,'I) I't~BI,IC NI'EAKER.N WII,I, lie I,I.',IITEI) T() FIVE {5) SIlNIrI'I.;.N t!NI,I.;.~N I'ER.XlI.N.NI(JN I.'O1{ ,\I)I)ITI¢)NAI, TI.ME IS (;RANTEI) 11¥ Till.; CIIAIRMAN. AS.~IS'I'I.:I) I,I.NTI.;NIN(; I)i.:VI'CI.2,; FOR TIlE ilEARIN(; IMPAIRED ARE AVAII,AIII,E IN Till.: COI,;NTY C().XI.".IIN.NIONERN' O]"FICE. I,UNCll RECESS SCiiEI)UI,EI) FOR 12:00 NOON TO I:00 lL.M. INVOCATI()N. Reverend Ilarold Brown, I,ely Presbyterian Church I'I,EI)(;E OF AI,I,E(;IANCE AI'I~R()VAI, ()F A(;ENI)AS .,", ppraved and/or Adopted w'/chanRes - .~/{! A. AI'PRt)V.AI, ()F CONSENT A(;ENI)A. B. AI'I'R()VAI, OF SU.M.XlARV AGENI)A. C. Al'Pi{OVAl, OF RE(;ULAR A(;ENI)A. .,'~ I'i'R()VA !, (}F .Xl INUTES Approved as presented - 510 A. II. November 10. 1998. Regular meeting. November 17, 1998- Regular meeting. I December 8. 1998 PROCLAMATIONS AND SERVICE AWARDS A. i~ROCLAMATIONS 1 } Proclamation by the Board of County Commissioners of Collier Count)', Florida designating the week of December 7-11. 1998 as NOAA Weather Radio Awareness Week. To be accepted by Sir. Gary. Arnold. Collier County Emergency Management Coordinator. Adopted - 4/0 fCommissioner Constantine out) Proclamation by the Board of County Commissioners of Collier County, Florida designating December 7-I !, 1998 a.~ Florida Yards and Neighborhoods Week in Collier County. To be accepted by Sis. Noelle Kauramaki. Adopted - 5/0 B. SERVICE AWARDS Presented 11 Meliton Almendarez, Road and Bridge - 10 years 21 Daisy Rodriguez, Code Enforcement - 5 years 31 Charles Smallwood. Wastewater - 5 )'ears 4~ Martha Vellos. Building Review and Permitting - 5 )'ears C. PRESENTATIONS Recognized i ) Recommendation to recognize Debrah Preston, Principal Planner. Planning Services Department, Comprehensive Planning Section, as Collier County Employee of the Year for 1998. APPR()VAI, OF CI,ERK'S REPORT A. ANALYSIS OF CllANGI'LS TO RESERVF~ FOR CONTINGENCIFL~;. PUBI,IC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAl, SERVICES I'UBI,IC WORKS 11 Report on Ihe status of the Livingston Road Roadway Corridor and Construction Projects. Staff recommendation Approved 5/0 MOVED FROM 16BI Deccmbcr 8. 1998 IlL Co D. E. 2) Recommendation that the Board of County Commigsiooers approve the staff selection of firms and award Agreements with firms for the Fixed Term Professional Engineering Sen'ices { RFP-98-2835) Staff recommendation approved - 5/0 I'UBLIC SERVICES SUI'I'ORTSERVIClkS COUNTY ADMINISTRATOR I) 21 3} Further discussion regarding funding for law' enforcement services lo Marco Island. Staff to come hack with a listing of outstanding items, l Consensusl Al)DEl): 4) Confirmation of appnintment of John I.. Cook. Jr.. as Emergency Services I)ivision Administrator. Motion tol)eny- 3/2 I(.'ommissioncrs Berry and Norris opposed) Sluff report on Ihe potential impact of the Clerk of Courts Wield burning" lawsuil on the pending refunding of County Water-Sewer District Revenue Bonds. Continued to 12/15/98 Amend agreement for referendum information services with Floridians for Fairness in Court Funding. Approved - 5/(I F. AIRPORT AUTIIORITY COUNTY ATI'ORNEY'S REPORT BOA RI) OF COUNTY COMMISSIONERS A. Reconsideration of settlement agreement with l.ely Barefoot Be$ch ltomeowners Association regarding the Lely Guardhouse. Agreement not to he approved and legal remedies to be pursued in court system - 3/2 {Commissioners Berry and Norris opposed} B. (;olden Gate Parkway Water and Sewer Assessment District. {Commissioner Constantine) Emergency delcared and Staff to initiate and advertise for an MSBU - 5/0 ADI)EI): C. Traffic Signal at Recreation Lane and Santa Barbara Boulevard. Staff to move forward with project ASAP 3 December 8. 1998 I 1. ()TILER ITEMS 12. 13. A. OTIIER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAl. TOPICS PUBI,IC IIEARINGS WII,I, BE IIEARD IMMEDIATELY FOI,I, OWING STAFF ITEMS AI)VERTISEI) I'UBI.IC ltEARINGS . IICC A. COMPREItENSIVE PI.AN AMENDMENTS D. ZONING AMENDMENTS l) Petiqon PUD-98-7 .Michael R. Fernandez, AICP, of Planning Development Incorporated, representing Mastercraft Homes, Ltd., requesting a rezone for "A" Agricullure to "PUD" Planned Unit Development to he known as Wyndham Park PUD for single family and multi-family residential land uses. for properly located on the wes! side of C.R. 951 approxlmalely 0.6 of a mile south of lmmokalee Road, in Section 27, Township 48 South, Range 26 East. Collier Count)', Florida consisting of +/- ! 20 acres. Denied - 4/! tCommissioner Mac'kie opposed} ,MOVEI) FROM 17A 2} Petition CU-98-18, American Funding and Service Corporation requesting Conditional Use "6" of the RMF-6f3} zoning district to allow for an Assisted l.iving Facility located on the west side of Goodlette-Frank Road and the east side of 12th Street North. Res. 98-487 - Approved 5/0 .MOVED FROM 17D 3) Petition PUD-86.1213) John B. Goodman Limited Partnership requesting an amendment to the Bretonne Park PUD for the purpose of eliminating commercial land uses on commercially designed tract and replacing those uses with an assisted IMng facility located on the northeast quadrant of I)avis Blvd. and Embassy Woods Bh'd. ()rd. 98.112 -Adopted with changes 5/0 C. OTllER BOARD OF ZONING APPEALS A. AI)VERTISED PUBLIC IIEARINGS I) CONTINUED TO DECEMBER 15~ 1998. Petition ASW-98-1, Blair A. Foley. P.E. of Coastal Engineering Consultants, Inc., representing Anthony Voight~ requesting a 400 foot waiver from the minimum required separation of 500 feet between automobile service stations for property located at 2934 Tamiami Trail East ~U.S. 41), further described as a portion of LoLs I through I0 and Lots 36 through 42, Royal Palm Terrace Unit l, in Section I l, Township 50 South, Range 25 East, Collier County, Florida. 4 Deccmber 8, 1998 14. 15. J (L IL OTllER STAFF'S CO.MMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS CONSENT Af;ENI)A - All matters listed under this item arc considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item{s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted - 510 wilh changes A. COM.MUNi FY I)EVEI.OPMENT & ENVIRONMENTAL SERVICES 1} I'clition CU-97-23E..Mr. Roy A. Shuck. l'astor, represenling Faith Community Church requesting a one )'ear extension of a Conditional Use for a church in tile "E" Estates Zoning District for property located on 22''0 Avenue NW and Oaks Boulevard approxinmlely ~A of a mile south of immokalee Road. Res. 98-481 Request to approve the final plat of"Coco Lakes" With Stipulations and Construction andMaintenance Agreement 31 Request the Board approve a Road Impact Fee refund in the amour, t of $1,738.00 resulting from an overpayment. To the Club F..states in the amount of $1,738.00 4} Recommendalion to approve the attached Satisfaction of l.ien for Public Nuisance Resolution 91-396 B. PUIII.IC WORKS .MOVED TO ITEM #8B2 I) Recommendation that the Board of County Commissioners approve the staff selection of firms and award Agreements with firms for the Fixed Term Professional Engineering Services (RFP//98-2835). 2~ Award Bid #98-2850 for Emulsion Polymer for the North and South County Water Reclamation Facilities. ' To Ciba Specialty Chemicals Water Treatments, Inc. 3) Approval of a Resolution ratifying specific expenditures for Wastewater Department team-building sextons as serving a valid public purpose. Res. 98-482 5 December 8. 1998 4) 5) 6) Approval of a Lease Agreement between Collier County and Raymond Crawford for use ora parcel of land in Section 8 and 9, Township 48, Range 27. in the annual amount of $872.00 for cattle grazing CONTINUED TO TIlE JANUARY 12, 1999 MEETINC. Authorize the Transportation Services Department to remove the non-warranted traffic signal at the intersection of Goodlette-Frank Road and Royal Poinciana Drive. Authorize payment of an Urban Forestry Grant (No. 95-69) to the City of *larco Island, and authorize letter stating same to the Florida Depart~ent of Agriculture with Chairman's signature. In the amount of $7,653.11 7) Ad.;ust Water Management CIP Budget (Fund 325) to reflect revisions in Capital Program. 8) To the Stormwater Management Capital Fund Approval of Bid 98-2889, site work at Water Department's .Maintenance Building. 9) In the amount of $44,529.00 to Sunshine Excavtors, Inc. Approve Amendment Six {6) to Professional Services Agreement for Engineering Services related to improvements at the South County Water Reclamation Facility, RFP 93-2121, Project 73053. W/llole. Montes & Associates, Inc. I0) Approve a Resolution identifying the pledged revenues and authorizing the Public Works Administrator to execute any State Revolving Fund Loan Amendments. Res. 98-483/CWS-98-5 PUBI. IC SERVICES SUPPORT SERVICES 1) Execute contractual agreement with Golden (;ate Fire Control and Rescue District for fire and rescue protection services within the Collier County Fire Control District. ' 2) Adopt a resolution and approve the Grant of Utility Easement to Sprint. Florida, Inc. Rcs. 98-484, Easement Agreement, Temporary Construction Easement and Grant of Utility 'Easement 3) Award Bid No. 98-2884 and execute annual Appraisal Agreement for the appraisal of (;AC Land Trust Properlies. To the Appraisal Shoppe, Inc. 6 December 8. 1998 E. COUNTY ADMINISTRATOR 1} Budget Amendment Report BA - 99-048 and BA - 99-068 F. BOARD OF COUNTY COSIMISSIONERS (;. MISCEI,I,ANEOUS CORRESPONDENCE Il. ! ) Miscellaneous items to file for record with action as directed. ()TII ER CONSTITUTIONAL OFFICERS To seek the Board of County Commissioner's approval of the Certification of Acceptance of Subgrant Award entitled Development and Automation of Criminal Court Case Records Reporting System. COUNTY ATTORNEY I ) Agreement and budget for partial funding of Legal Aid Society. AIRPORT AUTHORITY 17. SUMMARY AGENDA - Tills SECTION IS FOR ADVERTISED PUBLIC ltEARINGS AND MUST SLEET TIlE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAl. FROM STAFF; 2} UNANIMOUS RECOMMENDATION FOR APPROVAL BY TIlE COLLIER COUNTY PLANNING COMMISSION OR ()TILER A UTltORIZIN(; AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3} NO WRITTEN OR ORAl. OBJECTIONS TO TIlE ITEM RECEIVED BY STAFF, TIlE COLLII'.'R COUNTY PLANNING COMMISSION, OTIIER AUTI1ORIZING A(;ENCIES OR TIlE IIOARI), PRIOR TO TIIE CO.M.MENCEMENT OF THE BCC MEETING ON WIIICI! TIlE ITEMS ARE SCtIEI)UI.ED TO lie iIEARD: AND 4l NO INDIVIDUALS ARE REGISTERED TO SPEAK IN ¢)PI~OSITION TO THE ITEM. MOVED TO ITEM #12132 Pet!lion CU-98-18, Alvin J. Sandsmark, of Southwest Florida Design & Engineering. representing American Funding and Service Corporation, requesting Conditional Use "6" of the R.MF-6¢3I Zoning District to allow for an A~sisted l.iving Facility (AI.F} for property located on the west side of Goodlette-Frank Road {CR-851 } and east side of 12m Stree! North, in Section 22, Township 49 South. Range 25 East, Collier County. Florida. - Petition SNR-98-5, Rob Wright. representing Glen Eagle Golf & Country Club, requesting !he following street name changes for property located in Embassy Woods Golf & Country Club at Bretonne Park, in Section 5, Township 50 South, Range 26 East; Embassy Woods Boulevard is to be changed to Glen Eagle Boulevard South; Embassy Woods Boulevard East and Embassy Woods Boulevard West are to be changed to Glen Eagle Boulevard: Ambassador Boulevard is to be changed to Glen Eagle Boulevard North. Res. 98-485 Co Petition SNR-98-1 I, Collier County Comm. unity Development and Environmental Services Division, requesting a street name change from Athol Court to Athol Way. located in Brittany Place, Phase Two, in Section 5, Township 50 South, Range 26 East. 7 December 8. 1998 Res. 98-486 · M(IVI';I) TO ITE?.,I #12113 D. Pelition PUD-86-12(3}, Donald W. Arnold of Wilson, Miller, Barton & Peek. Inc.. representing John B. Goodman Limited Partnership, a Minnesota Limited Partnership. requesti~,g an amendment to the "Bretonne Park" Planned Unit Development (PUl)}. for Ihe p,,rpose of eliminaling commercial land uses on commercially designated Iract and replacing those uses with an Assisted Living Facility (ALF) that'includes a skilled nursing facilily and other ancillary uses, increasing Ihe building height from 30 feet to 50 feet, and providing development standards for the proposed AI.F for property located at the northeast quadrant of Davis Boulevard (SR-84) and Embassy Woods Boulevard in Section 5, Township $1} So,th, Range 26 East, Collier Count)], Florida. CONTINIH.;I} TO I}ECEMBER 15, 1998 (~ONTINllED FROM NOVEMBER 24, 1998. Petition PUI)-98.13, R. Bruce Anderson of Young. *'an Asnenderp & Varn'adoe. P.A.. representing Collier l)evelopmcnt Corporation. requesting a rezone from "A" Rural Agriculture to "PUl)" and Pt!l) to I'lll}" Planned Unit Development to be known as Collier Tract 2 I. formerly PUD. for a golf course and accessory and incidental facilities including a clnhhouse. 50.000 square feet of C-3 commercial uses and/or a hotel on property Iocaled I)etwct. n II.S. 41 on Ihe east and Vanderhilt Drive on the west. lying north of I I 1~a Avenue and south of the Cocohatchee River. in Section 21. Township 48 South. Range 25 East. Collier County, Florida consisting of 267.44+ acres. 18. A I)J O [.IRN INQIHRIES C()NCERNIN(; CIIAN(;ES TO TIlE IIOARD'S A(;ENIIA SllOUi,I) lie 51AIIE TO Till'; .(.X)UN'I'Y AI)?,I INISTRATOR'S OFFICE AT 774-838,'1. 8 December 8. 1998 A GENI)A CIL'I NGES DECEMBER 8, 1998 BOA RD OF COUNTY COMMISSIONERS' MEET/NC Al)D: ITEM 8(E)(4~ - RECOM,%IENDATION TO AMI'JND IIIE AGREEMENT FOR REFERENDUM INFORMATION .¥ERVICES WITII FLORIDLINS FOR FAIRNESS IN COURT FUNDING. (STAFF'S REQUEST). MOVE: ITEM 12(B)(I) TO 17tF) . PUD 98-7, REQUEST FOR ti REZONE FOR "A" AGRICULTURE TO PUD 7'0 BE KNOWN AS WYNDllAM PARK PUD FOR SINGLb; FAMILY AND MULTI-FAMILY RESIDENTIAL L~IND USES FOR PROPERTY LOCATED ON TIlE WI£ST SIDE OF CR 951 SOUTfi OF IMMOKALEE ROAD. (STA FI"'S REQ UES T). CONTINUE ITEM 8(E)(3) TO 12/15 MEETLVG: STAFF REPORT ON TIlE POTENTIAL IMPACT OF TIlE CLERK OF COURTS "YIELD BURNING" I~IW.$'UIT ON TIlE I'ENDING REFUNDING Ob' COUNTY $~51TER.SEWER DISTRICT REVENUE BONDS. (STAFF'S REQUEST). CONTINUE ITEM 17(E) TO 12/15 MEETING: PETITION PUD.98.13 COLLIER DEVELOI'MENT CORPORATION REQUESTING /IR REZONE FI¢OM "A" RURAL A GRICULTURA L TO "PUD" A NI) PUD TO PI.~I NNED UN! T DE VELOPMENT KNOWN AS COLLIER TRACT 21 (FORMERLY BEACtI$¥A Y PUD) FOR A GOLF COURSE AND A CCESSOR Y A ND INCIDENTAL FA CILITIES INCLUDING A CLUBHOUSE A ND/OR A IlOTEL ON PROPERTY LOCATED BETWEI£N US 41 AND VANDERBILT DRIVE. (PE TI 17 ONER 'S R EQ UES T). MOVE: II'EM 17(A) TO 12(B)(2). PETITION CU-98.18, AMERICAN FUNDING AND SERVICE CORi'ORA170N REQUESTING CONDITIONAL USE "6" OF TIlE RMF. 6(3) ZONING DISTRICT TO ALLOW FOR tiN ASSISTED LIVING FA CILIT}:LOCA TED ON TltE IYEST SIDE OF GOODLETTE. FRANK ROAD AND EAST SIDE OF 12TM STREEI' NO. (COMMISSIONER CA RTER). MOVE: ITEM 17(D) TO 12(B)(3) . PETITION PUD-86-12(3) JOHN B. GOODMAN LIMITED PARTNERStlIP REQUESTING AN AMENDMENT TO TilE BRETONNE PARK PUl) FOR TIlE PURPOSE OF ELIMINATING COMMERCIAL I..4ND USES ON COMMERCIALLY DESIGNED TRACT ANI) REPLACING TItOSE USES SVITlt AN ASSISTED LIVING FACILITY LOCATED ON TIlE NORTIIEAST QUADRANT OF I)A VIS BLVD. AND EMBASSY WOODS BLVD. (COMMISSIONER CStRTER). PROCLAtffA TXO^! WHEREAS, local weather= condition$ con charg3e quick~ bm'ngirg3 Severe ~ther wh,Zh can ~H~A~, Colli~ Co~ e~$id~t$ n~d to b~ al~t~d ~o the po$s~bility oe immm~t oppr~ch of s~v~e w~th~ to protect their 5tot~ prow~ turret w~th~ obs~tion ~to ~d foretops for us~ by the 9~al public 24 hours o ~y, sev~ ~ co~omr~ or NOAA odd~tioml I~d t~ wh~ ~o~ w~th~ lhr~t~ our or~. ev~ m th~ middle of the night: ~ W~E~EAS,~ ~t~ml W~th~r 5~vic~. (FE~A), cod local Em~9~ that eve~ buildt~ ~ ~ ~th a ~AA W~th~ ~odio just ~ they are with smoke detector~' ~ WHEREAS, ,n the ~ ~ ~lh~ ~ ~ ~ t~ S~tt'of F~rl~ have worked together to p~ce a MO~ Wmth~ well ~ oth~ p~lic facih'h~ ~ere the p~/ic ~th~s ~ ~rge numbers tn Co/her ..... ~m~ ~rromc stor~ tne~ Colh~ Co~ty' ~d op~ti~ s~ thep~pl~ of ~l~ ~ Flori~ ~ a f~ of 16ZfZ5 ~z, tw~ fo~ ho~s a ~ sev~ ~s a ~ee~ ~ a ~tn~sh, of f~ ,~ ~ ~ row~ s~ce.r~ ~n~t~ r~t free for Florid, that t~ W~ of r~c~iv~r for t~ ~o~ ~dp~c~ of busin~ to r~c~iv~ t~ cr~Col ~d put,NElly lif~ sow~ ~n~or~H~ ~ os Nm~ ~ ~r os poss~l~. BOAI~D O? COUNT'Y CObt~I$$IONER$ COIl_ PER COUHTY, FLOI~DA A ~7'E5 T: t P I~ O C L A tA A 7"_~O N WHEREAS. the CooperoNve Extension Service is on inteprol port of Collier County Government in partnership with the University of Florida.' and, the Florida Yards and Neighborhoods Program, implemented through the local county Cooperative Extension Service, offers special educoNon programs for re~idents and neighborhoods, d/'~tributes FYN Iondscope 9uid~ ond cerNfi~s yo~ds os following the FYN p~ogram 9uidelin~; WNE~EA~, that by ~nh~tin9 residents in ~h~ bo~tl~ to sow FIowda~ Iondscop~ proctic~, they volunteer their Nm~ ond common9ood of Collier Count; W~E~EA~, urban itn~cts on wot~ q~li~ ond ~ucol ~co~st~ms will c~duc~d os Flocidi~ ~op~ I~p~ proc~ic~ tho~ stocmwot~r ~of~ ~ W~ consump~zbn, and minimize the use Univer~ of Florida E~ension 5erw~e hove b~ coo~raNn9 for ~ny years to id~nN~ ~ combat o~ocia~ with inv~ive ~ofic plon~s, Flori~ Yards u~e plonts more cl~ely hormonize with Florid~ ~tucai ar~s and wildlife,, on~ W~E~EAS, ~11~ Kouromn~/ is the fics~ Col/ie~ Coun~ ~id~ ~o be cerNf/ed os ~ Fiowdo Yard ho~own~. NOW T~E~ ~ i? proclaimed by the ~rd of Coun~ Commissioners of Coll/~ ~un~, Floci~, t~t Oe~bec 7- 11, ~998 be d~/9~fed os FLO~DA YA~D~ AND N~NBO~OOD~ WEEK'~N C~E~ CO~ , .' y · ~ ,~ ~ ' ,.~ , and ~a~ g~ ~ ~pp~C~Non i% ~nd~d ~o all ~ cou~ r~sid~nfs who ~ co~rd~d ~ ~ff~s ~o c~ng~ ma~t~n~c~ pr~cN~,~o co~v~ Yioi~d~ coastal BOARD OP COUI~I'I~/ CO~td-~$SZONER$ COLLZER COU^R'Y, ?LOI~DA I I I I I I I I I I I I I I I I I I I "5~2 Florida Yards & Neighborhoods Week in Collier County l)ecember 8. 1998 Recipient Nocllc/\. Kauramaki 5164 Seahorse Avenue Naples. l"lorida I I I I Clam Bay I I I I I ! I I I SITE PLAN. D · Lot ,'4 '.wit ! ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I l:n~nt l)rivc I I I I I I I I I I I I I I I I I I I I I I I ' I I I I I 5A2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I I ! I I I I I I ! I I I I I ,%cclion I" (' ~rchid 'l'rcc NL~rgcr.~ I I I I I I I I I I I I I I I I I ! I 1 g~) 7 .Ncction I! 5A2 ITl X ITl X tll II I'NI 'f bl ht 1,.'111 ]OA HO~RT A~ IIIrTTE~WO~rTJ3 November 6, 1998 Thc Honorable Barbara IL Befl-y Chairwoman, Collier County Board of Cotmty Commissioncts 3301 Tamiami 'Frail l~st Naplcs, Florida ]4112 Dear Commissioncr Berry: This office is in receipt of the October 29, 1998, con'espon&nce from Mr. Jason H. Kern, on belmlfofthe I.cly Barefoot Be. ac& Prglaefly~9~rs Association. This is thc first time that thc Associations have proposed settlement provisions that begin to rcc, ogni2~ the public's rightq of access to file Barefoot Beach Preserve Park. -While this latest proposal contains provisions that may serve as part of an interim stop toward final resolution of this controversy, I remain opposeal to any permanent resolution which allows the guardhouse to remain on Barefoot Be. ach Boulevard. The basis for this position continues to be that a private guardhouse in the middle of the ro~ is inconsistent with the terms of tim easements obtained by the State a~ld the County. Both of those easement gnuds recognize that Barefoot Beach Boulevard will serve as a public road providing access to the preserve during the perimls m~d times that thc preserve is open to thc public. hzsteaxl, I ptoixase that settlement di~ussions focus on addressing the actual concerns voiced by file Associations. 'l'ho.~ concerns have been: 1) mmex. e. ssary traffic:; 2) night-time security; and 3) the ability to provide non-park visitors with directional information. The issue of unnecessary traffic is addressed by the Association's proposal that electronic signs be located on Bonita Springs Road which will inform potential visitors that parking at thc preserve is at or near capacity. The signs must be controlled by Park personnel and should indicate when auto,nobile parking is at capacity2 As you know, some Park visitors may to be dropped offat ff~e entrance to thc Park while off:era may be pedcst~iaqs, cyclists, skaters. etc. Accordingly, tile sis, ns should provide that although automobile parking is at capax:ity, visitors may proc. ced to the Park. This is neees~ to ensure that visitors are. not left with tile mistaken impression that thc Park is closed bec, au.~ the parking lot is full. .. iOA The l lonorable Barbara B. Beffy Novembcr 6, 1998 Page 2 L)e. cisions on the location and character of informational signs should bc lell to the County, subject to State approval, with the understanding thai these signs will be coasts}cra with the design of Lely Barefoot Beach signs &nd other Park signs used by the County. With those qnalifications, we concur that electronic signs are an excellent snlution to the problem of mmeccssary automobilc ~a,qic. In ,'uldifion, 1 believc that it would be very helpful tx} Park visitors for the Comity to install visible and readable signs on Bonita ltt~,ch Road within one mile and within one-quarter mile of the entrm~ce to the sulxlivision, in l'x~fl} directions, indicating the approach to the Park. A sis:, should aim be installed ou Bonita Beach Road, across thc ctmance to thc subdivision wclcomit~t? visitors and din'x:ling them to drive the 1.5 miles to Ihe Park observing the speed limits. Tim I Iomeowuer~' night-time .~curity concerns arc understandable. It has always been our position ti:at the i tomeowl'}¢.rs could provide lbr the night-time security of their residences during the hours when the Park is ollicially cloud. It is my opinion that the l Iomeowners may resolve ,fight-time security in any rammer which they .sec fit so long a.s thc solution does not involve a permanent guardhouse or any other permanent structure in the middle of Barefoot Beach Boulevard. ltaving observed other ga}cd communities, it is obvious that there are numerous solutions to the problem of night-time security that do not require a guardhouse in the middle of thc road. For example, the existing guzrdhou.e.e could bc converted tt~ a portable structure which moves ~ff fl~c road during daytime hour~, or nigl:t4ime security gales could be operated from a gua.rdhouse cam.~;tructed lo the side of thc road. We rccx~gnize that some alternatives/nay involve use ofportions of the 60 foot wide easement fi~r fl,c constnlction of security facilities, aa:d we/~e willing to discuss alternatives that would J,,volve such usc, provided that permancnt structures are not located in the middle of the mad. 'l'hc Associations have ul.~ expressed a need for a place near thc carry to tim subdivision where day-time, no:: park visitors could obtain directional information. Again. my position is fl:at s~,ch services could easily bc provided without the use ora permanent structure in the middh. of thc road. For example, a.,; previously suggested by the Associations, the guardhtmse could be moved, or a similar structure constructed, in the parking area itl Trac! A with sign.s indicating that directional i,}fon,~ation can be obtained at that lorn}ira,. Another alternative would be to cxmstruet a bypass around a guardhouse located to the side of the road with signs indicating fl:at non-park visitors could obtain information at that location. Suci, a configm'ation, txmpled wi,h portable gates to be movexl to the middle of the road whet, the Park is ch,md at night, would also p,ovide Iht: nil;hr t/me security ~ul:ht by the Associations. IOA 'Ihe lhmorable Barbara B. Berry November 6, 1998 Page 3 In the spirit of cooperatiol,, l suggest that thc cost of implementing a sclcctcd option may bc shared by thc Associations, thc County and the State. I propose that tim Cotmty immediately. seek estimates for the cost of these or other suitable solutions. While the State cannot commit to providing the one-third funding as such would requin: a legislative appropriation, this off'icc as well as the Department of l~nvironmental Protection would commit to jeiji the County in a re. quest for thc State's share. Iii the interim, thc gates should Ix: removed during Park operating hours as finally agrccd to by thc Associations. Attached is a list of concerns identified by my attorneys about the provisions of the Oclober 2g, J 998. proposed .~tflemcnt. These concerns assmne that a final seulemcnt will ravel ve thc removal of the guardhou~ from thc middle of the road. I believe that the implementntion ora suitable solution to night-time security involving the removal of the guardhouse from the middle of the road c. an be fully implemented within onc year, provided that all parties are fidly supportive Ora comprehensive and permanent solution that will resolve this dispute once and for all. I urge: you to reject the proposed settlement rcc. ently offered by the Associations and to proceed with your appeal ofthe Cede Faiforcemenl Board order. Such a decision by the Board would not preclude the parties fro:n seeking to develop a settlement that would ~esolve the night time security .sought by the Associations and the unimpeded acccss lo the Park sought by the public. Robert A. Butterworlh Attorney General Attachment ] .0 A A'I'I'ACIlMENT OCTOBER 29, 1998, I'ROPOSED SE"I'I'I.EMENT AGREEMENT CONCERNS - AG's OI:FICE i 11619g This list of concerns assumes that all provisiOns regarding apc. nnvalent guardhouse in the middle nf the road have been ~emov 'cd from the settlement. It also assumes that a solution to night time security which docs not involve a lx.'nnanent structure in thc middle of the road has been selected and ap, reed to by all parties to Ihe settlcmczJl. PREAMBLE: (;iven the past disputes between various homeowner grnups within Lely Barefmn Beach, I strongly urge that no .settlement be entered intn mail the Associations provide proof~hat they are the .~lle holders of rera~rd title tn Barefoot lie. ach Boulevard and thc guardhouse, mid that they have thc legal authority to bind all Associations or dcvclol, m. rs who have rights which are affected by this agreement. Otherwise. a subsequent lawsuit couJd be filed ratsing fl~e identical issues which are, suppose, dly, being disposed of ~hrough this proposed settlemt:nt. I)REAMBI.E: The State was not a party to the County's mx. lc enforcement action and is not and will not be bound by any tindings by the Code F. nforcemenl Board or the tindings in a subsequent appellate decision. PARAGRAPH 2: The public already has the right to conduct functions a. nd activities outside normal Park operating hours. Notification of such activities should be provided by the Park in advance os a matter ofconr~esy. There is no need fi~r the restrictions placed in thc propnsed settlement. I'ARA(;RAp/! 3: gJnee it is n~ t'x)sitiou that guardhouse must bc moved oul of thc m~ddle of'the road dm'lng Pa.rk operating hours, we agree tirol the Associations should be allowed to "improve" the guardhouse as they deem necessm, y to provide night-time security. However, permits for such improvements should be obtained through nomml County pcmfitting procex{urcs. 'H:ere is no need to assmne that fl~c County will a. ct unreasonably in response to such a reqnest. If thc guardhouse is moved from thc middle ofthe road, there would be no need to nmnitor operation of thc guardhouse during the hours the Park is in operation. PAIiA(;RAP! ! 4: We c. oncur that, as aa interim measure, the gatcs on the g~mrdhou.sc .'~hould be iemove, d during normal Park operating hours and during lx::riods when O~e i~ark is op, t , for nomm/ly conducted night-time activities. PARAGRAPI! .~: While the release o£ihe Cotmly from paragraph g of thc I~se/Acc~ss Agreemen! is appropriate, the Sla~ wus nol a pauly Io thai agreement and has never agreed imposttion of Ibis and othe~ restrictions contained iI~ Itmt agreement. I'ARAGRAI'II 6: We concur that the installation of addiLional signs is both necessary appropriate, l lowever, the language ofinformatiorud signs, their location, and their design should be the responsibility' of the County .,;ubject to State approval. The understanding of the parties should be thal Ihe signs will fi~lly inform the public about the Park m:d also harmonizc with the design of.signs which have been erected by the Asmciations. PARAGRAI'II 8: Dismissal of the circuit coua action must be with thc co~sent of all thc parties. PARAGRAi'll 10: Imposition ofinjtmctive relicfsi,ould accomplish lhe purpose of the proposed agrcemenl PARAGRAPH 11: The State cannot enter into an agreement wJfich provides for paymen' ofprevailini; party atlomeys' fees: The State is subject lo cOsLs ItS is alay other party. MEMORANDUM DATE: TO: FROM: THROUGH: SUBJECT: December 4, 1998 B°ard~mmissioners Ramiro 1VIafialich, Chief Assistant County Attorney David C. Welgei, County Attorney ~ Item 10(A) on the December 8. 1998 Board of County Commissioners Aeenda entitled Aeconsideration of settlement agreement with Lely Barefoot ~each ½tomeowners A~:~ociation regarding the/.el)' Guardhouse For your inlbrmation and review, I am attaching a copy of the original Agenda Item No. 10(A) entitled Report l?egarding the Stcmts of the [.el), Guardhouse Controversy that was heard at your November I0, 1998 meeting. This material is not part of your aeenda package for the December 8, 1998 meeting. ~ Also enclosed for your information and review is a copy of the Recaps for the meetings of November 10, 1998 (original date this item was heard and approved), November 17, 1998 (date that the request for reconsideration was made and approved), and December 1, 1998 (date that the reconsideration item was to be heard but ',,,'as continued for one week for assurance that the public had adequate notice and to make sure it showed on the printed agenda of December 8, 1998). The minutes from these meetings are not yet available. I hope this information is of assistance to you. If you should have any questions regarding the materials provided, please feel free to contact me. &'ad& h publlc/dc~mernoq 199.~ IICC rc I.ely Guatdhou,,¢ rcconstd~..ral~on cc: Robert F. Fernandez, County Administrator (w/attachments) Novcmb~r 10. 199g RcSul~ mcclin~ recap Page I of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 10, 1998 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 ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST DAYS PRIOR TO THE DATE OF THE ~ETING 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 M~Y NEED TO ENSURE THAT A VEREATIM RECORD OF THE PROCEEDINGS IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. A//, REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PER~ISSION FOR ADDITIONAL TIME IS GI~ED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTy COM~ISSIONERS. OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. ~NVOCATION - Reverend Jay Kowalski, First United Methodist Church 2. P_LEDGE OF AJ~LEGI~ICE 3. APPROVAL OF AGENDA AND CONSENT AGEND~ Approved and/or Adopted with changes 4/0 (Commissioner Constantine out) A. APPROVAL OF COHSENT AGENDA B. APPROVAL OF SU~2~ARY AGENDA Vote on Item ~lTS 4/0 (Commissioner Constantine voted on this item only and Commissioner ~ancock abstained) C. APPROVAL OF REGULAR AGENDA 4. 6PPROVAL OF MINUTES Approved as presented - 4/0 (Commissioner Constantine Out) A. October 20, 1998 - Regular meeting. 5. PROCLA24ATIONS_AND SERVICE AWA~D~ A. PROCLAJ~ATIONS 1) Proclamation proclaiming November 22-29,1998 as Traditional Family Values Week. To be accepted by the Reverend Jane Wallace, President Greater Naples Ministerial Association and Reverend David Mallory, President Evangelical Ministerial Assocation. Adopted - 5/0 http:/Avww.clcn'kcollier.fl us/bccrecaps/1998/nov 1098rhlm 12/4/98 Novem~v 10. 1998 Rcg'ul~ mcct~ng rcc~p 2) Proclamation proclaiming the week of November 8-14, 1998 as Youth Appreciation Week in Collier County. To be accepted by Mr. Gerald Neff, Secretary, Naples Sunset Optimist Club. Adopted - 5/0 B. ~ERVICE AWARDS C. ~ Presentation of plaque of appreciation to Commissioner Hancock by Chairman Berry. 6. ~PPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. ~UBLIC PETiTiONS 8. ~OUNTy MANAGER's REPORT A. ~OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICE:~ B. ~UBLIC WORKS 1) Approve an Amendment to the original Developer contribution Agreement with Long Bay Partners for construction of Livingston Road North of Immokalee Road, including Board apprcval for staff to prepare and execute a Supplemental Agreement with Hole, Montes and Associates, Inc. for Raodway Design Revisions Staff recommendation Approved w/changes - 5/0 Added 2) Introduction of Jeff Bibby, Public Works Director C. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners authorize a contract amendment for design services for the new Domestic Animal Services facility Option ~2, as outlined in the Executive Summary - Approved 5/0 D. ~uPPORT SERVICES E. ~OUNTY MANAGER 1) Proposal to begin scheduling regular Board of County Commissioner Meetings on the second and fourth Tuesday of each month beginning in January 1999 Approved - 5/0 Added 2) Letter to Sheriff identifying changes to the FY 99 budget request. (County Administrator) Approval to transmit letter - 5/0 F. ~IRPORT AUTHORITY 9. COUNTy A_TTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERg A} Report regarding the status of the Lely guardhouse controversy (Commissioner Hancock} · Agreement approved w/changes -4/1 (Commissioner Mac'Kie opposed) Added~ B) Report regarding North Naples Masterplan l'~gc 2 of 7 http:/Arww, clerk.collk, r. fl.us/bccrecaps/199g/nov 1098r. htm 12/4/98 November 10, 1998 Re~I~ m~ting recap Staff to initiate a Town Pall approach 5/0 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFPICER~ B. PUBLIC COMMENT ON GENERAL TOPIC~ David Sheely regarding scenic highway booklet Page 3 of 7 pUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEM:; 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-98-11, Mr. Robert Duane, AICP, of Hole Montes and Associates, Inc., representing Steve Houston, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit' Development to be known as Tamiami Professional Center PUD for property located on the east side of Tamiami Trail North (US 41) on the suth 200 feet of Section 15, Township 48 South, Range 25 East, Collier County, Florida Ordinance 98-90 - Adopted with changes 5/0 2) Petition PUD-98-14, Geroge L. Varnadoe, of Young, Van Assenderp & Varnadoe, P.A., representing Granada Shoppes Associates LTD., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Granada Shoppes PUD for mixed use commercial development consisting of a maximum 390,000 square feet of gross floor area inclusive of retail, office and service land uses for property located at the southeastern quadrant of the intersection of U.S. 41 and Immokalee Road (C.R. 846) in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 39.2+ acres. Ordinance 98-91 - Adopted with changes 5/0 C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS !) Petition SV-98-2, William D. Keith, Esq. Reprsenting John P. Cardillo and Daniel R. Monaco requesting 15 foot variance from the required setback of 15 feet established for signs to 0 feet along Tamiami Trail East and a 5 foot variance from the required setback of 15 feet established for signs to 10 feet along Osceola Avenue for a pole sign for an existing law firm located at 3550 East Tamiami Trail in Section 15, Township 50 South Range 25 East, Collier County, Florida. ' Resolution 98-463 - Adopted 5/0 Withdrawn 2) Petition A-98-5, Klm Patrick Kobza, of Treiser, Kobza & Volpe, P.A., representing the Southpointe Yacht Club at Windstar Marina, and Glenn Oakes, Lee Flandreau and Jack Fink, requesting an appeal of a determination of insubstantial change to the Southpointe Yacht Club PUD Master Plan, adopted by ordinance 88-82, as amended, rendered by the Planning Services Director pursuant to the provisions set forth in Section 2.7.3.5.2 of the Collier County Land Development Code. 3) Petition V-98-18, C. Dean Smith of Q. Grady Minor representing Victoria Lakes Condominium Associates, requesting a 23 foot variance from the required 30 foot front yard to 7 feet along Berkshire Street and Nottingham Drive for carports for a property located in North Naples, approximately one mile south http://www clerk collicr, fl.us/bccrecap.cd1998/nov1098r.htm 12/4/98 November 10, 1998 Rcfful~ meeting recap Page 4 of Immokalee Road on the west side of Airport Road, in Section 20, Township 48 South, Range 25 East, Collier County, Florida. Resolution 98-464 - Adopted 4/0 (Commissioner Mac'Kie out) 4) Petition A-98-4, Wendell R. & Diane L. Keene, requesting an appeal of the Collier County Planning Commission's approval of Petition BD-98-26 on August 20, 1998, for property located at 400 Willett Avenue, further described as Lot 10, Block N. Connors Vanderbilt Beach, in Section 29, Township 48 South, Range 25 East, Collier County, Floirda. Appeal Denied - 4/0 (Commissioner Mac'Kie out) 5) THIS ITEM HAS BEEN CONTINUED TO NOVEMBER 24, 199~, Petition V-98-19, Jay Malamphy, representing Gulf Coast Development Group, L.C. requesting approval to increase the maximum permitted floor area ratio of .45 to .66 to construct a building with a maximum of 225,291 square feet for an Independent Care Living Facility a~.d Assisted Care Living Faciltiy for property located to the south of Vanderbilt Beach Road Extension, north of Arbor Boulevard, and west of Vineyards Boulevard, further described as Tract S-l, Vineyards Unit 3, in Section 5, Township 49 South, Range 26 East. 6) THIS ITEM HAS BEEN CONTINUED TO NOVEMBER 24, 199R, Petition V-98-8, Bill Hoover of Hoover Planning, representing Roger D. Withers and OPM-USA-Inc., requesting approval of a 65 foot height variance from the required 185 feet to 250 feet for an existing 180 foot communications tower located at 5630 Taylor Road, within the J & C Industrial Park, in Section 11 Township 49 South, Range 25 East. ' B, 9THER 14. STAFF'S COM]~I~NICATIONS 15. BOARD OF COUNTY COM}{ISSIONERS' COMMUNiCATiON, 16. CONSE~ AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed form the Consent Agenda and considered separately. Approved and/or Adopted - 4/0 with changes (Commissioner Constantine out) Item #lTB was a 4/0 vote with Commissioner Constantine voting and Commissioner Hancock abstaining) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) THIS ITEM HAS BEEN DELETED 2) Recommendation to approve the attached Satisfaction of Lien for Public Nuisance Resolution 98-254 3) Lien Resolutions-Code Enforcement Case Nos. 80605-027 Claude E LaRue; 80608-063 Boris & Emogene Pukay; 80610-059 Thales Delorenzi & Patricia Campelo; 80708-124 Philip Pierre; 80709-064 Edward J & Laverda Pelc Res. 98-443 through 98-447 4) Lien Resolutions-Code Enforcement Case Nos. 80413-061Valentin & Migdalia Gonzalez; 80413-064 Shang Mei Huang; 80413-064 John Pagliaro TR Res. 98-448 through 98-450 5) Lien Resolutions-Code Enforcement Case Nos. 60522-087 Gary L & Nancy C. Seward; 80514-028 Lloyd G Sheehan; 80622-009 Connie Simon & Marlo Pikul Res. 98-451 through 98-453 htrp:l/www.clcrk collh.'r I1 u.'~bccrccap~1998/nov1098r him 12,'4/9~ November I0. 1998 Regular meelin[~ recap Page 5 of 7 6) Lien Resolutions-Code Enforcement Case Nos. 80224-019 Ralph & Graciela Terry; 80226-050 James R Colosimo TR C/O Naples Realty Services Inc.; 80392-052 Ivan Magana; 80316-040 Rodney Bushnell; 80323-161Esteban Tamayo Res. 98-454 through 98-458 B. PUBLIC WORKS 1) Apporve Work Order CDM-FT-98-!2 for related engineering and organizational services related to optimization operation and maintenance practices at the North and South County Regional Wastewater Treatment Plants. In the amount Of $85,100,00 2) Approve a Road Impact Fee Credit in the amount of $2,802.74 for the former Chamber of Commerce Building on U.S. 41 in the City of Naples. Continued to I1/2a/98 3) THIS ITEM HAS BEEN DELETED 4) Approve BidS98-2872 and Bid#98-2873 for the purchase of three crew cab flatbed dump trucks and three, five cubic yard dump trucks in the amount of $243,198.00. To Wallace International, Inc. 5) Approve a Developer Contribution Agreeement with Ocean Boulevard Partnership and Ocean Boulevard Partnership II ("Developer") for the contribution of land to the Florida Department of Transportation ("FDOT') for right-of-way necessitiated by the widehing of U.S. Highway 41. 6) Approve a Developer Contribution Agreement with Collier Development Corporation ("Developer") for the contribution of land to the Florida Department of Transportation ("FDOT") for a water management detention area necessitated by the widening of U.S. Highway 41. 7) Approve a Developer Contribution Agreement with Ocean Boulevard Partnership South, LTD. ("Developer") for the contribution of land to the Florida Department of Transportation ("FDOT") for right-of-way and drainage necessitated by the widening of U.S. Highway 41. C. PUBLIC SERVICES 1) Approval of a Cossession Agreement amendment between the Association of Unit Owners of the Registry Hotel at Pelican Bay, Inc., (The Registry) and Collier County to provide an expansion of the deck and improvement of the kitchen facilities at the Clam Pass Beach Park. D. SUPPORT SERVICES 1) This Item Deleted 2) Approval of Budget Amendment to Complete the PC Modernization Project 3) Unanticipated Expenditures Relating to a Water Break In the amount of $16,175.00 E. COUNTY MANAGER 1) Budget Amendment Report 99-025 & 99-030 F. BOARD OF COUNTY COMMISSIONERS O. MISCELLANEOUS CORRESPONDENCE 1. MISCEL/2%NEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. http.//www.clcrk collier.fl.us/bccrecaps/199g/nov ! 098r.htm 12/4/98 November I0, ! 99g Regular meeting r,.'c,~p Page 6 of 7 H. OT~R CONSTITUTIONAL OFFICERS Z. COtmT¥ ATTOR~B¥ J, AIRPORT AUTHORITY 17. SbT{MARY AGENDA - THIS SECITON IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOI.LOWING CRITERIA: 1) A RECOmmENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECO~fENDATION 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 CCM)4ISSION, 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 V-98-14, Mark & Ann Hunter, requesting an After-the-Fact Variance of 6.9 feet from the required side yard setback of 30 feet to 23.1 feet for property located at 21210akes Boulevard, further described as the south half of Tract 13, Golden Gate Estates Unit 97, in Section 29, Township 49 South, Range 26 East, Collier County, Florida. Res. 98-459 B) Petition PUD-98-10, Mr. Robert Duane, AICP, of Hole, Montes and Associates, Inc. representing Jim Colosimo, Trustee, requesting a rezone from "E" Estates to "PUD" Planned Unit Development to be known as Cambridge Square PUD for property located on the north side of Pine Ridge (C.R. 896), approxomately 300 feet east of Livingston Road in Section 7, Township 49 South, Range 26 East, Collier County, Florida Ord. 98-89 - Adopted 4/0 (Commissioner Constantine voted and Commissioner Hancock abstained) C) Petition V-98-15, R. Bruce Anderson, representing Ronald L. Glass, President of RSG Family Limited Partnership- I~mokalee, requesting a 30 foot After-the-Fact Variance from the required 30 foot front yard to 0 feet along the Northern front yard, an 11 foot After-the-Fact Varaiance from the required 30 foot front yard to 19 feet along the eastern front yard and a l0 foot After-the-Fact Varaince from the required 30 foot front yard to 20 feet along the southern front yard of an existing apartment complex in Immokalee. Res. 98-460 D} Petition VAC-98-019 to disclaim, renounce and vacate the public's interest in a 5.5' by 45' portion of right of way on Delaware Avenue, located in Section 4, Township 47 South, Range 29 East, Immokalee, Florida. Res. 98-461 Withdrawn E) Petition AV-97-031 to disclaim, renounce and vacate the County's and the public's interest in a 60' wide road right of way shown as "Pelton Avenue" on the plat of "Burdale" as recorded in Plate Book 4, Page 2, Public Records of Collier County, Florida and being located in Section 11, Township 50 South, Range 25 East. F) Petition AV 98-016 to vacated a 12' wide drainage easement between lots 31 and 32, Block B, according to the Plat of "Collier's Reserve", as recorded in http://www clerk c~llicrfl u.qbccrec:,ps/1998;nov1098r htm 12/4/98 November10,199gRegul~ mccfingrec~p Pnge7of7 Plat Book, 20, Pages 59 through 87, Public Records of Collier County, Florida and to accept a 12' wide drainage easement as a replacement easement. Res. 98-462 18. ADJOURR INQUIRIES CONCEP~NING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOK'S OFFICE AT 774-8383. http:l/w~s~'.clcrk collicr.fl.us/bccrccaps/1998/nov ! 098r.htm ~ 1214198 November I ?, 199g Regular meeting recap Page I of 4 co,.,E, couNTy 1 C BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 17, 1998 9:00 a.m. Notice: All per~.n~ ~ L~hing lu H~eak .n any agrnda i~e~n mu~l register in'i.r tu ~peakin~ SPEAKERS MUST REGISTER WITll TIlE COUNTY ADMINISTRATOR PRIOR TO Tile PRESENTATION OF TIIE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS TIlE BOARD ON SUPERS ~VIllCll ARE NOT ON TIIIS AGENDA MU~ BE SUBMITTED IN WRYING WITII EXPLANATION TO ~ lie COUNTY ADMINISTRATOR AT LEAS~ 13 DAYS l'RIOR TO Tile DATE OFTIIE blEETIN'G AND WILL BE ItEARD UNDER "PUBLIC PETITIONS". ANY PERSON WIIO DECIDES TO API'EAL A DECISION OFTIIIS BOARD WILL NEED A RECORD OFTliE PROCEEDINGS PERTAINING TIIERETO, AND TllEREFORE MAY NEEDTO ENSURE TiIAT A VERBATIM RECORD OFTHE PROCEEDINGS IS MADE, WI{ICH RECORD INCLUDES TIlE TE~IMONY AND EVIDENCE UPON WIIICll TIIE APPEAL IS TO BE BASEl). ALL REGI~ERED PUBLIC SPEAKERS WILL BE LIM~ED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADD~IONAL TIME IS G~NTED BY TIlE CIIAIRMAN. ASSI~ED LISTENING DEVICES FOR TIlE IIEARING IMPAIRED ARE AVAIlaBLE IN TIlE COUNTY COMMISSIONERS' OFFICE. ~' I.UNCII RECESS SCIIEDULED FOR I~:O0 NOON TO 1:{}{} P.M. I. INVOCATION - Falher William Krha.~c% St. Kalherinr'~ Orth,~lHx Church 2. PLEDGE OF ALLEGIANCE A. SWEARING IN OF COMMISSIONER MAC'KIE AND COMMISSIONER EI.EL'F JAMES D. CARTER. Ph.D, William Black~ ell APPROVAL OF AGENDAS Appraised and/or Ad.pted ~/chan~e~ -~,0 A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGUI.AR AGENDA. 4. APPROVAL OF MINUTES 5. PROCLAMATIONS AND SERVIC'E AWARDS A. PROCLAMATIONS !. Proclamafi.n pr.claifnin~ ~rek of N(~cml)er 22-28, 1998:1~ Fumn City Wee~ 'F. be actepled by 31r. ChrL~ DeCubellL~. AR~ iculture ami I.i~esl.ck A~enl. Ad.pled - 5/0 2. Pr.clamati.n rrc.gnizin/4 the effisrts .f Mr. Skip Camp. Ad.pled - 5/0 B. SERVICE AWARDS Prr~enled 1. Su.~an Peck, LibraL-y- 5 )rat's 2. Ranmsla Daug~, D..~e~tic Animal Sel'~icrs - $ .~eal-s 3. Nancy Adler, Code Enforcertiellf - I0 )eal~ A. PRESENTATIONS 1. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CIIANGESTO RESERVES FOR CONTINGENCIES. :2. PUBLIC PETITIONS htlp'/Avv, w clerk collier flu '.ffhccrccapdl 9').R/n,v 179X1' him 12/4/98 };ovcrnbcr I 7.199X Rcgular mcctmg recap .1. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I. st.rr analysis nf tile TourLsl Development Tax Program Page 2 of 4 RClmrl Pre.scntcd and SIM fl to set up W.rk, dmp 2. Approve funding fi~r the Tourhm Alliaoce of Collier County, the Naples Area Chaml)er of Commerce. and the Marco Island YMCA Naples A~a Chamt~r of Commerce ~mendmenl onl)' - Appeased - 4/I (Commhsioner Constantine Opted) 3. Dhcuss Ordinance No. 96-78. the Collier Count' Code Enfi)rcement Board Ordinance. to consider the sunsetting or ~ C~e Enforcement Board. Oplion I Appro~'ed - 4/0 (Commhsioner Con~lantine Oul) B. PUBLIC WOR~S 1. Report on thc u~e :ff Fund 195 is ~ source nf local inalching funds f.r the Lake Truffi,rd reslorilhm projecL Relmrt Acceph'd CONTINUED TO DECEMBER 1, 1998 2. Approve Ihe Li~in~l.n Rood ulilily facililies reimbursement and co.lril)ulion .grecmenL C. PUBI.IC SERVICES D. SUPPORT SERVICES I. ,Ma~ler Spare l'l:ln f:~r Ihe M:lin (;.~ernmcnl Cmnplvx. Apl)rO~ ed - 4,0 (Cmnmi~4.ncr Conshmline Oul) E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOAR[) OF COUNTY COMMISSIONERS ADDED A. Request fl~r recon~idcrali.n of ~ly Gu.rdlmuse Issue (Commissioner Cmislaoline) Applied - 3~ (Commhsioner BeeD' and Commksioner No~h Opp.sed) OTllER ~EMS A. OTllER CON~ITUTIO~AL OFFICERS B. PUBLIC COMMENT ON GENERALTOPICS David Sheal) regarding Skunk Ape lnd the Everglades Ty Ag.~l.n regarding Tax I:a)el~ Paflicipaliun in Board Mrelings PUBLIC llEARINGS WII.L BE IIEARD IM,M£DIA'IE[.'~' FOLLOWING STAFF ITEMS 7. ADVERTISED PUBLIC llEARINGS. BCC A. COMPREllENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTIIER 8. BOARD OF ZONING APPEAI.S A. ADVERTISED PUBLIC IIEARINGS B. OTIIER 9. STAFF'S COMMUNICATIONS Conuni.ssi.ner Bert)' Appoioled lo the FACC- 4/0 (CommL. s~im~er Cm~stuntine ~ul) 10. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS Commissioner Mac'Kie regardiog a hearing befiwe the Ethics Commls~ion 16. CONSENT AGENDA - All matters listed under this item sire considered to be rnutine and action ss'ill be taken by one motion hltp://www.clcrkcollicrfl.u.qlmcrccaps/1998/nov 1798r him 12i4/98 November 17, 1998 Regular mcaing recap Page 3 of 4 *vithoul .p-rate discussion or ,,ch il,~ Ir d~cusslun ~ desired b)', re,tuber COn.hi A~end..nd considc~d App~ved and/or Adopted wilh changes- 5/0 A. COMMUN~Y DEVELOPMENT & ENVIRONMENTAL SERVICES I. A pp~val of a re~)lufion to ~vhe the poliO' and procedures for vacaHon and armament of plata or ~rtions of plat~ of subdivided land, road righl-uf-way, alle)~'ays, and public dedication easements conveyed lo the Count' or public by grant of ea~cn~t, nl or similar inntrumeol ~corded in the Public Record~ Re~olution 98--168 Wilh Recommendation fo approve Curmnercial Excavation Pem~it No. 59.664, "Jackle Weeks llomesite and Co~ercial Ezcavation" located in Section 29, Tu~'nship 47, Soulh, Range 28 East; Bounded on the north, ensL south, and ~rest hy vacant land zoned Estates, and aLnu mi the south I)y 66th Ascnue, N.E. stipulations ADDED 3) Request fo sppruve fur recordiog the Final Plat of North Collier Industrial Cenler and approval of the performance security. (Staff's Request) ADDED 4) Request fo approve the Final Plat of Jasmine Lake (Staff's Request) B. PUBLIC WORKS 1. This item has been deleted. 2. Amend Construction Management Cmmtract for the South Naplt.~ Community Par~ Project 80037. 3) To approve the assignment of lhe Professional Se~ice~Ma.ugcment Cootract ~he Agreement) between Ga~' L Mover, P.A. ("Moyer"} and Collier County dated October 6, 1992 f.r Management Advi~m}' St't~iccs for Pelican Bay S~ices ' Dhi~ion (Pelican Bay Municipal Taxing nod Benc~t UniO t. Severn Trent Environmental Sec'ices, loc. ("ST"} C. PUBLIC SERVICES I. A ulhm'~c itln/allalim~ and funding uf uddili.nal humidity control t'quJfmlent in Ihe Medical Examiner's building. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR I. Approval of changes lu Ihe Senior ~lallagtlllCllt Friuge Helical Plan. 2. Budget Amendmenl Reporl Budget Amendtnen! ~9-027 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE I, Miscellaneous items fo file for record ~ith action as directed. H. OTilER CON~ITUTIONAL OFFICERS 1. Reco~end Ihal the Collier Count' Conun~im~ end.~e Ihe United Slates Department ufJualice Federal Equitable Sharing Annual Certi~caHon Repo~ 2. Recommend thai Ihe Board of County Cunmdssione~ accept the Local Law Enforcement Block Graols Program A~'a~ from the U.S. Depa~ment of Jusltce and apps~ve the Budget Amendmen~ 3. Rec~endalion Io app~ve lhe use ofcon~aled I~nt funds lu purchase crime prevention materiah. L COUN~A~ORNEY J. AIRPORT A~IIORITY 17. SUMMARY AGENDA. Tills SECTION IS FOR ADVERTISED PUBLIC IIEARINGS AND MUST MEET TIlE FOLLOWING CRITERIA: 1)A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY Tile COLLIER COUNTY PLANNING COMMISSION OR OTIIER AUTtlORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; .3) NO WRITTEN OR ORAL OB3ECTIONS TO TIlE ITEM RECEIVED BY STAFF, Tile COLLIER COUNTY PLANNING COMMISSION, OTllER AUTIIORIZING AGENCIES OR TIlE BOARD, PRIOR TO TilE COMMENCEMENT OFTllE BCC MEETING ON WIIlCll TIlE ITEMS ARE SCltEDULED TO BE IIEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO TIlE ITEM. 18. ADJOURN http://www.clerk collicr.fl.us/bccrccaps/199g/nov 1798r him 12/4~98 November 17. 199g Rcgtdar m¢ctinlz recap [NQUIRIES CONCERNING CIIANG~.S TO TIlE BOARD'S AGENDA SIIOULD BE MADE TO TIlE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. hltp://wxs'w.clcrkcollicr, fl.us/bccrccaps/! 998/nov 1798r.htm 12/4/98 Dcccrnbcr I, 199R Regular mccfing rcc,,p COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page I of 5 AGENDA December 1, 1998 9:00 a.m. Notice: All peruJns vvLshing lo speak on asa)' agenda ilt'm musl regisler prior to spanking. SPEAKERS MUST REGISTER WITI! THE COUNTY ADMINISTRATOR I..'RIOHTO TIlE PRESENTATION OF TIIE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS TIlE BOARD ON SUBJECTS WIIICll ARE NOT ON TlliSACENDA MUST BE SUBMFFTED IN WRITING Wffll EXPLANATION TO TIlE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO Tile DATE OF TIlE MEETING AND WILL BE llEARD UNDER "PUBLIC PETITIONS". ANY PERSON ~,'110 DECIDES TO APPEAL A DECISION OF Tills BOARD WILL NEED A RECORD OF TIlE PROCEEDINGS PERTAINING TIIERETO, AND TIIEREFORE relAY NEED TO ENSURE TllAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS MADE, WIIlCil RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WIIlCli Tile APPEAL IS TO BE BASED. ALL REGISTER ED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (S) MINUTES UNLESS PERMISSION FOR A DDITIONA L TII$1E IS GRANTED BY TIlE CllAIRI~IAN. ASSISTED LISTENING DEVICES FOR TIlE IIEARING IMPAIRED ARE AVAILABLE IN TIlE COUNTY COMMISSIONERS' OFFICE, [.UNCil RECESS SCliEDUI. ED FOR 12:00 NOON TO i:0(! P.M. I. INVOCATION. Resercnd Dasid Wt~erner, East Naples United Math.d/st Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS Approsed and/or Ad~)pled ss'/changes - $10 A. APPROVAL OF CONSENT AGENDA. B, APPROVALOFSUMMARYAGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES ~. PROCLAMATIONS AND SERVICE AWARDS A. PROCLA I'qATIONS MOVED TO 5C2 1. PJ'escntaliun of all Outstanding Public Inlerest Pre,jeer Avsard fl'.ns the Departmen! (ff Environmental Protection Bureau of Mine Reclamation fur the Slate Road 951 Borross Pit u! the entrunce to the Fiddler's Creek Devehspment. A. SERVICE AWARDS Presented 1 ) R~muld Nino, Planning Services- 10 .veurs B. PRESENTATIONS ADDED http://',s~'w.clcrk.collicr, fl.us/~ccr¢cap~1998/dcc0198r.hlml 12/4/98 December 1, 1998 Regular meeting recap 1. Presentati.n by John A. YonlaJ~k~. of the Commercial Paper Rebate. (CommL~ioner Berry) Check presented in the amounl of S11,458.59 MOVED FROM Page 2 of 5 2. Presentation of an outstanding Public interest Project Award from the Department of Environment-1 Protection Bureau o1' Mine Reclamation For th(: Slale Road 951 Borru~r Pit al the entrance to the Fiddler's Creek Development (StalTs Request). Pre.coted 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CIIANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Larr)' Bradley representing Mayflower Congregational United Church requesting a refund of w#ter and sec'er impact fees. Staff to briog back us a regulur agenda item in 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES !. Terrance L Kepple repre,~enting Boy Sc~uts of America, Troop 2'74, re'questing a ~uiver .f a TemporaQ' Use Permit fee fur an antique and cla,lsic car show to be held un December 12, 1998 at 2550 hnnmkulee R~ad, Collier County, Florida. A ppr~ved - 5/0 2. Staff ~co~endation~ on opflon~ ~or the c~aflun U.S. 41, ~uth of Ihe Collier.~e count' llne, completion schedule for each or the opthms Repo~ p~Tsenled and direction Io move B. PUBLIC WOR~ C PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINIST~TOR F. AIRPORT AUTHOR~Y 9. COUNTY A~ORNEY'S REPORT A. Repo~ Io the Board ~ith re,peel to the lu~suit entitled Laverne Blanford v. C~Hier Count).. et al, case m~. 97-209-CIV-~M.26D / Direcfi,n Staff lo offer Settlement up h~ SlO,000, ith prejudice; if nu settlcmenl accepted fl~en Staff to proceed to coup. 5/0 10. BOARD OF COUNTY COMMISSIONERS ADDED A. Reconsideration of Lely Guardhouse issue. (County Attorne)} To be put on printed Agenda on 12/8 ADDED B. Consideration of motion to reconsider agenda item 1 IA2 (November 24, 1998 BCC meeting) "Discussion with the Board of Count)' Commissioners and the Clerk of Courts Re: Bund Refinancing." (Commissioner Berr)') Board to reconsider in two weeks $/0 http://v,~,'w clerk collier, fl.us/bccrecap..w,1998&1cc0198r.htmi 12/4/98 Dec~nhcr I. 199~ R¢~l~r meetin~ recap ADDED C. Letter to Marco Ci~' Council (Commissioner Norris) Chairman Bert)' to send a letter summarizing previous action 1 I. OTttER FFEMS Page 3 of 5 A. OTIIER CONSTITUTIONAL OFFICERS MOVED FROM 16112 l)Transfer of monies from the General Fund so that Ihe Count)' Probali,n Department cao start and maintain a residenlial electrunic moniloring program Res. 98-480 Approved - 4/0 (Cummissioner Norris out) B~ PUBLIC CObIMENT ON GE. NERAL TOPICS Conunents made by David Shealy regarding Tourist Tax PUBLIC llEARINGS WILL BE llEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC IIEARINGS . Bce A. COMPREllENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS A. OTtiER MOVED FROM 17A I)Recommendution IJ~ Ad,pt an Ordinanre amending Ordinance NO. 96-60 relating lo Ihe les~' of · 2% Tourhl Des'elopment and uddilhmul 1% Tax fl~r,ughoul C, Ilier C. unl) pu~muant lo Ihe local ~spli.n Touri.~! Devel.pment Act prosiding f.r amendmenl lo Secli~n Ihree concerning ~he use of Tax Revenues lu expand ca,egoO' A lo include Sh.reline pn,eclion, enh~ncemenL cle~n-up (~r re~rm'uti,~n ,f inland lakes and rive~ ~,) ss hich ~here Ls public ucce~s. (C.mmL~i.ner C~m~t~nline) Ord. 98-111 4/1 (ConunLssionrr Constantine opposed) 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC ilEARINGS B. OTIIER 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 m~nion o without separate discussion of each item. If discussion is desired by a member of the Board. that item(s) will be removed from the Consent Agenda aod considered separatel.v. Apprused and/or Ad-pied ss/changes - ~0 A. COMMUNITY DEVELOPMENT & ENVIRONMEN.'TAL SERVICES 1) Recommendation to approve attached Satisfaction of Lien fi.' Public NuL~ance Reszdution 97-109 1. Request to apprus'e for recording the final plat of Truon Lakes and apprus'al of the performance securit:..'. W/Letter of Credit. Construction and Maintenance Agreement and stipulations. hup :/Avww.clerk.collier.fl.us/bccrccaps/1998/d¢c0198r.html 12/-1/98 December I, 1998 Regular meeting recap 2. Rrqut~t lo approve Ihe final plal of L'Ermitage at Grey Oaks. W/Construction and Maintenance Agreement Agreemenl and Performance Bond .3. Request lo approve the final plat of"Grey Oa'~ Unit Thirteen" W/Construction and Maintenance Agreement and Perfnrmnnce Bond B. PUBLIC WORKS I) Petition Tbl 98-05 fi)r Ihe Neighborhood Traffic Management Program (NTMP) lo install additional traffic calming measures o, King~ Way ~ ilhin the Foxfire Communit)'. !. Approve Budget Amendments recngnLting CarQ' Fm'~ ard funds for Ihe Airpo~-Pulling Road Bridge Construction Project (Bid No. 98-2830). In the Amounl of SL 79,897.22 2. Approve a change in Ihe designated holida)s for Solid Waste Collection and Landfill Operations Cm~tracto~ Deletion of d~e New Year's Day holiday and the addition of Ih~ 4th of~uly holiday, effective ~anua~' 1, 1999. 3. CONTINUED TO 12,'15/98: Approse fl~e Li~ingslon Ruud Utility Facilities Reimbul~ement and Contribution Agrremer)l (SfafVs Requesl). 4. A~'ard Contract to Mitchell and Shwk ConMl'BClion CtJnlpany, Inc. Io con,tract Reuse Water System Sec'ice Connectionn. Bid 98-2874, P~ject 74020. In the Ulllounl of $476,570.00 G PUBLIC SERVICES I. A~'ard Work Order to repair Ihe dock and sea ~all al Caxambas Par~ To Varian Conslruclion Co. In the amount of 560,840.00 D. SUPPORT SERVICES Page 4 of 5 !OA F. BOARD OF COUNTY COMMISSIONERS A. MISCELLANEOUS CORRESPONDENCE 1) ML~cellaneous items to file for record with action as directed. II. OTIIER CONSTITUTIONAL OFFICERS !. Approval of a second amendment to lease agreement bet~veen Collier Count)' and Jeanne L Noe, as Trustee of the Jame~ R. Noe 11 Recovable Trust. MOVEDTOIIAI 2. Transfer of monies froin the General Fund so Ihal the CnUIII?,' Pr(al)alton Department can slart and maintain a residential electronic monitoring program. I. COUNTY ATTORNEY http://www.cletk collier flu.',;A~ccrccap~'1998/dcc019~r html Res. 98-47X 4) Reconnncndaliorl lo accept staff's short lint of Construclion Man:~gcrnent at RL'~k Firm~ and Open llouses, Orientation Sc!iai(Jn~, E. COUNTY AD,',IINISTRATOR Budget Anwndmcnl Rcp(Jrl BA-994)59 1214/98 I ) Approval of a Tt,~er Option and Lease Agreement het~veen Collier County and Bellsouth Mobilily, Inc. Approval to a~uJ'd bid #98-2877 to United Mechurlicui and B&I Contractors h)r on call mechanical contracting. Approval of a Resolution raft f)lng specific expenditures for Training Sessions, Job Fairs and Open Houses, Orientation Ses.~ions, Kick-Off Mecting~ and Planning Work, dsop~ as seFving a valid puhlic purpose. D¢ccml~r I, 199X Regular meeting recap Page 5 of 5 I. Request by the Collier County ilealth F·cillties Authority fi~r approval uf · resolution authorizing the Aulhoritv to bsue revenue bonds to be used to ~n·nce heahhcnre facilities ~ur Ihe Cleveland Clinic. ' Res. 98-479 J. AIRPORT A UTilORITY 17. SUMMARY AGENDA- Tills SECTION IS FOR ADVERTISED PUBLIC IIEARINGS AND MUST MEET TIlE FOLLOWING CRITERIA: I)A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY Tile COLLIER COUNTY PLANNING COMMISSION OR OTttER AUTIIORIZING AGENCIES OFALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OILIECTIONS TO TII E ITEM RECEIVED BY b~rAFF, TIlE COLLIER COUNTY PLANNING COMMISSION, OTiiER AUTIIORIZING AGENCIES OR THE BOARD, PRIOR TO TIlE COMMENCEMENT OF TilE BCC MEETING ON WllICH TIlE FFEMS ARE SCilEDULEO TO BE IIEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO Tile ITEM. MOVED TO 12Cl A. Recommendation to adop! ,,n ordinance amending Ordinance No. 96-60 relating to the les)' of a 2% Tourlsl Development Tax and an ·ddition·l !"/. Isz Ihroughou! Collier Count)' pursua.t to the Local Option Tourist Development Act, Section 125.0104, Florida Statutes, providing for amendment to Section Three concerning the use of tax revenues Io exp·nd Catego~' A to include shoreline prolecthm, enhancement, clean-up or reslorafion of inland lakes and rivers to which there is public access; providing for cmdlJc! and severabilil-v: pros iding f.r inclusim~ in Code of Lasts and Ordinances; and providing for an effeclive dale. ' 18. ADJOURN. INOUIRIES CONCERNING CllANGES TO TllE BOARD'S AGENDA SIIOUI.D BE blADE TO Tile COUNTY .A DMINISTRATOR'S OFFICE AT 774-838~L http J/w~'.clerk.collier. fl.us/bccrecnps/1998/dec0 ! 98r. html 12/4/98 IOA EXECUTIVE SUMMARY REPORT REGARDING TIlE STATUS OF THE LEI,Y GUARDHOUSE CONTROVERSY. OB.IECTIVE: This is a report to the Board of County Commissioners regardiiag thc settlement/litigation options in the Lely Guardhouse controversy. This report is made pursuant to the Board's direction at the March 11, 1997 meeting of the Board designating Mr. Hancock as the County Commission representative to explore settlement/litigation options in this matter. CONSIDERATIONS; The controversy surrounding the erection of a guardhouse on the only road serving a private residential community as well as State and County park lands has existed for approximately ten (I0) years. There are presently two cases in litigation involving the County in relation to this subject. First, there is the case entitled Lely Barefoot Beach Proiverty Owners Association and Lely Barefoot Beach Master Homeowners Association v. Collier CotmO', Case No. 95-0073-CA-01 in which the homeowners associations have sought declaratory and injunctive relief against the County regarding the existence of the guardhouse, as well as related parking and easement issues. Second, there is Collier County v. Lely Barefoot Beach Property Owners Association, Inc. and Lely Beach ttomeowners Association, Inc., Code Enforcement Board Case No. 96-012 and Appellate Case No. 97-1055-CA-TB in which the County has appealed a decision of the Collier County Code Enforcement Board denying the County's charges that the guardhouse is improperly located and impedes public access. At the March 1 I, 1997 BCC meeting, the Board directed that the County Attorney's Office work with Board representative Commissioner Hancock t..o explore litigation/settlement options in this controversy. Specifically, the County Attorney's Office was directed to preserve and pursue the County's appellate remedies in the Code Enforcement Board case while at the same time exploring settlement options with the homeowners associations and the Office of the Attorney General of the State of Florida through the direction of Commissioner Hancock. The following is a summary of the developments which have occurred since March 11, 1997. On March 27, 1997, the County Attorney's Office filed a notice of appeal in the Code Enforcement Board case. Subsequent to the Board's direction on March 11, 1997, I initiated meetings involving the homeowners associations and the County Attorney's Office to determine if the ground work could be laid for a potential settlement of either or both cases in litigation which could be subsequently presented for discussion with the Office of the Attorney General of the State of Florida. The culmination of those efforts was a settlement proposal which was placed on the Board's agenda on October 14, 1997. A copy ofthe proposal and the Executive Summary is attached as Exhibit A. That agenda item was continued to October 28, 1997 in order to afford more opportunity for the Attorney General's Office to coma _°n: settlement. On October 24, 1997a meeting was held at the Office of ,e NOV 1 0 1998 .1 in`,'oMng all the representatives of all the parties to discuss tim proposed settlement. At that meeting, it became apparent that the proposed settlement advocated by thc homeov,'ncrs associations was not acceptable to the Office of thc Attorney General. A letter dated October 31, 1997 from the Office of the Attorney General to the County Attorney's Office outlined the objections of the State to the proposed settlement. A copy of the October 31, 1997 letter is attached as Exhibit B. At the October 28, I997 meeting of the Board of County Commissioners, the Board again continued this matter to allow Commissioner Hancock and the Office of the County Attorney to explore further negotiations with the parties. Between Marct~ ~f 1997 and the Present, thc homeowners a~sociations and the County have filed a series of stipulated joint motions for extensions of time for the County to' file its ap~ellate brief in the Code Enforcemen,'Board appeal ,case. .This has been done in order to' cxhatisi all'" negotiation efforts with all parti'es prior to returning to full' blown litigation.. 'Dh'r:ir~'~ the winicr, spring and summer of 199S additional meetings occurred between tile homco`.vncrs and Count,,' representatives resulting in another proposal which ',,,'as presented to thc Office of the Attorney General on August 24, 1998. A cop>' of the transmittal letters and settlement proposal are attached as Exhibit C. A response to this second proposal from Florida Attorney General Robert A. Buttcr,,vorth ,.','as received by thc County on October 22, 1998. A copy of Mr. Butter,,vorth's response is attached as Exhibit D. Again, the Office of thc Attorney General did not find thc second proposal to be acceptable. Subsequent to Mr. Buttcnvorth's response, County representatives End I met with homeowners association representatives on October 29, 1998 and a third proposal has been submitted to'the' Office of the At'torney General 'on Oct'ober 30, 1998. A copy of that correspondefice is' a~ached · as Exhibit E. ThiS'th.ltd prob'6~/al, addressi~s a n~mber"6f the provisiofis?hic, h';,i~i.~f ~/8h'dir'fi"t6', 'the Office Of the.:Ai'~omey'G~fi'e'ral ificlti~li~g'parkifig, guardhoUse"ar~,s, C;ui';t'~, electroriic Signag~'):'Chief Ai's'ishnt C0i]nty Attorney Ramiro'Ma-fi~iich s transmittal letter,of ihe,' 'settlement ProPosal )equests a (e~p°nse from the Office of the Attorney Ge~'eral prior"t,~ the of this agen~la'itd?fi being Imam by the Board.. As soon as'~;aid response is a,.,;ail~;0i~;"i't wiii b8':"" distributed t° the'Board members. ' ' ' On or before November 4, 1998, thc Count,.' Attorney's Office filed its brief in thc Code Enforcement Board appeal in the Collier Count.,,' Circuit Court. FISCAI, IMPACT: It is cstimatcd by thc County Attorney's Office that ifthis contro`,,ersy is not settled and both litigation cases continue through the thal and appellate court systems, the costs and value of attorney's fees incurred by each ofthe parties to litigation may range as high as $150,000 to S250,000. Thc County will continue to be represcnted by thc County Attorney's Office. There arc no costs associatcd with tile proposed settlement agreement. The electronic sign prc`,'iously estimated to cost S35,000 would be paid for by thc homeowners associations. Litigation costs and fees would be cxpcndcd from County General Fund 001. AGENDA IT[M. No. /~0~ ~' !OV '1 o:'1998 .. iOA GROXWFIt MANAGEMENT IMPACT. None. RECOMMENDATION; That the Board of County Commissioners consider the attached proposed settlement (Exhibit E) and provide direction to the Office of the County Attorney as to how to proceed in the future in this entire matter. PREPARED.By.:.~: ~. · ....': ' '" Timothy L, Hancock ', '."C~mmissi~}ier'District #2 AGENDA ,~TEM EXECUTIVE SUI~LMARY 0A RECOM~LENDATION FOR THE BOARD TO CONSIDER A PROPOSED SETTLEMENT AGREEMENT REGARDING THE LELY BAREFOOT BEACH GUARDHOUSE LITIGATION ' "' OBJECTIVE: For the Board to consider a proposed Settlement Am'cement to resolve' litigation concerning the existence of a guardhoUse on Lel7 Beach Boulevard which serves as the entry point to a State Preserve, Lely Barefoot Beach County park and Lely Barefoot Beach subdivision. " CONSIDEIL, kTIONS: The Board of County Commissioners previously voted to designate Commission Chairman Timothy L. Hancock to pursue discussions with representatives of the Lely Barefoot Beach Property Ov,'ners Association, Inc. and the Lely Barefoot Beach Master Association, Inc., (hereinafter referred to as "HomeoWners"), regarding a possible settlement of litigation involving the County and these two (2) associations stemming from the existence of a guardhouse on Lely Beach Boulevard. Those discussions have resulted in the'attached proposed settlement Agreement (Exhibit 1). ' .. ' . ·: ; . -- '' "~ , ~-' '..,;%.v, .' ' . · ' ' '., · ~. , ·The. prppg~e~ Set.t. lement Agreement attemots to strike' a'bal~V~e h3_t~g,,-; ~,~::~,'ff,~,~'2,i;,;.-' " · · ' · ', - ''';"." " ' - ~ ' . ," ',~ :. r ,,.... ~.. --~.~l...t ' , , ;'--~.-~..,} ~--2,.,,_~,.a ,,a.a~., ~.,~,u~ v~aJ ' ¢Onsldera ..... t4-.,........~ ~ .~..,~::~,,.,., .... :,~/.,...la. ~. ~, . ,.., ,,,,....,. t.!~.ns, of, urc..m, peded pub. llc aeces, s..t.o ,the.$,.ta_,t.e .p,.Le.s~e. and,Lely.Barefoot Beach County.: .,Park along Lely'Beach Boulevard and ~e ..:.-'.', ;'..' .. _..--, ,....:. .... . .:~ . ,. r r ",' ..... .,,.. .u..,ux.)~c.cur~ty, especially at · .'~. rugnmme. '1 ne szgnlhcant provisions of the proposed Settlemeht Agree~'nt' are as follov,,s: ' ' The Homeov.'ners reco~ize the right of unimpeded public access throu~ the guardhouse and along Lely Beach Boulevard to the Park facilities during regular p~k operating hours, each and every day of the year. The County agrees to waive, dismiss and/or release any present'or future claims challen~ng the current guardhouse location. Further, the CounLy does not, and shall not in the future, Object to or contest the rights of the Homeowners to occupy, operate, improve and maintain the guardhouse as set forth in the agreement. The County may reasonably monitor the operation of the guardhouse during daylight hours when the Park facilities are open and the Homeowners may simu!!aneously maintain their ov,'n personnel in the guardhouse. Section Four of the Agreement sets forth the essential terms of euardhouse operation. Of primary importance in this section is the requl['eme~q~lD^ ITEM the gates at the guardhouse shall be in the "uo" oosition · '., AGE.DA gT£H · ' ...... .......... .o: /o,,-/-" 0CT 997 .... o,. ,...g.. hours; the Master Association shall pay a fee to the Collier County Parks and Recreation Department equal to the amount of the average cost of one- half(I/2) ora Ranger each year; the Ranger will serve to inform the public of access and availability of the Park facilities and to provide traffic information; the Property Owners, in their sole discretion, may close the gates across the road after official Park operating hours. The Parties agree that the current nm'nber of parking spaces at the Preserve are at the maximum number allowed by the current Land Management Plan between the County and the State 'of Florida. The County recognizes that, under the current Land Management Plan, there exists an additional one hundred (100) spaces, in excess under the current formula. County, in this proposed Agreerhent, agrees that it shall not add any par'king spaces beyond the present amount unless and until the State of Florida and Collier County, through req6ired publicly advertised and open public meetings, amend the formula Used for carrying capacity at the Preserve. The Homeowners a~ee to unconditionally and completely release the County fi.om the provisions of a prior Use/Access Agreement (Exhibit 2 attached) regarding limiting the number of vehicles accessing the property to the number of actual parking spaces located on the Preserve property. The Parties agree to work t~gether to install informational silage, compatible with the character of the subdivision, to inform/advise the' public of the Park locations, parking fees'and parking sp.~ce availability.. The Parties agree to file a joint Motion' to Dismiss with Prejudice the Circuit Court case seeking declaratory and injunctive relief against the County with respect to the guardhouse location and the number of parking spaces. The County also agrees to dismiss with prejudice its appeal against the property owners resulting fi.om proceedings held before the Collier County Code Enforcement Board. Both Parties agree not to seek costs, expenses and attorney's fees against each other, resulting fi.om the actions which have been flied. The Parties will request that the Circuit Court retain jurisdiction for purposes of enforcement of the A.m'eement. If the Board were to choose to not approve this Settlement Agrecment, then it is anticipated that litigation will continue with regard to the appeal of the Code Enforcement Board case by the County, and the County will also need to continue to defend the Circuit Court action by the Property Owners. This proposed Agreement has been provided to the office of the Attorney General of the State of Florida. The County Attorney's Office will inform the Board as to any remonse from the Attorney General in regard to the proposed Agreement. AGENDA ITEM N0V 1 0 1998 qEN DA ITEM FISCAL IMPACT: If the Agreement is approved, it is estimated that the fiscal impact upon County staff will be $3,000.00 for signage.. Funds would have to be transferred from General Fund (001) reserves for that purpose. If the A~e~ment is ,not app?0ved by'the Board, litigation costs for the trial and app.eal of bbth the Cod~' EnforCement action' and the' Circuit Court action are estimated to be appr. o?mately $5.0,000.00 0r.rn'6re for the County. GROWTH MANAGEMENT IMPACT: Nohe. RECOMMENDATION: That the Board of County Commissioners consider approval of the attached proposed Settlement Agreement in order to resolve the le~,al and political controversy which has raged for approximately ten (I0) years with regard to the'~xistence and location of the guardhouse on Lely Beach Boulevard at the entrance to the Lely Barefoot Beach subdMsion, the State Preserve and the Collier Coffnty Lely Barefoot Beach Park. If the Board approves the proposed A~eement, that the Board further authorize the Chairman to si.ma said Settlement A_m'eement on behalf of the Board, h~thorize the County Attorney to file the necessary dismissal documents in the litigati0n cases involving the guardhouse and approve a budget amendment of S3,000.00 fi.om General Fund reserve~ to the Parks and Recreation Department. If the Board chooses not to approve the proposed Settlement Agreement, that the Board direct the County Attorney's Office to continue to conclusion the COde Enforcement Board appeal a.nd the defense of the Circuit Court action. : Prepared B~ ~-'-~ate: x""~amiro Mafialich . ' : ~--..~ Chief Assistant County Attorney Prepared By: ~'--~=~ ~ ~_~ Date: Thomas W. Olliff '-'~}.,7 Administrator, Public Sen'ices h:'g xezsu ~.'n9 T,Jc lys ctxlc:~gr- em AGENDA ITEM 0V. I O 1998 .. AGENDA ITEM qfc) " 0C I .3 t997 SETTLEblENT AGREEMENT TI-~S SETTLEMENT AGREEMENT, ("Agreement"), is entered into this .... da.,., of , 1997, by and between the Board of Count' Commissioners of Collier Count?., Florida, a political subdivision of the State of Florid.% ("Cotm~'"), and Lely Barefoot Beach Prope,D. Owners' Association, Inc., a Floriaa corporation, ("Properts.. Owners"), and Lei}, Barefoot Beach 5, l~.s-~er Association, L',,c., a Florida corporation, ("Master Association"), (collec-.ively, the Prope~' Ox~ers and M'axter Association ma,,' be referred to as "Homeowners") (md all the parties to this a~reement may be re£errecl to as the "Par~ies"). WIT.YESSETH: WHEREAS, the Property. O~ers and ~Ias~er Association are homeowners associations represe:ting residents of the Lely Barefoot Beach subdi~,'ision (the "Subdivision") locate~l in Collier Florida; · WHEREAS, there is a certain meandering north-south road running thsou~ the subdivision commonly k~o~n as Lely Beach Boulevard (the "Road"); and Vfl'{EREAS, Prope~, Owners o~ the £oilo~g describec[ real properts' comprising the nor,hem mo~ section of the Road: Tract R of Lel)' Barefoot Beach, Unit One, according to the map or plat thereof on file and recorded in the O~ce of the Clerk of the Circuit Court of Collier Count>.', Florida, in Plat Book 12. Paees 34-37, inclusive, more common/), k~o~n as Lely Beach Boule:'~-d ('~ract P."); and V,'H'EREAS, Master Association owns that portion of the Road begi. rming at the southern most point oxt~ed by Propert?. Owners and continuing south to the Road's sour.hem terminus; and Se:'dement Agreement 219851-!.doc of 10/97 Page I of 10 AGENDA ITEH "~o~G EN DA ITEM o C r WHEREAS, in CEB Case No. 96-012, Count.' cited Homemakers for certain violations of the Collier Count' Land Development Code ("LDC") (Ordirm~ce No. 91-102, as amended), and of PYD OrdLnance No. 85-83, and noticed the rrmtter for hearing before the CEB; mud WHEKEAS, in Circuit Court Case :No. 95-0073-CA.-01 and CEB Case No. 96-012, the Homemakers nminmin that the Guardhouse location in the middle of Ro~ in Tract K, appro.~dn~tely 25.2.1 feet south of the pavement line of Bonito Be'~ch Roack is properly permitted by Counb' pursua.ut to Building Perrrdt No. g8-734, and therefore, is lav,/ully located in the Lely Barefoot Beach PUD, in compliance with Collier County. PUD Ordinance No. $543; and WHEREAS, in Circuit Court Case No. 95-0073-CA-01 and in CEB Case No. 96-012, Count' maintains that: the Guardhouse location violates PUD Ordinance No. 85-83, wkich permits an entry gate facilitT to be located in Tract A., not Tract P,, althou_~b, portions of the gatehouse/guardhouse faci!itv complex rn~v ex-tend over and into the road; that PUD Ordinance No. g5-83 prokibits any mo ;daScation to Tract R that would interfere with access to the public Park lands to the south; and finally, that the Guardhouse was constructed in Tract R pursuant to a building pe,"rrdt issued in erTor and that therefore the Guardhouse location constitutes an impediment to public access to the Park lands to the south, also a violation of PUD Ordinance No. 85°83; and V,'HEKEAS, a multiple day hearing was held by the CEB in this matter, in which the Parties wet: represented b)' counsel, presented evidence, e.x.amined the wimesses and presented their oral ar_m. tments, and thereat'tier, the CEB deliberated in the Stmskine, and made their oral findings of fact and conclusions of law, which subsequently were reduced to a finM written order, dated February, 27, 199'/; and X¥~IEKEAS, pursuant to CEB Final Order, dated February 27, 1997, the CEB detem-dned that the present Guar~'~ouse location does not impede public access to the Park lands to the south and further, is not in v~olation of the LDC, and so, dismissed the charges; and WI-[EKEAS, presently pending in the Appellate Dix'ision of the 20th Judicial Circuit is Counr:"s Appeal of the CEB Final Order, pursuant to its timely-filed Notice of Appeal; =d WHEREAS, the Parties agree that it is in the public's best interests, as well as of the residents of Lely Barefoot Beach, that there be i No....gO Settlement Agreement 219~lSl.l.docof10/97 NOV ] 0 ]~8 th~~NDA IT M. