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Backup Documents 09/08/1998 R REGULAR HEETING OF THE BOARD OF COUNTY COIJ~ISSIONERS SEPTEHBER 8. lg98 State o; Cc~ t ~' of tn CoLLte~ AffJ~t furtht~ ~se of ~ecur~ ~P,~I ~ertts~,t for f~q. lS~.~ (r~: C?/06 COLI~E~ COUNTY BOARD OF COONTY COMMISSI~ Tuesday, Sept~ 8, 1998 9:00 a.m. ~ , NOTICE: ALL PERSONS WIS]lING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. S~ MUST REGI~ WIT}{ THE COUNTY AD~<INISTRATOR .PRIOR TO ~[E PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. RE~S TO ADDRESS ~IE ~OARD ON SU~kTECTS WHICH ARE NOT ON THIS COUNTY AEli/NISTRATOR AT LEA.%~ 13 DAYS PRIOR TO TKE DATE OF ]~TING AND WIL~. BE HEARD D~IDER 'PUBLIC PETITIONS' ,~ ANY PERSON W/{O DECIDES TO APPEAL A DECISION OF THIS ~OARD NEED A RECORD OF THE PROCEEDINGS PE~rA/NING TR~RET~, AND ~[ER__~FORE MAY NEED TO ENSURE THAT A VEPJ~ATIM RECORD OF Tm~ PROCEEDINGS IS MADE, W~/~ R]~2ORD ~ THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL TS TO HE BASED. ALL REGISTERED PUBLIC SPEAKERS ~ BE LIMITED TO FIVE M/NUTES UNLESS PERM/SSION FOR ADDITIOR~L TIME IS GRANTED BY THE AVAILABLE IN THE COUNTY ~ss'roRERS' OFFICE. LUNO{ RECESS SO~ FOR 12:00 R00~I TO 1:00 LUNO{ RECESS SC~~ FOR 12:00 ~ TO 1:00 INVOCATION - Pastor Hayes Nicker, Ftgst Sapt£st Chugch of Naples PLEDGE OF ALLEGL/UqCE APPROVAL OF AGENDAS Appproved and/or Adopted with changes A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. PROCLAMATIONS AND SERVI_C~. AM~RD~ A. PRO~TIONS September 8, 1998 1) Proclamation proclaiming September 29, 1998 as Law Enforcement Appreciation Day. To be accepted by Sheriff Don Hunter. Adopted- 5/0 ~es~t~ 1) Gary Gangi, Revenue Services - 5 years 2) Nancy EUP, Library - 10 years 3) Kevin Potter, EMS - 10 years 4) Maria Cruz, Code Enforcement - 10 years 5) Samuel Poole, Jr., EMS - 10 years 6) Joseph Bierley, Wastewater - 10 years 7) Jenne Jemmott, 8) Thomas Bartoe, 9) Joanne Soprano, C. PRESENTATIONS Rec~iz~ Library - 10 years i~ Building Review and~e~mitting - hibrary - 15 years{ ~ 10 years 1) Recommendation to recognize Tom McDonough, Maintenance Worker II, Wastewater Department, as Employee of the Month for September, 1998. A. ANALYSIS OF Oh%NGES TO RF~ FOR C~IES. 7. PUBLIC PETITIONS 8. COONTYAI~4INI~TOR'S REPORT A. COMMUNITY DEVELO~ & ENVIR(~AL SERVI~ B. PUBLIC WORKS 1) Adopt an update to the Collier County Water and Wastewater Master Plans. Al~proved5/0 C. PUBLIC SERVICF.~ MOVED FROM 16Cl 1) Amend the Vanderbilt Beach Concession Agreement. Apl>roved with Day-Star Unlimited, Inc. for beverages only 5/0 Page 2 D. SUPPORT SEKU'ICF~ E. COUNTY ~STRATOR September 8, 1998 F. AIRPORT AUTIIORITY 9. ~ ATTORNEY'S REPORT 10. BOARD OF COUNTY ~SSI~ Recommendation to declare a vacancy on the Contractor's Licensing Board. Resolution 98-374 - Adopted 5/0 B. Appointment of member to the Collier County Airport Authority. Resolution 98-375 Appointing Eugene Scbmidt - Adopted 5/0 C. Appointment of member to the Collier County Planning Commission. Resolution 98-376 Appointing Terri Tragesser - Adopted 5/0 D. Appointment of member to the Historical/Archaeological Preservation Board. Resolution 98-377 AppointingWilliamJ. Tyson - Adopted 5/0 E. Consideration of resolution supporting the formation of a state-wide 'Clean Air Task Force." No action F. Disscusion regarding television equipment (Commissioner Norris) Staff to explore additional progra~afng and to meet w~th Sherri Avery, News Director of Channel 2 11. O'ITIER ITEMS A. OTllt~ CONSTITb'I'I(I%g~ OFFI~ ~OVED FROM 16[I1 1) Recommend that the Board of County Commissioners serve as the local coordinating unit of Government and endorse the Collier County Sheriff's Office Grant Application for continued funding from the State of Florida, Department of Transportation, Highway Safety Funds for the Sheriff's Office D.U.I. Enforcement Project. Approved 5/0 B. PUBLIC~ONGENERALTOPIC~ PUBLIC HEAR~SWILL BE HEARD IMMEDIATRLY FO~ STAFF ITemS 12. A/~rERTISED PUBLIC HFJiRINGS - ~ A. COMPREHENSIVE PLAN B. ZONING A~U~ENTS Page 3 Soptumbur 8, 1998 1) Petition No. PUD-98-6 Robert L. Duane of Hole, Montes & Associates, Inc. representing Mark Bates, requesting a rezone from 'A' Agriculture to 'PUD' Planed Unit Development to be known as Oak Grove PUD for single family and multi-family residential uses with a total of 550 dwelling units for property located at the northwest quadrant of the intersection of Livingston Road North and Daniels Road in Section 1, Township 49 South, Range 25 East, Collier County, Florida, consisting of 137 +/- acres. Ordinance 98-71Adopted S/0 2) Petition No. PUD-98-4 Dwight Nadeau of McAnly Engineering and Design, Inc. representing Gerald L. and Marion M. Bray, and George A. Canaan, requesting a rezone from 'E' Estates to 'PUD' Planed Unit Development to be known as Mir-Mir PUD for commercial uses permitted in the Randall Boulevard Commercial District, as set forth in the Golden Gate Area Master Plan for property located in the southeast quadrant of the intersection of Randall Boulevard and the Naples Immokalee Road, in Section 27, Township 48 South, Range 27 East, Collier County, Florida. Ordinance 98-72 - Adopted with changes 5/0 3) Petition PUD-87-33(2), Mr. Bruce J. Siciliano, of Agnoli, Barber & Brundage, Inc., representing Mr. Uti Eli-AV, Elias Brothers, Inc., requesting an amendment to the 'Windsong" Planned Unit Development (PUD), Ordinance Number 93-74 for the purposes of eliminating the multi-family dwelling types and the adult congregate living facility (ACLF) units and in its place permit single-family dwelling units utilizing the zero lot line development standards thereby increasing the number of dwelling units from 134 to 145 units for property located on the northwest corner of Rattlesnake-Hammock Road (CR-864) and County Barn Road in Section 17, Township 50 South, Range 26 East, Collier County, Florida. Ordinance 98-73 - Adopted w~th changes 5/0 1} Petition SNR-98-4, David W. Schmitt, P.E. of Q. Grady Minor & Associates, P.A., representing Roberto Bollt of Orangetree Associates, requesting a street name change from Randall Boulevard to Valencia Parkway, located in Golden Gate Estates Unit 23, 24, 25, 67, 68 and 69, in Sections 22, 23, and 24, Township 48 South, Range 27 East. Denied - 5/0 13. BOARD OF ZONING APPEALS A. AUVERTISED PUBLIC HEARINGS Page 4 September 8, 1998 !} THIS ITEM IIAS BRF3~WI~%%WN. Petition No. V-98-11, Jerry Neal of Custom Dock & Repair, Inc., representing George & Yohanna Tredwell requesting a 2.3 foot variance from the required setback of 15 feet established for boat docks to 12.7 feet for a proposed boat lift addition onto an existing boat dock facility. The applicant is also requesting a 6.4 foot after-the-fact variance from the setback requirements of 15 feet to 8.6 feet for the west side of the same dock. The proposed boat lift will have 30.7 feet protrusion into the waterway which is the same as the protrusion of the existing dock. The property is located at 12 West Pelican Street in Isles of Capri. 2) THIS ITEM II;kS BEEN DR~.WTED. 3) CONT~ TO EMBER 22, 1998. Petition V-98-10, Sharon M. Zuccaro, representing the Estate of Kenneth Culloden, requesting an After-The-Fact Variance of 46.5 feet from the required rear yard setback of 75 feet to 28.5 feet for property located at 2300 Golden Gate Boulevard, further described as the south half of Tract 16, Golden Gate Estates Unit 8, in Section 7, Township 49 South, Range 27 East, Collier County, Florida. 14. STAFF'S COMMUNICATIONS A. Discussion regarding Marco Island letter with Commissioners. referencing meeting 15. BOARD OF COUNTY CO, MISSIS' ~CATION~ 16. CONSE:~AGENDA - All mattera listed under this item are considered to be routine and action wlll be taken byonemotionwithout separate discussion of each item. If discussion is desired by a member of the Board, that item(s) viii be removed from the Consent Agenda and considered separately. Approved and/or Adopted vith changes - 5/0 A. CO~94UNITY DEVELOPMENT & ENVIR~ SERVIC~-~ 1} To approve a budget amendment for the purpose of constructing sidewalks in the CDBG Shellabarger Park Project. 2) The Collier County Board of County Commissioners adopt the resolution approving the amended Local Housing Assistance Plan (M.A.P.) for fiscal years 1998-1999, 1999-2000 and 2000-2001 as required by th~ Florida State Housing Initiatives (S.H.I.P.) Program and the Florida Housing Finance Corporation; authorizing submission of the amended Local Housing Assistance Plan to the Florida Housing Finance Corporation for review and Page 5 S~t~er 8, 1998 approval; and approving the effective dates. Res. 98-368 3) Request to approve for recording the final plat of Waterways of Naples Unit Four and approval of the Performance Security Construction & KalntenanceA~re~ent with stipulations 4) Request to approve for recording the final plat of waterways of Naples Unit Three and approval of ahe Performance Security Construction & Maintenance A~r~t with stipulations 5) Request to approve for recording the final plat of Sapphire Lakes Unit 3-C and approval of the Performance Security Construction & Maintenance Ax3reement with stipulations 6) Request to approve an alternate construction and maintenance agreement and accept an alternate security for project known as Portofino Construction & Maintenance Agreement with stipulations the 7) Lien Resolutions - Code Enforcement Case Nos. 70115-030 Guy J and Ruth B Iarussi; 71110-034 Guy J and Ruth B Iarussi; 71119-014 Guy J and Ruth B Iarussi; 71217-046 Guy J and Ruth B Iarussi; 71217-048 Guy J and Ruth B Iarussi; Continued to September 15, 1998 PUBLIC WORKS 1) Accept proposals from Tampa Bay Engineering, Inc. to provide engineering services for the relocation of County water and wastewater facilities. In the amount of $156,840.47 2) Approve a Joint Supplement Interlocal Agreement with Lee County to formalize maintenance responsibilities for Bonita Beach Road, Woods Edge Parkway and Vanderbilt Drive. 3) Approval of Task Order ~WD-PSI-98-1 for the replacement of underground fuel storage tanks. In the amount of $122,15X.14 4) Authorize staff to reject proposals received for RFP ~97- 2725 County Water Department So~ware and re-bid at a later date. 5) Authorize funding for the upgrade of the Manatee Road Potable Water System Pump Station. 6) Approve Amendment No. Four to Professional Services Page 6 Se~t~r 8, 1998 Agreement with Hazen & Sawyer, P.C., for the North County Regional Wastewater Treatment Facility 5-MGD Expansion, Contract 196-2474, Project 73031. In the amount of $1,875,255.00 7) Authorize staff to negotiate with the City of Naples to purchase property declared sur]~lus by the City. C. ~JBLIC SERVICES MOVED TO 8C1 1) Amend the Vanderbilt Beach Concession Agreement. 2) Approve Budget Amendment recognizing additional Tourist Development Tax revenue. In the amount of $29,400.00 D. SUPPORT 1) Authorization to execute Satisfaction of Lien Documents filed against real proDerty for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. E. COUNTY ADI~N~'rOR 1) Budget Amendment Report BA 98-356, 98-396, & 98-405 F. BOARD OF COUNTY COMMISSI~ 1) Miscellaneous items to file for record with action as directed. H. OTHER~~~~OFFICERS MOVED TO 11A1 1) Recommend that the Board of County Commissioners serve as the local coordinating unit of Government and endorse the Collier County Sheriff's Office Grant Application for continued funding from the State of Florida, Department of Transportation, Highway Safety Funds for the Sheriff's Office D.U.I. Enforcement Project. 2) Recommendation to approve the use of confiscated trust funds to purchase specialized equipment by the Collier County Sheriff's Office. 1) Recommendation that the Board of County Commissioners Page 7 approve the Stipulated Final Judgment relative to the easement acquisition of Parcel Nos. 93, 93.1, and 93.2 in the lawsuit entitled Collier County v. Richard B. Sizerr Judith Sizerr et al., Case No. 91-2775-CA-01-DRM (Pine Ridge Industrial Park MSTU). 2) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition of Parcel No. 291 in the lawsuit entitled Collier County v. George Visnich, et al.~ Case No. 91-2776-CA-01-DRM (Pine Ridge Industrial Park MSTU). J. AIRPORT AUT~{ORITY 17. SUMMARY A~ENDA - ALL ITemS APPF2%RIN~ UNDER THIS SECTION MUST THE FOLL(YWIN~ ~~: 1) A ~~ ~R ~~ ~ ~ ~ ~SSI~ OR ~ A~O~Z~ ~ ~ Ann ~ A~iORIZ~ ~I~ OR ~ ~, ~IOR ~ ~ ~ OF ~ ~ ~~ ~ ~II~l ~ I~ ~ ~ ~ BE ~; 4] ~ ~~~ ~ ~I~ ~ S~ ~ OP~SI~ ~ ~ I~. Approval of a Resolution approving the Preliminary Assessment Roll as the Final Assessment Roll and adopting same as the Non- Ad Valorem Assessment Roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Res. 98-369 Approval of a Resolution approving the Preliminary Assessment Roll as the Final Assessment ROll and adopting same as the Non- Ad Valorem Assessment Roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Stat,ltes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Res. 98-370 Public hearing to consider adoption of an ordinance approving Petition CPSS-98-01, Gerald and Marion Bray and George Canaan, requesting a small scale map amendment to the Golden Gate Area Master Plan Future Land Use Map. Page 8 September 8, 1998 Ord. 98-70 Petition No. V-98-12 Gavin and Susan Widom requesting a 5 foot 10 inch variance from the required 30 foot front yard setback to 24 feet 2 inches for property located at 404 Bayside Avenue, further described as Lot 6, Block K, Connor's Vanderbilt Beach Estates, Unit 2, in Section 29, Township 48 South, Range 25 East, Collier County, FL. Res. 98-371 Petition No. CU-98-16, Dominick J. Amico, Jr, representing Collier Development Corporation, requesting Conditional Use '2' of the Industrial Zoning District to allow for a day care facility for property located on the south side of South Horseshoe Drive on lot 32 of the East Naples Industrial Park, in Section 35, Township 49 South, Range 25 East, Collier County, Florida. Res. 98-372 Petition No. V-98-9 Jerry and Shelby Delashmet requesting an After-the-Fact variance of 1.6 feet from the required rear yard setback of 10 feet to 8.4 feet and 0.5 feet of the required side yard setback of 7.5 feet from 7.0 feet for property described as the west 54 feet of lot 12 and the east 10 feet of lot 13 of the Gordon River Homes Subdivision, in Section 34, Township 49 South, Range 25 East, Collier County, FL. Res. 98-373 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINiS~-.KATOR,S OFFICE AT 774-8383. Page 9 AGENDA CHANGE, V BOARD OF COUNTY COMMI, WlONER~¥' M£h'TING SEPTEMBER S. 1~8 co~~: tr~M tG~A~Cn ro 9a$ M~N~; t~t~ ~SO£tnTONS. CO~ I. AND RUTH a I~RUSSl,. 