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEML~NT, (Agreement), is entered into this -----_ day of , 1997, by and between the Board of Cotmty Commisfiouer$ of Collier Count).., Florida, a political subdivision of the State of Florida, ("Count'"), and Lely Barefoot Beach Prope,'~.. Owne. rs' Association, Inc., a Florida corporafio~ ("Propert)' Owners"), and Lely Barefoot Beach Maxtcr Association, Inc., a Florida corporation, ("Master Association"), (collectively, the Properg.. Ostlers and Ma_~ter Association may be referred to as "Homeo~Tlers") (and all the parties to this atrreement may be referred to as the "Parties"). '~VITNESSETH: WHEREAS, the Property. Owners and Master Association are homeox~-ners ~sociation.s representing residents of the Lei.,,' Barefoot Beach subdivision (the "Subdivision") located in Collier CounD.' Florida; and WHEREAS, there is a cerain meandering north-south road running tkrough thc subdivision commonly icao,an as Lely Beach Boulevard (the "Road"); and WI"iEREAS, Property Own.-rs own the £ollowing described real properq..' comprising the northern mart section &the Road: Tract R of Lel)' Barefoot Beach, Unit One, accordimz to the map or plat thereof on file and recorded in the Office of the C~lerk of the Circuit Court of Collier Count).', Florida, in Plat Book 12. Paces 34-37, inclusive, more commortlv kmown as Lely Beach Boule:'~.-d ('7'I'ract R"); and WHEREAS, Maxter Association owns that portion of the Road beginning at the sour. hem most pok, qt owned by Property Owners and continuing south to the Road's sou'&em terminus; and 21985 l-l.doc of 10,'97 Pa~e I of I0 AGENDA ITEM '~l~.o~G EN DA ITEM 0C r the Properte..' Owners and or the Master Association are the succ:ssors in interes~ of pment Corporation as to that certain Us~Access Agreement dated November 10, 1987 be~veen and Lely Development Corporation; ~d the County owns outfight certain land lying at the southern terminus of the Road, and by virtue of a lease from the State of Florida land upon which it operates Barefoot Beach omaty. Park (the "Park"); and the Road leading into the Park is a privately-owned road and is the sole land-use Lely Barefoot Beach subdivision, a community of privately-owned homes, as well as the sole to the Park and State Presen'e at the southern end o£the Road; and the Count5.' and the State of Florida have e~ement access fights which include the the public to reach the Park and the State Preserve (collectively, the "Preserve"); and Homeowners use the Road to access theh' homes and operate a Gue. rdhouse located in e of the Road, appro.x~ately 252.1 feet south of the pavement line of Bonita Beach Road; and a controversy has developed bev, veen the Parties regarding each other's fi_v..hts with a the location of the Guardhouse, the use of the Road by members of the general public to access · the operation of the Guardhouse, and the validity and erfforceability of various contracts; and WI~KEAS, Homeo~vners have sued the Count1..' in the pending Circuit Court Case, No. 93-0073- in the 20th ,Tudicial Circuit in and for Collier Count', Florida, seeking declaratoo' relief with to the Guardhouse location on the Road and certain documents, of public record, which establish mpact the public's pe:'manent e~ement fights on the Road to access the public Park lands and/or to ~erve to the south; and WHEKEAS, in the pending C~cuit Court Case, No. 95-0073-CA-01, in the 20th Judicial Circuit for Collier Count5.', Florida, Homeo~ers also seek injunctive relief ~-ith respect to a Count' Code :merit Board ("CEB") e:fforc:ment proceeding, wherein the County seeks to declare the Guardhouse n in ~olation of the controlling PL-D Ordinance and thereby, to obtain the ultimate remedy, a CEB directing the immediate removal of the Guardhouse from the Road in Tract tL of impositions of fines, liens .-l.docof10197 NOV 1 (] 1598 WHEREAS, in CEB Ca~c No. 9~-012, County cited Homco~crs for certain violadoru o£ the Collier Count).' Land Dc',*elopment Code ("LDC") (Or~cc No. 91-I02, as amended), and o£ PLY) Or--ce No. 85-83, and noticed thc rn~tter for hearing before the CEB; ;md WHEREAS, in Circuit Court Case No. 95-0073-CA-01 and CEB Case No. 96-012, the Homeowners mainta~ that thc Guardhouse loc.~don in the middle of Road in Tract R, approx.b~ately 252.1 feet south of the pavement line of Bonita Beach Ro.~d, is properly permit*ted by Count).' pursuant to Building Permit No. g8-734, and therefore, is lawfully located in the Lely Barefoot Beach PL']3, in compliance v, ith Collier Count2,., PUD Ordinance No. 85-83; and WHEREAS, in Circuit Court Case No. 95-0073-CA-01 and in CEB Case No. 96-012, Count2,.. rnaintains that: thc Guardhouse location viola:es PUD Ordinance No. 85-83, which pe,wrdts an char?' ga~e facility, to be located in Tract A, not Tract R., althoug, h portions of the gatehouse-'guardhouse faciliv,.. complex ma.,,' ex-tend over and 'into the road; that PUD Ordinance No. 85-83 proNbits any modification to Tract R that would interfere with access to the public Park lands to the south; and finally, that the t - Guardhouse ,,v'a.s constructed in Tract R pursuant to a building permit issued in error and that therefore the Guardhouse location constitutes an impediment to public access to the Park lands to the south, also a violation of pLrD Ordinance No. 85-83; and WHEREAS, a multiple day hearing was held by the CEB in th/s matter, in which the Parties were represented by counsel, presented e~'idence, examined the wimesses and presented their oral ar_m.tments, and thereaRer, the CEB deliberated in the Sunshine, and made their oral findings of fact and conclusions of law, which subsequently were reduced to a final ~'hrten order, dated February. 27, 1997; and '~¥]-I'EREAS, pursuant to CEB Final Order, dated February 27, 1997, the CEB dete,q'nined that the present Guardhouse location does not impede public access to the Park lands to the south and further, is not in violation of the LDC, and so, dismissed the charges; and ~,¥Tt~REAS, presently pending in the Appellate Di~Ssion of the 20th Judicial Circuit is Coun, v,."s Appeal of'the CEB Final Order, pursuant to its timely-filed Notice of'Appeal; and WHEREAS, the Parties agree that it is in the public's best interests, as well as of' the residents of Lely Barefoot Beach, that there be Settlement Agreement : NOV 10 19 8 ~-~.eAGENDA OCT pro~Sded to the Master Association contemporaneous mailing ora letter. amicable resolution of Circuit Court C~e No. 95-0073-CA-01 and of Appellate proceedings of CEB Case No. 96-012 without the need for further court or administrative proceedings; and WI-iEREAS, the Parties agree that PUD Ordinance 85-83, as well as preceding PL~ Ordinances affecting Lely Barefoot Beach, reco_~nize and preserve the ri~t of the residents of Lely Barefoot Beach subdivision to security against Road entry by unauthorized persons or vehicles, as well as the public's right to unimpeded beach access along the Road to the Park lands to the south; and WHEREAS, the Pa~ties are desirous of entering into this Settlement Agreement wNch preserves and protects the respective fights and best interests of the Parties and those they represent upon the terms and conditions set forth below. NOW THEREFORE, IN CONSIDEIL,~TION OF THE JOINT ANT) MUTUAL COX, TN.,.MX,'TS CONTAINED HEREIN', AND IN CONSIDERATION OF THE MUTUAL BENEFITS TO FLOW FROM ONE TO THE OTHER, THE PARTIES HERETO AGREE TO BE BOU%'D BY THE TEIL',.IS ANT) CONDITIONS AS SET FORTH HEREIN. : 1. Authority. The undersized, executing for and on behalt' of the respective Parties, are the duly authorized representatives of the respective Parties to this Settlement Agreement with full authoriD' and power to execute and deliver this Senlement Agreement and to bind the Parties to the terms and conditions as set for',.h herein. 2. Public Access Rights. Homeo~ners do not and shall not in the future contest or object to the rig_hts of access of Park ~'isitors who do not reside in the Subdivision to use the Road for ingress to and e_m'ess from the Park from 8:00 a.m. until sunset, each and every day oft,he .,,'ear. In addition, the Count).' has the right to conduct sea turtle ~a'atches during nesting season outside the normal Park operating hours and use the Read for ingress to and egress fi'om such watches. The Count').' also has the ri~t to i.r~'equentiy conduct similar outdoor nature programs outside the normal Park operating hours and use the Road for ingress to and egress from such prograrn~. Notice of such watches and programs shall be at least forty-cig, hr (48) hours in advance by telephone and Settlemen! A~reemcnt 21~5 l-l.doc ~r 10/~? Pa[~ ~ of 10 AGENDA ITEM 3. Guardhouse Lncatlon, County agrees to ~.'.~ve, dismiss and'or release any present or future claims challenging the current Guardhouse location, approximately 252.1 feet south of the pavement line of Bonita Beach Road, in the middle of the Road in Tract R. Courts' does not, and skall not in the future, object to or contest the rig.hts of Homeowners to occupy, ope,ate, improve, and maintain the Guardhouse as set forth in this Agreement. If required by law, the Homeowners will obtain the appropriate Coun.ty permit for improvements to the Guardhouse, which s~"ill not be unreasonably withheld bv the Count.. In consideration of the foregoing, CounD' may reasonably monitor the operation of thc Guardhouse during the daylight hours svhen the Park facilities to the south axe open, in order to assure that the Guardhouse operation facilitates and assists public beach access and therefore functions as a benefit to public beach access, rather th~ impeding public beach access. Notwithstanding, the Homeox~x~ers may sLmultaneously maintain their own personnel in the Guardhouse during open Park hours to assist, to direct, or othen~'ise to guard the residents of Lely Barefoot Beach and their W.~ests, licensees, and/or in~-itees. 4. .Guardhouse Operation. The P;alies a.gree that at all times during open Park hours, currently 8:00 a.m. to sunset, the Guardhouse gates shall at ali times be in the "up" position in order to allow unimpeded public access to the Park lands to the south of Tract R. At no tinge during the Park operating hours shall an.,,' Property O~ner's personnel and/or M~qer Association's personnel prohibit public access to the Park facilities to the south, nor be obligated in any fashion or form to assist and.'or guide the punic to the Park facilities to the south. Rather, County personnel shall bear full and exclusive responsibiliD, to assist the public in accessing the Park faciiities to the south during Park o?e:-ating hours At no time shall CounD. p::rsormel be required to assist Le!v Bare%or Beach residents, their ~ests, their inv/tees,qiceruees in accessing any private proper-t?, owned and/or maintained by the residents of Lely Barefoot Beach. The Master Association agrees to make payrncnt of a fee to Collier Count~. Parks and Recreation Department equal to the amount of the average cost of one-half (1/2) of a Ranger each year. The full payment shall be made by October I of each )'ear, with an initial payment of fourteen thousand one hundred and sixTy-five dollars (5;14,165.00) paid by November 1, 1997. Each >'ear therea I AGENDA ITEM the Coun.ty will provide to the Master Association an nvoic~ll~a'~Bfill lr3'clil:late t~ ts for the No. / O~C' '-:' upcoming .,,'ear and the 50% average cost ora Ranger which will be used to calculate such tee. The Count, agrees that a Rang'er will be available at the Guardhouse to assist the public when the Presen'e par'king lot is full or near capacity between October through April of each }'ear and the holidays and weekends of Memorial Day, Independence Day (Iuly 4th) and Labor Day. The Ranger ~i. ll sen'e to irfform the public of access and availability of the Park facilities and to provide tra~c int'ormafion to the beach going public. Beach traffic shall use the western most lane away ~rom the Guardhouse. This lane shall be clearly marked by silage as a lane for beach going trafiSc.. The Parties agree that it is not ..an impediment to public access to the Park facilities when drivers voluntarily s~op their vehicles at the Guardhouse to discuss matters with personnel stationed at the Guardhouse. The drivers ~511 not be encouraged to actively seek stops at the Guardhouse that impege tine tlow of tra.~ic. In the e:'ent Homeo~mers install an e.,sit gate at the Guardhouse, such e.'dt gate shall be in the "up" position at all times during open Park hours and remain in the "up" position until appro.ximately one-half hour after sunset. Homeo~=ers, in their sole discretion, may close gates across the Road to control ingress to and egress ~rom the Subdivision a~er official Park operating hours, which are currently be.~'een sunset each day and 8:00 a.m. the following day. The Cotmtl,.' shall lock the gate at the entrance to the Park after Park operating hours in accordance with its standard operating procedure at all Count' Park facilities. During turtle nesting season (May I through October ~I of each year) Count' shall not be required to lock the gate at any times that would interfere with Count)' sea turtle nesting monitoring and prote:tion actMties. The County ~511 request (by letter), for the sa£eS' of pedezrians and Park visitors, that the Collier Com'~tl,.' Sheri. ffpegorm patrols along the road. 5. Parking Spaces. The Parties agree that the parking spaces ~-ithin the Preserxe ~t'ill be calculated at a rate of 0.42 spaces per person ~'ithin the Presen'e, such number of persons for such calculation not to exceed the carrying capaciq,.' of the Prese,we. T'ne total number of persons that can be accommodated within the Preserve, for purposes of such calculation, ~51t be based upon the mm'al.mm carr~.ing capacity of' the total number of facilities within the Presen'e as determined by Senlement Agreement ot]o/9? NOV lO 1998 : int'ormationaI si_tm.s, compatible ~-ith the character 219551-1 .doc ct' 10/97 Barefoot Beach Preserve County Park: ("Land Management Plan') pr¢~4ously adopted by the Count)., on Suly 20, 1993 (se~ion V(A), Resource Assessment, Caro. ing Capaci~'). As set forth therein, carr)ing capaci~' is based upon the square footage needs of thc beach user, and such needs ,,','ere determined to be 1350 square feet for low de. Sty use which included 60 square feet of water, 90 square feet of beach and 1200 square feet of back up and buffer areas. The total carryin. ' g capacity, for the State and Count, o~med portio~ of the ?rese~'e is five hundred and eighty-seven (587) people at any point in time. Accordingly, this calculation yiel~ two htmdred and fi.~,'-six (256) parldng spaces. The CormD. will not expand the. par-king spaces be/oM the current par'king spaces which number three hundred and fi~.'-six (356), which includes an additional one hundred (I00) spaces, tmless and until the Board of' Trurees of the Internal Improvement Tm~t Fund of the State of Florida and Collier Count?-, throu~ required publicly advertised and open public meetings and other requirements, amend the formula used in the Land Management Plan for determining carding capacity of the Presen'e. In the event that the formula used in the Land Management Plan is recalculated and thereby incre:~es the number of par'king spaces, the Parties agree that the e~sfing additional 100 spaces in excess under the current formula will not be carried forward but will be counted towards the new number of spaces. The Homeo~=ers agree to dismiss their pending cause of action to reduce the current number o£pa~ 'king spaces. 6. Use/Access Agreement. Homeo~vners hereby unconditionally and completdy rete~e Cotmr],.. from those cer'~ain provisions in that ce,"',-',in Use/Access Agreement da~ed November I0, 1987, entered into benveen Count' and Le!y Development Corporation, prede:essor in title to d',e real prope.~'D' intere~ in Homeo~=ers, with respe:t to parag_raph 8 wkich pro~'ides: Board agrees that standard operating procedure of recreational activities occurring on Property. will include limiting the number of vehicles accessing the Property. to the number of actual parking spaces located on the Property.. It' parking becomes full at any time, access to Prope,.D.' ~tSll temporarily be closed at the intersection of Bonita Beach Road at the entrance to Lely Barefoot Beach subdivision until such time a~ parking spaces become available. Seller, or it~ assi_~ns, shall have the Hght to ~top access to Prope:D.. when par'king lot is full. Sionaoe. Within 180 days of the effective date offs A_m'eement, the County. shall in~'~ll AGENDA yEM ~ea. ch K~ ~M N0¥10 19S8 Guard.house which shall be visible to the public, and which shall pro~Sde information regarding access to the Lely Barefoot Beach Park facilities. The costs of said signage shall be borne by the Count}.'. The intent of such informational sig~mge is to ad~'ise the pub[lc of the Presen-e locations, the parking fees, and par'king space availability.. There shall also be informational signs regarding the separate par'king lot for Lely Barefoot Beach at the northern end of the React, as distin~ished from the pa~kSng for the Preserve at the southern terminus of the Road. Count,.' agrees that in desi.m,.ing such informational siD~_e Count}.' shall confer with and obtain the consent of the Homeowners to ensure that such sigmage is of similar character as is presently ins',xlled near the entrance to Lely Barefoot Beach subdivisiort, which consent shall not be unreasonably withheld. It shall not be required that any of the signs be lighted. The precise language, location and design of the si?.s shall be determined by the Parties to this Agreement within 60 days follo~-,ng the date of execution of this Agreement by the Parties. Whenever the Preserve par'king lot is full or near capaciD' as determined by County. Park Staff, the Count}.' shall utilize the sign to ad~'ise the public of the sams of par 'king spaces at the Preser~'e. Or~ those occasions bet~veen October through April of each year and the holidays and weekends of Memorial Day, Independence Day (July 4th) and Labor Day when the parking lot is full or near capacity., the County. shall station an employee or agent in the Guardhouse as the sole contact with persons utilizing the Road to access the Presen'e. The lack of available par'king at the Preser,'e shall have no effect on the public's fig. hr to access the Park via the Road during Park operating hours. 8. Judicial Approval of Settlement Agreement. 'I-ne Parties agree ~at, upon full execution of this Settlement Agreement, the Parties shall file a joint motion in Circuit Court Case No. 95-0073-CA- 01 (the "Action"), whereby the Panics shall jointly request the Court to enter a final order incorporating and approving this Settlement Agreement and dismissing the Action with prejudice as a full and complete resolution of all issues between the Parties, and to request the Court to retain jurisdiction for erfforcement purposes only. 9. Dismissals With Prejudice. The Count2,.' agrees to dismiss with prejudice its appeal against the Homeos~ners in CEB Case No. 96-012, Appellate Case No. 97-1055-CA No. 95-0073-CA-01. The Parties agree not to seek costs, expenses and attorney's fees against each other of any nature whatsoever related to the Action or Appeal. 10. Effective Date. This Agreement will become effective on the date on wi~.ich the Court enters a Final Order incorporating and approving it. 11. Default/Breach. In the event that any Part?' to Otis Se,qlement Agreement cemmits an'act of default/breach of th. is Settlement Agreement, and such act of default%reach is waive:l by the non- defaultin_v_/non-breaching Party., such waiver shall not operate, nor be construed, as a waiver of later, similar or dissimilar defaults/breaches..Upon default/breach of this Settlement Agreement lev an?' Part5.', a non4efaultinffnon-breaching Part3.' shall have the option to exercise all available remedies at law and/or in equiv,.' (including, but not limited to, claims for injtmctive relief and/or ~d.zmages). in the Circuit Court to e,"fforce the tee'ms of this Agreement entered as a Final Order. Said remecties at law and'or in equity shall be sought before the Circuit Court that retained jurisdiction over the Settlement Agreement for e,'ff'orcement purposes only. o 12. Attorney's Fees and Costs. The Parties agree that in the event ans' Part).' to th.is Settlement Agreement applies to the Circuit Court, pursuant to a motion or action for e,'fforcement of this Sealement Agreement resulting from a default/breach of this Settlement Agreement by the other Party., the pre:'ailing Parr).' in such proceeding shall be awarded its reasonable and ne:essar:,.' attorney's fees and costs, including appellate attorney's fees and costs, inc',n'ed in such proceeding(s). In the event CourtD' is the prevaiimg Pa,m,.', Counv,."s award of reasonable and necessan' attorney's fees and costs sh~l be computed pursuant to the fair market value of the attorney(s) time and sen'ices involved (as governed by applicable rules of The Florida Bar and case law) and not on the basis of the annual salaD.' of the attorney(s) paid by the gove.,'nmental entity. 13. Entire Agreement. TNs Settlement Agreement, consisting of ten (10) consecutively numbered pages, constitutes the cntire agreement beva'een the Parties. Any amendment, modification.s, and:'or ex'tension of this Settlement Agreement, to be effective and e.'fforceable, shall be in ~ziting and AGENDAJ'['EM AGENDA . No,/D ofi:icially and duly executed by the authorized legal ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency for the COUNTY': By: Chief Assistant Count).' Attorney. Wimess Si_m'~ature BOARD OF COUNTY COI~LISSIONERS OF COLLIER COUNTY, FLORIDA By: Timothy L. Hancock, as Chairman LELY BAR.EFOOT BEACH PROPERTY OS, I,',NER'S ASSOCbkTION, IN'C. By: Bart)' DeNicola, as President Printed Name Witness Signature LELY BAREFOOT BEACH IkLa. STER ASSOCIATION, 1NC. By: James R)'an, as President Printed Name Approved a.s to form and legal sufficiency for the HO.',,fEO~3, ,'NERS: CL,'I',D,I~GS & LOCKWOOD Anome)'s for Lely Barefoot Beach Property Ov,'ners Association, Inc. and Lely Barefoot Beach Master Association, Inc. By: J~on H. Kom, Esq. Scnle:r. ent Agreement .doc of I0/97 AGENDA ITEH .o. /~ NOV 1 0 AGENDA.ITEM .. No. ! ! k ri[iiiI [ [[1 Illlll I [ [ [ ~zce~ June 23rd, 1987, vhtre~n Seller granted t~ the Boara the cx=!u~Iva c~t!cn to ~=r:htse certain real propcr:y more "~c O~c!on Agre%ncn=']j and uhich lncor~rat~ ~%Oso condlt!o~s set for=h in Section 5 Cf :e~ c~ the OR:Zen --.~hc.%co .... dc.a..on o~ ~ho nu~ua~ covenant~ s~: forth belc~ other g~o~ tea valuable consi~erttion, ~he p~ties ~gree as follow:: l. The Property shall only be u=ed for p~lic beach Resl~en=~al uses an~ s=ruc=ures shall be 1L=~te4 to' ~6'se ~.-h the.beech and rccre=tion=l purpose= (e.g. caretaker =esi~ence, researcher housing, recreation/related housing). 2. Seller guarantees to Beard pe~anent, unrestricted legal access to ~roperty, lnc%u~lng ~e rlg~t to u~e any roa~ cr hereafter constructe6 vithin sa~d easement. AGENDA ITEM .o. /Oh ,. AGENDAIIEM · NOL.~ 4; ~cller ~h~l~.c~1~=o cons~uc=ion -: ~s llnes ~o &~co~oda~c rcascnabl~ c~used as a re~ o~ .ns.al.a..cn c~ ~e ~o~:d utility geWcral 'publi~' ~" a:cor=~ce 'v:~ "=egul~ c~uh:'y~pcrati~'g' =paces to be cons=~cte~ for tho general public on ~roper=y consistent vith c~rrenC County cons%rue%ion an~ design codes and standards. k~lt~g %he n~bcr of vehicles' accessing AGENDA ITEM NOV 10 {998 ,& I/ ..; w:T.';£S$ W~."~.-.~?, t.%e abcve parc'.e.' have he:eunto se'. r-r. that ! ~'-~--'~X C£~--':-v~ cn t.%£s' day, before me, an officer . acknovle~e~encs, per~on~lly aF~eara4 ~C~ L. ~S, ~, co~crat~cn for the pc~ses ~ereifl stated. H¥ --,o ~ Cc ..... ~.¢n Zx~!res: November, 19~7 -. ..... , · ' l Illlll I AGENDA ITEM .o. NOV 10 1998 ROBERT A. BUTTERWORTH Attorney General State of Florida OFFICE OF THE ATTORNEY GENEfL4L DEPARTMENT OF LEGAL AFFAIRS THE CAPITOL TALLAHASSEE, FLORIDA 32395-1050 IOA Please Reply to: Office of the Atlornev General Eminent Domain I~ivision I I0 Tower 110 S.E. 6~h Street Ft. Lauderdale. Florida 33301 (954) 71'.-4600: FAX (954) 712-4656 October 3 I, 1997 Ramiro Manalich, Esq. Chief Assistant Collier Cotmty Attorney 3301 Tamiami Trail East Naples, FL 34112-4902 VIA FACSIblILE PROPOSED SETTLEMENT OF LELY B.-~,EFOOT BEACIt GUARDHOUSE LITIGATION Dear Ramiro: Thank you for the opportunity to meet v, ith yott to discuss the obstruction of public access created by the Lely guardhouse. It appears that the association continues to misapprehend the legal obligations that it assumed by virtue ofthe location of its development relative to a State Park. The association believes that it has the authorir,' to limit punic access to the Park which '.,.'as purchased with taxpayers' money for the enjoyment of ali. Instead of promoting access to the Park, the proposed sealement agreement authorizes operation of the guardhouse to obstruct and inhibit public access. During our meeting, association representatives opposed any meaningful change to the proposed agreement, which is the product of secret negotiatio, ns that excluded this office. The.,,. characterized the proposed agreement as their b,)t:om line arid indicated that other than some "minor tv,'eaking", the.,,' would not agree to an.,.' substantive changes. As indicated during the meeting last v,'eek, this office will not recommend acceptance of die proposed agreement without substantive changes. As a follov.'-up to our meeting and in an effort, to be helpful, I ,,','ill again outline the public access impediments that are embedded in the proposed agreement. In addition to my comments below, I can send to you under separate cover my objections to particular language in several "whereas" clauses. My comments ,.,.'ill follov; the format of the proposed agreement: AUTHOKITY: No changes. PUBLIC ACCESS R/GHTS: As drafted, this section further limits public access to the Park and AGENDA ITEM I uo. /£~ 1998 gives that limitation the force of law. Private parties may not dictate the Park's operating hours. Collier County and the State, as owners of the Park, have the prerogative to allow visitors to enter after daytime Park operating hours. Limiting the frequency of visits and requiring v. vo days notice for entry after daytime Park operating hours is unacceptable. ' GUARDHOUSE LOCATION: This office has no objection to night security for the subdivision, as long as access is unimpeded during open Park hours. The association had previously considered moving the guardhouse to Tract A and using swing gates, but unfortunately appears to have abandoned that possibility. Guardhouse gates and operation must be changed to operate in a more "access-friendly" manner. Removable gates and/or swing gates which are not visible to visitors during open Park hours will in no ',va,,' jeopardize nieht security. Automatic l.~enalties ought to be specified in the ~.~'ent tim.her obst'ruction ofpubl'~c access occurs as the result of assocmt~on act~vmes. Furthermore, public ag?ncies should not agree to waivers, dismissals, or releases of claims on this issue given the nature of the dispute and the likelihood of reoccurrin,, problems. =- UARDHOUSE OPERATION: It is an inh,erent conflict of interest for a priva:e p~v,' to pay the PARK.lNG SPACES: The number of parking spaces to be located on public prope,,-ty is a matter to be determined solely by responsible public entities. A private party, may not dictate the manner in which parking facilities are to be provided or attempt to restrict the number of par 'kin~, spaces at a public park. - ! · USE / ACCESS AGREEMENT: Because the State was not a parry to the agreement, this ofiice has no objection to language in this section. SIGNAGE: This office believes that appropriate signage should inform the pUblic about parking availabiliLy. An electronic sign, controlled by rangers within the Park, could adequately inform Park visitors about parking availabili .ry. No Park employee needs to be stationed in or near a guardhouse during open Park hours, regardless of parking availability.. SUDICI.,LL APPROVAL OF SETTLEMENT AGI:LEEMENT: Dismissal with prejudice does not allow the parties to adequately er,.force provisions of an aereement; dismissal should Ire without prejudice. ,. ' DISMISSAL WITH PREJUDICE: See section above. EFFECTIVE DATE: No changes. DEFAULT / BREACH: No changes. AGENDA ITEM ATTORNEY'S FEES AND COSTS: In an enforcement action initiated by a part), to the proposed a~eement, attorney's fees and costs'should be borne by each party,. Awarding fees and costs to the prevailing part.,,, potentially chills the exercise ofpublic agencies' responsibilities. ENTIRE AGREEMENT: No changes. The State of Florida and Collier Count5' are charged with the responsibiliw of protecting proper'q,., held in trust on behalf of the public. Iran agreement is reached, it must not only protect existing public access fights, but must also prevent potential abuses in the future. Our common goal should be that present and future generations ma.',' use the Park without obstruction and constant friction over their fight to enjoy public propervy. MITC~ ASSISTANT ATTOKNEY GENERAL MJ'B:ejr .. iOA ' COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNE, 3301 Tamicmi Trr.~ E:st Naples, F~rlda 34112-/.902 Telel:ho~: (9411774-8400 FAX: (9/.1l 774-0225 E mai~: ottarr',~,/~ncpJes.n~t August 24, 1998 He;di F. Ashtcn Rcmiro Mz.%lich Thcmc$ C Palmer La-,,rence S. Pivcce~ Mcrjorle ~ Student Me'ssa ~ Vasque: Robert C Wade Rc~ert N. Zachc~ Robert A. Butterwor~h, Attorney General of Florida Office of The Attorney General The Capitol Tallahassee, Florida 32399-1050 Diana Sawaya-Crane, Cabinet Aide Office of the Attorney General The Capitol Taltahassee, FL 32399-1050 Mitchell Bumstein, Esq. Office of the Anomey General Republic Tower - 10'~ Floor 1 I0 S.E. 6t~ St. Ft. Lauderdale FL 33301-5000 Re: Lel~, Barefoot Beach Guardhouse Litigation in Collier County Collier County v. Lely Barefoot Beach Pro, men)' O~'ners Association, Inc., et al. Appellate Case No.: 97-1055-CA-TB Code Enforcement Board Case No 96-012 Circuit Court Case No 95-0073-C'A-01 Dear Mr. Buttem'orth On behalf of the Collier County Board of County Commissioners and Commissioner Timothy L. Hancock, I wish to take this opportunity to thank you, Diana Sawava-Crane, Cabinet Aide, and Mitchell J. Bumstein, Esq., Office of the Attorney General, for' your continuing cooperatioh and assistance in working with Collier County and the Lely Barefoot Beach Property Owners in attempting to reach a settlement to resolve the above styled controversy. AGENDA ITEM No. NOV 111 1998 Robert A. Butterworth, Attorney General of'Florida Diana Sawaya -Crane, Cabinet Aide Mitchell Burnstein, Esq., Office of the Attorney General August 24, 1998 Page Two Enclosed please find correspondence and a videotape submitted by Jason H. Korn, attorney for the Proper~y Owners, setting forth the position of'the Property Owners and outlining the settlement proposal rcopy enclosed) which has been previously discussed, at different times, between the Property Owners and the County as well as with Ms. Sawaya-Crane and Burnstein. The County Attorney's Office and'the Administrator of the Collier County Public Services Division believe that the settlement proposal represents a good faith attempt by the County and the Property Owners to balance between the all-important public access rights and the legitimate security requirements of the Property Owners for the Lely Barefoot Beach area where public and private rights must necessarily co-exist. The County further believes that all parties to this litigation have invested thou~hffuI efforts in an attempt to reach common ground between all three parties. The video prepare~ by the Property Owners shows the park and the guardhouse as they e.4sted and operated at the end of the last tourist season (M'ay 1998). Please review these materials that are being provided to you,and please let the County and the Property Owners know, at )'our earliest reasonable convenience (preferably within foay-five days), )'our position in regard to the proposed settlement and the points raised by the Property Owners in response to Mr. Burnstein's previous letter ofOctober, ! 997. Thank you again for your continuing, involvement and assistance in this matter. We look forward to v,'orking with you and the Property Owners in a final effort to reach an aereement which is acceptable to all three parries. - Respectfully submitted, Ramiro Mafialich, Chief Assistant County Attorney CC: Collier County Board of County Co'mmissioners David C. Weigel, County Attorney Jason H. Kom, Esq., Attorney for Lely Barefoot Beach Properb. Owners Thomas W. Ollifl; Administrator Public SeA'ices AGENDA ITEM No._ 1 0 CU ~,il~l I N G $ & LO C K%VO0 D A I~ar~ers~,p Profess;and 3C01 Tc:m~.~.i Trc~ Nc~h P.O. I~cx d13032 Ncp~es, F~'idc 34101 C-~'eenwic.% 941-2~:2.8311 Hcrtf::d Fox 941-26:3.0703 www,cl-~"w c:.m July 22, 1998 .k:son H. Kom Also A&"nlv. ed ~n New York cnd 9~.1..649.3 i 11, Fc:x 9~, 1-262-60~;2 BY FL~.ND DELIVERY Ramiro Manalich, Esquire Office of the Count' Attorney 3301 East Tamiami Trail Naples, FL 34112-4902 Re~ inadmissible communication provided in the course of settlement negotiations Lely Barefoot Beach ProperD. Owners Association, Inc. and Lely Barefoot Beach Mas:er Association. Inc. v Collier Co,m~'/S;~te Of Flo. rid~ Discussion of the Propose. d Settlement Agreement and Response to the Attorney General's Comments f..~ '-3 oo Dear Mr. Manalich: ' As discussed with you, Lely Barefoot Beach Property Owners Association, Inc. and Lely Barefoot Beach Master Association, Inc. (collectively the "Homeowners Associations") and the County were able to reach an agreement as to the form of a proposed se.qlement of th.e, underlvinz litieation involvine the Lely Barefoot Beach communi.ty guardhouse, parkimz and othe, issues. After many months of negotiations and scrutinizing the tee'ms of the proposed agreement, the parties ,.','ere finallv'able to reach what appeared to be an amicab!e resolution. ' Thereafter, on the eve of the presentation to the Board of Count' Commissioners, one of the =, '~-~-.- the attorney general, Mitchell Bumstein of the Office of the Attorney General, se: fcnh ceaain comments in response to the proposed set'tlement aereement. It ~ould ~e impossible for t~e Homeowners Associations to begin new negotiations witg the State that star~ from the completion of' this agreement which took months to accomplish and included concessions and compromises by the Homeowners Associations. However, in the spirit oftr}ing to work with the State in the same manner as the Homeowners Associations did with Collier Count?.' to reach a settlement a~reement,, the.,,' will tr':' to address each of Mr. Burnstein's concerns and where possible make proposed changes to accommodate the State's concerns. This letter will address those comments, elaborate upon the Homeo~,-ners Associations' initial re=ponse in my correspondence to you of April 28, 1998 and also address some other issues. AGENDAITEM r o. /tg 0 V 1 0 Ramiro ManaHch, Esquire -2- Jukv 22, 1998 COmmunication made in the COurse of settlement negotiations I. General Discussion ' ' ch COmmunity for secur;,,,---, ' fres. erve w~th the conce..~s o "_'_'~ interest ot The Operation of the guardhouse and access to the C~unty Preser,,.e has been in accordance with ' ,,: ,,,m satetv ~n this small resiH,.,.:-, Lf th.e residents of the ...... ~a~ oeac~slde comnlunitx, proposed sealement a~eement for over a year, and the relations behveen the communir}, and the public over that time have been unblemished. 2. Video Presentation of the Lely Barefoot Beach Community Enclosed with this letter are several copies of a Short videotape presentation which Lely Barefoot Beach COmmunity. the Coun . - operatmn of-t P f-,,- ,r=ment,al COmm.,,;,.. -.-7. ./8 mile easement to prepared and provides a true Visual depiction of how this COmmunity is facilitating public access. '" .... '2. ~ mS Vmeo presentation was We Would like the Office of the A=omev Gert ' Associations have ins'ired the Otis iral to have a co ~ ope, auon of the Vuard~. ..... ~e of the Attorney Ge,,..-, .- ~ .of. th~s v~deo. The I4,~,,. . appears tha, ~.*- ,,~ ,,,-,utc aha {-'ountv Pre , . ..... a~ to visit the corn . _ ...... eossners ~ '~". r>urnstein's le-,.- ~t,-, _'. sene for an exten ,..~ ...... ri. mm .fy and Observe .... ,o*tacrot~er31, 1997wa ....,_ d.-,~.~cnoo othme. Unfo ..... ~' .... the Le!y Barefoot Beach corn · . ~ ~,r~rren w~thout th,. ~. ..... '., [~,.are:y, it meeting ofOctob . '~,~ ,,,,,~ m.u.m~., despite the invitations to him and Diana Sa:vaya-Crane during the -.- u~:~cnt ora recent visit to e, ,..,, ~v/. Had Mr. Bumstein been able to visit the community, perhaps his response ~o the proposed settlement agreement Would have been more amicable. If he has not Obse,w. ed the community since that t/me, thousand ~'ords. this video Should be he!pful. As has been said before, a picn2re is worth a 3. Department °f Environmental Protection Land blanagement Review, October 17, 1997 It has come to our attention that the State conducted a Land Manaeem ,. of Florida's Department °f Environmental managed for the purposes for cment plan is bei ~ fea~',, .... .~ _ ,~.c~,ew.leam s evaluated the to which actull ' n= ...... cu aha Whether the land is be/no =' p an. On which it was acquired. This evaluat' ' all,..v · . , c,,. ,, cvmpuance with the adopted November 17, 1997, the report of this evaluation was prepared by the Division of COns~de. ed the degree' ' ' ' the Stare Lands Staff. This is a State of Florida Sponsored evaluation The Homeown'e- · . did not Participate. In fact, the Homeou, ners Assocmtmns Were not aware ,-,r,~._ , ,s Assocmttons the report ',','as issued. ' ' ' ' ~-mc eValuat,,on until after Ramiro Manalich, Esquire .~ communication made in the course of settlement negotiations July 22, 1998 On page 3 of the November 17, 1997 Report of the Land Management Review of Lely Barefoot Beach Preserve, the following question was asked: ' Question: Are actual management practices, including, public access, in compliance with the management plan'?. ' Response: · . . All team members agreed that actual management practices, including public access, were in compliance With the management pla~ : In addition, Attachment No. 2 to the report, page 203, Se:tion G(2) Public Access, lists a field review score of the Roads, Trails and Parking. The resulting scores are 2.6, 2.9 and 2.7, respe:tively. These scores are based upon a rank ben,,'een ! and 3, with I being insufficient, 2 being sufficient and 3 being, exceptional. The Mana. gement Review Team Members '~isted on page I of'the report represent ~ different state agencies. As a result, it appears that this "independent" report prepared by the State of Florida's own Department of Environmental Protection indicates that public access is not only in compliance with the land management plan, but that it is close to being exceptional. 4. Use/Access Agreement of November I0, 1985 The Use/Access Agreement entered into between Lely Development Corporation and the Board of County Commissioners, Collier Count3,, on November I0, 1987 addresses the limits of the general public's use of the road and parking for the Lely Barefoot Beach. That agreement specifically provides: Board agrees to limit use of Prope,-D., and road bx' the general public in accordance with regular Court .t'y operating procedares for parks .~nd recreational facilities. (Set:ion 6, L'se."Access Agreement) Board agrees to limit the total number of parking spaces to be constructed for the general public on Propea-y consistent with current County construction and desivn codes and standards. (Section 7, Use/Access Agreement) ' Board a.m'ees that standard operating procedure of recreational activities occun',ing on Property will include limiting the number of vehicles accessing the Prope,wy to the number ofactual parking spaces located on the Property. If parking becomes full at any time, access to Property will temporarily be closed at the intersection of Bonita Beac~ Road at the entrance of Lely Barefoot Beach subdivision until such time as parking spaces become available. Upon request of the Park Superintendent or representative, Seller [Lely], or its assigns, shall have the right to stop access to Property when parking lot is full. (Section 8, Use/Access Agreement) AGENDA ITEM Noo_~ .NOV 10 1998 Ramiro Manalich, Esquire -4- communication made in the course of settlement negotiations July 22, 1998 ·.. Board agrees that the entrance sign to the park shall be of the same size and design specifications as required of other signs located at the entrance to Lely Barefoot Beach Subdivision and consistent with the specifications established for other park entrance signs. (Section 9, Use/Access Agreement) As you know, the proposed settlement agreement provides for the release of cee'rain terms and conditions of the Use/Access Agreement. It is the Homeowners Associations' position that releasing the CounLy from certain lan.maage in the Us~ZAccess Agreement listed tbove, is a major concession by the Homeowners Associations and should be considered by the State when analyzing the proposed settlement agreement. Furthe:'more, the proposed settlement agreement provides for expanded rights of the public and County for access to the Preserve and use of the subject Road· As stated in Section 2, Public Access Righls, of the proposed se~lement agreement, the public has rights to use the Road for ingress and egress from 8:00 a.m. until sunset every day of the year in addition to the following uses: · . . The CounL'y also has the fight to con.duct sea turtle watche~, during nesting season outside the normal Park operating hours and use the Road for ingress and egress from such watches. The County also has the right to infrequently conduct similar outdoor nature programs outside the normal Park opera,ting hours and use the Road for ingress to and egress from such programs. (Section 2, proposed settlement agreement) Specific Responses to the comments made by the Office of the Attorney General Public Access Rights: Under the proposed agreement, the public has all the rights that existed under the Use/Access Agreement with additional rights for use. As stated above, the County max' also conduct sea turtle watches and nature programs after normal operating hours. The proposed settlement agreement only requires that the County inform the community 48 hours in advance ofsuch programs, so that the community can be prepared for the increase in traffic outside of daylight hours. Without advance notice, such vehicular traffic, foot traffic or noise on the beach could result in residents' misperception of attempted trespassing, burglarizing or breach of security.. However, with advance notice, the community will be aware of the cause of such traffic and noise and could even help facilitate access. Obviously, such programs will not and should not occur every evening. The Preserve should at least operate in accordance with regular County operating procedures for other parks and recreational facilities, especialIy given the fact that the access road runs through the middle of this residential communi.ry. It is quite surprising for the Office of the Attorney General to suggest othe.'-.vise. Night security always has been important to the residents of this community and has never been in dispute, and must be protected within the settlement agreement. The requirement of this somewhat short advance notice of nature related programs which occur after hours is vital for settlement. Much time ,,,,'as spent deliberating over the precise terms of this section. After reviewing the video Agreement, perhaps Mr. Bumstein will take a more understanding position. DA I TEI~ No./[/5 f OV 1 0 Ramiro Manalich, Esquire -5- communication made in the course of settlement negotiations Jul)' 22, 1998 Guardho,se Location: It appears from the October 31, 1997 letter that the Office of the Attorney General has no opposition to the location of the guardhouse as long as public access is not impeded. to the request to make the gates more "access-friendly" and less visible, the Homeowners Associations are willing to landscape the gate area so that the gates will not be as visible in the "up" position. Durine the normal Coun~ Preserve hours, the ingress gates will stay in the "up" position. Hosvever, the reque~ that "Automatic penalties ought to be specified" is rejected in its entire.?. The proposed sealement agreement is en attempt to amicably resolve this dispute, not a conduit for draconian sanctions. The proposed agreement provides that the Court will retain jurisdict~n for enforcement (Section 8) and the party, in breach of the agreement will be liable for attorneys' fees and costs to enforce the ao_reement (Section 12). Thus, Mr. Burnsleln's concern of the "likelihood of reoccurring problems" s~ould be aEequate]¥ addressed. Since this proposed agreement is a "settlement" of the disputes be~veen the parties and a legal action is pending, dismissals and releases of those claims should be provided. It appears to be contradictor)' and impractical to agree to settlement without officering a dismissal of the claims, considering that the parties have a remedy' to enforce the te,~ns of se."tlement as se'~ forth in the proposed settlement agreement. Guardhouse Operation: Mr. Burnstein has indicated a concern of a "conflict of interest" for the Homeowners Associations to pay an amount ofm~ney each year towards the cost ora Ranger. However, as proposed the Homeowners Associations would be contributing to the general fund of the Collier Counry Parks and Recreation Department in an effort to partially defray the cost to the public for a Ranger to periodically be available at the guardhouse' when the park was full or near capaci~,. It is believed that a Ranger will promote harmony between the public and the community residents and ensure public access and information. As with other County Parks with beach access, it is anticipated that the Ranger will prove helpful to the public. The Ranger would be available to inform the public of access to the facilities and provide traffic information to the beach-going public, when the l~arking let cf the CountT Prese~'e is fu[l or near capaciD'. This increase in cost to the Counts' was viewed as an increased cnst ~hich could be somewhat, shared be~veen the Homeowners Associations and the Counts', rather than make the public foot the enJre bilI No individual Ran,-'- would b" a,si~-,'d, ra,h,'- Coun~ could choose who to send based upon availabiliD,. Rangers at ~ther parks have p~'oven to be ye.? helpful to the public during the height of season when parking reaches ca?acid,. If the Office of' A~tome;.' General is not comfortable with the Homeowners Associations bearing I./2 the cos; of a Ran,'~r and would rather have the public pa.,,' the entire increase in costs, the Homeowners Associations svo~Id agree to this modification. Alternatively, the Homeowners Association would agree to signage that is remote-controlled by Park Rangers and lighted when the County Prese~'e is at or near capaci~'. Even though Collier County and the Homeowners Associations believe that the County Prese:-,'e would be more efficie'ntly operated with a Park Ranger available to greet and inform the public v, hea the Prese~,'e is at or near capaci~, the Homeowners Associations are willing to compromise to allow for a remote-control lighted sign system if the State is unwilling to accept the Park Ranger alternative. Parking Spaces: In the opinion of the Homeowners Associations, the proposed setdement agreement actually provides for more parking spaces than was agreed in the Use/Access A~,rcement of November I0, I~87 (Section 7) which limited the spaces to the construction and de~T~,n c~~ - ~? ; that time. Fu~he~ore, the cu~ent number ofparking spaces exce,ds the ca 'in~ ca ~ rovi$~m ..~OV 10 1998 Ramiro Manalich, Esquire -6- communication made in the course of settlement negotiations Jul)' 22, 1998 the Land Management Plan for the Preset, e, which · · Homeowners Associations' position that the ---,-, Plan also. hm,s the amount of parkino proper amount or '~-~ - . p,~,~m~ spaces already :.~,..a_ =. ,, ,a [ne surroundines and't~-~-' a.s a resu,_t, the proposed sealement a~e..;e~'t~'~'~u_e an excess of I00 over the - ~: environment lrom further a__ ,._. : " ., .'-erupts to presc:-ve the Sawaya-Crane's comments at "- .... , _. u~rnonnon to create additional ark' ,, e, co ~atural u,e ~cto~e, 24, 1997 meet;-,- .' .... P. tn... sl.a..s. Fro,,, Ms. intent of the am'cement to p'eserve the natural surroundings and environment. Norwithstandin~, the ',,.~, ~ appears ~at she would a_.oree with the agreement still does allow for the creation of additional parking spaces· It simply requires that the Land Management Plan's requirements be followed. Again, this Preserve should be treated the same as other CounLy and State Preserves. However, if more acceptable, the Homeowners Associations ',vould agree to modify language in Section 5, on page 7, first sentence of the first full paragraph to the following: The Coun~ may expand the current parking spaces.., only if and after the Board of Trustees of the Internal Improvement Trust Fund... ~: The office of the Anomey General did not object to this section. ~: The section on signage provides a de:ailed description of the proposed sign. Other than not being electronic, it appears that the proposed si~n would be acceptable to the Office of the Anorney General. If an electronic sign is required for t~e State to join the settlement agreement as discussed above, there should be some discussion as to who will pay for such a sign and u, hat ~'pe of electronic sign is required. These ~'pes of slgns are ~ry costly, especially with remote control access. As to the availabili .ry of the Ranger, please see my comments above regarding Guardhouse O!:eration' .[udicial A~rnv,~l n. nf Se. rflemerll ~sm~ssal must be ~tth prejud,ce to renc,val Such dismissal still ~11ows the parries tf enfor,.c the a-'2re,.ment. As stated above, the proposed aareement requires the Court to approve the se.,lement, and ~he Court w/Il retain.jurisdiction for enforcement (Section 8). The party, in breach of the agreement will be liable for attorneys' fees and costs to enforce the a-oreemeat (Section 12). If dismissal was v,'ithou~ prejudice, the next day a lawsuit could be filed re!atin~ to claims in thc prior pending legal action. Dismissal without prejudice provides no finality t would be a senseless settlement if the Office ,,r ,[. ,__ _ , . o th.. dispute. It prejudice. As a result, the Homeowners Associations, the County and the State would be face::[ with the "- ,-~ aaorney ~enera~ requires dismissals without possibiliLY of future litigation and expenses. No doub ' ' · : has been to the Home~,,vners Associations ,,a prejudice ~ls hng?o.n has been as cosily to the public as , a,,,, ,,,. t~umstem should consider that a dismissal with could limit future litigation, lfthe Office of the Attorney General is conce:-ned that a claim in the lawsuit will be waived and it does not appear to be addressed in the sealement, please let me know and identi .f'y this claim. However, we have endeavored to address all the dispu:ed claims pleaded in the pending lawsuit. Furthermore, if this lawsuit proceeds throul~h trial the decision of the Cou,.x would be a decision on the merits. All claims pleaded and decided will'be subject to resjudicat~ and/or collateral estoppel, and all claims not pleaded will be effectively waived. For the foregoing reasons, dismissal with prejudice is mandatory to settlement. Dismissal With PrQudic,-~.: See above discussion of Judicial Approval of AGENDA ITEM e~[[[~[~: The Office ofthe A,orney General did not ob.jeer to this :ect~n°.'-~2x~L _ Ramiro Manalich, Esquire -7- Jul>' 22, 1998 communication made in the course of settlement negotiations The Office of the Attorney General did not object to this section. At~orne_,/s Fees and Coqs: This section should address Mr. Bumstein's earlier request that "Automatic penalties ought to be specified" (comments to section concerning Guardhouse Location). Such a provision should not "chill" public agencies' responsibilities. Instead, it provides a remedy against the party, in breach in addition to enforcement. If either party is to unde:'take the expense o'f litigation as a result of another party's failure to comply v, ith the setxlement agreement, the':' should be entitled to recover their fees and costs to obtain enforcement. B?'definition, the breach v.'ould have to be a breach of a material term to prevail. Unless the State anticipates breaching the proposed agreement, such a condition should not be problematic. Regardless, if another action for declaratorv judgment was coupled with an action for breach of the a.oreement, the prevailing parD., could recover costs under Chapter 85, Florida Statutes. The Florida Sta:~u:es should not "chill" the Count',' or State from exercising required responsibilities. ' ~ The Office of the Attorney General did not object to this secticn. 6. Conclusion Once you have had a chance to view the enclosed video and consider the response of the Homeowners Associations, please let me know how the CountY wo[Id like to proceed. As always, my clients would like to continue to work towards an amicable resolution of this mat~er usimz the material form of the proposed settlement agreement. While the Homeowners Associations are confident that the,,' can reach an agreement v. ith the State, if that does not occur, the Homeo,,,,ners Associations would still be interested in reaching a settlement with the Count'. JHYOpmb Enclosures cc: Clients jj} X,'e,"y. truly .,,'ours, son H. Kom AGENDA IIEM NOv 1 D 1 98 SETTLEMENT AGREEMENT · 1997, by znci bctw~a thc Board of Count'). Cornmlsslor.:~ of Collicr Count', Florid.t, polkical suhtivi, gon of thc $c~ of Florida, ("County"), ~ ~ly Bz~fooc Bcaz.h Propc.-q' O~'ac.-s' Associ~on, Ia:., a Florida corporagon, C'Propc~ O~,~ts"), ~:1 Ixly Barc£oot lqcac.h Master Assoclagon, Inc., a Florida corporation, O,f~,~r Associ~tlon'), (coll~".i~!y, thc Propc.-9.- O~..--:'s ,.nd Ma.~r AssociatJcn may bc rc£crrcd to ~ 'Homco~c.-s') (a~'~d all thc F-~nics to this rcf:."rcd to zs thc 'Panics'). WIT~'Z$$ETH: XVk~.KE.-~S, thc Propc.,-9.- O~,c:s ~-'~d Master Association arc rqrc~mtL'~g rcsk]mts o£t~hc Lcly Barefoot Brach subclMs[on (thc '$ubcSvislon') Iocat.-d in CcIli.-; Cou,nr}.. WHERE. AS, th=re is a c=.".:in m--znde.~.ng nor.,J~-south road r.'='£':g tl'zcu_th thc subdivision corr. morJy Im~ zs Lcly B~ach Boul.~arcl 0.~,: 'Road'); WI-~REAS, Propc."t)' O~r, trs o~n thc £ollo~g d:scn'bc:[ r:fl propcm.' comprisL~g thc ner&.-m r,,,cst sc-'-.icn of thc Road: Tract R o£ [41)' Barc£oot Beach, Unit One, accor~g [o ~= mnp or plat ~f cn filc ~d rcrord~ Ln ~ O~c~ of ~ Clc~ of thc Circuit Court of Collier Count., Eo~ Ln Plat ~k 12, Pages 34-37, ~c!usivc, morc. co~ody Lmm~ ~ ~Iy Bm~ Boul=,~d ('~m~ ~d V,'HZKEAS, Mas~,cr Ass.cchdoa o~r,s that port. ion of' tk, c Rc~ bcgh-.r~,g at thc southern most point c~::! by Ptopc,m/O~c,-s ~.'~cl co,n~.nu~g south lo th: Road's south:m rt,'minus; and AGENDA ITEM AGEN' No '--~4----- o. %'L,T'~, thc Property O~vners ~.",:I or ~ Mast, er A.~sod~tion ar: the successors L.~ L'ue:cst of L~ly De','clopm~: Corporation a~ lo that c:,",:in Use. tAcc:ss-Agr;cm:nt dated November 10, 195'I the Ccu..::y a,M Lei)' Dc',-clopmmt Corporation; WHER.P_AS, tho Count)- ~n~ ouui~,~ ceruln ~ I)~g ~, th: scu~em tcrmlnu~ of the Road, and k controls by vL'x'ue of' a ]ea.s~ from the St:t,, of' Florida Wand ulmn which it operates Earefoot Beach ?r=c:s': Coxmq' P~rk (thc 'Park"); ~.'~d WI~iLEA.S, the Road leans L'~:o thc Park h · priva:e!y-<v~w,e..d rc~td and is thc sole l~d-use acc~s tn Lely Barefoot Eench suMiv~sic,% a corr,,munky of private!y-cxx,'n:d homes, ~s wc!l ~s th: sole l~d-use acr.~.~s to thc Park a~'~d Sue: Prcsen'c at the seut~hem md of thc Read; and WkT. REAS, ~e Coun:)' m'~d the State cf Florida I~avc e~semen: access rfgh~s ~xk/ch L'~clude the Roa~ for the public to reach the Park and the $~:e Pres:we (collective!y, the "Prese:-,'e"): WHEREAS, Homeo,,~'~cr~ use the Road to 3cc:ss ~elr homes z.'~d el:erst: a Guar~cuse located the rv, jddle of the Road, appro.~n',,atety 252.1 t%:: south of.the pavement llne of Borfita Beach Road; VvT{EKEAS, ~ controvcrsy !'~ deve!opcd t;c,',,ve:n tho Pa~cs regard~g each other's r{ghta wkh rcs~ to thc Icc.solon of.thc Guard. house, the usc of the Road by m~bcn et'the .~.,m, eral public to ~ccess the Pask, the opcnfion o£ thc Gu-~rd,hcuse, a.~d the validit)' a:~d e:xforc:abilit).' cf various c:.".:.-.:u; wI'r~p, EAS, Homemw, e.'~ have sued the Counq' in the per. ding Circu[t Courx Ca~c, No. 95-0073- CA-Of, in thc 20%h Judicial Circuk in and for Collier Court:)', Florida, se:king dec!am:¢Q' re!icl r:sFe~ to LEe Guard.house Joe..~,:ion cn the Pagad a::.d c: :". ~ ,' -'~ dc, c'~:a, cf public record., m~dch ~blish z.':.eVcr Lmpaa the public's pc~,a.,':ez: c~s..-n,~r fi~hra en thc Re, ad to ac:gs the public Pail,: ~,~ds a.'~d.'cr to the P,"c::e~,'e to thc south; V, q42ERS_A.S, in the pcnclL~.g Circuit Ceun Case, No. 95.0073-CA41, L'~ the 20th Judicial Circuit L'~ ~.';d for C~I/icr Count'2,.', Florid.% Homemw~e.'s ~Iso s~k injta-~ reScf with respect tn a Ccung.' Code Enforce:nmi: Bo,xrd C'CEB') enforcemmt proc:g:ling, whe~n the Coun.'2:' ~--_...~ to d;l:u~ the Guan;fhousc loc:u, ion in viol~on of thc controlli,n.g PUD OrcIi.'uanc: ~ fi,er:by, to cbt.xln the ultimate m-ned¥, ~ CEB Or&r alL-em, ins the imme.~-',te removal of the Gu-',r~ou~: from the ~ in Tract K, or rafter the l_c'~ ccv~enc._~ of im, posifiona of fir,~, IL.'~ and ultL,'nat_:.for~losure proc...~an~; a~ AGEND~ ITEM .se~=~..t.~-=-~=, r~o. /_,'9.,4- v.,ior,o NOV 10 1998 WH~ER.EAS, in CE~ C:uc No. 96-0Z2, Count. ch~ Hc~m~ for c:~ Collier Co~, ~nd D~'clcpme~t C~= ('LDC') (OrdL-~ No. 91-102, a; ~cnd:~), O~ ~o. ~5-~3, ~nd no~c~ ~c ~ for ~ng bcfor~ ~c CEB; ~~, Ln C~r~k Cou~ C~e No. 95~7~A~1 ~nd CEB C~c ~~ ~ ~ ~c Guard.se l~don ~ ~ ~c of ~ ~ T~ ~ f~ s~ o~ ~c P~vc~c l~ne or Boe~ ~ch ~, is properly pc~ by Cou~, pu~u~c ~o ~L~UL~s ~z: L~: Guar~cus~ ]~:icn ~ol3::s PL~ Oral. nc: No. ~.S~, ~ch pc~j:s facffi~. ~o be l~:~fl Ln Trac: A, ncc Tra~ ~ ~cu~ ponicns cf L~: ~aCC~cus:~u~r~ous~ T~ R ~ Would info.crc ~i~ acc:ss to ~: public Park l&x~ to t~: scu~; ~nd G~c~ ~ con~c:c~ in T~ R pu~u~nt to a buil~g ~Jt issu:~ ~ C~cr ~d Gu~r~ousc/~:/on cor~ku:~ ~n ~cd~m~ to ~ubl~ acc~s to fi: Park l~n~ to ~: sou~, also a ~ola~cn of P b~ Ord~c~ h'o. gS-lj; ~qd r~rcst~:t~ by counsel, prcs~t:~ r, Sdcnc:, c~m&~ ~hc ~mc~s~ ~d pr~:c~ ~c~r o~I ~Jch ~bsqu~). ~rc r~u~ ~ a ~al ~r~ cr~cr, ~t~ FcSm~. 27, 1~97; P~: ~~ l~cn d~ hoc L=p~: public acc:~s to ~ Park- I:~ to ~c scu:h :~d ~r~cr, is ncc ~~, P~sc~:ly ~dLn~ ~ ~hc Appellate Di~s~cn cf ~c 2~ Judicial Circ~i~ is Counn)s Ap~ cf ~ CEB Fir~l Order, purs~nt m i~ t~cly.fil~ Notice of Ap~l; ~ ' ~~c No. ~-aicable re~oluficza of Circuit Co~rt Case ~o. 95~7]~A41 ~-~ of Ap~l~ pr~ of CEB No. 9~12 ~t ~e n~ for ~ e~n et ~~fi~ pr~; ~ ~ ~ly B~ ~ ~ ~ p~: ~ fi~t of ~e ~id~u of ~ly B~t X~~, ~ P~i~ ~rc t~ir~s of ~g ~to ~s S~,~t Agr~t xx~ch prcse~'cs NOW ~FO~, ~ CONSIDE~ON 0F ~ 10~ ~N~ M~r~ CObblED ~', ~D ~ CONSIDE~ON OF ~ MU~ B~'EFffS TO FLOW FKOM ONE TO ~ O~ ~ P~ ~0 AGUE TO BE BO~D BY ~ ~KD COND~ONS ~ S~ FOK~ HE~. I. ~uthod~'. ~ ~rs~ ~fing for ~'~ ~ ~lfof ~e rcs~ix-e P~nics. duly 3u~ r~r~fi~ of ~e r~five Parfi~ ~ ~& S~M~t Agr~t xx~ ~I1 ~-~ ~xzr to ~ucc ~d ~cli~:t ~Ss S~I~c A~r~t ~ ~ bL-~ ~ P~Jcs to c~e t~a ~'~ 2. ~ublic ~cce~s Ri~hB. Home~ do r~ ~'~ shall n~ Ln ~e ~amrc ccn:~ er e~j~ to ~ ~&hU of ~s of Pa~ ~simn ~ ~ ~ ~i& ~ ~ Su~i~ ~ u~ u~ ~ for L~s to ~-~ ~ ~ ~ for b~s ~ ~ ~s ~ ~h ~xa~c~. T~ C~' flso ~ ~f~M~m~~~su~p~. N~of~~~p~ mailing of a let:er. AGENDA ITEM No. 21glSl-IJt~c of I0/~/ NOV 10 1998 3. .Ctu~rdhq, use Loc~:~o,~,. Count)' agrce:s to ~-~iv% disrr~s zn?-Jor rc~ ~y p~ or ~% ~~ ~tion facili~t~ ~ ~s~r~ ~ublic ~ a~s ~d ~creforc ~;c~ ~ a ~:~cfit to sL~:~sIY ~uin ~dr ~n personnel in ~ Guar~use dung o~ Park hours to or c~n~isc ~o ~ard ~e rcs idcnu oF Lely Barely[ B~ch ~nd ~c~r ~, license:s, ~n~or 4. ~. ~c Panics 35r~ ~t at all t~cs dugng ep~ ?~r~ hcun, ~dy g:~ a.m. ~ sunsr~ ~e Guar~ouse gates s~]] at all ~s M La ~e "up' pos~Scn Ml~v u~m~ pub/k access to ~e Par~ I~ to ~ sou~ of Tn~ ~ At no tL~e dung ~% Park c~n~g h~ s~ll ~y Property Ox~nc/s P~el :-~or M~r ~s~htion's perso~:I pro,bit ~blic zc~s to ~ P3~ ficilhi~ to ~e s~ ncr ~ eb//~ ~ ~ny ~FJcn cr fo~ ~?~ ~ publk to ~e Park facilities co ~e sou~. ~er. C~n~. ~cr. nd s~l] b~r fail cpc~.'~g )'ear a."4 thc 50% average cest o£ a g.a..~gcr ghich ~..ill be us~ to calculatc such £=. 'Fr4 Count' aD'ecs that a Ra,'ag~ ',.'ill bc ava~ablc at, thc Ouasdhousc to assist the public whm thc Prcscn-c pafld:'.g let is fuI1 or near opacity bc:we='s October tkrough Ap~ of _,y,;h )'ma' a.M the holidays a.~d week,ds ~ Day, ~ Day (July 4th) a..u:l ITa~r Day. The Rang~ will sene t~ ird'orm t.t:e public of ?-v:,~_ s a~l m'a~2ability of the Pack facilifi~ and to l~ro',4da tra~c in. formation to thc beach gelid l~ublic. Bea. c.h trafl~ si:all ug the w=',_~m mest la.ne a~ray fi.om the C, uae~g. Tl'~s lane s,~I! be c!easly ma.rke::I by ~-'a. ge aa a lane for be:ach going tmt~c. Thc Par'des agr~ that it is nc~ an im~ to l~blic access to the Park facilities ~xhen drivers ~l~aan.'ly s-'a~ t~r ~v..hlck:s at thc Ouar~c to discuss ~aravs ~ith penormcl rmfien~ at Ouardlx~sc. The drip:rs gill not be mcouragd to acdw. ty s~..k s'a~s at thc Guarc~ousc tl-~c L.'nFe~ae flc~v cf tm~fic. L'~ thc ri'mt Horv:~v, en imeall an e:'dt ga~e at the Ouar6ouse, such exSt ga:e s.u:II be L'~ the 'up' posklc, n at ali times during oixn Park hours a."4 rwv, ain in the 'up' positJ~n 'ur, fl aFFe.,d.-v.a:c!y er44'.df hour a~ suauet. Home~ers, in thdr sore discretion, may close gates across the Read to c,.-.r.t..-ol i~,gress to md egrc-ss frem the SubdMsicn.afl. e: offidal Park cTcva~g hcnan, ~,~c.h are be:were rm-.sc'. ~h da}' a."41 leO0 a.m. thc foll~;,ng day. Thc Count'}.' shall lock ,,he gate at t,~.e ~..'a-a.':c: to thc Park aP-,'r Park opc.-ating hours L'~ accordance with [ts r,a~dard cFc.,-axb..g procedure at ail Ceu.~D. Park fa~'lhies. Dur:~g turtle ne~,iug sca.~n (},fa)' I U'a'ough Oc'a:bcv, 51 cf c:u:h )~r) Cour.:v s~l r, ct be recFair~ to lock thc gate at an)' tL, nes t~a[ would ~teffcre ~'ith Cou.~- sea tunic ncs:L~,g mc:-J:cF~3 a:'.d p rc',.~, d~n ac'.i~ides. Tae Cour,~' s~ill r-4u~--t (by l~4r), for the ~fe~,.' cf p..J~--':F.~-.s a~-d Park Hsi:en, t.~: uu.e CcI!ier ~' Shctiffl:,crl'orrn pzu-ots along fl-a: nad. 5. ~ark~n: Spaces. Thc Parties agree u~t ~c parking spac~ ~.i:,h.L,~ thc P;::c.-v: ~%ill bc c:dc-.:,l~t~_~_ at a ra~ o£ 0.42 spa:es 1~ i:~:.'5on w~fl'~n thc Pn=c,'~:, such number ct' l~:Scr~ for such · c::fl~L~o~ uot to ~ thc caning capacity et'thc Prr_.~'m Thc total numb~ ct' pc.'~cr.s t,~t ca.'~ accc~,-av~-~ ~it~n ts'4 Frc:ev~ for pur~ ct' such cal~lafien, v,~ be ba.5~ upon t.~.: carq'L.~g capacity of thc total number of facilities ~..i~ thc Prmcn'e aa de. em',inc::l by thc Sure of Florida. For FuSses of t~ calculatim, ~-rrying capacity is ~.e',.nc::l pursuant to thc Lan, d AGENDA ITEM AG£N No. ~1~I-I~: ~f lieF/ -~ ~ No. 6am NOV 10 1998 /uly 20, 1993 (~i~ V(A), ~ur~ ~c~m~k ~g Ca~a~. ~ ~ for& ~ct:Ln, ca~g bc ~ ronsard but ~!1 ~ COunccfl to~r~ ~c n~ n~r of space. ~c Hcmc:~::s a~rc: 1o ~s~dss ~r P~ng cause ofac:;on eo re~uce L% ~a~t n~r Cfpa~ng s~ac:s. 2 l~$l-lalc~ o£10,,,/7 Guas~ ~hic.h shall Ix: vis~Ic t~ t.hc public, and v,,~c,h g.all pro,4dc ~d'¢nmtion rc~rgir, g ac:..~s sfac: ~. ~ s~l ~ ~ ~o~ ~ ~ ~ s~ p~ I~ for ~!y ~~ ~ ~ ~ of~ ~ ~ ~ ~P~$ for ~ P~m~ a~ ~ p~)- ~ ~r g~ m~ m ~1)' B~ ~-h su~io~ ~ch ~mt sMll not bc ~bly ~i~Id. h s~l not bc r~i~ D~ ~' of ~e tiaa ~ li~t~. ~c pr:~c fcIl~g ~ ~tc of ~c~ti~ of ~is Agr~t by ~c Pa~. ~mm~r uhe Pr~c~ Fa~i let is ~II .. ~ r~ ~pad~' ~ d~c~ by C~n~' P~k Surf. uM C~' s~l udli~ uhc s{~ to ad~c ~c public )~ ~ ~ ~}a ~'4 ~ of M~fial Da}', ~~ Day (July 4~) ~-A ~r Day ~ ~a~g ~ is ~11 or n~ mpaciD', ~ C~n~' s~ll ra~m m mFl~ or agmt ~ ~hc Ouar~se ~ ~lc ~ ~{~ ~rs~ utili~ng ~ ~ to ace,s D~ Pr~. ~a hck cf a~blc p=~g at P~,= s~l M~= ~ cff~ ~ ~c publics ~t w a~ rtz P~ ~ usc ~d duf~g Pa~ cpen:~g of D~ S~t Ag~m~ ~c Pani~ s~! filc a joia ~m ~ Cimak C~n C~ No. 95~73~A- ~I~ of ~ ~ ~ ~ P~, ~ m ~ ~ ~n m ~ ju~S~ far ~orc~t 9. ~ismTss:l~ %~th Preiudic~: ~ ~' ~ m ~s x~ p~u~c: iu a~ ~: H~~ ~ CEB C~ No. 95~ 12, Ap~!~ ~ No. 97-10S3~ (~ 'AFfiX, ~~ No. AGEN of' ~.' rmmr~ ~t. soc-,:r rcl=t~ to thc Ac'do~ or Appc:zl. I0. ~fr¢clive Dnte. This Agra--hint w~'ll bczcnr, e cffe:',iv~ ca thc date on wF, ic.h th: Cc'un _~-~ ~ F'm.xl Or~ incorpo~ting m~d appro,4ng it. ! 1. Dcf. ultfBr~;:ch. In ff, c crc=t th~ ~ Pzrt7 to th~s S~.3m'.-'~t Agra. c~t c~-~"..'~',s ~n act cf' ~-fzuk/l:~'=:u::h of ',~_ $c~ ~ ~xi such ~ or ~'..zulgbr=:~ is ~iv~l by thc ncn- c~==~nca-br=~..hin$ PzrtT. such ~=ivcr shz[l act ~ r~r ix c,.'-~.s'~c~ z= :~ ~.-c:. cf' sL~a~' ~ diaslrm'l~r dcfaults/br~ach~s. Utxm dcf~ult./b _rrb_ch of this $c:fl~-r,c:'4 Agrc=n,~,t by z~.,.' Pa~', e-c'n-d~"e'-~l~g/nen-br~ching Para.' sFmll ha~: thc c'pdm to cr. crc~se dl ~:'hblc rrm.,,c-~cs at law z~A'or L.~ c~-ai.')' (L'zJuding. but not llmhe, d to, c~ai.,-ns for i~ju.".c',Jvc re!ici ~d/cr d.~.':-.~g=), La t.h= Circuit Ccun to ~'.fzr~ cbc .~m':'..s cf chis Agrc-..'~,:n~ m:e;~ as a FL'mi Orc~r. S~Jd rm.~ic-s a: law z~d..'cr ~.-~ ~ui.').' be. ~c'~.Dht before thc Circuit Court t~mt rcm/ncd judsdi~,ion over thc S~i .c~..c-...t A_~rc_-m.~: for 12. /~rtorncv'll Fee~ :nd Cost~. Thc P2."~c~ agr~ t~'~: L'~ the cvc...: z':y Pz~.' to t.~s Sc::I~-'nmt Agr~,.,cr,,t applics to the Circuit Ccurt, Fursu~,.~t to a motica or ac:ion for m, rcr:,?.r..t cf this £c"'M~-nc.,t Agre:rnc::,t r~uhi~,g from a de£auk/brmc,~ of'this $c",]m'~:.,t A_~r~.m.,,c::.,t by thc c~:r ?a..~'. the prr.'~'l~ng Paa~.' in such pr~ing shah bc a~'~rdc~ its rm.soemblc zr.d r.c"~sar,,' aaomc?"s f,.~ :.-.d cer,.s. L':clud. L':g appcIl;,.',: anomm,~s f~'s ~.~ cos'a, inc'.zrr.~ La suc.~ l:r~n_~(s). La thc c~'r..,t Ccur.~' is Frc',aJlL':g P24~,', Coun~/s award of r=~scr, ablc a.-af r. ec~saO. z~rra?"s f~s and cosLs s,~H bc c:,.-.7u:~ Fursu.~':t to thc f.z/r n-,.ark,.-: vnluc of ~,hc ar:.zm~-(s) d,m,.c a.':d sen'ic~ L':vzh'ed (as govc.meg by aFFlic:blc rules of'Cra: Flcric~ Bar znd c=s~ L~w) a.-.d ~C cn t.~'.~ l:;zsL~ cf~ a.-~.'.mI saZ~,y or,he at:omc-:'(s) fid I~.' 13. ~nt[r¢ A:recmenL ~ $c:'.,.Ic:r4:=£ Agr~m.~, ccr..sis:J~g cf ~-n. (10) nm',,.bc'r4 pagc:s, c.m.~mt~ ~ mdrc agra-mint bcm~m t~c PzrtJc~. A~y :'nc:'M.~-n~t, ~'~Ucr c:~'ns~on of this $cal_,~-n~t Agrc:m~,L to bc cff'~-'j~: ~nd ~-.forc=blc, sh~ll bc La ~,"itL'~g ~d offic~ly znd duly c:r.~'u~ by the ~uthor'ized le'~l reprcsmt.~ives or,he respcctke AGENDA ITEM NOV I0 1998 IOA ^I'I'EST: DWIGHT E. BROCK, C1.EI:U( By: W~u~=s Sip'ri. rotc BOARD OF COUNTY' COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. LELY BA.K~00T BEACH PROPERTY' OWNEK'S ASSOCIATION, INC. By: Birr).- I:)cNicoL% ~s Prcsidcn.4 Pdm~l LELY BAREFOOT BEACH ~L~TER ASSOCIATION, INC. B~ President Appr~ ~s m £orm ~:I Ic,g~ ~r ~c H01V~EOWNERS: CUMi~ffN'GS ~. LOCKWOOD Am~me./s rm' l.~y Barcf~ Beac.~ ?~ Own~ l,___~_'_~e, Inc. ~ I,c!y Barcfcxx BF.. AGENDA lT..EM No. NOV 1 0 1998 Department of Environmental Protection V;rg,ma E We'.be-e!: November 27, 1997 Ms. N~ Gerhardt Collie..- CourtD. Pa-ks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 Dear Nan, Thank you for your help with the management review of Barefoot Beach Preserve. The review was a success and we enjoyed getting to know the area. Please find enclosed the review team report for Barefoot Beach Preserve. We have also sent a copy to Timothy Hancock, Chair of the Collier County Commission, and informed him that the review team findings should be incorporated into the management plan update. This report will also go to the Land Acquisition and Management Advisory Council (LAMAC) in mid-January. If you have questions don't hesitate to call me at 850-488-2725, or Bill Howell or Amy Knight at 850-487-1750. ~'P,.obert ClarK, Enviroamental Administrator Division of State Lands RC/~ Enclosure Land Management Review of Barefoot Beach Preserve, Collier County ' (Lease No. 3868):,October 1¥,-1997 Prepared by D/vision of State Lands Steff Robert Clark, Environmental Administrator William Howe.Il, OMCM Amy Knight, Planner November 6, '1997 AGENDAITEH No. /,9~ N0V 1 0 1998 Process for Implementing Regional Management Review Teams Legislative Intent and Guidance: t 7~e(§259.036, F. S ) was en=ct~ · --- for the "ur- - P 'servation a--' -'-,.' - -d to land-ma ..... ~..poses for which the,, ...... , ua ~e.reaticn lan - '". ' '= ~.,.,. .... "=~ment plans. It ~f=~,,:-,- ~. "='~ acquired a,.,~ :- _ ds. ar= berne ~",~,,{ {o v/h/ch th= .-_:_0. -~,,~,-,,~nes land m=,.,-,.,- ,,,., ,u =CCordance ,,.;,Z _ CF e,.,~- . ,,~. ~XlS,nQ mana,-,~ ..... '-'~,'~rne.qt rev/=,.. ,- '",'~ aocct.=d ,.,, "~. ~-gered species u~,i,-, .... ~,;,,,=r, P~an provides ,,,~._. ':' ,earns to eV~!u~_- ,u,l¢[/ons or ~r,..h..,--, · .", ,,,,[ural or Dhv~;,.-~l ¢ . -,,u~i lc. threat=n~.~ ~,.u ~s ~e~na ,ma"a-..-.-, ~. ,~,--,-,=o~og~cal teatures a".-' ',: '~'"?' ,=a~ures, c~-.:f,.c;~_, v;,~ich a-,.2;'_ "=-., ,u~ [ne PUmos=, ~--., -..'. ,u to e'/aluat--, th= .-~,''. ~- "=' -,.,_,., 7""'"' ~nanaee.ment ,., .... :_ ,- ,..~ ~u~ t, lt]lCrl It Was .~ .... · '." .... =.~e.'~t to v,'hic~ .... ~ ~,~n. Ira land.,-,.--- - ...... ,- =CCess. are in ,-...-,.,:_-~"=.~'~ ..... =u :..." :e f. t,".e re','/evz. '-- -, _ , . - -, ,c.~ CC,':S'N--,- ,~-- ',,'.',~;,"~ ;o .,~ '~" ~" ~= e×{'=',qt f,"', ..,~-.:--L .-- ,.,.,~',.", ..~:s a::u'red and :,-.,.--"-, '"" ,,,-~cn the land is 5=;.. - '-u,~,~.;;a,-:.ce ~.,,,;.~',~.~ _ "'~ ce~ree tO 1,'/,¥rF, .-, . -"'~ .~;an~c~ for *~---- - . £_."'-~',7. tithe land ma,.,..,'.._''"". P°"cy statement a,.,~ _ ~='"'=~t ,eractices a-= ;- ~.'e;ng man=,-,.-- · -- "=~=rnenr re,.,i~w f=..,_ _, , '"':. ",anage.men, ,.,...,_ ""' adopted L-~=__u ~or lne purposes for wS-,..'":.~''' aC,ermines that re,,,i,-:,~.~'~s,pect''-'s fcr that nro,--,., '"" 'u '"anaaement '"/an -- ",,..,, [ney Were ac"'uire.-' - · ..-.-=u ~sr:,ds sro " -H=.,~us · ' ~' , lrlar'laoe . .~ u or Iff co i.- , or ~f the mann,-:-- ...merit policy s~-,,-_ . mP.~,-,nce with ~..g agency fads to addre,~s ;:?me.nt, or managem~,~t management plan, the De a . - ' ,-~ review findings in the update-,-,' N....:~er than th.-, -- port to th~ BOard ~ .... v~ew findmos to th-:. Bc-=:d, and the report, the ._. ~eCond board meetinr, in ~'..o,,_~ason. s for managina the L'=-nds as it has. annual review findings of its land management review team. ~ '-,,..~ueer Oteach year, the Depa~ment · . ! l~nv Review Site Ina management review of the Barefoot Beach Preserve considered 156 acres cf uplands in Collier County that are managed by the Collier County Department of Recreation and Parks (see aP, achment 1 for map). LAMAC ~pproved the management plan on September 28, 1993 and the next management plan update is due in September, 1998. Review Team Analysis The management review checklist was analyzed as follows: The checklist consisted cf two parts: a plan review section that answered , , ~' whe..h~r or. not the management plan sufiqciently addressed'protection/restoration/manaaement needs for a series of items: and a fie!d review section that scored to what exlen~'sufficient .management actions were being taken for a series of items. For each item in each section the scores for all team members were averaged. Items for which the averace score ','/as Iow (_< 05 for plan review; < 1.5 for fie!d review) are described in the foll~wina checklist resu!ts and indicated with a minus (-) in the corresponding check!ist (A~ac~ment 2). Review Team, Findings Checklist results I.A.2.b. Rare Animal Mcnitsrina Inventory and monitoring cf rare ~nimal species should be '-~--:~-~,~ ' C= ....... I.A,3.b Rare Plant Monitoring I!l.E. 1.a Non-native Invasive Animals: Ccn::cl II!E lb Lc.,-n¢, ,e Invasi.'e Ar, ima!s: Mcni:oring IIl.C.lc Ground Water III.F. 1 Storm v.¢ .... e.flu .... III.G.3 a. Euiidings III.G 4 VB3 Fart/dock the mana;ement plan. Inventory and monitoring of rare plant species shculd be iml::!emented and described in lhe management plan. A control pro?am for non-native Jnvasive animals in the A mcnitcrJn.c p:¢~.'~.,m for nc, n-ns:ive in',,asi.,,e snima:s -~- .:.~ ,-.= Monitoring cf ground .... ~,¢.e. should be add:essed in the Frcb!em of st=tm ',",'ate: runoff from adiacent l:rcpe.'t/should be addressed in plan. Existina buildincs are inade,',,,ate- new buildin.cs should be ccnst,'ucted Additional l::erscr, ne! ace needed. Operation cf a fe.'r/dcck ~'s inccnsJstent with the purposes far which the prope,,'t'y was acquired. ITEM · - 2 I~OV 1 0 1998 Some items also received hich scores (_> 2.5), v,'hich indicates that · ,-.,:,- - manaa=mcnt actions are heine -- -' ta.,en. These are indicated in the checkli*t in A,,:,chmunt 2 with a plus (+). ri'he review team found that the managing agency is doing an exce!lent job of protecting and restoring natural communities, control:i2c native invasive plants, minimzina hydrolooical disturbance of roads con ,' ,. ~P:ca~c~h~n,~,~nd v.an¢~l!.sm, di.spos'~.ng of wa~,te, delineating boundaries .,t..r,o.,H_.i.n= ~--o ,,,.-, roacs, trcHs, and parking, and educating the public. ' ~' u/,crag l::..,..l~c Recommendations to the m~.naging agency The following recommendations resulted from a discussio~n and consensus of review team members. .:. 1. Additional maintenance fundJno for non-native invasive speJes removal and monitoring is needed. 2. Inventories of a~l species, including ptants and gopher tortoises are nee~e~ 3. Additional full-time staff for management and lav,, enforcement are neede.d. The checklist items described above and recommendations to the managing agency should be noted in the next, management plan ~pdate as havina been ideniified by the review team as needina to be addressed in the manaaement p["an update. The checMis/',= < ' . - ~,Tm. shourd be addressed ~n relation to the cace~o~(ie,~ in which ,h~- received a Iow,core, e a wh¢*h:,+k~ .,-- ,2 . . ' - -¢ ' .. ....... ,,= p~un sumc~ently addressed protect/cc/ restoration/m~nagement needs, or whether sufiTcient management actions were taken. _ Is the land being managed for the purpose for which it was acquired? After comple.'ing the che..kh.,, team members were asked to ans;ver "yes" cr "nc" ts this question and given the opportunity to provide general Comments. All te'~m members agreed that the land is be;nd maria e '" , . g d for the purpose for which it wr-s acquired. Individual team member comments are compiled In Attachment 3. Are actual management practices, including public ~ccess, in compliance with the management plan ? After completing the checklist, team members were asked to ansv,,er "yes" or "no" to this question and divan the opportunity to provide general comments. All team members agreed that actual management practices, including public access, were in compliance with the manaaement plan. Individual. team member comments are compiled in Attachment 3.- .~S£NDA ITEM - "'"'~ lO 199 ttachment 1 10t, WigginS .oo° north / BAREFOOT BEACH Ccllie: County ! N0V 1 O 1998 St~-te-c, wned land PRESERVE Attachment 2 Purpose for which Land was~Acquired · ' Please see -~ttachment to this checklist for purpose o£acquisirion statement. V. Managed Area Uses (~. 20) A. Existing Uses Are uses consistent with purposes for which property was acquired and other restrictions? 1. SwimmL~g z.gd sunbathing 2. Fishing 3. BL*d watching 4. Reachcombing 5. SeIf-gulded nacre wa~s 6. P~k ~nger gu~d~ wa~s 7. 8. Picnick~g B. Additional p;oFose~ Use-. [~ Yes [~ No' Yes ~ No ' Yes ~ No Yes Yes o 1.0 1.0 1.0 l.O ]. Canoe 2. Dune 8c:%awa[k 3. FerrY dock 4. T_~jl loc.o Yes ~ N'o 0.9 Yes ~ No 1.0 Yes ' ~ No 0.2 Yes 2-4 Attachment 2 I. Is the land being managed for the purpose for which it was acquired? Explanation ' Yes 7; No 2. Are actual management practices, including public access, in compliance with the management plan? /-, Yes ~, No Explanation Agency Estimated cost incu.-.ed by )'our ,,_o~,- :. ..... c, on t~2s reviev,' Name of tea.m member Title Signature Date AGENDA ITEM no..,, NOV 1 0 1998 Attachment 2 Management Review Checklist Barefoot Beach Preserve Lease No .3868 Resources L N~.'~r~l Convnuni[ies {;~. ~-to. _1 a. Leach tune Instructions: Please take time to review the management plan and check the Yes,.'No boxes in the Plan Review section before the field trip. During and after the field review you will be asked to rank items in the checklist from 1 - 3 based on the following criteria: (1) = insufficient; (2) = sufficient; (3) = exceptional. a. Listed sg. ecles protection b. Monitoring .. a. Lisre~ species protection B. PhvslcalFeamr== - 1I. CUl~al Resources r~ A. ArcMeologicatSites B. Historical Stick, re= m )ocs the management plan sufficientl? address protection/restora tion/ management needs." Yes , ~ ]% Yes ~ ~'o Yes ~ No Yes ~ No Field Review To what extent are sufficient management actions being taken7 Yes ~ No Yes U: ~,'o Yes G ~.'o Yes ~ /% ! 2 3 I 2 : ~ No /'q Ye: I 2 -. 2 -, 2 ~ $COREJ 2-1 AGENDA ITEH No. _~_~__~.~._ The following are compilations of Comments. are .civen here for information purposes only. individual review team members and Review Team Comments: Is land being managed for the purpose for which it was acquired? 'CurrenUy very well managed. 'Funding for maintenance (staff monitoring) and exotic remeval. Con'hued maintenance i.e. success criteria if needed. Staff and enforcement needed. Public safety. Inventory ~_~cI:her tortcise J:opulaticn; Plant identification, asp. rare endangered species.' · Review Team Comments: Are actual in compliance with the management pla 'Monies to promote existence of the including public access, cost accounting for mitigation now required. This s~ld be iht, Juded in mgmt plan'. 'Need to assure that free, unencumbered public access is rr,~!nt~ined through the Lely E)are.~oot Eeach Community.' ,. AGENDA /~EPI ~o._/~ N0V ! 0 1998 Attachment 2 ~P,ian Review Field Review Does the management To what extent are plan sufficiently address sufficient management ~;:'~ ~ protection/r~toratIon/ actions being taken? managementiiee.ds? ~:: ~ SCORE 3. Ir~oldMgdadditions ~ Yes ~ ~ ~o.. 0.9 I 2 3 1.6 G. Adequate Reso~s Op. 2~31.3~) 1. Mahtcn~ce 2. Public Access AGENDA ITEM 0:1998 III. Resource Management A. Res:oration of'Disturbed Na::ural Communities (; 2~.~ 11 B. Non-r, afive ln','~ive Species (~:~, 16-29) I. Animals a.'~°ntrol ' ' b: ~lonito..ri.ng .: 2. Plants b. Monitoring C. Hydrologic/Geologic Function I. Hydro-Alteration a. Soil erosion/dismrbmces " c. Groundwa. teFmonitoring · ' D. Unau:horiz.*g Uses 1. Poaching b. P:ar. rs 4. Other a. tn'es on beach b. Attachment 2 plan Review Does the management plan sufficiently address protection/restoration/ management needs? Yes F'; No'.: Yes ~i I','o [-I Yes [] N'o [] Yes O No l-'i Yes [] No 0 Yes, 1-5 No Yes~ ~ No Yes O NO Yes U No "-; Yes -- No Yes ~, No I~ Yes ~ No [] Yes ~ No Yes E] No Yes F'i No Yes F"~ No Yes ~ No 2-2 Field Review To ~vhat extent are sufficient management actions being taken7 I 2 3 I 2 3 ! 2 3 I 2 3 I 2 3 ! 2 3 I 2 3 I 2 3 I 2 3 I 2 3 I ? 3 I 2 3 2 3 ! 2 3 ! 2 3 I 2 3 I 2 3 - AGENDA3TEH NO · -.~2~~ N OV 1 0 E!98 Attachment 3 , The following are compilations of comments from individual review team members and are given here for information purposes only. Review Team Comments: Is land being managed for the purpose for which it was acquired? 'Currently very we!l managed. ' 'Funding for maintenance (sCarf moniJoring) and exotic removal. Ccritinued maintenance i.e. success c .... n,-, if needed. S~affand enforcement ~'~ ,~ ne..e.. Public safe."/. Inventor/bf oopher tortoise pcpu a'Jcn' Plant identification, asp. rare endangered species.' ;' ' Review Team Comments: Are actual management practices, including public access, in compfiance with the management plan ? 'Monies t~ promote existence of the park. A sign cn 1-75 designating this sts:e park." 'Full cost acccunting for mitigation no;,,, required. This'shculd be incJuded in mgmt plan'. "Need to assure that free. unencumbered public access is maintained lhrouch the Le!y Barefoot Beach Community.' - AGENDA ITEM No. N0V 1 O 1998 ~TATE OF FLORIDA Octobc; 22, 1998 The Honorable Barb~a B. Berry Chairwoman, Collier County Board of County Commissioners 3301 Tamiami Trail East Naples. Florida 34112 Dear Commissioner Berry: This office has completed its review of the correspondence to your staff from Mr. Jason H. Kom on behalf of thc Lely Barefoot Beach Property Owners Association, Inc. and Lely Barefoot Beach Mastcr Association ("Associations"). This office has also had conversations with a representative of the Associations in Tallahassee. Having considered the options presented by these representatives, and having again reviewed the concerns expressed by thc public, I mm of thc opinion that I have no choice but to ask you and the entirc Commission to join mc in rejecting the Associations' proposed aD'cement as outlined in thc Associations' lener of July 22, 1998. As you know, when the State acquired Barefoot Beach, it also acquired an casement to pro,.'idc access to this public property from the Associations' predecessor in interest. The easement graa~t specifically states that the rights granted by thc Associations' pr:decessor to the Scat: arc not to be restricted in any way. Howcvcr, the Associations' interpretation of this grant ofa.q um'estrictcd right of access is that it allows them to "stop all persons entering the road, regardless of~e purpose for which such persons might cater." The Associations also assert that they have "the right to operate a guardhouse and to stop all persons enterlng the Road to ascertain their purpose for entering upon private property." In fact, the Associations have even gone so far as lo demand that the State's easement be vacated in its entirety. The Associations have also acted upon this interpretation: closing the guardhouse gates during operating hours; slopping the public at the guardhouse during operating hours; and turning thc public away. In taking these actions, and in submitting their proposed agreement, the Associations have demonstrated an unwillingness to recognize the public's right to unimpeded access to Barefoot Beach Park. The County properly responded to the Assoclations_' con,'cl.uc_t b~.- taking legal action to remove the guardhouse. The State has also taken legal action by court to declare that the State has a right to unrestricted access to state-owned property. !/0/:3 1998 The Honorable Barbara B. Berry Page TWo The State and the County have a joint responsibility to protect public fights. It appears that as long aa the guardhouse is located in its lar~ent location, the public's ability to exercise the fights secured by the state on its behalf will continu~e to be hnpaired. This office recognizes the Associations' concerns for security in their subdivision and is willing to assist in addressing all reasonable cone. ems in a just and expeditious manner. The Associations should demonstrate an equal wilI~ngness to address the punic's reasonabIe concerns over the present location of the Associations' guardhouse. Accordingly, I urge you and your fellow commissioners to move forward with your appeal of the Code Enforcement Board decision and other pending litigation. Attorney General ~GENDA COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiaml Trail East Ncples, Florida 34112.4902 Telephone: (941) 774-8400 FAX: (941) 774.0225 Email: aHcrney@naples.nel October 30, 1998 He;di F. Ashlon Ramiro Mofialich Thomas C. Polmee Michael W. Pettit Mariorle M. Student Mellssa A. Vosquez Rodnet' C. V/ode' Robed N. Zachary Via Facsirrile (8401487-2564) and Regular U. S. Mail Diana Sawaya-Crane, Cabinet Aide OFFICE OF THE ATTORNEY GENERAL The Capitol Tallahassee, Florida .32399-1050 Monica K. Reimer, Assistant Attorney General OFFICE OF THE ATTOPuN'EY GENT. I:L4,L The Capitol Tallahassee, Florida 32399-1050 Re: Collier Count)' ~: Lely Barefoot Beach Pro, vet'O' Owners Association, Inc., et al. Appellate Case No. 97-1055-CA-TB Code Enforcement Board Case No. 96-012 Circuit Court Case No. 95-0073-CA-01 Dear Dianna and Monica: Enclosed please find correspondence from Lely Barefoot Beach Property Owners Association attorney Jason H. Korn, as well as two versions of proposed settlement agreements which Ms. Korn has submitted to my office. You will note in Mr. Korn's letter that the agreements are identical with the exception of the State being included as a party and signatory in one document. Please also note Nh'. Korn's comments regarding additional changes which are bei'ng proposed by the Property Owners Association in response to Assistant Attorney General Mitch Bumstein's previous correspondence dated October 31, 1997 as well as Attorney General Butterworth's more recent letter dated October 22, 1998. Commissioner Hancock respectfully requests that you consider this revised proposal and please respond with your position in regard to the proposal. l fl 1998 . continued. , a I Ill I II IIIIIII Illlll Ill Illl Illl I [ [ [ [1 Ill~ -- I Oclobcr 30. 1998 Page 2 As we have previously discussed, this matter is scheduled for presentation by Mr. Hancock to the Board of'County Commissioners on November I0, ]998. As always, the County wishes to thank the Attorney General's Office and the Property Owners Association for their continuing consideration of any proposed solution to this entire matter. Enclosures Sincerely, Ramiro Maialich Cllief'A.~si~tant ("orJnlV Atlnrnev cc; David C. Weigei, County Attorney Jason II. Korn, Esq. Thomas W. O/lift, Administrator, Pub/ii$~rvJces Commissioner Timothy L. Hancock, District #2 ~ hO C U oM ,~I I N G $ & LO C K~,VO O D t. October- 29, 199g · h'Y t ND ELIVERY ~ltO M~alich, Esquire Office of the Count' Attorney 3301 East T~J~i Trail Naples. FL 34112-4902 Profess;onal Corporatiens 3001 Tcmiami Trail North E~,~,~: PO. Box 413032 F,<.n Beech' N=ples. Florida 34 ! 01 G~ee,~,ich 941.2~2.8311 Fax (}41.263.0703 New www ct-low corn S':~f:r~ Ja:on H. Korn Also Adrr. tted ,n New Yo& a~c~ 941-649.311 I, Fa~ 941-262-6092 PREPARED IN CONNECTION WITH SE1TLEMENT ATGOTI.4 TIOA:g Re: v - Go ac o vO,,~ c s ' 'n / ' o · Dear Ramiro: Fnclosed please find revised proposed settlement agreements, one with the parties listed as the homeowners associations, the County and ~;tate,'and the other only v,'ith the homeowners associations and the County. The agreements are almost identical, the only difference being reference to the State and inclusion of~he State as a party to the agreement. These documents are being fo~'arded to you with the understanding that you ',','ill be for'.vardinu them to the Attorney General as soon as possible. ' This ne,.,,' "revised" version of September. 1998, ,,,.'as prepared in response to the requests of the Anorney General's representatives as set forth in ,'vD. Bumstein's letter of last October as '.,,'ell as conversations between the Attorney General's representatives and representath.es of the homeov,'ners associations over the past several months. Specifically, enclosed please find the following: ' I. Revised and modified settlement agreement v,'ith all parties as signatories. This document is identified in the lower left corner as 259881.doc of 9/18/98. This Settlement Agreement was revised to delete certain conditions of the previously proposed and agreed Settlement .Agreement of October, 1997 [doc #219851-1 of 10/97], relating to parking. guardhouse arms, court .ty park staff, and including provisions relating to an electronic sien and other matters. . 2. Similar revised and modified settlement agreement (same as above) wi~ the County and homeowners associations as parties only. This document is identified in the Iov,'er left comer as 255202.doc of 9/18/98. ...... II - I II III I II I I II IIIII I I II I ! Ramiro Manalich, Esquire °2° October 29, ! 998 PREPARED IN CONNECTION WITH SETTLEMENT NEGOTIATIONS Please let me 'know if there is anything further you need. JHK/pmb Enclosures cc: Client Sincerely, SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT, ("Agreement"), is entered into this day of , 1998, bet~'een Collier Count)' ~)' and through the Board of Count)' Commissioners of Collier Count).', Florida, a political subdivision of the State of Florida, ('County."), and Lely Barefoot Beach Property Owners' Association, inc., a Florida corporation, ("Property Owners"). and Lel)' Barefoot Beach Master Association, Inc., a Florida corporation, ("Master Association"), (collectively, the Propem,.' O~ners and Master Association may be referred to as "Homeowners") (and all the parties to this agreement may be collectively referred to as the "Parties"). WITNESSETtI: WItEREAS, the Propen)' Owners and Master Association are homeo~ners associntions representing residents and associations of the Lely Barefoot Beach subdivision (the "Subdivision") located in Collier CounD,, Florida; and WHEREAS, there is a certain meandering north-south road running through the subdivision commonly kno~'n as Lei)' Beach Boulevard (the "Road"); and WHEREAS, Propem:' O~'ners o~'n the following described real proper:)' comprising the northern most section o£the Road: Tract R of Lely Barefoot Beach, Unit One, according to the map or plat thereof on file and recorded in the Office of' the Clerk of the Circuit Court ofCollier CounD'. Florida, in Plat Book 12. Pa-es 34-37. inclusive, more commonly kno~n as Lely Beach Boulevard ("Tract R"): and WHEREAS, Master Association o,~vns an equitable interest in the Road and that por:ion of the Road beginning at the southern most point ewned by Properl)' Owners and continuing south to the Road's southern terminus; and WHEREAS, the Property O~vners and/or the Master Association are the successors in interest of Lely Development Corporation as to that certain Use/Access Agreement dated November 10, 1987 between the County and Lely Development Corporation; and $cttlcmcnt AJrccmcnt 2~:$202.doc of 9/I Palt¢ I of I0 WHEREAS. the Count:..' o,,,.'ns certain land I)ing at the southern terminus of the Road. and it controls by virtue of a lease from the State of Florida land upon `.`.'hich it operates Barefoot Beach PreserYe Count' Park (the "Park"): and WHEREAS, the Road leading into the Park is a privately-ov,'ned road and is the sole land-use access to Lely Barefoot Beach subdivision, a community of pri'.'ately-o`.`.ned homes, as ','.ell as the sole land-use access to the Park and State Preserve at the southern end ofthe Road; and ~,~,TIEREAS, the Court6' and the State of Florida have easement access rights '.~,hich include the Road for th,: public to rc-',ch the Park and the State Preserve (collectively, the "Prese~'e"): and WHEREAS, Homeo`.,.'ners use the Road to access their homes and operate a Guardhouse located in the middle of the Road, approximately 252.1 feet south of the pavement line of Bonita Beach Road: and WHEREAS, a controversy has developed between the Parties regarding each other's rights v. ith respect to the location of the Guardhouse. the use'of the Road by members of the general public to access the Park. the operation of the Guardhouse. and the validit).' and enforce.',bilit).' of various contracts; and WHEREAS, Homeov,'ners sued the Count' in the pending Circuit Court Case, No. 95-0073-CA- 01, in the 20th Judicial Circuit in and for Collier Count).', Florida. seeking declarator)' relief with respect to the Guardhouse location on the Road and certain documents, of public record, which es:ablish ancL.'or impact the public's permanent easement rights on the Road to access the public Park lands and/or to the Prese~'e to the south: and WHEREAS. thc State of Florida inte~'ened in the pending Circuit Court Case. No. 95-0073-CA- Oi, in the 20th Judicial Circuit in and for Collier Count)', Florida, against the Homeo`.vners and the County. seeking declaratory, relief with respect to the location of the Guardhouse and the public's easement riehts to access the public Park lands and/or PreserYe to the south and other claims: and WHEREAS, in the pending Circuit Court Case, No. 95-0073-CA-01, in the 20th Judicial Circuit in and for Collier Count)', Florida. Homeo~vners also seek injunctive relief with respect to a Count' Code Enforcement Board ("CEB") enforcement proceeding, wherein the Ceun~. seeks to declare the ' ~ .c,r NDA I;r£M , ~ ii iii I I III II II I IIIIIIII II I Guardhouse location in violation of the controlling PUD Ordinance and thereby, to obtain the ultimate remedy, a CEB Order directing the immediate removal of the Guardhouse from the Road in Tract R. or suffer the legal consequences of impositions of fines, liens and ultimate foreclosure proceedings; and %~,~EREAS, in CEB Case No. 96-012, County cited Homeowners for certain violations of the Collier County. Land Development Code ("LDC") (Ordinance No. 91-102, as amended), and of PUD Ordinance No. 8:5-83, and noticed the matter for hearing before the CEB; and WHE~AS, in Circuit Court Case No. 95-0073-CA-01 and CEB Case No. 96-012. the Homeov, ners maintain that the Guardhouse location in Ihe middle of Road in Tract R, approximately 252.1 feet south of the pavement line of Bonita Beach Road, is properly permitted by Count>' pursuant to Building Permit No. 88-734. and therefore, is la~fully located in the Lely' Barefoot Beach PUD. in compliance ,*'ith Collier County PUD Ordinance No. 85-83; and WHEREAS. in Circuit Court Case No. 95-0073-CA-01 and in CEB Case No. 96-012, Count.,,' maintains that: the Guardhouse location violates PUD Ordinance No. 85-83, which permits an ento' gate facility, to be located in Tract A, not Tract IL although portions of the gatehouse/guardhouse facilit?' complex may extend over and into the road; that PUD Ordinance No. 85-83 prohibits any modification to Tract R that would interfere with access to the public Park lands to the south; and finally, that the Guardhouse ~'as constructed in Tract R pursuant to a building permit issued in error and that therefore the Guardhouse location constitutes an impediment to public access to the Park lands to the south, also a violation of PUD Ordinance No. 85-83; and WHERF. AS. a multiple day hearing ,,~as held by the CEB in this matter, in ,.vhich the Parties :~ere represented by counsel, presented evidence, examined the witnesses and presented their oral arguments, and thereafter, the CEB deliberated in the Sunshine, and made their oral findings of fact and conclusions of law, which subsequently were reduced to a final written order, dated Febr,aar).' 27, 1997; and ITEM Sc~cmcnt A~'tcmcn! WHEREAS, pursuant to CEB Final Order, dated February. 27, 1997, the CEB determined that the present Guardhouse location docs not impede public access to the Park lands to the south and fur'ther, is not in violation of the LDC, and so, dismissed the charges; and WHEREAS, presently pending in the Appellate Division of the 20th Judicial Circuit is the Count],..'s Appeal of the CEB Final Order, pursuant to its timel.v-filed Notice of Appeal: and WI{EREAS, the Parties agree that it is in the public's best interests, as ~aell as in the best interests of the residents of Lely Barefoot Beach, that there be an end to further litigation among the Part/es by an amicable resolution of Circuit Court Case No. 9-5-0073-CA-01 and of Appellate proceedings of CEB Case No. 96-012 without the need for further court or administrative proceedings: and WHEREAS, the Panics agree that PUD Ordinance 85-83, as ~ell as precedin.~ PUD Ordinances affecting Lely Barefoot Beach, recognize and preserve thc right of the res/dents of l.el,. Barefoot Beach subdivision to security against Road entry., by' ur~authorized persons or vehicles, as ~¥ell as the public's right to unimpeded beach access along the Road to the Park lands to the south; and WHEREAS, the Parties agree that the public desires to haYe unimpeded access to the Preserve through use of the Road during normal park hours, and the residents of tile Lely' Barefoot Beach subdivision desire to preserve their rights to night securiv,.. ','./thin the subdivision. WIIEREAS, the Part/es arc desirous of entering into this Settlement Agreement ~hich preset'xes and protects the respective rights and best interests of the Parties and those the.,,, represent upon the terms and conditions set forth below. NOW THEREFORE, IN CONSIDERATION OF THE JOIN'T AND MUTUAL COVENANTS CONTAIN'ED HEREIN, AND IN CONSIDERATION OF THE MUTUAL BENEFITS TO FLOW F'RoM ONE TO 'IHE OTHER, THE PARTIES HERETO AGREE TO BE BOLrND BY TIlE 'I EIL%IS AND CONDITIONS AS SET FORTH HEREIN. I. Authority. The undersigned, executing for and on behalf of the respecti~,e Parties, are the duly authorized representatives of' the respective Parties to this Settlement A $ctllemen! Agreement t,~C~. ~ authorit)' and per, er to execute and deliver this Settlement Agreement and to bind Ibc Parties to thc terms and conditions as set forth herein. 2. Public Access Rithts. Homeowners do not and shall not in the future contest or object to the rights of access of Park visitors v,'ho do not reside in the Subdivision to use the Road for ingress to and egress from the Park from 8:00 a.m. until sunset, each and every day of the >'ear. in addition, thc Count.,,' has the right to conduct sea tulle ~atches during nesting season outside the hemal Park operating hours and use thc Road for ingress to and egress from such ~atches. The Count.'. also has thc right to infrequently conduct similar outd~r nature programs outside the hemal Park operating hours and use thc Road for ingress to and egress from such programs. Notice of such watches and programs shall be pro~ id~d by thc Count)' to the Mas~er Ass~iation a~ least fo~y-eight (dS) hours in advance by telephone call and comcmporancous mailing ora leaer. 3. Guardhouse I.ocafion. ~e Pa~ies agree to waive, dismiss and~or release any present or future claims challenging the cu~ent Guardhouse location, approximately 252.1 feet somh of the pavement line of Bonita Beach Road, in ~e middle of the Road in Tract R. ~e Pa~ies do not, and shall not in the future, objec~ to or contest the rights of Homeowners to occupy, operate, improve, and maintain the Guardhouse as set forth in this Agreement. If required by law, the Homeowners ~ill obtain thc aFpropriate Count>' pe~it for improvemcnts to the Guardhouse, ~h[ch will not be unreasonably ~ithhcld by thc County. In consideration ofth~' foregoing. CounO' ma)reasonably mon~tor thc operation of thc Guardhouse during thc daylight hours ~hen the Park hcilities lo the south are open. in order to assure that the Guardhouse operation hcilitates and assists public beach access and therefore functions as a benefit to public beach access, rather than impeding public beach access. Notwithstanding. the [tomc~wners may simultaneously maintain their own personnel in the Guardhouse during open Park hours ~o assist, to direct, or othe~vise to guard the residents of Lely Barefoot Beach and their ~uests. licensees, and'or invitccs. 4. Guardhouse Operation. ~ Panics ngrcc that at all times during open Park hours, 8:00 a.m. to sunsct, ~c Guardhouse Eatc ams shall be removed in ordcr to allow unimpeded public .~GENDA ITEt~ · 1 fl 1998 access Io the Park lands to the south of Tract R. At'no time during the Park operating hours shall an~ Prol~enY O~'ner's personnel anc:Lfor Master Association's personnel prohibit public access to the Park facilities to lhe Soulh, nor be obligated in an). fashion or form to assist and/or guide the public to the Park facilities to the south. Rather, Count),, personnel shall bear full and exclusive responsibility to assist the public in accessing the Park facilities to the south during Park operating hours. At no time shall Count,.. personnel be required to assist Lei.,,' Barefoot Beach residents, their guests, their invitees/licensees in accessing any' private property o~,~'ned and/or maintained by the residents of Lei)' Barefoot Beach. Beach traffic shall use the western most lane a,~vay from the Guardhouse. This lane shall be clearly marked by signage as a lane for beach going traffic. ' The Panics agree that it is not an impediment to public access to the Park facilities s~hen drivers voluntarily stop their ,.'chicles at the Guardhouse to discuss mauers with personnel stationed at the Guardhouse. The drivers v, ill not be encouraged to actively seek stops at the Guardhouse that impede the flow of traffic. In the event Homeo~,,.ners Jns'lall an exit gate at the Guardhouse, such exit gate arms shall be removed during open Park hours. 8:00 a.m. Io sunset, and remain rumor-ed until approximately one-half hour after sunset. Homeowners, in their sole discretion, may close gates across the Road to control ingress to and egress from the Subdivision after official Park operating hours, bctx~een sunset each day and 8:00 a.m. tl)e foUo~ving da)'. ]'he Count. shall lock the gate at the entrance to the Park after Park operating hours in accordance v, ith /ts standard operating procedure at all Count,,. Park facilities. During turtle nesting season (May I through October 31 of each 5'ear) Count,,. shall not be required to lock the gate at any times that ,,,,ould interfere ~,','ith Count. sea turtle nesting monhorine and protection actb, ities. The Count.,.' ~.'ill request (by iener), for the safer5. of pedestrians and Park visitors, that the Collier County Sheriff perform patrols ahmg the road. 5. Use/Aeces.~ A-reement. llomeowner$ hereby unconditionally and completely release County from that certain provision in that certain Use/Access Agreement dated November 10, 191!7, $¢t:l,rn~n, A~r:,men, F A'~ENDA ITEM 255202 doc oF9/l,~/9~ ~ _ entered into between County and Lely Development Corporation, predecessor in title to the real propert3,.' interest in Homeowners, with respect to paragraph $ which provides: Board agrees that standard ~operating procedure of recreational activities occurring on Property will include limiting the number of vehicles accessing the Property to the number of actual parking spaces located on the Proper't3.'. If parking becomes full at any time, access to Property will temporarily be closed at the intersection of Bonita Beach Road at the entrance to Lel~, Barefoot Beach subdivision until such time as parking spaces become available. Seller, or its assigr, s, shall have the right to stop access to Property ,,,,'hen parking lot is full. 6. ~. Within 180 days of the effective date of this Agreement, the Count>>' shall install informational signs, compatible ,.vith the character of the Subdivision, bet~een Bonita Beach Road and the Guardhouse vdfich shall be visible to the public, and s~hich shall provide information regarding access to the Lely Barefoot Beach Park facilities. The costs of said signage shall be borne by the County. The intent of such informational signage is to advise the public of the Preserve locations, the parking fees, and parking space availability. ' There shall also be informational signs regarding the separate parking lot for kely Barefoot Beach at the northern end of the Road, as distinguished from the parking for the Preserve at the southern terminus of the Road. County agrees that in designing such informational signage Count>>' shall confer ~,'ith and obtain the consent of the Homeowners to ensure that such signage is of similar character as is presently installed near the entrance to kely Barefoot Beach subdivision, ~hich consent shall not be unreasonabl>>' ~'ithheld h shall not be required that an>>' of the signs be lighted. The precise language. location and design of the signs shall be determined by the County and Master Association to this Agreement within 60 days follm~ ing the date of execution of this Agreement by the Parties. Additionally, ,.vithin approximately 180 days of the effective date of this Agreement, electronic lighted remote controlled signs shall be installed near the intersection of Bonita Beach Road and Barefoot Beach Boulevard that shall be activated by County Park Rangers or Staff when the parking for the Preserve is at or near capacity. The language on the lighted signs shall read "Beach Parking Lot Full". The reasonable cost of the design and acquisition of these signs shall be borne by the Master AGENDA ~TEM Sctllc~nl Agreement NO. / ~) 25~202 doc of 9/18,95 NOV 10 1998 Association. In designing such signs, the ,Master Association shall confer v, ith and obtain the consent of the Counff. v, hich consent shall not be unreasonably ~,ithheld. The precise location and design of the signs shall be determined by the Master Association and County v, ithin 60 da.ss follo¥,ing the date of execution of this Agreement by the Panics. WheneYer the Prese~'e parking lot is full or near c~paci~' as detc~incd by Count)' Park Staff, the Count' shall activate the electronic sign(s) to advise the public'of · e szazus of parking spaces at the Presen'e. The lack of available parking at the Prese~'e shah have no effect on the public's right ~o access the Park via the Road during Park operating hours. 7. Judicial Approval nf Settlement Agreement. ~e Panics agree that, upon full execution of ~his Settlement Agreement, the Panics shall file a joint motion in Circuit Court Case ~o. 95-0073-CA-01 (the "Action"). ~hcreby the Panics shall jointly request th~ L'oun zo enter a final order inco~orating and ~pproving this Se~lement Agreement and dismissing full and complete resolution of all issues be~¥een lhe Panics, and to request the C'oun zo re~ain ~urisdiczion for enforcement pu~oses only. 8. Dismissals With Prejudice. ~e Coun~ agrees to dismiss ~ith prejudice its appeal against the t{omeo~ners in CEB Case No. 96-012. Appellate Case No. 97-1055-CA (the "Appeal"). ~¥ithin five (5) days of the enid' of a final order inco~orating and approving this Se~lement Agreement in Case No. 95-0073-CA-01. ~e Panics agree not ~o seek costs, expenses and auome~'s fees against each other of any nature ~ hatsoever related to the Action or Appeal. 9. Effective Date. ~is Agreement ~'ill become effective on the date on ~hich the Cou~ enters a Final Order inco~orating and appro~ lng it. I0. De~aulz~reach. In the e~ent that any Pa~y to this Settlement Agreement commits an act of default%reach of this Settlement Agreement, and such act of default~reach is ~aived by the non- defaultin~'non-breachin~ Party, such ~¥aiver shall not operate, nor be construed, as a xYaiver of later. similar or dissimilar defauhs.~rcaches. Upon defaul~reach of this Settlement Agreement by any Party, ~ non-defaulting'non-breaching Pa~ shall have the option to exercise all available remedies at law anchor in equi~ (including, bu~ not limited to, claims for injunctive relief anCot damages), in the Circuit I AGENDA ITEM S¢~lcmen~ A~rccmcnt ~ " 255202.d~ o~9/i~gl Court to enforce the terms of this Agreement entered as a Final Order. Said remedies at law and;or in equi~' shall be sought before the Circuit Court that retained jurisdiction over the Settlement Agreement for enforcement purposes only. !!. Attornev's Fees and Costs. The Parties agree that in the event an)' Party. to this Settlement Agreement applies to the Circuit Court. pursuant to a motion or action for enforcement of this Settlement Agreement resulth~g from a defaultA~reach of this Settlement Agreement by the other PAR', the prevailing Party in such proceeding shall be awarded its reasonable and necessary attorney's fees and costs, including appellate attorney's fees and costs, incurred in such proceeding(s). In the event the County. is the pre~ailing ParE..'. the award of reasonable and necessary attorney's fees and costs in their favor shall be compmed pursuant to the fair market value of the anorney(s) time and services involved (as governed by applicable rules of The Florida Bar and case law) and not on the basis of the annual salad' of the attorney(s) paid by the governmental entity. 12. Entire A,2reement. This Setde~nent Agreement, consisting of ten (10) consecutiveb' numbered pages, constitutes the entire agreement between the Parties. Any amendment, modifications. and/or extension of this Settlement Agreement, to be effective and enforceable, shall be in writing and officially and duly executed by the authorized legal representatives of the respective Parties. ATTEST: D~,qGtlT E. BROCK. CLERK Approved on behalf ef counsel for the By: Ramiro Mafialich, as Chief Assistant County Anorney BOARD OF COL~T3( COMMISSIONERS OF COLLIER COU,~TY, FLORIDA By: Barbara Berry., as Chairperson S¢~flcmcn( Agr¢~m:nt 2~ ~20Z doc of 9/~ ~91 P~I;¢ 9 of I0 NOV 10 1998 ~ ~ ii II I I II II III Ell I I IIIII ...... IIII II IIII I I II LELY BAREFOOT BEACH PROPERTY O~, .NER'S ASSOCIATION, INC. Witness Signature Printed Name By: Barry DeNicola, as President Witness Signature Printed Name Approved on behalf of counsel for the HOMEO~,'NERS: CUMMINGS & LOCKWOOD Attorneys for Lel), Barefoot Beach Property Owners Association, Inc. and Lely Barefoot Beach Master Association, Inc. By: Jason It'. Kom, Esq. as counsel LELY BAREFOOT BEACH MASTER ASSOCIATION, INC. By: James Ryan, as President By: Gary Kinsella, as interim President 2$~:~02.dcM: AGENDA ITEM I. OA , SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT, ("Agreement"). is entered in:o this ~ da>' of .1998, by and bet~'een Collier County. by and through the Board of County. Commissioners of Collier Count', Florida. a political subdivision of the State of Florida. ("CounD'"), and the Board' of Trustees of the Internal Improvement Trust Fund for the State of Florida by and through Robert A. Butterwonh in his official capaciD, as Attorney General for the State of Florida ("State"), and Lely Barefoot Beach Property Owners' Association, Inc., a Florida corporation, ("Property. Owners"), and Lely Barefoot Beach Master Association, Inc., a Florida corporation, ("Master Association"), (collectively, the Propert?' Owners and Master Association may be referred to as "Homeowners") (and all the parties to this agreement may be collectively referred to as the "Panics"). WITNESSETH: WHEREAS, the Propert?' Or, nets and Master Association are homeowners associations representing residents of the Lely Barefoot Beach subdivision (the "Subdivision") located in Collier Count', Florida; and WHEREAS, there is a certain meandering north-south road running through the subdivision commonly known as Lely Beach Boulevard (the "Road"); and WHEREAS, ProperD.' O~ners o~n the follo~ving described real propero.' comprising the northern most section of the Road: Tract R of Lely Barefoot Beach, Unit One, according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court &Collier Count', Florida, in Plat Book 12, Pages 34-37, inclusive, more commonly known as Lely Beach Boulevard ("Tract R"): and Settlement Agreement 25988 I.doc of Page I olio AGENDA y~TE~ NO, NOV 10 1998 WFIEREAS, Master Association os~ns that portion of the Road beginning at the southern most point owned by Property. Owners and continuing south to the Road's southern terminus; and x,~,q"IEREAS, the Property Owners and or the blaster Association are the successors in interest of Lely DeYelopment Corporation as to that certain Use/Access Agreement dated November 10, 1987 betv, een the CounD' and Lely DeYelopment Corporation; and " WHEREAS, the Count' og'ns outright cerlain land lying at the southern terminus of the Road, and it controls by virtue of a lease from the State of Florida land upon w'hich it operates Barefoot Beach PreserYe Count>.' Park (the "Park"); and WHEREAS, the Road leading into the Park is a privately-owned road and is the sole land-use access to Lely Barefoot Beach subdivision, a communiD' of privatel.v.owned homes, as well as the sole land-use access to the Park and State Preserve at the southern end of the Road; and ~,~,q-t'EREAS. the CounD' and the State of Florida have easement access rights ~¥hich include the Road for the public to reach the Park and the Stat~ Preserve (collectively, the "Preserve"); and WHEREAS, Homeowners use the Road to access their homes and operate a Guardhouse located in the middle of the Road, approximately 252.1 feet south of the pavement line of Bonita Beach Road; and WHEREAS, a controversy has developed betsYeen the Parties regarding each other's rights svith respect to the location of the Guardhouse, the use of the Road by members of the general public to access the Park. the operation of the Guardhouse. and the validi~' and enforceability of various contracts; and WHEREAS, Homeo~¥ners sued the CounD' in the pending Circuit Court Case, No. 95-0073-CA- 01, in thc 20th Judicial Circuit in and for Collier Count', Florida, seeking declaratory relief ~,'ith respect to the Guardhouse location on the Road and certain documents, of public record, which establish and/or impact the public's permanent easement rights on the Road to access the public Park lands ancL/or to the Preserve to the south; and '¢,q-tEREAS, the State intervened in the pending Circuit Court Case, No. 95-0073-CA-01, in the 20th Judicial Circuit in and for Collier Count', Florida, against the Homeowners AGENI TEM No. iOA declaratoD, relief with respect to the location of the Guardhouse and the public's easement rights to access the public Park lands and/or Preserve to the south and other claims; and WHEREAS, in the pending Circuit Cot~n Case, No. 95-0073-CA-01, in the 20th Judicial Circuit in and for Collier County, Florida, Homeo,,vners also seek injunctive relief v, ith respect to a Count,.. Code Enforcement Board ("CEB") enforcement proceeding, v, herein the CounD' seeks to declare the Guardhouse location in violation of the controlling PUD Ordinance and thereby, to obtain the ultimate remedy, a CEB Order directing the immediate removal of the Guardhouse from the Road in Tract R, or suffer the legal consequences of impositions of fines, liens and ultimate foreclosure proceedings; and WHEREAS, in CEB Case No. 96-012, County cited Homeowners for certain violations of the Collier County kand Development Code ("LDc") (Ordinance No. 91-I02, as amended), and of PUD Ordinance No. 115-83, and noticed the manor for hearing before the CED; and WHEREAS, in Circuit Court Case No. 95-0073-CA-01 and CEB Case No. 96-012, the Homeou. ners maintain that the Guardhouse location in the middle of Road in Tract R, approximately 252. I feet south of the pavement line of Bonita Beach Road, is properly permitted by Count. pursuant to Building Permit No. 88-734, and therefore, is la~,fully located in the Lely Barefoot Beach PUD, in compliance with Collier Count. PUD Ordinance No. 115.83; and WItEREAS, in Circuit Court Case No. 95-0073-CA-01 and in CEB Case No. 96-012. Count.,. maintains that: the Guardhouse location violates PUD Ordinance No. 85-83, ~vhich perm/ts an entr)' ga:e facility to be located in Tract A, not Tract R, although port/o? of the gatehouse/guardhouse facility' complex ma.,.' extend over and into the road; that PUD Ordinance No. 85-83 prohibits an.,,' modification to Tract R that would interfere ~'ith access to the public Park lands to the south; and finally, that the Guardhouse ~'as constructed in Tract R pursuant to a building permit issued in error and that therefore t~'e Guardhouse location constitutes an impediment to public access to the Park lands to the south, also a ;'iola~icn of PUD Ordinance No. 85-83; and WHEREAS, a multiple day hearing was held by the CEB in this maner, in w'hich the Parties were represented by counsel, presented evidence, examined the v, itnesses and pre~n,.4 ~h,4, ,~.,~ ! AGENDA I TlC'Iv 259881 ,do~ of 9/l oreo I N 0V 1 0 1998 arguments, and thereafter, the CEB deliberated in the Sunshine, and made their oral findings of fact and conclusions of law, which subsequently were reduced to a final wrinen order, dated February 27, 1997; and 9,TIEREAS, pursuant to CEB Final Order, dated February 27, 1997, the CEB determined that the present Guardhouse location does not impede public access to the Park lands to the south and funherl is not in violation of the LDC, ,~nd so, dismissed the charges; and WHEREAS, presently pending in the Appellate DMsion of the 20th Judicial Circuit is the Coun~"s Appeal of the CEB Final Order, pursuant to its timely-filed Notice of Appeal: and WHEREAS, the Parties agree that it is in the public's best interests, as ~ell as in the best interests of the residents of Lely Barefoot Beach, that there be an end to further litigation among the Parties by an amicable resolution of Circuit Court Case No. 95-0073-CA-01 and of Appellate proceedings of CEB Case No. 96-012 without the need for further court or administrative proceedings; and WHEREAS, the Panics agree that PUD Ordinance 8543, as well as preceding PUD Ordinances affecting Lely Barefoot Beach, recognize and preserve the right of the residents of Lely Barefoot Beach subdMsion to security against Road entry, by unauthorized persons or vehicles, as ~ell as the public's right to unimpeded beach access along the Road to the Park lands to the south; and WI-tEREAS. the Parties agree that the public desires to have unimpeded access to the Preserve through use of the Road during normal park hours, and the residents of the kely Barefoot Beach subdMsion desire to preserve their rights to night security v,'ithin the subdMsion. WHEREAS, the Parties are desirous of entering into this Settlement Agreement ~vhich preserves and protects the respective rights and best interests of the Parties and those the5' represent upon the terms a~d conditions set forth below. NOW TffEREFORE, IN CONSIDERATION OF THE JOIN'F AND MUTUAl. COVENANTS CONTAINED HEREIN, AND IN CONSIDERATION OF THE MUTUAL BENEFITS TO FLOW AGENDA yEM No. /tO .. Scnlcmcnt Agreement 2 9. r. o, NOV 10 1998 IOA FROM ONE TO THE OTHER, THE PARTIES HERETO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS SET FORTH HEREIN. I. Authori~'. The undersigned, executing for and on behalf of the respective Parties, are the dul)' authorized representatives of the respective Parties to this Settlement Agreement with full authority and po~¥er to execute and deliver this Settlement Agreement and to bind the Parties to the terms and conditions as set forth herein. 2. Public Access RightS. Homeowners do not and shall not in the future contest or object to the rights of access of Park visitors who do not reside in the Subdivision to use the Road for ingress to and egress from the Park from 8:00 a.m. until sunset, each and every day of the )'ear. In addition, the Count).' has the right to conduct sea turtle watches during nesting season outside the normal Park operating hours and use the Road for ingress to and egress from such watches. The Counv,.' also has the right to infrequently conduct similar outdoor nature programs outside the normal Park operating hours and use the Road for ingress to and e~ess from'such programs. Notice of such watches and programs shall be provided by the CounLy to the Master Association at least forty-eight (48) hours in advance by telephone call and contemporaneous mailing of a letter. 3. Guardhouse Locatinn. The Parties agree to waive, dismiss and/or release any present or future claims challenging the current Guardhouse location, approximately 252.1 feet south of the pavement line of Bonita Beach Road, in the middle of the Road in Tract R. The Parties do not. and shall not in the future, object to or contest the rights of Homeo~¥ners to occupy, operate, improve, and maintain the Guardhouse as set forth in this Agreement. If required by law, the Homeowners will obtain the appropriate Court .fy permit for improvements to the Guardhouse, ~'hich will not be unreasonably withheld by the County. In consideration of the foregoing, Count)' ma.,,' reasonably monitor the operation Of the Guardhouse during the daylight hours when the Park facilities to the south are open, in order to assure that the Guardhouse operation facilitates and assists public beach access and therefore functions as a benefit to public beach access, rather than impeding public beach access. Notwithstanding, the l-[omeowners ma)' simultaneously maintain their ov,'n personnel in the Guardhou~ AGENDA.ITEM No. /gL4- $ct~lcmcn{ Agrccmcn~. P:g: 5 of I0 · ! hours to assist, to direct, or other, vise to guard the residents of Lely Barefoot Beach and their guests. licensees, and/or invitees. 4. Guardhouse Operation. The Panics agree that at all times during open Park hours. 8:00 a.m. to sunset, the Guardhouse gate arms shall be removed in order to allow unimpeded public access to the Park lands to the south of Tract R. At no time during the Park operating hours shall any Property. O~¥ner's personne' and/or Master Association's personnel prohibit public access to the Park facilities to the south, nor be obligated in any fashion or form to assist and/or guide the public to the Park facilities to the south. Rather, County personnel shall bear full and exclusive responsibili~' to assist the public in accessing the Park facilities to the south during Park operating hours. At no time shall County personnel be required to assist Lei)' Barefoot Beach residents, their guests, their invitees,'licensees in accessing any private property owned and/or maintained by the residents of Lely Barefoot Beach. Beach traffic shall use the western most lane away from the Guardhouse. This lane shall be clearly marked by signage as a lane for beach going traffic. The Parties agree that it is not an impediment to public access to the Park facilities when drivers voluntarily stop their vehicles at the Guardhouse to discuss matters with personnel stationed at the Guardhouse. The drivers will not be encouraged to actively seek stops at the Guardhouse that impede the flow of traffic. In the event Homeowners install an exit gate at the Guardhouse, such exit gate arms shall be removed during open Park hours. 8:00 a.m. to sunset, and remain removed until approximatel)' one-half hour after sunset. Homeo~sners, in their sole discretion, may close gates across the Road to control ingress to and egress from the Subdivision after official Park operating hours, bet~veen sunset each da.,,' and 8:00 a.m. the following day. The Count],.' shall lock the gate at the entrance to the Park after Park operating hours in accordance with its standard operating procedure at all Count2,.' Park facilities. During turtle nesting season (May 1 through October 31 of each )'ear) County. shall not be required to lock the gate at any times that would interfere with County sea turtle nesting monitoring and protection activities. ABEl'(DA ITEM No._ N 0 V 1 0 1998 Pale 6 or' I0 The County. will request (by letter), for the safet)' of pedestrians and Park visitors, that the Collier Count)' Sheriff perform patrols along the road. 5. _Use!Access Ao_reement. Homeowners hereby unconditionally and completely release County from that certain provision in that certain Use/Access Agreement dated No~'ember 10, 1987, entered into between Count)' and Lely Development Corporation, predecessor in title to the real propert}' interest in Homeowners, with respect to paragraph $ which provides: Board agrees that standard operating procedure of recreational activities occurring on Property will include limiting the number of vehicles accessing the Property. to the number Of actual park{ng spaces located on the Property. If parking becomes full at any time, access to Property will temporarily be closed at the intersection of Bonita Beach Road at the entrance to Lei2,' Barefoot Beach subdivision until such time as parking spaces become available. Seller, or its assigns, shall have the right to stop access to Propert).' when parking lot is full. 6. ~. Within 180 days of the effective date of this Agreement, the Count)' shall install informational signs, compatible with the' character of the Subdivision. between Bonita Beach Road and the Guardhouse w'hich shall be visible to the public, and ~,'hich shall provide information regarding access to the Lely Barefoot Beach Park facilities. The costs of said signage shall be borne b? the County. The intent of such informational $ignage is to advise the public of the Preserx'e locations, the parking fees, and parking space availability. There shall also be informational signs regarding the separate parking lot for Lely Barefoot Beach at the northern end of the Road, as distinguished from the parking for the Preserve at the southern terminus of the Road. Count)' agrees that in designing such informational signage County shall confer with and obtain the consent of the Homeowners to ensure that such signage is of similar character as is presently installed near the entrance to Lely Barefoot Beach subdivision, x~'hich consent shah not be unreasonably vdthheld, it shall not be required that any of the signs be lighted. The precise language. location and design of the signs shall be determined by the County and Master Association to this Agreement within 60 da.vs following the date of execution of this Agreement by the Parties. ScMcmcnt A~rccmem 25985 I.do¢ of 911 ~,~ ~ i ii ii Iii I I II I I I I I ....... I IIII I I IIII ~-- -- .... Il Additionally, within approximately 180 days of the effective date of this Agreement, electronic lighted remote controlled signs shall be installed near the intersection of Bonita Beach Road and Barefoot Beach Boulevard that shall be activated by County Park Rangers or Staff v, hen the parking for the Preser~'e is at or near capaciD'. The language on the lighted signs shall read "Beach Parking Lot Full". The reasonable cost of the design and acquisition of these si~s shall be borne by the Master Associazion. in designing such signs, the Master Association shall confer ~'ith and obtain tile consent of the CounLy, which consent shall not be unreasonably withheld. The precise location and design of the signs shall be determined by the Master Association and County x~'ithin 60 days following the date of execution of this Agreement by the Parties. Whenever the Prese~'e parking lot is full or near capaciD, as determined by County Park Staff, the County shall activate the electronic sign(s) to advise the public of the status of parking spaces at the Presen'e. The lack of available parking at the Presen'e shall have no effect on the public's right to access the Park via the Road during Park operating hours. 7. Judicial Appro,,'al of Settlement Agreement. The Parties agree that, upon full execution of this Settlement Agreement, the Parties shall file a joint motion in Circuit Court Case No. 95-0073-CA.01 (the "Action"), whereby the Parties shall jointly request the Court to enter a final order incorporating and approving this Settlement Agreement and dismissing the Action ~a'ith prejudice as a full and complete resolution of all issues betv, een the Parties, and to request the Cour: to retain jurisdiction for enforcement purposes only. 8. lr)ismis,~als VVith Prejudice. The County agrees to dismiss ',~ith prejudice its appeal against the ttomeo~,.ners in CEB Case No. 96-012. Appellate Case No. 97-1055-CA (the "Appeal"). within five (5) days of the entr7 of a final order incorporating and approving this Settlement Agreement in Case No. 95-0073-CA-01. The Parties agree not to seek costs, expenses and attorney's fees against e~ich other of any nature whatsoever related to the Action or Appeal. 9. Effective Date. This Agreement ~,'ill become effective on the date on v,'hich the Court enters a Final Order incorporating and approving it. .doc ofgll ~ AYENDA ITEM NOV 1 0 1998 10. Default/Breach. In the event that any Part).' to this Settlement Agreement commits an act of defaulffbreach of this Settlement Agreement. and such act of default/breach is svab,'ed by the non- defaulting'non-breaching Party., such waiver sh.~ll not operate, nor be construed, as a waiver of later, similar or dissimilar defaults/breaches. Upon default/breach of this Settlement Agreement by any Part~.', a non-defauhing/n°n~breaching Party. shall have the option to exercise all available remedies at I~w and/or in equity (including. but not limited to, claims for injunctive relief and/or damages), in the Circuit Court to enforce the terms of this Agreement entered as a Final Order. Said remedies at law ancFor in equiD' shall be sought before the Circuit Court that retained jurisdiction over the Settlement Agreement for enforcement purposes only. II. Attorney's Fees and Costs. The Parties agree that in the event any Part).' to this Settlement Agreement applies to the Circuit Court, pursuant to a motion or action for enforcement of this Settlement Agreement resulting from a defaulLtbreach of this Settlement Agreement by the other Part).', the prevailing Part?.' in such proceeding shall be a;,~'arded its reasonable and necessary artome)"s fees and costs, including appellate attorney's fees and costs, incurred in such proceeding(s). In the event the CounD' or State is the prevailing Party., the award of reasonable and necessat7 attorney's fees and costs in their favor shall be computed pursuant to the fair market value of the attorney(s) time and services involved (as governed by applicable rules of The Florida Bar and case la~s') and not on the basis of the annual salary of the attome)'(s) paid by lhe governmental entity.. 12. Entire Agreement. This Settlement Agreement. consisting of ten (10) consecutivel? numbered pages, constitutes the entire agreement bet~een the Parties. Any amendment, modifications. ancFor extension of this Settlement Agreement, to be effective and enforceable, shall be in s~ritin,, and officially and duly executed by the authorized legal representatives of the respective Parties. ATTEST: DX~,IGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOPdDA By: Barbara Berry., as Chairperson AGENDA_ ITEM Approved on behalf of counsel for the COUNTY: By: Ramiro Mafialich, as Chief Assistant Count2,.' Anomey THE BOARD OF TRUSTEES OF THE INTERNAL hMPROVEMENT TRUST FLeD FOR THE STATE OF FLORIDA Wimess Signature Printed Name By: Robert Bunen,,orth in his official capacity as Anomev General for the State of Florida Wimess Signature Printed Name LELY BAREFOOT BEACH PROPER'IW O\VNER'S ASSOCIATION, INC. By: BarD.' DeNicola, as President Witness Signa:ure Printed Name Approved by counsel for the HOMEOWNERS: CUMMINGS & LOCKWOOD At'tomeys for Lely Barefoot Beach Property Owners Association, inc. and Lely Barefoot Beach Master Association, Inc. By; Jason H. Korn, Esq. as counsel 2598S I .doc of 9/I 1.91 ~ IOor~O LELY BAREFOOT BEACH MASTER ASSOCIATION, INC. B.v: James Ryan. as President By: Gar).' Kinsella. as interim President AGENDA ITEM No. NOV 1 0 l g8 Memo Through: From: Date: Subject: The Honorable Timothy J. Constantine, Commissioner, District 3 Robed F. Fernandez, County Administrator '; / Ed Ilschner, Public Works Administrator.~~ December 7, 1998 Traffic Signal - Santa Barbara Blvd. and Recreation Lane ~,-m-d I Kant. P.E.. Transportation Sen'ices Director. has provided mc with a cop.,,' of your December 2, 199g memorandum conccming thc schedule for thc installation of a traffic signal at the inlcrscction of S,'mta Barbara Bouk.~m'd and Recreation Lane. For some reason, v,c have had difficulty in communicating thc correct schedule for this project. For this I must extend my sincerest apoloD.' to you. I had something to do v, ith tim first communication problem associated with this project. I received a call from Phil Tindall. Administrative AssistanL asking for information (m the start-up ora traffic signal, l ~ cx'tremcly bur,.' that day and I did no~ realize he ~'`=s asking about the Santa Barbara and Recreation Lane signal. I thought he wanaxl information on our start up procedure for traffic signals. So, I told him that we placed traffic signals in a flashing mode for a number ofdays to acquaint the public and then placed them in full operatic,. Tim resultant message to .,,'our office '`vas tiat the Santa Barbara Boulevard signal ,,,,'as in flash operation when. in reality, no traffic signal was in place. This has caused some concern. I can only apologize for this miscommunication and pledge that ~e will ensure cit.'hr and corn.~ communication in the future. With respect to your current inquiry rcxarding the status of file Santa Barbara Boulevard traffic signal, wc l~avc rc~icx~cd our documentation and proposed construction schedule for this project and offer thc following information. This location '`,,'as .studied for a traffic signal several times over thc past few .,,'mrs and ~as never able to meet the ~=rrant criteria for signalization contained in the Umform M~ual of Traffic Control Devices. Thc most recent study indicated that ~t x~ot,ld be eligible for a signal this fiscal year. In thc early part of this ca!cndar year, Mr. Kant and former Transportation Director Da~4d Bobamck flared fills information x'`Sth vou and several of your conmtuents m a meeting held in >'our office. At that time. those present xvcrc tohl that it would be included in this riscal year's capital traffic si..mml program and that it would be listed as our highest priority prqt:ct. 10C Wb.."n v,c pr,,.~-nted the Countyvddc Traffic Si~l System Annual Report to the Board of Count.'.' Commissioners eBCC) on September I. 199,'t, tl~: Santa Barbara at Recreation Lane traffic ,`,.as on the list. A revi,..-,v of the minutc.'s of that BCC m~nng dcx.'s not indicate that svc made rcprt_'sc'ntation as to v, hen ,,ve ,`vould construct file traffic sisals contained in this report. Thc S.'mta Barban traffic signal ,,,,as listed as the first traffic si.~al in the list of pl.'um,.xt projects and this an indication fltat it ~as our higi~.'st priority project. I ha,,c not be,,.'n able to find an.'.,,' correspondence from my office committing to a slx.'cific schedule for this proj,.~ If a member of my staff verbally made a t,me certain commitn~.'nt, it ssas without my approval or knoxville I do 'knm~.' d=t ~,`e have indicated fl=t this project would be our hi,~est prion~' proj,.'a and ~'e ,,'`'mid Ix.~in its dcsi!~ as soon as tile Board of Count' Commissioners approved fundiag for it TI,s co,r,mitmcnt has Ixx.'n mci. Wilson Miller is presently desi.~ing the traffic s~g~l. Tlus traffic signal project is not a standard or nom~[ proJect because it is complicated bv thc faa d~at thc bridge over [-75 poses a sight restriction problem that must be accommodated This '`~ilI require special advm~cc notification techniques that must be properly desi2uricd and constructed in conjunction ~ith d~c st~lard tr'aJ'fic slip,al installation. Wi[son Miller indicates they ,`sill Mvc a prcliminar?.' plan ready for rc~icnv prior [o thc first of thc .'.'car. This prclimirtao.' plan should provide suf'ficicnt information to enable us [o ck-tenninc ~,`hcrc to construct some of.the major components of thc signal installation. Wc have spokcm ,`,`id~ our signal contrhctor. Mid-continent Electric. Inc,, to sec how we c.'m work '`dth them to accelerate the actual field construction Th~.?' Irate indicated a '`dllingness to '`'`ork '`~dl us to provide earl,,,' installation of the controller ix'destal base. the s~min poh:s and the induction loops as soon as ~xe can reasonably identify thc locations ~dlere these components '`'`'ill be placed. In addilion, we are attempting lo place file ad,,oalce '`yarning flashing beacons in advance of file !-75 bridge to preclude our lu,,ing to obtain FDOT and FHWA permission to place these d¢,`ices on file bridgc itself. The engineering analysis for placing fl~ese x,`amings should be comph:tc ~dflun file ncxt four to six ~vecks If all of thc constraints relanvc to this si2a'~al installation can be rcsoh'ed, there is a possibili~' that our schedule can be accelerated to provide flus signal unrlier than file March 1999 date given to you by Mr. Kant several weeks ago We can assure .s'ou that '`~e s~ill do eversthing we can to move this project ahead ql,,ckly, but I c.'mnot guarmlt~.x: you fl~at ~c can complde the project prior to March 1999 If there arc any questions or ifyot, n,.',:d additu)nal infonnation, plc'tsc let me knox,. Eds~ard J. Kant. P.E. Transportation Services Din.x'tor Capp Br,:cdcn. Traffic Operations Sulx:rvisor File NapLes NapLes, FL ~102 Affidavit of Pubt~cat~ NapLes DaiLy BOARD OF COUNTY CO~%SS%OflEIIS ATTN: Iq%ATTA S%IK.EAF PO BOX 41~016 IIAPLES FL ~/.101-}016 REFER£HCE: 0~2~0 9~ ~501 S7T82998 91o102 NOTtCE OF %NT Stlte of FLort~ C~ty of CoLLier ~fore t~ ~erst~ ~t~rt~y, ~r~LLy ~lr~ ~eLa 8ry~t, ~ ~ ~th ~ys t~t s~ serves as AssJst~t Secretary of the ~tes Deity ~s, · ~$Ly ~s~r ~Ltsh~ et ~Les, $n CoLLier C~ty, F~orJ~: t~t t~ ettech~ ~ of ~verttst~ vas ~Lt~ tn ~id n~s~r ~ ~tes Affl~t farter ~yi t~t t~ ~td ~L~ htLy CoLtter ~ty, FLor{~, ~ t~t t~ ~r ~t ~retofore ~ ~Lt~ tn ~td Co,tier C~ty, FLortb, e~ch ~y ~ ~s ~en ~ter~ as sec~ cLass ~tL ~ter s~ t~ ~st off,ce i~ ~pLes, tn said CoLlier C~y, FLor~, for 4 ~rt~ of 1 yelr ~x~ prec~i~ the f~rst ~Lic~t$~ of t~ attac~ ~ of ~vert~l~t; I~ furt~r says t~t she ~s neither ~id ~r pr~l~ a~ ~r~, fire or c~ret~ any di~c~t, re~te, c~s~t~ or ref~ for t~ ~r~se of lecuri~ thBs ~vert~s~t for ~L~t1~ ~n t~ said n~s~per. ~L%~ED ~: 11/22 Iter Coun~ Government Center 3301 E~t T~ ~ ~d ~ C~ C~- ~ ORO~NANCE A~ENDING O~O1- NANCE NUMBER 91-102 T~ COLLIE~ VELOPMENT CODE COMPREHENSIVE ZONING REGULA- ~ C~L~e C~NT~, I~G THE OFFICIAL OF T~ ~E~N ~- ~ C~NTY ~L~I- ~ ~ ~ ~ve ~h re~d ~ OLLIE~ BERRY, BROCK, FAX ! OF P~ (~mzr, unil~ Tn'r~ covlm) P ,'~'l PERREI,i, ~0~: NAPI.ES DAiI.Y NE~d.q NO: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, DECEMBER 8, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE A/qENDING ORDINANCE NUMBER 91-102 THE COLLIER COtJNT7 LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNICORPORATED AREA OF COLLIER COUNTY, FLORIDA BY Ag4ENDING THE OFFICIAL ZONING ATLAS MAP NUNBER 8627S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLAS{NED UNIT DEVELOPMENT KNOWN AS WYNDHAM PARK PUD FOR SINGLE FAMILY AND MULTI-FA24ILY RESIDENTIAL LAND USES; LOCATED ON THE WEST SIDE OF C.R. 951 APPROXIMATELY 0.6 MILE SOUTH OF IM~4OKALEE ROAD (C.R.g46) IN SECTION 27, TOPS{SHiP 4R SOUTH, RANGE 26 EAST, COLLIER COUNTV, FLORIDA, COI'~ISTING~,~ OF 120.85+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-98-7, Michael R. Fernandez, AICP, of Planning Development Incorporated, representing Mastercraft Homes, Ltd. requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as Wyndham Park PUD for single family and multi-family residential land uses. Copies of the proposed Ordinance are on file with the C!ez~k to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wi.~-:hinq to speak on any agenda item must register with the County admini.~;trator prior to presentation of the agenda iter. to be addres:;ed, individual speakers will be limited to 5 minutes any item. The selection of an individual to speak on bohalf ©f an organization or grot3p is enc,;uraged. If recognized by the Chazrraan. spokesperson for a group or organization may be allotted i0 minutes speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, D,~puty Clerk (SEAL) November 5, 1998 Mastercraft Homes, Ltd. 9311 College Parkway Fort Myers, Fi 33919 Public Hearing to Consider Petition PUD-98-7 Wyndham Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 8, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 22, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 5, 1998 Mr. ~4ichael R. Fernandez AICP Planning Development, INc. 5133 Castello Drive Suite 2 ~;aples, FL 34103 Public Hearing to Consider Petition PUD-98-7 Wyndham Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 8, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 22, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 5, 1998 ~4s. Pam Perrell ~aple~ Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUD-98-7 Wyndham Park Dear Pam: Please advertise the above referenced notice one time on Sunday, November 22, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 COLLIER COUNTY FLORIDA REQUEST FOR LEGAl. ADVERTISING OF PUBLIC IlEARINGS To: Clerk lo the Board: Plea.se place thc folhm'ing as a: XXX Normal legal Advcrliscmcnl tDispla5 Adv. local)on. [] Other: j. ,.. '~ Origmalmg Dcpff Div: Coznm. Dcv. Scrx'./Pl:mning Pcrson: Dalc: Petition No. (if none. give brief dcscription): PUD-9~-? Pclilioncr: (Na,nc & Address): Maslcrcraft Itomcs, Lid., 931 I College Parkway, Forl Mvcrs, FL 33919 Name & Address of an)' person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. Michael 1: Fern:mdc/, AICP, Planning Dcvclopmcm,_lnc., 5133 Cas~cllo Drive, Suilc 2, Naples, FL 34103 Ba~d on advcnJscmcnl appcarmg 15 d;ixs before hcaring. XXX .";aplcs Dmlv Nc~vs Ofl~cr [] Lcgall.~ Required Propoqcd Tcxi: (Include legal description & coinmon location & Size: Pclition No. PUD-98-7, Michael R. Fcmandcz, AICP, of Planmne Dcvclopmcn! Incorporated, rcprc~nfing Mnslercrafl Homes, L!d., requesting a rezone from "A" Agriculture to "PUD" Planned Unil Development to bc knox~'n as Wyndham Park PUD for single family and ~nulli-familv rcsidcnlial land uses, for oropcnv loomed on Ibc ~vcs! side of C.R. ')51 approxitnmelv ti 6 o£a mile soulh of hnmokalcc Road. in Section 27, Township 48 Soulh, R;mgc 26 Easl, Collier Counlv, Florid:), consisting of 10059 plus or minus acres. Companion petition(s}, if any & proposed hearing date: Does Petition Fee include advertising cost'? ~cs [] No If Yes. what account should be charged for advertising costs: 113-1383234~491 I0 Rc, io, cd b,': '~,C~ ~;: C~ [ '2.. E C) [ ^ppro,'ed by: Divis)on Head Date Count)' Manager Date List Atlachments: DISTRIBUTION INSTRUCTIONS For hcaringn I)eforc BCC or BZA: Initiating person to complete one co)' and obtain Division llead approval before nubmitting to Count3' Manager. Note: if legal document is invoh'ed, be sure that ans' necessary legal review, or requ{ for same. is submitted to County Attorney before submitting to County Manager. The Manage["s office will distribute copies: [] Count)' Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clcrk's Office. rctalning a cop)' for file. o..,,,, ,,,,,,,,.,,,,: ,:,,,,,, o,-,-,,,,.,,,,: / z- r' ' . [[[[ [ [ [Ifil[ .... I Il Il - I Ill Ill ] [[[[ [][[[[[ [, ,,. ORDINANCE NO. 98- AN ORDINANCE AMEHDiHG ORDINANCE :~UMBER 91-102 THE COLLIER COUNTY LAHD DEVELOPMENT CODE WHICH INCLUC.-.o THE COMPr. EH~,.~iVE ZONING REGULATIONS FOR THE U;,IIi'~ ~ .~,~:.~,~D OF COLLIER COUNTY, FLORIDA a~m'~ui.,u .... OEFI .... ~ ZONING ATLAS MAP NUMBER 8627S; h':' CHAHGiHG THE ZONING CLASSIFICATION OF THE HEREiii DESCRIBED REAL PROPERTY FROM "A" AGRIC~LT'iRE TO KNOWH AS W'fNDHAid PARK PUD FOR SINGLE FAMILY AND MULTI --~,'.~f PESIEENTiAL LAND USES, LOCATED ON THE WEST SiDE OF C.~.9~! APPROXIMATELY 0.6 MILE SOUTH OF i''''° ...... :~'~ ~.~ ,',.',~.::~=n ..u~.u (o r.. 846) IN SECTION 27, TOW~]SHiP 48 SOUTH, :n,~c~ 26 EAST, ..... =~ COLLIER COUNTY, FLORIDA, CONSISTING OF 120.85+ ACRES; AND BY PROVID!..~ - .,= AN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, AICP of Planning Development incorporated, representing Mastercraft Homes, Ltd., petitioned the 5oard of Count',, Co~nissicners to change the zoning ~lass~fication cf the here!n described real property; ~:OW, THEREFORE BE IT ORDAi~ED by the Board of County Commissioners of Cci!let County, Florida: SECTION ONE: The zoning classification cf the herein described real srcperty located in Section 27, Township 48 South, Range 26 East, Col!let County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Wyndham Park PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8627S, as described in Ordinance Number 91-102, the Collier County Land Development Code, ts hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department o~ ~tate. PASSED AND DULY ADOPTED by ~.he Board of County Commissioners ;f Collier County, Florida, this day of , ' 998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficienc7 Student Assistant County Attorney f,'P%'D-99.-7 CI~DINA~IC£/ WYNDHAM PARK A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPNIENT CODE Prepared For: Mastercraft Homes, LTl). 93 i I College Parkway Ft. Myers, Florida Prepared By: Michael R. Fernandez, AICP of Banks Engineering, Inc./Planning Development Incorporated Joint Venture 5133 Castello Drive Suite 2 Naples, Florida 34103 941 / 263-6934 RECEIVED OCT 2 7 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE _ 10.05.98 Exhibit A TABLE OF CONTENTS PAGE THRU PAGE TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE ii 111 iv V SECTION I II III VI PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN DEVELOPMENT COMMITMENTS 1-1 2-I 3-1 4-1 I-2 2-8 3-6 4-4 ii LIST OF EXHIBITS AND TABLES EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F TABLE I TABLE II PUD Master Plan Exhibit PUD Location Map Typical Local Road Section A-A Typical Local Road Section B-B Typical Local Road Section C-C Water Management Concept Plan Wyndham Park Estimated Land Use Summary Summary of Development Standards for All Residential Structures iii STATEMENT OF COMPLIANCE The development ofapproximately 120.85 acres of property in Collier County, as a Planned Unit Development to be known as Wyndham Park x~ill be in compliance with the goals, objectives and policies of Collier County as set forth in the Comprehensive Plan. The residential facilities of Wyndham Park ,,fill be consistent with applicable comprehensive planning objectives of each of the elements of the Comprehensive Plan for the lbllowing reasons: The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The project development will result in an efficient and economical extension ofcommunity facilities and services as required in Policies 3. I.I.! and L of the Future Land Use Element. 3. The project will be served by a complete range of ser¥ices and utilities as approved by the County. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1. Policy 5. i and Policy 5.3 of the Future Land Use Element(FkUE) and therefore is eligible for the base density as provided by the FLUE Density Rating System. 'Fhc proposed density for the project is 3.66 units per acre which is less than the maximum density provided by' the FLUE Density, Rating System contained in the FLUE and therefore is consistent with the Future Land Use Element Policy 5.1. Base density for the project is four (4) dwelling units per acre. A portion of the parcel, 47 acres is within the one mile radius density band of the Immokalee/CR 951 Activity Center and therefore is eligible for an additional (3) units per acre. The project's eligible density is therefore is 47 acres at 7 u/a yielding 329 units and 73.85 acres at 4 u/a yielding 295 units: the sum project potential is 624 units or 5.2 u/a. In summary, the subject property has an area of 120.85 acres and is proposed to be developed with maximum of 442 units. The project site will have a density of 3.66 units per acre. This density is deemed consistent with the density provided for by the County's Growth Management Plan. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. SECTION I l.l 1.2 1.3 1.4 PROPERTY OWNERSItlP AND DESCRIPTION p, tJRPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions or' the property proposed to be developed under the project name of Wyndhaw Park. LEGAl. DESCRIPTION The subject property being: A TRACT OR PARCEL OF LAND SITUATED IN T/tE STATE OF FLORIDA, COUNTY OF COLLIER. LYING IN SECTION 27. TOWNSItlP 48 SOUTtt. RANGE 26 EAST. AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE NORTtl ~ OF THE SOUYIt ¼ OF TIlE NORTIt ¼ OF THE SOU.HIEAST 1/4; THE SOUTH ~ OF THE NORTHEAST 1/4 OF THE SOUTItWEST 1/4; THE NORTIt ~ OF THE SOUTHEAST 1/4 OF THE SOUTHWEST I/4; TIlE SOUTH 'A OF THE NORTHWEST 1/4 OF THE SOUTHWEST II4; THE NORTH ~ OF TIlE SOUTI[WEST I/4 OF 51qtE SOUTttWEST I/4; 'HiE SOUTIt ~ OF THE SOUTHWEST i/4 OF THE SOUTIfWEST 1/4 OF SECTION 27, TOWNSHiP 4 $ SOUTI t, RANG E 26 EAST, COLLIER COUNTY, FLORIDA LESS TIlE PORTION TttEREOF CONSTITUTION ROAD RIGHT OF WAY FOR COUNTY ROAD #951. SAID LANDS SITUA l'E LYING AND BEING IN COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THEREFROM 'l'ltE EAS~/ 100 FEET OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, HAVING BEEN CONVEYED TO TIlE STATE OF FLORIDA FROM THE USE AND BENEFIT OF TIlE STATE ROAD DEPARTMENT OF FLORIDA IN DEED FILED UNDER CLERK'S FILE No. 374112 IN OFFICIAL RECORDS BOOK 13, AT PAGE 61. PARCEL CONTAINS 120.85 ACRES, MORE OR LESS. PROPERTY OWNERSHIP The subject property is under uni fled control through contracts for purchase agreements. The purchaser is Mastercrafi Homes, Ltd., herea, fter called "applicant or developer". GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located within Section 27. Township 48S, Range 26 E, Collier County. The parcel ofapproximately 121 acres is located adjacent to and ,,vest of CR 951 and approximately 0.6 ora mile south of Immokalee Road. The site is also adjacent to and directly south of Oak Ridge Middle School. Bo The zoning classification ot' the subject property prior to the date of this approved PUD Document was A/Agriculture. l-I 1.5 PHYSICAl. DESCRIPTION 1.6 The subject property is relatively level ~ith elevations from 12.7NGVD to 13.9 NGVD and has been or is currently utilized for agricultural crop production or pasture lands. It is, therefore, generally clear of vegetation. The site has a limited amount of existing vegetation which is located on the parcel's eastern edge in proximity of CR 951 and the project's singular proposed access. The site has the following designation relative to flood -FEMA Flood Area Zone X, Firm Map Panel 215 of 1125 Community Panel No. 120067 0215 D; Map Revised June 3, 1986. PROJECT DESCRIPTION Wyndham Park is a planned development consisting of a mixture of single ofsingle family and multi-family units. Access to the subject parcel will be from the parcel's frontage on CR 951. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Wyndham Park Planned Unit Development Ordinance.' 1-2 SECTION II 2.1 PURPOSE PROJECT DEVELOPMENT REQUIREMENTS 2.2 The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in tl.e project, as well as other project relationships. GENERAl. me Bo Co Do Regulations for development of Wyndham Pa.rk 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 Comprehensive Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the consu'uction of improvements such as Final Subdivision Plat. Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where the regulations of this PUD Document fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. Unless other~4se noted, the definitions of all terms shall be the same as the definitions set forth in Collier Count3' Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Wyndham Park shall become part of the regulations which govern the manner in v,'hich the PUD site may be developed. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions ofother land development codes 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 of the 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. 2-1 2.3 2.4 2.5 DESCRIPTION OF PROJECT PI.AN .AND PROPOSED LAND USES ao The project Master Plan, including and use of land for the acreage noted, is illustrated graphically by Exhibit "A", PUD Master Plan. TABLE I: WYNDHAM PARK ESTIMATED LAND USE SUMMARY TYPE UNITS ACREAGE TRACT A Low to Medium Density Residential 82 21 TRACT B Lo,,,,' to Medium Density Residential !60 40 TRACT C Low to Medium Density. Residenti',.d 200 60 This acreage includes open space or recreational areas that may be located within residential acreage. Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an illustrative preliminary development plan. Design criteria and layout that is illustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the project's development, as set forth in this document. Modification to all boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherw/se permitted by this PUD document. Co In addition to the various areas and specific items shown in Exl'fibit "A", such easements as necessary (utility., private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The project shall be developed at a maximum density of 3.66 dwelling units per acre. .RELATED PROJECT PLAN APPROVAL REQUIREMENTS mo 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 Count.,,, governmental agency to insure compliance with the 2-2 PUD Master Plan, and as applicable, the Collier County Subdivision Code and the platting laws of the State of Florida. Bo Exhibit "A", PUD Master Plan. constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicabie, 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 Development Code, and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all planed tracts, or parcels of land as provided in said Division 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 method for providing perpetual maintenance of common facilities. Eo Except as provided herein, the design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Division 3.2. Fo 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 ora Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier Count5, Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. 2.6 MODEL ttOMES AND SALES FACILITIES Model homes, model home centers including a sales center(s) shall be permitted in conjunction with the promotion of the residential development of said tract subject to the following: A. Models may be constructed prior to recording of a plat. Bo Models may be permitted ~ "dry. models" and must obtain a conditional certificate of occupancy lbr model purposes only. Models may not be occupied until a permanent certificate of occupancy is issued. Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this section. Prior to the recording of any plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks and the like ms set forth herein. If platting is required, corrective deeds shall be recorded once the plat is recorded. Eo TemporaO' access and utility easements may be provided in lieu of dedicated rights-ol:way for temporar?' service to model homes. 2.7 LANDSCAPE BIJFFERS, BERMS, FENCES AND WALI.S Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Wyndham Park. 2.8 DEVELOPMENT SCHEDUI.E The applicant estimates completion of improvements to the property should occur by January 2004. 2.9 ~. MENDMENTS 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. 2.10 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and ~naintenance 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 ora Property Owners' Association or another appropriate entity 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, Section 2.2.20.3.8. 2-4 2.11 2.12 OPEN SPACE RF. QUIREMENTS A combination of the lakes, landscape buffers and open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pervious green space within development parcels and lots. AGRICULTURAl. ACTIVITIES 2.13 2.14 2.15 The site has previously been and is currently utilized for agricultural purposes. Agricultural activities, as defined in the LDC, shall continue to be a permitted use throughout the project until such time as residential development has commenced. EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance ~vith applicable regulations in effect at the time of development approvals. COMMON AREA MAI'NTENANCE Common area maintenance, including the maintenance ofcommon facilities, open spaces, water management facilities shall be the responsibility of the Developer, their successor or assign. HISTORICAI./A RCHAEOLOGICAL IMPACT Pursuant to Section 2.2.25.8.1 of thc 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. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Wyndham Park PUD. General permitted uses are those uses which general serve the Developer and residents of Wyndham Park PUD and are typically part of the common infrastructure or are considered community facilities. 2-5 A. General Permitted Uses: Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and recreational facilities, community centers. Temporary construction, 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 the requirements set forth in the Collier County Land Development Code. Landscape features including but not limited to landscape buffers, berms, fences and architecturally designed walls. o Fill storage subject to the standards set forth in the Collier County Land Development Code. Any other use which is comparable in nature w/th the foregoing uses and which the Development Sen'ices Director determines to be compatible. Development Standards: Unless otherwise set forth in this document the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - eighteen feet (18') except for guard houses, gatehouses, and access control structures which shall have no required setback. Sidewalks and bikepaths may occur within required buffers, however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk or bikcpath. 2-6 2.17 2.18 2.19 LAKE SETBACKS AND EXCAVATIONS The required setback to any right-of-way, roadway access easement or external property lines shall be thirty (30') feet if fenced. The required setback to any property line, tract line or structures internal to the development or to structures shall be zero (0') feet. Lakes may be excavated as development excavations to a maximum depth of twenty (20') feet. FILL STORA(JE Fill storage is generally permitted as a principal use throughout the project. Fill material generated may be temporarily stockpiled within areas designated for residential development. The following standards shall apply: Stockpile maximum slope: 3 to I (horizontal to vertical) Stockpile maximum height: Thirty-five (35') feet Fill storage areas shall be no closer than three hundred (300') feet from any developed residential properties, except as may otherwise be approved by Collier Count.-,' Engineering Review Services pursuant to a submitted grading and filling plan. Soil erosion control shall be provided in accordance with the Collier County Land Development Code, Division 3.7. In order to properly utilize the fill excavated from the proposed lakes, the site may be filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the LDC. SUBSTITUTIONS TO SUBDIVISION REGULATIONS The following design substitutions shall apply: LDC Section 3.2.8.3.17 and Section 3.4.8.4.14: Sidewalks shall be cortstmcted as shown by the typical road sections "A-A", "B-B" and "C-C" attached as Exhibits C, D and E to this PUD document. Sidewalks for single family lots will be constructed with the individual building construction. I,DC Section 3.2.8.3.19: Street name signs shall be approved by the Development Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Internal street pavement painting and reflective edging requirements shall be waived. Co I.DC Section 3.2.8.4.16.5: All internal streets shall be considered local streets and their right-of-way widths shall be fifty (.50') t'cet except as necessary to 2-7 accommodate mining lanes at the Project's main entrance. LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be waived. The maximum length of a cul-de-sac street shall be 1,800 feet. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. I. DC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. SECTION III LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN 3.1 3.2 3.3 PURPOSE The purpose of this Section is to identify specific development standards for the area designated on Exhibit "A" as Tracts A, B and C. MAXIMIJM I)WF.I.LING UNITS There shall be a maximum of 442 residential units developed within the project's residential tracts. USES PERMITTED Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. Multi-family uses shall not be mixed with single family uses on the same platted tract. Principal uses shall not be developed between dissimilar permitted use types, specifically, no multi-family type shall be located between single family detached family structures. At the continuous lot line between single family detached and multiple family housing units or a dissimilar housing type, a landscape buffer (separately or on the tract of the higher density unit) of at least twenty (20) feet shall be provided. This buffer shall minimally meet the requirements of the LDC's Type "B" l~dscape buffer. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part. for other than the following: A. Principal Uses: Single family detached, single family attached, cluster development and multi-family development. (2) Duplex and two-family dwellings. (3) Townhouses and garden apartments/condominiums. 