71119.014 GUY ~. AND RUIIt B. I~RUSSl; 71217.046 GUY J. AND RUTH B. IARU$$1; nglT.04S GUY .l. AND RUTH B. IARU~I. (STAFF'S ~EQVEST~. WHEREAS, u~den~ir~ o~d ~ode th~ marol ond ~conomlc ~tr~r~)ths of con~nunitiex; ond WHEREAS, ogendex dedicate lheznsdve~ to preser~n9 law ~d order and we r~co~nize thor tl~ nw.n and ~otrw. n in ~a~ ~n£orc~nt ~isk thdr Iiv~x on o doi~ bo~"$ to peot~'t oo~ dtiz~n$ and mointoin soda/ arder; and WI4~EA.~, we e~c~ oll dtizm to ~ to ~xo¢.l~ize oo~ I~ e~forcem, nt officers so thor for 9n~t~d. NOW Commissioners of DONE AND A T'FES T: Da~: Septc~b~r 16, 1996 To: John Dunnuck, Operations Coordinator Parks and Recreation Department Ellie Hoff~an, Deputy Clerk Hinutes & Records Depart~nt Amendment to Aqreem~nt Between Collier County and O~y-Star Unlimited, Inc. Enclosed for your use, please find one original document as referenced above, Aqenda Irma eSCl, approved by the Board of County Co~aissioners on Sept~r 8, 1998. ! am recaininq one original aqree~ent for our file. you should have any questions, please contact me at: (8406). Thank you. Enclosure AU~ENT TO AGREEMENT ~ ,wo. ay 8.nd. between Coaer County. a ~l subdrvision of the S~ate of FJor,da (he,*emafter caded ff~e County*) and Day-Star Urdimited. Irc (hereinafter calJed 'Cor~ces~e*) WITNESSETH caps. stuffs, beach related sundfle~, and arty ol~er lawful ocf~v~y approved in wnt~mO by the D, rec~o; of the Parks and Recrea~Ofl Departme~; and WHEREAS. the Coflces~e desires to sell beverages wl~ic~ was not permacel ,n the December 16. $997 Agra. end WHEREAS. fhe sole purpose of Ibm Ame,'tdme~ tothe December 16.1997. Agreement ~s to perm4 the ~uorm~e fo sell beverages end snacks under this Agreement NOW. THEREFORE. Ihe ~ 16. lg97. Agreement between County and Conces~e ~s hereby m~mded to mad ~s folows c. .U._~;~L~ The Coflc~~e ts ouuxmzed to co~uc~ the f~ ~s ~ ~s a~ to ~ l~ f~ ~~ o~ ~ s~h ~ss a~ se~es, at the ~ os ~ f~h ~ CONSIDERATION The ~ shM rem~ lo ~e Couflry as cofls,deyo~ofl fo,' ~ ~~. a ~~ ~ 1S% ~ ~ ~ ~oss r~e~ or a ~ ~ ~.~. ~~er ~ ~eater. of ~ C~~es ~~, ~ o~ re~ ~ um~e~as. ~s h~s. t~, ~, ~, ~. ~s. caps. s~i~s, a~ beth relat~ su~ T~~~~~~~ossr~enues~rm~. Smd ~~ ~ ~ ~~ ~ ~ ~ ~ ~ 15 ~ ea~ m~ ~ the ~~ 8C1 ; The AGREEMENT. as amertded. ~ remain ~n full force and effect. .. u~..~,~,n ~.,~nm.,c~a,.~ndeg ,~EEME~ the da/~ yea~ f,*st written above ATTEST (As to Ctma'man) DWIGHT E BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BAR~ 8 BERRY. Cha,rntill~ · Inc.. A FIo~._a Corn ey / , RI.SOLUTION NO. 98-374 ,% RESOLUTION DECLARING A VACANCY ON TII£ CONTRACTORS' LIC£NSING BOARD. WilEREAS. The Contractor' Licensing Board was e~blished by the Board of County Commissioners through the adoption of Colliet County Ordinance No. 90-105. as amended; and WllEREAS. Ordinance No. 90-105, as amended, provides that the Contractors' Licen$in$ Board shall consi~ of 9 mcmherl; and WIIEREAS, Collicr County OMinance No. 86-41, as amended, provides that any board member who is ab~'nt from two comecmiv¢ mec~ings without a ~lisfactory excuse acceptable lo the board chairman. ~uch fact ~all be ~taled for the record and notification shall be made to the Board of County Commissioneas at a Commission met'ting, and if the Board of County Commissioner concur wilh Ihe ~emenls of the board, the Commissioners shall declare the position lo be vacanl: and WIIEREAS. aflet discussion by the Comractors' Licensing Board. the C'hainnan of the Boanl has advised the Bo.mi of County Commissioners that ~ A. Meg, get has failed lo comply with the requirements set forth in Ordinance No. 86-41, as amended, and has requested that the Board of Courtly Commissioners declare that the seal held by Thomas A. Meg,$et be vacant on their Board. NOW. TItEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, thai allet consideration of the facts presenled. Ihe Board of County Commissioners hereby declares the st, at ofThoma$ A. Meg, get to he vacant on the Contractors' Licgnsinll Bo~-,~. This Resolution adopted attet motion, seeond and majority vote. DATED: September 8. 1998 ATT~;T: DWIGIIT E. BROCK. Clerk '"ltt~'-as to- ~ r~ .~- '~- ' s~g~ature Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BAP~3~RA B. B~RR~. David C. Weigel County Attorney RF,~OI,UTION NO. 9g.375 A RESOI,UTION APPOINTING GENE SCIIMIDT TO TIlE COLLIER COUNTY AIRPORT AUTIlORITY. WIIEREAS, the ~ of County Comminlone~ on November 14. 1995, adopted Collier County Ordinance No. 95-67 which crt~ed the Collier County Airport Authori~; and WllEREAS, Ordinance No. 95-67 provides that the Collier County Airport Authority shall consist of seven I7) members ~ ate residents of Collier Courtly with business ability and experience in one m mom fields which include, but am not limited to. general business, economic development, aviation, public affairs, law. finance, accmmting, engineering, natural resource conservation or mba' related £mlds; and WilEREAS. Ordinance No. 95-67 also provides what at least one of the seven (7) members shall be Imm each of Ihe communities of Immokalee, Marco Island. and Everglades City: and WIIEREAS. there is currently a vacancy on this board; and WilEREAS. the Board of County Commissioners previously provided public notice soliciting applications I'mm imeresled panics md condueled intendews of Ibc various applicants. NOW. TiiEREFORE, BE IT RESOLVED BY' TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~ Gene Schmidt is hereby appointed to the Collier County Airpofl Amherity to fulfill Ihe remainder of the vacanl letm, said term to expire on August 10. 1999. This Resolulion adol~ed after minion, second and majority vole. DATED: SeptemberS. 199~ ATTEST: DWIGIIT E. BRO('K. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. Weigel County Attorney f~'W,lm July 22. 199S Sue F'ibon Admini~mive ,4UMum Board of'County Commi.la~rJ 3301 Tamiam~ Trail Naples FL 34112 Fax 774-3602 Nqdel/I, MIIJ (941) G~ee~in~ Pleue comider my qadh::atkm to become a member of'the colr~ County Airport born in ~~ Pa Tm~ u a M~ ~, II V~ USN P~e ~ (~) Mw~ ~ respectfully. ~ Kroul Jr ADDENDUM: To the County C~.,, I am ima'emed h Colrw County. and f'(x the Rma'e. I am wall aquaimed with avimi~ activity h I~ C~.l fed lh~ my Ixoven manqeme~ skilh coupJed with my slnce'e imerest will enable me to ~ in effective cofltribudofl to the ~ I respectfully solicit your rapport. CK Jr Sept~ 7, 1998 RF..qOLUTION NO, 98-376 A RF. SOI.UTION APPOINTING TKRRI TRAGF. SSER TO TIlE COI.I.IER COUNTY PLANNING COMMISSION. WIIEREAS. thc Collier County Planning Commission was established by Collier County Ordinance No. 85-5 I. as amended by Collier County Ordinance bio. 86-76; and WIIEREAS. Collier County Ordinance No. 91-102, as mm'rated, repealed and replaced Ordinance No. 85-5 i. as amended, r~-~tabli~hing the Collier County Planning Commi~aion; and WIIEREAS. Ordinance No. 01-102. as amended, provide$ that the Collier County Planning ¢'ommi.~ion shall be com~ of nine {0) membev$ ~ing the five ccmmi~ion districts; WIIEREAS. there is curmmly a vaeam'y on this Commi~ion for Ibc District 2 mt; and WllEREAS. the Board of County Commissiom~ pr,zviously provided public notice soliciting applications from interested paflies. NOW. TllEREFORE. BE Fl' R~LVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF ('OLLIER COU,'NTY. FLORIDA. that Terri Tragesser, representing Commission District No. 2, is hereby appoimed Io lhe Collier County Planning Commission to fulfill the remainder of the vacant term. said t~,~i~ to expire on October I, 2000. This Rcxolution adopted after motion, set'ond and majority vote. DATED: September 8, 1998 ATTF~T: DWIGiIT E. BROCK. Clerk BOARD OF COUNTY COMMTSSIONERS COLLIER COUNTY. FLORIDA RESOLUTION NO. 9~.3'T7 RF, SOI,UTION APPOINTING WILl,lAM J. TYSON TO TIlE lllSTORIC/ARCIIAEOLOGICAL PRF..S£RYATION BOARD WllEREAS. Collier Coumy Ordinance No. 91-70 treated the Historic/Archaeological Prescr~'ation Board and providcs that the County Commission shall appoint seven (7) metal's--rs to the Ilistorical/Archaeological Preservation Board; ami WIIEREAS, there is currently a vacancy on this board; and WIIEREAS. the Board of County Commissioners previously provided public notice .soliciting applications from interested pa~tit'~. NOW. TIIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY', FLORIDA. that William J. Tyson, a Landscape Architect, is hereby q~ointed Io th~ Ili~ic/Archaeo~ Pr~erva~ion Board to fulfill the remainder oflhe vacant Ir'rm. said term lo expire on October I. 2000. This Resolulion adopted after motion+ second and majority vole. DATED: .~eptcmber 8. I~ All'EST: DWIGllT E. BROCK, Clerk ~'~.. ' '. 'c, s',~n~:',re c/,, 1:. Approved as to form and legal ~uffi¢iency: Da~'id C. Weig¢l County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IOE- Pimo~ Th~ I lot~pble $~ McCl.lsh M~'~t~ County Commisdon P.O. ~x 1000 Bradentnn. FI. 34206 Dear Commissimm~ M¢¢'L2~h: Thank )nu ~'a?' much los' your k. tt~' of Au~tm 19. 19q~. on behalfofthe M.~'~tec County Commission. mqu~ing that the Collier Ceunly Cotll~~ place ~-I i~rl a~J our aserlda to consider ~dolxing a mselm~ sul~x~inlr Ihe fmtmKion ora Sl.~.~ide "Cle~.m Air Tuk Force." While c,ms~encd in re~l~r session on Tuesd~.'. 5epsemlx~ 1. I~S. ~he Collk'r Cmmty Commission discussed this iss~m ~ ~1 ll~l time. loot, no ~'li~m Al~ain. Commisdefl~ McCbsh. I Ihank ~on fe~ bringin~ this re.mcr to mt' ~em~ I leek for~:Lrd I,, ~oddfllt ~th )~xJ in the fumm md. in the memttme if yon ~'e ~ quat~ or if )nu f~l tl~ I c~n be helpful Io you in mine mha' w~. I)le'ase do nm hesitase lo lei me knm~'. Very truly yours. BllB:sF Dace: September 9, 1998 TO: Joyce Houran0 Grants Coordinator Collier County Sheriff's Office Ellie Hell.an, Deputy Clerk Ninutes & Records Department Grant Application for Continued Funding from the DOT, Highvay Safety Funds for the Sheriff's Office D.U.I. Enforcesent PTo~ect Enclosed please find three original doctments as referenced above, Agenda ltms 16H1 which vas ~oved to ltm ~llA1, approved by the Board of County Co~mlssioners on September 8, 1998. If you should have any questions, please contact mi at: (8406). Thank you. Enclosures PROJECT NUMBER: IN WITNESS WHEREOF, the parties alTu'm that they have each read and agree to the conditions set forth in Part V ofthh A~ that each have read and msdemand the Agreement in its entirety. Now. therefo~ in ~ of the mutual covemnts, prondses and re~ her~n have execmed this Agreement ~or dg~cy U~ On/y) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: FEDERAL FUNDS ALLOCATED SUBGRANTEE Collier Count)~ Board of Ccsmissior~rs Nm~ of App~tcant Axenc~ T~ed Approved us to form, legality For lhe ~ of Tramportalion by: Attorn~ By: ~ l~~_.~ of Admlnt~nlor Tit~: Ad~tnis~mor~Name T, yp~d NOTE: No whllt~ut or emum aet'tpltd on this st~natun pie. ,/ ~ M C0tMTY CMmZSSIOI~IIS AT?N: KMCY KS fl. ~&101o~T16 .~77'J7771 NOTICE Of lWTI~fl' TO 08/23 12B1 COLLIER COUNTY FLORIDA rOll LEGAL ADVERTISIIqG Of Pt/lU¢ IIF. ARINGS 12B1 O Odler 0 Lc~ P.~mrcd Docs Pomme Fee include advcmenll con~ I=1 Yes I D-I}IU2~-6agl IO ~edt~ D~mon Ikad Dasc DISI~IBIrnoN INSTRIJCTION[ Far hearb~ betide ~C er BZA: I~lbl ~ I~ u~,l~ ~ ~ ~ / ~ I~ ~ ~ f~ ume. k ustanated to Coeaty AtMrm7 bebre sebedilJ~ to Cmm7 M~. 