3-1 3.4 (4) The clustering or grouping of housing structure types identified in this document may be permitted on parcels of land under unified ownership, or as may be other,v/se provided in Section 2.6.27 of the Collier County Land Development Code and subject to the provisions of Division 3.3 of the Collier County Land Development Code. ( .5 ) Open space or preserve area. Water management facilities and lakes. ( '7 ) Guard houses and entrance gates. An.,,' other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Accessory Uses: Uses and structures that are accessory and incidental to permitted uses, including private garages. (2) Recreational uses and facilities such as swimming pools, tennis courts and children's playground areas and similar facilities that serve as an integral pan of a residential development. Such uses shall be visually and functionally compatible with the adjacent residences which have use of such facilities. (3) Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. DEVE[.OPMt:.N'F STANDARDS (See Table Il, for greater specificity) GENERAl.: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. Generally whenever the word "setback" is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 3-2 Bo 2) 3) 4) 5) if the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. if the parcel is served by a platted private drive, setback is measured from the road easement or property line. Principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be an enclosed space. ",Vhen principal buildings front upon a common parking area, which in mm fronts upon a public or private right--or:way or non-platted drive, a minimum distance often (10) feet shall separate the principal building and any related parking facility, and a green belt often (10) feet shall separate said right-of-way, or other non-platted private drive from the common parking area. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however in such uses a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge ofcurb on a private tight-of-way without sidewalks or twenty (20) feet when a setback includes a sidewalk. MAXIMtJM ttEIGItT in order to provide a form of a compatibility within the context of existing residential development within Collier County, the maximum number of stories permitted shall be three (3) habitable floors for a maximum height of 35 feet. ST1REET TREE REQUIREMENT Street trees shall be provided throughout the development. A street tree plan shall be submitted for staff review and approval as appropriate. Street trees may be placed within residential lots and shall be installed prior to or concurrent with the construction of individual dwelling units or structures in proximity to the roadway or accessway. 3-3 TABLE II: Sb74M;%RY OF DEVELOP~4E.~r~ . T?~rDARDS FOR AI,L RESIDEq~TIAL ST-RUCTURES MULTIPLE FAMILY S7'RUC773RES. S INGLE PEP34II'TED USES FA/4ILY ZERO 2 - FAMILY / STA~rDARD~ DETACHED.. LOT L I N~.. DtrP LEX. TO__WN%{OUS.E_ APARTM~S MIN. LOT A3LFJ, PER STRUC71IRE OR PER DWELLING MIN. LOT WID17{ 6,000 4,800 2,400 1,800 ONE ACI~E 50 40 24 18 150 FEET MIN. AVERAGE CORD LENG7~{ MIN. SITE DEPI'H 26 26 20 16 18 FEET 100 100 100 100 100 FEET FRO~ YARD SETBACK (i) PRINCIPAL STRUCTLrRE 20 (ii) ACCESSORY FOR MULTI-FAMILY COVERED PARKING N/A 18 18 18 25 FEET N/A 10' 10' 10' FEET SIDE YARD SETBACK, PRINCIPAL A~ ACCESSORY STRUCTURES 5 5**OR 0'* 7.5** 7.5*** 15'** FEET MIN IMIR4 DIST;d;CE BETWEEN S7'RUCiTIRES 10 10 10 10 15'** FEET P~%R YARD SETBACK (i) PRINCIPAL STRUCTURE 20 15 15'* 15'** 15'** FEET (ii) ACCESSORY STRUCTURE 10 10 10'* 10'** 5*** FEET MA~. BUIL/)ING HEIGHT (i) ABOVE MFL 100 YF_AR 35 35 35 42 35 FEET (ii) ACCESSORY STRUCTURE 35 35 35 35 35 FEET FLOOR AREA MINIMIR4/D . U · 1,200 1,000 1,000 1,000 800 S.F. Notes: ee walls and similar structures shall have a setback of five (5) feet along the development's bo~daries along public right-of-way and a setback of two (2) feet along other perimeter trac bounda~-! where not abutting inter~al development tracts and a maximum height of ~2 feet as me fro~ the lowest centerline grade of the nearest public or private right-of-way or easement. ~5 FEET IF SETBACK INCLUDES SID~'~ALK TWE1TT'f FEET IF SETBACK ENCUMBERS A L~'$ ~%AINTENA2~CE EASEMENT OR W~kLF ~HE SUM OF THE HEIGHT OF T~{E STRUCI'JRES. WHICHEVER IS GREATER; T'W~f FEET IF SETBACK ENCUMBERS A LAKE'S MAINT~A/~CE EASEMENT 3.5 DEVELOPMENT STANDARDS FOR STRUCTURES WITHIN RECREATIONAL TRACTS A. Setbacks Bo Do Eo I. Front Yard: 25 feet 2. Side Yard: 25 feet 3. Rear Yard: 25 feet Maximum tteight: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Area: Minimum Distance Between Structures 35 feet or three (3) stories, whichever is least. 75 feet 75 feet 6,000 square feet I 0 feet 2-5 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 4.4 PURPOSF~ 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 accordance w/th Final Site Development Plans, Final Subdivision Plans 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, agree to 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 in title is bound by the commitments within this agreement. PUD MAS.TER PLAN he Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as 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. MONITORING REPORT AND SUNSET PROVISIONS me The Wyndham Park PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 4--1 Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 TRANSPORTATION The development of the PUD Master Plan shall be subject to and governed by the following conditions: ;mehal level lighting shall be provided at the PUD's access point to public right- of-way concurrent with the development of the entry, road. Bo The Developer shall provide fight mm and left turn lanes at the project's proposed access from CR 951 concurrent with the development of the entry road. The Developer shall bear the cost of these improvements which are not subject to impact fee credits. Co Under the present two-lane condition ofCR-951, the project may enjoy unconstrained access to and from the north and south. Do Under any future four-lane or six-lane condition of CR-95 I, there may or may not be a median opening to serve the project. Nothing in any development order shall vest the project with any right of access over ,'md above a right-in/right, out condition. Neither shall the existence or lack of a future median opening be the basis for any future cause of action for damages against the County by the project developer, successor in title or assigns. When requested by the County, and subject to the approval of the a Developer's Contribution Agreement for road impact tee credits for the fair market value of the dedication, pursuant to Ordinance 92-22, as amended, the developer shall dedicate up to sixty (60) feet of fight-of-way along CR 951 for future roadway, bike path and drainage improvements. Such dedication shall not be deducted from the PUD property for purposes for determining yards, lot area or lot dimensions. This dedication shall occur within one hundred and twenty (120) days of the County's request. Fo Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide pass through transmission of historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into an,,,' roadway drainage system not specifically designed for such discharge. 4-2 4.6 4.7 4.8 SIGNAGE Project identification signage for the residential component of this PUD may be developed at all project entrances in addition to other signage. All signage shall be subject to the provisions of Division 2.5 of the Land Development Code. SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. ENVIRONMENTAL Petitioner shall provide twenty-five percent (25%) retained native vegetation as required by Section 3.9.5.5 of the Land Development Code. The location of the retained vegetation shall be identified as a part of the submittal for Preliminary Subdivision Plat (PSP) or Site Development Plan (SDP), whichever is earlier, for any portion of the subject property. Retained vegetation shall be preserved in its entirety with all trees, understory and ground cover left intact and undisturbed, expect for prohibited exotic species removal. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided around wetlands, extending at least tifteen (15') feet landward from the edge of the wetland preserve 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 Resource Permit rules and be subject to review and approval by 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 4-3 4.9 Planning Environmental Staff for review and approval prior to final site plan/construction approval. WATER MANAGEMENT AND DRAINAG}:. OUTFALL FOR ABUTTING 4.10 4.11 PROPERTIES The project is within the limits ofthe Han'ey Drainage Basin Study, and, as such, will conform to the requirements set forth by the County Water Management Director for easements and discharge rotes. Petitioner shall provide an outfall ditch within a thirty (30') foot drainage easement along portions of the project as shown by Exhibit F, Water Management Concept Plan. attached to this PUD document, to provide a drainage ouffall for abutting properties. POLLING PI.ACES This PUD is subject to the provisions in Section 2.6.30 of the LDC. UTILITIES All required utility services are available for this project. Tc wit: Water and Wastewater Disposal: These utility services axe to provided by Collier County Utilities. The Project is proposed to connect to an existing 24" water main on the west side of CR-951 and to a proposed 8" force main on the east side. Electric Power: This utility service is to be provided by Florida Power and Light Company. The Project is proposed to connect to an existing aerial feeder along the westerly boundary, of the Project adjacent to the existing Harvey Basin ditch. Telephone: This utility service is to be provided by UTS/Sprint. The Project is proposed to be connected to existing facilities v;ithin the CR-951 fight-of-way. 4-4 PUD LOCATION MAP SUI~JECT PARCEL .,~ PUD EXHIBIT "B" EXHIBIT EXHIBIT D J t 0 0 EXHIBIT EXHIBIT "?" WYNDHAM PARK A PLANNED UNIT DEVELOPMENT R[!(;I ~I.:\'I'[()NS A ND S{!PPORTING MASTER PI...\N G()\'I'~RNING A PI.ANNED I;NI 1' I)['3,'EI.()PMi:NT PURSUANT TO PR()VISIONS ~)I: [i{[.('(II.I.[ER£'()t NI'YI.ANDI)Ii\'liI.()PMI~NF Prepared For: 5la,~ercraf! l{omes, lJFI). '}:1 I ('oll,:ge I'ark~a.~ Fi, M}crs. Florida Prepared By: Michael R. Fernandez..-\ICP of Banks Enlf:ineerinl:, Inc./Planning Development Incorporated Joint Venture 51 ~ 3 Castello Drive Suite 2 ";aples. Florida 34103 041 / 263-6034 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 12.04.98 E z h i ~: t T.-\BLE OF CONTENTS PAGE TItRU PAGE 'F:\BI.E OF C(-)N IT~NTS I. IST OF EXIIIBITS ANI)'F..\I~I.E~ ~'I'.-\ 11-LXlliN'I' ~H- ('¢~Xll'l I..\N('li IV V SI~CTION ! II 1II PRf)PER I'Y ¢)\VNI:RNIIIP ,~2 I)I!SCRIPTION l-I PROJECT I)I!Vt:'I.OPMI!NT RI!QUIREMENTS 2-1 LOW TO .XlEDII.'.Xl DENSITY RESIDENTIAl..-\RF~AS PI,A.',; 3-1 DEVEI.OP.MI!NT C¢).M~IlT~II.:NTS 4-1 1-2 3-6 4-4 ii LIST OF EXItlBITS AND TABLES EXtlIBIT A EXItlBIT B EXI tlBIT C TABI.E I TABI.E II I'I.?I) Master Plan Exhibit PUl) Location .',,.lap \Vater Management Concept Plan Wyndham Park Estimated Land Usc Summarv Summan.' of Development Standards for All Residential Structures 111 STATEMENT ()F COMI'LIANCE The development of approximately 120.85 acres of property in Collier County. as a Planned Unit Development to bc knov.-n as \Vyndham Park ',','ill be in compliance with thc goals, objectives and policies of Collier County as set forth in the Comprehensive Plan. The residential facilities of \Vvndham Park .,,,'ill be consistent with applicable comprehensive planning objectives of each of the elcmcnts of thc C;omprehensive Plan for the following reasons: 'l'he project development is compatible and complementary to existing and future surroundin,.2 land uses as required in ['olicy .'5.4 of tile Future Land [,;se Element. Fhe project development will result in an efficient and economical extension of community facilities and services as reqttircd in Policies 3.1.11 and I. or'the Future l.and Use Element. l'he proicc~ x,~ itl be ~,cr: cd by a complete range of ser,.'iccs and utilities as approved bv the County. 'l-he project is compatible with adjacent land uses through tile internal arrangement of structures, the placement of land use buffers, and the proposed de.,'elopment standards contained herein. Ali final local development orders for this project arc subject to the Collier County Adequate Public Facilities Ordinance. Thc subject property is ,..,'ithin t!~c 1;than Residential Land Use Desi~,nation as identified on the Future l.and t'se .',.lap as recur:ired in Objective t. Policy 5.1 and Policy 5.3 of the Future Land L'sc Elernent~FI. UEI and therefore is eligible lbr the base density as provided by the FLUE Density Rating System l'he proposed density for the project is 3.66 units per acre which is less than the maximum density provided bv thc FLUE Density Rating Svstem contained in the FI.I.'E and thercIbre is consistent with the Future Land Use Element Policy 5.1. Base density Ibr the project is tbur 14) dwelling units per acre. :\ portion of the parcel. 47 acres is within tile one mile radius density band of the Immokalee:CR 951 Acti.,'ity Center and therefore is eligible Ibr an additional (3) units per acre. The project's eligible density is therefore is 47 acres at 7 wa yielding 329 units and 73.85 acres at 4 Wa yielding 295 units: the sum project potential is 624 units or 5.2 u/a. In summar?', the subject property has an area of 120.85 acres and is proposed to be developed with maximum of 442 units. The project site .,,,'ill have a density of 3.66 units per acre. This density is deemed consistent with the density provided for bv the County's Growth Management Plan. All final local deve!opment orders for this project are subject to the Collier C(~unty Adequate Public Facilities Ordinance. V l.l 1.3 1.4 SECTION I I'R()PEIYFY OWNERSIIIP AND DESCRIPTION PI 'RP¢)SI:. Thc purp~)se of this Section is t,~ :;et forth the location and ownership of thc property, and to describe the existimz conditions of the properly proposed to be developed under the project name or' \Vvndham Park. I.f!('3..\I. I)I!SCRIPTION The subject propcny being: .-\ FRACT r)R P.\P, CE[. ()F [.AND ~ITU.-\TF.D IN ~tE S'F,.\'FE OF FI.ORIDA. COUNTY OF COLLIER. LYING i.", '4t!C'II()N" ['()\VNSItlP -:,g SOUTtt, RANG['~ 26 EAST. AND I~EING FI."RTtiER BOUNI') AND [)[iFX'RII~I.D ..kS 'FILE NOR'H! !: ¢)F TIlE SOU'[II ': OF TIlE NORTtl '~ OF FIlE SOUTHEAST 1,4: TIlE SOUTtt !: OF rite NORIItEAST I 4 OF TIlE SOtJT~tWEST 1'4: TIlE NORTII ;i OF THE SOUTHEAST I/4 OF THE SOUTItWEST i'4: 'FttE SOUTtl ': OF TIlE NORTHWEST I;4 OF TIlE SOUTltWEST I;4; TIlE NORTtt '~ OF TIlE SOUTIIWEST I;4 OF TIlE SOUTHWEST I/4: TIlE SOUTtt V~ OF TIlE SOUTHWEST 1/4 OF Tile SOUTI IWEST I '4 OF SECTION 27. TOWNSIIlP 48 SOUTtt. RANGE 26 EAST. COLLIER COUNTY. FI.ORIDA I.ESS 'FI IE PORTION T}tEREOF CONSTITUTION ROAD RIGItT OF WAY FOR COU.~TY ROAD=95t. SAII) I.ANDS SI'FL':\ FE LYING AND BEING IN COLLIER COUNTY. FLORIDA. LESS AND EXCEPT FIiF. REFRO.M I'tiE EAST I00 FEET OF SECTION 27. TO\k%'SItIP 48 SOUTH. RANGE 26 EASr. }lAVING. BI!EN CONVEYED TO TIlE STATE OF FI.ORIDA FROM THE USE AND BENEFIT ¢)F 'FILE ST..VFF. RO..XD [)EPARTMENT OF FLORIDA IN DEED FILED UNDER CLERK'S FILE No. 37482 IN OFFICIAL RECORDS BOOK 13. AT PAGE 61. PARCEl. ('()N1,XlNS 12¢).85 ACRI:S. M()RE OR LESS. PROPEP, TY ¢)\VNF. RS}tlP The subject property is under unitied control through contracts lbr purchase agreements. The purchaser is Mastercrafl ttomcs. Ltd.. hereafter called "applicant or developer". GENERAl. DESCRIPTION OF PROPERTY AREA A. The project site is located within Section 27. Township 48S. Range 26 E. Collier Count.,,'. The parcel of approximately 121 acres is located adjacent to and west of CR 951 and approximately 0.6 of a mile south of Immokalee Road. The site is also adjacent to and directly south of Oak Ridge Middle School. Bo The zoning classification of the subject property prior to the date of this approved PUD Document was A.,'Agficulture. I-1 1.5 PItYSIC..\I. DESCRIPTION The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD and has been or is currently utilized for agricultural crop production or pasture lands. It is. therefore, generally clear of,.'egctation. The site has a limited amount of existing vegetation which is located on thc parcel's eastern edge in proximity of CR 951 and the project's singular proposed access. The site has thc follov.'ing designation relative to flood -FEMA Flood Area Zone X. Firm Map Panel 215 of I 125 Community Panel No. 120067 0215 D: Map Rex'ised June 3.1986. 1.6 I~R()J[:.(' I' DF.S('RIPTI()N Wvndham Park is a planned development consisting of a mixture of single of single farnilv and multi-family units..-\cccss to the subject parcel ,.,.'ill be from the parcel's frontage on CR 951. !.7 SHORT TITI.E This Ordinance shall be known and cited as the "Wyndham Park Planned Unit Development Ordinance." I-2 "1 SECTION II PRO,IECT DEVELOPMENT REQUIREMENTS i?-..: purpo:.,c ,it' this .%cctic, n is to delineate and generally describe thc project's ,',i.u: ..,: ,iz'. ti, ~pmcnt. rcl:'tionships to applicable County ordinances, the respective land uses o: hc !racI~ ir~cludzd in the project, as well as other project relationships. (i ".t.R..%[. Regulations Ibr development of Wyndham Park shall be in accordance ,.,.',th cent;tats ,,I' this doer,meat. PUD-Planned l.'nit Development District and ~ppiicabic sections and pans of the Collier Count,.' Land De,.elopment C~,d:: and tJ,,mt>rchcnsive Plan in effect at the time of issuance of any development ,,r'd~_-; to ,.', hich said regulations relate which authorizes the construction o l'improvemcnt:. a.s /:inal Subdivision Plat. Final Site Development Plan. Excavation Perr'a~t and I'reliminap.' Work Authorization. Where the regulations of this PUD Documct~t fail to provide developmental standards then the provisions of thc most similar in thc County Land Development Code shall apply. t/nlcss other'xvise noted, the definitions of all terms shall he the same delSnition:.~ set tbnh in Collier County I.and Development Code in effect at t}'~c ,~fbu~iding permit application. .\II c~mditions imposed and all graphic material presented depicting restrict~,;~:, thc ,._icvelo?n',ent of "A,'yndham Park shall become part of thc regulations '2_'ovcrr~ thc manner in which the PUD site may be developed. i,'nless modified, waived or excepted by this PUD document or associated exkii-~ts. thc provisions of other land development codes where applicable remain in full force and cf feet ',~ith respect to the development of the land which comprises this PL'D. [)c~clopmcnt 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 thc l,and Development Code at the earliest or next to occur of either final SI)P approval, final plat approval, or building permit issuance applicable to t}qis de~ clopmcnt. 2-1 I')t-.%c'fe. lPTII )N ¢7~[: PROJECT PI..-\N .AND PROPOSED [...',,ND I:'StiS I'hc project .Master Plan. including and use of land for the acreage noted, is ill ustrated .~r:,,phicall>' bv Exhibit ".-V'. PUD Master Plan. I'..\l~,I.:. I: x, ~ NDtI..XM P.-XRK ESTIMATED I.AND USE St.'MM..XRY T'YPI:. t.:Nl"I*S l'P,..\("[' ..\Low to Medium Density Residential 8;2 £ l fR..N( "I' P, Low to Nledium Density Residential 160 40 I'P,..\', '1' ¢' Low to .",ledium Density Residential 200 60 ; i~i,, acrcatzc ~ncludcs open space or recreational areas that mavbc located 'L'~,~dcntia{ acrcatze. ~ :~blc I is :t .-chedule of thc intended land uses. with approximate acreage of thc ,~tal pr~)jcct indicated. The arrangement of these land areas is showr~ on thc Nlastcr Plan IExhibit "A"). The Master Development Plan is an illustrative prelir'r~inarv development plan. Design criteria and layout that is illustrated on thc ',.la.stet Development Plan and other exhibits supporting this project shall bc undcrsto{~d to be flexible so that final design ma',' satisff development objccti,.'c, and be ccmsistcnt v,'ith the project's developrnent, as set tbrth in this document ),.1,~dilicat~on to all boundaries mav be permitted at thc time of Preliminary '4ubdi,.'isir)n Plat or Site Devdopment Plan approval, subject to the thc (i,)llier County Land Development Code or as otherwise permitted bv t'1 'I) document. In addition to thc various areas and specific items shown in E×hibit ":\". suc/~ casements as necessary (utility, private, semi-public, etc.) shall be established w~thin or along the various tracts or acreage as may bc necessary. t.5r'}2, Ii' II()\ ()~: t't,I()JECT DENSITY OR INTENSITY ()}: I,.,\ND USE ,,halt bc developed at a maximum density of 3.66 dwelling units per acre. Rf' !...\ l'l'[) PR.()JE(TT PI.AN APPROVAL REQIJIRE. MENTS Prior to the recording ora Record Plat, and/or Condominium Plat for all or part of thc PUD. final plans of all required improvements shall receive approval of thc appropriate Collier Count>' governmental agency to insure compliance with thc 2-2 Pt 'I) Nlastcr Plan. and as applicable, the Collier Count,,' Subdivision Code and tine planing laws of the State of Florida. i(xh~blt "A". Pt~'i) .',.lastcr Plan. constitutes the required PUD Development I'lan. ~4~bscqucnt to or concurrent with PUD approval, a Prelimit~arv Subdivision I>lz:t. applicable, shall be submitted for the entire area covered bv the PUD Pla~q .\nv division ofproperty and the development ofthe land shall be in c,,r~'~pilancc v. ith Division 3.2 of the Collier Count,,' Land Development C~>dc. tt'~c platting laws of the State of Florida. lhc p:,)'.isions of Division 3.3 of the Collier Count',,' l.and De:'elopment Code. '.,.?~c:~ .,'?plicable. shall apply to the development of all platted tracts, or parcc!s ',:;~,: ,:-, i?r~,.idcd in said Division prior to the issuance of a building permit t,r '::~...': .:c'. ci:,pmcnt order. ..\ppropr~ate instruments ,.'.'ill be provided at the time o£ infrastructure imprm.'ements regarding an.,,' dedications and method for providing perpetual maintenance or'common facilities. E×ccpt as provided herein, the design and construction of all improvements shail bc -,t~i, icct to compliance with the appropriate provisions of thc Collier County and I)cxci~>pmcnt Code I)ivision 3.2. hc ,It'. cl,~pmcnt of zmv tract or parcel approved for residential developmer~t ct~ntcmplating fee simple ownership of land f'or each dwelling unit shall be r'cci,.~ircd t~) submit and receive approval ora F'relimina~' Subdivision Plat irt et)r~lt)rn;ance with the requirements of Division 3.2 of the Collier Counr,,' l.and l)c', ci(~pmer',t Code prior to the submittal of construction plans and a final plat zmx p,,r'tion of'the tract or parcel. AND S:\LES FACII. ITIES model home centers including a sales center(s) shall be permitted in v. ilh the promotion of the residential development of said tract subject to thc Models ma',' be constructed prior to recording ora plat. Nlodels may be permitted as "dr,,' models" and must obtain a conditional ccrnificatc of occupancy for model purposes only. Models may not be occupied until a permanent certificate of occupancy is issued. , I Nl,)dcls may not be utilized as "sales offices" without approval bv and through thc %itc {)c,.'elopmcnt Plan process. The SDP process shall not be required for dr',' m~dcls pursuant to this section. the recording of any plats, metes and bounds legal descriptions shall be p.r~', idcd t,~ and accepted bv Collier Count.,,' as sufficient for building permit t~suancc. Said metes and bounds legal descriptions must meet proposed plat conligurations and all models constructed pursuant hereto shall conlbrm to applicable minimum square footage, setbacks and the like as set forth herein. If ~,s required, corrective deeds shall be recorded once thc plat is recorded access and utility easements may be provided in lieu of dedicated temporary service to model homes. .'~','I )'-( '.\Pi! }~,l 'FFI!RS. BER,MS. FENCES AND W:\I.I.5 buffers, berms, fences and wails arc generally permitted as a principal usc \Vyndham Park. f}~c apg?l~ca~t c:4~imatcs completion of improvements to thc property should occur 2.'; ',.5,11-?'.'l)\ll.N IN [()['[.'l) D(~)('I '.Nlt!NT ()R PlJD MASTF. P, PI.AN ',.mcndmcr~ts may be made to thc PUD as provided in thc C'ollicr Cot,ntv l.and [)c'.ci,,Trncr~t t ,)de. ?;cction 2.7.3.5. 2 Ir, ',.'<?<r,( 'I..\ I'I()N ()f' PIe,()PF. RT%' O\VNF. RS FOR CON, INI()N \Vl~cnc'. er the developer elects to create land area and/or recreation amenities whose ~)wncrsh~p 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. :hat dc,.clopcr entity shall provide appropriate legal instruments for the establishment of a l'roper~y ()wncrs' Association or another appropriate entity whose function shall include provisions Ibr the perpetual care and maintenance of all common facilities and ,~pc~ ?acc subject further to the provisions off the Collier County l.and Development l ',~dc..'-;cct~<,~ 2.2.20.3.8. 2-4 \ combinaticm of the lakes, landscape buffers and open space shall meet the 60"percent ,~pcn space requirement for development as set forth in Section 2.6.32.2 of the I:DC. ~pcn space shall include all per','ious green space within development parcels and lots. '..(ile. l('I 'I.-1'I' 1~,..',, 1...\¢'TIVITIES l~hc -,~tc ha:~ previously been and is currently utilized for agricultural purposes. X,_'r~ct~ltur:,'t acti','itics, ils defined in the LDC. shall continue to bt: a permitted use ~hr,,u.,_;h,>ul Ibc pr, yeti until such time as residential development has commenced. 7. x.'<l ".ll 5,' I 5 Fc~R { 'l'tl. ITIt!N '~1! nccc:~sarv cascn~cnts, dedications, or other instruments shall be granted to insure thc ,:,,nt~r,.~_',i ,~?cration and maintenance et'all service utilities in compliance ,.vith applicabIe :cgul:~t~,~ ~n el'feet :it the time of development approvals. I '¢).XlNI()N .,\f~,I¥\ MAINT[:,NANCE C,~mmon area maintenance, includintz the maintenance oI'comrnon ISxcilitics. open ~paccs. watcr management lhcilities shall be the responsibility ofthe Developer. thc:r successor ~)r assign. t tIN'I'C )l~,IC '..\I. ..\ R('I t..\ f:.OI.¢)(;IC..\ 1, IMPACT ',:, i;ursuant to .Scctt~m ".2.-'5.8. I of the Land Development Code. il'. during thc codrsc of ,~tc clcanng, cxca,.'ation or other construction activitv, a historic or archaeological artifact :s I'~ur~d. :~[1 dc,.clopmertt within the minimum area r~cccssar'¥ to protect thc discovery .-,h,.,I bc :mmcdiatclv stopped and thc Collier County Code t~nforccmcnt Department .,:~;ntactcd. it(.',,'f!R..\l. I'tif~,.',IITTED I.'SES 'crta~n u.scs shall be considered general permitted uses throughout thc \Vvndham Park I'1.'I). (.;choral permitted uses are those uses ,.vhich general ser"ve the Developer and residents of '~V,.'ndharn Park PUD and are typically part of the common inI'rastructurc or .tre c~nsidercd community facilities. 2-5 i'L~scntial scrx'iccs as set forth under Collier County l_and Development (;,ldo. Section _.6.).1. \Vatcr management facilities and related structures. l.a'<es including lakes with bulkheads or other architectural or structural bank treatments. ( )uardhouses. gatehouses, and access control structures. Community and recreational facilities, community centers. 'l'cmporau' construction, sales, and administrative offices for the l)cvclopcr and Developer's authorized contractors and consultants. includin~ necessary access wavs. parking areas and relalcd ~scs. subject tt) thc requirements set lbnh in the Collier County I.and Devc!opment Code. l.andscapc features including but not limited to landscape buffers, bcrms. t'cm.:es and architecturally designed walls. Fill storage subject to the standards set Ibrth in the Col ier County !.and I)cvclopmcnt Code. .\nv ¢,thcr usc which is comparable in nature with thc Iorc~oing uses and ,~i~ci~ thc Development Sec'ices Director determines to be compatible. I)cvclopme:~t Standards: Unless otherwise set forth in this document the follov.'ing development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - eighteen feet (18') except lbr guard houses, gatehouses, and access control structures which shall have no required setback. Sidev.'alks and bikepaths ma.,,' occur within required buffers, hov.'ever thc width of the required buffer shall be increased proportionatel':' to the xvidth of the paved surface of the sidev.'alk or bikepatt~. 2-6 AND EXCAVATIONS i'hc required setback to an,,' right-ot:way, roadway access easement or external property lines shall bc thirty (30') feet if fenced. The required setback to any property line. tract line ,)r structures internal to thc development or to structures shall be zero (0') feet. La.kcs mavbc excavated as development excavations to a maximum depth of tv,'entv (20') feet. i I 5 gcnerall.v permitted as a principal use throughout the project. Fill material be temporarily stockpiled within areas designated for residential Thc lbllowing standards shall apply: I). Stockpile maximum slope: 3 to I (horizontal to vertical} %t(>ckpile maximum height: 'rhirtv-five (35') feet }:iii storat:e areas shall bc no closer than three hundred (300') feet/'rom any dc~ c!oped residential properties, except ms ma,,' otherwise bc approved bv C,~lticr ('ountv Engineering Review SeB'ices pursuant to a submitted grading and plan. Soil erosion control shall be provided in accordance with the Collier Count>' I.and I)cvclopment Code. Division 3.7. In order to properly utilize the till excavated from the proposed lakes, the site may be -~.., ..; ._ . filled prior to the issuance of building permits pursuant to Section .... 8.~.6 '~ of thc LDC ITl 'TIC)NS i'¢) S(.B,)I\"ISION REGI.I.A'IIONS design substitutions shall apply' .X. [.I)C Section 3.2.8.3.19: Street name signs shall bc approved bv the Development Services Director but need not meet the U.S.D.O.T.F.H.XV.A. Manual on Uniferm Traffic Control Devices. Internal street pavement painting and reflective edging requirements shall be waived. I_I)C Section 3.2.8.4.16.5: All internal streets shall be considered local streets and ~heir right-of-way widths shall be fifty (50') feet except as necessac,.' to accommodate turning lanes at the Project's main entrance. I.DC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall bc waived. The maximum length ora cul-de-sac street shall be 1.800 feet. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse cur,'es shall be waived. 2-7 Section 3 '~.$.4.16.12.d: The requirement for asphaltic courses shall be v. aivcd to allow the use ora surface course of paver brick or decorative concrete paVC D"ICFIt. 2-g SECTION III I.()V,,' TO MEI)IU,M I)ENSITY RESII)ENTIAI, AIt. EAS I'I.AN l'hc ?urposc (~fthis Section is to identify specific development standards for the area designated ,~n [!::hibit ".-V' as Tracts A. B and C. ',,l..,s.,I ~1 '\1 I)'&'[:.I.I.ING l'Nl'I'S I t~crc ,~'~, ! bc ,~ :;~a:..~mum ,,~f ~z, 2 residential units de,.'cioped ,.,.'i~hin thc F, rc, jcct's Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses. and compatible land uses. Multi-family uses shall not be mixed with single I~mily uses on t}-,c same platted tract. Principal uses shall not be developed between dissimilar pcrmtttcd usc types, specificallv, no multi-family type shall be located bctv.'cen single l'am;i', dctac}',cd famii,.' structures. · 'st thc conti~uous lot line between single family detached and r'nultiplc family housin,.e' tm, its ,.ir a dissimilar housing type. a landscape buffer I separatety c,r on the tract et'thc hi~}'~cr density unitl of at least t;vcntv I£0) feet shall be provided. I'his bulTcr shall minimally rnect the requirements of the LDC's Type "B" landscape buffer. No buildin~ or str'ticture, or part thereof, shall be erected, altered or used. or land used. in v,.'holc or in part. for other than the following' .-,S. Principal List:s: Single family detached, single family attached, cluster development and multi-family development. (21 Duplex and two-family dwellings. 13) 'I'ov. nhouses and garden apartments/condominiums. .3-1 Thc clustering or grouping of housing structure types identified in this document may bc permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 3.6.27 of the Collier Count,',' Land Development Code and subject to the provisions of Division 3..3 of the Collier County Land Development Code. (6/ ()pen space or preserve area. Water management lhcilities and lakes. (}uard houses and entrance gates. ..\nv ,~thcr use which is comparable in nature with thc foregoing usc.s and which thc Development Services Director determines to bc compatible. Uses and structures that are accessor?' and incidcntal to permitted uses. including private garages. Recreational uses and facilities such as swimming pools, tennis courts and children's playground areas and similar facilities that serve asan integral part of a residential development. Such uses shall be visually and functionally compatible with the adjacent residences which have use of such facilities. .,\nv other use which is comparable in nature with the foregoing uses and which the Development Se~'ices Director determines to be compatible. DEVI-~I.()PMI:.NT ST.-\NDARDS (See Table II. for greater specificit.v) GENERAl..: All vards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. Generally whenever the word "setback" is used relative to a measurement betv,'een the buildings and a lot linc arieL/or perimeter boundao' of a parcel of land upon v,'hich buildings are to be constructed it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as follows: l) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 3-2 If the parcel is served bra non-platted private drive, setback is me~urcd from the back of curb or edge of pavement. If thc parcel is served bva platted private drive, setback is measured !'ror'n the road easement or property line. Principal buildings shall be set back a distance sufficient to provide for back to back parking spaces, one of which ma,.' be an enclosed space. \Vhen principal buildin,,s= front upon a common parkin,,= area. which in turn t'ron~s upon a public or private right-of-v,,'ay or non-platTed drive, a minimum distance often (I0) feet shall separate the principal building and an',' related parking f.acitity, and a green belt often (10) feet shall separate said ri~ht-of.-way, or other non-platted private drive from the common parking area. This shall not prohibit the attachment of. enclosed parking structures to the principal residential structure, however in such uses a parking apron oI'at least fifteen (15) feet shall sepa,-ate thc enclosed parking space from the edge of.curb on a private right-of-,.vav without sidewalks tx,.cntv I"O) feet when a setback includes a sidev,'alk. ~.IAXI~II '.XI t IF. IGttT In ,order to provide a form ot'a compatibility within the context of existing residential de,:'elopment within Collier County'. the mmximum number of stories permitted shall be three/31 habitable floors for a maximum height oI'35 feet. STRt-;!iT TRfif'~ RI-:.QI.:IRIi.MF. NT Street trees shall be provided throughout the development. A street tree ptan shall be submitted Ibr stalT review and approval as appropriate. Street trees ma,.' be placed v.'ithin residential lots and shall be installed prior to or concurrent with the construction of' individual dwelling units or structures in proximity to the roadway or accesswav. 3-3 TABLE I I: 5tDCiAP. Y CF DP.~LOPMENT STA~DARDS FOP. ALL RESIDE:~FIAL STRUCT~?.ES PEP.:.::TTED USES ST;C;: ;..RES S INGLE FA/41 LY ZERO 2 - FAM I LY / DETACHED LOT L I.~rE DUPLEX MI/LTIPLE FAMILY ST.,U=.~r,=~ TO'te~HOUS E APARI~,'lE:775 Mi:; LOT AREA PER S iR'_' 'iWo~E OR PEP 'WELLING Lq:IT 6,000 4,800 2,400 1,800 ONE ACRE 50 40 24 18 150 FEET Mil: ,',':E P~,G E 26 26 20 16 18 FEET DEPTH i00 I00 100 I00 100 FEET FR0;;;' ':'ARS SETBACK PRiNCiPAL STRUC . ..<= 2 C . . ACCES£ ~':' FO.. ;':ULTi-FA:4ILY lO'.'ER E2 }AR?lING :; ," A 18 18 !B 25 FEET N/A i0' '0' 13' FEET £1L.:- ':';-.RD SETEAC?:, PR i .... PAL A2,~ ~C_ .- .; ~,'. f SiR'iCi-vIES 7.5 5**OR 0'* 7.5** 7.5'*' iS*'' FEET MIN'"i'~ DIST';CE BEi',.'EEN STRUCWolES i0 I0 10 10 15''' FEET REA~ 'fA_RD SETBACK STRUC,--L~E 20 15 15'* '5'** !5''' (i. ACCESSORY STRUC~,E i0 i0 lC** '0'*' 5''' FEEl' BUiLDiNG }{EIGHT !4FL ':'-EAR 35 35 35 42 42 rz=. ACCESSCR':' STRUCWJRE 25 35 35 35 !5 FEET 1,200 1,0OO 1,000 ' ,300 803 S.F. Wall:~ and s:mllar structures shall have a setback cf five 15) feet along the no'~:d&rles along pUDi~C rlght-of-way and a setback c~ two :2) feet a!cmg other per,meter Doundary w~ere no~ abuttlng lnternal development tracts and a maximum height of 12 feet as from the lowest centerline grade of the nearest public or prlvate rlght-of-way or easement 15 FEET iF SETBACK iNCLUDES SIDEWALK ?-~-. ~ FEET IF SETBACK ~ICL~B£RS A '~AF.E'S MAI~4A~CE EASLME~ OR NALF THE SD~ OF ."-HE HEIGHT OF THE STRUCTURES. WHICHEVER iS GREATER; ~.~ri'.f FEET SETBACK ~I~BERS A tAFt'S MAINTENANCE EASEMENT RI-.( ?,E.,\ I ION..\I ~R..\ .-\. %e:bxc.l.:s I. Front Yard: 25 feet 2. Side Yard: 25 feet '; Rear Yard: 25 feet Nlaximum i lcight: .Minimum Lot \Vidth: >,linimtum i.ot Depth: .Minimum [.ot .-',,rea: Minimum Distance Between Structures 35 feet or fl~ree (3~ stories. M~ichcvcr is least. 75 feet 7:, I'eet 6.000 square feet 10 feet 3-5 SECTION IV I)E\'ELOI'.MENT COMMITMENTS }'he purpose ~)l'this Section ~s to set forth the development commitments for thc dc~ cl,~prncnt of t}~c pro_ioof. 4.2 ( ;l'i.",'}! R.\ I. \II l~lc:ii',;c>; ~i~;,.il bc c~nstruc~cd i~'l accordance with Final Sile l)cvclopmcnt Plans. [:inai Subd;'.~,~r~ i~Ians and ail a??iicablc State and local laws. codes and r¢~ulations applicable to this Pl.'l). l-]xccpt ~.hcrc specifically noted or stated otherwise, the standards and specifications thc I.:md l)cvclopmcnt Code. Division 3.2 shall apply to this project even i£the land within thc PUD is not to be platted. The developer, his successor and assigns, shall be responsible for thc commitments outlined in this document. I-he devel()pcr, his successor or assignee, agree to tbllow the Master Plan and the regulations ~)1' thc PUD as adopted, and an.,,' other conditions or modificalions as may bc agrccdmintherezoningot'theproperty. In addition, an','succcssororassigne¢intitlcis bound by thc commitments within this agreement. Exhibit "..\". PUl) .Xlaster Plan. illustrates thc proposed development and is concc?tual in nature. Proposed tract or special land use boundaries shall not bc construed to be final and may be va. ricd at an'.' subsequent approval phase such as at final plattin~ or site development plan application, subject to the provisions of thc l.and Development Code and amendments as ma',' bc made from time m time. All necessary e~cmcnts, dedications, or other instruments shall be granted insure the continued operation and maintenance of all sera'ice utilities and all common areas in the project. ,I()NIT()RING REPORT AND SIJNSET PROVISIONS Fhe Wyndham Park PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 o/'the I.and Development Code. 4-1 ".l~mit(~ring Report' ..\n annual monitoring report shall be submitted pursuant to 2.7.3.6 of thc Collier Count,,,' Land Development Code. z -~ '. P,.\?:5:t'( )R l'..\'['l()N I'hc development of the PUD Master Plan shall be subject to and governed by thc foll{~x,. ~ra~ conditions: ..\ncrial ex'el lighting shall be provided at the PUD's access point to public right- ,,f-way concurrent with the development of the entry road. [itc l)c~ctopcr shall provide right turn and left turn lanes at thc project's proposctl .~ccc~,s fromm ~'R ~)51 concurrent with thc development ot'thc entry r~,ad. Thc ~)c~c~,~pcr sha~l bear thc cost of these improvements which arc not subject :mpact IL'c credits. I'ndcr thc present two-lane condition of CR-951. thc project may tmc[~nstraincd access to and from thc north and south. I'ndcr an~ future /bur-lane or six-lane condition of CR-951. there may bc:~mcdianopeningtoscrvetheproject. Nothing inanvdcvclopmcntordcrshaIl ,.'cst thc project with an:' right of access over and above a right-in/right-out c<)ndition. Ncither shall thc existence or lack ofa future median opening bc the bas~s for anv future cause of action for damages against the County by thc project tlc,. eloper, successor in title or assigns. ',,Vhcr~ requested bv the County, and subject to the approval of the a Developer's (Smtribution ,,\greemcnt Ibr road impact fee credits tbr the fair market value thc dedication, pursuant to Ordinance 92-22, as amended, thc developer shall dedicate up to sixty (603 feet of right-of-way along CR 951 lbr future roadv,'av. bike path and drainage improvements. Such dedication shall not be deducted from the I't/D property tbr purposes tbr determining yards, lot area or lot dimcnsi()ns. This dedication shall occur within one hundred and t,.vcntv (1 days of thc Cc)untv's request. Substantial competent evidence shall bc provided bv thc developer to the effect that thc project is designed to provide pass through transmission of historical road,.vav runoff. In addition, site drainage shall not be permitted to discharge dircctlv into an,,' roadway drainage system not specifically designed Ibr such discharge. 4-2 Project identification signage for the residential component l/f this PtJD mavbc developed at ail project entrances in addition to other siunat~e._ _ .,\11 signaue shall bc subject to, thc provisions of Division 2.5 of the {.and I)eveloprnent Code." 4- >;['[ I{ [.1¢}t [.ighting facilities shall be arranged in a manner v,,'hich ',.',,'ill protect roadways and neighb~,rtuxxl residential proper'tics from direct glare ar otl~er inter1'crencc. a x !!N",.'[ R r I'etiti{)ncr shall provide twenty-live percent (25°,/o) retained native vegetation as required hv Scction 3.9.5.5 of thc [.and Development Code. Thc location of the rctaincd vegetation shall bc identified as a part of the submittal tbr Prelirr~inarv Subdivision Plut IPSP) or Site Development Plan (SDP), whichever is earlier, tbr an.,,' bonion of the subject property. Retained vegetation shall be preserved in its entirety v,.'ith all trees. undcrstorv and ground cover left intact and undisturbed, expect lbr prohibited exotic species removal. [{nvironment,:~l permitting shall be in accorda_nce with the state of Florida ['~nvironmcntal P, csource Permit Rules and be subject to review and approval b',,' (~'urrent Planning Environmental Staff. Removal of exotic vegetation shall not be counted to,.vards mitigation for impacts to Collier County jurisdictional v,'c~lands. .-XI1 c¢)n.scrva~ion areas shall be recorded on the plat with protective covenants per or similar t¢~ .";cction 704.06 of the Florida Statutes. Conservation areas shall be dedicated t)r'~ thc p]al to the project's homeov,,'ners' association or like entity Ibr ownership and maintenance responsibilities and to Collier County v,'ith no responsibility mai nlc nancu. Buffers shall be provided around wetlands, extending at least fifteen I 15') feet landward from the edge of the v,,'etland preserve in all places and averaging tv,'ent,,'-five (25')/'eet from ~he land,.vard edge of,,vetlands. Where natural buffers are not pos~;ible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Staff. ..'tn exotic vegetation removal, monitoring, and maintenance (exotic free') plan lbr thc site. v.,'ith emphasis on the conser'vation/preservation areas, shall be submitted to Current -1-3 Planning ['~n', ironmen~al Staff for review and approval prior to final si~e plan~'construct~on appr~,.'al ",'~'.,\TI:,R M.'\N.'\(iIi.x.I[iNT .-\ND DR:\INAGE OUTF.,\LL FOR PP,()P[!P, TI [!S Fhc project is within the limits oFthe t--tarvev Drainage Basin Study. and. as such. will cor~I'orm to the requirements set tbrth bv the County Water .Management Director eascmcnts and discharge rates. Petitioner shall provide an outfalI ditch within a thin,.. i ';0'1 t'o~q drainage casement along portions of the project as shown by [(xhibit F. ",\.'ater l'his i'!. I) :.,, '*uhjcc: r~ thc provisions in Section 2.¢5.30 et'thc ..\11 required t~tiiit', scrvicc.~; are available tk')r this project. To ,.,.'it: Water and \\'aslex,.'ater Disposal' These utility services are to provided by Collier County [itilities. 'Uhe l'roject is proposed to connect to an existing 24" water main on the ,,,.'est side ~)t'Cl.~-'.)51 and to a proposed 8" force main on the east side. f!lcctric F'o~.vcr: Fhis utility sen'ice is to be provided bv Florida Power and Litzht (;onqpany. I'hc Proicct is proposed to connect to an existing aeriat feeder alonu the ','.'cstcrlv b(~tmd:~r,~' ,)/'the Project adjacent to thc existing I {ar,.'ev 13asin ditch. - Telcphonc' This utility service is to be pfovided bv [_ l S/Sprnt. TheProjcctisproposcd to bc connected to existing facilities within the CR-951 right-oI'-v.-ay. 4. I - PI!I)fiSTI~,I..\N ('II~,C .'L-\TION Subject to thc approval of Collier Count,.' Public Schools as to location and cross section. thc proposed project improvements ,.'.,'ill include the construction of a connection et' the internal pedestrian or bicycle circulation system(s) to the abutting ca_mpus of Oak Ridge Nliddlc 4.-4 SITE LOCATION MAP ?t, '¥FLL '~D SECTION 2 7 / " TOWNSHIP COLLIER 48 SOUTH, RANGE 26 EAST COUNTY, FLORIDA Prof~-ss:on~J Engineers. Planners & L~nd Sur~/eyom ,~r~ ~-28-98 LOCATION MAP WYNDHAM PARK PUD COLLIER COUNTY, FLORIDA 27-48S- 2~ EXHIBIT "C" NapLes Daily News NapLes, FL 34102 Affidavit of PubLication Naples DaiLy News ~OARD OF CO, J~T¥ COflMISSIONERS ATTN: MIA~TA SIRLEAF PO BOX 4q~0~6 NAPLES FL ~901-3016 REFERENCE: C~:'230 ~912501 5//52901 CU-98-18 NOTICE OF P State of Flo~da Cc~Jnty of Cailler Before the undersigned authority, personally appeared An<jela Bryant, ~ o~ oath says that she serves as Assistant Secretary of the Naples Daily Nan, s, a daily qe~spaper published at Naples, in Collier Co~t/, Florida: that the attached copy of mdvertisir~j ~as published in said newspaper on ~tes listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier C(~Jnt/, FLorida, and that the said newspaper has heretofore been continuously published in ~a~d Collier County, Florida, each day and has ~,eq entered as second class mail matter at thc p~st office in Naples, in said Collier County, Florida, for a period of I year next preced~n~ ~he first publication of the attached copy of advertisement; and affiant further says ,hat she has neither paid nor promised any ~erson, firm or coporation any discount, refute, commission or refund for the purpose of sec~r~n~ this advertisement for publication ~ the said newspaper. PUBLISHED O~ '1/22 AD SPACE: 27.000 iNCH FILED ON: 1 ~/23/98 3 0 ! ' I ~. :" f'~F' 1' i, .; ,, , ~ F_'. C U-9~h 18 HOTICE OF: PUBLIC earing on TUESDA y, OECE/,',t3E~ 8. lr~8, in ~e ~:]rc~oom, ]rd F I~ Condllio~l O~e "6" t¥ (fiLFJ l~ Pr~ed~ Io- ~m o~ Cypress W~ ~th, ~ange 25 East ~e B~d will need o re- ~rei~e, may n~ed eludes ~e lestimonv Ond BOARD OF COLLIEP COuNTy F LO~lO~ B~PBApy, B BEPP, DWIGHT E BROCK CLEPK , ~1o, 22 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: ('lcrk tn the Board: Please Itl:Ice the fallowing as a: XXX Normal legal Advcrliscmcnt [] Other: IDisplay Ad',.'.. location, crc.) Petition No. (If none, give brief description): .CU-9g- 18 Petitioner: (Name & Address): Ah,'in . Sandsmark oulhwcst Florida Dcsi n & En inecrin 5100 T;u'niami Trail N. uitc 114 ~34103 Name & Address of any person(s) to be notified bv Clerk's Office: (If' more space is needed, auach separate sheet) American .Funding & Service Corporation, 2150 GoocllcUe I~d., Suite 307, Naples, FL 34102 Hcanngbcforc gCC XXX BZA Other Ncv, spapcr(s) Io be used: (Complete only if imporl,qnl): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. CU-98-18, Alvin J. Sandsmark of Southwest Florida Dcsi n and En incerin re rcsentin, American Fundin and Sen, icc Co ration re ucstin, Conditional ........ . . .. Use "6" of Ihc RMF-~, 3 zomn d. tstnct for an Adult Lwm Facfld · AL for ro rt',,, located on the West side of Goodlctte-Fmnk Road Soufl~ Sf_~C~ ross Woods Dave East side of 12'~ Street and North of Frank Whitcman Boulevard in Section 22 Townshi 49 South Rang.c. Eas~ _ Companion petition(s), if any & proposed hearing date: Docs Petition Fcc include advertising cost? ~c"Ts [] No l£Ycs, v,'hat account should be charged for advertising costs: 113-138323..649110 Rcviev, cd by: ' ' "i('-'"'~ . , ~) ~ Approved by: '/') Division Head Date " LJsl AItachrncrus: County Manager Date ho DISTRIBUTION INSTRUCTIONS F~r hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llead approval before submitting to County Manager. Note: If legal document is involved, be sure that an,,' necessary legal review, or request for same, is suhmittcd to Count.,.' Attorncv before submitting to County Manager. Th'e blanagcr's office will distribute copic,s: ' - [] County Manager agenda file: to Clerk's Office [] Requesting DMsion [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a cop)., for file. FOR CLERK'S OFFICE US[ONLY: ~ OF PAGES ', (including this cover) !!!!!ili11111.,!1111111111111111111111111111111111111111111111111 TO: JOYCE : LOC~TION: _ N~IES DAILY NEWS FAX 1~O.: COM+~-NTS: lilllllliliti llillllllillllli!lilllllllliliillllilllllllilllll FROM: LISA STEELE LOCATION: Collier County Courthouse FAX 1~o: (813) 774-8408 "~ PIIONE'NO: (S13) 776-8406 Da~ent: ~sent: October 28, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Conditional Use "6" of the "RMF-6(3)" zoning district for an adult Living Facility. Dear Joyce: Please advertise the above referenced notice one time on Sunday, November 22, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Co~nissio.uers of Collier County, will hold a public hearing on '["JESDAY, DECI~24BER 8, 1998, in the Boardroom, 3rd Floor, Administra'~ion Buildi'~g, Collier County Government Center, 3301 East Tamiami Trail, Naples The meeting ',.,'ill begin at 9:00 A.M. ' ' The Board ,will consider Petition No.CU-98-18 , Alvi~ j. Sandsmark of Southwest Florida Design and Engineering, represe~ting American Fundin.q and Service Corporation, requesting Conditional Use "6" of "RMF-6(3)" zoning district for an Adult Living Facility (ALF) for property located on the West side of Goodlette-Frank Road, South of Cypress Woods Drive, East side of 12th Street and North of Frank Whiteman Boulevard in Section 22, Township 49 South, Range 25 East. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged If recognized by the Chairman, S 1 · poKesperson for a group or organization may be allotted 10 minutes speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials Jntended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Boat'd 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. BOARD OF COUNTY CO~MISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk ( SEAL ) October 28, 1998 Alvin J. Sandsmark Southwest Florida Design & Engineering 5100 Tamiami Trail N. Suite 114 Naples, FL 34103 Public Hearing to Consider CU-98-18 "RMF-6(3)" zoning district for an Adult Living Facility Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 8, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in ~he Naples Daily News on Sunday, November 22, 1998. You are invited to attend this public hearing. .~incerely, Lisa Steele, Deputy Clerk Enclosure October 28, 1998 American Funding & Service Corporation 2150 Goodlette Rd. Suite 307 Xaples, FL 34102 Public Hearing to Consider CU-98-18 "RMF-6(3)" zoning district for an Adult Living Facility Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 8,i998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 22,1998. You are invited to attend this public hearing. ~incerely, i~isa Steele, Deputy Clerk Enclosure RESOLUTION 98- .% REaOzo~=~I PROViDiNG -~' ~::? r,~.~ ..... ESTABLISHMENT OF AN ADULT LIVING FACILITY CONDITIONAL USE "6 ..... THE "RMF-6~'3)" ZONING DiSTRiCT FURSUANT TO SECTION 2 ~ 5 3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTiC:: ~, TOWNSHIP 49 SOUTH, ?,ANGE 25 EAST, COLLiEP, COUNTY, FLORIDA. WHEF. EAS, the Legislature of the State of Florida in Chapter 67-i2,;6, Laws of Florida, and Chapter !25, £"lorida 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 Leve!epment Code (Ordinance No. 91-!02) which includes a Somprenensive Zoning C'rdinance 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 hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "6" of Section 2.2.5.3 in an "RMF-6(3)" Zone for an Adult Living Facility (ALF) 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 :~atters required by said regulations and ir: accordance with Subsect.!cn 2.7.4.4 of the Land Development Code for the Collier ?ounny Planning Commission; and '.',:HES. EAS, all interested parties have been given {?portun]ty ~o ce heard by this Board in a public meeting assembled and the B()ard ~.avi.qc ccnsidered al! matters presented. ~.~OW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Alvin J. Sandsmark of Southwest Florida Design and Engineering representing American Funding and Service Corporation ',:ith respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "6" of Section -.~.5.3 of the "RMF-6(3)" Zoning District for an .c,u_~ Living Facility (ALF) in accordance with the Ccnceptuai Mas~er "C") and subject to the following conditions: i. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Pules and be subject to review and approval ty Current ?fanning Environmental Staff. Removal of exotic vegetation shall not be counted tcwards mitigation for impacts to Collier Count,/ jurisdictional we[lands. 2. An appropriate portion of native vegetation shall be re5ained on site as requ4~ ' .~_c in Section ~ ~ 5.5.,~. of the Collier Count,/ Land Ceve!opment Code. 3. .An e:<o~:.c vegetation removal, monitoring, and :nazntenance (exotic free) -' for the site, with . p~an emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/ construction plan approval. 4. Petitioner shall comply with the guidelines and recommendations of Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to p[otected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 5. Under ~he present four-lane condition of Goodiette Road, a full median opening may be permitted pending a review of the area's crash history ~nd potential turning movements for the proposed project. However, engineering analysis may show that the median opening should be constrained to a northbound !eft turn. The County reserves the right to make the final determination at any time during the construction or operatlon of the facility. Under a six-lane condition for Goodlette Road, the median opening shall be constrained to a northbound left turn. 6. Appro','al for the driveway access shall be reculred both :~' - C.~> Council and the Board of Count'.' Cor~mzss~cners as a consequence of City Council Resolution Ho. 3B61 and County Commission Resolution No. 8!-242. ?his approTai may be made explicitly as part of the final apprcvai as long as it is in the approving resolution. BE IT }'URTHER RESOLVED that this Resolution be ~-co.ded in the minu~es of this Board. -2- This Resolution adopted after motion, second nnd majority vote. Done this day of , 1998. BOARD COi,LiKR ATTES?: 2:':iGHi' E. BROCK, Clerk EAREAFA E. :-:'%=v 2hai .... Approved as to Form and Legal Sufficiency: Assistant County Attorney f/C%'- ~- 1 8 PESOLUTIO:: -3- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-18 The following facts are found: Section 2.2.5.3.6 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C o Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compa%ibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, stipulations, (copy attached) approval this conditional use should, ,with (should not) be recommended for DATE: CHAIRMAN: ~/CU-98-18 FINDI~;G OF FACT C;{AIRMAN/ EXHIBIT "A" LEGAL DESCRIPTION _'.~T 7Z. ",~,:,PLES ',,',',PR'Z..VEMENT COMP~NYS LI~'fL£ F,:,F--.!.~S , ,. ,~,_,~1' T~,ERECF AS R£CO~DED ,N PLA' ~COk 2. P'"GE 2, nUBLrC PECORDS OF COLUER .ZC, Ui'~TY, fLORiDA AND LESS THE OAK KNOLL UNIT NO. c~L!E- ,c ul/,.l'.,, AS SHOWN ,N PLAT BOCK 4. PAGE 42. PUBUC RECCRDS 'DF COLLIER COUNTY, FLORID~ AND L£S5 EASTE,'~L¥ '~00 FEET. EXHIBIT "B" EXItlBIT "C" RESOLUTION 98- 487 A RESO[,UTION PROVIDING FOR THE ESTABLISHMENT OF AN ADUI,T LIVING FACILITY CONDITIONAI, U:JI'i "6" IN THE "R?,":'-613)" ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3 OF THE COLLIER COUNTY LAND OEVELOPHENT CODE FOR PROPERTY LOCATED iH SECTION 22, TOWNS}{IP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapte~ 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and er. for.re zoning and suqh business regulations as ,,re necessary f"<:r protection ef the public; and WHEREAS, the County pursuant thereto has adopted ~ i,and Development qo!e (Ordinance No. 91-102) whic~ includes a Comprehensive Zoning Ordinance establishing regulations for she zoning el particular geographic divisions of the County, amona is the granting of Conditional Uses; and WHEREAS, the Collie~ County Planning Commission, beina tho appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "6" of Section 2.2.5.3 in an "RMF-6(3)" Zone for Adul~ Living Facility (ALF) on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provts:.on nnd arrangement have been made concerning all appli,>~i; r. at ~q:'s :'eqt;i fed 10'/' s,tid regulations and in accofdancr, '...'[ ~ h You,,rib' P!a~;ning Commission; and Wi~ERI.:AS, ,~]l iht. crested parties have been giv()u op~ert~:rii y be heard by this [~oard in a public meeting assembled and the t~avinq co:~sic!ered all matters presented. :!OW, '!'IIi-;P. Ei.'ORE fie [T P.~iSOLVED, BY TIlE BOARD C}F ?',OliiHG APFRA:.;': Collier County, Florid,] that: -1- The petitio.~ filed by Alvin J. Sandsmark of Southwest Florida Design and Engineering representing American Funding and Service Corporation wit_h respect to the propert:y hereinafter clesc:'ibod as: Exhibit "B" which is attached h,..reto and incorporat,}d by reference herein be and the same is hereby approved for Conditional Use ".3" c: S,>ct io:~ 2.2.5.3 of :he "RI4F-6(3)" Zoning District for an Acit~lt 1,lying Facility (ALF) in accordance wit[] the Conceptual Haste:' Plan "C") and sub3ec,: to the fol!owin9 conditions: !<:;vi:',mmental perm:tLln~ shall be in accoIdanc,~. with lhe i;L~iLQ of Florida En'zironmen~al Resource Permit Pules and be subject to review and approval by Curront Planning Environmental Staff. Removal of exotic v,:qet:ation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 2o An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. An e:<otic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas cf retained native vegetation, shall be sUb;hi Lted to Cur rent Planning Envi ronmenta 1 Sta [ f for review and approval prior to final site plan/ ,;,mst :'uct:ion plan approval. 4. Petitiener shall comply with the guidelines and recommer:dation:~ of F]orida Game and Fresh Water Fish Commission {FGFW~C) regarding impacts to prot:eoted wilci'.llc species. Where protected species obs,3rve,t en site, ,l Habitat Flanagement Plan for those p~c1,-:,:t,~d spec:es shall be submitted Lo Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Ur, der the present four-lane condition of Goodlet_te Roact, a full median opening may be permitted pending a re,,'irY,z of the area's crash history and potent turning movements for thc proposed project_. ~]o'..m,/c~: , er~]Jneer[llcj analysis may show that the m,:)(i[an oponir;9 should be constrained to a northbound left turn. The County reserves the right [o make the final determination at any time during the construction operation of the facility. Under a six-lane condition for Goodlette Road, the median opening shall be constrained to a northbound left turn. Approval for the driveway access shall be required from both City Council and the Board of County Commissioners as a consequence of City Council. Resolution No. 3861 and County Cemmission Resolution No. 81-242. This approval may he marie explicitly as part of the final ,~p[)~wal ,~s long as it is in the apprc)ving resolution. P,E !T FU}47'ttER RESOI,VED that this Resolution be recorcted in the minuEes of t:his Board. -2- TP~is P,e$olution adopted after motion, second and majority ATTEST: DWIG}iT E. BROCK, Clerk BOARD OF ZONING APPEAI,S COLLIER COUNTY, FLORIDA Approved as to Form and Legal Su£ficiencT: Narjc~ie H. Student Assistant County A~:torney -3- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-18 The £ollowing facts are found: Section 2.2.5.3.6 of the Land Development Code authorized the conditional use. 0 Granting the conditional use will not adverse].y affect the public interest and will not adversely affect other prop~:~rLy or uses i~ the same district or neighborhood because of: A 0 Consistency with the Land Development Code and Growth Management Plan: Yes .~, No [txjross and egross to properzy ar:d p:oposc'd sL~'uctt:ve5 thereon with particular reference to at~tomot_iw, and pedestrian safety and convenience, traffic ~low and control, and access in case of fire or catastuop~e: Adequate ingr~s & egress Yes /~ No Affects neighboring properties in relation to noise, g~,:e, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in tire district-.: Compatible use within district Yes .~ _ No Based on the above findings, this conditional use s~:ould, with stipulatio~s, (cQpy attached) (should not) be recommended for approval f/Ct; 9q 18 FINDING OF FACT EXIt I P,I T "A" EXHIBIT "[%" Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHHISSiONERS ATTN: HIATTA SiRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #912501 57783531 87-15 NOTICE OF INTE State of FLorida County of Collier Before the undersigned authority, personally appeared Angola Bryant, uho on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a neuspaper published at Naples, in said 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 office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither poid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspsper. PUBLISHED OH: 11/22 AD SPACE: 115.000 INCH FILED ON: 11/23/98 Signature of Affiant Sworn to an,, Subscribed before me this ~ day of /~i~7-F_.,) 19_~ 87-15 NOTICE OF INTE~'IT TO cat,SIDER ORDItIANCE Notice is hereby given that on TUESDAY, DECEMBER 8, 1998, In the Boardroom 3rd Floor Ad- mtn strotion Building, Col- lier County Government Cenler, ]201 Eas~ Tamlo- mi Trail, Naples, Fl~ldo, the B~rd of County Com. the enactment o~ a County Ordinance. The meetin() will commence cfi 9:00 A.M. The title at the pro, posed Ord[nan¢e IS as tGI. ORDI~IA~ICE AMEHDING ORD~· NAHCE NUMBER AS A ~,'E~IDED, TH~ BRETO~JlIE PLAFI~IED U~IIT DE. VELOPMENT, AMEHDffIG SUBSEC. TION5 2.3, PROJECT PLAN ; SURSECTIO¢~ 2.5, PLAH APPPOVAL PEOUI~E. ME~ITS' A &~E r~DI~O 5U~SEC~O~ ~,~, USES IfiO SUf~S~C TIO~ DEVELO, PO~HT TIVE DATE. Petition No. PUD-8~.12(3), John B. Goodman, Limited Padnership, re- to the ~retonne Park Planned Unit Develop. of the pr~osed Ordinance ore on file with ~e Clerk to the ~rd ~nd ore available f~ inspeo lion, All Interested ~rties ore Invited to ~end and be hear d. qOTE: All persons tar with tl~e Courdy minis~rotor P~IOP to present~t~ of the da item to be ~tresse(I, Individual ~eokers be limited to 5 minutes on any item. The f, election of on individual fo SPOOk On ~eh~lf of on rec~ni:ed by the ('holr- a group Or ~nJ:ation may ~ alloffed ~0 mtn- have ~JHen ~ ~ ~phJ( m~eriol$ In(Juaed In Board agenda pockets O minimum of ~ weeks ~erlded to be Considered by the ~rd ~h(Jll be 5JJb- mitred ~o the oppr~rlote pubJic hffOFJ~Q. Ami mcflerJ. al used In present.ions betore ~he Boara wlH be- com~ o permanuni port of ~)e r ec~d. Any per~n wh~ deci~ e~ fo appeal o dec~slon of fha B~d will need ~ re. cord of the pr~eeainQs erJaJning thereto and ensure that a rec~d Of the precedings Js nlod~, which record In- evidence upon which the appeal is ~sed. BOA~D OF COUNTY COMMISSlO~IER S COLLIER COU~ITY, FLORIDA BABBARA B, BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY:/~/Ellle Hoflman, Deputy Clerk (SEAL) November22 No. 1310556 COI,I,IER COUNTY FI. ORIDA REQUEST FOR I.EGAI. AI)VERTISING OF PUBI, IC llEARINGS 'Fo: Clcrklothe Bnard: Please place lhe follmvinff :ts a: XXX Norm:il Icg:il ,,\dvcrtiscnlcnt [] Other; I 1)ispl;~?, ,.\d v. loc;it ion. etc. I Orlgin;,~ngDcpl/Div: Comml)cv. Scrv./Planning Person: / ,-~ Dale: [[.l~.Cf ~ Pctilion No. {I f none. give brief description): PUD-86-12(3) Pclitioncr: INamc & Addrcssl: John B. Goodman, Limited Parlncrship, Alln: Peler ",Vorlhing~on, Direclor of Dcx'elopmcn~, 111)7_ }{azcltinc ~oulcvard,..Suile 2t)t). Chaska. NIN 55318 Name & Address of any person(s) to be notified bv Clerk's Office: (If more space is needed, att;ich scparalc sheet) Donald W. .qrnold~ AICP, Wilson, Miller. Barton et Peek. Inc., 3200 Bnilcv Lane, Suite 200, Naples. Florida 341o5 ;md Marilvn Mullcn }teal32, .Esq, Salem. Saxon & Nielsen. P.,,\.~ It)l E. Kcnncdv Blx'd., Sic. 3200. Tamp;~, FI. 33602 }tearing before XXX BCC Requested Hearing date: BZA Other Ncwspapcrls) I0 b<: used: (Complete only if import;l:qt): Based on adx'ertiscment appearing 15 davs before hearing. XXX Naples D;itl,.' Ncv,'s Other [] Legally Required Proposed Tcxl: (Include legal description Fc COllllnon location & Size: Companionpctition(s), ifany&proposcdhearingdate:~3 "~e,~ ~q%~'3 (.~'-~C~ Docs Petition Fee includ(: advertising cost? ~es [] 113-138312--6491 l0 Rc','icwcd bx': // -'"fhx ision t toad Lisl Alt;IChlnenls: No If Yes, wi'mt account sliould be charged for advertising costs: Approved bx': Dale COLIi'IIV Maru~gcr Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: lniti:ltinp, person Io cumplete one coy and ollt:lln Division lie:id al)l)ro.,.al befo:'e submitting to Count:,' ~.lanager. Note: If leg:fi document is involved, lie sure th:il any necessary legal rexic,,r, or rcquc:,t for s:~me, is submitted to County Attorney before submitting to Count>' M;m;ige~i~, Thc Manager's office will distrihute copies: [] Courtly Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Oilier i)carings: Initiating Division head to approv(: and submit original to Clerk's Office. retaining a cop>' for file. FAX / ~ OF PAG~.S PAN PRRREI.I. NAPLES DALLY NEWS ELLIE HOFFMAN {941) 774-8408 (941) 774-8406 November 16, 1998 Ms. Pam Perrell ~Japles Daily News 1075 Central Avenue ~aples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-S6-12(3) Dear Pam: ?lease advertise the above referenced notice one time on Sunday, November 22, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, E]lie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE ~ / INTENT TO CONSIDER ORDINANCE [,~otice is hereby gJ'...n that on TUESDAY, DECF~MBER 8, 1998, i:'~ '~he Boardroom, 3rd Floor, A iministration Building, Collier County Government Center, 330i !.last Tamiami Trail', Naples, Florida, the 13oa:d of County Commissioner:' ...,ill consider the enactment of a County Ordi~:ance. The meetinc ...'[11 commence at 9:00 A.M. The title o[ the proposed Ordinance is ~ follows: A:.,[ ORDINANCE AMEND]ii . ORDINANCE NUMBER' 87-15, AS AMENDED, THE ,~ii%ETONNE PARK PLANil UNIT DEVELOPMENT~ BY AMENDING SUBSECTION PROJECT PLAN; AMENi ?] SUBSECTION 2.5, ' PLAN APPROVAL REQUIREME[,~TS; ;:'/,.ENDING SUBSECTIO]~ 1.2, USES PEPZ4ITTED; ;~4ENDING SUBSECTION DEVELOPMENT STANDAki..~; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-86-12(3), John B. Goodman, Limited Part~:ership, requesting an amendment to the Bretonne Park Planned Unit Development. Copies of the proposed Ordinance are on file with the Clerk to t:i~e Board and are available for inspection. Ail interested parties are inviLed to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of ,the age:~da to be addressed. Individual speakers will be limited to 5 minutes any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, spokesperson for a group or organization may be allotted 10 minutes speak on an item. Persons wishing to have written or graphic materials included the Board agenda packets must submit said material a minimum of ~ prior to the respective public hearing. In any case, written materials innended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. /,ny person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIrmAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) November 16, 1998 John B. Goo¢~an, Limited Partnership A~tention: Peter Worthington, Director of Development 1107 Hazeltine Boulevard, Suite 200 Chaska, ~N 55318 Re: Notice of Public Hearing to Consider Petition PUD-86-12(3), Bretonne Park PUD Dear Petitioner: Please be advised that the above referenced petition will be censidered by the Board of County Commissioners on Tuesday, December 8, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Nan!es Daily News on Sunday, November 22, 1998. ~ You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure '.'~ovember 16, 1998 Mr. Donald W. Arnold, AICP Wilson, Miller, Barton & Peek, 3200 Bailey Lane, Suite 200 [,:apies, FL 34105 Inc. Notice of Public Hearing to Consider Petition PUD-g6-!2(3), Bretonne Park PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 8, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 22, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ~<ovember 16, 1998 Marilyn Mullen Healy, Esq. Salem, Saxon & Nielsen, P.A. 101 E. Kennedy Blvd., Suite 3200 Tampa, FL 33602 Re: Notice of Public Hearing to Consider Petition Bretonne Park PUD Dear Petitioner: Please be advised that the above referenced petition wilt be considered by the Board of County Commissioners on Tuesday, December 8, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 22, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ORDINANCE NUMBER 98- AN ORDINANCE AMF. NDING ORDINANCE NO. 87-15, AS AMENDED. Tile BRI!TONNI'.' PARK I'I.ANNEI) UNIT DF. VEI,OPMF. NT. BY AMENDING SLIBSI'X'TION 2.3. PR().II'X'T I'I..,\N: ,,\M I!NI)ING SUI?,SI~CTION 2.5. Iq. AN AI'Iq~,OVAi. I), I'iQt J I I~, t'~ X I I iN'l'S: :\MI!NDIN(} SUI~,SF.(U'ION 4.2. USES PERMIT'I'I'~D; AM[:.NDING StiBSI'X'TI()N 4.3 I)EVFA.OPM ENT STANDARI)S; AND BY PROVIDING AN EFFECTIVI{ I)ATF.. \Vhcrcas. oi1 April 7. 1987. Iht Board of County Commissioners approvcd Ordinance Number 87-15. which established thc 1½rclonne l)ark Planned Unit Development: alld \Vhcrcas. on August 23, 1988. the Board of County Commissioners approved Ordinance Numbcr 88-o7. which amcndcd Ordinance Numbcr 87-15. thc Brctonnc Park ['lanncd t.;nit J)cvcJopIllC;ll' iltld \Vhcrcas. John B. Goodman Limited Parlncrship, petitioned the Board ol' Coullty commissioners oFCoilicr County, Florida, to amoral Ordinance 87-15, as an'~cndcd, its ['olio\rs: NOW. TI tEREFORE BE IT ORDAINED by thc Board of County Commissioners of ('oilier County. Florida that: I [.AN SI'~CTION SI'X'TI()N ()NI'~: AMI:.NI)MI:.NTS T() PIU).II':('T ' Subsection 2.3. Project Plar~. of Ordinance 87-15, its anlcndcd, is hot'glD' amended ;is follows: 2.3 PILOJIN'T PLAN Thc Master Development Plan for thc project is imlicalcd on l!xhibil Il. and is an integral part of this PUD dOCtlltlC~ll. A reduced xcrsion ol' thc Maslcr Development Plan is allachcd at thc rear of this document. 151cmcnts of thc Master l)cvclopmcnl Pkm include: [ .:.llld LIst /\gl'cs gtrccts 21.2 Rcsidcntial $itcs 138.7 Oomme-r~ Assisted Living Facility/ I 1.5 ,Skilled Nursing Facility Lakes 35.1.1 Upland Recreation Opcn Space 48.3 Wetland Preserve 10.3 Maintenance/Utility Area 4.5 Golf Course 51.8' Commt, nity Center 12.2 Total 333.5 *Approximatcly 13.4 acres of this tolal to remain in native uplaml habilal. Words underlined are additions; v, qw, lq.,~rt~k-through arc dclctkms. Pmjcc! dcvclopnlcn! shall conf'onn to Ihc approved Master 13cvclopmcnl l'hm in gcncral and to thc approved Subdivision ('onslruction Pkms. ModilScations lo the approved Master Development l)hm of up Io 5% shall be pcrmitlcd to accommodate changes required I>y Slate or Federal pcrmilting agencies. S[:,CTION TWO: AMENDMENTS TO PLAN API)ROVAL REQUIREMI'~NTS SF, CTION Subsection 2.5, l'lan Approval Requirements, of Ordinance 87-15. as amended, is hcreby amended as follows: 2.5 IH.AN A. API'I(OVAL RI:QUIRI:ME~ TS PURPOSIi Thc Maslcr Development Phm indicalcs lhc basic nature of development permitted for thc project as a whole, consisting of single Ihmily residences on individual lots. Iow-risc attached and detached rcsidcnlial units of various typcs, golf courses, lakes, wetlands, and recreational open space. ;md a neighborho~,,shapj:i::g center an assist~livjng/skillcd ~;ursing facility, and ancilla~' uses. Recreational buildings and facilities of various kinds may bc established in thc area indicated on the Master Dcvclopmcnt Plans as Community Center and Recreational/Open Space, cithcr as a part of thc initial development improvements or at a subsequent dale. development of project infrastructure, residential units, recreational facilities, and increments. Thc pu~ose of thc plan approval requirements is to provide a mechanism Ibr thc county staff to review detailed development plans fi3r the project development increments and to determine if thc development increments and the detailed development plans comply Ihlly with commitments established by the P.U.D. document. D.R.I. I)cvclopmcnt Order, County Zoning Regulations, and all other applical, lc standards and regulations. SECTION TI IRI':I:.: AMIiNI)MI:~NTS TO COMMIT. RCIAI. D['iVI£1.OPMI{N'{' RE(;t;I.ATI()NS ,Section 4, Comn'~crcial Development Regulations, Subsection 4.2. Uses I'crmitlcd, of Ordinance 87-15. as amended, is hcrcby amcndcd as Ibllows: 4.2 USES PERMITTED No Building or structt, re, or part thereof, shall be erected, shored, or used. or I;md used in whole or part, for other than tile follov,'ing: A. Principal Uscs: I. A ::eighl;orhoc'd slxaloping center, which shall i::clu-Je 'a supermarket ::s i~ major tenanl. The s!~apping center ma7 also i::ck,'de a drugstore-mu4 Side Yard: Abutting Utility Site Accessory Sl~,'turcs From Yard; Davis Boulcv:ml l':mbassy Woods Side Yard: LSZ Maxilntml I Iciehl:~ .-]4~ ~'~0'f~..,. .... .,,... ~ ....... ,,,.t'~ Ii :: i si K-,,bgrmle-ol41 ~-.4o~ Required l.:mdscapc Bufl'cr Area: When alm4tMg-wes'~ke,~14-al(¥--,,,med prol~a~s ~ required by thc Collier Counly Zoning Ordinance m cf foci thc time perm/ts arc rcqucslcd. D.c',Mop:ner~t Plan/'q'h, wova[: Prior to de:'ele, pment of.d] t!;e s,!n~.ffmlg center site, site de:'elopmer~t pla:: :',pprov~:! fr~m-',-lhe m., · ,,v., · , r'~: ....... . ........ ','.'Jilt ~ '; r' which ct~:ect the .qm?phtg center lo extema! :;,'reels d:e r-^. "'"": ....... Transpo."latior: ...n~p..,,,,,~,,.. ........... q:he r'"'m'"..,. t-)elmr4menl :;!vdkq41sure '~ ......... n.,,M..~.; .... k;ca,,hm-4..v.l Mam-km]s ~:,¢e-n:el. limb-w,: access drive co-h,4~-4mer4mb4~.m,ae Park sh~eeb-amb4mq.' r~iuire th'.'! :: drive .-w--dr4~,'e:; Pl4.cr lo grant o,Cshe de;'elofimen! ,-~ ......... ~ ........ m'w-oq~a ,I,74 ,se si te-de~k~tm,~e4,,bp-lm~ ~ai-M;e subjected-to an advertised--publi~-4ve?,r44:~g (zorn,re.., P!a,a~.i~.'4~ r'~ ..~mmssmn,' ' ' ;lit advis.m"y ......... ~ ....... ~ ol:qhe ('of-lie:- ('cmm-v P4m~.+mtg ('onw,,,4ss4em; am.l-ad-ve~t4~e,_.~]-p,aMic helm ng held by I he4hm4-d.-,ff of-the t~ ..... ~ ^ct.^ ....... r' ....... :~; ..... h.c ....... ;~" i ..... ;'~."lq" '~'~ i;tPat4,a l.~+r4wgs ,shall hmlude the detailed site de;'e.!e, pment-I~m, ..,,,,,,,,,,,,.,,,; ........ , ~,,; .... ,,,.,.h"' St:pernl:Ir,t;et [ss ,..'" :;'hen dve-n'a:mk el amb4he-a:;:;oci aled ...... ~'~'~- of .... .-~: .............. t.~, ;:rea c.xf~hted .... m..,,e ...................... I~e,th,,,~,,~t,c ~,.;M.~ st:flqci~-~tl ,,,,~,,,..,,~,,:"n ....... :^,. regarding the 5h;~ping c-emef deveh.;pmer~t ,tun.dias Io pemdt a delcnrfina',iop,.4hal-4he~'equir~14~aMing is assured. Parking I, Assisted Living Facility: I space peruni! 2. Skilled Nursing Facility: 2 spaces per 5 beds SECTION FOUR: EFFI-:CTIVE DATE This Ordinance shall become cffective upon filing with lite Dcparlmcnt of Ntatc, W~,nl,: mldcrlincd art' acldtlinrrq ,,~mt,~.,;ma~-lhrmf~zh arc dclcfinn,; dry cIeanh:g, post ~f~'c~, a::d such other ::se.-. as P4am,,.g.Z-en h,~g r~: ........ ~. .................. An assisted living lhcility and a skilled nursing facility. Thc assisted living facility shall contain a maximum of 210 unils and the skilled nursing facility shall contain a maxin'p, mt of 60 beds. and I'unher su[~ecl to Ihe [:.A.R. requirements established in Section 2.6.26 of the L;tnd Development Code, Maintenance/utility site. Accessory Uses: 1. (.'tLqlOlllary ;JCCCSsory us,2s ;llld sJrtlCttlr¢S. ..c. igll5 ti.';t.~,H.-14{l.t~,---- ' l l.;y ,1.~ r-..ll;~, r.~,,.,,,../ .,, ...... oea,,g ()rdm. lmce ia eg'ec44,,Hhe4ime pe,qnits ::re ......... ,~ut~e ...... Thc assisted living l*~tciliLv and skilled nursing fac:lily may include accessory rctail'pcrsoll~ sca'icc fitcilidcs such as sundO' shop, gill shop. hairdresser, cleaning, homo heahh care sc~'iccs and other similar uses. SECTION FOUR: AMF. NDMI'~NTS TO DEVELOI'MENT STANDARDS SECTION St,bscction 4.3. Development Standards, of Ordinance 87-15, tls arncndcd, is hcrchy amended as follows: 4.3 DF-,V'I'~I.OI~M ENT STANDARDS A. Perimeter Sclt')acks I. Tlvat-lmrlion al'the site which abuts a street right-o!' way: .14r) r~, ,~ ,~ ............ , ] ........ ~ a.:, ~ ............................. or park-rog :;pace~ .,..~¢,..,C'"'° ~,~ ,,,.~1"~ ,,." .... ...... ~..~, .i.~rt;lc l];a,. ., ! .,,,"~ .... 2. That portion cfthe site which atmls reside:~lilgly-;.,x-.::ed !aad~ 25 feet to the ::et:rest paved drive or parking space; 50-feetq oq4 ~,-~m- e s. t pri:':cit.m! .L Principal Structures Front Yard; DAp:is Boulevard 80' En',bassy Woods Boulevard F'ASSF. D AND DUI. Y ADOPTED by thc Board of County ('ommissioncrs Collicr County, Florida, this _day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DW G[IT C. BROCK, CLERK BARBARA B. BERRY, CftAIRMAN APPROV'ED AS TO FORM AND LEGAL SUFFICIENCY: .MARJORIF. M. S'FUDENT /\SSISTANT COLLIER COUNTY ATTORNEY Brclonnc Park PUD Amendment Ordinance/Disk A .......... V,'nrd~ underlined are addidrm~: w~'~rd~.~imc 'l~fhrn l~h ,'are defefirsn~ t..tE CE~V E..U- I) OAgS- ~, , ORDINANCE NUMBER 98- 1 12 AN ORDINANCE AMENDING ORDINANCE NO. 87-15. AS AMENDED. TIlE BRETONNE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SUBSECTION 2.3, PROJECT PI.AN; AMENDING SUBSECTION 2.5, PLAN APPROVAL REQUIREMENTS; AMENDING SUBSECTION 4.2, USES PERMITTED; AMENDING SUBSECTION 4.3 DEVELOPMENT STANDARDS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 7, 1987. the Board of County Commissioners approved Ordinance Number 87-15, which established tile Brctonn¢ Park Phmncd Unit Development; and ~,tt[:REAS, on At,gust 23. 1988. thc Board of County Commissioners approved Ordinance Number 88-67. which amended Ordinance Number 87-15, thc Brctonnc Park Planned Unit Development; and WIIEREAS. on February 28, 1989. tile Board of County Commissioners apl~rovcd Ordinance Number 89-I0 to correct scriveners errors appearing in Ordinance 88-67; and \\"t IEP, EAS, D. \Vaync Arnold of Wilson Miller, Barton & Peck, Inc., representing John B. Goodman Limited Parmcrshil~. petitioned lhc Board of Counly Commissioners of ('oilier County. Florida, to amend Ordinance 87-15. as amended, as tblIows: NO\V, 'I'IIEREI:ORI5 BE IT ORDAINED by tile Board of County Commissioners of Collier County, Elorida that: SECTION ONE: AMENDMENTS TO PROJECT PLAN SECTION Subsection 2.3, Project Plan, of Ordinance 87-15, as amended, is hereby amended as follows: 2.3 PROJECT PI.AN Thc Master Development Plan for thc project is indicated on Exhibit alld is all integral part oF this PUD document. A reduced version of tile Master Development Plan is attached at thc rear oF dfis documC~ll. l!lcmcnts oFthc Master Development Phm include: l, and Usg Acrcli Streets 21.2 P, csidcntial Siles 138.7 Ce, m:';'.ercc_Assistcd Living Facilil~ I1.5 Skilled Nursing lZacility Lakes 35.0 Upland Recreation Open Space 48.3 \Vcdand Preserve 10.3 Maintenance/Utility Are:t 4.5 Golf Course 51.8' Community Center 12.2 Total 333.5 Words undcrlim,'~.l are additions; w*mb~amt, h-lhrough arc deletions. *Approxim:ttcl¥ 13.4 acres of this lot:d Io remain itt native uphmd habilal. wilh selective clearing, lilling and exotics removal. Project development shall confoml to the approved Master Dcvciopmcr, Plan in general and to tile approved St,bdivision Construction Plans. Modifications to thc approved Master Development F'hm of up Io 5% shall be permitted to accmnmodat¢ changes required by State or Federal pcnnitting agencies. SECTION TWO: AMENDMENTS TO PLAN APPROVAL REQUIREMENTS SECI'ION Subsection 2.5, Phm Approval Requirements, of Ordinance 87-15, ils amcndcd, is hereby amended as follows: 2.5 PLAN APPROVAL REQUIREMENTS A. PURPOSE Thc Master Development Plan indicates tile basic nature of development permitted for tile project as a whole, consisting of single family rcsid,mces on individual lots, Iow-rise attached and detached residential units of various lypcs, golf courses, lakes, wcllands, and recreational open space, and a- neighh~d:ood s!~af:ing ccrAe~ ~ assisted living/skilled nursit~g facility, and ancillary u$~. Recreational buildings and facilities of various kinds may be established itl tile area indicated on the Master Development Plans its Community Center and Recreational/Open Space, either :ts it pan of tile initial devdopment improvements or al a subsequent date. Actual development of project infrastructure, residential units, recreational I'acilities, and tile neighborhood shopping center will occur itl a series of increments. Tile purpose of the plan approval requirements is to provide a mechanism for the county staff to review dclailed development plans for tl~e project development increments and to determine if tile development increments and Ihe detailed development plans comply fully with commimlents established by lhe P.U.D. docmnent, D.R.I. Development Order, County Zoning Regulations, and all other applicable standards and rcgulalions. SECTION TIIREE: AMENDMENTS TO COMMERCIAL DEVELOPMENT REGULATIONS SECTION Section 4, Commercial Devclopnlent Regulations, Subscction 4.2. Uses Permitted, of Ordinance 87-15, a's amended, is hereby amended as follows: 4.2 USES PERMITTED No building or structure, or parl thcrcof, shall bc crcctcd, altered, or usctl, tlr land used in wl~olc or parl. I'or other than tile following: A. Principal Uses: Words underlined a~c additions; through arc deletions. .L An assislcd living facility and a skilled nursing facility. The assisted living facility shall contain a maximum of 210 units and the skilled nursing fi~cilily s~tll conlain a maximum of 60 beds. and filrlhcr be subject to the F.A.R. requirements established in Section 2.6.26 ofthq Land Development Code. 2. Maintenance/utility site. B. Accessory Uscs: 1, Customary accessory uses and structures. :,'r~, at '"~ '; ......... ; ...... requested. Thc assisted livinu facility and skilled nursing facility may include acccsso~ retail/personal service facilities such as sundry shop. gift shop. hairdresser, d.ry cleaning, home heahh care services arm other similar uses. SECTION FOUR: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Subsection 4.3, Development Slandards, of Ordinance 87-15, as amended, amended as follows: 4.3 DEVELOPMENT STANDARDS A, Perimeter Setbacks .1_, 1. is hcrcby ~5 .... r..., to Ihe ,nearest prmc,.,r.,' ;""~ struct~ ..................... ~ .......... cr park:ng Principal Structures Front Yar~; Davis Boulevard Embassy Woods Boulevard Side Yard: Abutting Utility Silo Acccsso~ Slmcture~ Front Yard~ Davis Boulevard Embassy Woods Boulevard Side Yard: Words underlined arc ~ldilions; d~rough arc d¢lclions. .Maximum I leiL_'ht: .-~ feet--~4~:ve ',he l~:fishCd-~,qhe-Mh NO porljs~ll o1' II~c Assislcd Livin~ f:acijjly ~ALF) building, conslruclcd widfin humlrcd and scs'cmy-l~ve feel (175'1 of linc soulhcmmosl propcr~y lille ~uuin~ S.R, 84 iD:wis Boulcvard) shall bc ~rcatcr d~an tt~rcc hahiudqc floors, Thc AI.F building, or portions o1' linc ALF buildings conslruclcd ~rcatcr Ih:ut one hundred and scvcqly-Iivc (175') from ~oulhcrnmos[ properly boundary abuttin~ S,R, ~4 ([)uvj~ ~vursl) may maximum building hci¢~t of 1ilty I~e~ Any l\~tt~r¢ huildin~ comaining a Skilled Nursing Facilily ISNFL constructed wilhin one humlrcd and scvcnly-fivc Foci (175'~ of U1r soud~ernmost property boundary abultin~ Davis Boulevard. shall bc at least one habitable floor Iowcr fwid] a minimum or one tloor) flxm dw greatest number of Floors constructed For any other pa~ oF dial btfildin~. No SNt: building, or poaion of a building containin~ an SNF. construcicd ~rcatcr flxm one hundred and scvcnly-fivc f~cl ~175') from l)~wjs Boulevard (SR 84) shall be ~rcalcr Ihan tllrcc f3) hal~i!~!~¢ lloors. Required l.andscape 13t, ITer Area: \Vh¢:: ::btP,4h~er4demiaHy--/,med l~Xq;cr[y, as ~ retluired by tl~e Collier County Zoning Ordimmcc in el'Ii'ct ~1 Iht lime pcrmhs arc rcqueslcd. .Merc4~mlise Skin--nd !2isp!;C,,: 't'l~'fe shall-4;e no--tmk~de-~or%,¢ v,r~ti~k;y oF :~r-cq:and~ ~;::!! !',e s.u!'.j~cted to :::: '.:'dv~:1, i,sc-d pub!is he::rh~g held by lhe C'cllier (-4~ty Pkm::h:g r, ~ · ' ad'.'Lscry ~ ....... ~Ol 1[':I'.52;0;':; L::1 Vol8 :.:".¢-,~]18 ~,m ........ :,, 2n ........... ~ ....... e-he. ~ .... naj ..... ¢ ....... ;'c:i::g ............. Parking 1, ,,\ssislcd Living Facility: I space per tLLlil 2. Skilled Nursing Fa~:ilily: 2 spaces Rcr 5 beds 4 / Building Design Guidelines: [hfi]dings sha]l Feature similar exterior design elements ,,vhicr~ aesthetically compatible to those foLmd within thc Bretonn¢ Park F'UD. SECTION FOUR: EFFECTIVE DATE Tiffs Ordinance shall become effective upon []ling with thc Dcp;lrlnlcnt oFStat¢. PASSED AND DULY ADOPTED by the Board of County Commissioners of ('oilier County. Florida, this ,ff"//5;~ day of~~_.~.~ . 1998. ATTEST: D\VIGttTC. ROCK, CLERK B BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BAR~XRA'B. BERP, ~'~ CI IA'~R,~-7-'' signature onl.~. 'APPROVED AS TO FORM AND LEGAL SUFFICIENCY: J MARJORIE M. STUDENT ASSISTANT COLLIER COUNTY ATTORNEY Brctonnc Park PUD Amendment Ordinance/Disk A P L"D8(3- 1 2:~ D 0 A 9 8" STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-112 Which was adopted by the Board of County Commissioners on the 8th day of December, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this llth day of December, 1998. DWIGHT E. BROCK Clerk of Courts and'~lerk Ex-officio to Boar~_of County Commissioner~ By: Ellie Hof fman, Deputy Clerk ; ,r}/ ~ RESOLUTION 98- 481 RELATING TO PETITION NO. CU-98-23 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessar7 for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the Count}., among which is the granting and extending the time period of Conditional Uses; and >:i{}][~E7:S, on Hove:nber 25, 1997, the Board of Zoning Appeals enacted Resoluticn i~o. 97-~.~5, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for a church, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been cDmmenced; L'OW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier Col'.nty, Florida that: The written request of Roy A. Shuck, Pastor representing Faith Communit,f Church for the first of three (3) permitted extensions, in interest of the following described propert'f: Trna" ]5, Go]den Gate Estates Unit 97, ]ess tl~e east ~00 feet and Tract. ]6, Golden Gate Estates Unit 97, less the east 600 feet, as recorded in Pla{ Book 7, Paqe.~ 95-96, of :_:'~n Public Records of Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5 o£ the Land Oe'~'elo?ment Code (Ordinance No. 91-102), and the expiration date for Resolution No. 97-445, attached hereto and incorporated herein as Exhibit "B", and all conditions applicable thereto, is hereby extended for one additional year until November 25, 1999. -1- BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes o[ this Board and in the records of the Petition for which -~a 'i'hJs Resolution adopted after motion, second alid majority vote. Done this ~ day of ~ , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, .Clerk Approved as to Form and Legal Sufficiency: Marjo~Je PI. St. udent Assistant County Attorney f/CU-"7~2] EXTENS.'ON PKSOLUT[ON -2- RESOLUTION 97- 445 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE "1" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-!246, 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 Cgunty Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as'in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.3.3 in an "E" Estates zone for a church 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 Oevelopment 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 asserabled and the Board having considered all matters presented. ~;OW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Geoffrey G. Purse of Purse Associates, Inc. representing Faith Comraunity Church with respect to the property hereinafter described as: Tract 15, Golden Gate Estates Unit 97, less the east 300 feet and Tract 16, Golden Gate Estates Unit 97, less the east 600 feet, as recorded in Plat Book 7, Pages 95-96, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for a church in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: 1. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the 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 No. 91-102). 2. All applicable provisions of the Land Development Code in effect at the time of submission of final Site Development Plans shall apply. 3. Arterial level street lighting shall be required at the time of issuance of the first certificate of occupancy at established project entrances. 4. Whenever a parking lot is established opposite a lot line contiguous to an "E" Estates zoning district a decorative concrete block wall or pre-manufactured masonry fence/wall shall be constructed at a height of six (6) feet above the established finished grade of the parking lot. Said wall shall be constructed at ~ ~ ~2YaS~he~[~ e i ng !o~ is constructed. In the ' g ' e buffer of fifty (50) feet shall be retained or planted which accomplishes a one hundred (100) percent visual screen for a vertical distance of six (6) feet to be in place at the time said parking lot is permitted. 5. No parking lot shall be located within fifty (50) feet of any lot line contiguous to the north and east boundary lines. 6. All exterior lighting shall be limited to a height of sixteen (16) feet and shall be directed downward and appropriately shielded so that no clare is transmitted to an adjacent "E" Estates property. -2- 7 o Improvements to 22n~ Avenue NW and to the intersection of 22"~ Avenue [~W and Oakes Boulevard may be required consistent with the ultimate impacts of the church's traffic on that intersection. Such improvements shall be determined at the time of preliminary site plan submission. ' 8. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. 9. Should it be determined by Collier County that a sidewalk is necessary along 22~ Avenue N.W., the owners of the property which is the subject of this petition shall pay a proportional share of the costs of said sidewalk. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this J3-- day of ~~,~_f , 1997. ATTEST ~.. , / "DW~GHT'.i.E.' '~RocK'~. Clerk - ~ / '. j :'"A:p~r~ 'as'.'it'~' ¢or'~¢~m and L~al;'Suf~ici~z~y: ar]~ze ~. Student Assistant County Attorney f/CU-97-23 P-ESOLUT I ON BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY/. ~A~dd~, Chairman -3- ('ONSTRUCTION AND MAINTENANCE AGREEMENT FOP, SUBDIVISION IMPI~OVEMENTS PRIOR TO RECOI*,DING OF PLAT TIll.'-; ('()NSTRUCTION AND MAINTENANCE AGREEIMENT FOR SUBDIVISION I.\II'I~,OVI!MEN'I'S I'P, tOR TO RECORDING OF PI.AT AGREEMENT cntcrcd into day of ~ff_../_.-{E., , 1998 bctwccn Palm Foundation, Inc. I1, hcrcim~l'tcr rcfcrrcd to as thc "l)cvclopcr" and the Board of County Commissiormrs of' Collier County, Florida. hereinafter rtl'erred to as the "Board". RECITA[.S 1. Developer has, simult:mccmsly with thc delivery oF this Agreement. applied for Ibc approval bv thc Board of a certain plat of a subdivision to be know as: Coco Lakes 2. I)ivisicm 3.2 oFlhc Collier County Land Dcvclopmcnl ('ode allows tile Developer to coi~struct the improvcrnerits required by said subdivision regulations prior to recording the NOV,/, TI IEREF()RF.. in consideration et~ the tbrcgoing premises and mutual cox.'cmmts hcrcimtl'tcr sot l'tmh, Developer and tlao Board do hereby covcmmt ami agree its lbllows: 1. Dcvclopcr will cause to bc constructed site improvements including roadways, drainage facilities, water and sewer facilities, lighting, excavation, signagc and striping within 36 months from the date of approval of said st,bdivision plat, said improvements hereinafter referred to as tile required improvcrncnts. 2. Dc:'cloper herewith agrees to construct said improvements l','ic,' I.o recording said subdivision plat and the Board of County Commissioners shall not approve thc plat tbr recording t~ntil said improvements have been completed. 3. Upon completion oFsaid improvements, thc Dcvclol')cr sJmll tender it subdivision pcrlbmmncc security in thc amotmt ofS62,303.9() which represents tc~ pcrccnt (I 0%) of thc total contract cost to complete construction, ripen receipt of said subdivision pcrfimnance security bv thc [)cvclopmcnt Services Director, thc Developer may request thc Board of ('ounty ('ommissio,crs to approve thc subdivision plat for rccording and grant preliminary approval of 4. The required improvements shall ,lot be considered complete until a statement of std'~stantial completion by Developer's engineer along with thc Ihmd project records have been furnished to be rcvicwcd and approved by the Development Scrviccs Director for compliance with the Collier Cotmty l.:md Dcvclopmcr~t Code. ! Irna _napl cs v. p, I Ij94 7140')I1 dcm'¢ r nasq~rl~gl}918.doc 5. Thc Dc,,,cloprncnt Services Director shall, within sixty (60) days of' receipt of sl',~tcmcnt of substantial completion, either: a)notify the Developer in writing of his preliminary :H)prox'al of thc improx'en~cnts; or b) notit~ thc Developer in writing of his rcl'usal to approve thc in~provcmcnts, therewith spccil3'ing those conditions which thc developer must full5ll thc Director's approval of thc in~provcmcnts, tlowcvcr, in no event shall thc [)cx,clopmcnt Scrx'iccs l)ircctor rcfi~so prclimina~ approwd of thc improvements iff they arc co~slrt~ctcd a~d sul3mittcd For approval in accordance with thc rCtlt~ircmc~ls of this .,\ grccn~cr~t. (). The Developer shall nmintain all required irrH)rovcmcnts lbr a n~ininltml period of one year al~cr prclin~inary approval by thc Dcx'clopmcnt Services Director. Aftcr thc one year ~ait~tcnancc period by Ibc Developer has terminated, thc l)cx'clopcr shall petition thc [)c¥clopmcnt Services Director to inspect thc required improvcmcnts. Thc Development Services Director or his designee shall inspect the improvements and, it' found to bc slill in conq31iancc with the Collier County Land Development Code as rcllcctcd by final approval by thc [3oard. thc [¢oard shall release thc ten percent (I 0%) subdivision pcrlbm~ancc sccuritv. Thc I)c¥clopcr's responsibility for maintenance off thc required improvements shall continue tmlcss or until thc Board accepts maintenance responsibility for thc County. 7. In thc event thc Dcvelopcr shall fitil or neglect to fulfill its obligation trader this ,.Xgrcct~cnt. upoi~ certification of such I~tilurc, thc County Administrator may call upon thc subdi¥ision pcrlBrmancc security to secure satisfactory completion, repair and maintenance of thc required impro¥cmcnts. Thc Board shall have thc right to construct and maintain, or cause to hc COl~Structcd or maintained, i)ursuant to public advertisement and receipt t~l'acccl)tnnce of bids. thc improvements rcqttircd herein. Thc Dc¥clopcr, as principal under thc std,dix'ision performance security, shall be liable to pay and to indcn~niFy thc Board, upon completion of such construction, thc tlnal total cost to the Board thcrcol~ including, but not limited to, cngincci'ing. legal and contingent costs, together with any damages, either direct or consequential, which thc tgo~rd may sustaill on aCCOtlllt offthc lklilurc ol'thc Developer lo Ik~llill all of thc provisions of this :Xgrccmcnt. ,,\11 of thc terms, covenants and conditions hcrcin contained arc and shall bc binding ttt')ol~ thc DcvcJopcr and thc rcspcctix'c successors and assigns of thc Developer. IN WITNESS WHEREOF. the Board and the Developer have caused this Agrccmcnt to bc executed by their duly authorized representatives this J:'---~ day of ,a~ce.=.~ff.~ 19 ,,*,:L~. ' ~ ~'/ 0 /9nc/':,,,,-) q' -'-<', / ,,.. / Stcvcn It. l..ovclcss, President Palm Foundation, Inc. Il A'I'TEST: D\VIGHT E. BROCK, CLERK Attest as to Chairman's $ !gnature,Approvca ,no.sniff Form and legal sufficiency: {2!%- .. David Wcigel County Altomcy (Ord. No. 92-73, ~ 2; Ord. No. 94-58..~ 3, 10-21-94) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Executive Summary Coco Lakes Page 3 PREPARED BY: John R. Ho~ldsworth, Senior Engineer Engineering Review REV! EWED BY: · Thomas E. Kuck, P.E. Engineering Review Manager / County Engineer Ro~e~.--Mu t-here,_ A I CP /~%'o. nning Service-s~Department Director k~-z~cent A'~ '~autero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh Date Date Date AGENOA ITEM DEC 0 8 1998 Pg. _ This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Ref Inv # 91-01-00474 FOR CLERK'S USE ONLY *** 2406055 OR: 2489 PG: 2595'** CL!RK TO ?H~ ~A~D SATISFACTION OF u.~.1210 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 91-396 against: Don & Karen Hutchison P.O. Box 428 Gold River, British Columbia Canada VOP 1GO The lien was recorded on June 28, 1991 Official Record Book 1628, Page 721, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Fody Five Dollars (245,00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 9, Block 424, Marco Beach Unit Thideen, a Subdivision according to the plat thereof, recorded in plat book 6, pages 92-99, of the Public Records of Collier County, Florida. REFERENCE: Inv# 91-01-00474 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Chairman, directs execution a~.d recording of the Satisfaction of Lien, by action of the Board this ~ day of ~_~.,,,....../ , 1998. ATTEST: DWIGHT E. BROCK, Clerk Attest as to'Chalnm4~'$ signature onlj,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARe'ARA B. Chairman RESOI.UTION NO. 98- 482 A RESOI.UTION APPROVING TIlE EXPENDITURE OF COUNTY FUNDS FOR PREV'IOUS AND FUTURE WASTEWATER DEPARTMENT TEAM BUll. DING SESSIONS AND FINDING AND DECLARING TIlAT SAID EXPENDITURES ARE AUTIIORIZED AS SERVING A PUBIJC PURPOSE. \VI[EREAS, the Veastcwatcr Dcparlmcnt regularly holds strategic team building sessions which provide tl~c Wastcwatcr Department employees v,'itb cxcrciscs on working together cfi'cctivcly, to build employee morale, make group decisions and the opporlunity to interact with fctlow Wastcwatcr Department cmployccs; and WIIEREAS. the Wastcwatcr Department team building sessions arc a two {2) to three (3) hour cvcnt scheduled in the morning, breaking at mid-day. \Vii EREAS, coffee, juice, donuts, pizza, sandwiches, potato chips, sodas, and cookies have bccn and will bc made available to tile Wastcwatcr Department employees attcncling team buildmg scssions. WIt EREAS, Collier County Ordinance No. 87-5 allows for expenditures ofcounty funds to enhance County employee productivity, and recognizes that thc promotion and engender of good will toward the County is an important factor affecting the pride of county employees in their work. provided that the Board of County Commissioners adopts or has adopted an implementing resolution setting forth the specific purposes of the expenditures; and \VH EREAS, on 4/2/98, 8/26/98, and 8/28/98, the Wastcwatcr Department held team building sessions at which costs in the amount of $I09.03 were incurred for pizza, soda, coffee, donuts and juice; and WHEREAS, the \Vastcwatcr Department shall in tilt future hold team building sessions at which cxpcnditurcs for coffce, juice, soda. donuts, pizza, sandwiches, potato chips and cookies shall be incurred. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNIY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ihat: I. Thc expenditures in the amount ofS109.03 for Wastewater Dcparlmcnt team building sessions bcld on 4/3/98.8/26/98 and 8/28/98 are hereby found by the Board to serve a valid and proper County purpose and arc ratified and approved. Thc specific expenditures ratified and approved arc pizza, soda, donuts and juice. The Board further finds that for future Wastcwatcr Dcparlment team building sessions expenditures for pizza, soda, coffee, donuts, sandwiches, potato chips and cookies serve a valid and proper County purpose o£promoting and engendering goodwill toward County Government and increasing productivity within the Wastewater Department and for those masons are approved for future Wastewatcr Department team building sessions. The Board hereby authorizes disbursement of moneys to pay for said expenditures. Maximum expenditure per fiscal year of $1,O00.O0 or less. ' This Resolution adopted this ff",~., day of[,~et~,..,~_,~ 1998 after motion, second and majority '.'otc favoring same. ATTEST: DVv'IGItT E. BROCK, Clerk ~tte/~t as to Cha~r~n'$ s~nature only. ^pprovcd as fo fom~ and legal sufficiency: ," Da,,'id C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' B~BAfiA B.'BER"R'Y, C~i ~ Lcasc fl 1 kl'.':\ S 1'~ AGI~,i~EM ENT Tills l.l:..,\.';li A(;I~,IiI'2,,1F. NI' entered into this J:~"'~ day oI'.~, 1998. between RAYM(}NI) ~ 'RAWF( )RI ) x~ hu~c mailing address is Roule 3. [lox 951. I.aBcIIe. Florida 33935. hcrcmal'lcr rctcrrcd to as "I.ESS]~I~". and C()I.I.II:R ('fit INTY. a political stlbdivisioll of the State of' Florida, whose mailing address is 3301 East '['ra il. Naples. Florida 34112, hereinafter rclZ'rrcd to as "I.ESSOR". \V I T N 1! S S F.'['II In cons~dcraHo~l of tJlc :lltltuaJ Co'VellalllS COlltailled hereill, alld other valuable cons~deratio~L Ibc par!ies agree as foilows: .,\I,VHC[.I~ I. Demised I'rcmiscs 1.I'~SM)R hereby leases to I.ESSF. F. and 1.1iSSF. E hereby leases from I.I~SSOR 436 acres c,f pre, perry described m Exhibit "A" which is attached hereto and made a part of this Lease, hereirmfter called the "Demised Premises". situalcd m thc County of (,_'oilier and the State of Florida, for the sole purpose of grazing cattle. ,.\RTI('I.F. 2. Term of l.case I.EgSlili shall have :,mi hold thc Demised I'rcmiscs for a Icrm of one ( I ) year, commencing on thc daw I.ESS( )R cxccutcs this I.casc. I.[.~SSEI~ ~s granted thc option, provided il is not in dc[~mlt o1' any of Ibc terms of this I.casc. to r'cncw same annually under Iht same terms and conditions, except as to Ibc rental amotllll, as provided hcrcTM. by swing xxrmcn not/cc of I.I~SSEE'N retention to do so lo thc I.ESSOR not less Ihan thirly (30) days prmr to thc expiration {fl'thc leasehold estate hcrchy created. I.I~SSOR reserves thc right to deny I.I~SSEE, m writing, of any renu%al term. Said t3ollcc shall hc cJ'J('ctivc tlllotl placement of thc notice m an official depository of thc [h~tcd grates Post ()flhtc. Rc?slcrcd or ('crhficd Marl. ['ostagc Prepaid. ARTI('I,I'; 3. lgx:lll I.ESSF. F. hereby co,,'cnants and agrees to pay as rent for the Demised Premises thc sum of Eighl I hmdrcd Scvcmy- Two Dollars (Sg72.(1(1) per allllilnl. Said annual rent shall be paid in fidl upon thirty (30) days from Ibc dale ill which Ih~s l.casc is executed by thc I.I~SSOR. I.I~SSEE will also be responsible liar thc payment ol'addilkmal rent as provklcd fi~r in AR'I'I('I,I~ 5 ol'this I.cusc. In thc cvcm I.l!SSlili elects m renew this l.casc, as provided l'or in AIL'HCI..F. 2, linc rent set l'orfl~ itl AR'I'I('I.I'; 3 shall bc incrc;,scd utilizing thc method outlined in AR'I'ICI.I'~ 4. I.ESSOR reserves tile right to terminate this l.easc, v,'ith or without cause, by providing I. IiSSEIi v,'ifl~ lhirly 130) days writlcn notice Io thc address scl filrlh in AP, TICIJ'; 14 of this l.casc. Said notice shall bc effective ulmn I'~laccmcnt of thc notice in an official depository of Iht United Stales Post OlTic¢, Registered or ('ertl ficd Mail. PostaL2c Prepaid. ARTI('I.F. 4. Rencwifl Term P, cnt In Iht event l.li.";?;lil'i clecls to renew this I.casc, as Im)vidcd fur in AI*.TI('I.li 2. the rcm Scl forth itl ARTI( 'I.1! 3 ,hall bc increased fin' each ensuing one ( ] ) )'car renewal term in the same prol'mrlior~ that thc ('onsumcr Price Index l;rhan Wage Earners and ('lcrical Workcrs-llnilcd Stales ('ity Average. all Item-Series A (1967=II)0L I)cpartmcnt iff' I.ahor had mcrcascd fi~r thc preceding year. I lowcvcr, m no event shall Iht annual mminmn~ rent bc less than Eighl Ihmdrcd Scvcnly.'I'wolMllars($g72.llO) nor shall anyycarlyincrcasc bcgrcatcr Ihan 10%. In thc event Ihat thc ('onsumcr Ih'icc Index ceases Io incorporate a signil~cant numhcr of items, or if a subshmtial change method of cslablishmg such ('onsumcr Price Index. then thc Consumer Price Index shall bc adjusted tu Ibc figure that would have rcsuhcd had m) change occurred in lilt manner ol'computing such ('ollgtlmcr Price Index. hi Ibc CVClll Ihal ~uch (.'~msumcr Price Index {or a successor or substitute index) is not available, a reliable governmental or other nonpartisan puhlicatmn, evaluating thc inlkmnation thereto I~r usc in determining t}~c ('onsumcr ['rice Index. shall bc used in lictl o1' such ('onsunlcr Price Index. I.ESSOR shall advise I.I,~SSI~E, m wriling, of atltlunl ('PI increases alld I.ESSEI: shall pay IJ~SS( IR established rent within thirty (30) days from I.I~SSOR'S notice to I.ESSEIL ..\l~,'l'l('l.li 5. ()fl~cr Expenses and ('har~ IJ'2,;,'-;lil.. shall p:,y all cosls associated v,'ith thc maintenance of the Demised Premises and any and all ulilib' charges. Il' I.I!SS()I,( elects to supply any services lo Ih,2 I)crnised Premises, IA:.SSF. I'~ agrees lo pay linc same ils additional rent wilhin thirly (30) days of its receipt o£ Ih,,: I.ESSOR'S bill or invoice. ARTI('I.IL 6. ~J,,;~.JiJ]~'3~i~llS to I)cmiscd I'rcmjS~ Prior m makm~ .any chan~cs, ~llcrafim'~s. additi't:,ns, ur irnprc, vumcrus m lh¢ l)cmiscd l'rcmi~cs. I.ESSEIL will pruvidc lo I.ESS()R all proposals nnd pbns I~r uhcr~lions, improvements, ctmngcs or mldilions lo linc l)cmi~cd Premises Ibr I.ILSS()R'S wrJllun approval. ~pccil'yin~ m writm~ lhe nalur¢ and cxlenl of Ibc desired ailcralion, JmprovcnlCnh challiS, or ~lddllltm. ~lJOil~ ~ ith Ibc COllICIllJ)I~IIgLJ M~lrlJn~ Olld complclion time fiJr Stlch pr~jt.ct. I,ESS()R or ils dc'si~llCg II11j)I'~IVCIllCIlIS. ci/:III~C~ OF ~lddlllOl~ proposed by I.I{SSILE. Il' after sixly (6{)) d,lyS IhCl'U JILLS bLt.il [ i~( )i~ oF I~S dt'slpllt.t, lo MINI proposals or pJalls, lJlcll SJls'Jl ~JJu'llu'U' shall bc dccmcd as a dVlllaJ i.J...q,.~JiJ; c~)',.cll:ltJJs all'ti a~l'L",.'~ II1 C',ll'lT1L'CJl'tlll ~.~.llJl lilly I11:tm[L'llallCL', Ft.i'Jall' \\~,)rk, t.FCLIb~H1, Coll:.¢trt~CUOll. II111'Jl'tIVt.lllk'lll. ;v, tdlJltHI OT' alI¢l':lJlOll OJ' ill/V :ttllhOl'izvd IllOdiJ~l~'alioi'ff,, ;.lddiJloll?, ,tlr ImJ'd'oVt.lllUIlt:-. tit thc J)t.111Ist.d l'rcnllsu's. Io ~l~,,crxt. and conq',ly ',\'tJh :ill lhL'll m"td J'tlltlr,,: ;.ipj'iJjcal~i¢ I;l~,:;, ~.~rdmanct.s. ruh.'s, rcguh, lliolls, alld tctJLlll'UlllUllJ~ ~Jt' tilL' [ !lllJcd ,'~t;lb,.'S I~J' ,'\lllL'l'iClJ. ~JiIJL' 'tit' [;l't~l'l,,J;I, (,'tllltlJy Ol'( 'OIIJL'I', illld lilly illld ;lit }2OVt.I'lllllt.'llJ',lJ iI~CIICIt.S. ;\11 ;ihcrahtHl~. ln~jirovcl~CltL'¢ ;.ltld ;.IddlllOll.'.; to s:lJd J)Rlllised J"rclllJ.'.;,,.'s ~Jl:tJJ ~ll ollcc. \V]IL'I1 I11:Id~.' or 1115. t;.tJled, il,,., dccmcd a~ attached Jo the frcelmld and Itl have beconle properly c,l' I.F.~S(II.~. Prmr alL', rencv, al Jcrm Jhcrcol'. or v, lllmt Jhu'ly (30) ,day~ thcrcalier, i!~ I.I!~S()R so direcls, l.li:<,.";lil'i :.hall proml,,fly rermlve Ihe ,IddllltJllh. IlllJllO\ClllCllJ',. aJlcr:lJl~Hls, l'lxJurus ;llld Ill~,laJJ:.tliolls ~,~, Jllch ',',',..'re pJa¢cd i~1. ~H1, tlr Hptul Ill,...' J)cml:~o-J J~l'L'TlllhCh hv 1,1.2<.,'.41.~1... ;illd i't.j'~alr all.v d~l111:l~c 't~cC~.lSlOllcd ti) [hL' I)I.'IllJsL'd I)rcrmscs by such rcm,.',vai; and in ,.tcf~u. lJJ IheruuJ'. I.I:.SN( )I..L may c~mq'd..:l,.' saM i"c111(ivals ,'llld FL'Ji~.Hrs ;.1[ I.ESSI'~IL'."-; and a~r,.:cs noJ Io Iix,,:, OCCLIp)'. SU fl'ct t~r p,..'rnlJl said J)¢mh'.;ed J)rcnlJscs or mi}' jl;irl lhcreol't,.~ be ..\I¥1'I('I.R 7. ,~M,'~,',,'~s jo l)cmiscd Premises l.l(S.~( )R. its duty amhorizcd agents, rcprcscnlalivcs and employees, shall have thc right after reasonable I.f(SSI(I~. lo cnlcr rolo and upon Thc l)ctmscd l'rcmiscs or any parl lhcrcof at all reasonable hours Ibr Thc purpusc E~I' CX:lllltllillg thc same and making repairs ~r pr(widing janitorial service Ihcrcm, m~d Ibr Iht purp~scs compliance wtlh Iht pr,~visi,ms o1' Ibis l.casc .&grccnlcnl. .\l,Ll'l( 'l.h ,x. L~?,_LgJ_~!I!S'J]L~Lttd I.li:';SJili covenants and agrees not lo assign this I.cas¢ or h) sublet IJlC xxJloJC (il' ally part of thc [)cmtscd I'rcmlSCS. xJl}~lc'lIIIl~. CVClt wtth Iht. cun~t.nl ut' l,l~( )R. shall nat rchcvc I.ILSSILE From hahtlily Ibr jla)'lllt.tll iii' ri.lit or olht.r StllllS JicicM1 j~l-likldt.d ()r I]'(Hll I]lC obJJ~allllll hi kccp ii/id bc btJulld by IJlC IL'rills. Cl)lldJliOllX alld C(IVL'llalll~ of Ibis I.ca~c. 'iht. .'\ICl'l( '1.1{ 9. jE4cnmi!Z l.li.'q.Sl!li. In t.mNdcraJion ul"l'cn I)olI;u's ($10,OI)). Iht rcccq~l and sul'lScicncy ul' which is hcrchy ackm)x~lcdgcd. shall indcmnll?, dclbml and hold harnllcss I,I{SS()R. Ils agcnls and employees I'rtml and against any and all (stilltilor}' t~r i~l}lCr'xt isc). d:llllagCs, claims. StillS. dUlllalldS, judglllClllS, cosls, intcrcsl illld cxpcIlscs (including. [llllllcd hL ;IIIOFIIC}'S' t~'CS ailtJ disbHrsclllcnls bolh al IrJal alld appclkllc levels) arising, dircctJy or illdlrCCl]y. JTotll mjtu'y m. or dcalh of. any person or persollS or dalllagc lo property (including h~ss of usc thereof') rc[alcd I~ {A) I.K~SI{I.TS use ol' Iht I)cmiscd I'rcmises. lB) any work or lhing whalsoever done, ~r ~mX condition crcalcd {ufl~cr ~han hy I.I~(IR. ils employees, agcnls or conlr;lclors) by or on belmll'of I.ES~I{I~ m or ahoul Iht I)cmiscd I'rcmiscs. I('l any c~mtlimm of ~l~e l)cm~scd I'rcmiscs due Io or resuhmg t}om any dcl~mh by I.ESSI~E in ~I~c pcrfin'm~mcc of I.I{~EIL'S ohligalions under Ihis l.casc, or (I)) ;my nth omission or negligence of I.I~SSI~E or ils agcnls, COlllr~lclo1's. employees. qd~Icnanls, licensees or mvitccs. In cnsc any nclion or proceeding is brou~hl a~;~insl I.I~SSOR by reason of any m~,'c fl~crcnf. I.ESSI{IL ~hall pay alt costs, Illtomc)'s' !~'cs, expenses ~nd liabililies rcsullmg Ihcrel}om and shall deft.nd ,uch acmm or proceeding i1' I.I~SSOR sh~ll so rcqucsl, nl I.E~SEE'~ expense, by cmmscl reasonably salislbcto I.I~SS()R. Thc I.liS.S~' )R shall m)l he liahle Ibr any mjur,v pcrs.ms in tilt' l)cmiscd Prcnliscs, tlr I'rolll IJlc slrct'I or sub-surface. 'tlr J'l'~llll ;.IT1)' olh,2r pJacL'. 'tlr fro' ;lll.V mlcrl'urcl~cc cau,,cd by opt.r;,Hl~ms hy or l'~r a gu\'cl'nlllt.llJ;ll qulhorHy in ¢onslrUCtlOn of ;lily public 'tlr tltlilsl-j'~ttbh¢ '0,'orks. 'Iht I,I{SS.()P, shall no1 hc liable Ibr :my dmnngcs 1o or loss of, including loss duc Io polly Ihcfh any property. ~.ccurrlng nn Iht J)clnlst.d I'rt. nllsC:-; ~r :lily part II1,,:l'Ctll; alld lJle I,liSSl!E .'~grecs Ill h~fld Iht.' l,lL:'iS¢)R harnlle.,,s I'r~m~ any I I~S()I~, ,,r lb cmlqoycc-. 1.1'5,.~1',1'. shall i~rovldc ;md ill{.Ulll~llll ~1 farm liaMily policy v,'hich sl~all bc approved I¥ Iht ('.llicr ('OtllUy l(isk Manaecmcnl I)cparlmcnL t'or nm less II,an an mnounl of 'l'hrcc Ilundru'd l'h(msand I)ollars and No,'100 ('chis [~(li) OI){).(l()l fl~rough-ut thc term or z%, renewals lhcrcof hJ Ibis A~rccmcnl. In isddilion. I.I~SF;ILIL sMiJ provide and ~amlam Wt. kcr's ('ompcnsation Insur~mcc covering all employees rattling Statutory I.mms in compliance xx'~fl~ Iht I h,~saml l).{br~ ami N.'I(){) ('cnl~ ($100.000.00) tisch accidcnl. .t~a!l bc prm'idcd t. Iht ~'.lhcr ('ounty Risk M;magcmcnt I)cp;~rtmcnl. 3301 East 'l'am~ami Trail. :Xdmimstr:mon Bufldmu. Naples. Fl~nda. 34112, fi~r aplsroval prior lo thc commencement of lhis lxasc Aurccmcm; and shal} include u pmv~sion rcquirm~ ten (it)) days prior wriltcn notice to ('ollicr County c/o ('otlluy Risk Manugcmcnl l)qxtflmcnt m t}~u cvcnl of cuncdl;mon or c}~angcs m Imlic>'fics) covcraue. I.t:SSOR rcscrvcs thc right m rca~onabl>' amend Ibc insurance rcqmrcmcnts hv ~ssuancc -f m~ttcc in writing to I.I~SSI'~I~, whcrctipon rcccipl of such notice I,I~SSI~I~ shall have thirty 130) days in which I, .Imlm such add~tmnal insurance. ] I'.~S()R ;lrOtllld thai :lrc;i ol' thc J]CllllScd J'l'Cllli~cs ~JlJcJl ~JlaJ{ Ci)lllaHl ;lily C;llllC. ]'his t'L'ncinp IS crucial in rClalmng Gillie alld prcvL'lltlll~ c;flllc J?o111 FII;IIIIlII~ .fi'of thc {)CllliXL'd J)Fcllli~cs. 1.1{~1{1{ ~hall. ;11 I~ hoJc o)~l 3rid L'XpCll~C, kccp Iht I)cmiscd I'rcnt~xcs clc;m ;il all IllllC~. If ~a~d I)cm~cd ])TC{]]ISCS ;irc mit kepi clean iii thc OpllllOll ol' I,ILSS{)R, l,lLSSI{l?S illanagcr wll] ilL' S({ advised m wrmn~. I1' corrccllVC ;icilOrl is m{I l;Ikcl] xxitkin lwcnty (20) days ol'flw rcccipl ol'such notice, I.liSS()R will CatlSk' IlK' s;llllk' to bc clc:mcd and corrected and I.I'SNI{E shall assume and pay all necessary cleumng cosls and such costs shall conslm~le uddmona} rent x~h~ch shall bc p;ml by I.ESSlili wlthin Ich (lO) days ofrcccipI ofwritlcn notice of costs incurred by Thc l.liNNl'~li, at ils sole c.sl. shall rep;sir all danlagc lo Ibc l)emiscd I'rcm~scs caused by I.liNNIiI(. ils cmph~yccs. agcmllS, llldcpclldclll contract.rs, gtmcsls, mvitccs. Jiccllsocs. or pair.ns. Thc I.ESSEIi. at its s.lc cosl. shall rcm.ye from lhe Demised l'rcmiscs mn accordance wroth all appllcalqc rules. laws and rcgt~lamms, all sohd. ]iqtmid, semisolid, and gaseous Irash and wasle and rcl~sc o[ any nature whalsocvcr which might accumulatc and arise from the operations of thc l.liSSlili'S business. Such lrnsh, waslc and reli~se shall el.sod c~mlaincrs al~prm'cd hy linc I.IiSSOR. :%t.'l'l('l.F. 12. )lZcf~!u{I by I.liSSlili Failure of l.liS,<,l'ili to cmnply fi)r nincly {%] days with any material provision or covcnanl of this l.cusc shall constlltllC u ddklult. 1.15S()R may, al ils Olmon. ICrllllllalc lhis l.case al~cr Ihirty (30) days wriltcn noliCe lo I.ESSI!E, tmlcss thc dcl~lull bc cured Wlihill lbo re)lice period (or such addilional lira0 as is reasonably required to correct such dcl~sttll), llowcvcr, tl~c occtH'rcncc of any of thc t~fllmtlng cvclus shall conslitutc a dcl';itlh by l.liSSl~l~, ami th~s I.casc tllily bc IllllllCdlatC]y tCl'llllllalcd Il)' I.ILSS( )R: (a) ,.\ba;mdonnwnl iff' {),..'llliscd Pl',~llllSCS or t{lSCOlllllltl;llioll Ill' {.JigSl[['?S opcr;ttmn. (b) {:;llsilSc;lti.n ul'l.l'~ggl'~E .r an ;Ig¢lll ul' I.['L"i,'ql'][ of;my report required to be ft;rnishcd to I.I{SS()R j~t~rhuanl h) l{lC tC,',~S oflh~S l.case. (c) J:ihllg of insolvent>', reorganization, pJatl or art'allgclllclll or ballkrtljqcy. (ti) :\djudicatior~ ;1~ I',ar~krul~l. Making ul'a general ;tsslgnmcnl of tile bcncl'~l of crcdm)rs. (f) If I.I.~SSI'~I:. su fl;.'rs this I.casc to be taken under ;my writ of cxcculitm. In file cvcnl of Iht ,~ccurrcncc of any ill' tile I'orcgolng dcfauhs tn lhis ARTI('I.li. I.ESS()R. in addititm to any ri~hls and rc)~cdics it m;~>' have. shall have thc immediate right Io re-enter and remove ;dl persons and l~mpcrl>' from thc [)~'mtscd I'rcmiscs, Such l~ropcrty may bo return'cd and storgd m a public warehouse or elsewhere ut Iht cosl of and fi~r ~l~c account of l.liSSl'ili, all without service of notice or resort 1o legnl process nnd wilhoul being deemed guilty trespass, or being liable lbr any loss or damage which nlay bc occas{oncd thereby. '.'i'i~c I.I';SS( )R may ut its OlmOn terminate tiffs l.c~c alicr rccmpt by I.ESSI{I{ of Ihirty (3()) dnys notice m ~vrmn~ I J,rld;t Mcdumic~ [.iL'ii J.:l~,. i v;isc. ;llld il' ~;lid anl~unts remain unp;ud ii~r more than tcn (I0) days pasl th¢ dtI¢ daJu', thc I.I{SSI{I{ stroll pay i.ILSS()R a lalc paymcnl charge cquaJ to live 15) percent oJ' any imynlcnl not paid pmmplly when duc. Any ammmls nol paid ~!M~ c,.l't~y I'h, ida bw. ~ luchcvcr ~s lu~hc~. ~ h~ch ullcrc,l ~hall hc paid by I.I{~SI:I{ m I.I..~S( )R. I J:.~,'cd' )R shull Ul m* c',cn! bc char~ctl ,.x !~h dcl'auh in thc pcrfi~rm;mcc of any of ils ohilg:flmns }',crcundcr unless until I.F,'-;.'$( )P, slufll have I~Hlcd to i'~¢rl'~lrl11 stlch t~bhg:Hlulls \vithlll flurry (30) days for such adJmon;d III11C ;IS IS ~c,l~on;JhJy rcquu'cd 1,~ cnn'cci such dcfaull)aflcr nolicc 1o I.E~S()R i~y I.I~S~ILE properly spccil'ym~ wherem 1.1L~%( )R I';lilcd Io pcrli,rm ;my suct~ obJi~allolls. /\nv notlcc v, hlch I.li.'-;Sf )R or I,I{S,$1".I: Ina.', be required to give I~, thc other parLv shall bcm xxrmn~ to tl~c olhcr [ li.q.q( )I<: I .l:..'q S F. IL: itt KII",.J ol'( '{)klllty (, 'tJJllJillSSJ(IJPdrs J,[;lylllOlld Crawford c o Real Property Mgmt. I)cpl. Route 3 - Box 951 33OI 'l'aml:mU 'l'r:Ul li;isl l,aBcll¢. Florida 33935 ..\dministrallon Building Naples. FIt~rida 34112 cc: ()fl~cc of thc ('rarely Attorney ()l'l'tcc tll'(';tJltI;l] ['rt',jccls M;lllagCmCllI 1.1{.'-:,:';ILIL shall rCllll,vc :ill.,,' ulli'~rovcnlcnls cmnplctcd hy I.ESSI'~F. pritlr to thc cxpir;itltm of dns l.casc and shall dchvcr tip ;llltJ surrender m I.I.iN.%()R posscssltlll ill' thc [)clniscd PrCllliSCs and lilly JlllJ~l'lIk'ClllL't'~tS L'XIIIF;II. ItH1 oI' tills I.cit.,,c. i)r lis c;IrJlcr l,..'l'llllll.~ltllH1 as h~.'rt.'ill j')rovidcd, in as good Colldit{oB ;llld repair ils thc Ht th~2 CIIIIIIIIL'I1CL'II'JCIII lit' I}1C IL'rill of this l.casc or may have h¢cn Iltll. hy I.ILS,";()R or tJlcr,..'tiJ', ordinary v,'C;.lr ;md [,..';ir alld dalllil?,.' I'}y I'll".2 tlr lj1,,2 L'JClllRIIIS beyond I.I:.SSEF/S control excepted. .\RTl('l .I{ 16. I.E:S.qILIL agn.'cs Io COIII;IH1 CattJ'J ','vlthill thc J)~.'lllJscd l~rcrnlscs and i'~rcvcnt caltJc J'rlllll ro;llllillg ol'I'of thc I)cmlscd J ~ r c Ill i ;,,;,,.' ~, I,IL.'-;.~I':I-~ fully undcrst:mds Ih;it thc police and law cnli~rccmcr~t security I'~rolcclltm provided hv law cnl'orccrncnl ;mcn,.:~cs liar Iht ;~htlvc-rcl',.'rcnccd l)cmiscd l'rcmiscs is limited lo that provided lo any olhcr hus,'~css tlr agency u~ ('olhcr ('ounty, ;md :~cknowlcdgcs that ;.lily special security measures deemed necessary I'or atlthlio~ml prt~tccutm thc l)cmiscd I'rcmiscs shall bc thc sole responsibility and ct)sl of I,I~SSI~E and shall involve I.ESS()R. I,ESSEI~ expressly agrees Ibr ilsclf, its successor and assigns, to rcl?ain l?onl any usc of ll~c l)cmiscd Prcnnscs which would inlcrlk'rc with or ;tdvcrscly al'lkcl thc opcralmn or lllalBicllallcc o1' I,I{SSOR'S slandartl Ol*cralions where other t)pcratltms s}larc c(lllllllt}ll l~lciJitics. Rights not specific:ally granlcd Iht I,ESSIH~ hy this I,casc arc hereby reserved to thc I.I{SSI{I{ agrees to pay all sales tax mqmsctt on thc rental ol'd~c l)cmiscd I'rcmiscs where applical~lc under law. (c) I,ILSSILIL ;mrccs 1o pay all inlangiblc personal I~ropcrly 1;ixcs th;il may hc iillposcd dtlc IO lilt crc;il/on, by l]lis l.casc, of :[ Ic:lscl~old interest in tl~c I)cmiscd Premises or I,ILSSEE'S possession of said leasehold interest m thc I)cmiscd Ih'cruises. ,,\1<'1'1('1.1'; 17. :~I~L~~ I.ESSI'iI'~ represents, warrants and agrees to mdcnmify, rcllllburse, dui'end and hold harmless I.ESS()R. from and .,gin.s! all co,,IS l including attorneys fees) asscrlcd against, imposed on or incurred by I,IiSSOR directly or indirectly ['~tH'~uJnl I0 or H1 C,,'~III$~.'CBtHI '0.'[lB Ihe apphcatmn of :lily I'edcral. st;tlc, lucal t)r COlllml)rl I:p.v relalitlg 1o ]mlhmol~ or protecllorl el' thc CllVlrOlllller/I. In compliance with F, ccmm 404.056, Florida Statutes, all pt, riles arc hereby made aware of thc I'ollowing: Radon ~:, a natur:Hly occurring radioactive gas thal, when it has accumulated ill ti bLiilding ii1 sul'ficienI quantillcs. may present hcahh risks to persons who arc exposed lo it over lime. I.cvcls of radon Ih:it cxcccd l~'dcrul and slate mndchncs Imvc bccn fimnd in buildings in Florida. Additional inlbnnation regarding radon and radon lcsm~g may bc ,,l~tamcd IYom ?ur Cmmty Pul)lie ]lcalth Department. .,\I~,'I'ICI,F, 19. F, xtcnt of Liens All persons lo whom these presents may come arc put upon notice of thc Pact that thc interest of thc I.I';SSOR in fl~c l)cmiscd l'rcmiscs sl~all not bc subject to hens for improvements made by Ibc I,ESSEL:, and liens for improvements m~ldc by thc I.IiSSF. F. arc specifically prohibited from attaching Io or becoming a lien on the inlercst el' thc I.ESSOR in the l)cmlscd I'rcmises or any part of either. This notice is given pursuant In the prowsmns of :md in compliance with Section 713.10. Florida Statutes. ..\RTI('I.I(21). l~ffcc~ix'c Date This l.casc shall become cft'cctivc upon cxecutmn hy both I.I{SSOR anti I.ILSSliF.. .,\RTICI.IL 21. (D_gv~:rnmg I.ax~ 'I }ns I.cusc shall hc ?vcrncd and corn, trued m accordance with [he laws of thc Stale tg' l"hmda. IN \\'ITN ESS \VIII{R F.¢)F. tile parties hereto have hereunder set l'ortl~ their hands and seals. ..\S T() TI Iii I.I.:SSOR: i)..\TI~D:~__4 / ~?/ ..VI'I'I{ST: I)\VIGI IT E. IIRO('K. Clerk . l)cputy Clerk Attest as to Chat~'S signature onl~. AS TO I.ESSILE: /":') WITNESS (s~?amre) ~:J~._L ~:, ~ ............ Iprinl n:m~c) ~VITNI{SS (signalurc) ( prml ri;linc) RAYMONI) ('I(AWFOI{I) Approved as to form and Icg:il stmfllciency: l lcidi F. Ashton Assistant ('otmty Attorney Exhibit "A" Page One of Two WiL¥. N, MILLER, BARTON & PEEK, INC. Description of Livingston Road Mitigation being a part of Section 8 and 9, Township 48 South, Range 25' East lying r, orth of the north right-of-way line 43rd Avenue, N.W., Collier County Florida and part of Golden Gate Estates Unit 52, Plat Book ?, page 9.". and Golden Gate Estates Uni~ 53, Plat Book 7, page 93, Collier County, Florida All that part of Section S and 9, Township 48 South, Range 27 East, lying north of the right.of-way llne o£43rd Avenue, N.W, Collier County, Florida and part of Golden Ga:':. Unit 52, Plat Book ?, page 92 and part of Golden Gate Estates Unit 53, Plat Book 7,,....~,z.. Public Records of Collier County, Florida being more particularly described as Follov. s Beginning at the northwest corner of said Section It; thence along the north line ofsaid Section 8 Noah 8603"/. 12" East 5213.54 feet to the corner of said Section 9, thence leaving tile north line of said Section 8 along the north line of said Section 9, 86°34'18'' East 1941.79 feel; thence lca,.'ing said north line ofSectio,~ 9 along the boundao' of those lands as descr:,:':.i ::' t:' :' Book 1709, pages 1378 i,, the three (3) described courses: I) Soulh 00013'57.' West 1332 60 Feet; 2) South 86%2'49" West 645.43 feet; 3) South 00°15'44" \Vest 1673.91 feet to a point on the noah rlght-of-,.,, a.,, lire cf .:3' ' Avenue, N\V of said Golden Gate Eslales Unit 53, Ihence along said right-of-~.ay line South 89°41'46" West 6492.32 feet to the ,.,.es:, : z:-s.t ' Section 8; thence along said line North 00007'59" East 2587.44 feet to the Point oFBeginning ¢.r ~i:,: gar ... herein described; Subject to easements and restrictions oFrecord; Containing 436.69 acres more or lessl Bearings are based on tile west line of Section 8 being North 00°07'59" East. WILSON, MILLER, BARTON, and PEEK, INC. Registered Engineers and Land Surveyors Michael H. Maxwell, P.I~.S.//46.50 Exhibit "A" Page Two of Two ~.t::";~..~ ,.~, ~7~'~. ~ ~ '~'~ '~ "'t .' I, ',1 ' i!l !it !I~ ,~,~: '"'"""'~' ': ,~~' ~i '""' ;'"~ iii" ~ It ~,l " I ~',,~ ~· ~, ;. Ii PROPERTIES RECEIVED October 6, 1998 Michael H. Dowling Real Estate Specialist 3301 E Tamiami Trail Naples, Florida 34112 OCT 0 8 1998 RF_.,AL P~OPF..RTY MGMT. Re: Sealed Bid for a grazing lease of 436 acres in Sections 8~9, Township 48, Range 27, Collier County, Florida. Dear Mr. Dowling: This letter is in response to the Legal Notice advertised in the Naples Daily News. The terms of the Bid are as follows: 1. The term of the lease shall be three (3) years with renewals. 2. The yearly rent shall be $872 paid annually. 3. I shall provide the required insurance policies at my expense. 4. I shall enter into a lease agreement with Collier County which addresses other required terms and conditions. If you have any questions regarding this Bid you may contact me at 941.675.2353 or 941.675.1845. Very lruly yo~urs, Raymond Craw ford 941.675.2353 · FAX.675.6801 P~¥S~CAL ADDRESS' 149 West Highway 80 · MAILING ADDRESS: P.O. BOX 1488 ' LaBelle, FL 33975 Naples Daily News NapLes, FL 33940 Affidavit of Publication Naples Daily News ......... BOARD OF COUNTY COHHiSSIONERS ATTH: tlAtlC¥ SALOGUB PO BOX Cq3015 ttAPLES FL 3410~-3016 ~E~ERENCE: 001230 #759711 57"7,5589~3 LEGAL NOTICE PROPERT ~tete of Florida County of Collier Defore the unde"signe~J authority/ personally ~ppeared B. Lamb, who on oath says that she serves ~s the Assislant Corporate Secretary of the haples ~iLy Ne~s, a daily newspaper p,JbLishcd at Naples, ~ Collier County, Florida: that the attached scpy of advert,s~ng uas published in said ,~e~sgaper o~ cotes Listed. Affiant ~urLher says that the said Naples Daily !le~s is B r.e~spaper published at ~taples, ~n said Collier County, FLorida, and that the said ~e~speper has heretofore been continuously published in said Collier County, Florida, each 3ay and has been entered as second class mail -attar at the post office in llaples, in said .~lLier County, FLorida, for a period of 1 year '~ext preceding the first publication of the /trothed copy of advertisement; and affiant "~Jrther says that she has neither paid nor ~.~-omised any person, firm or coporat~on any ~scount, r~bate, commission or refund for the purpose cf securing this advertisement for publication ~n the said newspaper. ~uBLLSHED 0~: 09/25 10/02 0117 REQU FOR sL0' 0117 REQUEST FOR BID. I ·. ,. " LEGAL NOTICE . ' ' 'PROPERTY FOR LEASE · t; .'~. iNVITATION FOR SEALED BIDS TI E IS HERBY GIVEN THAT THE BOARD OF ~6'I~-LEAS~NO A~PROX MATELY 4~ ACRES 1~7 SECTION ~ and ~, TO~NSHIP 48 SOgTH, RANGE EAST, COLLIER COUtITY, FLORIDA. FOR ~T~LE GRAZING The ter~ Of the L~&e ~hoH be for one (3} year nnuol r~newols ~ovlded t~e 1chant I~ not In w~ o ' , - -~,., .... f the Lease Use of v I ~-~er overnmento~ codes Co let Coun~ short hove otb, g~ ..... [-m~e upon thl~ (30 ~[Hen n~lce, The aworded bidder ("Tenant) sholl upon occeptance pi the Did In order tO oddreSS other and conditions re~ulre~ by CollJer CounW. ' Consumer Prlc~ ]n~, [~5.~,55 ~n~ eno oil HabHl~ In- ~ suronce DSSOC~e~.~V'L~r~-b. fhe~mnont The Ten- dvetfflslng ~Is ~ce. wlth~ t anal Intuition mo~ be.~alned by con- n Mlchoe Oowllng~(~41)774'~ ' I°~P~EASE FORWARD SEALED BIOS TO: (Indicia: Michael ~o g Real Pr~e~ Mo~gement Debarment Admlnls~lon Building 3~01 East To.leal Troll Nople~, Florida 34112 I WILL NOT B~ ACCEPTED ~FTER THE NOON J ~.~.~ ~., ~m~R 9 19q8 THE BOARd OF COUN- 1 /~ uv'"""~;~;'--Z,~-~R N~GOTIATE WITH S~gt~mb~r 25, Od~r 2 AD SPACE: 100.00(] INCH FILED OH: 10/02/98 S~gnature of Affiant Sworn to and Subscribed b~o;e me this~.___-r'~;? day ofE~~ 19~ Jc~n C Noms District 1 James D. Carter. Ph.D. Dis~ct 2 Timothy J. Cons~ntine District 3 Pamela S. Mac'Kie Distnct 4 Barbara B. Berry District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774.8097 · Fax (941) 774-3602 December 8, 1998 Mr. James B. }tan'ell Florida Department of Agriculture & Consumer Services Division of Forestry 3125 Conner Blvd. C-25 Tallahassee. FL 32399-1650 S[JBJECT: Urban and Community Forestry Grant No. 95-69 Dear Mr. ttarrcll: On December 8, 1998, the Collier County Board of County Commissioners approved a staff [~x:ommendation to transfer our interest in the above-referenced grant to the City of Marco Istand. Please accept this letter as notification that any and all grant funds that were applied by the Marco Island Beautification MSTU, under the auspices of thc Board of County Commissioners, are now payable to thc City of Marco Island. Sitx:erely, Barbara B. Berry, Chairman Collier County Board of County Commissioners Btl/sc/t.tr m~zco gramdoc Ed llschncr, Public Works Administrator Edward .[. Kant, P.E., Transportation Services Director RESOLUTION NO. 98- 483 RESOLUTION NO. CWS -98-~__ A RF, SOLUTION CORRECTING. MODIFYING AND SUI~ERSEDING RI!SOI,UI'ION NO, 97-297 (ALSO ENTITI.ED RESOI,UTION NO. CWS NO. 97-4) BY CORRECTING SECTION T~VO 'FIII~REOF TO AFFIRM TllAT TIlE REVENUES PI, EDGED BY TIlE COtlNTY'S WATER-SEWER DISTR1CT AS SECURITY FOR T]tE IX)AN AGREEMENT ARE NOT LIMITED TO TIlE SEWER SYSTEM USER FEES FROM 'FILE ('OLI.IER COUNTY WATER-SEWER DISTRICT. BUT COMPRISE WATER AND SEWER SYSTEM NET REVI~NUI~fi. Iq,US SYSTEM DEVELOPMENT FEES AND SPECIAl, ASSESSMENTS FROM TIlE WATER SYSTEM AND TIIE SEWI~R SYSTEM; At,SO MODIFYING SECT1ON I:O~IR TltEREOF TO AU'FI IORIZE TI IE DIVISION ADMINISTRATOR OF TI IE COUNTY'S PUBLIC WORKS DIVISION TO EXECUTE NOT ONI,Y TIlE INITIAl, AGREEMENT, BUT At,SO AMEN[.)MENTS TO TIIAT AGREEMENT; REPEAI,ING AND SUPERSEDING RESO[.LITION NO. 97-297 (Al,SO EN'FITLED RESOLUTION NO. CWS 97-4), WI IEREAS. l:lorida ,~?antlc.v provide tbr loans Io local government agencies lo finance thc consm~ction of water pollution control facilities, and WI IEREAS. thc l:lorida Administrative Code requires authorization to apply lbr loans, to establish plcdgcd revenues, to designate an authorized rcprcscnlalivc, and to provide linc asst~ranccs oFconlpliancc with loan program requirements; and ~VI IEREAS. thc Board of County Commissioners of Collier County. [:lorida. as Ex- Ol'l~cio thc Governing Board ol' thc Collier County Water-Sewer l)islricl, will enter imo a binding Slate Rcvolving Fund [.oan Agrccmcnt ("Loan Agreement") with thc Florida I)cpartmcnl oF Environmental Protection IBF projccl filnding; and WI IEREAS. effective July 22. 1997. Io cft~ctualc the subject Loan Agreement. thc Board of ('ounty ('onlmissioncrs adopted Resolution No. 97-297 (also cmillcd I{csolutiol~ No. 97-4). ;llld: WI IEREAS. said fom~cr Resolution authorized application R~r a slate revolving loan. provided assurances, e?'ablishcd pledged revenues limited to thc Watcr-Scxvcr I)istricl's sewer svstcln user I~cs. (lcsiglmlCd an aulhorizcd representative, authorized ~l~c l.oan Agreement. ami cslablishcd aulhority 1o umlcrlakc thc I'rojcct; and WI II~REAS. Florithg Sltttutcs provide For loans to local govcrnmcnl agencies to fimmcc Ibc cm~slruction oFwatcr pollution control Ihcilitics. and WI IEREAS. thc Florida Administrative Code requires authorization Io al*ply tBr loans, to establish pledged revenues, to designate an authorized representative, and to provide thc assurances of compliance with loan program rcquircmcms; and WI IEREAS. tl~c Board oF County Commissioners hereby amends Section 2 oF thc lbrmcr Rcs,)hltiOn to acknowledge that thc Collier Counly Water-Sewer District. as sccurily For I}~c l.oan Agrccmcn!. pledges not only thc District's sewer syslcm USer tkcs. but all ncl rcvclmCS of thc water and sewer systems, plus system dcvcIopnlcill fccs and special assessments from bolh water system and lilt sewer system; and \VI IEREAS, the prior Resolution authorized thc DMsion Administrator of tile County's Public Works Division to execute the Loan Agreement. but not to execute amendments thereto: alld WtlEREAS, the Board of Counly Commissioners hereby amends Seclion 4 of the tbnner Resolution to authorize tlm DMsion Administrator of Ibc County's Public Works Division. on thc County's behalf, to execute the Agreement ns well as future amendments thereto: and WttEREAS, this Resolution. with the specilied amendments, repeals ami supersedes former Resolution. NOW, THEREFORE. BE 1T RESOLVED BY TItE BOARD OF COUNTY COMMISSIONERS OF COLI.1ER COUNTY, FLORIDA, AS EX-OFFICIO Till] GOVERNING BOARD OF TIIE COLLIER COUNTY WATER-SEWER DISTRICT, Ibm: Section 1. The Board of County Commissioners of Collier County, Florida. as Ex- Officio thc Governing Board ol'lhe Collier County Water-Sewer Dislrict, has :~pplicd Ibr a loan to fimmcc thc subject Project. Section 2. Thc revenues pledged for thc repayment of thc loan consist of alt net revenues, system development fees, and special assessments [~OI11 Ibc SeWer system and lhc water system of thc Collier County Water-Sewer District. Section 3. Thc Collier County Public Works Division Administrator is Ibc ('otlllly's authorized rcprcscnlalivc lo provide Ibc assurances and comntitmcnts required by thc loan application and thc Loan Agreement. Section 4. After approval by the County Attomcy with regard to thc initial Agreement and cacb respective amendment(s) thereto, thc Collier County Public Works Division Administrator is authorized to execute thc inilial Agreement as well as fi~turc amendments thereto, which Agreement, as may bc amended from time-lo-lime, shall be binding obligations on Ibc Dislrict in accordance with ils terms. Sector. Thc legal authority For Im~owing monies to conslruct thc wastcwatcr syslcm expansion Project is in accordance with Iht recommendations ol'tlm Coullly's 201 Facililics Plan Update, dated June, i997, and pursuant to provisions of Chapter 88-499. Laws of Florida, and Scclion 403.1835, [:[orith~ Scclion 6. This Resolution repeals and supcrccdcs Collier County Rcsolulion 97-297 (also emitted Resolution No. CWS 97-4). TillS RESOLUTION ADOPTEDTItlS~dayoF~~ . 1998, after minion second and majority vote. ATTEST: DWIGItT E. BROCK. Clerk Deputy Clerk $~gn~ture onlJ. Approved as to £om~ and legal sufficiency: Thomas C. Pahner, Assist:mt County Attorney BOARD OF COUNTY COMMISSIONER COLLIER COUNTY. FLORIDA. AS EX-OFFICIO THE GOVERNING, BOARD OF THE COLLIER COUNTY WATER & SEWER DISTRICT SERVIC, E AGIIEEMENT BE~ISVEEN THE GOLI)EN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE BOAIII) OF C()I~I,IEII COUNTY COMMISSIONI£IIS COLLIEII COUNTY, FI,OIIIDA _ lll.q SI5II\ IC .'\GIIIuI.MIuN I (Agreement) made this ~;¢"'/:;~ day of ~/~-a.~,.t2~-,- 1998, by and between the I~()..\RI) ()F COUNTY COMSIISSIONI,2IIS OF COLLIER COUNTY, FI,OIIlI)A, (hereinafter referred to ;ts COUNTY), and the GOLDEN GATI,] I"IRE CONTI~.O1, AND RESCUE I)ISTR1CT. WITN ESS ETIt WHEI~.ICAS, pursuant ~o Collier County ()rdinance 8-1- 8-1, ;ts amended, the Board of County Commissioners cl'c;llc¢l the (!oilier County Fire (~ontroi Muni¢'il}al Service Taxing' Unit, ( hereinafi(,r referred to as the "Collier County I"ire Control District "); and WHEIII';:\S, the (:oilier County I:ire Control I)istrict, ;ts created by Collier County Ordinance No. 84 - 84, as amended, includes all of th~ unincorlmrated area of ('oilier County, Florida, that is not included within a dependent or independent fire control district: and '¢,'t115 II !.;AS, the (;OI,I)I.;N (;:VI'E l'qRl'; CONTII()i, :\NI) IIESCUI,; I)ISTIIICT has the necessary equipment and l)ersonncl,;ts described in fire {lepartment response procedures Exhibit ":\" attached hereto and incorporated herein, to i)rovide fire control and tire prevention and rescue services to sub-areas of' the Collier County Fire Control I)istrict; and Wttlt;lilC:\S, certain portions of the Collier County l"ire (',onlrol I)istrict desc,'ibed above requires fire and rescue pro~eclion services: and WItI';I{I';:\S. tl~e parties desire to enter into this ..kg'rccment under the authority of' the Florida Intergovernmental ('ooperation Act 1969 (as amended), heine' ('hal)ret 163.01, et ~, .... cq., for the i)tlrl)OSe most efficiently providing' tire service and rescue service to those geographic areas and parts of the Collier County l"ire Control I)istrict which are the subject of this agreement: NOW, T tt I'; Il l,] FO II F;, in consideration of the premises and covenants .,;et out herein, and other valuable considerations in hand received this date, each p;trty fl'})m the other, which is hereby acknowledged, the parties hereto agree :ts follows: The ter,n of this Agreement shall be effective f'rom October l, 1998 to September 30, 1999. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same formalities as this Agreement by both parties. '2 The GOI. I)LN GATEIrlRE CONTROl. AND RESCUE I)ISq'I~,ICT agrees to furnish fire protection and rescue services, to portion of the Collier County Irirc Control District. The fire 2 .,:~" department responses as described in l~xhihit shall deemed to establish the closest station response to calls service in the Collier County Fire Control l)istrict. The GOLDEN GATE FIRE CONTROL AND RI,;SCUE I)ISTIIICT shall furnish said fir[ protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well as in other zones of the Collier County Fire Control District, as required by procedure. upon the request of the County or of other (~ollier ('ounty Fire Control l)istrict contract providers. The Fire Chief of the GOLI)EN GATE FIRE CON'I'ROI., AND IIESCUE I)ISrI'IIICT shall, in conjunction with the Chief of the County l)epartment of Emergency Services and the other agency Fire Chief~ servicing the Collier County Fire Control l)istrict, forward to the County a map, indicating and confirming' each agency's primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services furnished within the regular (;OLI)EN GAIE FIRE CONTROL AND RESCUE I)ISTRICI, taking into consideration the time, distance and resource limitations of theG()LDEN GATE FIRE CONTROL AND RESCUEI)ISTRICT. 3. The COUNTY agrees to pay the GOLI)It;N (iATE FII~.E CONTROL AND RESCUE DISTRICT for services rendered to a I)ortion of the Collier County Fire Control I)istrict l)Ursuant to the requirements of i)aragraI)h two above, from taxes collected during Fiscal Year 1998-1999. Payment shall be calculated from the latest tax assessment rolls available May 1" of each year of this Agreement. Available tax revenue is the total amount of taxes available for fire and rescue protection scrviccs after costs of' collection have been deducled, l'ayment is to bt: paid on a quarterly basis on ,lanttar3' I; ..\pril l; ,July l: and September 1. Revenue and payment will be based on the following formuhu Total ad valorem revenue fiJr the Collier County Fire Control District less collection fees and administrative costs, less the lmyment required to fkand contractual fire service fbr Goodland and ttorr's Island, less negotiated payment of 12.01'~;, to the Isles of Capri Municipal Rescue and Fire Services Taxing District. The East Naples Fire Control and Rescue District, the Ochopec Vire Control l)istrict and tile Golden Gate Fire (~ontrol and Rescue I)istrict shall each receive 29.33"i, o1' thc remainin~ balance. Payments to the (1OI, I) ' ' · (' I'~N GATI'~ Fire onir.l and llescuc l)ist, rict shall be made quarterly by I.he ('()UNTY on the following dates; ,January 1, April 1, ,July l, and September -1. Both parties to this Agreement hereby agree to cooperitte and participate in mutual programs and projects in the interest of fire and rescue protection within the County of Collier, and with the Fire Marshall of the State of Florida. 5. At any time during~this Agreement, in the event of' non- performance of the obligations arising under this agreement by either party, the other shall provide written notice of the specific grounds of such a claim to the chief administrator of the non-performing party. The party receiving such a notice shall then have (15) days in which to respond to and remedy the claimed non-performance. In the event that the non- perfl~rmance is not remedied within the fifteen (15) day period, the party claiming the non i~erformance shall have the right to terminate the agreement. 6. Ali Service Agreements, and amendments thereto, between the County and the G()I,DI':N GA'I't'; FlI{l,: C()NTII()I, AND IIES('.UE I)ISTIIICT relating to the area previously termed the Collier County l"ire Control District are hereby rescinded and superseded. EXHIBIT "A" FIRE DEPARTMENT RESPONSES TYPE OF SITUATION FIRST DUE PRIMARY DIST, SECOND DUE SHARED DIST. 1 UNKNOWN SUBSTANCE EMERGENCY 1 PUMPER 1 RESCUE 1 COMMANDER 1 PI.;MPER 1 COMMANDER HIGH HAZARD BRUSH FIRE SEASON FORESTRY 2 BRUSH UNITS OR I PUMPER AND 1 BRUSH UNIT 1 COMMANDER 1 BRUSH UNIT I COMMANDER OUT OF SEASON ~ FORESTY BRUSH UNITS OR PUMPER AND 1 BRUSH UNIT COMMANDER NO RESPONSE VEHICLE ACCIDENT 1 RESCUE UNIT NO RESPONSE WITH WATER RESCUE CALL 1 RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE ~ PUMPER NO RESPONSE (CAR, PICK-UP) LARGE VEHICLE FIRE (TRUCK, RV, SEMI OR UNKNOWN TYPE) 2 PUMPERS 1 COMMANDER 1 PUMPER I COMMANDER REGULAR HOUSE OR TRAILER FIRE (SO. OF SR 84) 2 PUMPERS 1 COMMANDER 1 TANKER 1 COMMANDER AS ABOVE, BUT NO. OF SR 84 BRUSH 1 TANKER PUMPER 1 COMMANDER COMMANDER COMMERCIAL OR LARGE RESIDENTIAL PUMPERS COMMANDER TANKERS COMMANDER BRUSH UNITS MAY BE SUBSTITUTED FOR TANKERS (~ ALL STRUCTUFLAL FIRE CALLS. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. In WITNESS WHEREOF, thejmrties hereto do hereby affix their hands and seals on this ....2'~., clay of ~~,-~../ 1998. A~I'FEST: D~VIGHT E. BROCK, CLERK Att, e,ot ~ to Chairm~n's (~ Gene Smith, Secretary BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barrmra B. Berry, GOLDEN GAl L I"IRE CONTROL AND RESCUF, DISTRICT Tom Henning, Approved as to form and legal sufficiency: Robert Z'~'h a ry Assistant County Attorney APPRAISAL SERVICES AGREEMENT (COUNTY-OWNED LOTS IN GOLDEN GATE ESTATES) THIS APPRAISAL SERVICES AGREEMENT, entered into on the ~¢?--~L, day of ~, 1998, is by and between COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida (hereinafter referred to as "County"), and THE APPRAISAL SHOPPE, INC., a Florida corporation (hereinafter referred to as "Appraiser"). WITNESSETH: In consideration of the mutual promises contained herein, County and Appraiser hereby agree as follows: TERM - This Agreement shall be in effect from December 11, 1998 through December 10, 2000. County retains the right to renew this Agreement, with the consent of Appraiser, under the same terms and conditions, for three (3) additional one year terms. Appraiser shall maintain the MAI or SRA designation in good standing during the term of this Agreement. SERVICES - Appraiser shall provide to County written appraisal report(s) which conform to the Uniform Standards of Professional Appraisal Practice (USPAP) governing the communication of a complete appraisal in a summary report format, upon receipt of an appropriately authorized Notice to Proceed from County. Such authorized Notices to Proceed shall only be issued under the letterhead of the Collier County Real Property Management Department, and only under the signature of either the Department Director or the Department's Right-of-Way Design and Valuation Coordinator (hereinafter singularly or collectively referred to as "Contract Manager"). FORMAT AND SPECIFICATIONS - The format of the written appraisal report(s) is up to the discretion of Appraiser. Both Form and Narrative reports are acceptable formats. Appraiser shall conduct a personal inspection of the subject property and the reported comparable sale properties, Each appraisal report shall contain a color photograph of the subject property. Each appraisal report shall also contain a Sales Location Map which identifies the location of each comparable sale property in relation to the subject property and in relation to the local roadway network. Comparable sale properties relied upon by Appraiser shall be described for the reader. DUE DATES - Appraiser shall deliver written appraisal reports to County within ten (10) calendar days of receipt of Notice to Proceed with appraisal assignment. In the event that two or more appraisals are ordered at the same time, Appraiser shall have ten (10) calendar days for the completion and delivery of each report. Facsimile transmission and confirmation of receipt thereof shall constitute receipt of Notice to Proceed. INVOICING AND FEES - The fee payable to Appraiser for the completion and delivery of an appraisal report concerning a "buildable" Golden Gate Estates tract (or portion thereof) shall be $150. The fee payable to Appraiser for the completion and delivery of each additional appraisal report concerning a "buildable" Golden Gate Estates tract (or podion thereof), which is based upon the same comparable sale proper-lies as the initial appraisal report, shall be $150. The fee payable to Appraiser for the completion and delivery of an appraisal report concerning a "NON-buildable" Golden Gate Estates tract (or podion thereof) shall be $165, Fees are payable following review and approval of appraisal report by County, and upon receipt of appropriate modifications deemed necessary by the Contract Manager. Appraiser's invoice must identify the property appraised and the fee payable. COMPLETION / CORRECTION - If a substantially completed written appraisal report (original) is delivered to County by the due date, or by a date mutually agreed upon, but which report fails to comply with USPAP, or which report contains inaccurate data or which omits either bid specification or contractual requirements front within either the body or the addenda, Appraiser shall, within seven (7) calendar days from the date of notification by County, furnish such corrected and/or additional pages which will bring the appraisal repod into compliance with USPAP and/or into compliance with bid Appraisal Agreement I '-., 0 3 Page 2 o o 10. 11. 12. specifications and this Agreement. No penalty for late performance will be charged against the Appraiser within said 7 day period. Nor shall Appraiser charge County any additional fees for bringing written appraisal repeals into compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. LATE PENALTIES / EXTENSIONS FOR CAUSE - Time is of the essence. The following schedule shall govern the assessment of penalties for late performance: (a) In the event that the written appraisal report is not completed and submitted to County in accordance with the due date as set fodh in Section 4 of this Agreement; then County, at its discretion, may reduce the fee payable to Appraiser, as set forth in Section 5 of this Agreement, by ten percent (10%) for each week, or portion thereof, that the written appraisal report is past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the written appraisal report to be delayed beyond the due date as set forth in Section 4 of this Agreement, and prior to said due date there is a mutual understanding between the padies to this Agreement that such delays were beyond the control of Appraiser, County may issue an extension of the due date without penalty. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. CONTRACT ADMINISTRATION - The Contract Manager shall be responsible for ensuring performance under the terms and conditions of this Agreement. CERTIFICATE OF APPRAISAL - The Certificate of Appraisal shall be signed by Lawrence G. LaCroix, SRA. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, may sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal repeal(s). CONFIDENTIALITY - Appraiser shall not divulge the contents of written appraisal reports made for County without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of two (2) years from the date of valuation of the latest appraisal of any such property. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT - By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser fudher warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer, agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate immediately this Agreement without financial obligation, or to pursue any other available remedies. WORKERS' COMPENSATION INSURANCE - Appraiser shall provide coverage for all of its employees as required by the State of Florida Workers' Compensation Law. Said coverage shall be for statutory limits in compliance with applicable state and federal laws. The policy shall include employer's liability with a minimum limit of $100,000 each Appraisal Agreement Page 4 22. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: As to County: Real Properly Management Department Eighth Floor, Administration Bldg. 3301 Tamiami Trail East Naples, Florida 34112 As to Appraiser: The Appraisal Shoppe, Inc. Moorings Professional Building 2335 Tamiami Trail Nodh, Suite 201 Naples, Florida 34103 IN WITNESS WHEREOF, the padies have hereunto affixed their signatures by their duly authorized representatives. AS TO COUNTY: ATTEST: DWIGHT E. BROCK By: .~---~/_~ ~ Deputy Clerk Attest as to Chatrm~n'$ $~gnature only. AS TO APPRAISER: Witness One.(signature)/~ Wi?~s One (print fu~ name) Witgess lwo (s~nature) Witness Tw~ (print full name) COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida Barb-"a~' ~ B-er~, Cha~nan ~~Y ~./' '¢Y THE APPRAISAL SHOPPE, INC., a Florida corpo/~atio~ ,")' ;../JLawrenco G, L. aCroix, ~,e.,Cident~ Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONF. RS MISCELI.ANEOLIS C O I~.f,', ES t' ON I) I':N C t'i I)F. CI'iNII?,IiI~. 8. 1998 F()R I?,OARD ACTION: 1. MISCEI.I.ANI:.OUS ITEMS TO FII.E FOR RIiC()RI) WITtt ACTI()N AS I)IRI'X'TI':I) Clerk of ('ourts: Submitted R~r public record, pursuant to Florida Statutes. Chapter 136.06(I). the disbursements lbr the Board of County Commissioners for the periled: A. November 16- 20, 1998 Minutes: A. Lely Golf Estates Beautitication Advisory Committee minutes ofSeptcmbcr 11. 1998 meeting and agenda of October 9. 1998 l~athway Advisory Committee minutes of October 16, 1998 and agenda o{' November 20, 1998 l)lanning Commission minutes of October 15, 1998 and agenda of Novcn~bcr I% 1998 AGENDA/~ 7/.- DEC 08 1998 memorandtm Date: I 1/23/1998 To; From: Suc Filson Administrative Assistant, BCC Robot! W. I?,yrne, CMA ~ General Operations Manager, Clerk's Finance l')cpanment RE: l?,oard of County Commissioners l)isbursemcnts Please find enclosed the disbursements for thc Board of County ('ommissioncrs fi~r thc pcrl~M November 16 through November 20, 1998. In accordance with Florida Statutes, Chapter 136.06(I), we woukt request tha! these reports included as miscellaneous correspondence to the Board of County Commissioners and made part Ibc record. If you have any questions regarding this matter, please telephone mc at 774-8481. Thank your cooperation. Attachments BCC VENDOR MANUAL WARRANT LOG DAIF NAME 11/16/98 Fla Assoc of Counties 11/16/98 Fla Assoc of Counties 11/18/98 Linda Ruiz 11/19/98 Telimagine, Inc 11/19/98 Randy Merrill 11/20/98 Bass & Bass Flea Market 11/20/98 Fla Dept of Revenut AMO_U. NI 165.00 165.00 240.00 226.00 1,000.00 70°00 4,247.54 C~ECE~ 471628 471629 471630 47212O 472121 472122 472123 D. E, Wallace J. Carter HMS Rose Show Lease Fees Attorney Fees Four Sinks Oct Sales Tax BCC PAYROLL MANUAL WARRANT LOG DAZE 1 !/17/98 Tammy Smith 11/17/98 Carmen Ruiz AMOUNT 113.14 · 441.94 196124 196125 Regular Time Regular Time NOV 6 ]998 SUMMARY OF MOTIONS AND RECOMMENDATIONS: Meeting called to order at 4:10 p.m, As there was no quorum present, minutes were taken for informational purposes only. Berr~ ~ Item!~ Copies Agenda - October 9, 1998 Meeting called to order Roll Call o 4. 5. 6. 7. o 9. 10. Approval of Minutes - Meeting of September 11, 1998 Landscape Maintenance Report - Advanced Lawn & Landscape Landscape Architect's Report - Mike McGee Transportation Administration Services Report Committee Members' Reports: George Pearson Bob Cole Bob Weyers A1 LePain Old Business New Business Adjournment Meeting called to order at 4:10 p.m. As there was no quorum present, minutes were taken for informational purposes only. Location - Facilities Management, Conference Room 111. Attendance Taken: Present - Al LePain and George Pearson, members: Russ Muller and Sheila Convoy, Transportation Landscape Services; Mike McGee, McGee & Associates; Joseph and Michael Luneke, owners, Advanced Lawn and Landscaping; Jacqueline Silano, secretary. Excused Absence: Robert Cole, member. Unexcused absence: Robert Weyers, member. Minutes of July 10, 1998 - As there was no quorum present, approval of the minutes was postponed. LANDSCAPE MAINTENANCE REPORT A. Joseph Luneke reported dry conditions on St. Andrews Boulevard near Pebble Beach, which he felt was due to the irrigation system. He advised that the irrigation breaks on Pebble Beach have been repaired. B. The dry conditions cause chinch bugs and Top Notch has been called several times. C. They advised that their employee, Amador, is now supervising the job and they feel he will do a good job. D. The sod on Forest Hills will have to be replaced again due to the chinch bugs and dry conditions; the new junipers have also died off. E. Mulch is needed and Mike McGee recommended mulching as soon as possible if the funds are available. F. A decision on the replacement plant material was postponed until next month. The Queen Palm at Doral should be cut down and not replaced. G. George requested that the dead Carpentaria palm fronds that can be reached easily should be pulled down and removed WEEKLY. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee advised that three bulbs and one :ight fixtu're at Doral need to be replaced. Russ will contact E.B. Simmonds. B. Torpedo grass in the bench area at Doral needs .to be removed and the variegated pitossporum should be replaced with thriallis. C. Mike said that someone turned off the irrigation valve in median 11. He requested the maintenance contractor to have the .valve boxes open and inspected WEEKLY. They should be cleaned out as necessary. D. Mike advised that it appears that the carpentaria palm at the north end of median 16 is dying. He also noted that there are fire ants at the base of the carpentaria palm in medians 15 and fungus in the carpentaria and holly trees in medians 14, 1 5 and 16 and 4, 5 and 6. The fungus should be sprayed with neutral copper and. The lilies should also be treated with fungicide and a lit-tie fertilizer. In median 13 on Valley Stream Circle the valve box is full of dirt and the box should be raised or eliminated if not on the irrigation system. E. The sign at Doral needs to be refurbished or painted. F. Mike requested that the lantana at the Doral and U.S. 41 entrances ~ ~,e cut down by 50%. 7 TRANSPORTATION SERVICES REPORT A. Russ Muller distributed copies of the September Budget Status. There was some discussion regarding the pump. Russ received quotes of $4000 from Collier Irrigation and $3600 from Stahlman Irrigation. No quote from Aquamatic was received. Al LePain suggested that an in-line agricultural filter be ir, stalled. Mike McGee agreed. Russ is still waiting to hear form Collier Electric; George Pearson will contact John Pratt at the wastewater plant in the interim. As there was no further business to discuss, the meeting was adjourned at 4:55 p.m. The next meeting has been scheduled for October 9, 1998 at 4:00 p.m. in the Facilities Management Conference Room 111. Agenda PA'FIIWAY AI)VtSORY COMMITTEE to tire ;\taples - Collier :IIetropolitan Planning Organization November 20, 1998 8:00 a.m. Collier County l)evelopment Services (.'enter Conference Room E 2800 North llorseshoe l)rive Naples, FL 34104 Notice: .'lny perxon wivhing to .~peak on any scheduled agenda item mttst regt~ter prior to .~'pea~inl~,. [ 'nle.~,s' prior fl ermi.~'.vion iv .~'ecured, comntettt.¥ sh ottld be limited to J'~l'e minttles. Any per.win desiring to have an item placed on the agenda shall make u requext itt writinl4 with a de.vcription and .~'umn~ary of the #em to the MPO Bio.cie and Pedestrian Uoordinator at least 14 dal'.v prior to the date of the hart scheduled meeting of th e P..! £: · Any perxon decidin.g to appeal a deci~'ian of the Conmdttee will need a record of the praceedings pertaining thereto, und therefore may treed to en.,'ttre that a verbatim record of the proceeding.v i.v mude. which r:'cord inchtde.~' the te.vtitnony attd evidence ttpan which the appeal L~' to be basetL 1. ,,\DDI:NDA TO TItE AGENDA 2. APPROVAL OF MINUTES 3..'\NNOUNCEMEN'FS 4. OLD IIUSINI.~SS 5. NE\V' ttUSINESS A. B. C. CORRIiSPONI)t-~NCE LITERATURE Consideration ot'a Metropolitan Bicycle Route System [Jpdate on l'rogram Tracking Documents Rcl~rcndmn on PAC Membership Commitment i,:isc. Corres: Date: Item// 2-7 Copfes To: ~. I!N(~INEI£RIX¢~ I3TI£RA'I'URE '). :\I).~()URN ?,IINUTES PA'I'IIW:\y ADVISORV COM.M ITTEE to the NAPLES- COI.I.~EI~ MI)(') I):\TI.:: Friday ()ctobcr 16. 1998 TI.\IE: 8:00a.m. ConFerence Room E l)cvelopment Sen'ices Bldg. 2800 N ltorseshoc Drive Naples. Florida 34104 PAC MEMBERS Chcr Compton ABS ..\rnold DeHart X George Dondanville X William Dunnuck ABS Christopher Hagan X Anita L. Jenkins ABS Theodore P.l.itwin X MPO STAFF Jercmy D. Battis Gavin Jones John Bussiere County Personnel Art 1)obbcrstein (2) Russ Muller FI)f)T llOllC CALIA,;I) T() ()I,H)ER: 8:05 a.m. I'RI:SIDING: Chris I lagan, Chairman 1. AI)I)ENI)A'FO THE AGENDA IIOI1~ City Personnel nonc Members of the Public Dennis Slabaugh. cast Naples 2. AI'I'R()V..\[, ()F ~IINIWE.',; .X limitcs approved unanimously. 3. ANN()L'NC['~*I ENTS ['ristan Stewart. a recent addition to tile PAC. has accepted a promotion which has translDrrcd him out of state. Two changes in NIP() staff have come about. John Bussiere a geography graduate from IJ .\'lar3.'land. t~altimore County. has .joined the M?O as a planner II. Jolln ,.,,'ill be conducting (.;co~.raphic Information E.,.'stcms (GIS) and mapping activities for tile MI'(). Gavin Jones has been named Acting NIPO Coordinator in the wake of NIP(.) Coordinat,)r Ken t leatherington's departure. Ken resiuned to pursue business management with an enterprise headed by a close friend. Bike/Ped ~oordinator Jeremy Battis noted that the Bike/fed l~rograrn has been able to advance to the state tll,~t it is at today largely through Kcn's support and advocacy. ' l?,attis had tx,,'() announcements related to FDOT activities. The first item concerned a letter lo the FD()T outlining the Dcpartnlcnt's lack of attention to the mobility of cyclists and pedestrians during tile construction of US 41 [2. The letter also explained that'tbe s~gnlent of construction betwccr~ Airport and Rattlesnake l Iammock roads is particularly problenlatic, owing tt) tile fact that tile existing bike patll, probably the most critical in the Count,,'. :vas vacated with r~o alternate route provided. Battis asked the PAC to consider signing' on to tile letter. Thc IL,\C voted 4-0 to authorize PAC Chairman Chris ltagan to sign the letter (enclosed as correspondence). Battis continued that despite all the attention to US 41 that resulted from Ibc community learnintz of plans to offer a sidewalk on one side of the street in Naples. the FDOT bad not taken'steps to ensure that a similar situation xvould not arise in north Naples. Specifically. tile Bike/Pod Coordinator explained that he had learned that there are no plans to construct an castsidc sidewalk along US 41 from Vanderbilt Beach Rd to Immokalce Rd. Apparently this is no secret to many in thc community. Battis had presumed there would be sidewalks on [~¢)th since :t another segment to the north in a less populated area ending at tile I.ee County lille will }lave sidewalks on both sides. ' ,,\s planned the segment will have an urban section to the west with a sidewalk and a rural section tile east. Battis continued that tile purpose of assembling and distributing documents like the [~rogram Priorities and \Vork Program is to educate the public and transportation partners such as FD()T to the Program's expectations. \Vhen those on the distribution list don't check lkxcts and communicate errors, tile Program Coordinator is not able to provide the public with accurate imlformation. l'crhaps less well known. Battis noted, is the absence et'plans for a sidcxxalk along t:% 41 Xlyrtle Rd to Vandcrbih Beach Rd. Thc FI)eT reasons that one is not needed along thc cast side. as '['rail Blvd, a lkontage road, can accommodate pedestrians. The absence of plans lbr a sidewalk along the west side is curious considering that the NIPe had a pathway just to thc south ( I.aurel t)ak to Gull' Park l)r)in their 1997 adopted unlkmded priorities list. 4. OLD Bt~SINESS llOlle To facilitate tile speed ,f proceedings, tile chairman requested that Item 5.11. be discussed Il rs t. 5. NEW BUSINICSS B. Scrapping tile 1, DC llequiremcnt for Sidewalks on Both Sides of All Streets~an Item for Consideration by the Collier Counp,' Planning Commission Die large number et'waivers being granted to developers to disregard tile Land Development Code requirement tbr sidexvalks on both sides of all streets prompted tile Planning Commission to ask why the ordinance is not changed to save time and resources. The Planning Manager has asked the Bike/Ped Coordinator to make a presentation explaining the reasoning behind the sidewalk requirement. Battis said tie hopes to convince the CCPC of the benefit of keeping tile requirement and stepping up its enforcement, lie asked if'the PAC would like to endorse something similar. George I)ondanville made a motion to that effect. The PAC passed the motion 4-0. Chairman Hagan recommended that the Program Coordinator ask for a meeting with the CCPC Chair to go over tile subject prior to making the presentation. A. \Valk Our Children to School Dnv~Event Recnp Dondanville began bv explaining that Lake Park Elementary in Naples opted not to .joir~ in tile Festivities, so he made Naples Park llis destination the day of the event. From his observations, the event served to get parents involved in a practice tile students ordinarily do themselves. Battis recounted the contest winners and their schools and plans to televise the awards on the schools' 'I'V systems. Two hundred T-shirts were distributed to kids at six schools in Collier County. Based on the registrations and the additional essay contest entries, an estimated 250 children took part. [>,uss Muller explained that Avalon Elementary's principal latched on to thc event and came up with a theme tbr each day ofthe xveek. Muller counted 220 kids walking home at dismissal a week before the event. The school fumistled a sign in sheet which would indicated how nlanv participated. Avalon hopes to mimic Golden Gate Elemcntary's pedcstrianization efforts sparked by participation in Safe Ways to School pilot project. Ik, tis said he thou-hl the el'fort ,,vas a success bt, t could be made even better by ~ettin,.2, ~.tarled earlier and enlisting more support I'ronl thc I':\C and a local pcrsolmlity ,~r public ol'lici:~t. .",Iullcr reported that tile C'ourlty emplo)'ee advisor5.' ccmncil is receptix'o ~o granting time off thc morning of tile event next year Ibr employees vd'to wish to walk their kids. ..\ri l)obberslein said hs is bullish on the event and welcomes its return next ,,'ear. C. Recreatiorml Trail.