1'be Mmulrr's odYice will dbtrJbute n Cmme~ M~ ~ ~ Clerk's Office 00dsbd 12B1 Ililillillillilil. liliilllilllilllillliillilllillillllllllllllil' Iii11111111111111111111111111111111111111111ili!i11111111111111 z,o~oa~ co.l.1,.t~ county .c~uz'thouse ',:~ :zxz mS, (e~) --4-e40e , ],)mm'~m, (8x:3) 77~-~06 1281 August 14, 1998 Ms. Judith Flana~an Naples Daily News 1075 Central Avenue Naples0 Florida 33940 Re: Notice of Public Hearing to Consider Petition PUD-98-6 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 23° 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, ~4aureen Kenyon, Deputy Clerk Purchase Order No. 803277 1 81 · ~W~TICE OF I~ TO CO~$IDER ORDI,NARCE Notice is herebY oiven that on ~~r ~ 8, 199Sr in the Boardroom, 3rd Floor, AclministraCi~n Building, Collier County Goverrwent Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment o£ a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follo~s: AN ORDItlAI~EAHI~IDILIC;ORDIKRNCENUMB~ 91-102, THE COLLIER COUNTY lARD DEVZLOPHI~ITCODEIgl/ICH II~"IAIDES THE~I/HENSIVE ZONING RF~'LATIO~IS FOR THE ~III~CORPO~ATED AR~A OF COLLIER CiKINTY, FLORIDA BY AMENDi~ THE OFFICIAL ZO[~I~IG ATLAS MAP~ERED 950IS BY CHANGII~G THE Z~JIt~G CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FRON "A" AGRICULTURE TO 'PUD' PLANNED UNIT DL~PMENT KN(Y~ AS OAK GROVE FOR [X'fELLI~ UNITS FOR PROPERTY LOCATED AT TH~ NOR~T QUADRANT OF THE I~ERSECTIOII OF LIVII~KISTON ROAD [C.R. 881) NORTH AND DANIELS ROAD, III SECTI~I I, ~dONSHIP 49 SOOTH, RARG~ 25 EAST, COLLIER COUNTY, FI~RIDA. CONSISTING OF 137+ ACRES~ AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-98-6, Robert L. Duane of Hole, Montes & Associates, Inc. representing Hark Bates, requesting a rezone from Agriculture to 'PUD' Planned Unit Development to be kncr~n as Oak Grove PUD a: the intersection of Livingston Road North and Daniels Road. Copie~ of the propooed Ordinance are on file with the Clerk to the Board and are available for inspection. All in~erested parties are invited to attend and bo hoard. ~fl'E: All persono winhing to speak on any agenda item must register ~ the County administrator ~ to presentation of the agenda item to be addreosed. Individual speakers will be limited to 5 minutes on an~ item. Th~ selection of an individual to speak on behalf of an organiza~ion ~ 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, vrritten materials intended to be considered bY the Board shall be submittea 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 12B1 BOARD OF COUNTY COLLIER COUNTY, FLORIDA BARBARA B. BERRY 0 CHAIRNAN I~IGHT E. BROCK, CLERK By: /s/Haureen Kenyon, Deputy Clerk {SEAL) I Dwlfht E. Brock County of Collier CLERK OF THE CIRCUIT COURT 12[Jl CtRCUI~ CC)UR1' COUNTY CC)URI CC)~IIY RECC)m~g CLEgK KM~D Of COUNIY COt,41,1S~OI~RS August 14, 1998 ~=. Robert L. Duane Hole, I~ontes & Associates, /nc. ?15 lOch Street ~outh Naples, FL 34102 Re: Notice of Public Hearing to Consider Petit/on PUD-98-6 Dear Petitioner: Please be advised that the above referer, ced petition wtll be considered by the Board of County Cm~issioners on Tuesday, September 8, 1998, as indicated on the enclosed notice. legal notice pertaining Co this petit/on viii b~ published in the ~aples DailyNe~s o~ Sunday, Augtlst 23, 1998. You are invited to attend this public hearing. SincerelT, )Mureen Kenyon, De,~cy Clerk Enclosure Dwlfkt E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT 12S1 CIItCl.'l] August 14, 1998 Hark Bates 533 Turtle Hatch lane Naples, Pl. 34103 .Re: Notice of Public Hearing to Consider Petition PUD-98-6 Dear Petitioner: Please be advised that t]~ a]x~e re£erencedpecicion will be considered by the Board of County Commissioners on Tuesday, September 8, 1998, as indicated on the enclosed notice. The legal notice pertaining to thio petitionwill be published in the Naples Daily NM on ~mday, August 23, 1998. You are invited to attend thio public hearing. Sincerely, Haureen Xenyon, Deputy Clerk Enclosure A~J ORDINANCE N4L~DING ORDINA~C£ ,*;UHB£R 91'~102 THE COLLIER COUNTY X~ID DEVELO~EJIT CCDE ~HICH ~CLUD~ THE C~PREHENSXVE ZONING REGU~TXONS FOR THE U~II~OR~TED AR~ OF COLLIE~ C~N~, ~RXDA BY ~]DI~ ~Z O~lCl~ ZONI~ A~ ~P. N~BER 9501S~ 2Y C~ING TH~ Z~ING ~SZFZCATI~ ~RI~L~RE ~'~D' P~NED ~IT O~~ ~ ~ O~ G~E ~R SINGLE r~ILY F~ILY ~ESID~IAL D~ELLING UNITS FOR PROPERTY ~TED AT THE ~RT~ OUAD~ OF THE I~ITE~S~I~ OF LIVINGSTON RO~ (C.R. 881) NORTH ~ID ~MIlE~ ~AD~ :N SE~ION I, T~SHIP 49 SOUTH~ PANGE 25 ~T~ COLLIER COU~Y~ F~RIDA, CO~ISISTI~IG OF I37E ~RES~ ~D BY PROVIDING ~ EF~IVE DATE' 1281., WHEREAS, RobertL. Duane of Hole, Hontes and Associates, :nc., represent:hq Hark Bates, petitioned the Board of County Ccnualssioners to change the zoning classification of the herein described real property/ ;IOH, THEREFORE ~E IT ORDAINED by the Board og County Commissioners of COllier County, F1ogida~ SECTION ONE: ~'~ The zoning Classification of the herein described real property :ocated in Section I, Tovnship 49 South, Range 25 East, Collier County, Florida, is changed from 'A" AgricultUre to 'PUD' Planned Un:t Developcen: in accordance with the Oak Grove PUD Document, attached hereto as Exhibit "A" and incorporated by :eferer, ce herein. The Offtctai Zoning Atlas :~ap Number 9S01S, as described in Ordinance ~lu~ber 91-I02, the Collier County Land DeveLopment Code, La hereby amended accordingly. $£CTION T'dO: · This Ordinance shall:! become e£fecti~e upon~ fil ~tth.the Department of State. 'i/' 12B1 ?ASS£D AND ~fJLY ADOPT£D by the Board of County Commissioners .._.___day of / BOARD OF COUNTY COHMISSIONERS COLLZ£R COUNTY, FLORIDA ATTEST: :,°~2GHT E. BROCK, Cler~ BY: BARBAKA B. BERPY, Chairman Approved as ~o Form and Legal SufficienCy Assistant County Attorney 12B1 · OAK GROVE A PLA,N~'ED t/NTT DEVELOPMENT EXlilBIT A liOLE, MO,YITJ AND ASiOCIATE$, INC. ?1~ Troth $~'i Naples. Flod~ ;4102 RECEIVED ,'IJL 00 1098 P I~ D98- 6 File No. 9~.2S D~ Approv~ b~ BCC: ,,, ~No. " 12B1 TABLE OF CONTF,.N'FS PoSe SECTION i - Statement of ComplJam~ ................................................................ I SECTION ~ - SECTION Iii. Smgmc, m of Imgnt and Project I:)emSl~iOn ........................................................ 4 SECTION iV. SECTION V. Pgrmingd U~J and Dimen~aj Staxlm~ ............................................................ 9 SECTION VI. Environmental S~ls. ....................................................................... 12 SECTION VII - T~ion SECTION VIIi. Ufilit7 SECI'ION IX - Exhibi~ ^. I'[;'D Mas~' Plan Exhibi~ B - L¢l~al ~plion EXllmrrs 1781 SECTION I S~cment of Compliance l'he devcl~ of approximalcly 137.43 acres of pmpet~ in Collier. as a ~ Unit D~'clopmem. to be known as Oak Grove. will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of'Oak C'n'cA'e will be consistent with gto~ policics, land development regulations, and applicable comptebensive planning objectives oft'ach oft~e elements oftbe Gro~ ~naganem Plan for the follo~ng masons: The subject property b within the Urban Mixed Use Residential Land Use Desigaaticm as identified on the Future Land Use Map as required in Objective I, Policy 5. I and 5.3 of the Future i.and Use Elcmcm. The Urban Mixed Use Residential designation is imended to provide locations for the d~'¢lopmem of hilt, her demities and intensities of land use and permits up to tour (4) dwelling units per acre. Therefore, the proposed f'rve hundred and fifty (550) dwelling units a~e consistent with the Collier Coumy Growth Management Plan, based on (137.43) acres x fmc' ¢4) chilling units pete. 1~ ~ I~a~'s Ioation in ~laion to d~ existi~ or ~'~'ilities and. services permits t~ developmem's residential density as required in OHective 2 of ~ Future Land Use Element. project devd~e%-~ is compmible and complementary, to existing and future qurrounding land ttseS as required in Policy 5.4 of the Future Land Use Elemem. lmprov~ are planned to be in compliance with applicable land development regulmions as set forth in ~ 3 of the Future Land Use Element o The projecl deve~ will result in an efflcicm and economical exk, mion of community facilities and sen-ices as required in Policies 3.1.11 and L ofthe Fm-dre Land Us~ Element. t'ofllxxm~ing rtgulations required by Objective I.S ofthe Drainage Sub-El~nem of the Public Facilities Elemem. -I- ingress and egress ~ ~ B~ ~ ~ ~ R~ m ~ ~ The proposed extension of these tvndwnys will assure adequate traffic circulation and non- subsmuial ~x~ts to the ~ and proposed ~ ~ of the area. All final Development Orders for ~is proje~ ate ~ ~o O~e Collier County Concuxrency Managemem System. m imp~ by ~e Adequate Public Facilities Ordinance. 12B1 2.1 2.2 2.3 SECTION Ii Prolx'r~. OwTership. Legal Description and Short Title _Pro0cnv Ownership The subject property is ~ under a contract for sale ~o Mark Bates at the time of this rezoning veque~ Being a pm of.Section I, Towmhip 49 South, Range 25 Fast, Collier County, Florida. ancL more particularly, described in Exhibit "B". _Cmneral Descri_mion of Prm~v The property is located aPpmxiflmely one-half mile easl of Airport Road and one and one-hail'miles north of Pine Ridfe Road along the proposed extcrtsion of Livingston Road. The zoning ofthe sad:~-t property prior to the application of zoning is Rural Agriculture (A}. i'hv~ical Descrimion The drainage plan for the Oak Grove PUD will eon~ of ~ (5) drainage ~ ~ five lakes. Lake I. the larre~ of the new lakes, will incorpome the existL~ 1.96 acre lake immediately adjacent to the ~ wetland lake. It WIll serve as the most downstream lake with Water Conuol S~ 4 sexing as the outfail for the entire prc0ecL Control Slv, sclxn'e 4 will dtghntge Into Canal D.2. whkh is the storm water receiving body un6n'~loped coodMms. Existins site elevsdom vary fi~m~ 11.5 to 12.5 NGVD. Soil types on site are: (2) motdxtr fine sand, (16) oldsmar fine nnd, (25) Beta RJvJer.& Lhnestone Sub-Su'atum nd ¢opetmd Fine Sand DcprusJon and (25) Holopaw Fine Sand. The jx'opefly b Iocau~ in Flood Zone X. 12B1 SECTION ill 3.1 Introdu~ion, Proiecl The project is comprised of I ~7.4~ aoes located within the nonhero halfof Section I, Tovwu~tip 49 South, ~ 2~ EasL approximately ene-halfmile east of Airport Road Access to Oak Grove is provided from both Orange Blossom l~ve, presenlb' a sixty (60) foo~ ri~ht-of'.~y, runnin~ wesl ~o · median openin~ al ~ Road that is proposed to be ex~-nded through the subject property and the adjacenl property m ~ ~ to intersect with Livinpion Road. Access is also proposed from Livinpton Road, nnming south to its imersection with Pine Ridge Road for which the project will dedicau~ 27~ feel of R.O.W. or *13~9 acres. T~ p~e~ will provide for a range ofhousin~ types, including single family and multi-family devel~ at four (4) dwellinS units per acre. Land U~e P~n and Pm~n PhOne Th~ anticipated time of build-out of the projo~t is approxtnmely fivo (~ years from the time of lsmm~ of the fu'st butMina pemgt. *4- · 12B1 SECTION IV The pm'pose oflhis Section is IO scl forth ~e do, el~ r~gulations that may be applied senerally to the development of the Oak Orov~ Planned Unit Development and Master Plan. The following ar~ general pmvkions applicable to d~e PUD ~ Plan: Unless odmwise no~d, ~ defhgdons of ail terms shall be the same as the definitions set fo~h in fl~e LDC in effect at the time ofbuilding permit application. for the development of the Oak Grov~ PUD shall become part of the regulations which govern the mamm in ~k:h gg~ si~ may be developed. Dcvel~t permitted by tl~ s~xoval of this petition will be subject to a concurren~ ~ mater the pmvisiom of Div. lAS Adequate Public Facilitie~ of the LDC at the earliest or next to occur ofeithez final SDP approval final plat approval, or building permit issuance applicable to lhis dc~lOl:mm~ 4.2 Sile Cle~rine and Drninate with the Collier Coumy LDC and lhe standants and wmmlimen~ oflhis ~ st the time of~m~on plan approval. -5- 12B1 4.3 4.4 4.5 4.6 The pmpo,mt PUD Ma~-t Plan is eonccpmal in nature and subject lc) change within the context of the developnm~ stmdatds comained ia e~s ordinance. Arnemlmen~ ~o this Ordinance and PUD ,Master Plan shall be made pursuant to Section -.'.7.3.5 of the Collier Coumy LDC, ~ revised, in effect a~ the time the amendment is Proiect Plan Amn'oval Rcm.'imne~,~ Exhibit 'A'. the PUl) Master Plan. comtitute~ the ~u~red PUD ~'el~t PI~. Su~t lo. ~ c~ ~ PUD ~. a ~li~ S~iviJi~ ~ (if ~i~) ~1 ~ ~i~ f~ ~ ~ ~ ~ ~ t~ PUD M~ P~ All di~si~ of~ ~ ~ ~~ of~ ~ ~l ~ in c~pli~e ~ ~ Prior to the recto'ding of the final nukdivision plat. b-hen nnluired by the Subdivision Re~laliom Kt forth in .qe~ion 3.2 of the LDC. final plato of the requin, d improvements ~hall rect%.e the appnwal of all appropriate Collier County ~:wemmemal a~m:ies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the Stale of Florida. Prior to the issuance ora building permit or other developmem orders, the provisions of .%orion 3.3. Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 33 shall be applicable to the dcvc~ ofall tracts as sbtm'n on the PUD Master Plan. Provision fog Offsile Removal of Earthen The excavation of earthen material and its stodq~lin~ in preparation of water managenz, m facilities or tootlz,~'ise develop watet bodies is bereby pertained. If. after consi~ of fill activities on buildable portions of the project site, there is a surplus ofeartben nmedal, offsi~ dispo~ is also hereby ~ subj~ to tl~ following condifiom: -6- 4.7 4.9 -I. il A. Excavation activities dull comply with the definition of a 'Dex'el~t Excavation' pursuant to .~-ction 3.5.5.1.3 of the LDC. whereby offsite removal shall not exceed ten ~ I0} percent oftbe total volume excavated up to a maximum of..'0.000 cubic yards. ^ tirtztable to facilitale ~id rems'al dull be submitted to the Devel~ Sen'k~ ,~magt, t for approX. Said timetable shall include the length of time it will take to complete ~ removal, hours of operation and haul routes. C. All other provi~ of 5e~ion 3.5 of the LDC ar~ applicaLle. Sunsei and Mon~orin~ Pn~_'_.'.,~ Oak Grove PUD ~all be labject to Section 2.7.1.4 oftbe LDC. 