~ l)ro~ram Battis explained tile details el'the program :md offered suggestions to sponsorship and funding. [:mil word et' the fundin-= source .uets out. the Bike/Ped Prot~ram~ may. not see corr~mur~itv. ~uroups applying. ()ther F3IL,\Cs around the state, have been successful in puttir~g together applications and [orv.'arding them to the county for sponsorship. Such an endeavor, il' supported bv ~he PAC. would certainly be funded, based on the large amount of public land within Collier Count,;. In answer to a proposal. (,hairman t lagan said he would be receptive to cm~sidcring thc usc of ('otmty pathway construction funds {Fund 313) lbr the required funding match on a case-by-case basis. !). I?,ike/Ped Nev, s~A Cnll for Sul~missions l:illing space is not a problem, but a divergence of opinion and a broader community voice might not be a bad thing. Battis offered, lie invited news of cycling events and other happeni~lgs. .Xl E.XI(). Chairman t lagan introduced sentiments expressed bv Anita Jenkins and himscl f lhat the I'.,\C was straying from ils mission as an ndviso0' group and was becoming an action committee. '['he concern is that contributing and participating in eveo' event is difticuh tbr busv professionals and that I'AC members shouldn't have to Feel guilty about sitting out on activities. Battis acknmvledged that the PAC is beyond advisory in its current capacity and asked il' the committee's role should be scaled back to an advisor3.' level, lie believes that one high-protile event such as \Valk Our Children to School Day where the PAC can get on board mav be beneficial considering the lack ofanothdr opportt, nity such as Bike to Work Week. Facilities Concerns. ('hairrnan [lagan explained that paved shoulders ending at thc entrances to residential communities ,,,,'ere presented to him by n County engineer who bicycles to work. 'File ctmctiticms are ctangerous for bicyclists, especially nt night. The Chairrnan motioned that the Bike/Ped Coordinator take tip the isstic with thc relevant permit and inspections persormel within Cot, nty government. Motion passed 4-0. 6. COI,tlt. ESPONI)ENCE I1OIIC 7. l.,l'Fl.~ RA'F U IH,~ noted ,4. EN(;INEERIN(; LITERATURE l'he Chairmai'~ pointed out thc value of timely resources rclatii'~k2 to bike/peal c,gi~ccri~g. Thc I'r()~ram Coordinator narrated thc hi~hlights of the San l:rancisco hike route sigm~c a~d system and ol'l~rcd that he would be presenting a proposal to thc P..XC tbr a local route system. 7...\I).I()UI~,N Nlcctin,.22 adjourned at 9:20 a.m. Reviewed by: .Dn.~z~ Date: t)ct. 26, 1998 (3avin Jones. P.E.. Acting MI~D Coordinator EXECUTIVE SUMMARY Consideration of a Metropolitan llicycle Route System ()bjeetive: I'o seek Path',vav Advisoo' Committee input tm a proposal introduce signagc and maps lbr a countywide system of bicycle routes. Considerations: l'he current bicycle network is incomplete and piecemeal. Linking the various facilities and travel options together is one goal of the Bike, ['et] I'rogram and the Comprehensive Plan. The Plan. which also includes sidewalks, currently spans 20 .','ears at a cost in the tens-el:millions of dollars. :\ Imv cost and immediate compensator would be to link the existing facilities wilh thc best on-road Im~er trafficked streets. Making the preferred rot,res conveniently accessible through directional signs and maps would rentier c.~ cling more altractive ns a travel mode. Fbe large seasonal and visitor populations who are not ,,,.'ell acquainted with local roads would also be served by such a system. ()ne ft, nction of thc route s.',stem would be to aid in local trip making--errands. beach,.,oin,.z,, and social visits that migl~! be normally made by car. ..\ second is recreational. By adding directional aids and distance indicators. cyclists can stay abreast of their location nnd chose a length oflravel to suit their abilities. :\ third benefit would be to link Collier County's various communities: Everglades to Marco Island and Immokalee. Naples to Immokalee and Marco. These trips might be utilitarian or recreational. Bike routes are not a ne~v idea. But lbo concept has in most locales been largely a bare-bones eflbrt witt~ no more than a simple marker on the roadside to indicate tbnt the street has bicycles present. The proposal here would add directional, distnnce and guidance indicators. :\ draft map of the proposed routing system ,.,,'ill be furnished al the meeting. Staff Recommendation: That the PAC provide direction on the suitability of a metropolitan bike route s,,'stem. Prepared by , : Nov. g, Igg~ /Je;/~ D.~s. B~vcle and Pedesl~n Coordinator t/ , Gavin Jones. P.E.. Actin~ MPO C~ordinator Meetint~ Notes Motion: Made by: Second by: Vote: MPO Agend November 20. 199 Item ?7[: .... 0 r~ -.; · :: .;7 ;. L EXECUTIVE SUMMARY Update of BikctPcd l'rogram Priorities and Work Program ¢)bjcctive: I'o inform thc F'athwav AdviSory Committee on changes, additions progress made to projects found on. Program tracking documents. Cm~siderations: The I'ro~ram l'riorities are a PAC-cndorsed. MPO-ratilied document that spells out what the most pressing large-scale bike/pod projects ,ire. These are usually road widening projects in which the inclusion of pathways is n,t secure. Mention in the Priorities document is to inlbrm relevant parties and to have on record x~hal tile Bikc/Ped Program Ires requested and expects with regard to including sidewalks and bike lanes. The blessing of elected officials cements thc document's standing as a factor in local wansportation decisions. l'he llike/l'cd Work Program is not an adopted document, but is merely an at- a-glance summary of all thc projects online relevant to bicycle and pedestrian transportation. Regular updates arc necessary, as projects are added, completed or dropped from the scope of work of various government entities including the Bikc~Pcd Program. Staff Recom mendalion: For infommtional purposes. I're p:, red by:./~.~/.ff'//f_/_~.//..~ ~ t~e.' N or. 9, 1998 .~el~m¥ £i. ~la~,~. Bicycle and'~;'~destrian/Coordinator Gavin Jones, P.E.. Actj~g MPO Coordinator ,Meeting Notes ~lotion: ~dade by: Second by: Vote: MPO Agenda J November 20. 1998J Item 5. B.j c- O t. Jaq"nN ~ue~l or4 ~661. 00!OiO,O papunlun Il!IS saseqd {66186) aSPqd lua~n IsO00l ~so~ paletu~ls3 Jaqu,lnN '" ...... ~'11 I II IIII EXECUTIVE SUMMARY I'athway Advisory Committee--Referendum on 51eetinll Frequency and Scope of Parlicipation ()hiectivc: I'. seek I'athway AdvisoD' Conmtiltcc guidance on thc desired time commitment for conmmtee nlembership. Consitleratinns: l'hc I'AC has nlet continuously once per month since lhll 1997. Th:re ;irc occassions ,.~ here no action by Iht PAC is necessary, >'et meetings are held for contiunity and inlbrmational purposes. 'l'o conserve staff time. tile MPO has initiated a practice with other committees of hoJdinb, meetin,.:,s only when some action is necessnp..'. In the pursuit of higher interest and improved attendance among members, the Program Coordinator requests feedback on the option of calling PAC meetings only ,,,,'lien business requires a vote. risc I',.\C is unlike other MPO and public advisory committees in that its members nrc occassionally called upon to volunteer time nnd eftbrts for community events, provide technical assistance or professional contacts or to engage in lobbying activities relevant to the Bike/Peal Program's mission. This practice is outside the strict definition of an advisory committee and places extra responsibility on PAC members. Members should be.free to set the standard for time commitments that exceed tile minimum membership responsibility. Feedback is requested on the practicality of scaling back committee activities to advisory only. Slaff i/ecommendation: That thc PAC indicate whether the scope of member- ship commitment should be reduced. - . l' re p a r ed I)v/~/~/~.¢//~,, ~: N0v. 9, ,ggg. / /~(&0Da~attii~nicyc~aad'Pe&atr~n Coordinator Reviewed W ~-~~ Date: N°V..9, 1008 Gavin Jo~es.~.E.. A~ng MPO Coordinator .MectinR Notes Motion: Made by: Second by: Vole: MPO Agendl November 20, 199l Item 5.C COI~.RESI'ONI)ENCE .......... I- III .... IIIII ~- ' IIII ............................... ~ .............................. ' NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CEHTER 2800 Nodn Horsesnoe Or~ve Naples. F!onda 34104 (9411 643-8300 Suncom 723.8300 Fax 19411 643-6968 October 9, 1998 : BOARD OF' COUNTY COMMISSIONERS Debbie t tunt Director of Planning and Pro,ams [:DOT District One. SWAO PO Box 1249 Barrow FL 33830 NAPLES CITY COUNCIL FLORIDA DEPARTMENT OF TRANSPORTATION Dear Ms. Hunt, It is with great dismay that I write to reiterate the concerns of the Naples - Collier MPO staff regarding the lack of provisions /hr bicycle and pedestrian travel in the construction area along US 41 from Airport Road to Rattlesnake ltammock Road. This is the third letter we have tbtxvarded on the subject and still we have seen no action taken. Despite the responsiveness of the consultant on the US 41 segment to the north of Airport Road, it has now become evident that the entire corridor project for the length of US 41 lacked any plan for safely accommodating bicycle and pedestrian travel throughout the lcngthy reconstruction phase. This is regrettable considering that the Florida Department of Transportation has listed "Safe Transportation" as Goal I of its 2020 Transportation Plan. Provided is a summary of our concerns: Construction ~ong US 41 is broken into tv.'o sections with Davis Blvd the dividing line The easterly segment of roadway has construction' on the south sidle of US 41 relegatihg non-motor/zed traffic to the north sidewalk and bike path. The western portion of roadway crossing Davis Blvd has construction to the north, necessitating that bikes .and ped.s ~:ross at this dangerous and heavily trafficked ~ntersecuon to access a southside sidewalk. Making matters worse, pedestrian signals are removed or, disconnected, so that peopl~e, are forced to nm once the,, find a break in traffic. Finalb, as work on the segrnent east of Ai .r~.rt Road commences, construction on the north side ot US 41 further east begins, ttere the bike path is vacated and a major east-west route for non-motorized travelers is severed. Perhaps vacating tilts bike path wouid be o£' less concern ii' Collier County had a pt,blic transit svstem...\s l've stressed in previous correspondence, the lbrmer bike path provided a direct link between residential areas and the minimum wage jobs that these residents travel to. I have wimcssed time and again these determined indMduais walking in the dirt. walking in tralTic. and .','es. riding their bikes along the center median construction area. :\s some portion of US 41 is forseeabJy scheduled to be under construction tbr the next five .','ears. MPO stall' urges that in the future a comprehensive mobility study be conducted for non-motorized traffic to ensure tile safe and convenient passage of pedestrian and bicycle traffic through the reconstruction phases of the roadway and to require that a maintenance of traffic analysis IMOT) be finalized before the project is let. We also request that a qualified team be brought on board to review and comment on the MOT such as the State Bike/Ped Program or the MPO Bike/Ped Program. \Ve've been made aware that thc FDOT contractor will be placing a permanent sidewalk on the north side of US 41 east of Airport Road at the end of this month. Tiffs is a welcome development, ttowever, there is still more that FDOT can do before the project is completed to show that the concerns presented here resulted from oversight and that the Department does have the interests of safeb, in mind. This can be realized by honoring the ,,,.-ill of the citizenry and the leadership of Collier Count>' by (1) designating the bicycle lanes along this segment as requested by the MPO Chairman: and (2) installing a sidewalk along the south side of US 41 as requested by tile East Naples Civic Association and the County Commissioner for District One. Respectfully yours, Jcremy D. Battis. M.C.P. MPO Bicvcle and Pedestrian Pro.re'am Coordinator Christopher D. Hagan. P.E. Chairman. MPO Pathv¥'ay Advisoo' Committee cc: Norm Feder. FDOT District One Director John Limbaugh, FDOT Intergovernmental Liaison Theo Petrisch. FDOT State Bike/Ped Coordinator Timothy Constantine. MPO Chairman John Norris, County Commissioner, District One NAPLES(COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER BOARD OF COUNTY COMMISSIONERS NAPLES CITY COUNCIL FLORIDA DEPARTMENT OF TRANSPORTATION 2800 North Horseshoe Orive Naples. Flonda 34104 (941 '1 643-8300 Suncom 723-8300 Fax 1941) 643-6968 ,,\ugmst 10. 1998 John Limbaugh Intergovernmental Liaison Florida Department of Transportation District One. SWAO PO Box 1030 Fort Myers FL 33902 Dear Mr. Limbaugh, On June 1 this office forv,'arded a letter to Debbie Tov,,er. FDOT Public Relations Director for your office, requesting improvements to the temporary bike lanes along US 41 from Airport Road to Rattlesnake Hammock Road that had been installed to compensate for the closure of the off-road bike path due to road construction. Specifically, the request sought to advise motorists and non-motorized travelers that the area to the ri~t of thc white line was a facility substituting for the closed bike path. Our request also mentioned the nee~l Ibr a "pathway closed" sign and detour insu'uctions to guide cyclists and pedestrians offthe closed pathway and to alternative routes. You responded in a June 23 letter that detailed FDOT efforts to notify the project consultant Wilson Miller'of our concerns and the initiation of a review of project actMties. A recent visit to the site shows that the improvements have not been made. but rather that the temporary, bike lanes have been removed. The MPO Bicycle and Pedestrian Program would like to request that paved shoulders be returned to the site or that another acceptable facili .ty be installed to service those residents needing to traverse this hazardous roadway without the convenience ora car. We also would like to reemphasize th; need for proper signage in this area. I am available to assist in ti'tis matter or m~swcr any questions you mav have. Please respond to this request at your earliest convenience. Sincerely, __ /' J~em.,,' D. Battis. M.C.P. ' . .2 (~)~IPO 'Bicycle and Pedestrian Program Coordinator cc: Ken ltcathcrington, hIPO Coordinator Robcrt Mulhere. Planning Sen'ices Dircctor ' '- ' RTATION L DEPARTMENT OF TRANSPO ~,~ro~ CmL~S ~ ~ I)L~lrk't One ~uuthw~t Area ()f~ce mo~ r, ~. ~ ~o~ ~ ~ ILO. Box 1030 * Fort Mvt'rs, FI ~902-10~0 s~ Phone: {941) 33~-2341*Fax: (9411 338-~5~ Ju~ ~ ~ .~, 1998 . ~LL-L 1-98 Mr. Jeremy D. Battis Bicycle and Pedestrian Coordinator Naples (Collier County) MPO 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Battis, " Florida Department ofTransportation staffhave notified Wilson, Miller, Barton & Peek, Inc., the consultant performing engineering and inSpection 'for the project to six-lane U.S. 41 from Airport Road to Rattlesnake-Hammock, about your concerns regarding maintaining bicycle and pedestrian facilities during construction. We arc reviewing project activities, and if warranted, we will install appropriate signs as needed. Shoulders along the road are used presently by bicyclists and new I0' outside shoulders will be constructed as "bicycle user-friendly" auxiliary lanes. The existing pathway on the north side of the road will be replaced by 5' concrete sidewalk, and a new pedestrian crosswalk will be built at Lakewood Boulevard. The Department will continue, of course, to work closely with Wilson, Miller, Barton and Peek, Inc. throughout the project and make every effort possible to maintain pathways for bicyclists and pedestrians during construction. Ifwe can answer other questions, please don't hesitate to call. S,nce,r, ely, /. / /. John L. Limbaugh Intergovernmental Liaison cc~ Jose Garcia Rick Hogue Debbie Tower 6A9 ~RECYCLED PAPER BOARD Of COUNTY COMMISSIONERS NAPLES CITY COUNCIL FLORIDA DEPARTMENT OF TRANSPORTATION NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER ' 2800 Norlh Horseshoe Dnve Suncom 723-8300 Fax (941} 643.6968 June I. 1998 Debbie Tower Public Relations Director FDOT District l 2295 Victoria Avenue. Suite 292 Ft Myers FL 33901 Dear Ms. Tower. Ttds matter concerns the rcconsmmtion of US 41 in Collier County from Airport Road to Rattlesnake Itammock Road aald provisions at this location for the safe tSassage of bicycle and pedestrian traffic. A new concern has arisen v, Sth the commencement of the Airport Rd to Rattlesnake Hammock Rd segment of US 41 reconstruction. The off-street bike path on the north side of the road has been vacated to allow room lbr construction. FDOT's contractor has responded bv furnishing paved shoulders on either side of tile road. We see this as a ~atislhcton' solution with the constraints present, ttowever, we request that an engineer trained in bicycle transportation make a site visit to review the recommended improvements belov,'. First, tile facilities should be signed. At a location betbre the existing off- road pathway ends. a sign should be placed advising users that the facility is closed ahead. A detour sign directing them to the bike lane should be installed. ,,\ "bike lane begins" sign thereafter should be furnished. :\t a location before the paved shoulders e,~d. another advisorv sign should b.e, installed. Further instructions Such as resume riding on oi'f-road pathway' or "bicyclistS cross street ~would also be helpful. Currently. the temporao., paved shoulders weave in and out of turn l~es. creatiniz conflicts with motorists at intersections. Pylons have also been placed along the striping or in the paved shoulders, narrowing the width ol'space available to cyclists. 'lq~e NIPO is available to provide any assistance necessary, to address the concerns outlined above. \Ve thank you lbr >'our cooperation in this matter. cc: Ken Heathefington. MPO Coordinator Robert Mulhere. Planning Sen'ices Director Joy Jones. FDOT Dist. 1 Bike/Peal Coordinator Glenn Wey, FDOT Dist. I Construction Engineer Mr Albtr~ F Raul~n 3~35 Boca Oe~ Dr ~o~ 201 N,mles. FL 34112 III BOARD Of COUNTY COMMISSIONERS NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 2800 North Horseshoe Drive Naples, Flonda 34104 (941) 643-8300 Suncom 723-8300 F~x ~9411 643-6968 October 21.1998 : ::; :'. Albert F. Raulin 3635 Boca Cicga Dr Apt. 201 Naples FL 34112 NAPLES CITY COUNCIL FLORIDA DEPARTMENT OF TRANSPORTATION Dear Mr. Raulin. Thank you for .','our letter inquiring about the status or' ne',,,' sidewalks on Boca Ciega Drive. As I explained in a phone conversation with your associate, Charles Cortright, there are no immediate plans to construct a sidewalk on )'our street. Mr. Cortright accurately pointed out that Boca Ciega had recently appeared on the priority list for District One. When the Bicycle and Pedestrian Program revamped its priority-setting process by consolidating previously separated Commission Districts and adding criteria by which to evaluate projects. BoCa Ciega did not rank high enough to be included on our short list for nea/-term construction. The primary, reason for Boca Ciega receiving a Iow prior/t>, rating is that the street serves a limited public benefit in that it is a loop street v.4th no destinations. Boca Ciega is on the 2020 Pathway Master Plan, qualifying it for Coun .ty funds. As I explained to Mr. Cortright. an offer by the residents of Boca Ciega to provide a 50 percent contribution to the cost of the project might demonstrate the residents' perceived importance of such a facility and expedite construction. Our Transportation Services Department. v,'hich administers County funding for sidewalk projects, recently reaffirmed that it is thc office whic[~ should handle the day-to-day functions of County pathv,'ay projects. leaving this office to handle long-range planning...\s such. all future correspondence regarding this matter should be tbr',v,'u'ded to Edward Kant. Transportation Director. 3301 E Truniami Trml. Naplcs. FL 34112. [ thank you lbr you interest in sidewalk construction and mn conlident that the County and the residents of Boca Ciega can reach an agreement which provides an equitable benefit to both parties. Sirmcrelv. "Seremy D. Battis. M.C.P. ~O Bicycle ~d Pedcsd~ Pro~ Coordinator cc: Robert Mu~ere. Pl~ng Sen'ices Director Ed~d ~ Traction Se~ices Director Ken Hea~efin~on~ NWO CoOrd~tor Gavin JoneS~ Acting ~O Coord~tor Florida Bicycle Association, Inc. 737 S. Hills Ave. · Orlando, FL 32801 fba@flbicycle.org · (407) 898-4137 O~ober 29, 1998 Mr..}eremy Battis Collier County Community Dev & Env Svcs 2800 North Horseshoe Dr N Naples, FL 3q104-6917 · Dear ]eremy, Many people have expressed an interest in taking action in connection with the death of cyclist Ray Howland. For those of you who have not received the news, Ray Howland was struck and killed by a motorist as he stood with his bicycle on the shoulder of S.R. 46 in Mount Dora on Sunday, October 18. The crash report describes what happened with these words: "Vehicle i ith~. n;oto~st] came cfi the off ramp from S.R. 500 [U.S. ~.~,I] r.'.ade 3 left turn too wide and struck Vehicle 2 [Ray], causing operator [Ray] to go airborne and landing fifty (50) feet from point of impact." Ray was waiting with his bike for some of his cycling friends to catch up with him. I have been advised that the decision to bring charges in this case involves a tremendous amount of discretion. Such a decision is affected by not only the law, but also by politics, personal bias and the likelihood of conviction. Therefore, your letters can play an important role. If prosecutors perceive that the community has no tolerance for errant drivers running down pedestrians and bicyclists, they will tend to seek convictions with considerably more dedication. As background, you may wish to understand that the law distinguishes between "careless" driving and "reckless" driving. Careless driving is defined in the Florida Statutes Section 316.1925 as failure to ddve "in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and ail other attendant circumstances, so as not to endanger the life, limb, or property' of any person." Reckless driving is defined in Section 316.192 and involves "willful or wanton disregard for the safety of persons or property." Vehicular homicide, as defined in Section 782.071, is a death that results from reckless driving. This is a criminal offense and is a 3fd degree felony. If the motorist in this case were convicted of vehicular homicide, the court would have wide discretion under Florida's sentencing guidelines to determine an appropriate punishment. In the absence of alcohol, imprisonment would be unlikely. However the motorist could face a fine, community service and revocation of his license for some period of time. Remember a cdminal offense is an offense against the people of the star. e, so if the case proceeds to a criminal trial, you should voice your thoughts on sentencing to the court at that time. On the other hand, if the motorist is charged with careless driving, even though a death is .nvolved, he would not be criminally charged. The motorist would be guilty of a civil infraction and would be ticketed, resulting in a fine and points. Therefore, the challenge is to encourage an honest and thorough investigation of the Mount Dora crash that resulted in the death of Ray Howland. The circumstances and apparent trajectories of this crash suggest, in our view, a deviation from traffic norms severe enough that a reckless driving charge should be considered. That determination will need to be made by the investigating agency, currently the Mount Dora Police Department. After the Mount Dora Police Department completes their investigation, the case will be forwarded to Mr. Pat Kicklighter, Investigator, at the State Attorney's Office. Mr. Kicklighter has assured me that the State Attorney's Office will make a careful review of the findings. He has already received the crash report and is awaiting the traffic .homicide report. He said that this report could take weeks or even months to coml}lete. Criminal charges, if any, would be brought by the State Attorney's office. You should send your calm and rational letters to the following: Plount Dora Police Department 1300 N. Donnelly St. Plount Dora, FL 32757 The case officer at the Mount Dora Police Department is Cpl. Steve Fl. Cantwell, and the Chief of Police is Norman Warren. And to the: State Attorney's Office P.O. Box 7800 Tavares, FL 32778 I~lr. Pat Kickiighter is the investigator who has the crash report and will review the traffic homicide report when it is received. Following are the points you may wish to make, as appropriate to your concerns and to the agency being addressed. Please use these, points as an aid to voicing your own individual and personal feelings on this matter: The City of Nount Dora is a place you visit and/or like to bicycle in at the annual festival; therefore it is apl~ropriate for you (an out-of-town person) to care about the safety of the City's streets. Even without the above fact, the case of Ray Howland's death has important ramifications beyond the borders of Nount Dora. This case speaks to all who have lost loved ones to a careless or reckless motorist, and to all who have loved ones who use the public roads. The driver of the motor vehicle went off the roadway when he struck Ray Howland, raising questions of recklessness in executing the left turn. Ray Howland was a pedestrian at the time lie was killed, making this much more than just a cyclist issue. Iqr. Howland was standing with his bicycle on the edge of the shoulder of the road. You respect the due process of law, and the dghts of anyone accused of a crime. You respect the integrity and professionalism of the agency in conducting their work, have confidence in their motives, etc. The agency has a duty to bring justice to the family of Ray Howland, to protect society and to see that a criminal act is punished as provided under the law. I hope this helps you in drafting appropriate letters. It wouldn't hurt to follow up with telephone calls. The Nount Dora Police Department is (352) 735-7130. The State Attorney's office in Tavares is (352) 742-4236. . Enclosed is a copy of the eulogy from Ray ~-towland's funeral that was prepared and delivered by Ray's son, Nike. This eulogy is also posted to FBA's web site at www.flbicycle.org. It is a very touching message in which Nike expresses the family's hope, "My Dad died doing what he loved most. I pray that his tragic death might somehow save lives by making cycling safer for others." On behalf of FBA and the family of Ray Howland, thank you for voicing your concerns. Sincerely, Carol A. Wilson Executive Director LITERATURE Gorerning. 1998. "Pedestrian hells P 15. October ~. 1998. "Future hot spots." P 64. October 1 tcilman. John. 1996. "Automobile ownership is really expensive." OK/Nc,~rs }'ou C,n Use. Pp 1-2. Aug. /'tthlic' .~/,mtgement. 1998. "Cars. kids. and sprawl: a deadly combination." Urhcm D',~zvport,tion ,[[onitor. 1998. "This week's sun'ev results. Bicycle and pedestrian issues." Pp 9-11. October 9. Utne Rer~dc, r. 1998. "Better .,.'et. take the tires off. P 18. Sept-Oct. · ! IF. YOU WAKr to ,'he Environmental Defense FunO has rankeO U.S. ;;t~es by the increase m the hum ~,ays per )'ear oroJecte~ to excee~ 90 degrees Fanrennelt by the year 2~00. the an assumes a g~obal temperature increase of 3.6 degr~s, the cu~ent best estimate: United Nat~ons' Intematmal Panel on Climate Change. Cu~ ~1 C~ A~ Average 2. ua ofla Beach Ra 36 7 ............................................ .................. ............. ..... ................... ................. .............................................................................. ,.,..~.~. 2~ ~ 26 "~ ........... ~;'~'~'~ ................... Pedestrian-favorable l':ditor. Naples Daily News: I a,.Irec w~th Mi'. Friedman's letter: We If) II('L'(J ]I~)I'L' -liJL'W;IJk~. ('llJ[dl'e~t In ,'()[licr ('()untv who :iaVO IltlS >~'I",ICC ;lt'lllJiLtllC tO thom. .llally nemhb(,rh()()ds you will see chil- .'Idin2 thctr bikes ~ school wil[lOUt stp 'lerVlSllII1 ,)Il ~tlSV I'tIiI(]S '.~lthotlt "nike. N,)L only th,' cilihh'cn need sidewalks. It ~mlld maKt, ;~ pe(tustrlan-lhvorable omllllltlllV ".'alkin~ promotes healthy habits and erlcotirages pt, opic lo get ()tit and meet their netghbors. When traveling [ have visited many cities and towns that encouraue their rcs- idents to title bikes and walk instead of driving. There are bike pmhs. pedestrian l)aths anti joking trails. The Imdestrmns ,n' these cities are certainly takin~ advan- tage of their healthy em'~ronment. Naples is a prime lucation fin' more Mdewalks. paths and t~uls. Naples could I)u even more charmtnu. Dali [l[~abeth Mlllor/Na~les P.S. -- l.et's make the walkine paths and sidewalks wheelchair-accessd~le too. III I .... ii i iiii ii They Kxtow What They're Talking About .\utom()bile ()wnership Really Is Expensive account tot capital costs. If I paid cash, my pe .:ver,~e (,t this much per mile. ~,r that much per mile (these ~tudies often are used in assodafion with attempts to get us to change our travel behavior, like ta~n~ bus, for instance). And probablva lot of us~ looked at those numbers (whic~ Currently run in the 3{) t{~ 4() cents per mile rang , and said, "Oh, those are only for expensive fleet vehicles"~)r "'Fhose costs only apply if trade in for a new car every year or t~o. Certainly, those costs wouldn't be applicable to my car, my family, mv dfi~dng habits." Well, I have i~ad some of those same thoughts mvsetf over the years, and, a few months ago, realized I had a chance to "check it out" for mvself. Being one of those, well, "engineer- types," I had kept records dudngour family's purchase and ownership of a 1989 Dodge Caravan, which we traded in for a new one last year, after six years and 90,000 miles. So, I dug out those records, to see how much of "30- 40 cents per mile" I could substantiate. It didn't take long to realize that my biggest problem ~and also the biggest expense item) was h~w t~ deal with the capital cost of the vehicle. In round numbers, the 1989 vehicle cost S 15,0()0 ~back in '89), the new 1995 cost S21,00{). and I got S4000 trade-in value. I could "front-I~,ad" mv costs, using the '89 vehicle to mile capital to.st (in 19$'-) d~)llars) was SIS,{}()0 9(},0(}0. or 16.7 cents<mile. If l paid 105: down and borrowed ti~e rest (48 months, l(}.9~j back lhen), my total payments (wer four years would be $18,200. representing 20.2 cents/mil~ If, on the other hand. I wanted lo "back-load" mv costs, I could asst~me that tl~v capital cost l travel the 90,000 miles was represented by the cost to replace the worn-out vehicle in 1995. Paying cash, this would be S17,000 (allowing fi trade-in), or 18.9 cents/mile. Or, paying 10% down and borrowing the rest (48 months, 9.~%), my total cost over the four years wouk be roughly S20,000, or 22.2 cent~le. So, you can pick the method you like best (as I said, I'r an enbdneer, not an economist), but, in anv event, we're already well over half-way to 30- cents/mile, and we haven't driven a single mil, yet! Now on to the other, more direct costs: Registration Cents/Mil S45/year, divided by 15,0()1) 0.3 miles/year average Insurance $600/year, divided by 15,000 miles 4.0 Gasoline Sl.10/gallon, divided by 20 miles/galhm 5.5 Oil and Filter Changes S25 every 3500 miles 0.7 Tires $350/set, divided by 45,{}(.}0 miles/set 0.8 Repairs and all other maintenance (actual, from mv reo)rds) 2.5 Total operating and maintenance costs 13.8 So, lhere it is, Between 17 and 22 cents a rnile t~ own it, and 14 cents a Inile to operate it. :,'IAI I,illd flow that I think about it, that ,,,n ~zt,t his driver's license. Daere's Jt all dowll to the bottom line, then, my daily commute/shorter than II1OSt) rtms ,:Nmt 53.30 -- EACH WAYI Maybe llaat bus ~;?: kiea isn't suci~ a bad one, ,liter ail - especially v'ttb Ihis summer s 50 cent Ozone Alert fares ~he .Metro. ,\nd that quick one mile trip to the -tore (or milk itl.st <cat the price t,f that milk ox't, the 53.(1il per gallon mark! Maybe 1'I1 install a tare box in my car, and then force myself to drop in .3,5 cents for every mile I drive! Valuable Training Opportunities U~t' t ~hio 5!ale University l)cpartmcnt t,I Civil l'~nginccring's '[" ('enter is offering seven different '.v~%rk-h~,p ~?p~rtun~tics t~ be I~eld at a var'Jury (, times and I~)cations bclxvccn 5cptember 10 and December 10. 1'~%. ['i~cse ~v~rkshops include: IVorY' Z~me FraO'ic Control Princodes - September l0 and October 22- Columbus. Ohio Prc t.c, t ir't' A'fain teuattce Trea tmen ts.tier Pavcmen ts - 5eptem ber 17 - Colu mbu s. t)h io IVatcr-Borue Pavement Markings. September 24- Canton, Ohio IVatcr-Bortte Paw',tent A{arkings - November 7- Lima, Ohio Umh'rstandittg St~perior I~brmi,rg Asphalt Pavement (SUPERPA VE) - t Mobt. r S- Columbus. Ohio L'OIlcrt'tc S[tlt'tt'alks l>ro,gratt} - ~ ~clobcr 1~ - Columbus. ~¢hio Cottcrt, tc Repair ~'chniques - October 29 - Columbus Ohio Concrete Relmir ~'chniqttes - November 13 - Miamisburg, Ohio Traf])'c Signing - December 10-Athens, Ohio :;: :i:.~:~.:; :~. ~e S50.00 re~strafion fee for each of these sessions includes lunch, refreshments during break, and course materials. Attendance for each of these sessions is limited to 50 people. Those interested are urged to reg;stcr as soon as possible. I'repayment is not required to attend these workshops. For tilers outlining course content, agenda, re~stration, and location, contact t)KI's [ohn Heilman {~r I.ou Ethridge at ~513) 621-6300. l:{}r more detailed information, contact the 'I'2 Center's Sarah Welsh at {${}0~ 552-{~891 or 1614) 292-2871. / )hit~-k,'ntt~t ky-lad iaaa l{cgtom~l ('oullcil Of Governments 'qlI-B l, Vt',;l Fi~hth Street - Suile 400 t mcmn,m, t~hio 43203 513~ ~,21 James Q. Duane t(xccutwe Director Technical Services Staff !elm I fcilman..X, lanager I.oui~, [!thrid~e Ann Gordon ~ Non-Profit erg. U.S. Postage I'AID Permit No. 2269 CinOnnati, Ohic Cars, Kids, and Sprawl: A Deadly Combination Ii, percent '~= ,,::hum wcre(Ji~Jdren. }{owevcr, dc~plle l}le lll~t thai 12 per- Inltlrles IlaJl~H1widc IIIViJJve cent (~t' their K'dcrai %,l/gty ftllldin~ Ol1 project5 to prorimt~ pedestrian 5~J~ly, ~aJa~ous The report ranked mctr<~poJitan accord(nC lo flw d,lngcr they present l)an~er Index. d~g IllCtropoJit,lll dominated by ~pr,lwJJng dRveJoplnL'fl[ order, the nlosl d*lngCrotls area5 are: Orlando, Horida; ~hmpa-SL Pclersburg, Florida; ~ llama. Fl. l~udcrdak., Florida; Providence. Rh,Me I~l,md; Plmenlx, AriA<ma; J h)us~on, 'J~'xas; Atlanta, "..~hhou~h mu[ h ,Hlcntlml has been airbd~s, Ibl~d pm~mm~ from E. coli, and accidcnhll ~hoc~tln~s, wc f})ulld more children were Jm by a car and killed than died as a result of these miler tragedies combined." says Roy Kienitz, executive director uf S'I'PI~ "~ also find that m thc past 20 }'ears, people are walking less, cimo~mg to make trips by car instead, lVc'rc driving more and walking less bct.luse adults illld children are lilerally being driven off Ibc street." The report ,dso made the connection between the rcduclmn in walking and Ihe level t~f pul)lie hcahh, hi n slale- men[ issued wuh the reporl, Richard Killingsworth of ~he W.S. Centers 12)r Disease Contr. I and Prevention (CDC) warns, "Our current ctlVlrOrlfllenl dis- PUBLIC MANAGEMENT courages such routine physical activity .is walking and cychng alld ¢llCOtlr.-llles a sedentary lift's~vle. The heahh tJlJt'Jl(t'S OJ IJli~ Jlft'~l~ Jr' ,ire .IJ.lrllllllg: all lllcreast,d r~sk of obesltv, Jig.ir[ case, diabcle~, high blood pn's~urc, and mher chronic disgasei and cnndidons." The CDC nolei Ih,il only I0 pcrccm of children now walk lo scho. I. STPI' reCOllllllend5 that slates Ill,itch salary spending to Ihe pmblenl: if 12 percent ufa state's traffic fatalhics ami ~erious injuries are pedestrians, then ~t,ue should q~end 12 percenl of its safety funding ~)n pedestrian plole~ls. Under the recently pas~ed l~'dcral trans. pot[alma spending bill, TEA-21, fund- lng increases would easily allow states to undertake prmect~ ~uch ns crosswalks, sidewalks, stop sign~, speed humps, medians, and traflk-cahning circles. Reactim~s Oom various public officials nnd nctMsts support the findings and rccommendathms nf ,~Iean Streets. Rick Bernhard, pi,tuning director Orlando. Florida, has been reported by Steve Inskecp m~ NalionnJ Public Radio as saying dial his city leads r}~e list of pedCsl rJan danger zones partly because of Ibc way ils sweets were buih. Again from Orlando, Harold BarleB executive direclor of,Metropolitan Orlando, which coordinates the area's trnnqmrlation needs, has stated in USA 7b,la)~ "Many communilies were buih · ~rotmd here without a sidewalk in sight. Everything was the car, the car, the car," Sam Passmore of Ihe Soulh Carolina Coastal Conservation League has been quoted in Charle~ton's Post and Co.tier as saying, "h's a wake-up call to local governments to require new development~ to be more pedestrian. friendly and lo make existing neigh. borhoods Sa fer." Mean Streets is availa2fle online at http: //~.lransnct.org. Printed copies are available for $12, plus $3 shipping and handling charge. Call STPP at 202/.166- 2636, or t;lx in an order R) Source: %ansfer, a weekly .pdate p.b- lished b), the S.rface Transportation Policy Project, t~i$hington, D.C For more information about STP~ visit Web site at http://www, transact, org; or cml 202/466-2636, Bringing Local Government into The Living Room As a ci[v or county m,ln,lger, whal if you could talk dirgcdv h~ ail of your taxpay- ers, right in ti~eir living rooms? ~u can, by using your Incal govcrnnlcm's cable- TV (CA'I'V} channet~ ~km can show your taxpayers/customers wJlal yOU are doing with lhcir lax dollars, and why. acer of Farmmgmn 1tills, Michigan, I could IcH it was agomt governmenl. I'he CtllllllltlllllV ]hid omfidcnce m its city hall. Clearly, my .mb was m main- lain and even enhance thai conlldence level, Also, I m~ticed that tt~e local gov- ernment CATV channel had nnly seven hours of programming a week; Ihe resl oflhe lime was spenl posting messages on the bulfet/n board. Sensing a progr~mnm~g opportuniW' I discussed it with the council, got the green light, and ran with it. CA]~ staff C()llSiStt'd ;)J'C~rlt' J'llH-t{mt' person, pilrl-tJflle JlcJp, dlld 51~llC sltJdcrll5 arid 5tiff[Sag assistants wo, king li~r the local CATV consorlion oflhree cities. Not waJIlitl}l ti) increase st.iff, I mid thc city's cable guy: "Put that mmicnm on your shoulder and come with me~ going out imo thc community and jus~ plMn shoo~ everydfing in sigh~." h~ CA'I~'/bo[age, I cncour,~ged a cinema verit0 look wilh minima[ cdidng. There was a lot of air time tu liH and not a lot of staff available Io th) IM~cy post-shoot editing. Besides, tl~e ruugh cut makes for more interesting viewing, h has a feel of immediacy to i~ and the expectation that anything can happen or may be said. 1 lere are some of the programs that nrc broadcasted: Weekly city council .lad planning conlnlission ' Monthly press interviews w~th thc mayor. · The city manager's presentalion of Ihe recommended annual budget. ' Inlerviews wilh local arlisls, as lhey presenl Iheir work in ~l~e newly eslablisbed walkway exhibi~ area al oily hall, · Children's dance, skaling, and choral 25 URBAN TRANSP¢)RTAT{ON MONITOR.OCTOII£R 9. I'Y)8 Editorial Three >cars ~tgt) The Urban TramYponatiott Monitor~i conducted a survey on bicycle facilities among cityi~ traffic engineers. The survev results highlighted the lack of funding for the provision of bicycle facilities, \Vith the passing of the TEA-21 legislation, this situ-~ etlon is improved witl~ tim addition of"bicycle transportation and pedestrian walkways" to the list of eligible projects for National flighway System Fundstsection 1106~;the expansion of thc definition of Transportation Enhancement activities to include '*provision of safety and educational activities for pedestrian and bicyclists" Csection 1201); and other provisions. In this week's survey results, most of the respon- dents indicated that their city has plans and regula- tions in place that require the provisionofpedestrian and/,o.r.b, ic~y,.cle facilities at new developments. How- ever, most of thc cities that require these facilities limited the"requirements to pedestrian sidewalks, leaving relatively few cities that require bicycle fa- cilities at new developments. In addition, a previous survey conducted by The Urban Transportation Monitorindicatcd that only 16% percent ofcitiesthat responded allow for a reduction in vehicle trips gen- erated by new developments if bicycle and/or pedes- trian facilities are provided at such a new development. This means, in most cases, that there is little incentive for developers to provide bicycle and/or pedestrian facilities over and above the barest minimum. With the additional funding opportunities under the TEA-21 legislation and much room for improv- ing the incentives and requirements for developers to provide bicycle and/or pedestrian facilities, cities have the opportunity in hand to significantly increase the resources allocated to bicycle and pedestrian facilities. Daniel B. Ratt~bone . Publisher/Editor This Week' Survey Results Bicycle and Pedestrian Issues Last month. The Urban Tnmspotlation Monitorconductcd a n.4tionvdtle survey on Bicycle and Pedestrian Issues. Surveys ',,,ere sent by fax to city traffic engineers in I(~) different juris- dictions in the U.S. A total tff48 completed survc>~ were re- ceived which represents a return rate of 30%, The respondents are lmm cities of all sizes. The average popu. lation of the respondcm's cities is 260.0(×). The results of thc survey are published in two parts. Part I ap- pears here and Part II :,,'ill appear in the next issue of The Monitor. Do your street design standards require the provfsion of pedestrian and/or bicycle facilities as part of the construction of new highways ? 27 ff yes, can you briefly explain what the requirements are? Answers are listed in the order of frequency of responses. · Ptowde wider outside lanes to accommodate bicycles. · Design standards require tho incorporation of bikeways in the redes. igning and/or pawng et roadways, where possible. · Provide sidewalks and bike lanes on arterials, (Respondents indi- cated widths between 4 and 9 feet for sidewalks and 4 to 6 teat for bikelanes) · Sidewalks are prowded. · Bicycle lanes are provided where ~l ~s parl et a bicycle plan. · Sidewalks are always provided on all collector and arlenal streets. · Sidewalks are always prowded m new subdivisions and along mare streels. · New streets should be planned Io include a b~keway m both d~rec- lions. · Sidewalks are always provided, but one side can t~e waived, · Sidewalks are prowded on one side el suburban residential streets and both sides tot high densfly residential local streets. · Sidewalks or bikeways are provided as part of building permd, Does your city have a plan or regu',attons in D/ace that rec~utre the provision of De destr¢~?n and/or bicycle cdit;es ;on or off-road) at new developmentS? TIlE URBAN TRANSPORTATION MONITOR, OCTOBER 9, 1998 ' ~ I.~ %'~ ' ~ If yes. can you Or;efly exola;n wnat the requ;rements are? (Requirements as prowded by responoents) · New developments prOVide for full use of pedestnan and b~cycle act,wW;capflofl~ty' · Requirements determined ln(3~vtduc3ily lot each development. · For all non.reslOenbal developments, covered bike Dark~ng wtln~n 50 feel of enlrance ts required. Showers may 0e required as dart el a transporlatton managemenl plan, There are no clty'~vtoe regulations but some subarea 0evolopment plans contain requ~remems or condi- tions mandahng oil.street D~ke paths. In accordance Wdh county congestion management program TDA element, ail new commercial develop- men[ over 50,000 square feel ~s required to prowde b,cycle faohties. Subdivision regulahons require *nstallation el s~dewalks on both s~des of a new street. Exceptions may be granted by the dry engineer. Bicycle facilities are not requ=red by regulation. Bicycle plan identsfies all artenals and collectors for bike lanes: all new developments require sufficient street widths tot b~ke lanes or bske paths d development is adlacent to identified patt~ comdors. Zoning requires bike parking facilities. Land use code require most new developments to provide pedestrian access routes and facilities and long and st~ort.term b~cycle parking facilities, depending on land use, · Sidewalks and/or bikeways required as part of building permit. · Sidewalks are required on bell'1 sides of all streets Jn residenhal and commercial zones; trail easements are required to be deaicaled af Ihe properly is part of the lrails plan, Has your city adopted standards/specifications for the planning and des/gn of pedestrian and/or b/cy- cle fac//ities? If yes, how were these &tandards obtained (e.g. developed in-house, adopteo from the AAHSTO manual, etc.)? Answers are listed in the order of frequency of responses. ;~.~?. , · Use stale and/orlocal standards. · Developed in-house and by using consullanls. · Use AASHTO manual. · Use AASHTO manual. MUTCD and state and county standards. * Use AASHTO manual and in-house guidelines. · Developed in-house. · Adapted from anolher c~ty/county. · Use the ADA for s~dewaJks. Are you satisfied with the available technical re- sources (documents, train- ing) for the planning and design o/pedestrian and/or bicycle facilities? If yes, p/ease indicate what you con- If no, please explain brieflywhat are the main sider to be the best resource(s). An. deficiencies in the e~sting body of docu- swers are listed in the order of mentedknowledge. frequency of responses. · AASHTO's guide for development of bicycle fa- cilitles. · Slate design gu~deline,~manual. · ITE publication on tt~e design of pedestrian fa- cililies. · Slate training courses. · Experts. · U.S.I:X:)T Pedestnan and Bicycle Safety and Ac- commodation · Bicycle Federation of America guidelines. · Rails to Trails manuals. · MUTCD and AASHTO are okay but other cities tend to be more innovative and progressive; nee~ more specific bike Ireatment details (e.g. inter* section treatments, share right turn lanes, bike box), · Need more design mid/standards for non-stand- ard pedestrian treatments for pedestnan cross- ings tn conluncl~on wHh traffic calming .. guidelines on when to use. ,Do you nave an active citizens or ottler advisory commit- tee{s) that makes recommen. ~,¢~ ¢ahons about the provision. ,;~*~ enhancement, and use of pe- ~,~; destrcan and/or bicycle facili. · ties ? TIlE URItAN 'II~ANSPORTAT/ON MC)N[TOR.OCTOBER 9. 1998 " . Who constitutes tne commi:toets) (e.g. cmzens, o!ectod offictals, etc.) An. swers are listed in the orde,' cf frequency of responses. · Citizens and staff. ' -~" :' · Citizens aPPointed bymayor~, ,: J ~ .. ' · Elected officials and staff. · · Citizens, oily staff, bike groups. · Citizens. staff Including representahves bt 0arks and recreation staff and police. · Citizens, planning staff, engmeenng staff, parks dept., pohce dept. · Sponsored bythe MPC. Bike users anO pubhc works staff. · Citizen reps and government reds all appointed by the governor, · Citizens and staff membersof the MPO. Elecled officials. · Steenng commdtee compnsed bi stale and local govemmenl representatives and bicycle orgamza. lion reps. Does your city have a designated D/cycle/Pedestrian coordinator? Has your city embarked in the past (or is it presently em- barking) on programs/tech- niques to encourage walking and bicycling ? If yes. what percentage of that per- son's time is devoted to b/cycle/pedestrian matters ? If no, do you believe there is a need for such a person at your city?. 40 20 : If yes, briefly outline these programs/techniques and indicate if they were/are successful in your opinion? Individual responses are shown. · Trip Reduction Plans · Have some educatlona~ programs, pubhc sennce announcemenls, slgnage, brochures. It is hero to say whether they are successful, · Have yearly events 1o encourage alternative transpodation, work with employees and employers for incentives for alternative transportation; have not been successful. · PR campaign; pro'nde improvements; work with Schools. · Have surveyed Ih· existing sidewalks and are ready to propose a new program of construction for new s~dewalks. · Promotional evenls which include bike-to-work day. bike/pedeslnan conferences, nbbon cutting ceremonies for new facilities, ongoing facilities implementation, and bike public art. · Recreation paths are being established and bike routes are being marked with signs. Our largest university recently installed bike paths, bike racks, and an edge of cam p us parking garage wire transit and walking wifhin campus. · B.BoDP to Work week in May encourages commuting by b~cycle, bus, carpool/vanpool, or walking. Success nas been limited. · The employee ride share coordinator ptowdes inlotmation and the regional carpooling agency · .Sidewalk iepair Progra~ ~hich ln¢iuUes adUing AOA ramps. Adding bike lanes on roaus increased bicycle Iravel on those roads. '. ,~. · 'Stdve not I0 Drive Day' In' coordination wilh National Bike to Work Day; Bike made and bike route signs; grant for bike racks: work with potice on safely education program; promote bicycle evenls; pleasure walks; and U~an Trail. an histoncal walking tour of downtown. · Bike Io work, TV sat·fy campaigns - generally, somewhat successful. · Bicycle to Work Day; bicycle network pubhc Cult·ach initiative. · BiCycle map; c{ty sponsored Bike lo Work Day; mty sponsored family nde; city b~cycle club; cmld/adull educauon Program. · Citywide b~ke route system; bike projects; b~ke paths along urban road projects, Im portanl to build a network, Fam~[y-FriendN States ~ ' ~:: The five best places to ~ a family iri~.~ ' the United States, based on infant ' :~i~' mortahty rate, teen birth rate, juvenile':;,:: crime rate. percent of children in poverty, and other criteria: . , (' 1. New Hampshire ' \"¢rmont 3. North Dakota 4. Nebraska 5. Maine The five worst pia~s for I. District of Co '~ Louisiana 3. Mississippi 4. South 5. Alabama ' -,%m G° ran Better Yet, Take To reduce traffic' Wisconsin; cities have ex loaner bicyles they can run Trouble is, the bikes', Solution? Ugly them' Grishaver. guru bike program. As' ' in Dodge City Journal discourages thieves by with foam. converting thc speed clunkers, and plastic buckets to the fenders, kind of program that can't fail." he says. Unless'~¢ become colleCt ~ :i;:ii'~ ~E~GINEEIilNG LITERATURE The large number of responses applauding inclusion ora section with thc latest inlbrmation on bicycle and pedestrian engineering has us again offering Engineering 1.itcraturc [unknown}, {unknown) , ~' t!~ k~.own ) , (unknown) , iHTERNET: i]iTERNET: iHTERNET: iNTERNET: i NTERNET: tfisher@ci.tucson.az.us mdcrsey~pwe.ci.houston.tx.us lhdaviesgmoco.monterey.ca.us JBUFFAMONTE~gw.dot.sta%e.ny.us tblack@hgac.cog.us.tx (unknown), INTERNET:Diane. L.BISHOP@CI.Eugene.OR.US (unknown), iNTERNET:mbirk@svSeng.ci.portland.or.us (unknown), iNTERNET:jbenfa~@dotllan.nycnet.ci.nyc.ny.us (unknown) , 10/19/98 4:51 ?M ~ Bicycle-Pedestrian Coordi~.ator Update Pece~'.'ed: ~rom imol!.mx.ao!.ccm limo~l.mx.aol.com by hil-img-4.ssmpuserve.ccm {8.8.6/8.8.6/2.14) with ESMTP id QA for <NapiesMPO@Compuserve.com>; Mon, 19 Oct t998 16:51:13 -0400 (EDT) Ercm: BIKEEED@aol.com Received: from BIKEFED@aol.com by imoll.mx.aol.com (IMOvl6.10) id 0LRSal0441; Mon, 19 Oct 1998 16:45:38 -0400 (EDT) Message-ID: <66bfc762.362ba4f2@aol.com> Sa%e: Mon, !9 Oct 1998 !6:45:38 EDT To: HaplesMPO@Compuserve.com, jbenfatt@dotllan.nycnet.ci.nyc.ny.us, mbirk@syseng.c~.portland.or.us, Diane. L.BISHOP@CI.Eugene.OR.US, tblack@hgac.cog.us.tx, JBUFFAMONTE@gw.dot.state.ny.us, lhdavies@moco.monterey.ca.us, mdorsey@pwe.ci.houston.tx.us, tfisher@ci.tucson.az.us, afletcher@ci.ann.arbor.mi.us, bgomberg@ci.chi.il. Mime-Version: 1.0 Subject: Bicycle-Pedestrian CoordinatOr Update Content-type: text/plain; charset=ISO-8859-1 Content-transfer-encoding: quoted-printable X-Mailer: AOL 4.0 for Windows 95 sub 224 Date: 19 October 1998 rrc~: Subjecs: Bill Wilkinson Bicycle Federation of America and Campaign to Make America Walkable Various items of interest. Several recent OU ~ send along this developments and activities may be of some interest to y notice to keep you up-to-date on important and timely i ~ - ~¥!:~,~?'~ B~ ke fed of these Issues were addressed at the ~ro Bike/P:-c :.:aik 98 Con?ere Barbara last month -- tnls is an su~,r, ary of new infcrmation since If ':'ou have any questions or co."unents, please sen~ them to -. AASHTO Bike Guide '~verai weeks ago, I sent a memo to John LaPlante, chair cf the AASHTO task force preoarinc the new ~-~ · , ed~~~on cf ~heir bicycle facili -:u~de. i was concerned that the pending version would nc ~onger include ~tatement from the 1981 and 1991 edi=ions regarding the design of highw ~'.'s to arccmmodate bicycles. Following up on the memo, John LaPlante and I had geveral discussions regarding this issue, i shared with John why I bell eved it was important to retain this~Statement. John, who has done a tremendous job of ' ~ :i:' . working with bicycle interests and within the AASHTO system, said he understood and would see if anything could be done, given that the draf t wa s lust about to go to the State DOTs for balloting. 7his morninG, i received a ?axed copy of a memo ~.om John indicating th AASHTO has agreed to add the "missing" sentence back in the next editio n. So, the fourth paragraph on page one will read as follows: "Ail highways, expect those where cyclists are legally prohibited, shou id be designed and constructed under the assumption that they will be used by c'7c!ists. Therefore, bicycles should be considered in all phases of transportation planning, new roadway design, roadway reconstruction and capacity improvement projects, and transit projects." Said John LaPlante in his memo, "This wording will restore the original emphasis on our commitment o~ safe bicycle design in all highway projec ts as a · general policy statement in the Introduction to the AASHTO Bike Guide." Many thanks to John LaPlantei~ili!~n~i't~~ john Fegan) for their efforts to r estore this important statement of policy to the AASHTO bike guide. 2. EHWA policy on rumble strips 'n August, following up on co,~uments and concern expressed by you and ot Page 2 Bike fed .;.-3n% ~ ie%ter to Mike T:entacoste, director of FHWA's Office cf Highway .]afety, ~xpressing concern regarding various efforts ~o establish polic %he use cf rumble strips, in my memo, I provided detai~~ e;<amDles of s -. ~ . ~o~ cyclists ~hat>can.be caused by rumble strips anG some Fendin? policy proposals that could exacerbate the situation i said th had ~-~ ' ,~:~.d that FHWA was in the process of developing guidance on should rumble scrips, and i asked that the I,eague of American Bicyclists Adve p.t,d re , "YC~in7 Asssclatisn, anG the BFA be given an oDportun~}, %0 r~,~iew and cn this guidance, i subsequently spoke with Mike about this matter and readi!'., ackncwledged concerns regarding impacts on bicyclis[s. in SeDsember, i received a letter back from Hike that stales, in part: --v..~ of 'he potential impac: on bicyclist access and safety issues that ccuid be Srough5 abou~ by the widespread implementation of the proposed FHWA guidance, we are in agreement with your suggestion. The Bicycle Federat America, The League of ~erican Bicyclists,. and the Adventure Cycling Association, through the contact.persons for each given in your letter, receive review copies of the draft~ FHWA guidance once it is advanced to the draft review stage. The co~ents :om these groups will be collected an ccnsidered along with the review co~ents received from our o[her parch ers in this deve!cp effcrt." This is welcome news. As I understand it the FHWA will also send a cop 7 of ' the draft guidance directly to the State DOT bike/ped coordinators for their 3. Design Guidance Sometime tomorow, I will send each of you (by email) an update on the U SDOT's development of "Design Guidance" related to bicycles and pedestrians m andated ' by TEA-2! (Section 1202 (b)). Page 3 '. .'...-'::~HTC F,~c!e.~;r:a:; Guide? ..':-~ '-he fi:st r, eet:ng convened by the FHWA tc :iscuss the Fesicn Guidanc ,? · -:'?-e._-:, fcnn LaF"~nte aha Ken Kobetsky of AASHTO cro'.'id,~ ~nformation ~-en::!::{:.::ro~osal. hv. AASHTO *~.~ move forward on development ,.~'. a "Pedestr ;;'::Ae.' .,',.ASH?O's ?ask Force on Geometric Desicn has Fropcsed "a two-pro -' ap.crcach to the development of such a guide. The firs,~ activity would b :,:CHP, P S'/n:hesis of information relating to the planning, :iesign, and op _ . a,. !oil cf Fedestrian [ac±!ities... This Synthesis would serve as a resource tool pha~e of our proposal, which would be an NCHRP Study to deve ~he second such a Pedestrian Guide. In thi~'phase, AASHTO, ITE and other parties c cuid have representation on the oversight panel." i i ! 5. Hazard Elimination Program (HEP) As And}, Clarke of the FHWA has noted in his presentaticns cn TEA-21, bi cycle, pedestrian, traffis calming and public trails are all eligible activiti es under the HEP. And, the HEP is about the same size as the Transportation Enhancements Program. The challenge is determine how bicycle, pedestrian, traffic ca !ming, and trail projects can compete successfully for HE funds. According to one cf EHWA's (former) regional office staff, each State DOT is required to de velcp a "Highway Safety Improvement Plan (HSIP)" and submit it to their FHWA Di ';ision Office for approval. Given the changes to the HEP made by TEA-21, every State DOT should be reviewing and revising '(as they see fit) their HSIP. Now is the time to make sure our issues, needs, and concerns are appropriately incorporated in the HEP program. in this regard, one of the big challenges you will likely face is that States select projects for HEP funds based by identifying "high crash" locations. As we know, bicycle and ped crashes tend to be widely disper sed so this approach will likely not lead to these projects scoring well again Page 4 ' ! Bike~ed z ~3 , t~~' zr~terion. Nor does this 'approach ~llow another elements hlcycie and pedestrian access and,Safety: the fact that many people sim ~vo~d bicycling walking-~ ~ 'aiong and across many streets and highways and l:ecause ~ ~ tnev r~erceive them to be so unsafe. These situations should be redresse ..i, bUt ~R~": '..,'O~'t ~how un. on *'~..~ radar i~ crashes are used as the cniy measure ufos!em locations. -he Hichwa'; Safety improyement Plans are being revised as :.;e speak. P!e ~'heck with the appropriate office in your state agency and encourage th ~=-,.~ t 0 ~nccrucrate bicycle and pedestrian needs. Perhaps allocating a percenta ~e of tt.e HEP funds to bicycle/pedestrian safety projects ecual to the bike/p percenzage of annual traffic fatalities might make sense. 6. Urban Transportation Monitor survey The October 9th edition Of and excellent bi-weekly newslette r on ~ ~ transportation programs ~. includes the first of a two-part report on t results of their recen~ survey 5f city traffic engineers on bicycle and pedestrian issues. Contact: UTM, 703.764.0512 Bicycle Federation of £~erica ~506 Olse Street, NW Washington DC 20036 202.463.6622 =02, 63.6625 BIKEEEDgaoi.com Page 5 Narrower streets. [IIB.':! ',.'.'it i1 street trees. "scale- , i( )Wll" tilt/stl cet anti enc(mrag¢ drivers to inm't, mc>re simvtv. Speed tables ar,2 ifi,:e st;ced bumps, but v,'ider ano mt)re ~:I'fcct~vc at Iorclng {,ars t~ slow tit. JWII ab the5 approacil a pe(iestrlan lt~ilt', Traffic circles, ctrcuiar rased islands centered ',,.qthm mtersecuons that can be planted with trees and other vegetauon, slow Cut-through tra cinresidenuatareasandreducein ury ! accidents. ' ',,Vide and continuous sidewalks are essential for corm%rtable and convement walking. Desl~]n(n~ s[rectscopes/or people, hi,qhligh[ed w][h d~mncl pubh¢ s~¢es. nurtures c0mmunllv tdenmy. Street furrfi ture tums sidewalks into living space, pro,riding people a variety ofplaces to sit. both open and sheltered, from which to talk or watch the activity on the street. Good design and locauon of planters and lightposts, murals on large walls, and fountains also help bring streets tt)life. Public spaces are crucial to a ',']brant street. They can provide focal points where people can read. talk. and pla}', they can soften the street with natural features, and they can help define a community or neighborhood's identity. · Curb bulb-outs, sidewalk extensions atthe comersof intersections, make crossing streets safer by shortenin the crossing distance. Bulb-outs provide a clear visual signal of the crosswalk to approaching drivers and makes waiting pedestrians more visible · "Neckdowns." hndscaped islands that extend from the curb onto the roadway often lining up with parallel parking lanes, can also be used m narrow and beautify tile street. Use of a~ ahernative road surface texture at crosswalks. such as brick, rem forces the message that pedestrians belong m the mtersecuon. 'Troller c,rcleC dow mthc dnd can help begum:' net~hborhoec,. Wa,,hmgton State Energy Office. Mumr]pd SIraI¢fl~e~ [o Increase Pods[mn Tta~d. 1994; C-Tran. A N~ Way ~o 6ro~: 8uti&ha C0mmunm~ lot People. 199 S: Andrew Clarke and M~chad I. Dornlbld. lr~fflr Cdmm~. Aut0-R~mc~ed Z0n~ ~nd Other rrdhr Management Te&mques - Ih,~t Etlem on B~rvrhn~ and Ped~tnam. FHWA Nauonal B~cv~img and Walking Study. Ca~e Study No. 19, USDOT, FHWA-PD-91-028, lanuar~ 1994 jbG1 Florida Pedestrian Planning and Design Handbook Prepared for: Florida Department°f Transportation By: University of North Carolina Highway Safety Research Center March 1997 III III 1. GGlm~ BicyCle Facilities Planning and Design Hand November, 1997 Revise~ Feb?ary, 1998 State S. afet3('Office, MS 82 . ~'(850) 487-1200 Bicycle and Pe'destrian Program Tallahassee, Florida IIIIl'lllllll I IIIIIIII III IIIIIII ' I I I II ' State of Florida Department of Transportation REGISTRATION FORM BICYCLE FACILITIES PLANNING AND DESIGN HANDBOOK February 1998 Revision It' you have alreadv registered an earlier revision there is no need to return this form. To: FLORIDA DEPARTMENT OF TRANSPORTATION BICYCLE/PEDESTRIAN PROGtL.'kM, STATE SAFETY OFFICE 605 SUWANNEE STREET, MAIL STATION 82 TALLAHASSEE, FLORIDA 32399-0450 Telephone No.' ( Fax No.: ( Please register this copy of the Florida Bicycle Facilities Planning and Design Handbook. All future copies should be sent to the above address. THIS DOCUMENT WILL BE PERIODICALLY UPDATED TO REFLECT NEW STAN- DARDS OR RESEARCH. THIS FORM MUST BE FILLED OUT AND RETURNED FOR THIS DOCUMENT TO BE KEPT UP TO DATEe. · ' To be filled out by Pedestrian/Bicycle Program Handbook Number · AGENDA o 3. 4. 5. 6. 7. COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M.. THURSDAY, NOVEMBER 19, 1998 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM. :\DMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, EAST NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LhMITED TO 5 MINUTF. S ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEiIALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE AIJ~O'ITFD 10 MINUTES I'O SPEAK ON AN ITEM IF SO RECOGNIZED BY TIIE CIIAIRMAN. PERSONS WISHING TO IIAVE WRI'FFEN OR GRAPIIIC MATERIALS INCLUDED IN TItE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 3 WEEKS PRIOR TO TttE RESPECTIVE PUBLIC IIEARING. IN ANY CASE. WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY TIIE CCPC SIIALI, BE SUBMI'ITED TO Tile APPROPRIATE COUNTY STAFF A MINIMIJM OF SEVEN DAYS PRIOR TO TtlE PUBLIC ItEARING. ALL MATERIAl, USED IN PRESENTATIONS BEFORE TIiE CCPC WILL BECOME :\ PERMANENT PART OF Tile RECORD AND WILL BE AVAILABLE FOR I'RESENTATION TO TIIE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WIIO DEcIDEs TOT'~igpEAE A DECISION OF TIlE CCVC WILL NEED A RECORD' OF~THE~iPROCEEDINGS PERTAINING THERETO, AND THEREFOKE'!,,~MAy'NEEDV.' ' TO ENSURE THAT A VERBATIM RECORD OF "THE PROCEEDINGS IS MADE, WHICIi RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WIIICII TtIE APPEAL IS TO BE BASED. ROLL CALL BY CLERK ~ar, coc~' ADDENDA TO THE AGENDA Lens t. ant ~ ne~_~d?// 14ac. 'K ~ e - her~' Y .~~ ' APPROVAL OF MINUTES: October 15, 1998 PLANNING COMMISSION ABSENCES: BCC REPORT ADVERTISED PUBLIC HEARINGS: Misc. Corres: . :~' ~ ~,~ ~' :4, Copies To: October 15, 1998 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, October 15, 1998 LET IT BE REME/~BERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in the Building "F" of the Collier County Goverr~en~ Center, Administration Building, Naples, Florida, with the following, memberslPresent: ~ CHAIRPERSON: Michael J. Bruet Michael A. Davis Russell A. Priddy Edward J. Oates, Jr. Michael Pedone Karen Urbanik Gary Wrage Terri Tragesser ALSO PRESENT: Marjorie M. Student, Assistant County Attorney Ron Nino, Planning Services Page 1 io Petition No. PUD-90.19(2), Richard D. Yova~ovich of Roew~l & Andrc~ P.A.. rrpr~entmg the Cleveiar Clkfic of Florida. Inc.. reque~-tmg a r~o~e from "PUD" to "PUD' for the Plamaed Unit Developmem lmo~ az Astron Pl.~.a h~v~ng the effect of rrp~li~g and .~:k~pt+ng a n~w PUD ami Mastrr Plan to allow fi accessory/complimentary medical rehtex[ ~es and to incxea~ the bu//dhag height to 75 feet for ~ located to the north by Pine Ridge Road (C.R. 896), to th~ ~ by Oaks Boulevard. to the south by I0' Stre S.W. and to the west by the D-2 ~ ha Section 17, Tow~,hlp 49 South. Range 26 East. Collier Count Florid~ consisting ofg.$6Z act's. (Coordinator:. Ray Bellow~) Petition No. PUD-98-14, George L. Varn~ioe of Young, vanA~endcrp & Varnadoc. P.A., represenm Granada Shoppe~ Associates. Ltd., re~g a rez~n~ f~om "A' Ru~ Agriculture to "PUD" ph,,ed Ur Development to be known az Granada Shopp~ PUD for a m/xed use co---evcial developm~t conzizting a maximum of 390,000 squa~ feet of gross floor ar~ incisive of rtmil, office and service ~ uses property, located at the south~uto-fi ~ of the intersection of U.S. 41 and lrnmnkalee Road (C..K. ha Section 27, Town.ship 48 South. Range 25 Eazt, Collier County, Florida. consisting of 39.2+ acre (Coordinator. ROn Nino) Petition No. BD-98-33, David B. W01[am, o£ Williams Marine Construction & Service~, repr~enting ~ Bert Crocker, requesting a 50 foot boat dock extension to allow for a 70 foot boat dock for property locate on Kecw~ydin Island. further described as the south 150 feet of the north 300 feet of Lot~ 7 and 8, Sou: Napl~ Shores, in Section 23, Township 51 South~ Kang¢ 25 East, Collier County, Flor/da. (Coordinato Fred Reischl) Petition No. V-98-14, Mark and A~m Htmter requesting a 6.90 foot after-the-fact vaxiam:c from the requ~ 30 foot side yard setback to 23.10 feet for property located at 2121 Oa.k~ Boulevard. ~ described as tt south ¼ of Tract 13, Golden Gate Estates Unit 97, ha Section 29, Tow~hip 49 South. Range 26 Ea~ (Coordinator. Fred ReiscM) Petition No. PSP-98-3, Gary Butler, P.E., of Butler Engineering, Inc., representing AAND, Inc., and Voranado Development, Inc., rtquesting Pr~iirnln,ry Subdivision Pht approval for Living~on Park, locatec cast of Old U.S. 41 on the north sicl~ ofth~ proposexi Livingston Road ali~m~ment, in Section I0, Town~hlp 48 Souttx, Range 25 East, comsisting of 35 acr~. (Coordinator:. Chaluam Ba~) Petition No. v-gg-15, R. Brur.~ A.mie~on ofYotmg, vamkssendm-p & Varm~[oe, re.pr~nth~g I~SG Fami! Limit~[ Parmer~hip-lnu~ok~lee rcques~g a 30 foot vaxiam~ from th~ requited fro~ ym, d ~ of 30 fei too feet along the northern property ~ a~ 11 foot variance from the reqxfixed ~'ont yard seti~.k of 30 fe~ to 19 feet along the eastern pn:rpeny ifi~ an,d a I0 foot varia~e fr~m tl2e required fro~ yard setbar, k of_~ feet to 20 feet along the southern pr~q~rW lhae for property located at 601 West Delsw'~-~ (Immokale Ap~ents) in Section 4, Town.~ip 47 South. Range 29 East. (Coordinator. Ch~hram B~chmtchi~n~ Petition No. PSP-9g-12, Jam~ a. Cam P.E., representing Garrext F.X. Bcyrent, ~g a Preli,~in~, Subdivision Plat approval for Pine Ridge Comer~ located on tl~ north side of Phae Ridge Road, furth¢ ch~cribed as all of Tract 77, Unit 35, Golden Gate Estates, Section 7, Township 49 So,~, Range 26 Ea~ 4.38 aa'~s. (Coordinator. Ray Bellows) Petition No. PDI-98-5, William L. Hoover, AIC'P, of Hoover planning, representing Smiths, Syke~Bloo~ Rynder~Hoover, requesting an im~ubsmntial change det~s,,,ination to tl~ Zurich Lak~ Villas PUD by addix~ a second access point into the ~ located ~ mile south ofl ...... nkalee Road (C.R. 846), adjsex-nt ami o the east side of the eastern botmdary of the 1-75 right-of-way, ha Section 30, Township 48 South, Range 2 East. (Coordinator:. R~y Bellows) Petition No. PUD-98-10, Robert L. Du~n'e, AiC'P, of Hole, Montes & Associates, Inc., representing Colosimo, trustee of Naples Gateway Land Trust, requesting a rezon~ from "E" Estat~ to "PUD" phnne Unit Development to be k~3own as C~mhridge Squax~ for racdical offices and 283 assisted living facilidc umcs for property located on the north side of Pine Ridge Road (C.R. 896) approximately 200 fcct cazt Livingston Road ha Scction 7. Township 49 South. Range 26 East, consisrlng of 12.79_* acrcz. Ray Bellows) 2 October 15, 1998 CHAI~4AN BRUET: Good morning. I would like to call the October 15th meeting of the Collier County Planning Commission to order, and if we could start with roll calls with our court reporter? I can take the roll call. Mr. Priddy? MR. PRIDDY: Here. CHAIRMAN BRUET: Ms. Urbanik? MS. URBANIK: Here. CHAIRMAN BRUET: Mr. Davis? MR. DAVIS: Here. CHAIRMAN BRUET: Mr Bruet, present. Mr. Pedone? MR. PEDONE: Here CHAIRMAN BRUET: Mr. MR. OATES: Here. CP~IR/MAN BRUET: Mr. MR. WRAGE: Here. CHAIRMAN BRUET: And Ms. Tragesser. MS. TRAGESSER: Here. CHAIRMAN BRUET: Russell Budd has a -- has been excused. So we can get through that. Is there any agenda -- addenda to the agenda? MR. NINO: Item H, Mr. Chairman. Item H has requested to be continued. MR. OATES: Mr. Chairman, I would move we continue Item -- Petition Number PDI-98-5 to -- MR. BELLOWS: Four weeks. MR. OATES: -- four weeks. MR. PRIDDY: Second. CHAIRMAN BRUET: There is a motion by Mr. Oates, seconded by Mr. Priddy. Any further discussion? Ail in favor? Opposed? ' Carries unanimously. MR. DAVIS: I think we need to continue Item J, V-98-19 to the -- to our meeting on November 5th, 1998. MR. PRIDDY: Second. CHAIRMAN BRUET: Motion by ~r. Davis, second by Mr. Priddy. Any discussion? Ail in favor? Opposed? Motion carries. MR. DAVIS: Mr. Chairman, on the addenda to the agenda, I notice this time we've got some petitions out of order. We normally keep our PSPs and some of the simpler, quick items at the beginning. MR. NINO: Mr. Chairman, what I attempted to do was determine what petitions may have speakers and, to convenience speakers, I concluded that it would be best to deal with those types of petitions first. If that's not your wish, I will refrain from doing that. Page 2 October 15, 1998 M21. }UkNT: Edward Kant, Transportation Services Director. I just wanted to take a moment to introduce a new member of my staff to the planning commission. As you're aware, we have been running short staffed for the better part of a. year~now, and just recently we managed to hire an engineer to help fill one of our senior positions. I would like to introduce Dale Bathon. Dale comes down to us from the Illinois area, however he has spent about nine years as the assistant city engineer in Vero Beach. He's a Florida registered PE. We're looking for great things. I will not, as you will become aware, always be able to attend your meetings as I've tried to make my custom in the last seven years. But between Dale and myself we're going to continue to do development reviews, we're going to continue to try to make the resources of our department available to you. And if I can't be here, Dale is going to try to be here. And between us we'll try to be able to answer your questions and resolve any issues related to transportation. C}~IRM~ BRUET: Welcome. We're glad you're here. We can assume, then, Ed, that you will have a staffer here most of the time? So many times little issues do come up and we kind of look to each other, and all of the planners don't have the technical background you do. MR. KANT: Yeah. We -- as I say, we're going to try to have somebody -- I'm going to try to make that one of Dale's principal responsibilities is to do the development liaison and the Planning Commission liaison. There may be~ times unavoidably when neither of us can be here but we're going to try to cover this base. I realize the importance of it and, again, I'apologize for not being here as often in the last six or eight months as I've wanted to be. Unfortunately those things happen. Thank you. CHAIRMAN BRUET: Thank you. Anything else, Ron? MR. NINO: No. There's nothing else· CHAIRM3kN BRUET: All those wishing to speak to various issues today need to fill out a small little sheet to allow the staff to call you to the podium when it is the appropriate time to speak. And we like to have those slips made out. It helps us plan how we review each agenda item and makes it much, much easier and more efficient. If you would do that, please. We'll go on into the advertised public hearings. And we will start off with Public Hearing Petition number PUD-90-19, in parens, 2, end of parens. And, this being a public hearing, all those wishing to speak to this particular issue, please stand, raise your hand and repeat after the court reporter. (The speakers were sworn.) CHAIR/WJkN BRUET: Ray? MR. BELLOWS: For the record,~jRay Bellows, current planning Before I get into the presentation I have a revision to the PUD document that was agreed to with-the applicant and staff. Petitioner is requesting to amend the Astron Plaza PUD. As you can see on the Page 4 AGENDA COLLIER COUNTY NOVEMBER 19, 1998 IN TIlE ADMINISTRATION BUILDING, EAST, EAST NAPLES, FLORIDA: PLANNING COMMISSION WILL MEET AT 8:30 A.M.. THURSDAY, BOARD OF COUNTY COMMISSIONERS MEETING ROOM. COUNTY GOVERNMENT CENTER, 3301 TAMIAIvlI TRAIL NOT_FA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEttALF OF AN ORGANIZATION OR: GROUP;ARE .ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY TIlE CHAIRMAN. PERSONS WISHING TO ltAVE WRITTEN OR GRAPItIC MATERIALS INCLUDED IN TIlE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 3 WEEKS PRIOR TO TIlE RESPECTIVE PUBLIC IIEARING. IN ANY CASE. WRI'I~EN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALl, BE SUBMITTED TO 'rite APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC IIEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE TIlE CCPC WILL BECOME A PERMANENT PART OF TIlE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO TIlE BOARD OF. COUNTY COMMISSIONERS IF APPLICABLE. o ANY PERSON WHO DECIDES TO APPEAL A DECISION OF ]'tiE CCPC 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 WItICH TI IE APPEAL IS TO BE BASED~ ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES' October 15, 1998 4. PLANNING COMMISSION ABSENCES: BCC REPORT CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS: ~,~isc. Corres: Date: Item~ Copies To: l'cmion No."i L-98..' ' ~;t:.' stcPltcn T. BUtler, Incl, rcprcseming Arthur Rutcnberu. l lomcs, requesting a five (5) month extension, from July 31. 1998 to December 31, 1998. of the temporary use permit for n model home at 11004 l.ongsbote Way \Vcsl. l.ongshorc Lake Unit 3. (Coordinator: Ross tiocbenaur) o 9. I0. I1. D. IL Pclititm No. I~SP-9~-15. Geoffrey (i. Purse. representing Robert S. Ilardy. rcquesnng Preliminary Subdivision Plat approval fi~r Northbrooke Plaza. located in the NE Quadrant of 1-75 and Naplcs-lmmokalce Road ~C.R. 846}. Scclion 19. Township 48 Somh. Range 26 East. consisting of 39.90 acres. ICoordinator: Ron Nino) Petition No. PSP-98-16, R.A. Gonzalez. P.E.. of Banks Engineering. luc.. representing Mastcrcraft l lomcs. Ltd., requesting Preliminary Subdivision Plat approval for Wyndham Park. located on tile ,,,,'cst side of C.R. 951 approximately 0.6 of a mile south of Immokalce Road (C.R. 8461, itl Scctmn 27. Township 48 South. Range 26 East. conststing of 121£ acres, tCoordmator: Susan Murray) Petition No, I'DI-98.3. Blair A. Foley. P.E.. of coastal Engineering Consultants. Inc,. representing Southpointe Yacht Club. requesting insubstantial changes to tile Southpointe Yacht Club PUD Master Plan design by revising the building footprint locations, relocating a parking 1ol and designating il as marine parking, and by. adding a sidewalk from the.parking lot to tile dock area. to provide for pedestrian and emergency sen'ices for property located %' mile south of Tliomasson Drive in Section 23. Township 50 South, Range 25 East. Collier County, Florida. (Coordinator: Ray Bellows) Petition No. PUD-98-7, Michael R. Fernandez. AICP. of Planning Development Incorporated, representing Mastercraft l tomes. Ltd., requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as Wyndham Park PUD for single family and multi-family residential land uses. for property located on the `.,,'est side of C.R. 951 approximately 0.6 ora mile south of Immokalcc Road, in Section 27. Township 48 South. Range 26 East, Collier County, Florida consisting of 120.85 acres. (Coordinator: Susan Murray) Petition No, CU-98-18. Alvin J. Sandsmark, of Southwest Florida Design and Engineering, representing American Funding and Service corporation, requesting Conditional Use "6" of the "l~MF-6{3)" zoning district for an Adult Living Facility (ALF) for property located on the west side of Goodletle-Frank Road. south of Cypress Woods Drive, east side of 12'~ Street and north of Frank Whiteman Boulevard in Section 22. Township 49 South. Range 25 East. (Coordinator: Ray Bellows) OLD BUSINESS NEW BUSINESS ,, i PUBLIC COMMENT ITEM Petition No. I)I)1-98-5. William L. lloover, AICP, of tloover Planning. representing Smiths. Sykes<Bloom. Rynders/l Ioover, requesting an insubstantial change determination to the Zurich Lake Villas PUD by adding a second access point into the property located V, mile south of Immokalee Road (C,R, 846). adjacent and on the east side of the eastern bounda~ of the 1-75 right-of-way, in Section 30. Township 48 Sou~, Range 26 East. (Coordinator: Ray Bellows) (Continued To ~e Meeting Of December 17. 1998) DISCUSSION OF ADDENDA 1 2. ADJOURN 11;19 98 CCPC AGENDA/md 2 October 15, 1998 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLA/TNING COM/4ISSION Naples, Florida''..October 15, 1998 LET IT BE REMF_~M~BERED, the Collier coUnty Planning Commission in and for the County of Collier,~ having conducted business herein, met on this date at 8:30 a.m. in REGUI. d~d~. SESSION in the Building "F" of the Collier County Government Center, Administration Building, Naples, Florida, with the following members present: ALSO PRESENT: CHAIRPERSON: Michael J. Bruet Michael A. Davis Russell A. Priddy Edward J. Oates, Jr. Michael Pedone Karen Urbanik Gary Wrage Terri Tragesser Marjorie M.~' StUdent, Assistant County Attorney Ron Nino, iPlanning Services 'AGENDA COLLIER COUNTY PLANNING COMMISSION WILl, MEET AT 8:30 A.M., THI/RSDA OCTOBER 15, 1998 IN /HE BOARD OF COUNTY COMMISSIONERS ,MEETING ROO! ADM/NISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAM/AM/ TRA EAST, EAST NAPLES, FLORIDA: ~ INDIVIDUAL SP~ %VILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDWIDUALS SELECI'ED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE AI.LOITED I0 MINUTES TO SPEAK ON AN ITEM IF SO RECOGN~7:vD BY THE ClqAIRMAN. PERSONS WISHING TO HAVE WR1TrEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A M/NIAP, JM OF 3 ~ PR/OR TO THE KESPECITVE PUBLIC }{EARING. IN ANY CASE, WRrITEN MATERIALS INTENDED TO BE CONSIDERh-r] BY THE CCPC SHAI.L BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PR/OK TO THE PUBLIC HEAR/NG. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WI~L BECOME A PERM. ANENT PART OF THE RECORD AND WTLI. BE AVAIIA~BLE FOR PRESENTATION TO THE BOARD OF COUNTY COMM/SSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CC'PC WILL NEED A RECORD OF ~ PROBINGS PERTAINING ~O, AND TKEREFORE MAY ~ TO ENSURE TI'-DkT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TH~ APPEAL IS TO BE BASED. 2. 3. 4. 5. 6. 7. ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES: .September 17, 1998 PLANNING COMMISSION ABSENCES: BCCREPORT CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS: Fo Ho Petition No. PUD-90-19(2), Richard D. YovenoV~ch of Roew. cl & Andrcss. P.A.. representing the Clcveiaa: Clinic of Florida. Inc., requesting a rezone from "PUD" to "PUD" for thc Plnnned Unit Development kno~ as As~ron Plaz~ h~vtng the effect of repe~llng and readopting a new PUD and Maztrr Plan to allow fi acce~sory~complimcnm-y medical r~l,~:d ~e~ and to incre~e the building height to 75 feet for propers. loca--d to the north by Pine Ridge Koad (C.K. 896), to the e~t by O~ks Boulevm'd. to the south by ~0' Stre S.W. md to the west by the D-2 Can~ in Section 17, Tow~-,bip 49 South. IL~ngc 26 East, Collier Count Florid~ consisting of 8.$6~ acr~. (Coor~in:,tor. Ray Bellows) Petition No. PUD-98-14, Gco~e L. Varn~doe of Young, vanAsscnderp & Varnadoc, P.A., rcpresen~ Gr-~md~ Shoppcs Assoch~. Ltd., requ~Hng a rezone from "A" Pu.tr~ Agriculture to "PUD" planned Ur Development to be known ~s Gr'am~ Shoppcs PUD for a mixed u~c comm~ developtm~ co~istmg ~ a rm.ximum of 390,000 squar~ fee~ of gross floor are~ inclusive of ~¢~iL office and service land ~es fi properv/located al the southesxt~d ~ of the inter, cc'don of U.S. 41 and lmmok,~Ice Road (C~R. 84t in Section 27, Townskip 48 South. Range 25 F.