'i"ane Limits for Approved PUD .Master Pl.ms and Section 2.7.3.6 Monitoring Requ/~. Any communir,., recreation/public I~ilding/public room or similar common facility located within the Oak Gtm'e PUD ma). be used for a polling place, if determined necet~T I~' the Board ofCoumy Conunissimm~ upon m:ommendafion of the Sulx'tvi~ of Ele~iom in accordam-e with Section 2.6.30 oftbe [.DC. Native Veeetation ['he project ~111 me~ the natP,.c ~ cgetatlon requirements of f)i,,'~mn 3.0. Vegetation Removal. Protection and ~'ation of the LDC for the .mbject prolx-rty'' In addition to the area~ de~gnam] on the PUO Maslet Plan m buffm and lakes, open space wilJ be alJocated wJthJneacb subsequentdeveJopment met Open space may be in the form of landing, additional bufferl..passive or active recreation areas Ind water management facilifiet The total aggregate ofsuch open space areas dzall meet or exceed the open space requirenm~ of Sec. 2.6.32 oftbe LDC. which requites a minimum of ~ix.T (60) pcrccnt for residential de~'elopmcnts. Area~ dedicated to Collier County for the ~ion of Livingston Road and Blossom Drive may. be counted to~f~ the total open space requirements shoukl the need arise. The developer ~hall be subje~ to Section 2.2.25.1.1 of the LDC perlaining to archaeological rnourcn in the evem they are contained on the property. -7. 4.1: Common Ar~ Md~. incl,din[ the n~intnancc of con,.mon facilities, oix'n sp~c~, znd ,~mc'r m,m~c'mc~ facilities shall be tbe reqx~sibili~., of a home o~-rs' Dedication of r-dad fit, hi-of-ways and public facilities shall be in accordan~ with Section 2.2.20..3.7 of the LDC. 12B1 SECTION V Permined Uses and Dimensional Standard~ The ixn'po~ of this Secsion is m idemify pertained uses and developmem mnda~ for Masm' Plan, Exh'bis 'A'. Five hundred and fifty ¢550) dwelling units are penni.ed within the Oak Grove PUD. based on a density of four (4) dwelling units per gross acre. 5,3 General De~'imion The PUD Master Plan desilum_.es Ibc follo~ uses for each tract designated on the PUD Master Plan. TRA~ ACRES USE I 11 tl3.60 I11 ~.0..~ V t I J.42 VI :~13.49 S.F. and Duplex (sid.~ by side) S.F. and Duplex (side by side) S.F. m M.F. S.F. or M.F. S.F. ot M.F. S.F. at M.F. The sppmximm am~a~ ofnsidemial tram ~ ~ on ~ ~ ~ ~ Actual ~ of all developnm~ tracts will be provided m tbe time of Site Development Plan or Pttliminary Subdivision PIm aplm:tvnh in ~ with Ardck 3. Division 3.3, and Division 3.~ ~. ~ C~I~ C~ ~ ~ ~ ~ a-acts wa~ mana~-m~ facilities, and ~ sin61ar uses found in resi~ a~as. 5.4 P~mined U~es and Su'ucnu~ I. Prin~al Uses: Single Family Delach~ Dwellings .0. 1281 ~b) ~c) ~d~ 7x'ro. Lot Line Dwellings Two-family and Duplex Dwellings Single Family Attached and Townhou~ f~'ellings X~ulti-family D~llings. including Garden Apartments and ~hich the Devel~ Services f)irector determines to be compatible Accessory Uses and Structures Accessory uses and structures customarily associated with maintenance facilities and club house. 5.5 Dcvcloornent Sta .~_._~ I. The following Table I sets forth the developmem st,~dards for residential areas. purpose of applying Development Standards under Table !. Zero-Lot Line dwelling shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, which conforms to tequi,-ements of Collier County Land Development Code, Article 2, Division 2.6.27. · 10- 12B1 ~ ~1~' ,,nc rc~lck-nt~l d~¢llin.c unit type shall !~ l'~rrnined on any tract designated/'or re~idemial u~e. Where different dv,~iling unit ~'pes ate planned on adjoining tracts. t]~.' shall he separated ~' rccreationa] facilities, common ~cas. or landscape buffers. All lantbcaping ~dl be in accordance with Division 2.4. Landsca~ and Buffeting of the I. DC'. In meeting the petoneter buffer requirement, s. the existing non-native required to achieve the intent and putpo~ of Section 2.4 ofthe LDC. Perimeter buffers shall only be required for the hotmdary of each tract at the time it ts developed. Buffering may be requited during the site plan review process of all or .~me remaining tracts as determined appropriate !~. the Derelict Sen'ices Director. ha.~J on the type of u,.e and proximity to residential use. All signage shall be in confm'mance with Division 2.5 of the LEK:. All parking shall be in ccmforrnancc with Division 2.3. Off-Street Parking and Loading. Paved patk:ng t~ also permitted v. ithin the FP&L easemenL subj~cl to ~ authon;,ation. Setbacks d~all be meamred from the legal lxnmdmy of the lot and are inclusive of easeme~ with the exception ofeamnena that comprise a road right-of-way. I0. Landscaping along the mtcmal access road depicted on the PUD master plan shall consist of uniform plant material that meeu ot exceeds the requirements of Section 2.4 of the LEX?. Landscaping and ~ignage shall also be uniform a~ each signature cntranceway into individual trac~ which shall also promote a similar theme throughout the planned development The fu's~ tract to be developed in Oak Grove shall set forth the landgaping and signage standards for the internal roadway depicted on the PUD master plan and entraneeway stamlards. 11. Within each individual tracL architectural standards shall be unified with regard to colors, roof lines, and textures, fo as to create a uniform aschitectutni standard for each individual tract. 12B1 SECTION Vi Environmcntni Standards The purpoy, e of this .%ction is to set forth the environmental commitments of the Project Developer. Petitioner shall be ~ ~o the Collier County Growth Managcmcnt Plan Policy 12.1.3 contained in the C~ and Coastal Mana~mmt Ek'mem (discovew ora archaeological or historical sit~. artifact m' ocJ~r indicator of pmservstion). Pemioncr sh~li obtain and submit documenta~m of all necessary. Local. State and FcdcraJ permits prior to commencing consmJction. l'he applicant shah be ~ubjec~ to all em, imnmental ordinances in effect at the time of dm'eiopmcm order appr~-als. however, minor encroaelmmm may be pertained, based on i."..mance of permits from l.ocal. Sta~. and Federal ~-tland permitting a~'ncies. -12- ' I B1 SECTION VII Transportation Requirements l'he purlmse of this Section is to scl forth thc transportation commitments oflh¢ projecl development. 7,1 TI~ &-veloper shall provide medal level ~ li~hlin8 of tl~ projecl t-nm. Said li~,i_'__-g d-~ll be in place prior to il~ issu,~c~ offs/Certif'~ of~. 7,2 The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be paid al ~ time building permits a~e issued, tmless oOx-rwise approved by. the Board of County Commiss/oners. a} b) c! d} The Oak Grove PUD ~a]l reserve a maximum of 275 feet along the easlt, rn Ixamda~ of the project for the future w/dening of l.ivingston Road and associated ~'a~ managcmem requirements in exchange for in pact fee credits. Forty' fecl of right-of, way sha~l be prov/ded for a portion of Orange Blossom D~ivc to be c, onsaucted on the subject property as depicted on the PUD Maser Plan in exchange lot impact fee credits. Orange Blossom Drive shall be designed and constructed as a minor collector road within the boundary of the subjecl ~ within ~ 100 feet oftight-of- IX'marion of said right-of, way ~ and the calculation of road impact fee .~-~ion 2.7,2.8. I. "Dedication of the Public Facilities and Develolxtem of Prescribed Amenities" of the Collier County Land Developmem Code and the Collier County Road Impact Fee Ordinance and shall be SUbject fttrtlx, r to a Developer Contribution Ag~ement between the developer and the Board of County Commi.tslone~. 7.3 Internal access improvements shall nm be subjec~ to impact fee credits and shall be in place before any certificat~ of occupancy a~ issued. 7.4 All traffic ~1 devices used shall conform with the Manual on Uniform C n J. xim requir d by Chapter 6.074S. qorida Statutes. -13- 7.5 Connecti~ omo Livin~s~m Road: All median ' and ' · · olx-nmgs driveway locations shall be in accordanc ' Col ..... · ruth the · unless established va a ngm-of-wny ~ between -'-- 7.6 · 14. SECTION rill Utilit). and Engineering Requirements The purpose of this Section is to sci forth the utilities and engineenng commitments of the pro)ecl developer. Utilities Water distribution. ~ewage collection and transmission ami interim water and/or sewage treatmem facilities to serve the project a~e to be designed, commscled, conveyed, owned and maintained in accordance with Collier County Ordinimce No, 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the w'~er distribution and sewage collection facilities to be congngled will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position lo provide sewer service to the project, the sewer cumanets shall be ctmomers of the interim utility establis}~ to serve the projeg-t until the County's offsite sewer facilities a~ available to ~ · the projecl, Prim' to approval of c. mmn~ion docum~ts by the Count~. the developer must present veri£gatiom pursuant to Chapter 367. Florida Statures, that developer to provide sewer service to the project until the County can provide these services through its sewer facilities. Do 'i'he utility construction documents for the project's sewerage system shall be ~ to contain the design and construction of an omite force main. which will ultimately connecl the project to the future central ~e facilities of Collier Coumy. The forc~ main must be int~..onn~--t~ to the pump station with ~vl~i~t~ly Iomed v~lves to permit for si~l~ redirection of the projecfs sewage, when exnm~ion to the Counts central sewer facilities becomes available. -15- Prior to or at the time of sutnnission ofcomtruction plans and final plat for the project, the potable sates' supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in sc'rs-icc. subminaf to the Development Services ~ f~ ~. No c°nseuct~ Peanits sl~ll be issuaf unlcu detailed pavin~ ~ dm drainage ~! utility plans shall be submilwd to th~ and until epproval of thc proposed consu'uction, in acc~ with the submit~l plans, is IX-sign and comtruction of all improvements shall be subject to compliance with the ai~ropriatc provisions of the Collier County LDC. Subdivision office site shall require platting in accordance with Section 3.2 of LDC lo de,ne the right-of, way and tracu shown on the PUD Master Plan. D Fhe developer and all subsequent owners of this project shall be rt'quired to satisfy the requirenx-nu of all County ordinances or codes in effect this site. including but nm limited Io Preliminary Subdivision Plats, Sile lk'vclopment Plans and any other applications that will result in the issuan~ of a fu'ml development order. The development will provide adequate fight-of-way for future turn lanes at the project entrance to Orange Blos.~m Drive and the design will be coordinated ruth the Office of Capital Projects Management. ~ dev¢~ shall coav~y tee simple righs-of-wsy so the County for bo~h Livingston Road and Orange Blossom Drive prior m ~he recei~ of any developmem order for consmJ~on activities. -16- SECTION IX Water Management Rcquirernents purpose of this Section is to set forth the water manager commi~ of the project dcvelo.oer. 9.1 approval of the mnem~ ,-,.,,e,~,~,- .'_ ___..__, .......-----.-. mucss m.,u smtu ~, ,s,. n__.i--- "Z_~-,.7' 7'""'_'"'"'"" "' -r.,v. uman~ win me s~lxnitted olans, is ~ Design and construction of ail improvements shall be s~bjecl to compliance with the ~ppropriatc provisions of the Collier County LDC, eXCCl~ tht excavation for wat~ · 'n~ernent fcattnx, s sl~l be allowed within tw~/(20) feet from side, rear or al~ting property lines with side, rear ot abutting ls'operty lines fenced. 93 Landscaping may be pl,:ed within the wa~er management ~ca in compliance with criteria established within Section 2.4.7.3 of the LDC. 9.4 d~, convcyancc sss'al.c from ~ 'lSlt, tt control slzuct.~ Io the i)-2 canal ~h~ii i~ .,~.. a -17- t*, j ! MITCHELL B. THOMPSON, P.A_..._.;__.__ AN ORDINANCE AI4ENDING ORDINANCE NUNBER 91-102 THE COLLIER C~Y ~D DEVE~T ~DE WHICH INCLUDES THE C~PREHENSI~ Z~ZNG R~U~TZONS THE UNINCOE~TED AR~ OF COLLIER COUNTY, BY ~ENDING THE OFFICI~ ~NING AT~ ~P ~BER 9501S; BY ~GING THE ~l~ ~SZFICAT~ON THE HEREIN D~CRIBED R~L ~ROPE~ ~ ~A~ ~RICUL~RE TO "~D' P~ED~NIT D~E~T ~II.Y R~ID~IAL ~ING ~ITS ~R PROPERTY ~ATED AT ~E NORT~ST ~AD~ OF THE I~ITERSE~IO~I OF LIVINGSTON ~ (C.R. 881} NORTH ArID DAtlIELS ROAD, IN S~[ON 1~ T~SH[P 49 SOUTH, P~G~ 25 ~T, COLLIER CO~Y~ ~RIDA, CONSISTING OF I37~ ACEES~ ~O BY PR~IDING AN EF~CTIVE DATE. ~HEREAS, Robert L. ~ane of Hole~ ~tes and ~ssoc~a[es, Inc., represen~tn~ ~rk Bates, petitioned the Board of County Camissioners to change the zoning classification of the herein described rea[ property; N~, THEREFORE BE IT ORDAINED by ~he ~rd of County Co~issioners of Co~iier County, SE~ IOtt ONE: The zoning classlficatio, of the~ herei,.~descri~d real property locat~ in Secti°n: 1~ t~ahip':4~.,~h~ ~nge C~llier County, Florida, is changed ~r~ ~A~.~rt~lture to "PUD" Planned Unit ~velo~en[ in accordance ~lth the Oak Grove PUD Document, attached hereto as Exhibit "A" and incor~rated by reference herein. The Official Zoning Atlas ~p N~r 9501S, as described in Ordinance Nu~r 91-102, the Collier County ~nd ~velopment Code, Is hereby a~nded ac~rdinqly. SECTICN ~O: This Ordinance shall ~come effective u~n filing ~i[h the Department of State. -1- PASSED AND DULY ADOPTED by the Board o! County Commissioners of Collier County, Florida, this ~' '~ day of _~~.~&~, 1998. ~OARD OF COUNTY CC~MISSIONERS COLLIER COUNTY, ~LORIDA ATTEST: , Attest a; tO Chlf fl*S Approved as ~o and Legal S~fficiency ~ar~o~Je N. Student Assistant County Attorney 1 2B1 ~lg: OAK GROVE A PI,ANN£D UNIT D£VELOPMENT EXIIIBITA I IOLF,, MONTE~ AND ASSOCIAI'~q, INC. flECE VED AIJG ~ 0 1~98 PUD98-6 August, lIMA ilk' No. ql.25 TABLE OF CONTENTS Page SECTION I - Sla~cmcnt of Compliance ..................................................................... SECTION II - Properly ¢}~p. Legal Fk'scfiplion and Shofl Title .......................................... 3 SEC'rlON II!. Slalcmenl of Inlcnl ami Pmjcgl I~'serip~ion ........................................................... 4 SECTION IV. (k-re'mi Ik, velopmem Regulaliom ......................................................................... 5 SECTION V. Petrol.ed Uses and Dingmimml SECTION VI. I':m'iromm-nml Stnmln~ .................................................................................. 13 SECTION VII. ] ~ion Requiremen~ .............................................................................. 14 SECTION VIII - Ulilily ~ E~ginc~ng SECTION IX. Wn~r 1~~ Ik, qulmm,~u ............................................................. 18 Exhibit A - Pt~l) Master Plan Exhibil B - I.cgal Description EXI[IBIT.g .%l.~¢'fl()N I S~cmm of Complim~-~ 1'he do¢l(~.m -f ~ppn~im.~-I). 137.43 ~ of pmpal), in Collier. as a Planned Unit lk~dopmcnL lo be I~n~n ~s ()ak (trove sill be in compliance s'ilh the ~oals. objcclives and p, li¢ic~ of('ollk~ ('ounl~ ~ .~l I'mlh in Ihe (in,th ~aLztmenl PI~. '11~ r~idenlial and memalional f~ililie~ dOak (Jrm~ sill be e~i.,4enl wilh L~lh r~lieie~. ~ do¢lopmen! r~uhli~. ~d applicdd~ cmn~vc plannin[: o .bjeelk~ o[ c~h of Ihe clements of the (;rcr~th ,%l;mat~cm~nt Platt fi~ the foll(minff ~: Ihe ~bj~.l pn~crl)' i.s wilhin Ihe I~rhan ~li.~:'d I;se Rcsi&mial I.and I;~ Iksignation as idc'ntif~ed sm the Fmure I.md I1~ ~lap ~ required in Ohjcctk¢ I. Polic.s. 5. I and 5.3 of the I:mur~ land I ~ I'.'lemcnl. I he I ;than .%lixcd I ;~ Rcskk'mial doigr~liofl iq im~ t. ~w~ I~ati~s fi~r t~ &~cl(~ml .f hig~ ~il~ ~ inl~Jt~ oral ~ ~ ~iLs up lo f~r 14) units ~ c~N~I si~h ~ t'dl~ t'~ ¢irs~th ~l~g~ P~ ~ m t 137.43 I he ,,ubj~! I~l~-tl}"s'locmion in l~la¢4m to Ibc fining ~,r prol~sd aa'nmuflit}- facilities ami .~'niccs pcrmhs the dm'¢~'s rcskk-ntial &mit)' as n.'quitcd in ()hj~xtis¢ 2 itl'the [ulUl~ Land U~e I:.lemem. Ilx., Ix'-jcct de~'¢lq'm~,nl is compalihlc and c~. lo cxistirg ~ fututc surrounding land uses as ~x'quircd in Polio/, :~.4 ol'the Future I.and Usc I'~lcmcnl. Imrs,(,s ements arc planned to be in compliance si~h .l~icable ~ des'clopmenl regulations a~ ~'t fimh in Objective 3 dlhe Future I.aal IlK F. Icmem. I he l~tjal &s'¢l,T~'m sill result in an cflkicnt ~ cc,,nomical extat, i,m of c,,mmunit)' facilities and .sen, iccs ~ n.'quird in Policies .I.l.II and l, oftbe Futmc I.and I he pmjecl dcs'clq'~rnl is plarmcd to incs~oralc natural s);s~ns for walcr maflagcmcnt in occm'daflc¢ with Iheir noluf~l func~ion~ nd capabilities as rna). be rcquired in fi~'the~nning rcgulmions rrquircd b3; Objcctis.¢ 13 ol'the Drainage Sub-Elcmcnt of'the Public Facililio F. lcmcnl, .I. Prc~'~ hnve bern im:luded wtthtn the PUD Domnm~ ~o provide two means of in~x'ss and e~ess ftmn Oran~ Blossom ~ ~ Li~ngston Road to the project. The proposed extension of these ~ will assure nck. qu~¢ trafl'~ cirmlation and non- substantial impacts to the existing and p~ traffic net~,k of the m All final Do'dopme~ Otde~ for this ptoje~ are subje~ to the Collier County C~. k~ $~rslem. n~ implemented by Ihe Adequate PuMi~ Facilities Ordinance. -2- 2.1 2.2 2.3 SECTION II Property Ownership. l.ettal Descti~ and Shor~ Title Proocrtv O~'nhio 'Ih,: subjc~ prepmy is currmdy under a contract for sale to Mark Braes m the time of this ~ing requ,..-sL Le~l Dcx'ri_~ion Bcing a pan of Seclion I. To~mhip 49 Somh. Range 25 l'.'mt. Collier Coumy. Florida. and. more particularly, descri~ in Exhibit "B". (k-ncral Dcscrimion of Pmee~v Physical IX-scfimion 'l'be drainage plan for the Oak Cma~'e PUD will ~ of fis~ la~ im~ly ~~ ~ ~ ~i~ ~ ~. Il will ~~ ~e ~th W~ C~ St~ 4 ~ ~ ~ ~jm. C~lml S~ 4 ~l d~~ ~ C~ ~2. w~ch ~vi~ ~y ~ ~ ~ ~ ~ e~~ Io 12.5 N(;VD. ~1 I~ ~ d~ ~: O} ~ ~ ~ ( l~a R~vi~ l.i~ S~S~ ~ C~~ Fi~ ~ I Iol~w Fi~ ~. ~ ~ ~ ~ in F~ 7~ X. Short 'litlc This ordinance shall be known and ciled ns the "Oak Grove Planncd Unit Devel~t Chdinancc". SECTION III 3.1 Imroducfio~ 3.2 3.3 It is ~ intent or,his ordinance is Io establi~ a Plumed Uni! Devel~ meeting the rcquiram, ms as se~ forth in lira Collk-r County Land Dev¢l~l Code (LDC) Ih,at will permit fiv~ htmdmd and filly (550} dw~ling trails for the subjecl properly. The ixn'pose of ~his docmnem is Io set foflh guidelines for Ibc futura d~ of the pmjeel that rnc~ accepted planning prit~ and practices, and Io implement tlc Collier Coumy Pmiecl IX-scrim~ l'he project is comprised of 137.43 acres located within the nm'them half of Section I. rm~mhip 49 .~outh. Range 25 Emi, approximalely one-half mile easl of Airport Road and one ami one-half mile~ norlh of Pine Ridge Roed. Access to ()ak Grme iq prm'ided from bod~ Orange Blossom Drive. presently a sixty (60) fora right-of, way. running wesl lo a median opining si Airpofl Road that is proposed to Ix: extemk, d thrmsg, h the subjec~ ixopmy and ~he ad.~em property to the south to inta'secl with I.iving. slon Road. Access is also proposed from Livinpton Roed. running somh to its ima'section wilh Pine Ridge Road for w'hich the project will dediatle 275 feel of R.O.W. or s 13~9 acres. The pmje~ will provide fma range of homing q,.pes. including single family and multi-family deve~ al fora {4) dwellin$ units per ac~. Land Usc Plan and Prelect Plmine Ii. 'i'he PUl) Mam-r Plan eamatm a total of six (6) uact comming of developmem f~ilit~ M~ ~fm ~i~ ~11 ~ ~ m ~ t~ of~ ~1~ ~~ of~ ~i~. ~ L~ ~ ~ S~ ~ F~ ~itti~ ~i~~ All ~ ~ ~ ~ m ~~ ~~ wi~in this ~ 1'he anticipated time oflmikl.out of the project is nppmxinmely five (~) years from the time of issuance of the tim buiMins permit 4 SECTION IV The pmpo~ of this Section is to set forth the developmem regulations that may be applied g,,.nenlly to the dc-,'elopment of the Oak Grove I'lmuz'd Unit Development and Master Plan. The following are general provbi~ a~plicable to the PUD Master Plan: Regulations for development ofthe Oak Grove PUD shall be in accordance with the contents of this doctmx-m, the PUD-PI.tuned I ~nit Development District and other applicable ~'ctim~ and para of the Collier County Land Deve~ Code (I.DC) and Grcmlh klanagement Plan in effect at the time of issuance ofany ,k-,'elof,mem order to which s~d regutat~,m relate which authorizes the construction ofimprm'emems. Tbe developer, his successor m' assignee, agree to follow the PUD I~aster Plan and the regulatkms of this PUD as adopted and any other comfitions or modif'a:ations as may be agreed to in the re','.oninll ofthe property. In addition, any ~-ces.,mv in title or as,qignee is .,,ubject to the commitmena within this ~. tfnlc~ otbe~se noted, the definitiom of all terms ~all he the ~ as the definition~ set forth in the I IX.' in effect at the lime of building permit application. ..et All conditiom i~ and all graphic fnmertal ~ depicting restrictions for the dex. e~ oftbe Oak Grove PUD shall become part of the regulations which gm'em the manner in which dds dte may be developed. I). IX. veldt permitted by the approval of this petition will be subject to a concun'mcy review unda the ptovis~ of Div. 3.15 Adequate Public Facilities of the I.DC at the enrliest or next to occur ofeither final SDP approval, final plat approval, or building permit issuance npplicable to this development. Unless specifically waived dmmgh any variance or waiver provisions from any other applicable regulations, the pmvbiom of those regulations not otherwise provided for in this PUD remain in full force and effect. 4.2 Site Clearin_g and Draina~_ Clearing,, Ipadin8. earthwork, nad site drainage work shnll be perfomz"d in accordance with the Collier Cotmty LDC and the ~anda~ and commi~ ofthis docmnem at the time of constructi~ plan ~. -5. 12Bl.i( 4.3 4.4 4.5 l'L~-m~nls for Ulilili~ Easements. ~-~ required, shall be provided for water manag~ncnl argus, utilities and other purposes as may be mqui~'d by Collier County. All necessary easements. maimenance of all services and utilities. This will be in compliance with applicable regulations in cffcct ~ thc time tomtrucfion plans and plat approvals m'e requested. Am~nd~ to the Ordinan~ The ~ PUD Mnster Plan is conce~unl in nature and subje~ to change within the cont~t of the devgl~t standards comained in this ordinance. Amendments to this Ordinance and PUD Master Plan mil be male puotnnt to .%etlon 2.7.3.5 of'the Collier County I.DC. as rev~ in effect at the time the amendment is requested. l'roic~ Plan Am'oval Exhibit 'A'. thc PUD .Master Plan. constitutes the required PUD [X-vclopment Plan. Subsequent to. or ccmcurrent with PUD approval, a Preliminary Subdivisk~ Plat {if required) shall be submitted for the entire area covered ~. the PI~D Master Plan. All division of property and the ~ of the land dsall be in comgd~ with the sulxli~ision regulations set forth in Section ;~.-' ofthe LIX'. Prior t,, the reco~din~ of the final subdivision pl~ ~hen rcqu, gd ~ ~ S~ivis~m R~uhtk~ ~ f~ in ~ 3~ of ~ L~*. f~ ~ of ~ ~ mm s~ll ~,'e ~ ~'~ of~l ~ C~I~ C~- ~~ ~ ~ I~ plntti~ I~s oft~ S~ of F~. Prior I,, thc is.~m~ce of a building permit (~ other development orders, the provisions of .%cti(m 3.3. Site i)cx'elopmenl Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur. Section 3.3 shall be applicable to the dc-,'clopment of all tracts as sho~ on the PUD Master Plan. Provision for Off, site Removnl of Fro'then Mate~.'_! The excavation of earthen material nnd ils stockpiling in prqxuution of wnter n'mnagement facilities or to mherwi.qe develop wnler bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project sito, ther~ is a surplus ofcnrthen ~. offsite disposal is also hereby pgrmit~ subjec~ to the following conditions: 4.7 4.g 4.0 I.xca,,*atmn activities shall comply with the dcIinifion ora 'Devel~ l.:~cavalion' pm'tatum to Section 3.5.5.1.3 of the I.DC, whereby olTsite removal .,~all not exceed ten (10) percent ofthe total volume excavated up to a maximmn 20.000 cubic yards. A ting'tab~ to facilitate said rems'al shall be submitted to the Development .',;ax'ices' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hotaz of operation nnd haul mutes. C. All other provisiom of.qection 3.5 ofthe LDC ate applicable. and Monitoring Provisio~ ()ak Grove Pill) ~all he subj~-t to .~tkm 2.7.3.4 of the I.IX,. 'lime Limits for Approved PUD Master Plans nad Section 2.7.3.6 Monitoring Requh'anems. Any' community recteatim~'public ,~uifding/public nmm ,...~imilat comrmm facility I,,caled within the Oak (irove PUD ma)' be reed for a polling place, ifdetetmined ncccs.,~azy 19' the l~'d of ('oumy Cmnmimionc~ upon recommeml~ion of the Supcn'i.,a~ of I'.'lectiom in acconlmze with .Net-lion 2.6.30 of the I.I)C. N~ive Veeetation 410 4.11 rlhe r~fllj~-~ ~ill meet lhe native~ ege~t~on' reqmrements' o1' I)ivi.~ion 3.9. Vegetation Rerm,~,'al. Pn,teclion and P~ation of the I.[X, for the ,,ubject ~y. In addition m the areas desi~ an the PUD Mmfer Plan as buffers and lakes, cqx. n qx~c¢ ~ill he alh~'atcd within each subsequmt de~'lelwnent area. Open space may be in the form of landscaping,, additional buffets, passive or active recreation areas and water mana~t facilities. The tolal aggregate of tach open ~pace areas ~all meet or exceed the open space rt-qui~ of Sec. 2.6.32 of the I.DC. which requires a minimum of ~ixty (G0} percent for residential develolwnen~ Areas dedicated to Collier County for the c'xtcn.~ion of I.iving, mm Road and Blosm~ Drive may be counted towards the total open .~¢ requiremcnt~ ~,ukl the need ari~. Archaex)loeical R~ l'he developer ~nll be subject to Section 2.2.25.1.1 ofthe I.DC pertaining to archaeological reaxnz-et in the ex'mt they are contained on the property. 4,12 Cornnxm ^r~= &faimcllance Common Area I~i~. includin~ Ihe maimemum~ et'common ~ili6gs, open .spaces, md ~c~' man~emem Facilities shall be fhg ~'bility ol'a home owners' 4.13 Dedication ol'Public Dedication of road ril~-Of-~j~ and publh: facilitie~ dell be in accord.-u~'e with Section 2.2.20.3.7 oftbe I.DC. 1 2B 1 S£CTION V Permitted Uses and Di~ ~ 5.1 P~ The ~ of this Seclion is to identify ix-rmitted roes nmi development standards for areas ~'ithin the Oak Gr~'e PUD designalcd for residential dc~elopmenl on Ihe PUD ,%laslcr Plan, Exhibit 'A'. 5.2 M~imum Dwelli~ Uni~,~ Five hundrcd and fifty {550) dwelling units rite Ix'rmitl~ within the Oak Grove PUD. ha.,,cd on a density of finn' (4) d~'clling uniLs pcr gtm,.s acm. 'lhe Pill) Masler Plan desillmles the follo~in$ us~ fac each tract designated on the PUD ,Master Plan. TRACT ACRF,.q I +8.45 II :t Ii.60 III IV ill. 19 V *15.42 V I :t I 3.49 S.F. and Duplex (side by side) S.F. and Duplex (side by side) S.F. or M.F. S.F. or M.F. S.F. or M.F. S.F. or M.F. The appmximal¢ acrease ofmsidemial Imm is ~ on the PUD Master Plan. Actual acreage of all dcvclolwnem tracts ~ill be provided al ~e lime of Sile Development Plan or I'mliminary Subdivision Plal approvals in nccmdmce with Article 3. Division 3.3. and Division 3.2. ~iwly. of the Collier County Land Des'dopmem Code. Residemial tracts are designed lo accomnmdale imcmal roadways, open spaces, recremionnl amenity areas. ~'ak-r nmnagcmcm facilities, and mher similar uses found in residential areas. 5.4 Pcwnittcd Uses and Structu~. ~ No buildin~ or .,m'uc~me. or pm'l Iherre~. shall be erected, altered or used. or land used. in ~.lmle or pan, for mba' Ihan Ihe following: .et. I, Principal Acccssmy L's~s ~d Sln~ums 5.5 Acct~ ~ and Mmclm't~ customarily associatcd with principal rr~i~cmial ~ Ix~mitlcd in Ihi.~ diMrict, im:luding rectcutional f'aciliti~. iX~cl~~ maintcnane~ f'~.'ilitic~ ~nd cluhhnme. I. I1~ devc~l ~andard.~ for residential arcas. f ...................I"" £LoI. MEN-r .