~st, Collier County, Flocid~ consisting of ~9.2_~ acre (Coordlnntor. Ron Nino) Petition No. BD-98-33, David B. Williams of Wiiliam~ Marine Construction & Services, representing ~ Bert Crocker, requesting a 50 foot boat dock cxtx'mion to allow for a 70 foot boat dock for property locatt on Keewaydin Island. further d~cnbed ~ the south 150 feet of the north 300 feet of Lots 7 anti 8, Sou: Naples Shores, in Section 23, Township $ I South, Range 25 East, Collier County, Florida. (Coordlnam Fred Reischl) Petition No. V-98-14, Mark and Ann Hunter requesting a 6.90 foot alter-thc-fact variance from the requtrc 30 foot side yard setback to 23.10 feet for property located at 2121 Oala:s Boulevard. ~ described ~ ti south ¼ of Tract 13, Golden Gate F_states Unit 97, in Section 29, Township 49 South, Range 26 Ea~ (Coordinator:. Fred Reischl) Petition No. PSP-98-3, Gary Butler, P.E., of Buffer Engineering, Inc., rcln'esenting AAND, Inc., and Voragado Development, Inc., requesting Preliminary Subdivision Plat approval for Livingston Park, locatec e~st of Old U.S. 41 on the north side of the proposed Livingston Road aliEnment, in Section 10, Town_~hip 48 South, Range 25 East, consisting of 35 acres. (Coordinator:. Chahram Badamichla,) Petition No. V-98-15, IL Bruce Anderson of Young, vanA~enclerp & Vamadoe, representing R~G Fzmi! Limit~cl Partnership-h'~',,okalee requesting a 30 foot variance from thc required from yard sethar, k of 30 fe~ too feet along the northern property ~ an 11 foot variance from thc required front yard setback of 30 let to 19 feet along the eaitem property linc ~,d a 10 foot variance fi'om thc required front yard se~ack of 3 feet to 20 feet along the southern property line for property located at 601 West Delsware (Immokak Apartments} in Section 4, Township 47 South. Range 29 East. (Coordinator. Chahram Baxtamtchlan} Petition No. PsP-g8-12, $am~s a. Cart, P.E., representing Garren F.X. Beyrent, requesting a Preliminar SubcLivilion Plat approval for Pine Ridge Comers located on the north side of Pine Ridge Road, furth~ d~cribed ~ all of Tract 77, Unit 35, Golden Gat~ E~tates, Section 7, Township 49 South, Range 26 Eas 4.38 acres. (Coordlnamr. Ray Bellows) Petition No. PDI-98-5, William L. Hoover, AICP, of Hoover planning, representing Smiths, SykcsaBloon Ryudcr~Hoover, requesting an insubstantial change det~,~ination to the Zurich i~,,,- Villas PUD by addin a second accexs point into the ~ located ~ mile south of I,-mokalee Road (C.IL 846), adjar_-m and o the east side of the eastern boundary of the 1-75 right-of, way, in Section 30, Township 48 South, Range 2 F~st. (Coordinator: Ray Bellows) Petition No. PUD-98-10, Robert L. Duan'e, .MC'P, of Hole, Montes & Associates, Inc., representing .th Colosimo, mtstee of Naples Gateway Land Trust, requesting a rezonc from "E" Estates to "PUD" planne Unit Development to be known as Cambridge Square for medical offices and 283 assisted Living facilifie units for property located on thc north side of Pine Ridge Road (C.IL 896) approximately 200 feet cast Livingston Road in Section 7, Township 49 South, Range 26 East, consisting of 12.79_.+ acres. (Coordinatm 2 Pcfido. No. V-98-19, Jay R~lzzn~hy, represcming Gulf C~ D~clo~ Gms, LC. ~g ~val to ~e ~c ~~ p~,~d floor ~ ~o of .4~ ~ .66 to c~ a ~g ~ a ~ of ~91 sq~ f~t for ~ ~m~ ~ Ling F~ ..a ~ ~ ~g Fa~ for ~ lo~gd to ~e sou~ of V~nd~flt Begh m~ ~o~ ~ of ~m Bo~ ~ w~t of V~ Boulev~ ~ ~mb~ ~ Ta~ S-l, V~ U~t 3, ~ S~on 5, To~.~ 49 Sou~ ~ge 26 E~ (Coo~in~mn S~ M~y) (Con~ued to ~g ~g of Nov~ 5, 1998) 10. I1. 12. OLD BUSINESS NEW BUSINESS A. Election of Officm's PUBLIC CO~ ITEM DISCUSSION OF ADDENDA 1011198 CCPC AGENDA/md ~.~ ..... '~ October 15, 1998 CHAIRMAN BRUET: Good morning.~ I~would like to call the ~ctober 15th meeting of the Collier County ~lanning Commission to order, and if we could start with roll calls with~our court reporter? I can take the roll call. Mr. Priddy? MR. PRIDDY: Here. CHAIRMAN BRUET: Ms. Urbanik? MS. URBANIK: Here. CHAIRMAN BRUET: Mr. Davis? MR. DAVIS: Here. CHAIRMAN BRUET: Mr. Bruet, present. Mr. Pedone? MR. PEDONE: Here. CHAIRMAN BRUET: Mr. Oates? MR. OATES: Here. CHAIRMAN BRUET: Mr. Wrage? MR. %~RAGE: Here. CHAIRMAN BRUET: And Ms. Tragesser. MS. TRAGESSER: Here. CHAIRMAN BRUET: Russell Budd has a -- has been excused. So we can get through that. Is there any agenda --~..addenda.to the agenda? MR. NINO: Item H Mr[. Chairman.' rem H has requested to be continued. MR. OATES: Mr. Chairman, I would move we continue Item -- Petition Number PDI-98-5 to-- MR. BELLOWS: Four weeks. MR. OATES: -- four weeks. MR. PRIDDY: Second. CHAIRMAN BRUET: There is a motion by Mr. Oates, seconded by Mr. Priddy. Any further discussion? All in favor? Opposed? Carries unanimously. MR. DAVIS: I think we need to continue Item J, V-98-19 to the -- to our meeting on November 5th, 1998. MR. PRIDDY: Second. CHAIRMAN BRUET: Motion by Mr. Davis, second by Mr. Priddy. Any discussion? All in favor? Opposed? · Motion carries MR. DAVIS: Mr. Chairman,'~on"the'~addenda to the agenda, I notice this time we've got some petitions out of order. We normally keep our PSPs and some of the simpler, ~quick~items at the beginning. MR. NINO: Mr. Chairman,'what I.attempted to do was determine what petitions may have speakers and,~!to convenience speakers, I concluded that it would be best to deal with those types of petitions first. If that's not your wish, I will refrain from doing that. Page 2 October 15, 1998 CHAIRMAN BRUET: No. That was some direction that we had started to go in a while ago. What's the pleasure of the board? MR. PEDONE: I'd say let the speakers leave, you know, get them finished before. MR. DAVIS: Yeah. That's fine. CHAIRMAN BRUET: Leave it in the same order? MR. DAVIS: I don't have a proble_m with that. CHAIRMAN BRUET: Okay. We'll leave them in the same order. Approval of the minutes. MR. OATES: Mr Chairman, I move we approve the minutes of September the 17th, 1998. MR. WRAGE: Second. CHAIRMAN BRUET: A motion by Mr. Oates, seconded by Mr Wrage Any discussion? ' ' Ail in favor? Opposed? Motion carries. Planning Commission absences. MR. PRIDDY: Mr. Chairman, I don't have any absences planned, but at 11:00, or shortly before, today I will be disappearing. CHAIRMAN BRUET: Thank you. I think we still will have a quorum. Anybody else have a scheduling conflict? MR. PRIDDY: And we may be through completely by 11:00. CHAIRMAN BRUET: That would be nice. MR. OATES: Peachy. CHAIRMAN BRUET: BCC report. MR. WRAGE: The speaker seems to have left. MR. OATES: You can see how much authority you have. Here he comes. CHAIRMAN BRUET: BCC report. MR. NINO: No report from the board. CHAIRMAN BRUET: Very good. Hot off the press. MR. NINO: Other than the. fact that the petition dealing with the school on Seagate or the college did'not have a majority vote so therefore it failed. Otherwise, all other petitions were approved. MR. OATES: Technically it did have a majority vote, it just didn't have a 4-1 vote. MR. NINO: Super majority. I'm sorry. MR. PRIDDY: Ron, I have one other question, and I had asked you this before. The load mulching operation out on Immokalee Road across from the rock pit, I see that they have some things going on there, but I was under the impression that that had been turned down. MR. BELLOWS: Yes. That petition was denied, but the petitioners came in with a site development plan to do agricultural-aided uses or permitted uses in the agricultural district, and that's what he's proceeded to do. MR. PRIDDY: Oh, okay. I had just seen some activity there and -- MR. KANT: Mr. Chairman? MR. CHAIRMAN: Mr. Kant? Yes. Page 3 ~'~'~ ~ October 15, 1998 I~R. FJ%NT: Edward Kant, Transportation Services Director. I just wanted to take a moment to introduce a new member of my staff to the planning commission. As you're aware, we have been running short staffed for the better part of a year now, and just recently we managed to hire an engineer to help fill one of our senior positions. I would like to introduce Dale Bathon. Dale comes down to us from the Illinois area, however he has spent about nine years as the assistant city engineer in Vero Beach. He's a Florida registered PE. We're looking for great things. I will not, as you will become aware, always be able to attend your meetings as I've tried to make my custom in the last seven years. But between Dale and myself we're going to continue to do development reviews, we're going to continue to try to make the resources of our department available to you. And if I can't be here, Dale is going to try to be here. And between us we'll try to be able to answer your questions and resolve any issues related to transportation. CHAIRMAN BRUET: Welcome. We're glad you're here. We can assume, then, Ed, that you will have a staffer here most of the time? So many times little issues do come up and we kind of look to each other, and all of the planners don~t haVe the technical background you do. MR. KANT: ~gh. We -- as I say,. we're going to try to have somebody -- I'm going to try to make that one of Dale's principal responsibilities is to do the development liaison and the Planning Commission liaison. There may be times unavoidably when neither of us can be here but we're going to try to cover this base. I realize the importance of it and, again, I apologize for not being here as often in the last six or eight months as I've wanted to be. Unfortunately those things happen. Thank you. CHAIRMAN BRUET: Thank you. Anything else, Ron? MR. NINO: No. There's nothing else. CHAIRMAN BRUET: Ail those wishing to speak to various issues today need to fill out a small little sheet to allow the staff to call you to the podium when it is the appropriate time to speak. And we like to have those slips made out. It helps us plan how we review each agenda item and makes it much, much easier and more efficient. If you would do that, please. We'll go on into the advertised public hearings. And ,we will start off with Public Hearing Petition number PUD-90-19, in parens, 2, end of parens. And, this being a public hearing, all those wishing to speak to this particular issue, please stand, raise your hand and repeat after the court reporter. (The speakers were sworn.) CHAIRMAN BRUET: Ray? MR. BELLOWS: For the record,'Ray Bellows, current planning staff. ' Before I get into the presentation I have a revision to the PUD document that was agreed to with the applicant and staff. Petitioner is requesting to amend the Astron Plaza PUD. As you can see on the Page 4 October 15, 1998 location map, it's located on the south side of Pine Ridge Road and on the east side of 1-75. Petitioner is requesting to add additional uses to the approved PUD document that are compatible and similar to the uses in the Cleveland Clinic and the Vineyards PUD across the street. They are also requesting a change in the height. The handout I just gave you provides the correct'language that the staff has agreed to. These -- Item 5 under Section 3.4, Development Standards, the Maximum Height. The original application was for a seventy foot high tall structure Staff was not supportive of seventy-five feet and we were looking for something more towards fifty-six feet. However, with increased setbacks for any structure over five feet, staff recommended 125 feet setback and we would support a taller structure up to sixty feet. And the language in this PUD document page is what we are requesting. CHAIRM3kN BRUET: Any further questions of staff? Does the petitioner -- Ken. MR. CUYLER: Good morning. For the record, Ken Cuyler with the law firm of Roetzel & Andress. I have Mr. Jeff Nunner here as well. We know that you have been over the documentation provided by staff. As you noted, this PUD is an existing PUD. It's a commercial PUD. It's been commercial for a number of years. It is in an activity center. We have discussed all of the stipulations, requests from staff, in fact have agreed to all stipulations requested by staff. We only really want to point out that this is fully consistent with the comprehensive plan and uses are very similar to the other quadrants in that area. We're available to answer any questions that you have and if there's any speakers I would like to reserve a little time to speak after the speakers as well. .~ ~ .~ .... ~ .x.~ .. CHAIRMAN BRUET: Does the board have any questions for the petitioner? ,~ .... Does anyone care to speak to thisTissue from the public? MR. NINO: I have a Tracy Gray. 'That's A-Y. CHAIRMAN BRUET: Good morning. If you could state your name and spell your last name it's always helpful, please. MS. GRAY: Good morning. Tracy Gray, T-R-A-C-Y, G-R-A-Y. Recognizing the site map, it is a bit illusive to the fact, there aren't four lots. There's ten people directly impacted by this development. What I'd like to have you consider is the traffic impact, the lighting that will be continually in my bedroom window, the loss of aesthetic value. Keep in mind that the west is available. The original clinic across the street has no direct impact to residential people. What I would like you to do is, if there's any cause to keep it lower, smaller, less lit and better landscaped, I'd appreciate it. We realize that this area is going to be the center of town, and we're looking forward to that in the future. Just keep in mind there are people that live across the street, and I represent all of them at this time. Thank you. CHAIRMAN BRUET: Staff, can you get her comfortable with a couple of those issues, please? .~,~< ,':. ,~,. ,' ,;~f'~': . ...... ~-'~"', ~ ....... ; Page 5 October 15, 1998 MR. BELLOWS: Yeah. As typical with the other PUDs in this activity center that abut estate zoned properties, we're requiring an additional eight foot tall wall with landscaping, which would include a minimum of trees and shrubs, of trees spaced fifteen feet on center and a single row of shrubs three feet on center. And they are supposed to reach a maximum height a lot higher than their code currently requires. The wall has an architectural finish to it. With the increased setback of 125 feet for any tall -- any structure over five stories, staff would feel that there's no direct impact on the estates as it would be if there were no increased setbacks. MR. OATES: How about the light situation? MR. BELLOWS: Yeah. And that's also typical for all PUDs that all shield -- lighting should be shielded from the residential communities. MS. GRAY: Is there going to be a ~ignai put there prior to construction? MR. BELLOWS: Signal at the -- MS. GRAY: At Napa and Pine Ridge.' MR. BELLOWS: At Napa? MR. KANT: Edward Kant. Yeah. We -- we have an agreement with the -- we, the county has an agreement with the Cleveland Clinic and several of the other adjacent land owners to provide improvements to the -- both the Napa Boulevard and Pine Ridge Road intersection and the northbound 1-75 ramp and Pine Ridge Road intersection. That -- most of that work was originally going to be done when Pine Ridge Road was six-laned, but that's going to be another year, year and a half out. So, we're about to go before the board with a request -- as a matter of fact, this coming Tuesday -- yeah. Thank you, Jim. Yeah. This Tuesday, the 20th, there will be an agenda item requesting that the board approve an acCelerated construction start for the portion which will include the signalization and the ramp improvements only, not the six-lane, just the signal. So that will come about, based on my experience, significantly before anything is done on this property. CHAIRMAN BRUET: Thank you. . MR. DAVIS: I think it's -- Mr. Chairman, it's important to point out too that the left out of the right end requirement that staff and the petitioner have agreed to is important because, as Miss Gray pointed out, the residential area there, that's going to keep that traffic from cutting through% . MR. BELLOWS: That's correct. The intent is not to have through traffic through the estates. So it would be limited to right in. MR. DAVIS: Yes. I think that's to be applauded. MR. PRIDDY: I have a question of Clarification. You-all have agreed on sixty feet; is that -- high? MR. BELLOWS: Yes. MR. PRIDDY: Okay. MR. BELLOWS: The -- that's the maximum height. Some stories might be taller than others. So, to qualify what a story is, we're not going to let them go past sixty. Page 6 October 15, 1998 MR. PRIDDY: Okay. But sixty feet is the -- ~R. BELLOWS: Max. ~iR. PRIDDY: -- cap of any building, irregardless of where it's located? MR. BELLOWS: Over the first ~floor of garage. CHAIRMAN BRUET: With par~ing below? MR. BELLOWS: Parking below. CHAIRMAN BRUET: But the total height of the structure? MR. BELLOWS: Yes. I think that's what Mr. Cuyler was going point out, yes. Parking below. CHAIR~U~N BRUET: Okay. We'll make sure we all understand that. MR. CUYLER: The way the language, I believe, is written is five habitable stories over parking with a maximum of sixty feet over one sto~f of parking, so the sixty foot max would be over the one story of parking. MR. PRIDDY: So that's different than what we were just talking about. That could be seventy -- MR. BELLOWS: Yeah. Typically the parking is below the foot elevation or before the finished floor would normally be anyways. MR. PRIDDY: So we could have seventy -- be seventy feet in the air with the top before you're done? MR. CUYLER: Could be seventy, yes. MR. PRIDDY: Okay. And the Cleveland Clinic, I think we approved at seventy-five -- MR. CUYLER: Yes. MR. PRIDDY: For the feet MR. BELLOWS: Yes. ~The Cleveland Clinic is seventy-one, approximately. MS. TRAGESSER: Question of staff. Is there a helipad at the Cleveland Clinic? MR. BELLOWS: Across the street? MS. TRAGESSER: Uh-huh. MR. BELLOWS: I'm not familiar with that project. MS. TRAGESSER: Does anyone know? MR. CUYLER: I'm sorry. Let me answer my question, then I'll answer whatever I just didn't hear there. Mr. Nunner points out that the Cleveland Clinic, in fact, that PUD is allowed to go to a hundred feet. And that is in the northeast quadrant, the PUD across the street. And somebody asked a question? MS. TRAGESSER: Yes. Do you know if there's a helipad at Cleveland Clinic; are they going to be receiving -- MR. BELLOWS: There will be. MS. TRAGESSER: It's planned? MR. BELLOWS: Yes. And the structure -- the PUD allows for a hundred feet but the structure on the site development plan that it pulled was approved at seventy-onei~.feet for the hospital structure currently under constructiol MR. CUYLER: Mr. Nunner ~s that briefly. MR. NUNNER: Yes. My.name .iS~.Jeff -- CHAIRMAN BRUET: Excuse me'!'!!~'Did you -- are you sworn in? Page 7 October 15, 1998 MR. PK/NNER: Yes, I did swear in. CHAI~4AN BRUET: Thank you. MR. NUNNER: Yes, sir. My name .is Jeff Nunner with The V Group of Florida. And to answer your question about the helipad, yes, we are working with Diane Flagg and the EMS department to coordinate a helipad. If it doesn't happen while the clinic project is under construction, it will happen while the hospital project is under construction. MS. TRAGESSER: And is that going to be a rooftop helipad or -- MR. NUNNER: We're looking atiwhat options are available on site. We would like to keep it at~gradeiljust for cost reasons. If it's prohibited for some reason to h~elit at grade, we will look at a rooftop structure iI CHAIRMAN BRUET: Thank you ..... Any further questions of the petitioner? If not, I'll close the public hearing. Pleasure of the board? MR. OATES: Mr. Chairman, excuse me, I move we submit PUD-90-19 to the Board of County Commissioners with a recommendation of approval. MS. URBANIK: Second. CHAIrmAN BRUET: There is a motion by Mr. Oates, seconded by Ms. Urbanik. Any further discussion? MR. NINO: Excuse me. The PUD addresses a building of seventy-five feet, doesn't it? MR. BELLOWS: No. We've changed that. That's the handout page. MIR. NINO: Ail right. CHAIPR4A_N BRUET: Morning, Ron. There is a motion by Mr. Oates, seconded by Ms. Urbanik. Any further discussion? ~i~i~ . Ail in favor? ',~'~. Opposed? Motion carries. We'll move forward to PetitionNumber PUD-98-14. This is a public hearing. Ail those wishing to speak to this issue please stand, raise your right hand and repeat after the court reporter. (The speakers were sworn.) CHAIRMAN BRUET: Thank you. MR. OATES: Mr. Chairman -- CHAIRMAN BRUET: Yes. MR. OATES: -- as my wife is a partner in the piece or the partnership that owns this particular piece of property, I will be recusing myself from the discussion. CHAIRMAN BRUET: Thank you, Mr. Oates. MR. NINO: For the record, mY name is Ron Nino with current planning staff. PUD-98-14 is a PUD which has a commercial development strategy that will consist of 300,000 square feet of -- up to 300,000 square feet of retail floor space and 90,000 square feet of office space. It is located on the southeast corner of Immokalee Road, or Page 8 October 15, 1998 CR846, and U.S. 41, or the North Tamiami Trail. That location is designated as an activity center-on the future land use element to the county's growth management plan. That is a statement that suggests that preferential use is commercial for lands that are located within an activity center. I make that statement because activity centers are the only locations in Collier County where commercial activity has been provided for, other than on those historically vested sites. This future land use element does not have a threshold and it -- as to how much or what is the intensity of the commercial development that may occur within activity centers. In view of any threshold indicator, this petition is consistent with the future land use element. And I'm going to get back to the discussion of intensity of use a little later. The petition has been reviewed for consistency with the traffic circulation element and other related elements of the growth management plan, including the open space provision and natural vegetation preservation requirements, sewer and water, drainage, and those review -- those people with jurisdictional responsibility for those types of reviews have assured us that this PUD, as constructed, is consistent with those elements of the growth management plan. I want to come back to intensity of use. I indicated the growth management plan does not have any threshold that address intensity, however, we do have a history of the development within activity centers, and that history of activity has produced, in my opinion -- I'm told by Barbara Cacchione that I'm the only person that found that historical reference -- but, as a general rule of thumb -- and we've talked to you about this on previous occasions -- on the general rule of thumb, we've always concluded that 10,000 square feet of development per acre of commercial activity is an acceptable intensity level. This petition is consistent with that rule of thumb, and I think many of you will recall that I've talked to you about that on previous similar developments within activity centers. Getting down to the basic issues of planning standards that suggest why it's appropriate to zone or not to zone property. You know we have the issue of consistency with the growth management plan as probably the most important of the-criteria that determines when a legislative body may or may not recommend and support or approve a re-zoning. We have consistency. But aside from consistency, you as planners and we as planners need to find that the project is compatible. That's -- that's a major evaluation criteria in all re-zoning cases. You look at this property and it becomes very obvious that, if you take the more narrow perspective of compatibility, which -- which is really what drives the compatibility issue, and that is, what's, its'impact to adjacent properties? Well, on the north we have commercial~ on..the west we have commercial, on the east we have a bit of agricultural and we have a semi-industrial type of development. And on the' south we have a lot of golf course development. Pelican Marsh really doesn't have any housing up against the south side. So clearly in terms of the more narrow definition of compatible, clearly development of this property with commercial is Page 9 October 15, 1998 compatible, based on that measurement criteria. However, if you look at compatibility in terms of its impact on the broader community, it becomes obvious that the -- and the staff report addresses it, that is that it has -- there is some traffic significance to any development that's going to occur in that property, whether it be commercial, residential, just the urbanization, the process of urbanizing the rest of that area is going to have an impact. It's going to create traffic and, to that extent, people moving about the greater community may find some level of inconvenience if the county doesn't act responsibly and step up to the plate and address!~the level of service requirements which we have to do by law, otherwise we look at a situation of the big A -- M, moratorium. So that we have those built-in legal constraints that makes sure traffic flows with some degree of comfort. And those are the only standards we have, you know. And therefore if we can say that those standards are complied with or will be complied with, then we have to suggest to you, from a planning point of view, that, not only is this project compatible on the more narrow scope, but it is compatible on the larger -- its larger impacts as well. We have had no formal objections raised to this petition. I might add that, because of a timing situation and because of quorum problems with the EAB, this petition has not been to the EAB as of this point in time. However, the PUD document does include staff's environmental conditions that they will be bringing to the EAB. And, to the extent that the EAB meets in October, adjustments will be made, I'm sure, to reflect the EAB considerations -- EAC or -- it's EAB, yes. I do have a letter from the Naples Park Area Association that I received that -- I found in my out box this morning -- in my in box, I mean. I think there's an extra one there. We -- staff is comfortable recommending the adoption of this PUD, and I'd be happy to answer any questions~U~i/.~i.~.~ CHAIRMAN BRUET: :~"~ ~ Thanks,. Ron..~,~ ,~ :~ ~?..:: MR. WRAGE: Mr. Chairman, I.apologize. I had conversations with agents of the petitioner, which I think most of us probably did. CHAIRMAN BRUET: I'm -- my -- I'm at fault too. I should have asked that of the members. I also had a conversation with the applicant. MR. PEDONE: MS. URBANIK: MR. PRIDDY: the applicant. MR. DAVIS: did also. did also. did have conversations with representatives from I did not. MS. TRAGESSER: :4r. Chair, I want to recognize that I did have conversations with the petitioner and also the communities in the surrounding area. CHAIRMAN BRUET: Thank you. MR. DAVIS: Mr. Chairman, if -- before Mr. Varnadoe gets started, this letter -- this letter we just received from the Naples Park Area Association, if I could just ask Mr. Nino. The project, as submitted, meets all the stormwater runoff requirements and retention of water on -..'~:'..,-,,: ~.'~.: .~.,.~:.:,~.,. ? Page 10 October 15, 1998 site and -- I mean, that's all part of our land development code? MR. NINO: Yes, sir. It's part-of our code. It will have to meet those requirements. MR. DAVIS: Okay. And the other -- the other point about the type of uses I think are -- we're going to hear about anyway, so that addresses the two points here. CHAIRMAN BRUET: Have you had an opportunity, George, to see this letter? MR. VARNADOE: Just now, Mr. Chairman. CHAIRMAN BRUET: Go ahead. MR. VARNADOE: For the record, George Varnadoe here on behalf of Granada Shoppes Associates, which is'a joint venture between the Courtellis Group and the Barron Collier interest. The proposal, as Ron explained to you, is to have a mixed used PUD on 39.2 acres, mixed use of retail and office uses. As he pointed out, this is in the activity center, so the uses are consistent with the growth management plan, the future land use element. Also here today, Alan Reynolds from Wilson, Miller, Barton and Peek. He'll be speaking to some planning very briefly. Wayne Arnold, also from Wilson, Miller. Bill Oliver from Tindale, Oliver who did the traffic study, so if you have any questions on traffic we can have him answer the questions. And, of course, Mark Morton representing the Barron Collier interest. The -- when we did the market studies -- you know Courtellis Group did the Waterside Shops. When we did the market study for this property, it was determined that there really wasn't a demand for another specialty center, and that's what Waterside is, a specialty center, mainly regional uses, if you would, in that issue, but there was a demand for a traditional shopping center in the sense that an L-shaped shopping center is traditional. So the goal then became, we don't want to just do another L-shaDed shopping center, what can we do? We want to make the best one in Southwest Florida. We really want to raise the bar on commercial development in this area and have a sense of place in North Naples, which, frankly, being a resident up in that area, I think we lack. The PUD master plan is on my left over here of the three exhibits. Then we have the aerial and then we have an illustrative plan, which is not part of the record, but I'm going to speak to that just a little bit because it does demonstrate some of the things that we are trying to accomplish architecturally and design-wise in the project. And what -- Alan will amplify and go into a lot more detail on these, but, for example, I think that one of the things we have tried to do is have a well-integrated pedestrian system throughout the center to make this pedestrian f~iendly. My wife dragged me over to the Target shopping center on Sunday to get something, and the most dangerous part of the trip was once I qot out of the car, getting to the sidewalk because of the interface of pedestrians and vehicles. Here we tried to avoid that and actually are going to have landscaped walkways through the parking area so that you can park, you get on this path and you walk in, a concept we Page 11 October 15, 1998 picked up from other parts of the state, something I think is a really -- a great feature to have in these open type of shopping environments. Also, starting at the corner,~ rather than push a building around the corner we have incorporated some water~ features around the corner. There will be a public -- a little Pavilion, a gazebo, non-commercial, just kind of a project identifier,, a place that you can take your ice cream cone or whatever and walk.out~and sit and enjoy the lake. As you can see from the lakes, we ~ave pushed some of the lakes to the outside of the project. Traditionally everywhere in this state you put the commercial as far out towards the road as you can get it, put the lake in the back, hide the lake and so you have your maximum exposure for your retail. Here we've tried to put some of the amenities out for the traveling public and not to crowd the road with intensification. The main reason I'm using this exhibit, as you can see from this exhibit, rather than having a bunch of little bays run back in here, we have pushed some of the smaller uses out in front of the center. The purpose is -- and not, again, to pick on any development, but riding down the other day and looking at the Dillards building on the -- in the mall. Not a bad looking building, but you've got this fifty, sixty feet of just sheer block that hits you when you look at it. Here what we're trying to do is have some transition or articulation in height and have some single story uses out in front of the more massive, big block uses behind, therefore breaking up the mass and giving you a more pleasant viewing experience. And Alan's got some renderings that will -- Mr. Davis, I see you looking puzzled at me -- that., will, will demonstrate that more than my word picture can. ~ ' Also, we have in the PUD some very good standards, I think, that Mr. Arnold and Mr. Reynolds worked on as far as having integrated and coordinated architectural ~theme,~ coordinated and consistent signage, landscaping, building colors, building materials, roof materials, so that we're not going to have my least favorite new buildings, the McDonald's with the bright red tile roofs and the stark white buildings in this center. The office uses, which brings me to a point. We have two parcels that are restricted to office use only, this parcel up against Pelican Bay -- excuse me, Pelican Marsh. For I think obvious reasons it's a good transition as opposed to putting retail, and also across from the north end of the Riverchase Shopping Center and, of course, Collier's Reserve back in this area here. This parcel is also reserved for office use only. We had met with representatives of the Second District Association. We also met several times with Collier's Reserve, their committee, and we actually gave a presentation to their homeowners just this week. The one issue that they raised that we can respond to today is that we had a six-story height provision in the PUD for the office, two-story for the commercial but six sto~; for the office, and they thought that was excessive and we agreed to then reduce that height to four stories.~?~So the~maximum height in the PUD for office October 15, 1998 would be four stories. Let me talk about transportation for a minute, because whenever you do anything in these activity centers, I think transportation is and becomes an issue. First, as far as the accesses to the center -- and we tried to coordinate them. I think you best see it and you can MR. NINO: Hooray. ~R. VARNADOE: Let me get both of' these oriented the same way so I can keep it straight. Our east access point here is shown right here, and that lines up with the secondary access to the Riverchase Shopping Center. And you really can't see it too well on that, but if you look on here there is a road that connects the Riverchase Shopping Center all the way over to their main entrance and that entrance we were talking about here would be our main entrance. As you know, there is a westerly entrance on Immokalee Road here into Riverchase, and that's where we had the fatality this past season. I know that the county is talking about putting some restrictions on turning movements there. We have an entrance/there. What our proposal is that we're talking to the transportation department at least in a four-lane condition is to allow a left turn -- left turns in at that position but no left turns out so youavoid that movement like that into oncoming traffic, which was the problem. We expect this will justify a signal in the future, which will also help traffic calming in that area. And as long as -- the traffic consultants assure us that as long as that is synchronized with the signal into the Creekside Commerce Park, traffic will flow and it will have a good flow along there. On U.S. 41 our main access point is here, which is here, which is 107th. That is basically dictated by FDOT, and their widening program. 107th is going to be the full median opening intersection and the only one between lllth and, I think, Ed, all the way down to the Pelican Marsh? MR. KA/~T: 99th. MR. VARNADOE: 99th. So that -- for obvious reasons, that would be the intersection in discussions with FDOT that will warrant a signal also. As our transportation analysis has shown, and as your staff has agreed, we're consistent with your traffic circulation element. As you know, there are two tests,~ number one, do we have a five percent impact on any county roads,~ and then, number 2, do we cause any of those roads to go below an acceptable level of service, or the adopted level of service? In this instance the only two roads that we had a significant impact on were U.S. 41, of course Immokalee Road in, you know, close to the project, but in neither case do we cause either of those roads to go below an acceptable level of service. Therefore, the only mitigation ~he county can require is, obviously, the impact fees, which in this case are 900,000, more or less, to this project. I would like to turn this over to Mr. Reynolds. He's got a few points I think he wants to make, and I would like to reserve time. Page 13 October 15, 1998 There are some speakers here. I would like to reserve time to address any issues they may bring up.~ I would be glad to answer any questions you might have at this Point in time. MR. REYNOLDS: Good morning. CHAIRMAN BRUET: Good morning, Alan. MR. REYNOLDS: Alan Reynolds with Wilson, Miller. Four points that I would like to address this morning. When we started this process we were challenged by our client to take a really hard look at the site planning that has occurred with existing shopping centers, to critique that and then come up with some solutions to what we have found to be some basic problems with planning of shopping centers, and George has referred to a couple of those. What I'm going to talk about are the four key elements of the site plan. First is the vehicular access and circulation system on the plan, the second is the pedestrian circulation system, the third is the architectural design of the center itself and the fourth is the landscape architectural design features. And I think I'm going to primarily refer to the PUD plan as opposed to the illustrative plan because I think it really emphasize the points. Following George's lead here, and put this up for everything. First, on the point of vehicular access, the objective in any kind of site planning for a center of this type is to maximize the safety and convenience of the driv~rs~ coming into the site, going out of the site and then circulating through the site. The best way to do that is to first make sure that you'~ve concentrated on locating your external access points at the appropriate locations. George has already addressed how those points were arrived at. The second thing is, once you have your drivers in the center, making sure that you have a very well-defined circulation system on the site plan. Now, what you find, oftentimes when you get into a center, almost every center will have a vehicular access along the front of the shops itself. It's required for safety purposes. But once you get back into the rest of the center you find that often it's a discontinuous system where you have to navigate through parking areas and discontinuous driveways to circulate through the system. If you look at the site plan you can see that when we line up on our primary access points here, we have created actually two loops through the site. One is the traditional loop that you're going to have along the front of the main center. The second is a loop that connects the two primary access points through the, through the north and the western side. Those circulation systems do not have any parking located on them, so they are free for circulating vehicles and provides for a better access into the parking areas. That's important for a couple reasons. Number one, it keeps people on the loop drives until they get to the place where they want to park so you can minimize the conflicts with pedestrians and also prevents people from cutting through parking areas~ol ,to get to a place that they want to Dark. .,,!~,!~ii~: George has already taike¢ where our primary and secondary access points -- the primary goall, that you try to get to with your Page 14 October 15, 1998 vehicular access is to distribute the trips to the external road network as well as possible. And I think we have clearly shown how that would occur in the center. Excuse me. Let me talk about the pedestrian system for a second because, once again, I think we've spent a great deal of time in thinking of how the pedestrian flow is going to work in the center. Typically what you're going to find in a shopping center is the pedestrian flow occurs, or the accommodation of that occurs right, again, in the front of center. Most centers have some kind of a pedestrian way. What you don't find is a well-designed pedestrian circulation system with parking areas and on the perimeters of the site. And those are highlighted again on the PUD plan. You can see that first of all, the shopping center access that we have put along the front, we have actually incorporated into the PUD Specific design standards for that to make that an enjoyable experience for the shoppers. What is different about this plan is that we have incorporated the -- these two pedestrian connectors from the shopping parking areas to the center itself and what we call the perimeter pedestrian system, which runs along here and ties into the external network. That allows people to go basically from some of the freestanding uses on the perimeters to the main center, and also to connect -- if you'll see at this location and at this location and at this location, to the external network. So pedestrians that would come into the center can actually get from the road all the way through the site on a well-defined pedestrian landscaped system that's clearly marked so that they don't have to traverse through internal parking areas. Let me just show you what we think those are going to look like with a couple of exhibits. Probably that actually -- what this graphic illustrates is the pedestrian system that occurs along the front of the center. And what you can see is that we've incorporated landscaping, some of the architectural design features that George referred to to create gathering spaces as opposed to just a continuous, linear type of pedestrian system. That gives you basically an impression of how that's going to work. You can see that we've incorporated in some places fountains. It's important in this kind of a center to not only attract people to the center but to keep them there. One of the ways you. keep them there is to give them an opportunity to enjoy the experience when they're not actually in the store, and that's -- a lot of emphasis has been put into designing how that's going to work in the center. What this board illustrates is h~w the pedestrian system through the parking area will look. And you'd probably be standing right about there, looking towards the center. You can see that we have a walkway. It's well-defined, it has landscaping on both sides. We use the canopy trees that are in the landscape islands and along the edges to define that pedestrian system. And anyplace that it crosses a vehicular travel path, you have it well-defined through either pavement treatments or other types of design features, so it's very clear to both pedestrians and to people in cars that that's a pedestrian crossing. Page 15 October 15, 1998 This board again shows how the pedestrian system works in interconnecting with the front of the shopping center and how some of the architectural design features create a lot of interest and bring the scale down to the pedestrian level. As George mentioned, one of the ways we do that through the design of the center that I think is unique to this design is taking those smaller retail spaces, putting them out in front. That not only breaks the vertical scale down but it creates these interesting little courtyard areas which generally are seen as very friendly to pedestrians. And, finally, this board, which illustrates the view if you were standing on U.S. 41 and looking towards the corner parcel, which is right here. We've put the lake out in front. We are using that as a design feature, pulling the building away from the corner. That gives you the opportunity to let the tenant take advantage of that, have some outdoor seating. And I think that that design feature on the corner could really be a special thing. It really will define the fact that you have entered into North Naples. It will tie it together with the center. And I think it will get used. And really the trick in designing these is to make sure that it's not just a piece of architecture sitting there, but people will actually feel that they can use it. The way that happens is you make sure that they can get to it safely, that it has a very comfortable feeling and that it's tied together. ~ I can safely say that there's been more attention paid in the design of this center to how we're going to deal with those kinds of features than any center that I'm aware of in Collier County. I won't spend a lot of time on architecture. I know you're familiar with the division in the LDC that has been newly created over the past couple years for architectural design guidelines. I will tell you though that not only are we complying with that but we have really gone beyond that. If you look in the PUD, we have gone on and elaborated in particular detail how we see the architectural design guidelines being integrated into this project. We will have a consistent type of an architectural theme but we want to have variations on a theme. What you try to avoid is a monolithic type of a look and the way you do that is by making sure that the detailing of the center and the different sizes and scales of building all pick up on a theme but have some different, some different design attributes to them. And I think, without getting into a lot of detail, if you look at the PUD, you'll see how we have described how that's going to occur and how it ties back to Division 2.8. Finally, on the landscape, let~me just again use a couple boards to illustrate. For landscape, I think the illustrative plan again shows what happens as the center,develops out. The PUD plan identifies where You have YoUr~pe~imeter of landscape buffers. In t.h_is case we have a twenty fo°t BUffer, but what we have done in the PUD is specify that we will have a greater tree height requirement, twelve foot minimum as opposed to the eight to ten that the code requires. And we have spent some time thinking about how to take that landscaping material and cluster it so that we can get more impact out Page 16 October 15, 1998 of the material that we put, and at the same time open up views into the center that are framed. So we have the perimeter system and then what happens is, as the center is developed, you have a layering of landscape. You have the perimeter system, then you have the landscaping thaz will go in around parking areas, then you have the landscaping that goes in around the buildings. And the final effect when you get all that landscaping in is quite, quite dramatic. What this board shows~is, if you are looking into the main entrance on Immokalee Road, you can see -- here's the divided boulevard entrance. We have pal. ms that we use as the accent coming in. You can see the perimeter treatment of landscape. We have added in our landscape plans some ground cover. Oftentimes what you see in the perimeter buffers is you have trees and you may have a hedge where the parking area is but you don't have any that defines the lower level, so we're going to be putting in the ground cover landscaping and then you get those different elevations of landscaping taking place. And you can see here is where the primary center would be, and, on the corner, you can see the -- that was an illustration of the office building. What I'm going to do, though, is show you, George talked about the height change that we made. This rendering shows the six story that we had originally planned for the center, and then that's what happens when you drop it from a six story to a four story. And you can see that the scale of that building and the character is very consistent with what we're trying to achieve and I think it's very attractive and certainly is not any kind of an overwhelming or dominating presence. I think I have used all my boards, so I probably ought to wrap up the presentation. Do you have any questions about any -- CHAIRMAN BRUET: Any questions?- Yes.. Mr. Davis. MR. DAVIS: Mr. Reynolds, you talked about in your -- on your vehicle network -- I compliment you because I've reached that point in Carillon where you think you're lost ~and you can never get out, so -- behind the outparcel. So your comments were well taken. With the pedestrian network, you talked about it being pedestrian friendly. If the uses -- without what I guess to be the outparcels, we're talking restaurants, things like that that would -- there would be the need for people in the office setting and in the large commercial setting to walk out to? MR. REYNOLDS: Right. MR. DAVIS: And along that way there are going to be some pedestrian gathering areas, benches, those sorts of things? MR. REYNOLDS: Yes. Yes. A good example, here you see the office building. You can see the pedestrian system picks up here, goes continuously along here. If you are going to, say, that restaurant, you can walk over there, be on the pedestrian system, go to the restaurant. If that building's a book store, walk over to the ~Dook store. You can go back to the center. And, you know, not eve~jbody is going to walk, some people will get in their cars and drive, but what we found is that if you create a very attractive pedestrian experience with shade, with landscaping and they feel ~.~!~:~:~~~,, ', ,,,? ,~,., .~ Page 17 October 15, 1998 secure with a well-defined system, that people will use it. That's the idea, is to create the synergy between all of the uses in the center because it's good for business, if you get people using more of the facilities and interacting. ~u2R. DAVIS: Thanks. CHAIRMAN BRUET: Any further questions? I~R. WRAGE: Alan, just a question. The -- obviously the delivery is behind the building. Is there only one entrance off of -- like by Immokalee Road or is there one down off of 41 to get in behind those? MR. REYNOLDS: There is one right here. MR. WRAGE: Right there? MR. REYNOLDS: Yes. And there's one right there. MR. WRAGE: Okay. MR. REYNOLDS: So there's two points of access. MR. WRAGE: I couldn't define that in the bottom. When we previously talked.--~tolshow my bias -- the two places being the Crossings and the other, Neapolitan, with this type of internal structure, I drive a vehicle six inches longer than normal. Those particular two, there isi~-~iyou~!cannot drive in there and park. Okay? You just can't. And I see-peOple with Continentals and bigger cars, and I realize that one of them's in the city and they both probably meet the code, parking in -- those areas are tough to get around in. I hope that's not what's going to happen here. MR. REYNOLDS: We hope so too. I'll tell you, I've found that the perpendicular parking generally is a little bit more friendly to the larger vehicles even though the angled parking, by design, you can go in and out easier, but you have a narrower drive aisle. So when you go with the perpendicular parking, generally you have a wider aisle and that gives you a little bit more maneuvering room to get into a -- get into a space. MR. WRAGE: At the Crossings down off of Pine Ridge, to get there, Mike may get lost in crossing on the other side but I get lost in there, trying to find my way around and get out. There is no way you can go in there and make a circle and park. Just a bias of mine. CHAIRMAN BRUET: Any further questions? MS. TRAGESSER: Mr. Chair, I have one question. I know there are some folks in the audience that want to hit on a couple of issues, but I thought, it would be nice maybe to have some comment first from the petitioner.~?~' When Creekside was beingldiscussed, and the petitioner came in on that particular project, therelWas~considerable conversation relating to an east/west roadway that'W°uld'i~go'~from Goodlette-Frank all the way through to U.S. 41 that would sez%ve not only the commercial interests along that section but also the public as an alternate to Immokalee Road, not only for relief today but out in the out years when we're going to, of course, see congestion at the intersection. Could you comment on the petitioner's look at that subject? Mit. REYNOLDS: Let me let George address that because he was prepared to talk to that issue. MS. TRAGESSER: Okay. Page 18 October 15, 1998 P~R. VARNADOE: There was some comment from the public on an east/west road, as you-all might remember, on the Creekside Commerce Park, now called Creekside. There -- we have a southerly road that comes in off of Goodlette Road -- excuse me -- that serves the middle parcels, if you would, on the we~t side. Mr. Reynolds absconded with my pointer. If you look -- if we look on this aerial, the road comes in about here and about over to here and it was to provide access to this, and also access to the back of the post office, and Fleischmann, and we do have a requirement to put that in when within three years, the center, about two years from now, or when we develop these parcels in here, whichever first occurs. That, obviously, is a lot different than a road that goes completely across there. And there has been a lot of talk about that. Obviously, we don't show it on our plans. We think if that's going to be built, it's going to be a public road because it's going to not serve -- as you've heard me say, as our traffic report indicates and as the county analysis shows, we are not -- we do not need that road for our project or either one of our projects. However, I can't deny that I think in the future that would be a good bypass for this area, a good minor collector, if you would. If it's going to be built, it's going it be a county road and we would be glad to participate in that in some way, if that's a requirement imposed by the board. But obviously, from a legal perspective, we can't be required to do it nor are we prepared, to -- some have suggested that we ought to be building this for our projects. MS. TRAGESSER: Thank you. ~ MR. VARNADOE: You're welcome, ~' .~ · CHAIRMAN BRUET: Any further comments for the petitioner? If not, all those within the public who would like to speak to this issue, if you could -- MR. NINO: I have a speaker registration form from Sally Barker. MS. BARKER: It makes sound effects for me. For the record, my name is Sally Barker. I am chairman of the property owners of -- Property Owner's Associations of North Collier County, also known as the Second District Association. And I have a few handouts I would like to give you to look at while I'm talking. I've got some for the record, Ron. MR. NINO: I was going to help you. MS. BARKER: Okay. Be my guest.. Want these for the record, Ron? MR. NINO: Yes. Thank you. MS. BARKER: I must apologize that we did not send this in ahead of time and have it entered into your packet, but it takes us longer to get our collective acts together. We do represent homeowner's associations and it's not always easy to get everybody together at the same time to discuss these things. ~But I would like to talk about this particular project in its overall context. ~ ~r~e the internal planning is quite good and it probably will be quite a lovely shopping center~i~However, there are external impacts that we are very, ~very~concerned about. And, for those external impacts, you hav~to~lOok'~'a~' this in the overall context. If Page 19 October 15, 1998 you can look at the aerial map that is there, that entire 140 acre parcel at the top there stretches from U.S. 41 to Goodlette-Frank Road. As you all know, that is part of the original Megamall site, and the Megamall has been dropped. And this, I understand, is now being chopped up by Barton Collier into three separate parcels, the Creekside Commerce parcel to the east, the new Granada Shoppes to the west and a twenty-acre parcel in the middle which is at the moment a tomato field. How long it's going to remain a tomato field, who knows. I suspect -- if I were a betting person I'd probably say not terribly long. And when we're talking about that twenty-acre tomato field, we should mention that, although the company has not said, has not told us what its future use is going to be, you can probably bet it's not going to remain a tomato field for long. It's probably not appropriate for residential, sandwiched in between a shopping center and a commerce park. So, down the road, one suspects they're going to come in for a commercial in-fill project. So, theoretically -- and ! say this theoretically because I'm not a lawyer and I don't want to get into real legal trouble -- but theoretically down the road we're going to have solid commercial on that 140 acre parcel from U.S. 41 to Goodlette-Frank Road with Immokalee Road fronting the entire stretch. Now, what does this mean in terms of traffic impacts? Each project taken individually probably will not have that five percent impact on the current traffic levels. Taken cumulatively, Creekside Commerce, Granada Shoppes and the potential for a commercial in-fill in the middle. That's going to be a lot of traffic dumped on Immokalee Road. And without that east/west road running to the south of their projects, how are people going to circulate? Say you're in the shopping center and you want to go to the post office. How do you get there? You go out on Immokalee Road to get there. Say you're in one of the Creekside Commerce business concerns and your car is low on gas and you want to get to the gas station they are proposing for the Granada Shoppes site. How do you get there? You go out onto Immokalee Road. It all ties in together. There has to be an east/west link for those three parcels. And, along those lines, we feel very strongly that this entire 140 acre parcel should have been master planned from the get-go to include this internal traffic c~rculation. This is piecemeal development. For whatever reason they have chosen to do this piecemeal, the imDlications for the future are something that we need to look at. If large land holders are going to avoid trying to put in the necessary infrastructure by piec~mealing their development, then we need to know what the long-term cost to the county taxpayers is going to be. And while I am no planner, I suspect the long range cost is going to be considerable. Now, how are we going to get this road? Mr. Varnadoe indicated that it could be put on the county work plan and paid for with, I suppose, either by the county or the developer would pay for it with impact fee credits. Okay. The Granada Shoppes impact fee credits of $900,000 probably won't pay for building that road. I don't know if they can link in the Creekside Commerce impact fees to help pay for Page 20 October 15, 1998 it. But the point of impact fee -- abusing impact fee credits is that, in essence, this puts the burden back on to the county taxpayers. And I say that because it reduces the amount of impact fee cash flowing to the county to mitigate the impact on other roads in the area caused by this development, which means we, as the taxpayers, are going to have to pick up that burden. I would feel strongly that it would be the honorable and the civic-minded responsibility of Barron Collier to build that road and turn it over to the county as a public roadway, just because it will serve their three parcels, make them more attractive to their tenants, and serve the public at well -- as well. I'm sorry. Let's see. Where have we gotten to? My third point on here is that I feel -- well, we all feel -- and we discussed it at the board meeting on Monday -- we feel that this new east/west road should be in place at the time a Certificate of Occupancy is granted for Granada Shoppes because it's going to be needed. It's probably needed now, but it's definitely going to be needed then. As for the signal at 107th, I would like to refer you to the map of Naples Park that I have just handed you-all. The part in yellow is where the traffic signal is proposed to be to line up with Granada Shoppes. That lines up with 107th in Naples Park. 107th, for those of you who are not familiar with 107th, is -- it's a very narrow roadway that splits into a horseshoe. I do not know for a fact, but I would be very surprised if that street were eighteen feet wide on either legs of those horseshoes. By putting the light there it's going to attract considerable traffic, not only from the Naples Park area but from the Vanderbilt Beach area and all surrounding areas who want to reach that shopping center will try to reach there by going down 107th. This is a prescription for disaster. That street, 107th, that horseshoe cannot handle that kind of traffic. That is a fact. All you have to do is go look at it. We propose instead of a traffic signal that that intersection be designed without a signal, but with a left turn in off of 41 and a right turn out only. Bear in mind, Coastland Mall does not have a traffic signal on U.S. 41. Coastland Mall is three times bigger. Just to reduce the impacts on Naples Park, I think the traffic signal has to be seriously, seriously re-considered. Now, if the traffic signal goes through, what does this mean? This means that at some point the traffic hazards on 107th are going to have to be addressed by the county. How are these traffic impacts going to be addressed? Well, probably through the traffic calming program, which is an excellent program The problem is, the budget is minuscule to nonexistent, and~there~s a whole long, lengthy list, which I'm sure Ed will be~happY, to!~tell you about, of projects waiting to happen. So if people want the-!iltraffic· calming to happen, they pretty much have to fork ou! out of their own pockets for it to occur. ,. ~ So what have we accomplished here? We have a situation where the people who are least able to afford it, those on 107th, will be forced to institute some sort of traffic control measures on their street Page 21 October 15, 1998 caused by a project across the street which will not have to bear any of the burden of these costs. So we have shifted the cost from the wealthy developers onto the small people. Whoopie. The building heights have been addressed. We would actually like to see three stories but, quite frankly, we can live with four. Six was unacceptable by any means. Now, for point number 6, the sidewalk. We would like a sidewalk external to the project on U.S. 41. We believe that this is quite necessary. The developers would have us believe that an external sidewalk is not necessary because there are plenty of sidewalks inside the project and the sidewalk won't link up to anything. Yes, there are sidewalks inside the project and they are very nice and we're very grateful that they have planned all that stuff in. But, they do not serve people who may want to walk or ride past the project and not necessarily go into it. And, yes, it will link up with something. The sidewalk external to the project will link up to the sidewalk on Immokalee Road. Furthermore, it will link up to the sidewalk that will be built north of Immokalee Road when U.S. 41 is six-laned. FDOT has committed to placing sidewalks on both sides of U.S. 41 when 41 is six-laned. So it would not be a sidewalk to nowhere, it would go somewhere. And it would serve the people who live in the area. Granted, there is no sidewalk that extends down to Pelican Marsh. At some point maybe the people in Pelican Marsh would see the advantage to having one and maybe they would like one as well. That's for them to decide. CHAIRMAN BRUET: Excuse me, Sally. Speaking for a group, you're allotted ten minutes and you're just about there. I hope you're just about ready to wrap up. MS. BARKER: Yes, I am. CHAIRMAN BRUET: Thank you. .?~ii~ MS. BARKER: Our seventh poin~?~!is, the Granada Shoppes PUD should include a prohibition on the construction of drive-through restaurant facilities. We don't think drive-through restaurants really add to good traffic circulation in a center of that size. If you have any questions, 'I'll be happy to answer them. Otherwise, onto the next. MR. DAVIS: Ms. Barker, you spoke about the traffic that would come out of Naples Park. I think, if I understood you correctly on the issue of the traffic light, that a lot of the people that live in Naples Park are going to try to use -- it looks like from your map, either 107th or 108th to get to the traffic light. Is that what you're saying? MS. BARKER: Well, they can't use 108th. You have to bear in mind the FDOT will be six-laning 41 sometime in the future. When that happens, all those median openings, except for four along Naples Park will disappear. Southbound you can still turn right in, but turning left out is going to be limited to, I believe, just four -- four spots? Yes. Four spots, of which 99th and 107th will be the only signalized intersections, which means people who want to come out of Naples Park and turn left are going to naturally gravitate towards Page 22 II ir October 15, 1998 those signals as being really the only way they can get out without risking life and limb unless they want to drive all the way to lllth or -- I guess that's the only alternative, is to drive all the way up to illth. Okay? ~R. DAVIS: Thank you. ~iR. KANT: Mr. Chairman? CHAIRMAN BRUET: Yes, Ed. MR. KANT: Edward Kant, Transportation Director. I have known Mrs. Barker for a long time and we occasionally agree and occasionally disagree. She's rarely wrong but sometimes incorrect and I just want to make one minor -- minor, depending on how you look at it -- correction to something that Ms. Barker said. If an east/west road were to be placed, either extending from the Creekside Park or through this property or combining them, that would not be eligible for any road impact fee credits. Road impact fee credits are only applicable on roadways which are shown on the growth management plan, and that particular roadway, to the best of my knowledge, is not shown, at least not as we stand here today. So that the issue may or may not be of some relevance, but as far as the financing, I would submit to you that the county would not be able, under the present ordinance, to !egally provide impact fee credits for that roadway. CHAIRMAN BRUET: Ed? Isn't there, certainly in this particular case, some, or quite a bit of public benefit of reducing traffic on Immokalee Road, therefore, you know, affecting the long-term plan for six lane? That has to have some value. MR. KANT: In general as a planning -- either a transportation planning or land planning principle where you have high concentrations of commercial, industrial and for that matter residential, high densities in residential uses, the use of frontage or -- they used to be called frontage roads because typically they would parallel the main road and they would be about twenty or thirty feet away from them. And over the last decade or so what we've tried to do is get into the concept of a backage -- frontage road, if you will, that is to leave enough room between the main arterial and the frontage road to allow for the buildings and for some use of that land, and so I would consider a road which would go from U.S. 41 to Goodlette, that, assuming it starts at the southern access point of this project and goes through and connects up with the Creekside Commerce road, as a frontage type of a road, which would definitely provide relief to Immokalee Road and to the intersection of U.S. 41 and Immokalee Road and Goodlette-Frank and Immokalee Road. That -- that's fairly obvious, you know, and whether or not that's part of your decision-making process, we certainly are not here to lobby for or against it. But the fact is that that certainly, in our professional opinion, would help ease that traffic circulation pattern. CHAIRMAN BRUET: And I really think that should be, you know, certainly part of our concerns as we sit here as a board. I mean, we are here to, you know, also provide the -- certainly protect the public, let's say, with our recommendations. And certainly if they Page 23 October 15, 1998 have an impact on Immokalee Road's traffic, I think that needs to be considered. And I'm not sure the developer should be suffering all -- the ordinance probably reads differently. MR. KANT: My only reason for taking the podium at this point was simply to point out that -- not to argue that -- the merits of the issue but to simply give you the factual information as to the availability of road impact fee credits should a road be decided to go in that location. MR. VARNADOE: Mr. Kant, while you're there -- CHAIRMAN BRUET: I understand. MR. VARNADOE: -- I guess if the Board of County Commissioners directed that road be placed on the road network as a minor collector, then your opinion as to eligibility for impact fee credits would be different? MR. KANT: That's correct. If that were to show up on the growth management plan as part of the traffic circulation network and be defined in that network, then that would automatically be part of that network that's included as what we call road impact construction. But right now, the fact remains as we stand here, that's not the case. CHAIRMAN BRUET: Thank you. MR. PRIDDY: Mr. Bruet, I too agree, but how would we impose -- I mean, I don't see where we have any legal ability to impose a road going through. I mean, yeah, we had the road coming off of Goodlette Frank for the Creekside and, yes, we can approve the road coming in off of 41 for this, but we don't have the ability through this process to, you know, put that middle segment in there. CHAIRMAN BRUET: I understand what you're saying, and I think when I was discussing it I said we could recommend -- maybe we can recommend through the staff to'make it part of their narrative to the board, that this board, if indeed that's -- MR. PRIDDY: Thinks it's a good idea. CHAIRMAN BRUET: -- what it.~decides to do -- yeah, thinks it needs merit and if a minor collector -- if it can be classified as such or changing the comp. plan, whatever is necessary to make that happen, maybe that's an avenue out. But I just see a lot of benefit to the road and would certainly support this board's action towards trying to work with the developer and get the road built. I think that would be a major step for the public. MR. NINO: Janet Vasey? CHAIRMAN BRUET: If the following speakers, Ron, could maybe line up behind the podium, make this go a little bit faster. MR. NINO: Vera Fitzgerald and Robert Toose (phonetic). MS. VASEY: Janet Vasey, for the record. I initially wasn't going to bother to come up because I think Sally Barker made a very compelling reason, very compelling reasons for the recommendations of the Second District, of which I'm a board member also. But I did want to clarify or expand on one issue. There's is -- it's not just the Naples Park traffic coming on 107th Avenue that's going to create the problem. Behind Naples Park is Vanderbilt Drive, and that Vanderbilt Drive goes all the way down into Bonita Springs, and so, the way Page 24 October 15, 1998 people drive, they often try to avoid the main arteries and instead will come along the back roads. And so what you'll see happening here, if there is a traffic light at 107th and 41 is, all the traffic up and down will collect on Vanderbilt Drive, will come across 107th and will also be impacting on lllth, which is already a problem area. I think that has been addressed in some other forums, whether that needs to have more lanes or not. But you'll just be drawing more and more traffic through that part of town. And that was the only elaboration I wanted to make. Thank you. CHAIRMAN BRUET: Thank you. MR. NINO: Vera Fitzgerald. MS. FITZGERALD: My name is Vera Fitzgerald. I'm president of the Property Owners of Naples Park,: and the property owners are very concerned about the impact of this development on Naples Park. Where we do not object to this shopping center -- it's quite pretty on these pretty pictures -- but we do object to lining up a major entrance with a light to one of our avenues and not even discussing the impact on our community. And I'm very disappointed in Ron Nino standing here and saying, "To the west is just commercial." That is not what is to the west of this development. If you will look at that map, where the red is outlined is Granada Shoppes. On the other side you will see a very dense, 800 plus acres of homes. There's at least 3,200 homes in that community. We're talking probably at least 7,500 people, if not more. That is what is to the west of this property. It is as though we don't exist. None of these maps indicate that there is a huge residential neighborhood there and this road is going to draw thousands of vehicle trips per day through our community. I think that that is a given. I don't think you need a traffic study. I don't think you need anything. You just have to look at the map, see where we are and say, "What's going to happen to that community?" This has to be addressed before this project is approved. It has to be included as part of this project. This project is what is going to cause the problem, therefore it should also mitigate it. And this should be part of it. And I would ask you to include that. It was stated, I believe Mr. Varnadoe said iu, that there are only two roads that are going to have significant impact, U.S. 41 and Immokalee Road. Again, nothing was said on 107th. Apparently we don't exist, and that is a shame, that this has sort of been put, that it has just been glided over of the impact on 107th or the entire community of Naples Park. As -- I believe Sally Barker said that no other mall in Collier County has this perk of a lighted intersection off U.S. 41. Coastland Mall doesn't have it, Waterside Shops does not have it. You must make a directional left if you are going northbound and want to go to Waterside Shops. You have to make a directional left only. There is no light to assist you. You cross those three lanes of traffic on your e3~n. I don't know why this project should have a lighted intersection lined up with a residential street which would then be effectively turned into an arterial. You're going to create a lot of safety problems, as Sally Barker has said. Those of us who live Page 25 October 15, 1998 there, we always drive down the middle of the road. There isn't enough room to drive down one side. And if you meet a car you say, "Huh" and then you deek (sic) over and with sort of one wheel on the grass. And no, we don't want it~ widened, thank you very much, Mr. Kant. We don't want it widened. Besides 107th, 108th will also be affected, not because they have won't have a median opening or have a median opening on U.S. 41, they will be affected because people can drive up to the highway, make a right and then deek over at the lighted intersection into the shopping center. So if we address 107th and close it, which probably should happen, 108th will then get the impact. So we have to address the two of them together. These avenues come up, and there's a circle. You can see it on that map, but, unfortunately, you have to be a little bit close to it. But you can see there's a lake in the middle of that circle. 