~T~N 0A Rb~q, 'tOn' R£'gDEN'TtAL ARI~'~ . Io ! (t reduced skle )'ard as set f~wlh herein. ~-hich conforms Io requir~ts of Colli~ C,~my I~d I)ev~~ ('~]e. A,icl~ 2, I)ivi.~io~ 2.6,27. Only ore n:skk'mia] d~dling uni~ lype shall be permi~ on any tract designated for rcsidcnt~ use. Wha'e diffewnt dwelling mit types arc planned on adjoining tracts. thtT .,d~all he ~ by n'tnealioml facilities, o'wnm~ ~ et I,-m6ncape buffers. All ~ ahall he in accmd.mce with Divisi~ 2.4. Inuxbcaping and Buffeting of the I.IX': ho~.vet, a Type "11' buffet shall be provided or a three foot high undulating Ix, tm along the norlhcm edge of Tractq I and Ii dcpicted on the PUD Mantet Plan to prm-kle additional .,~x'ening for adjacent single family mcs. I~nd,,capintt ah,ng the imemal acccxn mod depict~ on the PUD master plan shall conni,,t of unif, n'm plant material that meet,~ or en¢ccds thc requi~ts of.r,~ction 2.4 of thc I.IX'. I~ng and .nignage shall al.no he uniform at each signature cnlrance'~ay ina, individual tracls. ~h~h shall al.,m t'n'onm~¢ a similar theme thr, ntigh~ thc plamled developmem. The tim tract to he developed in Oak .,,hall ~et forth the hndgap/ng and ~ilpmge mndmds for the internal roa~.ay depiaed on the PI ~D ma, net plan and emnmc~ .,~ds. In rnccling the petimelet buffet requifefrents, thc exLqlin8 non-nati~,.c ~'cgctai,~'cima tree~ nee remdts~ so be reed in meet~ the I~ requi~, f~.' thc qul~ propefly: he~.e~,et, additkmal aq3'~l nath'e Plaming~ ma)' he n-quired to achkn'e Ihe imem and putpme el'.~k~ticm 2.4 ol'the I.IX.'. Petimetet buffers shall only he n'qui~ for the boundmy ofeach tract at the time it in developed. Buffeting mu,' be required during thc site plan review process of all ~,r some remaining tracts as dclermined appropriate by the Developnwnt .~-rvices I)ircchw. haned mi the t)'l~ of I~q¢ and pnmimity lc, renkk-mial me. All n~gnagc .,,hall be in conf~nmunce ~nith I)i~,iskm 2 5 of the I.D(' All p~ing shall be iff conf(,fma~ce with Di~'ishm 2.3. ()fi-Street Parkln~ and I.,nsding. Paved pmki~ is also permitted within thc I.'P&I. ~ subject to theb auth~winstion. 10. .~-thacks shall he measured Imm the leg, al boundary of the lot and ate inclusive of easements ssith the exception of easenz, ms that comprise a road right-of-way. -II- Within c~ch indiq,'idmll Izacl. In:hileclm~ stmdm'ds shill be mit'md wilh re'gaz'd c~lms, mot' lines, m~d ~ so ns Io amc I uniform arc~ stBmL,~d czch individu~ U'zcL -12- .~F. CTION VI I-:nvimmmmal Stt~brds The purpose of thi~ .e~im~ i~ to set forlh the cnvi~l cmnmitmems ofthe Pmjccl De~'clolx'r. 6.1 6.2 Pclilimet ~all obtain and mbmil decunem~ke of all necessary l.ocal. Slate and 6..1 1he applicant ~all ~ ~ubje~ Io all envinemental mdinance~ in effect at the time d~.cJ(,jwncm mdcr apprm~ds. 6.4 ^ wesland preserve ama is Iomed on the PUD Mmk. r Plan. alm~ the emaem boumb~ ol'the pmjecl and com~ :~.91 aax, s Iomal oulstde lie l.ivJn~lon Road Ri~ht-of- V,'a).. This ~'~land ~ ts proposed m be ~ and fumlmmma]ly left imact: h~m'e~'cr, minor cncroac~ may be permilled, based on issuance oflx'tmils from I.,~:al. Nlal¢. and Federal ~land permillin~ ~ .~£CTION ¥11 T~ Requircmems The ~ of this .'k'~i~ is to ~ fmlh the l~lion commitments ol'the pmjecl devdopment. 7.1 The dcvelolx-r shall pan'ide arterial levd street lighli~ ol'the project a.lrance. Said lighting shall he in place prior to the i~suanee ol'any Certificate ot'~. 7.2 11~ road impact fcc .shall be as ~et I'mlh in (hdinam:¢ 02-22 as amemled, and shall be paid al the time I~uilding permits ate issued, unless mhens, i~ approved by lhe Board of (,oumy Commis.si~x-ts. a) h) c) d) Ihe (t~, (~s'e H~I) shall rv,.mrs, c a maximum 01'27:S f~ al~ t~~ Ssal~ ~~t ~~ts in ~c~ Em im~ f~ ~ils. I~vc lo ~ ~~ ~ t~ ~ ~y ~ ~ ~ t~ PUD M~t~ P~ in ~~ fm i~ f~ ~i~. (~gc IIk~ l~is'c ~1 ~ ~i~ ~ c~~ ~ a mi~r coll~tm I'~~~il~' o[~ ColI~ C~ ~ ~1~ C~ ~ I~ C~my C~mi~ 7.3 Internal acccss impmvmls shall nm be subjccl lo impirt fee ax'dis and shall Ix in place hcfi~rc any ccrlifTcmes of~. me issued. 7.4 All traffic control dcvie~ used shall confrere with lie Mmfl~ on Uniform Trame Control Devices as required by Clmpler 316.0745. Florida Sfalulet · 14. 7.5 Cmnmi~ omo I. ivin~n Road: co,~ Ceur~ Lind ~ Cede md ~ ~ Po~kT. ~ ~-~ may be ammded. Med'~n acc~ ~ ~1 mmin under Counv/comml Commi~ ~ the dcvclol~. 7.6 In ~e m~'m ~1~ nc~ss is nec m~il~ ~e L~ P.e~ I~. ~ cemmmc~mm~ da~ for ~m~'tioe. ~ b ~ from Ora~ Blossom Dry. .'IECT]ON VIII Utility and Enginecring RequiremenL~ The purpose of this .e, ection is to set forth the milities and engincering commitments of'the It.I tStilitie~ Water distn*bution, sewage collection and transmi~ion and intcrim water and/or se~'age treatment facilities to serve the project me to be designed. conslmcled, eom'eyed, m~*ned and mainlained in accordance with Collier County Ordinance No. 111.76, as amended, and other applicable Courtly rules and regnlaliom. IL All cust~ connt~ing to the water distribution and .qew~e collection facililies to be constructed will be ctmmner~ of the ('aunty and will be hilled hy the Coumy in ~ with the Coumy's established rates. ~houM the Coumy nm be in a position to provide sewer service to the project, the sewx. t customers shall be cmtomevs of the interim utility cst~lidmJ to serve the project until the County's ofrlile sewer facilities (,. Prim to aplwovaJ ofamstruclion doaunems by the County. the developer must ~ veril?zatk,n, pmmm~ to ~ 367. Florida 5tmlutt. s. ~ the I-'k,rkla Public Service Commis~z,n has ff~nted te~itorial ril{hts to the developer to provide se~er service to the project until the County can pm~'~ these services tluzmgh its se~x'r f~cilities. I), Thc mility consmsclion docmnenls for the prujcct's sewerage system shall be prcporcd to contain the design and axmnmion of an omite force main. v, hich will ultimately ~ the project to the frame central sewerage f~cililies of Collier Coumy. The force main must be intercmumcted to pump station with appmlwiately located valves to permh for simple redirection ofthe Im,je~s sewage, when connection to the County's central ~ facilities becmnes available, -16- Prim to m nl the time of ~bmission of con. motion plans and final pl~t for the pmje~ the potable writer supply from the Collier Coumy Wa:cr-Sewt-r Di~ricl I. st'rvc this proj~ ..,hall be inslalled adjacenl to Ibc pmpc~ and be in sc~rvicc. 1;.2 [X-t~il~ ixn'i~. Indi~g. sit~ drain~: mi utility plans shall be ~mbmitml to the I~e~ .~'~'ic~ ~ for r~w. No ~ pennit~ ~hall be imwd unlexq detailed Ix~ving,. ~rading. site dmin~,e mi utility plato sh~dl be submitted to the mi until q~oval of the ~ t'onslrmsion, in ~ ~th the submitted plans, is IX'~itm mi comlructk~ of all improvements shall be subja:t to compliance with Ibc q,pmpriale prm'isions oflh~. Collier Coumy lAX' C. Subdivision oftbc site sdmll require phmins in accord3mcc with Section 3.2 of I,IX7 to define Ibc ri~hl.of.w~y mi tracts .s~ms~ mt Ibc PUD D. Tbe d~lopef ~ nil ~quem tm~.rs of this ;s'oje~ shall be required to ~a~isff the ;x'qui~ of all County ordinn~es or codes in effect this die. includinl I~ nm Itmiled to Preliminm? Subdivision Plat~ Site I}ev¢lopmem Ptam mi any other applicn6om thai will result in the i.,m~me ora final d~'el~ ruder. The d~'elopment will provide adequate nght-of, way for future turn lanes at the project emran~ to Orange Blossom Drive and the design will be coordi~ wile the Off'me of Capital Projects M~. The dev~ ~dl ~ fee simple ri~t.of.w~y to ~e Coumy for both Livinl~ton Road mi Onm~ Blossom Drive prior!o the ;x'ceipt of any d~'elopmem onk~ for construction activities. '~ -17- SECTION IX The purpme of this Section is ~o set forth Ihe wnler managem~ commi~ ~'f the project 9.1 9.2 I~illn and cmmmction of all imptm'ement~ shall be subject to compl~ whh the appropdate ptm'i~ons of Ibc Collier County LUC. exceln that excavation f'o~ water management feature~ shall be allowed ~ Iwenty (20) feet from side. rear or abutting 9.3 I.an&~ng may be plaeed ~ Ihe ~ram, mmm~ne~ area in eompl~ with t~e crik-ria ~ablished ~ ~ 2.4.7.3 of the LDC. 9.4 The we~ ~eason warn' lable elevnlton ~ be established st ~e time of South Florida 9.5 The c~ s~ale from I1~ ~ater ~ ~ to ~e D.2 ~anal shall be within a d~na~ easemem u~ be trended In4Ot ~o ~ of the Cnn deve~ o~.. 9.6 ^~ sime ol'developmem plan sulxnitted. "Typical Lake Seaion" shall be ~ to show the 2:1 breakpoim at 3' below Iow. wak. t level nm 3' below control as shown. -II- MITCHELL B. THOMPSON P.A. J. ?owtdup 49 Soud~ ljop :5 F. if,. Leto rod fJjtl orw~, c4~ 6. OS 0ores moee bet .~ot v~id udm ad,osud u.~ thc proimimd, s md. STATE OF FLORIDA) COimTY OF COI~ZER) l, l)~fI(~T ~. BROCK, Clerk o£ Courts in and for the 1~ntieth Judicial Circuit, Collier County, Florida, do herebycertify that the foregoing is a true copy O~q~DI~NO. 98-71 ~hich vas adopted by the Board o£ CotmCyCommissioners on the 8th day of September, 1998, during Regular ~mmion. ~I~/~.~myhamt ~ the o££icial seal o! the Board of County Cos~ssioners of Collier County, Florida, this 8th day of Septmaber, 1998. Dt~I(;~ l. BROCE · Clerk of Courts and Clerk Ex-officio to Board. of Deputy Clerk 12B2 Afftdmytt ~ I~l)t~cmthm ATTN: IL4nCY SJ4.0GUI BOX Jm slack: 141.cco ~ FXLZO oN: PerKnstty k~mm I~' M / COLLI[R COUNTY FLORIDA R£QLT~ FOR LZGAL ADVERTISING Of i~BUC' IIEARINO~ 12B2 Pctitioa ~ {Il'none. ~etmd'de~'q~m}: ~ . Pemo~. (Name a. Adapt ~&~~.532 I~lW~,.._l~al~ ~ 34110wl (""'-~eA. {'m eJ6 10~ AV-~,, N E. N__~ FL 34120 ..... ikanfll Ix-fete ~ BCC BZA ~~s) so ~ emi, (C0ae4oe c~dy, I I 3- 1311121-/,,191 In Lfll A41achmcl~ DISTRIBUTION INSTRUCTIONS (,t, nol~ t.t~Ls ~ovez:) '!11111111111111111111111111111111111111111111111111111111111111 IIIIilllillllililllliilillllllllllllilllll'liillllllilllllllll IPROH! FAX~OI l~J, zl ~ - ,~__surrJ & _u?O__SDS. I Collier County CouL"t:hm~se - (813) 77,~-8~08 FHOXE'HO~ (ax:3) 774-8406 [~]~:~1 ~2,~31oo'o371 19161,~o2:]sas I oKI si . I___e~ms~ueeaN~uux. ui ~2,20 l ee, e~ 33 I,, !9GzsMm ! cx ! 41 :i~''~ ISm°umuuuummZl I July 22, 1998 Ms. Judith Flanagan Napleg Daily News 1075 Central Avenue Naples, Florida 33940 Re: =;otice of Public Hearing to Consider Petition PUD-98-4 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 23, 1998, and kindly send the Af£tdavit of Publication, in duplicate, together with charges involved this office. Thank you. Sincerely, Elite Hoffman, Deputy Clerk Purchase Order rio. 803277 ~uly 22, 199~ Gerald & Harian Bray 532 Ibis Way }~aples, FL 34110 Re: Notice o! Public Hearing to Consider Petition PUD-98-4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~issioners on Tuesday, September 8, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily Ne~s on l~unday, August 23, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12B2 July 22, 1998 Mr. George A. Cannan 696 10th Avenue N.E. Naples, FL 34120 Re: Notice of Public Hearing to Consider Petition PUD-98-4 Dear Petitioner: Please be advised that th~ above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 8, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petittonwill be published in the Naples Daily News on Sunday, August 23, 1998. You are invited to attend this public hearing. Sincerely. Ellie Hoff~n, Deputy Clerk Enclosure NrYrlCE OF II~I~E~IT TO, CONSIDER ORDINANCE Notice is here~! given that on TUF-gDAYt ~ER 8, .1998, in the Boardroom. 3rd Floor, Administration Building, Collier CoUnty Government Center, ~91 East Ta~iami Trail, Naples. Florida, the Board of County Co~issioners 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 ORDINatE AME~DINGORDZNANCE NUMBER 91-102. T~E COLLIER COUNTY LAND DEVELOPMENT CODE WHIC~ INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR ~{E UNINCORPORATED AREA OF COLLIER CfFJNTY, FLORIDA BY AM.~I~ TME OFFICIAL ZONING ATLASMAPNUMBER 482728 BY t'7{ANGING THE ZONI~ CI~SSIFICATiON OF T~E HEREIN DESCRIBED REAL PROPERTY FROM 'E' ESTATES TO 'PUD' PLANNED UNIT DEVELOPMENT KNOWN AS HIR-MAR FOR CO~dERCIAL USES PErmITTED IN THERANDALL BOULEVARD COMMERCIAL DISTRICT, AS SET FORTH IN THE GOLDEN GATE AREA MASTER PLAN, LOCATED IN THE SOUTHEAST QUADRANTOFTHE IN'FERSECTIONOF RANDALL BOULEVARD ~:D THE NAPLE$-IMMOKALEE ROAD [C.R. 846), IN SECTION 27, TOWNSHIP 48 SOUTH. RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.3~, ACRES: ~ID BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD~9S-4, ~ight Nadeau of McAnly Engineering and Design. Inc.. representing Gera~d L. and Marion M. Bray and George A. Cannan, requesting a rezone from 'E' Estates to 'PUD'. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for ina$)ection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any ager~ta item must register ~ the County administrator ~ to presentation of the agenda item to be. addressed. Individual speakers will be limited to 5 minutes on any item. Th, selection of an i~%dividual to s~ak on ~lf of an organization or group Is encourage. If z~ized ~ the ~i~n, a s~kesp, r~cn for a group or organization ~y ~ allotted l0 minutes to s~ak on an ~t~. Persons wishing to have written or graphic materials included in the Board agenda packets must sub, it said material a minimum of ] 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 ~o a$~eal 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 procee~ings is made, which record includes the testimony and evidence upon which the a$~)eal is based. 12B2 BOARD OF C~ CONI4I$$IONERS COLLIER COUNT'S, FLORIDA BARBARA B. BERRY, CHAIRItAN DWIGHT E. BROCK. CLERK By: /s/Ellie Hoifma,. Deputy Clerk (SEAL) 12B2 OP. DI:~ANCE :lO. 98- AN ORDINMICE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELO[~ENT CODE WHICH I:)CLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE '-".iItICCRPORAT£D AREA or COLLLER COn, TI-f, FLORIDA aY AHEUDI~IG THE OFFXCXAL:ZONXNG'AT~2%S HAP' NUMBER 48272g~ SY CHANGING THE ZONINGCLASsiFICATION O£ THE HEREIn! DESCRIBED REAL PROPERTY. FROH ESTATES TO 'PUD' PLANNED UNIT DEVEI~)FMENT It'NOWN AS ,'aIP.-:~AR FOR CO~DaERCIAL USES PERMTTTED IN THE ~ANDALL BOULEVARD COI~aERCIAL DISTRICT, AS SET FOI)TH irt THE GOLDEN GATE AREA MASTER PLAN, LOCATED ::1 THE SOUTHEAST QUADRANT OF THE INTERSECTION OF PJ~IDALL ~GULEVARD AND THE NA~*~ES-IH~OK;tLEE ROAD ~'C.P.. ~46), IN SECTION 17, TOWNSH%P 48 SO~JTH, P~GE 27 EAST, COLLIER COUNTY, ~ FLORIDA, CONSISTING OF 2.38 * ACRES~ AND BY PROVIOING AN WHEREAS, Dwight Nadeau of Hcanly Engineering and Design, :r.c., representing Gerald L. and Marion M. Bray and George A. C~nnan, Petitioned the Board of County Commissioners to change the zoning classification of the herein described real propercyl :~Ow, THEREFORE ~E IT ORDAINED by the ~oa~d of County Commissioners of Collier County, Flo~ida~ The zoning classification of =he her~ia described real S:~Pert7 i:cated in Secclcn £7, Township 4~ South, Range 27 East, 'iolller County, Florida, is changed from "E'Estates to Cocu~nt, attac~e~ hereto as Exhibit 'A": a~incotporated by reference herezn. The Official Zoning' Atla~ Nap Number 482728, as ~escr:bed in Orainance ~lum~er 9~-~02, the Collier County Land leve!cDmen: ?c~e, Ls .~ereby amenOed accordinqly. SECTION TWO: This O=a:nance shall become e~fective when the small scale :~Frehe~:ve plan amend=ent upon which it is base~ becomes leqa'ly effect:ye pursuant to Subsection 163,3187(3)(c), Florida StatLtes. County, ADOPTED by the Board o~ ;Io=tda, chis , ,, day o~ ....... ~ARD O~ BY: BARBARA B. BERRY, ChaLrman ~:~T E. ~ROCK, Cle~k Approved as to £orm r : 6: and Legal Suffic~ency : Mar]t~r :e-M. Student MIR-MAR ~L&~ m~,AY ~J-2 IBLI WAY (]IK)m~ A. CANNAN iN lOTH. AVENUE NAI'L~ FL(WDA J412o PI;D98.4 BY: W-Am-Y ~ ANt) DESIO~ DC 5101 EA.TfT~~~ ~ l~H.l~ FI. OlUDA J411J DATE ~ BY ~ _ DATE ~ BY BCC T,~BL~ OF CO~ 12~2 Seca~m ~~ cqand~ ~ ~o ~b~ Pdndd Bodmrd ~ ~ ~, Sadl Sc~ P',m J 1 P82 '' I.I 1.5 ~Z~ION I ~O~ OWI~'~3~I]' ~ D~ON Pit Book 7, Plea 9 ~ 10, of'fbf~ ~ ~ of'ColStr IJ rROI'I~TY OWlvY. RSIin, 1,4 I'flYSlCAL D~ON rROJECF DESCJUlrTION ~: otdF pkmy u ShNdd m Weamm b Juthd ~ b oq~al orb Mlr. b 12B2 12B2 12B2 ~4 AM~qDMLqTS TO ~ DOCUMDFr OR I~UD MASTER Lind Dtwbpat~ CodL J4ml' dmq~ md n'bfma~ m deahd b Sectfoo 4J.C ~ DEDJCATJON AND MAI:N3'K~ Of COMMON AR~.A~ A FAOLI'r/F,S 2.? LINKAGE TO COLLII:R COUNTY LAIqD DEYI3,OWl:HT COD[ AJJm wiJ b IOWned by b edoped ~ ~ end F, UD b pbn. 12B2 IT, C'tION III COMM~P. CIAL DEV~LOIq4ENT 3.1 6) Food Mmtfts II) Vmrkm7~~m~~ 12B2 E. MIM~ ~A~qC~ BFFWI~I S1B~Ci~,]~ IOff~ tL I. ,~tC I~rEC'TIJlt~ 6 12B2 Ig. CTION IV D[Vi~LOFM[2q'T COMMITM ~ 4.1 IUD MAST~ DI'VEI,O~ ~ E.~ba 'x'. ft~ ~,(mmmmr rim mmmm mbm ~ ~ end b mM mm? Im m4m,I mm ~ mm mm~ ~ ~ llm. kllm mm mlmm mm4m Mm~ Ikm Im dm. I! Ibm bdmbm M'~ 43.CI) o~ddm docummt 3) 4.4 .I~IlF. DULE or D£YX. LOI)M£,~'T/MO,i(rroRI~G R£1'ORT AJ'fD St;~SET A IMLmdDndqmuiCok. 4.S TRANS?ORTAI~O.~ A I! · 12B2 WATER MANAGF. M F. NT 4.9 faf b ~ w~h Secibn J.gJJ,4,. LDC, SIGKS LX.KDSCAI'I. lUFf[RS, BDU4S, IrD(czs XND WALLS k mmdnd, mml~ 12B2 I0 Iff Jl I · 12B2 ORDINA~ICE NO. 98- 72 AN ORDINANCE A~ENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPNENT CODE WHICH INCLUDES THE COt4PREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED ~EA OF COLLIER COUNTY, FLORID~ BY AHENOING THE OFFICIAL ZONING J~TL;~ HAP NUNBER 482728~ BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY rROf4 ESTATES TO 'PUD' PLANNED UNIT DEVELOPMENT KNOWH AS HIR-HAR FOR COF~IERCIAL USES PERMITTED IN THE RANDALL BOULEVARD COt~ERCIAL DISTRICT, AS SET FORTH IN THE GOLDEN GATE AREA HASTER PLAN, LOCATED IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF RANDALL BOULEVARD AND THE NAPLES-IMHOKALEE ROAD (CoR. 846), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COURTY, FLORID;~, CONSISTING OF 2.38 + ACRES~ ;~ND BY PROVIDING AN EFFECTIVE DATE. WH£REAS, D~ight gadeau of Hcanly Engineering and Design, Inc., representing Gerald L. and Nation N. Bray and George A. Car:n.~n, pe~.itioned the Board of County Commissioners to change the zoning classification of the herein described real property; ~tO~, THEREFORE BE IT ORDAINED by the Board of County SECTION ONE: i~ ~', The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 27 East, Collier County, Florida, is changed from #E' E~tates to 'PUD' Planned Unit Development in accordance with the Nit-Mar PUD Document, attached hereto aa 'iL~hfbit-A~ and :..~rporated ~' ~r;' reference herein. The Official 3onin~ ~tiae I~ap Rumber 452?28, aa des~r~b~.d in Ordinance tiumber 91-102, the Collier County Land ~e'.'eiopmen~ Code, ts hereby amended accordingly. SECTION TWO: This Ordinance shall become effective when the small scale comprehensive plan amendment upon which it is based becomes legally effective pursuant to Subsection 163.3187(31(c}, Florida Statutes. ' PASSED AND DULY ADOPTED by the Board o£ County Commissioners of Collier County, Flol~ida, this ~ clay oft~3~:~r~ 1998. ATTEST: ~'~ Approved as {o Yom and Legal Sufficie~c~ BOARD OF COUNTY COMMISSIONERS COLLIER COt;NTY, FLORIDA Mar~t~rie M. Student Assistant County Attorney MIR.MAR A PLANNED UNIT DEVELOPMENT RF. GULAT1ONS AND SUPPORTING MASTER PLAN FOR MIR-MAIL A PI.ANNED UNI[ DEVELOPMF. NI PUILqUANT TO PROVISIONS OF TI IE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOP~ GERALD L & MARIAN BRAY 532 IBIS WAY NAPLES. FLORIDA ~41 I0 GEORGE A. CANNAN .' ' 696 10T~L AVENUE N.E. ~: . NAPLES. FLORIDA ~4120 PREPARED BY: McANI.Y ENGINEERING AND DESIGN. INC. ~101 EAST TAM1AMi TRAIL. STE. 202 NAPLES. FLORIDA ~4113 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NU~mER AMEND~fl-.N'TS A.~D REPEAl. Exhibit 98o72~ oo PUD98:04 T~BL~ OF !.~ of Exl'~'bits and Tables S~en~ss o f C. on~ms'~'e Seclion i Seclion II Set'lion III Section IV Projet't Developmms Co, n's~inl De~lopment Des~ Commim~n~s . · 3 $ 7 12B2 EXlllBIT A hiST OF £X~IlnlTS .... PUD MASTER PLAN · ~TATE~IENT OF CO~IPLIANCE f~ilh~ of ~Ik-~l~ PUD ~'~ ~ com~ ~h t~ ~h ~lk~ ~ ~~ Thc subject properly for des~lopmem b within the Golden Crate Estates Designation as k.lenlil'ed on Ihe Golden Cate Area Future Land Use Map, but is proposed to be an expansion are~ to the Randall Boulevard Corm~etclal District through a Small Scale l'lan Amendrnem pursuam to Subseclion 163..1157 (I)(c), Florkla Slatutes. Thc uses comemplated are consi~em ss~h Randall Boulgvard Congnercial District as set forth in thc cx'm~ Golden C. me Area Master Plan. The proposed Pt.~D and expamion ofthe ICandall Boules~d Commercial D~ ~i ~T to ~p~ O~ 1.4. of t~ ~ ~e A~ k~ P~ ~ ~ I~ co~c~l ~ In ~ t~ ~ of~ ofl~ ~s of(~ Gate E~. SECTION I PROPERTY OWNER.qlllP AND DESCRIPTION I.! PURPOSE The purpose of thk Section k ~o ~e~ forth the Io~ion and owr~rs~ of the prope~y, and to de, critic the exi~ing condifiom of the property propmed to he devebped under the ~roject name the M~r-Mar PUD. 1.2 LEGAl. DESCRIPTION subject 2.3gs= acre property is describ~ as: The F. as~ '/~ of Trac~ 54. Golden Gme -Es~es, Unit No. 23. according to the Plat thereof, of record in PIm Book 7. Page~ 9 and 10. oflhe ~ Records of Collk-r Count). Fiori~. PROPERTY OWNER$111P 1'he ~l~ect property k o~m'd by Gerald !.. Bra)' and Marian M. Brny, httshand and wife. ns an l'~,,tal¢ h~. the cmirc'lie~, and Ck'orge A. Carman. a mnrried m~n. a~ tt-n~nts ~ common. !.4 PIIY.~ICAI. DESCRIPTION 1he ~bjcct proper~y k located in the ~omlr~c~ quadrant of t~ ~t~n of ~fl lkm~.ard a~ ~ Nap~ - I~ ~ (C.R. ~6}, ~ ~n 27. T~ 48 ~ t~ Big Co~' ls~ V~ ~~'s ~g~ ve~ to mil~ ~ ~g s~ ~i~h c~'at~m r~ from 14.0 Io 14.8' ~ ~ ~ ~L ~ ~o~ ~ ~g~m ~g~ ~ t~ ~o~t will d~ ~ff ~ t~ ~o~t~ d~n ~ for I.S PROJECT DE.qCRIPTION I he Xfer-Mar PUl) shall be an ememion of thc existing Randall Boulevard Commercial l)i~ri~l. ~,ith commercial dcvclopmcm opportunity limiled by the provisions of that District. In an effort to improve ingress and eg/'ess both lo thc PUD properly nnd the Big Corkm:rc~ Island Fkc Station immediately to the west. accem shall be shared wish the station. ~hus providing grenlcr luming movement Ohio C.R,-846. which shall be the PUD's only prim.~,' ~ccess. Should an agreemcm be reached bclween ~he owners of the Mir-blat PUD. ',md Ihe owner of lands lo Ihe easl. vehicular inlerconncclion of the properties is t~-rcl~,, re,fred. ¢;~'n th~ narrow rectangul,~ s~pe of the property and constraining pnrking s~ndard~, the prop~y cannot be d~vdoped whh more thnn a 20.000 squnre foot shopping center. 1.6 .~!10RT TITLE SECTION II PRO.I £CT DEVELOPMENT REQUIR£M ENTS 2.1 PURPOSE Thc i~-po,,c of this .~.cfion is to dclbJc~c taxi fcr~-rnlly dcKn'bc thc project plan of dcvciopmcm, rclatiomhips to ~q;~plk:ab;c County Ordiflmx:cs, t~ rcsix, ctive land uses of the Mir-M~ PUD developmem, m well ~ other projecl relallonsl~ 2.2 GENERAL gcguhlk)ns for clcvelopmem of Mir-M~r PUD shall Ix: in nccordnnce with the contents of this document. PUD-Planmd Unit Development District ~md other applicable scctions and parts of the Collier County land Deve~ Code snd Gro~h ,Mamienx'm Plan in effect st the time of building ~ application. 9,'her¢ [hese regulations fail m provide developmental standards, then the provlsk, ns m' thc mom similar district in the Coumy Land Devdoptmm Code shall apply. Unless othem4se noted, the ~f~ions of afl tenm shnll be the ~ame as the definitions set forth in the Coll~ County Land Development Code in effect at the time ofl~ilding pern~ appFw, ation. All conditiom imposed and all graphic material ~ed depicting restrictions for ibc dev¢loprmm of Mir-Mar PUD flmll Ix. oome ~ of the relu~iom which i~o~x'm the mature' in ~tich the PUD ~e mzy I~ developed. D. I;nless modif~l. ~ai~x-d or excepted by Ihb PUD. the provblom of other ~-tiom of the l.m~d IX.v~ Code. where q~plkad~, rum.in in full force .nd effect ~ith reslx'cl IO the deve~ of Ibc land which eomlxlSes this PUD. IX-velopmem permitted by the approval of this petition will be mbject to a concurrency review under, the provisions of Division 3.15, Adequate Public F3cililies. of the Col~ty ~ DL~'cloprncnt Code. ~I thc earliest or next to occur of either Final Site Development Plan. Final Plat approval, or buikJing permit issuance applicable to Ihi~ development. 2.3 DESCRIPTION OF PROJECT PLAN 'I he project Ma~t~' Plum. i~ludinl ~ of proposed land uses, and vehicuhr me areas is illustrated graphically by Exhibit "A". PUD Master Plan. in addition to the vm'ious m~:as mid specific ilems shown on Exlu'bil #A". ea.qcmcnts ~s nccessm'y (mility. private, semi-priv~e) shall be c'sl~l~ withln the PUD boundaries ~s may be ~cccssary. The subject property, being of limited siz~ and width, c~n only sul~ort a maximum ,,f 20.o00 ~luare feet of commercial shopping center use~ however, the developer reserves the right m pursue clcvelopmcm amhority for a sin~uL~ permitted use. or muh~ple pet'~tted usgs on mol~ that10~ p~ln~L ] 2.4 Gi%cn that .Mir°Mar PUD is proposed to be ~'vdol~ with commercial land uses in no more than three phases by the existing property o~er. sulxlivbion b not anticipated, nor required based on the present dexclopmem intent. Should the development intern change .,tach that subdivision procedures are requited ptwsuanl to the Collier County Land l~:x-ck,pmcnt Code (I.DC). the provisions of Dix~sion 3.2. of the i. DC shall apply. Prior to Final I.ocal Development Order issuance for all (,r part of the PUD. t'mal plan, of all required improvenx-ms ~ receive approval of the appropriate Collier County governmental agemy to insure a:m~nce ~dth the PUD Master Plan and the Collier County Land Development Code. I.*.xhibh "A'. PUD Xla~te~ Plan. constitutes the required PUD Dcvclopmem Pbuc An) di~i~k~n of property and the development of the land shall be in compliance ~ith D~,k, don 3.2 of the Collier County Land Dex~lopmenl Code. ~ the platting la~s oftbe State of Florida. 1 lz. provi;k,m of DMsion 3.3 of the Collier County Land IX-vdopmem Code. when applicable..,,hall apply to the dexek,pment of all platted tracts, or parcels of land as pro, k led in said Division prior to the i~*,uance of a buildin~ permit or other dcvclopnz, m order. Appropriate instrumenls ~1~ be pro~'ided at the time ofinfi-astru~ural inq~rovemems rcgardinl~ an~ dedicalions and method for pmvidin~ perpetual mainlcr~,-,ce of corrm~n facilJlics. A.Xl I~;NI),Xl ENTS 1¢) PUD I)OCU,~IENT OR PUD .NIASTER PI,AN 2.6 2.7 Chang~ and anz-ndmems may be made lo this PUD Ordiname or PUD ,~k~ter IX'vclof, m~t Plan. E~du'bit "A", as pmvldod for in Seetinn 2.7.3.5. of the CoFfer Coumy I.~nd I)c%clopmem Code. Minor ehanga and refinements; a~ described in Section 4.3.C. of this l'iJl) document may be made in connection with any type of development or permit application required by the CoW~'r County Lmld Deveblmlenl Code. I)EI)I¢'ATION AND NIAINTENANCE OF COMMON AREAS & FACILITIES I-~.,~-nx'nt,~ ,~hall hc pro,,Zlcd fi,r ~atcr manal~cmenl areas. ~cc~. utilities and other purposc,~ ~.~ required. All necessary ca.~nz-ms, dcdicalions, or other instruments shall be granted t,) imure the contimJed opcralion and m~Mlcr~ncc of all service utilities in compliance ~th applicable regulations in effect at the time of adoption of this ordinance (.