107th comes up and then there's a connection and a horseshoe. We could close 107th in a horseshoe with 108th so neither 108th or 107th would then have access to the highway. This wouldn't be any kind of a problem because most of us now use lllth, those in the north end who are going to be most affected now use lllth, so that's not a problem. ~at else did I want to say here? Well, we do wish that the developer would take some responsible action to the community to the west. I believe they also own another parcel of land opposite 91st. I'm not a hundred percent certain on that, but I think they do, that they are planning on developing in the future. This, again, will have another impact on Naples Park, so perhaps the developer would like to get with us, perhaps it could be recommended that they get with us in Naples Park and develop a traffic plan that would allow them to develop their parcels without impacting our community. I believe that a good corporate neighbor would do this. I think that those are -- that is basically my concerns and the concerns of my community. We did have a meeting on Tuesday night. We discussed this and all agreed that we absolutely have to have this problem -- a solution to this problem incorporated in this development. The mitigation of this problem must be included and we ask that you make that recommendation. Thank you. CHAIRMAN BRUET: Ma'am, I have a quick question before you go. Is there any interface between the Naples Park Property Owners' Association and the Naples Park Area Association? MS. VASEY: The Naples Park Area Association is basically a social organization. They have a building for social functions on 103rd, and they're -- usually that is all they do. Sometimes they like to create mischief. CHAIRPL~N BRUET: They -- they wrote a letter that we received today and listed their concerns from their Board of Directors, and their concerns were built around what type of commercial development will take place in the shopping center and stormwater management. They don't even mention traffic and you seem to think it's -- MS. VASEY: That is because~they do not -- CHAIRMAN BRUET: -- such a major issue. I'm just trying to sort Page 26 October 15, 1998 this out. MS. VASEY: I know. It is confusing for some people. And I -- there are two organizations. I wish they would work with us. They rarely know much about the development that goes around, usually most of it is learned through our newspaper, The Naples Park Community News. I would ask you to disregard that letter because it -- well, I don't want to sound unkind but it does sound a bit like mischief-making. CHAIRMAN BRUET: Well, thank you for clarifying that. MS. VASEY: Okay. MR. PRIDDY: I have one question she may be able to answer. Does Naples Park at this point have a traffic cut-through problem? MS. VASEY: We have one, yes, and we have been working with the transportation for almost three years to develop a traffic plan. We just need some expertise, planners to assist us to a final problem. But, we do have cut-through traffic. Most of Vanderbilt Lagoon, people just go "zap" right through without stopping at the stop sign. We do have a problem with people going to work. They come down from Lee County along Vanderbilt Drive, they want to avoid Immokalee, they want to avoid Vanderbilt Beach Road, so they cut through Naples Park. Yes, we do have a problem, and it's going to be horrendous with a light at 107th. MR. PRIDDY: Thank you. CHAIRMAN BRUET: Thank you. MR. NINO: Robert Toose. MR. TOOSE: Thank you. My name is Robert Toose. I'm chairman of the Collier's Reserve Association Committee to Review Neighborhood Projects. We are not opposed to the development known as Granada Shoppes as presented to Collier's Reserve by the Barron Collier people at various meetings. In fact, we think it's the right project for that corner. We think traffic signals at Riverchase Boulevard and Immokalee Road and 107th Street and United States 41 are a necessity, for not only safety reasons but traffic~flow reasons. We are also very pleased that the Barron Collier Corporation has agreed to reduce the office heights from six stories to a maximum of four stories. We think that's a positive thing on their part. We, however, strongly request that an east/west road be built from 107th and United States 41 through Granada Shoppes, through the tomato field out onto Goodlette-Frank Road. We think that road will solve everybody's problem and we have agreed to work with the Barron Collier Corporation in any way possible to see if we can get that road on the county plan. Thank you very, very much. CHAIRMAN BRUET: Thank you. Are there any further speakers from the public? MR. VARNADOE: Mr. Chairman, if I might? MR. NINO: No. I don't have anymore. CHAIRMAN BRUET: George? MR. VARNADOE: Excuse me. I thought that was the end of it. Let me respond pretty quickly. And the first thing I want to Page 27 October 15, 1998 start with is, you know, I have'been doing this a long time and working with Barron Collier and also the Collier Enterprises folks is one of the pleasures of my business, because they are responsible corporate citizens and I personally resent the remarks that have been made here today in regard to their not being a good corporate citizen, because no one in this town has done more for this area than either one of the Colliers. As far as the Department of Community Affairs and the DRI and putting all this property together, we tried that. We were here two or three years ago talking about a mall, quote, Megamall. They didn't like that. That was all 140 acres. We had a road going all the way from Goodlette all the way to 41. People didn't like that. I have here a clearance from the Department of Community Affairs that says, "This is not a DRI. It cannot be aggregated with Creekside Commerce Park." I'll be glad to pass this out. I think Marjorie has seen it, it was in the package for the zoning. In regards to the sidewalk on the external part of this project on U.S. 41, this is nothing but an attempt to revisit a decision that was made several years ago. And we've all been here long enough to know what happened with U.S. 41. It was on the work program for FDOT to six-lane that road. They pulled it off. All of a sudden one day it was gone and it wasn't going to be built for at least five years. It was originally built in '97/'98 and all of a sudden it was gone and it was going to be sometime after the year 2000. So the community, and the development community in particular, along with the EDC, Chamber of Commerce and some citizen's groups went to FDOT and said, "What happened to our road? We needed six lanes." Their response was, "We don't have the money. It's too expensive." And we said, "Why, what can we do?" They said two things, number one, we needed more right-of-way than we thought, we needed water management taken care of and the design we have is too expensive. We've got an urban design that is curb and gutter and sidewalks on both sides. So the MPO and the county and everybody that I ever talked to got involved in it. We went to them and said what -- you know, let's work this out. We got the three major developers, the one that's accused of not being a corporate citizen here today, Barron Collier, to take some of the water management, dedicate some right-of-way to them so they could six-lane it and they redesigned the road, but more importantly here, to say, "We have an urban section on the west side next to Naples Park and they'll have curb, gutter and sidewalks, but on the east side where you have these major developments it's to be a rural design." That means swale and no sidewalk. Now just where is the sidewalk on U.S. 41 supposed to go? There's no sidewalk to the south We have.incorporated the sidewalks inside our project for safe pedestrian access. The only places, if you're on the west side on the sidewalk that you're going to be able to safely cross is 107th because you're g lng to have a light, and lllth where o' you've got a light. And we have taken sidewalk and incorporated it very carefully into our design. So this idea of a sidewalk is nothing but a blatant attempt to Page 28 October 15, 1998 revisit something that's been decided long ago, plus, frankly, who in the world wants to walk along U.S. 417 I mean, we're going to have a pleasant, landscaped sidewalk internally and we're trying to make that a very pleasant experience, but, frankly, U.S. 41 sidewalks in this area, I think, are not what we should be doing. I find it funny that, you know, they get up here and say we want the east/west road but we want to restrict movements at 107th and not put a light there so you can make the movement. Now, what good's an east/west road if you're not going to be able to come out and turn left or make a full movement? I mean, that's -- what is causing the traffic problems in Naples Park, yes, are some urbanization in that area, but, more importantly, FDOT, as the state highway agency, is going to close all those median cuts down, folks, and it's going to concentrate the traffic out of Naples Park into three or four intersections. And we heard the same arguments when Pelican Marsh wanted to put that light up at 99th, Ed. And have there been any complaints about that since that's been there? I represent those folks. I haven't heard any. Who in the world is going to want to -- with all due respect, you know -- Vera sat here and told you the roads aren't wide enough to pass another car on 107th anyway. Who is going to want to wander from Vanderbilt Beach to 107th to get to here when you can come down lllth or, at the other end, Vanderbilt Beach Drive to get there? If we can work with them -- we have talked to them since the time we proposed the mall. We always had our inference here about, you want to close off 107th, you want to put a pork chop at the entrance so there can only be a right turn in, a right turn out? I know Ed doesn't like that at all. I think that's why he left. He doesn't recommend that. I mean, we're willing to work with them on that, but, I mean -- but not to the extent of interfering with that intersection on U.S. 41. That needs to be a full intersection where people can make lefts, rights on that intersection. And to not have a light at a center like this, to me, is just -- I mean, it doesn't make any sense. Let me go back to the south-road because I want to make -- and I'll try to be quick. I want to make just two or three points. We're in a very precarious position here as the applicant. Number one, as I told you, my position is that we aren't having enough impacts on your road system that we can be required to put this in. We're not causing level of service to be degraded on any of the roads beyond an acceptable level of service. And that's what impact fees are for, are to offset the impact of the project on the road network system. And in this instance all the analysis says that will do it. Having said that, you know, I would be less than honest if I didn't say that I didn't think a south road would be a good addition to the county road system. But to sit here and say, be a good corporate citizen, build a two million plus dollar road and turn it over to the county without the county participating in it in terms of impact fee credits is something that we can't do. My suggestion to you -- and it's only a suggestion -- is, number one, I would ask you not to require us -- make that a requirement or a Page 2 9 October 15, 1998 stipulation. I' have no objection to you forwarding this to the county commission saying, we think you ought to work with the developer to get this on the road system and to work out a cost-sharing program so that road can be built in the future. And if there are any questions or issues, I will be glad to address them. CHAIRMAN BRUET: Mr. Priddy? MR. PRIDDY: The other thing that was brought up was the drive-through restaurant facilities. Do you know if you-all have plans for them? MR. VARNADOE: I have no idea at this time, Mr. Priddy, but we're not willing to waive that. I think that you have -- and Mr. Reynolds can talk a lot longer and better than I can about that. The new architectural standards say if you have them you've got to have pole shares and the same roof line and all that. What we can do, though, is make sure that none of that drive-in faces the public road, so it's either going to be on the side or behind the main restaurant. But what the -- a lot of the fears that we have about gas stations, drive-in restaurants is the appearance, but we're looking at the ones that were done ten years ago. Unfortunately we don't have anything that has been done since the new architectural guidelines, but those guidelines do address those and do make sure that you do -- they become part of the building and not, you know, a flat aluminum roof with poles sticking up. MR. PRIDDY: Thank you. CHAIRMAN BRUET: Any other questions of the petitioner? Ms. Tragesser. MS. TRAGESSER: Mr. Varnadoe, I am one of the -- I am in the camp that thinks that putting the traffic light at 107th will create additional traffic for the people in Naples Park that is non-internal. In other words, it's -- the regional shopping center you're building is a generator. MS. VARNADOE: No, ma'am. It's an attractor. MS. TRAGESSER: It's an attractor. Thank you. MS. VARNADOE: Ail traffic -- let's understand. If we didn't have any houses in Collier County, we wouldn't have any traffic, theoretically. Ail traffic starts from your house. MS. TRAGESSER: Thank you for that clarification. And I share your thought about the -- if we're going to put in the east/west road, we need a traffic light there. However, I do believe that the issues that the Naples Park people face asa.community require some mitigation. And I would ask you'-- you mentioned that you would be happy to work with the folks in Naples Park, and would you be willing to work with the transportation department, the folks in Naples Park and your petitioner, the company you represent, to come up with some design guidelines that would solve their problems and still accommodate your needs? MR. VARNADOE: The answer to your question is yes. I disagree with your premise, but the answer to your question is yes. I think you and I disagree on the -- on the effects that we're going to have Page 30 October 15, 1998 on internal Naples Park. I just -- I mean, will people that live in Naples Park come to 107th to go to that shopping center? You bet, because that's going to be the easiest way for them to get there if it's left open. But anybody outside of Naples Park -- I mean, I have~ driven through Naples Park and there would be absolutely no reason tt come on Vanderbilt Drive to try to meander my way through 107th to g~' there. , WY But yes. You know, Ed s the man on traffic. I know he doesn't' like the pork chop design. I mean, we may want to say that the best design is to close off 107th, 108th. You know, we'll be glad to work with him on that. MR. KANT: Edward Kant, Transportation Services. Mr. Varnadoe is correct. We have -- we have some serious reservations about the use of the so-called pork chop island to direct traffic at signalized intersections. It's not good engineering. It's not good planning. It's inherently dangerous and I can go on and on. However, there are probably several other alternatives, not the least of which is to look at whether or not cul-de-sacs are appropriate, whether or not to look at what type of traffic restrictors once you get past and through the intersection are appropriate, given that we have commercial development along 41. I'm not sure this is the forum to try to duke that out. But I can represent that we -- we have had contact with the developer. Obviously during the review process some of these issues have been raised. We're not living in a vacuum. We're well aware of some of the concerns of not only the citizens of Naples Park but the Second District Association as a representative of all of North Naples. And I think that it's reasonable to represent to both this board and to the public that we're concerned with the safe and efficient operation of the system. And whatever it takes to get there, that's where we want to head.~ MR. DAVIS: If I could ask Mr. Kant a quick question? Maybe I'm showing my lack of knowledge here, but, with DOT's six-laning plan and how it affects Naples Park, there's going to be many less median cuts. That much I have heard and understand. MR. KANT: That's correct. MR. DAVIS: Where are they going to be? MR. KANT: There will be, as I -~ if my memory serves me, there is a potential -- right now 91st Street is shown as a two-way directional. It is northbound/southbound directional lefts. However, I understand that that's a potential location for a signal. That would be the first -- let me rephrase that carefully. That would be the first potential signal location north of Vanderbilt Beach Road that would meet the FDOT minimum separation~criteria. Heading north from that point, there is an existing signal at 99th. MR. DAVIS: That's Pelican Marsh? MR. KANT: That is the Pelican Marsh entrance. There is also the proposed -- proposed signalized intersection at 107th at this project. And then there is lllth and Immokalee Road. To the best of my knowledge those are the only proposed signalized intersections. In between those signalized intersections there will be, I believe, six October 15, 1998 directional median openings, both northbound and southbound. The southbound, obviously, would serve more as U-turn opportunities because there's nothing on the east side of the road except at 99th presently, and the northbound would serve both as U-turn and as accesses into Naples Park. That's the -- that's the rough picture if you need specifics we can dig that out. ' MR. DAVIS: No, no, no. I was just trying to get the perspective in my mind of, through that long stretch, how many opportunities there were. It sounds like there's two. MR. KANT: The FDOT criteria for traffic signal spacing on that particular section of roadway is a half mile, and that pretty much is what you're going to see there. MR. DAVIS: So 91st may or may not be -- MR. KANT: Well, I think that it would depend on, as was pointed out -- I don't know whether it was Ms. Fitzgerald or Ms. Barker -- but there is a blank piece of property on the east side, just north of what is the Villa Pescatore and Truffles. Depending on what happens there, depending on the Warren analysis, depending on a lot of things, yeah, but that's the first opportunity, based on FDOT's minimum criteria. MR. DAVIS: But up in the area we've been discussing today, we've got the one at 99th, Pelican Marsh -- MR. KANT: That's correct. MR. DAVIS: ~]d one at 107th, which is the intersection in question we've been talking about. MR. KANT: It's the -- 107th is proposed to be a signalized intersection, that's correct. MR. DAVIS: By DOT? MR. KANT: I'm sorry? MR. DAVIS: By DOT? MR. KANT: I'd have to go back and look at the plans. I don't know if the construction plans presently show it as signalized or as double directional. I believe that, if it were shown as double directional, that would be the same thing as you would see at 91st, the idea being that, when they look at the traffic that would be generated by this development, if a signal is warranted, that could be easily converted to a full signalized intersection. I think that the issue is one of timing rather than one of principle. That is, yes, it's eligible for a signal but whether it's eligible today or whether it has to wait until more traffic builds up -- MR. DAVIS: What about'the idea of just going ahead and closing 107th, as the representative from Naples Park suggested? MR. KANT: As I said earlier, that's certainly a possibility. There -- from a procedural point of view I think we would want to do a traffic analysis in-house just to make sure that we're not shooting ourselves in the foot, frankly. I think that it would be more appropriate if that were initiated by other than the county, that is, by my department. I would not feel comfortable initiating that. I think that, given the proper engineering and the proper controls at the intersection, I don't see that that would be particularly Page 32 October 15, 1998 detrimental. I think a lot of that has to do with how the neighborhood feels about it because, ~in effect, we are seriously constraining access, you know, so there are issues that need to be addressed. ~ MR. DAVIS: Sure: Sure. Thank you. MS. URBANIK: I have a question, Mr. Bruet. CHAIRMAN BRUET: Yes. Ms. Urbanik. MS. URBANIK: Mr. Kant, I just have a question. Regarding the placement of traffic lights on a state road, is it the state that has the final say as to the location or does the county also have input as to the final location on a state road? MIR. KANT: No. They always ask us for our opinion and they always do what they want to do. MS. URBANIK: Thank you. MR. KANT: I'm sorry. I didn't mean to be flip. The answer is yes. FDOT has jurisdiction on their system and the county, obviously, has jurisdiction on our system. MS. URBANIK: Then I guess it follows that we really don't have any way to change where the placement of these traffic lights will be as a county? MR. KANT: I think that if the -- let me put it this way. Traffic signals as a class of traffic control devices are put in where they are warranted. Okay. I think that if the traffic required the use of a traffic signal, a signalized intersection, I think that, if that were shown to be in the public interest, then that would be a positive thing. I think that if -- if we said no, we absolutely don't want one there and yet the data showed that one had to be there, I think that that decision would wind up with-the FDOT. You know, they do have their administrative procedures. I would not want to stand here and represent to you that we would absolutely not do anything about it. I think that that's something that needs to be the subject of discussion that's outside of this forum. I can tell you that, in general terms, on the state highways -- that would be U.S. 41 and State Road 84 and State Road 29 -- they have jurisdiction. And I wasn't really being funny. They do ask us and we do give them input because we, interestingly enough, are the operating or maintaining agency. They don't maintain their signals. But, we, the taxpayer, we, Collier County, maintain those signals, but the decision to install or not to install on their system is theirs. MS. URBANIK: Thanks for the clarification. MR. NINO: Ron Nino. Ed, let me ask you a question, however, isn't really the question is, is -- is 107th and 41 committed for design as a full median opening? MR. KANT: Yes, as far as I know. MR. NINO: That's really what drives the issue, and there may or may not, at some point in time, depending upon conditions, be a traffic signal there. MR. KANT: That's correct. Bu~.I do believe that, for example, if they went -- and again, that.~[s.why I think it's important to Page 33 October 15, 1998 recognize the timing issue. I do not know what the timing on this development is. Let's assume, for the purposes of this discussion, that, as we stood here, that that six-laning project were out to bid, as it will be very shortly. When that goes out to bid and they start working on that, those plans -- and that's why I say, without benefit of looking at the plans -- I believe that those plans show a double directional median opening. If the timing were such that it made sense to install that signal at that intersection, then that double directional median opening could very easily be eliminated during construction. That's a minor, very, very minor piece of construction. So, the answer is yes, that could be'constructed as a full median opening. That could be constructed as a directional. It could be -- there's lots of ways a median can be constructed. I believe that the issue is timing. If this project were not going to come on line for four or five years, it would pr6bably be foolish to put a full median in there. On the other hand, if the highway project is going to be done in eighteen months to two years and they're going to break ground tomorrow and have a couple of buildings out there, maybe it will be warranted the day they get a CO. I don't know what that answer is. That depends on timing. MR. VARNADOE: Let's make sure everybody understands what we're talking about here. Put a double directional at 107th, which means you can't make a left turn out of there, and everybody leaving this center that wants to go south -- which is going to be probably sixty percent or more of the traffic -- is then going to have to go take a right-hand turn and either make a U-turn on 108th or go through the Immokalee Road intersection. Folks, I'm sorry, that just doesn't make any sense, and I know, Mr. Kant, I think -- do you have -- what is your position on -- MR. KANT: Excuse me, Mr. Varnadoe. May I make a clarification? I want to restate for the record. We are not advocating one way or another in favor of or against a signal or a directional median. From a traffic engineering and traffic planning point of view it makes the most sense to have that as a signalized intersection for precisely the reason Mr. Varnadoe has just quoted, that is, because there's going to be a significant amount of'traffic that is going to want to head south. The issue that I was trying to raise is that, because we don't know what some of the timings on these projects are, we may not wake up tomorrow and find that that's going to be a signalized intersection. It may sit there as a as just a directional for a couple of years. And, with all due respect to Mr. Varnadoe and his client and all developers everywhere, I have seen a lot of smoke and mirrors, and not on this project but I mean, in general -- in the development industry in general. As Mr. Varnadoe has said himself, this is the second or third time we have seen development plans on this parcel. I tend to take a little more pragmatic view of it, you know. You show me the bricks and sticks and then we'll talk about whether or not it's an appropriate time to put the signal in. MR. BRUET: Thank you. MS. FITZGERALD: Mr. Chairman? May I add just one fact that I Page 34 October 15, 1998 know to be a fact? CHAIRMAN BRUET: Very quickly, please. MS. FITZGERALD: There is a resolution -- and, I'm sorry, I don't know the number of it -- that the Board of County Commissioners passed some time ago when they discussed the openings on U.S. 41. 108th was to be open. 107th was to be closed. If that resolution still stands, it's Going to have to be changed when 107th comes up. FDOT has negotiated with the development community and they agreed to change that to 107th. The Board of County Commissioners has not yet done so. So it was not always the state that 107th was to be open, it is on the behest of the development community. I want you to know that. CHAIRMAN BRUET: Thank you. MR. KANT: For the record, I would like to point out that what Ms. Fitzgerald has just said is true. However, again -- and this Goes back to Ms. Urbanik's comment -- and that is that, this was a resolution, I believe it was '94 -- back in '94. I believe it was 94-250 something. This was a resolution by the Board of County Commissioners which was transmitted to the FDOT, and we then got back a letter back from the FDOT indicating that they had received it and acknowledged it and were continuing with the design of the project. CHAIRMAN BRUET: Thank you. ~ Any further questions of the staff? Therefore, I declare the public hearing closed. MR. DAVIS: Mr. Chairman, I'll attempt a motion. I'm Going to make a motion that we forward PUD-98-14, Granada Shoppes, to the Board of County Commissioners with a recommendation of approval, including -- and I may be wrong about this, but just to be on the safe side -- including the change to four stories for commercial, which I wasn't sure if that was something recent, and also including the commitment made by Mr. Varnadoe at Ms. Tragesser's suggestion in working on some sort of mitigation or discussions for the situation at 107th Avenue, and also including a recommendation by this board that the Board of County Commissioners consider some mechanism to get this east/west road that has been discussed during the hearing today on the right list. MR. PRIDDY: And I'll second that motion. MR. DAVIS: Did I leave anything out? MS. TRAGESSER: I have one question. I know when I had conversations with you-all about the sidewalk that -- you-all have done just a beautiful job of creating a streetscape along there and part of the concern was aesthetics as it relates to a sidewalk. If we were to have a desire to accommodate the walking public and they did not desire to enter your shopping center -- let's say they were coming from the Naples Park community and they wanted to Go to Riverchase -- if you had a sidewalk beginning at~107th where they could make that move from the west side of the Trail to the east side of the Trail and incorporated it aesthetically into your streetscape so that they could connect up to the sidewalk to get them across the street, would that be an issue for you? MR. DAVIS: Terry, but wouldn't -- if you were coming from there, Page 35 October 15, 1998 why wouldn't you stay on the west side where there's going to be -- CHAIRMAN BRUET: There will be a sidewalk on the west side. MR. DAVIS: -- a sidewalk with the six-laning, go -- walk north to Immokalee Road and then cross at the light. MS. TRAGESSER: You can have the option -- that's what I'm saying -- to do one or the other. MR. DAVIS: That seems like it makes more -- MR. PRIDDY: -- more sense to stay on the west side. MR. DAVIS: It strikes me that way. I don't know. MS. TRAGESSER: Well, it sounds like we have a -- okay. Then the question is not necessary.. CHAIRMAN BRUET: Yeah. The-important point is, there is a north/south sidewalk -- MS. TRAGESSER: Yeah. They're building it. CHAIRMAN BRUET: -- and it's along the west side -- it will be, excuse me -- MS. TRAGESSER: Yeah. There will be. CHAIRMAN BRUET: -- along the west side of 41 to let them travel north and then cross at the light at Immokalee Road. MS. TRAGESSER: I'm just -- MR. PRIDDY: And that would still allow for the aesthetics or the look on the east of the road, starting at Naples, Immokalee, right on past Pelican Marsh with the, the swale and greenery as opposed to -- CHAIRMAN BRUET: Yeah. MR. DAVIS: You know, after the last meeting when I supported Mr. Priddy's motion to require sidewalks on both sides of the Habitat for Humanity project, I thought to myself, "You know, I like sidewalks a lot more now." And here I find myself going the other way than I ~thought. CHAIRMAN BRUET: Mr. Davis, could you just clarify your one issue with respect to encouraging the board to find some means to get the east/west road through; is that through use of impact fee credits or just whatever mechanism is out there? MR. DAVIS: I think we need.to leave that up to the board's discretion, the proper procedure to get this east/west road. There seems to be general agreement today that we all believe it's important for it to be there, and so let's encourage the board to take the necessary steps to see that it is there one day. CHAIRMAN BRUET: Excellent. MS. TRAGESSER: Well, "one day", you mentioned. It's kind of important that it's there when the shopping center opens up, so -- MR. PRIDDY: Well, but I don't -- we don't have any -- I don't know that there's any legal mechanism for even them to, you know, to require that at the time it opens up. It may be a matter of when this middle parcel comes in, which won't be long, I would envision, that that would at that point, you know, be tied -- be tied together. MR. DAVT~: In my motion I'm figuring that, looking out and seeing Sally and some others, that the urgency of that road is going to be well communicated to the Board of County Commissioners. So I guess I'm feeling like that will take care of itself. Page 36 October 15, 1998 MS. TRAGESSER: Okay~ CHAIRMAN BRUET: There is a motion by Mr. Davis, seconded by Mr. Priddy. Is there any further discussion? I'm going certainly support the motion and I just want to commend the developer, you know, for his cooperation in the spirit of willing to make this work. It doesn't always happen, and I think the transportation and traffic issues in Naples Park are well beyond this project, although we certainly do appreciate you offering to work with them to help solve their problems. So, I certainly will support the motion. Ail in favor? Opposed? Motion carries. MR. PRIDDY: Mr. Bruet? CHAIRMAN BRUET: Yeah. A little break for five -- for ten minutes. MR. PRIDDY: And because of the timing of the break and the necessity for me to leave, I will not return after the break. CHAIRMAN BRUET:. Okay. You're excused. (A recess was taken.) CHAIRMAN BRUET: If we can reconvene, please. We've got some items that should move along rather quickly. I would like to call Petitfon Number BD-98-33. This being a public hearing, all those wishing to speak to this particular issue, please stand and raise your right hand and repeat after the court reporter. (The speakers were sworn.) MR. REISCHL: Good morning, Commissioners. Fred Reischl, Planning Services. This is a request for a boat dock extension on Keewaydin Island. You can see the location on the map. Keewaydin being an unbridged barrier island, this is eligible for a boat dock prior to construction of a principal structure. And that aerial looks kind of light from my perspective. You see the two -- hopefully you can see the two neighboring docks, one to the south, one to the north, both which protrude approximately sixty feet, and Mr. Crocker's parcel between those two is requesting a fifty-foot extension to seventy feet to get adequate depth for his vessel. I have received no letters of Objection. The waterway being approximately 600 feet at this location, it meets all the criteria for a boat dock extension and staff recommends approval. CHAIRMAN BRUET: Did you, in your discussions with the petitioner -- maybe he can answer the questionlbetter -- I think the other two docks are in the area of sixty feet'!in total? MR. REISCHL: Sixty is what Mr. Williams is -- CHAIRMAN BRUET: And they're asking for seventy here. MR. REISCHL: Yes. CHAIRMAN BRUET: And I notice in the cross-section, there's Page 37 October 15, 1998 nearly five feet of water at sixty feet, or four and a half feet. Did you have that discussion? I guess, obviously, maybe the petitioner can answer it. I assume the seventy is at the outer point there? MR. WILLIAMS: Correct. My name is David Williams. CHAIRMAN BRUET: No. Yeah. ~ Just one second. You didn't discuss that withihim or -- MR. REISCHL: Just as to water depth. Yes, we did discuss it, and the reason being the depth of water required for that vessel. CHAIRMAN BRUET: Okay. I'~ll save it for the petitioner. Go ahead. MR. WILLIAMS: My name is David Williams, Williams Marine Construction. We were attempting to have six feet of water at mean low tide on the outside of the dock, and that was our reason for the extra length. CHAIRMAN BRUET: His vessel requires that or -- MR. WILLIAMS: He does have -- he does have a sailboat that would visit that dock from time to time. CHAIRMAN BRUET: It is a sailboat, though? MR. WILLIAM: Yes. MR. PEDONE: And you need the steel with the sailboat otherwise it goes sideways. MR. WILLIAMS: Yes, or over. CHAIRMAN BRUET: Any other questions of the petitioner? If not, I'll close the public hearing. MR. OATES: Mr. Chairman, I move we approve BD-98-33. MR. WRAGE: Second. CHAIRMAN BRUET: There is a motion by Mr. Oates, seconded by Mr. Wrage. ~' All in favor? Opposed? :. Motion carries. ' :':i . Petition Number V-98-14. This being a public hearing, all those wishing to speak to this issue please rise, raise your right hand and repeat after the court reporter. (The speakers were sworn.) MR. REISCHL: Good morning, again, Commissioners. Fred Reischl. This is a request for an after the fact variance, Golden Gate Estates off Oakes Boulevard. You see the location of the parcel fronting on Oakes Boulevard, drainage canal in the rear which separates it from agricultural property, and then 1-75 beyond that. This will give you a better idea of the location of the encroaching structure. This is the main house. This is the garage at the end of the driveway. Oakes Boulevard is out. to this portion of the lot. The driveway comes in, the garage straight ahead and the house to the side of that. And I did enclose some photos. And, again, kind of glare on that, but you can pretty well see the amount of vegetation to the north of the garage that we believe acts as an ameliorating factor for ~_bis request for a variance. The petitioner is owner/builder. measurement. Instead of This was an error in property line towards the Page 38 October 15, 1998 garage to get the required thirty feet, they measured from the existing house, an error was made and construction, as you see, they got as far as tie beam when the spot survey was required before the tie beam inspection, and that's what triggered the request for a variance. Because of the still over fifty feet remaining between the encroaching structure and any structure that will be built on the northerly lot and the vegetation in between, staff recommends approval. CHAIRMAN BRUET: Originally they did pull the necessary permits? MR. REiSCHL: Yes. Yes. It was an error in measurement. CHAIRMAN BRUET: If we could hear from the petitioner, if you have anything to add. MS. HUNTER: No, not really. For the record, my name is Annie Hunter, and no, I have nothing to add. CHAIRMAN BRUET: Okay. Anyone else care to speak to the issue? If not, the public hearing is c~osed. Discussion? Pleasure of the board? MR. DAVIS: Motion to forward the petition to the BZA with a recommendation of approval. MR. PEDONE: Second. CHAIRMAN BRUET: There is a motion on the floor to approve by Mr. Davis, seconded by Mr. Pedone. All in favor? Any further discussion? All in favor? Opposed? Motion carries. MS. HUNTER: Thank you. CHAIRMAN BRUET: Petition Number PSP-98-3. This being a public hearing, all those wishing to speak to this issue please stand, raise your right hand and repeat after the court reporter. (The speakers were sworn.) MR. BADAMTCHIAN: Good morning, commissioners. Chahram Badamtchian from Planning Services staff. Mr. Gary Butler representing AAND, Inc., and Vornado Development, Inc., is requesting to subdivide thirty-five acres of industrially zoned property into thirty-one industrial lots and two preserve tracts. Their property is located east of old U.S. 41 on the north side of the proposed Livingston Road, east/west. Focus this. The water and sewer will be available to the side. They will extend the water and sewer lines, and there is no access today and they are proposing to build a portion of Livingston Road to have access to the site. Staff has reviewed this petition and recommends approval of the petition. The Army CorDs. of Engineers has requested an architectural -- archaeological survey and they are in the process of doing the archaeological survey for the site. Staff recommends approval subject to all the staff stipulations. Page 39 October 15, 1998 CHAIRMAN BRUET: Any other questions of staff? Does the petitioner care to address the board? MR. BUTLER: Gary Butler, for the record. I represent the petitioner, just to answer any questions. CHAIRMAN BRUET: Any questions? MS. TRAGESSER: I just had a question about -- you mentioned that the petitioner is participating in the construction of a portion of Livingston Road. Could you just elaborate on that a little bit? MR. BADAMTCHIAN: That is one of the options they have. They either want to sit on it until the road is built or they want to build a portion of this road. But this morning Mr. Gary Butler told me the latest is that they are going to build a portion of the road. MR. BUTLER: Yeah. There is a third option. One is to sit tight, one is to build Livingston Road for the county with some kind of impact fee credit basis, which is tenuous and political. A third option would be to build a subdivision style road in the alignment that would be the future Livingston Road. In other words, it's going to be four lanes on Livingston Road. We could build two lanes to standard subdivision standards, and then the county could come in and build their collector at some point in the future. And then ten years out, when they go to build the next four lanes, they would rebuild ours too. That's probably the option we're going to go because of the difference in cost between a standard subdivision road and the county's road, although there are some discussions still going on about impact fee credits. If there's impact fee credits available and if something can be worked out, obviously the amount to build that road is far in excess of any impact fees that we're going to pay first. CHAIRMAN BRUET: Yeah. I was going to say. You've got -- that's quite a length. MR. BUTLER: It's about 11,000 feet and we would need 4,000 of it to get to our entrance. MR. WRAGE: Are you alone in that or are any of the other property owners -- MR. BUTLER: There was one other major property owner that could participate. They're not ready to go today either. I think most of the need for that road from local property owners has been alleviated by the north/south segment of Livingston. So there's not a lot of interest in the east/west, other than~if the county needs it at some point in time. But as far as property owners contributing, I think it's just the two of us. CHAIRMAN BRUET: Does this need to be spelled out, the option A, B or C? MR. NINO: No, it doesn't need to be spelled out. CHAIRMAN BRUET: It's just -- when they come in to you, then, you'll take it from there? ~ HR. NINO: They have no alternative. They want to proceed, they've got to spend some money building what will eventually be a county road ~i~%~"i~?~<~i~~ ~' CHAIRMAN BRUET: Thank you. Any further questions? Page 40 October 15, 1998 If not, anyone from the public care to speak to the issue? If not, the public hearing is closed. Mt{. PEDONE: I would like to make a motion that we recommend approval of Petition PSP-98-3. MR. BADAMTCHIAN: The final approval is here. MS. URBANIK: Second. MR. OATES: I think we actually approve it, don't we? MR. BADAMTCHIAN: You are approving it. MR. PEDONE: Didn't I say that we approve it? MR. BADAMTCHIAN: No. You said you recommend. MR. PEDONE: Oh, okay. Then we shall approve it. CHAIRMAN BRUET: There is a motion to approve by Mr. Pedone, seconded by Ms. Urbanik. Any further discussion? ~:i,~,~. If not, all in favor? Opposed? Motion carries. MR. BUTLER: Thank you very much. CHAIRMAN BRUET: Petition Number V 98-15. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. Mr. Anderson? Please raise your right hand and repeat after the court reporter. (The speakers were sworn.) CHAIRMAN BRUET: Thank you. Staff? MR. BADAMTCHIAN: Chahram Badamtchian from Planning Services Staff. Mr. Bruce Anderson representing RSG Family Limited Partnership of Immokalee is requesting an after the fact thirty-foot variance from the required thirty-foot front yard to zero along the north side and eleven foot from the required thirty foot front yard to nineteen along the eastern front yard and a ten foot variance from the required thirty feet front yard to twenty along the southern property line. This complex was built.twenty-nine years ago with the wrong setbacks, and the new owners:'-- they purchased it this year, I believe, and they are applying for this variance in order to remove those nonconformities. And, as you;can see, there is an encroachment, major encroachment, on this side, and they are also encroaching five feet into the right of way. They are vacating their right of way right now in order to take care of this variance. Other variance requests are real minor, small corner, left building, and also on this side of building the building is encroaching. Staff recommends approval of this variance since the encroachment had happened twenty-nine years ago and no problems in the past twenty-nine years. However, staff received a letter of objection from a property owner, and I believe this property owner was a little bit csnfused. He lives two blocks from this development and he wrote that he doesn't want anybody to use his front yard. CHAIRMAN BRUET: I mean, a variance is one thing but obviously encroaching into the public right of way is something else. But there Page 41 October 15, 1998 has never been a problem?i-~...~. ~ ~ MR. BADAMTCHIAN: No. Not-Until the owners brought it to our attention. MR. NINO: There is a -- Ron Nino. There is a concurrent vacation -- MR. BADAMTCHIAN: Vacation under way. MR. NINO: -- of the right away, vacation underway of the right of way going to the board. MR. DAVIS: It would just seem that if there hasn't been a problem for twenty-eight years that's a fairly good indication that we're pretty safe here. CHAIRMAN BRUET: I agree. MR. OATES: I think Gary keeps driving off into their yard all the time, but that's -- MR. WRAGE: Well, I can assure you, except for the encroachment, the rest of the variance is, that is a four-foot ditch, you would not drive in that part, with or without a four-wheel drive. CHAIRMA/~ BRUET: Mr. Anderson? MR. WRAGE: I don't -- CHAIRMAN BRUET: Do you care to speak on behalf of the petitioner in your typical eloquent style?./,~., MR. ANDERSON: Mr. Chairman, you're entirely too kind. For the record, my name is Bruce Anderson. I'll be happy to answer any questions that you have,!~. I would just point out that the concurrent petition for the right of vacation is for a road that is platted but unpaved, except for the driveway entrance to the Immokalee apartments, and I carefully checked the building permit files before I filed this petition or the vacation petition to try to determine how in the world this happened. And, although the county's files were more than complete, they indicate that the buildings and everything met all the setback requirements, so we don't know whether it was a construction error, a survey error or what. But we appreciate your recon~ending approval on this matter, and I'll be happy to answer any questions you might have. CHAIRMAN BRUET: Any questions of the petitioner? Anyone in the public care to speak to the issue? Therefore the -- no speakers, the public hearing is closed. MR. OATES: Mr. Chairman, I move we forward the Petition V 98-15 to the BZA with a recommendation of approval. MR. WRAGE: Second. CHAIRMAN BRUET: There is a motion on the floor to approve by Mr. Oates, seconded by Mr. Wrage. Any further discussion?' All in favor? ~·~ >i'~ Opposed? i~ i: .:i~!~ ...... :.~.~, Motion carries. ~ i;:.~ ~: ~ ..~:,:~.~ . .~:~ ' Petition Number PSP Number 98-12. Being a public hearing, all those wishing to speak to this issue'please stand, raise your right hand and repeat after the court reporter. (The speakers were sworn.) Page 42 October 15, 1998 MR. BELLOWS: For the record, Ray Bellows. Bruce Siciliano of AGnoli, Barber & Brundage is requesting approval of a preliminary subdivision plat for the purposes of subdividing a 4.38 acre site into two commercial tracts and one tract for the water management and landscaping buffer. As you can see, it's located within the Pine RidGe Road/I-75 interchange activity center, and you may recall the property was recently re-zoned to PUD just a few months ago. The subdivision plat is consistent with the PUD master plan and the access off of Pine Ridge Road, and the east/west bisecting easement is in place as required by the PUD document. Staff has not received any-letters for or against this petition, therefore recommends that the Planning Commission approve Petition PSP 98-12. I would be happy to answer any questions you may have. CHAIRMAN BRUET: Further questions of staff? MR. DAVIS: Mr. Chairman? Mr. Bellows, we recently saw one just west of here, was it the Angilleri PUD, where they -- you'll have to help me here. Where does that project stand with the new service station regulations that were recently adopted? MR. BELLOWS: Yes. The Pine Ridge Corners was the last of these three or four PUDs along this arterial road. The Cleason was just approved prior to the Pine Ridge Corners. That does not have a gas station. Pine Ridge Corners has a gas station, the Hess station, and that's fully compliant with our standards that were adopted for the gas station architectural standards. And the Angilleri is also subject to those standards also. MR. DAVIS: So, in other words' what we're talking about here is a very similar project. MIR. BELLOWS: Yes. MR. DAVIS: Thank you.' ~ CHAIRMAN BRUET: Any further questions? MS. TRAGESSER: I just have one,'Mr. Chairman. I noted on Page 3 of the PUD document, "It should ~e noted that if the proposed road widening project to six lanes -- to six lane, this segment of Pine RidGe Road west of 1-75 is scheduled for completion in 2001." Is -- when that road is widened, will those landscape buffers disappear or how -- will they still be in -- MR. BELLOWS: No. They -- the property -- I think it may be shown here. MR. NINO: You can see the deceleration lane. MR. BELLOWS: Yes. The deceleration lane is built into the primary subdivision plat land. The landscaping area would take place in this area. MS. TRAGESSER: So consideration for the -- MR. BELLOWS: Yes. MS. TRAGESSER: -- expanded lanes has been incorporated into that? MR. BELLOWS: That's correct. Page 43 · i~.I . October 15, 1998 MS. TRAGESSER: Thank you. CHAIRMAN BRUET: I think typically most of the design now accommodates six-laning more on the interior portion of the existing roadway. MS. TRAGESSER: Comes out of the middle. CHAIRMAN BRUET: Yes. Maybe not always, but quite often. Would the petitioner care to address the board? MR. SICILIANO: For the record, my name is Bruce Siciliano with Agnoli, Barber & Brundage. I'm just here to answer questions if you have any this morning. MR. NINO: Let -- Ron Nino. Let the record show, however, that we're not approving his site plan via a PSP for the Hess Gas Station, and really -- it's really inappropriate to really show it on a PSP. CHAIRMAN BRUET: Any further questions to the petitioner? Anyone from in the public here to speak to the issue? Seeing none, the public hearing is closed. Pleasure of the board? MR. WRAGE: Mr. Chairman, I make a motion we approve PSP 98-12. MR. OATES: Second. CHAIRMAN BRUET: There is a motion on the floor to approve by Mr. Wrage, seconded by Mr. Oates. ~' ..... Ail in favor? ~'~ .... ~ Opposed? 1 Motion carries. MR. SICILIANO: Thank you, Commissioners. CHAIRMAN BRUET: H is continued. Petition Number PUD Number 98-10. This being a public hearing, all those wishing to speak to this issue, please stand and raise your right hand and repeat after the court reporter. (The speakers were sworn.) CHAIRMAN BRUET: Thank you. MR. BELLOWS: Again, for the record, Ray Bellows, current planning. Robert Duane and Bruce Anderson are representing Jim Colosimo. They are proposing to re-zone estate zoned property to a PUD. As you can see on the location map, the project is just adjacent to the Pine Ridge Road activity center, 1-75 activity center. It's in the Golden Gate Estates area on the Golden Gate master plan. Earlier this year an ordinance was passed to amend the Golden Gate master plan to allow for C-1 type uses, an assisted living facility. That's the intent of this petition is to allow for the type T uses, also an assisted.living unit. As you can see on the master plan, when the Golden Gate master plan was amended to allow for this~commercial area, they required a seventy-five foot setback from the western property line and from the northern property line of the estates zoned properties to the north. There's also a preserve area to the east adjacent to the Gateway PUD. The traffic impact statement indicates that the project will not significantly -- will not have a significant impact on Pine Ridge Road Page 44 October 15, 1998 and will not lower the adopted level of service below adopted standards. The project is fully consistent with the Golden Gate master plan and the revisions -- amended language as part of that. There's -- with the seventy-five foot wide buffer adjacent to Livingston Wood Lane, there is sufficient separation to maintain compatibility with the adjacent properties. Its maximum height is limited to thirty-five feet, which is similar to the height~ allowed in estate zoning districts. No letters have been received for or against this petition. Therefore staff is recommending that the Planning Commission approve this petition. CHAIRMAN BRUET: Any further questions of staff? If not, does the petitioner care to address the board? MR. ANDERSON: For the record, Mr. Chairman, my name is Bruce Anderson on behalf of the property owner. Mr. Duane asked that I extend his apologies, that he's unable to share this special time with you this morning. He is attending to his duties with the regional planning council this morning. I'll be happy to answer any questions that you may have. CHAIRMAN BRUET: Are there any questions of the petitioner? MR. DAVIS: I think, you know, we should have Bruce come like in the beginning so we can kind of start -- CHAIRMAN BRUET: It got a little heavy this morning. We really would have -- if we could have fit him in between those two. Anyone in the public care to speak to the issue? If not, the public hearing is closed. MR. ANDERSON: Thank CHAIRMAN BRUET: Pleasure of--the board? MR. WRAGE: Mr. Chairman, I make a motion we approve PUD 98-10, subject to conditions as stated.. ' MS. URBANIK: Second. MR. OATES: We again recommend approval. CHAIRMAN BRUET: There is a motion to recommend approval by Mr. Wrage, seconded by Ms. Urbanik. Is there any further discussion? All in favor? Opposed? Motion carries. Ron, I notice that I failed to read the paragraph about the boat dock appeal that could be possible. Could staff maybe drop him a quick note saying -- put him on notice, please? MR. NINO: Yes. Thank you. CHAIRMAN BRUET: Thank you. MR. PEDONE: Gary, when you say "Mr. Chairman" -- CHAIRMAN BRUET: V, Petition Number 98-19. This being a public hemring, all those wishing to speak.to this issue, please stand, raise your right hand, repeat after the court reporter. MR. OATES: Excuse me. CHAIPd4AN BRUET: That's been continued. I m sorry~.~I~ve Oh, got it written down. Page 45 October 15, 1998 MR. 'zM~AGE: You' re on your own. CHAIRMAN BRUET: I got on such a roll here, I just couldn't stop. I was on a roll. MR. DAVIS: I think we're done, Mr. Chairman. CHAIRMAN BRUET: Thank you. Any further issues or items? MR. OATES: No. I just have a question. Should we keep this Hoover thing or is it going to be changed or -- MR. BELLOWS: You'll be getting another staff report. MR. NINO: We'll mail you another package. MR. OATES: Okay. Thanks. CHAIRMAN BRUET: Therefore, no further business? Oh. Mr. Davis. MR. DAVIS: One comment. It's great to have somebody here from "transportation. We look forward to seeing you because, as you saw today, sometimes we have a ~lot of questions. MS. TRAGESSER: Yes. Welcome. ~ CHAIRMAN BRUET: Glad you' re here. MR. NINO: May I take the opportunity, however, to introduce a new staff member, current planning, Ave Yirgou, Y-i-R-G-O-V. MR. YIRGOU: Y-I-R-G-O-U. MR. NINO: G-O-U, I'm sorry. And Ave is A-V-E. It's a short form. And Ave is a Planner 1 with us and in the near future will probably be presenting boat docks and variances. CHAIRMAN BRUET: Very good. Welcome aboard. HR. OATES: Welcome. MS. URBANIK: Welcome. CHAIRMAN BRUET: Good to have you. HR. NINO: I might add that Ave also has a Ph.D. so we' re getting pretty top heavy. HR. OATES: Oh, my God. CHAIRMAN BRUET: Oh, my God. MR. OATES: Mr. Chairman, under New Business, are we going to get rid of you already? CHAIRMAN BRUET: God, I hope not. I thought I did better this week. MS. TRAGESSER: I don' t think you were here -- CHAIRMAN BRUET: After my firs~ meeting, maybe, but I felt better today. Thank you. HR. WRAGE: It looks to have a lot of public comment today, too. CHAIRMAN BRUET: Public comment apparently is rather small. HR. WRAGE: Even the news press left. CHAIRMAN BRUET: Discussion of future agenda. LDC meetings, do we need to go over that? HR. NINO: No. You will get an agenda package pretty soon. MR. OATES: I'm sorry, but what are those dates? MR. Ar/NO: Well, you know, I forget -- I didn't bring it with me. I'm sorry. HR. OATES: Okay. Page 46 October 15, 1998 MR. DAVIS: That final approved list, maybe you could re-mail that to us with our next packet because we've got some meetings coming up in November. . MR. NINO: Yes, I will. We have some meetings coming up in November, and in orde~ to. avoid the conflict with having sufficient time following DSAC, we had to ~chedule your meeting for a Thursday night instead of, you know, the traditional Wednesday night. So it would be on Thursday night at 5:05, and I'll send you a revised schedule. Actually, you've received a revised schedule a couple of meetings ago, but I wasn't here to point it out to you. MR. PEDONE: But it won't be on Thanksgiving, will it? MR. NINO: No, it won't. CHAIRMAN BRUET: You pointed out a few meetings ago a meeting that we need to conduct to take care of one simple element of business. MR. OATES: The Immokalee folks said they probably wouldn't be coming. It's like two minutes, maybe. MR. NINO: I don't recall. CHAIRMAN BRUET: It was something that the LDC required us to do. MR. NINO: Well, let me try to think of what it was. We will have a bike path speaker here at your next meeting. MR. OATES: This was something that Russell said he wasn't coming over for two minutes and, I think -- MR. NINO: There is a requirement in the LDC that you meet once a year in Immokalee. CHAIRMAN BRUET: No. I think this was something -- MR. OATES: No. This was here.. MR. NINO: Let me see what ~hat was. MR. DAVIS: The requirement in the LDC -- MR. NINO: Sorry to get forget2ul. MR. DAVIS: To meet once a year in Immokalee has, over the years, been understood to be -- MR. NINO: If necessary. CHAIRMAN BRUET: -- at the discretion of the chairman, if we feel a necessity to meet there for a particular land use item, we do so, which we have many times in the past. MR. PEDONE: Yeah. But the last one we met nobody showed up from Immokalee. M~. OATES: That's correct. CHAIRMAN BRUET: Well, I would still want to follow that pattern. MR. WRAGE: I think the necessity has waned due to the lack of the presence of Fred Thomas. CHAIRMAN BRUET: But I do want to follow that. Maybe the next Immokalee item we need to give that a thought in advance. Thank you. Any further business? I declare the meeting closed, adjourned. There being no fur=her bU'sines?~'for the good of the County, the Page 47 October 15, 1998 meeting was adjourned by order of the Chair at 11:08 a.m. COLLIER COUNTY PLANNING COMMISSION TRANSCRIPT PREPARED ON BEHALF ELIZABETH M. BROOKS, R,P.R.~, ~ MICHAEL J. BRUET, CHAIRMAN COURT REPORTING SERVICES BY: Page 48 State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 99-CJ-gM-09-21-01-212 in the amount of $249,821, for a project entitled: Development and Automation of ~ Criminal Court Case Records Reporting System for the period of 1010~/98 through 09130199 in accordance with the statement of work contained'in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Sign~tu~ ~f -t~horiz~d ~ial) (Date of Acceptance) (Typed Name an~ ~itle of Official) County Attm. n~y Attest as to Cha?rman's Signature only. DCA-CJ Form 1 (June, 1985) State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance The Sadowski Building 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 ~UBGRANT AWARD CERTIFICATE_ Subgrantee: Collier County ~oard of Commissioners Date of Award: Grant Period: From: 10/01/98 To:09/30/99 Project Title: Development and Automation of Criminal Court Case Records Reporting System Grant Number: 99-cJ-gM-09-21-01-212 Federal Funds: $249,821.00 BGMTF Funds: State Agency Match: Local Agency Match: Total Project Cost: Program Area:' 15C $83,274.00 $333,095.00 Award is hereby made in the amount and for the period shown above of a grant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached standard or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-il0 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351 as amended and P.L. 100-690. ' ' Department of Community Affairs Division of Housing and Co--unity Development Bureau of Community Assistance The Sadowski Building 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 SPECIAL CONDITION (S) /GENERAL COMMENT (S) Grantee (Name of SPA): Bureau of Community Assistance Grant Number: 99-cJ-gM-09-21-01-212 Grant Title: Development and.Automation'Of Criminal Court Case Records Reporting"~SYstem In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition(s)/General Comment(s): GENERAL COMMENT (S) : The ADP Equipment Form is approved. Sole Source approval for the contract between Collier County and Poll-Sci Consulting has been granted by the Department of Community Affairs . AGREEMENT FOR COI,LIER COUNTY PARTIAL FUNDING OF TIlE COLI.IER ~OUNTY LEGAL AID SOCIETY, INC. TI-lIS AGREEMEN'I i's entered into this ~ day of ~¢cernloec-, 1998 by Collier Count Fie ' ' '~'~' ~' ' y, .nda, a poht~¢a[ ~ubd~vision of the State of Florida, through its Board of County Commissioners, hcrcinaQ%r i2cfcrred to as the ".County", and the Collier County Legal Aid Society, Inc., d/b/a/the Legal Aid Society of;Collier County, a Florida not-for profit corporation, hereinafter referred to as "Legal Aid Society". ~ WlTNESSETH: WHEREAS, on June 16, 1998, thc County approved an ordinance providing for partial fimding for a legal aid office in Collier County; and, WHEREAS, the Collier County Bar Association has led the local effort to establish the Legal Aid Society to assist qualified indigent residents of Collier County with family law legal problems; and, WHEREAS, the County, in Collier County Ordinance No. 98-57, specifically found that providing fimding assistance for thc Collier County Bar Association's efforts to establish and maintain a legal aid office helps to address a public need and serves a lawful and necessary public purpose; and, WHEREAS, the Legal Aid Society is a priyate, not-for-profit corporation created through the efforts of the Collier County Bar Association to serve as the office which will address the legal needs of qualified indigent residents '):hr'Collier County regarding family law legal problems; and, WHEREAS, it is in the best interest of the County to enter into a contract with the Legal Aid Society to conduct activities in accordance with the terms and conditions set forth herein; and, WHEREAS, the County, through Collier County Ordinance No. 98-57 has approved service charges/filing fees which are authorized by Florida Statutes to be used exclusively for the purposes of establishing, staffing, equipping, furnishing and operating a legal aid office for the representation of qualified indigent residents of Collier County. Specifically, the County has approved a service charge of $10.00 in probate matters, a fee of $10.00 for each civil action filed in the Circuit Court and a service charge orS10.00 for civil actions in County Court. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. ~ ~ ~';:i':'~:~.~3:" ''~:'~' .... ~ I. COUNTY FUNDING. Pursuant to Collier County Ordinance No. 98-57, and as authorized by Sections 28.2401, 28.241 and 34.041, Florida Statutes, the County hereby establishes Ille attached budget (Exhibit A) for the purpose of assisting with partial funding to establish, staff, equip, furnish and operate a legal aid office for tile representation of qualified indigent residents of Collier County. Said budget for expenditures shall be established annually by tile County. 2. COUNTY PAYMENT OF LEGAL AID SOCIETY EXPENDITURES. Authorized expenditures from the budget referenced in Paragraph I, arc set forth in tile attached breakdown of expenditures (Exhibit B). Amendments to Exhibit B will be made in accordance with the County budget amendment policy. Payments for expenditures shall be made bi-weekly upon the presentation of proper invoices/receipts to the Collier County Finance Department by the Legal Aid Society. Payment shaI1 be made in accordance with tile Florida Prompt Payment Act. ~ 3. LEGAl. AID SOCIETY REOUIREMENTS. In performing this Agreement, thc Legal Aid Society shall: a. establish, staff, equip, furnish and operate a legal aid office for tile representation of qualified indigent residents of Collier County xvho have flintily law legal problems. b. use its best efforts to obtain high quality supplies and services for use in the performance of these services at tile lowest practical costs and shall expend funds in accordance with the budget attached hereto as Exhibit "A". c. act as an independent contractor in the performance ofthis Agreement. d. fumish tile County Administrator and Clerk of Courts with a semi-annual (5/I 5 and 11/I 5 of each budget year) narrative progress report on the program and activities and expenditures of County funds described in tile budget (Exhibit A), approved expenditures (Exhibit B) and this Agreement. c. provide to the County evidence of legal professional liability insurance with limits of not less than $500,000 for each claim. Said insurance shall be underwritten by a carrier acceptable to the County. fi provide tile County and tile Clerk of Courts with full and complete access to all financial records including its budget, private funding sources, expenditures and all financial activities. Thc Legal Aid Society shall', keep orderly and complete records of its 2 i511 financial accounts and financial transactions involving tile funds provided to the Legal Aid Society under this Agreement. The Legal Aid Society shall open these records Io inspection by County personnel at reasonable hours during tile entire term of the Agreement. Any person duly authorized by tile County shall have full access and the right to examine any of these records during the term of tile Agreement and up to three (3) years Ihcrcaficr. Thc provisions of this paragraph shall survive the termination of this Agreement as to thc Iiscal years, or portions tbcreofi, during which this Agreement is in effect. g. to thc extent pcnniltcd by law, dcfcnd, indcmni~, and hold harmless thc County from and against all claims, damages, losses and expenses, including rcasonaMc attorney's fees and costs, arising out of or resulting from the pcrfommncc by the Legal Aid Society of its responsibilities under this Agreement. h. not assign or subcontract any of thc services which are thc subject of this Agreement without obtaining written consent from thc County in advance of said ~,ssignnlcnt or subcontracting. Said consent shall not be unreasonably withheld by the County. i. not discriminate against any employee or person served under this Agreement on tim basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status. j. comply with ali applicable safety laws, ordinances, rules, regulations. standards and lawful order of any public authority having jurisdiction over the matter in question. 4. TERM OF AGREEMENT. Thc term of this Agreement shall be for a pcriod of one year to begin October I, 1998 and to end on September 30, 1999, unless tcmfinatcd earlier itl accordance with thc provisions of this Agreement. 5. TERMINATION OF AGREEMENT. Should either party fifil to pcrfoml under the requirements of this Agreement, then thc non-breaching party may tem~inate said Agreement immediately for cause. Either party may terminate this Agreement for convenience with 120 day written notice to the olher party. All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and sent to tho following addresses: rC~ ..................... Ao Jill Burzynski, Esq.. President Legal Aid Society c/o Burzynski & Pfeuffcr ! 124 Goodlettc Road Naples, Florida 34102 Office of thc County Attorney 3301 East Tamiami Trail Building "F", 8th Floor Naples, Florida 34112 7. AMENDMENTS TO THIS AGREEMENT. Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid xvhcn they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. Waiver by cither pan.,,, of thc breach by the other parly of any provisions of this Agreement shall not be deemed a ~vaivcr of any other or subsequent breaches and shall not be constrt, cd Io be a modification of the terms ofthis Agreement. IN WITNESS WHEREOF, the parties, through their duly authorized representatives. have executed this Agreement on thc dates set forth above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA A'KBAR/{ B. I~ERRY~. Chain~n~ 4 WITNESSES: I'rlntcd, '[.,, pod Name THE COLLIER COUNTY LEGAL AID SOCIETY, INC. d/b/a/THE LEGAL AID SOCIETY OF COLLIER COUNTY, a Florida not-for-profit corporation Jill Burzynski, Esq. Pnntcd 'Typed Nanx. President Pnnlcd;rypcd 'title (corporate seal) Approved as to form and legal suflicicncy as to Collier County: Chief Assistant Cotmty Attorney . h ( ;afl'.Agrccrncn Is 1 .cgal A ~d Soc ~cly - N,..,4)14 EXHIBIT A ANNUAL BUDGET FOR PARTIAL FUNDING OF THE LEGAL AID SOCIETY, INC. EXPENDITURES: Operating Expenses (Contracted Services) Total 94.900 94,900 REVENUES: Service Charges/Fees Revenue Reserve Total $ 99,800 ¢ 4.900) 94,900 h:(;Ir~'~gr¢cmcnls-I.cgal Aid-I~x A EXHIBIT B THE LEGAL AID SOCIETY OF COLLIER COUNTY Date 11/16/98 TO: Dwight E Brock Collier County Clerk of Courls Colher County Courthouse Complex Naples. Flonda 34112 RE: (1) Month Budget (From 11116198 through 12116198) CATEGORY ITEM MONTHLY AMT YTD ANNUAL BUDGET AMOUNT Personnel ~.o..m e_~_S, a. I_a_ ?~ .............. 3,33333 40.000.00 __E__x .l:~__n _se_ s___. _S~__~ et__a/y Salary 1,418.6_6 ................... .1..7_, _8_ _O~.._0_0.. FICA/SS/MEDICARE 363.38 ........ 4_L360 50 .. U__nemplqyment 47,50 __. 57000 ................ M_e. _d i_c-,a I__~l_n S u_.r a___n._ce- ........... 140.00 ___ 3,996.00. ___ mo. for l_e_mployee) Worker's C~om pensation .. ~ 3,073.50- SUBTOTAL 5,300.87 69,000.00 ~n~ office Space/Rent .... 800'.'~0 ........ 9.600.00 [P e ~-o-n-n-~ i I~ ~-~ e n ~1~-~ i'i U ~;~-- ........... -8~;~7~ ...... '~Expenses .Office Supphes 266.67 3 20000 t ..... re~lePhone 125.00 1,500.00 .insurance/Premise 42.50 510 00 [ .......... ilnsuranceJProfessional Liability_ .... 115.67 ~ q'raining & Seminars 1,500.00 ~ ~soc. Dues & Fees 41.67 500.00 , ~,udit Fees 83.33 1,000 00 ! Research & Periodicals [libr.a_[y'~_ 250.00 3,000.00 Temporary Personnel Expenses ._ 2~000.00 t ............. 3.~c~:.~-~. u a~e_? ~ ~_. ~_~_.~. 4 ~6.67 - .... 5,000.00 ~UBTOTAL ~'nnual C o fpo r a!?_F_ ilin_,g._F.ees .................................... ___5 ~ _0_00_ ~ 2e74,~4_ RELA'~'~D LITIGATION EXPENSES ~ PER C.LIENm ~_' .. -- ' -- $20,612.00 T~A_L_ BUDGETAMOUN~T ...... 8,275.71 ....... $12~9_,310.00 tlNCOME: Filing Fees (per lgg7 (f~ $10.00 per caselg,g81 cases) Bar;.Dues (1.9981 Donations/Fund Raising ~otal IncomeI $99,810.00 $24,50o.00 ~;0'o_~ NapLes DaiLy Heys Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHMISSIONERS ATTN: MIATTA SIRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 912501 57785425 SNR-98-S NOTZCE OF P State of FLorida County of Collier Before the undersigned authority, personally allocated Angels Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily Ne~s, a daily neuspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said 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 office in Naples, in said Collier County, Florida, for a peri~ of I year next precedi~ the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/22 AD SPACE: 91.000 INCH FILED ON: 11/23/98 $~rn to and Subscribed before me this .~:...L~. ~a~,~ i/l~/,) .~ .3 .c-.c~c-~yycycy 193~ Pers~aLLy known by ma ]oyce E. Blozier MISSION e CC 102521 EXPII~ES. ApH110, 2002 [~ rH~j T~Y FAIN INSUQANC~ PUBLIC HEARING Notice is hereby given that the Boord of Coonty Commissioners of Collier County, will hold o public hearing on TUESDAY, DECEMBER 8, 1998, In the BoardrOom, 3rd Fl(x)r, Ad- minlstroflo~ Building, Col- lier County Government Center, 3301 East Tamlo. mi Trail Noples. Florldo. The meet ng will begin at 9:00 A.M. The Board will conslde~ Petition SNR-- 98-5, Rob Wright repre- · enfing Glen Eogle Golf Country Club, requesting a street name change from Embassy Woods Boulevard to Glen Eogle Boulevard located In Em- bossy Woods Golf & Country Club of Bretonne Pork, in Section 50 Town- '~nip 50 SOuth, Range 26 East, Collier County, NOTE: All persons wishlr~ to speak on O~endo Item must regis. tar with the County ad- ministrator PRIOR to presentatio~ of the noon. do item to be oddressed. Indt¥1doal ~oeoker$ will be limited to 5 mlnofes Ony ttem. The selection of on Individual to ~eak on beholf of on orgonlzotion or (3roup is encouroged. recognized by the Chair- man. o spoke~erson for 0 Oroup or orgonJzotion may be shotted 10 min. ules fo speo'- on on item, Persons wishing to here writlen o~ g~oPhic moterlOIs included In the Boord agenda pockets must e, ubmlt sold materiol o minimum of 3 weeks prior to the respective public hooting. In on¥ cose0 written moteriols tended to be considered by the B~ord shcfil be sub- mitted to the oPprobrlofe County staff o minimum of seven days prior to the Public hearing. All moterl. cfi used In ~'esentofio~s before the B4xyd will be. come o Permonent ~ of the record. Any person who decid- es to olAoecfi o declslo~ of the Board will need a re- cord of the Proceedlnes pertaining thereto, and therefore~ moy need to ensure thor o verbc~lm record of the proceedings Is mode, which record cludes the testimony Grid! evidence ul~ which the ~ecfi Is to be hosed. BOARD OF: COUNTY COMMISSIONERS ' COLLIER COUNTY, FLORIDA BARBARA B. BERRY, ' CHAIRMAN DWIGHT E. BROCK, CLERK By:/$/EIIle Hcffmon, Deputy Clerk (SEAL) November 22 No. 1306017 FAX 9 OF PAGES -~ (XNCLUDI2~ ~S COVER) LOCATION: FAX NO: COMMENTS: PAM PERRELL NAPLES DAII.Y 263-4703 LISA STEELE PHONE NO: (941} 774-8~06 November 10, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public }{earing to Consider Petition SNR-98-5, Street Name Change from Embassy Woods Boulevard to Glen Eagle Boulevard Dear Pam: Please advertise the above referenced notice one time on Sunday, November 22, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, DECEMBER 8, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR-98-5, Rob Wright, representing Glen Eagle Golf & Country Club, requesting a street name change from Embassy Woods Boulevard to Glen Eagle Boulevard located in Embassy Woods Golf & Country Club at Bretonne Park, in Section 5, Township 50 South, Range 26 East, Collier County, Florida. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behal~ of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need %o ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) - - .......... I I IIII -' I-7 ~I November 10, 1998 Mr. Rob Wright, General Manager Glen Eagle Golf & Country Club 1403 Glen Eagle Boulevard Naples, FL 34104 Re: Notice of Public Hearing to Consider Petition SNR-98-5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 8, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 22, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC llEARINGS To: Clerk to the B()ard: Please iff;ice Ihe follossing as a: XXX Normal legal Advcrliscmcnt (Display Adv.. location, crc.) [] Othcr: Pctition No. (I f none. give bricf dcscription): SNR-9,~-5 Pctmoncr: tNamc &Addrcss): Mr. Rob Wright, Gcncral Manager, Glcn Eagle Golf& Country Club, 1403 Glen Eaglc Bottlcvard, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If marc space is needed, attach scparatc shcct) Hcmng before XXX BCC BZA Other Newspaper(s) to be used: (Complctc only if imponant): Based on advertisement appcan ays before hearing XXX N;~ples Dmlv Ncws Olhcr [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. SNR-98-5, Rob Wright, representing Glen Eagle Golf& Counts' Club, requesting a strccl name chang;c from Emboss' Woods Boulevard to Glen Eagle Boulevard located in Emboss' Woods Golf& Country Club at Brclonne Park, in Section 5, Township 50 South, Range 26 East. Companion petition(s), iran)' & proposed hearing date: Docs Petition Fee include advertising cost? [~Ycs [] No If Yes, what account should be charged for advertising costs: i13-138323-649110 Rcx'icwcd by~ Approved by: Division Head Date Count.',' Manager Date Lisl Altachmcnts: AD DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person Io complete one co)' and al)lain Division llead approval before submitting to Count)' Manager. Note: If legal docnment in torah'ed, be sure that any necessar?,.' legal review, or request for same, is submitted lo Counly Attorney before submitting Io Count)' Manager. The Manager's office will dislribule copies: [] County Manager agenda file: In Clerk's Office J'-J Requesting Division [] Original B. Othcr hearings: Initialing Division head to approvc and submit original to Clerk's Officc. rct:,ining a cop.',' for file. Date Reccived: /////~,,/~'- Dale or Public hearing:./,,~ Date Advcrtiscd: RESOLUTION NO. 99- RESOLUTIO~I RENAMING EMBASSY WOODS BOULEVARD TO GLEN EAGLE BOULEVARD SOUTH; EMBASSY WOODS BOULEVARD EAST AND WEST TO GLEN EAGLE BOULEVARD; A~:D AMBASSA2CR BOULEVARD TO GLEN EAGLE BOULEVARD NORTH, WHICH STREETS ARE LOCATED i~; E>~RA$SY WCCFS GOLF & COUNTRY CLUB AT ~ETS~;~E ~ARK £UBDIVISIOrl, Ar;D LOCATED iH SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 2OLLiER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to au%torlty cf Chapter 336.05, Florida Statutes, to name or rename streets ant roads, ezcept for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Embassy Woods Boulevard to Glen Eagle Boulevard South; Embassy Woods Boulevard East and West to Glen Eagle Boulevard and A~bassador Boulevard to Glen Eagle Boulevard North. These streets are located in Section 5, Township 50 South, Range 26 East, Collier County, Florida, Embassy Woods Golf & Country Club at Bretonne Park, according to the plat thereof, recorded in Plat Book 17, Pages 73-67 and Plat Book 30, Pages 21-23, of the Official Records of Collier County, Florida; WHEREAS, there appear to be no streets in Collier County with this name these names or any similar sounding names; and WHEREAS, it is necessary for identification purposes to confirm the name of the streets, ~;OW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of these street are hereby changed from Embassy Woods Boulevard to Glen Eagle Boulevard South; Embassy Woods Boulevard East and West to Glen Eagle Boulevard; and A~nbassador Boulevard to Glen Eagle Boulevard North and are confirmed as such. BE IT FURTHER RESOLVED that~this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier C~unty, and notatic~ns made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , ]999. ATTEST: BOARE OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: ,.~arjor_~e-i4. ~t'udent Assistant County Attorney BY: Chairman RESOLUTION NO. 9~-~85 ~ RESOLUTION RENAMING EMBASSY WOODS BOULEVARD TO GLEN EAGLE BOULEVARD SOUTH; EMBASSY WOODS BOULEVARD EAST AND WEST TO GLEN EAGLE BOULEVARD; AND AMBASSADOR BOULEVARD TO GLEN EAGLE BOULEVARD NORTH, WHICH STREETS ARE LOCATED IN EMBASSY WOODS GOLF & COUNTRY CLUB AT BRETONNE PARK SUBDIVISION, AND LOCATED IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Conunissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Embassy Woods Boulevard to Glen Eagle Boulevard South; Embassy Woods Boulevard EaSt and West to Glen Eagle Boulevard and Ambassador Boulevard to Glen Eagle Boulevard North. These streets are located in Section 5, Township 50 South, Range 26 East, Collier Ccunty, Florida, Embassy Woods Golf & Country Club at Bretonne Park, accordin~ to the plat thereof, recorded in Plat Book 17, Pages 73-67 and Plat Book 30, Pages 21-23, of the Official Records of Collier County, WHEREAS, there appear to be no st=eets in Collier County wi~h this name these names or any similar sounding names; and WHEREAS, it is necessary for identification purposes to confirm the name of the streets, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of these street are hereby changed from Embassy Woods Boulevard to Glen Eagle Boulevard South; Embassy Woods Boulevard East and West to Glen Eagle Boulevard; and AmbaSsador Boulevard to Glen Eagle Boulevard North and are confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this ~w~(, day of ~~F.4 J, 199s. ATTEST: HT E. BROCK,' tler'k Attest a; to (hatrman'$ ~tgnature .only. pprovea as to Form and Legal Sufficiency: Marjord[e £4. ~tudent Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Naples Oaily News Naples, FL 341ffi Affidavit of Publication Naples Oaily News BOARD OF COUNTY COHHISSIONERS ATTN: ~IATTA SIRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 912501 57783538 SNR-98-11 NOTICE OF State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily Neus is a newspaper published at Naples, in said 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 ·atter at the post office in Nap[es, 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 coporatton any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHEO ON: 11/22 Al) SPACE: 89.000 XNCH FXLED ON: 11/23/98 Signature of Affiant /L/~,//~ ' L,',' / ', ,://r, / S~rn ,o a~ Subscri~ before me this ~H day of .::';;)'.~;:. ]oyce E. Bloz~er /"*~' ,*-'*:"~ ~4' )~ C:'I ~..! .u~ ?': "fCC, .. ,fl.) ON a CCTO2$21 EX='~E.t · ,,,£,,,,.,, :... ~ . ~OTICE OF Cente~, 3301 East TomcO. con~de, Petlti~ S~R .- to At~ Woy, I~ed in ~l~onv Pl~e Phose 2, in ~ction 5, TownshtD ~, Ronoe 26 NOTE: All persons ~ tar wt~ ~e Cou~v ~. ~ mlnistrotor PRIOR to Individual ~ers will ~ limited to 5 min~es ~ ~ individ~l to ~e~ ~ ~holf o~ on rec~nlz~ by ~e Chair. ~Y be ollofled 10 min. O minimum of 3 weeks CO~, ~lffen ~eri~s in. tended to be c~sldered by the ~rd s~ll ~ ~b- miffed tO the appraise Cou~ staff o mtnlmum publl~ he~ing. All m~i. J al u~d In ~esent~lms [ beJ~e ~e ~d will ~- es to ~e~ o ~lsl~ of ~e B~d will need o re. C~d of the Pr~l~ e~olnlng ther~o, and eref~e~ ~v ~ed to rec~d of ~ Is m~e which rec~d in. evidence ~ wh ch ~e m~ol Is lo be BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY ~LORIDA ' BARBARA B. BERRY, C~AI~MAN DWIGHT E. BROCK, CLERK y: ,'~/Ellle Ho~, epulv Cler~ (SEAL} Novem~r 2~ No. 1310544 Clerk to the AF~JEST .FOIt L£GAL J~VT, tTISXNG O~ I~.~¢ ~:J~IUGS (if r~,,e, gi,,e I~'i~t ces~ripti:,~): ~NR-98-] 1 (.~ & ~s): Peppy Jarrell/Addres~inq Dept. Collier County Development Services 2800 N, HQ~seshoe Drive Maples,Fla. 34104 ,~ 6 ~dress of any I:>er~o~(S) :: :>e mc*fled I:~ CLerk's Office: (['. ~ore SD4¢e r~e~, aCta~.A Se::~.-ate SAEtia) ~f~s~4~erCs) FO be ~sed: CC~-~-~_Le:e o~Ly if i~rc~c i ;, ~ ,~i. OiiLy K~s or L~zLIy r~ir~ ~ ~ ~her S~-98-11 (RG) Pe9~ Ja~ell representin9 the Colli~ ~t~ Comunity Development and Environmental'~'*'' Services Division change from Athol in Brittany Place Township 50 South, requesting a street name Court to Athol Way located Phase 2, in Section 5, Range 26 East. cisc ~ttm:~me~cs:C1) (2), (3). ~T~ ~ITT~II [ ~$TIKJCT ICXrS Fo** hesrir~p b~for~ 8C~ c~ 824: Iflitlatir~perscfl to ~ete ~~ ~ain Oivisi~ Ne~ ~L b ~ittt~ to~~. ~: If t~ ~ Is (~t~, ~ ~ thaw ~~ t~t r~ie r~ f~ ~. i~ ~ tO ~ Att~ ~f~ ~ttJ~ to ~ ~. The ~'s Off~ distrt~e ~i~: FAX NAPLES DAILY NEWS ELLIE HOFFMAN .L ? ('; November 16, 1998 ~4s. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SNR-98-11 Dear Pam: Please advertise the above referenced notice one time on Sunday, November 22, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, DECEMBER 8, 199~, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR-98-11, Peggy Jarrell, representing the Collier County Community Development and Environmental Services Division, requesting a street name change from Athol Court to Athol Way, located in Brittany Place Phase 2, in Section 5, Township 50 South, Range 26 East. NOTE: Ail persons wishing to speak on any agenda item must register wit~{ the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recounized by the Chairman, a spokesperson for a group or organization may be allotted ]0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIR~4AN DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) RESOLUTION NO.~.~~-_ RESOLUTiC:: RENA:.'.iXG ATHOL COURT TO "ATHOL WAY", WHICH STREET iS LOCATED IN BRITTANY PLACE PHASE 2 iN S.,,,CN 5, TOWNSHIP 50 gOUT}{, FANGE 26 EAST, CCi. LiER COUNTY, FLORIDA. WHEFEA.;, the 5~aru :f Cuunt'{ Co~T,!ssioners ~ autho~'ized pursuanu .... ,~.~5, Y!urida £ta~utes, t~ r. ame ct rename streets ~ :acs, ....---.~:...~ for iertaln state roads; and WHE~EA£, the 5oarc~ of County Commissioners has Dean requested to confirm the renam~n-: of Athol Court to Athci Way. This street is located in Section , .~wn .... w 50 South, Range 26 East, Collier Count},, Florida, Brittany Place Phase 2, according to the plat thereof, recorded in Plat Book 30, Pages 29-31, cf the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name ir any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS CF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from Athol Court to Athol Way and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DWIGHT E. BROCK, Clerk Chairman Apprcved as to Form and Legal 3ufficiencv: .::£sistant -;;unty Attorney ,"IF~ n ~ ~qq~t 1/C ';: RESOI,UTION RENAMING ATHOL COURT TO "ATHOI, WAY", WHICH STREET IS LOCATED IN BRITTANY PLACE PHASE 2, I[1 SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Comraissioners is authorized pursuant to authority o.~ Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and ;':HE.~EAS, 'he Bc~arct of County Commissioners has been requested t.o confirm :.~,e renam~r;q ~ Athot Court to Athol Way. This street is located in L;ection 5, '/~wnshi[~ 50 ~;,~uth, ~anqe 26 East, Cc~l[ier County, Florida, [~ritt. any Place ?ha:~.3 2, u : :.:r,lir:q 1.~ tie plat thereof, recorded in Plat Book ~t), 2q-3!, c.f the O~fic~al Pecords of Collier County, Florida; WHEREA:;, th,}:,, af,[,,~ars t:c} be no street in Collier CountT witL :b.f:q namr. ;';HK~AT, it is :;o,ressary for identification purposes to ~7'~:flrm thc- name I;OW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from Athol Court to Athol Way and is confirmed as such. BE iT ?JRTHER RESOLVED that this Resolution be recorded in the Public [~eccrds :.;f Coiiior County, Florida, and noted upon the maps of the street and 2~n~n~ at l~sr~s .-f '7ol!i~r Cr)unty, ~and hr>rations made on the referen::ed Plat. Th~s ?r~solu* ic)n adopted aftc~r motion, second and majority Dcne this ~ day of ~, 1999. ATTEST: Attest 3l~nature, ct, i~'. npprovea a~',' to Form and Legal Sufficiency: Marjo)ie ~. Student Assistant County A~torney BOARD OF COUNTY CCMMISSIONEt{S COLLIER COUNTY, FLORIDA *** 2412819 0R: 2496 PG: 0662 ***