-;tahli~hing Xlir-.~lar PUl). LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuam t,, Subsection 2.'/.3.3. ofthe land Development Code. upon adoption of the PUD Ordinance and attendant PUl) ~dasteT Plan. the provbiom oftbe PUD document become a part of the i,and Devclopment Code and shall be the staszlards of development for the PUD. '1 henceG,rth, developmem in the area delineated ns the PUD District on the Ofllclal Zoning Atlas will Ix: i~o,,cmed by the adopted development regu~atiora and PUD l~laster Plan. SECTION ill COMMERCIAL DEVELOPMENT ,3.1 .3.2 3.3 PURPOSE ~ The purpo~ of this Section is to texturally articulate the development plan for the project site as depicted on Exhibit "A". PUD Ma,~ter Plata. MAXIMUM COMMERCIAL/OFFICE SQUARE FEET A total ofapproxirmt¢ly 20,000 ~quare feet of¢ommere~l land use area is propose! for the PUD project [and~, The dev~ioper reserves the right to eonstruct the commercial land uses in one. two. or three phas~ ~ may be dk't~ed by ~ demand. USES PERMITTED In no instance shall the land ~ permitted herein be d:qtG-s~sbed, or prola'bJted except through an amendment to this PUD Document. No building or ~ruetur¢. or part thereof, shall be erected, altered or used. or land used, iii v, hole or in part. for other than the following: tX. Principal U~e~ I ) Automobile Service Station 2) Barber and Beauty Shop~ 3) Child Care Center~ 4) Convenicnce Slore~ 5) Drag Stores 6) Food Markets 7) i lardwnre Stor.~ 8) l.aundrie~ - Self Service Only 9) Post Offices. and Professional Offmcel (including branch Ixmks) I0) Rcpair Sh~ :m - Radio. TV, Small Appliance~ and Shoe~ I ! ) Restaurants, including fast food red, twains, but not drip-in restaurams 12) Shopping Center ~ ,,, ~ ~:',?~ ~t~, ~,::: :~.~c~ I 3) Veterinary Clinics with no outside kenneling '~ 3.4 IL C. D. Eo II, I ) Parking I'e:cililies and $ignage. ~. ~-t forth below shall be understood to be in relation lo individual parcel or lot boundary ~ or between stru~ures. Commercial condordnimn ~moeiation boundark~ shall not be utilized for dctermining developmeni ~andards. ~ , -~ ...... MINIMUM LOT AREA: I0.000 ~uar~ feel. · .... AVERAGE LOT V,1DTII: 100 f~.t. MINIMUM YARDS: , ~ I ! Front Yard: 75 feet. No parking shall be permRled, nor am/merchandise stored 2) Side Yard: 30 feet. 3) Rear Yard: 75 feel. MINIMUM DISTANCE BETWEEN STRUCTURES: 10 feet. MAXIMUM IIEIGlrr:/5 feet. MINIMUM FLOOR AREA: 1000 ~luam ~eet.. ~ floor area per principal.- structure, on the ground floor. ~! OFF-STREET PARKING AND LOADING RF, QUIREMENT5: As required by Division 2.$ ofthe Colrser County IJlml Developmml Cod~ in effect at the time of Site Development Plan approval ARCIIITECTURAL UNIFORMITY: :!.!. Commerct~l/ofl]ce development in this PUD sh~ll ~ n common archilectur~l theme for all ~ructures. Guidance for the commonality of architecture may be derived from Division 2.8. of the Land Development Code, or may be unique to the PUD. Commercial/office dexzlopment site design shall conform ~th the guidelines aM standards of Division 2.8. of the Land Development Code. SECTION IV DEVELOPMENT COM M ITMENTS 4.1 4.2 PURPOSE The purpo~ of this Section k to ~'t forth the development commitments for the dcvck~pment of thc pro~'ct. GENERAL All facilitie~ .shall be constructed in ~rict accordance with F'ml Site Development Plans, Final Subdivision Plans and all applicable State ami local laws. codes, and regulations applicable Io this PUD. Except ~'here ~pecifgally noted ot stated otherwise, tM standards and specifications oftbe Land Developmem Code of Division 3.2 shall apply to this project c~en if the land within the PUD is not to be platted. The developer, his su~ee~or ami assigns shall be responsible for the commitments outlined in this document. The do'eloper, his successor or assignee. ~all follow the Master Development Plan and the regulations of the PUD a~ adopted, and any other conditions or modlr, catio.~ as may be agreed to in the re'zoning of the property. In addition, any successor or assignee in title to the derek, per is bound by any commitnx*nts within this lgm'ment. The~ commit~s may be assigned or dck-gated to a commercial condominium association, as may be created bt,.. the Developer. Upon assignment or delegation, the Developer shall be rcleased from responsibility fi~r thc commitments. 4.3 PUl) MASTER DEVELOPMENT PLAN Ao F. xhibit "A'. PUD ,Mas~er PI~ illtmrate~ the proposed development and k conceptual in nature. Propo~ land use layout ~dl not he construed lo be final, a~d may he varied st anytime at my sutaequent WPm~ ptme. Sul,jm to the pro~'isions of So:tion 2.7.3,5 of the Land Development Code. antemime;~ may he made from time to time. 'e~' ~- All nece~.,;O' casements, dedications, or other instruments shall be granted to m the continued operation and maintenance of all services and all common areas in the pro,'ct. l'be Community Development and Envirommntal Services Administrator. or his designee, shall be authorized to approve minor changes and refmement~ to the Mar PUD Master Plan upon ~Titten request of the developer. , 1 ) The following limltatiom shall apply to such requests: a. Tbe t. finor change or refinement shall be comment with the Collier County Gro~h Management Plan and the Mir-Mar PUD document. b. The minor change or refinement shall not constitute n substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. : 4.4 4.5 2) c. Thc minor change or refinement shall be compntible ,.~th ndjacent land usc~ and shall not crea~e detrimental impacts to abutting land uses. wnter mnnagemem facilities, or extemnl to the PUD boundaries. The following ~all be considered minor changes or refmementi, subject to the iimitatiort,~ of Suhseetion 4.3.C.I} of thb document: 3) n. Rcconfiguration of water mnnagement fncilities where st~h chnnges are con~i~cnt with the crileria of Collier County. Minor changes and refmemems, ns des~'hed above, shah be reviewed by appropriate County s~aff to cmurc compliance with all applicable County Ordinnnces and regulaliom prior to the Adminislrntor's consideration for approval. 4) Approval by the Admin~mtor of a minor chnnge or refmemem may ocem indclx'ndenth/ from and prior Io an)' application for Subdivision or Site Development Plan approval, however, the Administrator. or his designee's approval shall not consthute nn nuthorb~tlon for development or implcrnentatlon of the minor change or refinengnt without fast obtaining all applicable County or City permits and approvals. SCIIEDUI.E OF DEVELOPMENT/MONITORING REPORT AN[} SUNSET PROVISION 'lifts PUD i~ subject lo the Sun~ Prox~ions of Section 2.7.3.4 of the Land [)cvck~pmcnt Code. B. An annual ?UD monitoring report shall be submilted punmant to Section 2.7.3.6 of the I.and l:~velopment Code. . Adequate turn lanes shall be designed to ~erve the l'wojecl, and ~all be i'evle~ed at th., ~it¢ plan apprm,'ai stagc of development. A site-specific access plan shall be developed at the applicant's solc cxperm:, and shall be rcviewed and approved by thc County prior to i~uance ofany building Ix'ntlitS. The I)UD Document references the potential for future imerconm~ion with adjaccm properties to tbe east. Notwithstanding the provisions of the Randall Center PUD. for which the dr'eloper has no responsibility, such interconnection may' he prox~ded at the carlier of either an agreement being reached between the adjoining proix-rty owners, or a request by the County Tr, msportation Services l)epar~ment to fa~ ilitate traffic flma. and safe operations. D. There shall he no direct access to R~dall Boulevard permitted for this site. 4.6 ~s,'ATER ,MANAGEMENT 'lhc dcvckspmem ot' this PUD Mastet Developmenl Plan ~ be subject to and ~ost'Tned thc follossing conditions: ' A. I~aik-d paving, grading and si~¢ drainage plans shall be submitted to Engineering Rcs'ic~* Scrvicc~ .c~:clion for review and approval. No conslruclion ix'rrnils shall issued unless and until approval of the proposed construction, in accordance wkh the approved plans is granted by County Engineefi~ Resie~ Sen'ices. 4.7 UTILITIES Given that thc project site is not presently serviced ssi~h centrally prosided potabi~ starer or sanitar>.' scv. er. thc project shall ulilizt well and seplic ~ms. ENVIRONMENTAL II. An cxotk: s'egetaion remosaL motoring, and maimenan¢¢ (exotic-flee) plan for the si~e shall be .submhted to Current Planninll Environmental Review Staff for rcs less' .',nd approval prior to l'mal site plan/conslrucllon plan approval. l he PI'l) shall retain the appropriate amount of existing native vegetation to be prL.'.'.'.'~rved in its entirety, ss-ith all tre~s, u~.kn'stor7 and ground covers left intact and undisturhed, except for prohibited exotic six'cics r~nnovaL For this parcel, a minimum of 9000 ~uarc feel of exislin~ nalh'e s~getalion shall be retained or mitigated fi~r in accordance ss. ith .%-orion 3.9.5.:~.4., LDC. D, Tbe PUD .-,hall he consistent with the Environmental ,~iom of the Colliet County (~ro~h Management Plan ConsefYalion and Coastal blmmgemenl E~, and the Collier County Land Des~loinnent Code in effect a~ the time of l'mal dc'v~lopment order appros~al. 4.9 SIGNS Pursuant to Section 2.2.25.8. I. of the Land Dcvcloprrgns Code, if during the course ,,f' site clearing, excavation or other construction aclivity, an historic or archaeological anifaca is found, ali development within the minimum area necessary to protect Ihe discovery shall be immedialely slopped, and the Collier County Code I;nlbrccmen! [:K-patlment conlacled. All signs shall bc in accordance with Division 2,5 of Collier County's ~ Development ('()dc in cffect at thc timg ofwning approval. 4.10 I.ANI)SCAPE BUFFERS, BERMS, FENCES AND WALL.% landscape buffers, berms, fences and ss'ails are generally permitted as a principal use throughout the Mir-Mar PUD. and except as provided for ~ buffet improm shall be in conformance with Di. 'sion 2.4 ofthe Collier Coumy La~d Devdopmcnl Cod~.. folk)~'ing standards shall 4.11 ,%. I,and~ape bcrrm ~all ha~.'c the mt~ximum side I} (;rased hem~ 4:i 3~ Rip-Rapbenm I:1 ~'~c ~ ~] ~ ~: 9 ~. "'~ ~ t~ r~ ~ of t~ gmu~ at t~ ~ oft~ f~e or wa~. For I~ ~ oft~ ~ ~ ~~ In~~t~orwa~fl~tcx~ 6~~ I,ANDNCAPING FOR OFF-~REET PARKING AR~ All landscapin~ for off-street pedcin~ m'eas dtall be in accordance with Division 2.4 of the Cotl~ County Land Development Code in effect at the time of Si~e Development Plan application. i0 Ji i MIR - MAR PUD MASTER PLAN I, ~ E. ~, Clerk o~ C~s In a~ fo~ ~ ~l~th ~lcial Clr~i:, Collier Cm:y, Flori~, ~ ~e~ c~:ify ~ :he forgoing is a ~e c~ of~ ~' Which was adopced bi, Che Board of, 4 8ch day of Sept4mber, WITNESS my hand and the of£Lcial leal o£ the Board of Co~'~illtonlrl of Collte~ County, Florida, ~his 10th day of 1998. l/onerl on the D~IOHT E. BROCK Clerk of Cot~gl ~x-of£tcio co Board' County lial)t es ~ettF_ ~IN~~ ACf~d~vlt of ~Mfc~t14n BCMJIO Of CCUNTY CC~mlSSZ~IIS ATTN: NMCY ~ FO BOX &13016 I~f LtE~C~: 001~0 /8032~7 S7'/~8116 m0Ti¢[ Of lWTEXT TO State of lrlxxqd~ Gx~t7 ~f Cottt~' ~ cn d~e~ tisted. the post offl~ iff Il.pt#, la Mid FOR CI.KRK*S OM USE: ONLY: __ (AJ,c,Xt,dA~ tJ, A, cove=) IIIIIIIIIIIIIIIIIIIIIIIIIIIii1111111111111111111111111111111111 Ilillllllllilllllllllllllllllllllllllllllll'llilllllllllllllllll ]lOs I)HOIfB' )10 s coXl/er County Couz~house ,,~ (812) 774,-840~ , : (813) 774-8406 July 22, 1998 14s. Judith Flanagan Naples Daily Ne~s 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing Co Consider Ntitioa PUD-87-33¢2! Dear Judi: Please advertise the above referenced notice one time on Sunday0 August 23, 1998, and kindly semi the Af£idavit of Publication, tn duplicate, toqether with charges involved to this office. Thank you. Sincerely, Ellie Hoff~an, Deputy Clerk Purchase Order No. 803277 ~uly 22, 1998 UrioElioAv, Elias Brothers, Inc. 180S ~, Cro~n Pointe Blvd, Naples, FL 34112 Re: Notice of Public Hearing to Consider Petition PUD-87-33(2) Dear Please be advised Cha~ the above referenced petitionwtll be considered by the Board of County Commissioners on 1~Jesday, September 8, 1998, as indicated on the enclosed notice. The legal notice pertaining to this peLLtion ~ll! be published in the Naples Daily Nevs on Sunday, August 23, 1998. You are invited co attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 1998 Hr. Bruce J. Stciliano0 AICP Aqnoli, Barber & Brundage0 Inc. ?400 Tamiamt Trail North, Sult~ 200 ~aple,s FL t4109 Re: ~Zotic~ o! Public Hearin~ to Consider Petition Dear Petitioner: Please be advised that the above reiere~cedpetitionwill be considered by the Board of County Co~nisfioners on~uesday, September 8, 1998, as indicated on tbe enclosed notice. The leqal notice pertaining to this petition will I~ Published in the ~aples Dally N4~S on Sunday, August 23, 1998. You are invitt~! to attend this public hearinq. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure NOTICE OF INTENT TO CONSIDER.. ORDINA~,CE 12B) Notice i; hereby given that on ~Trli~;~'~ER 8f 1998f in the Boardroom, 3rd Floor, Administrati~n BUilding, Collier County Government center, 1301 East Tamia~i Trail, Naples, Florida, the Board of County Con~nissioner= will consider the enactment of a County Ordinance. The meetir~ will co, me, ce at 9:00 A.N. The title of the proposed Ordinance is as follows: AN ORDIIIAI~CE A~II~I~ ORDI~ NUMBER 91-102, THE COLLIBIt COUNTY PROP~ ~ '~' ~ -~- P~ ~IT D~~ ~ AS ~l~~, FOR P~P~( ~~ ~ ~E ~R~ ~~ OF 17. ~SEIP 50 ~, ~g 26 ~, ~LI~ C~,~ ~RI~, CO}ISISTI~ OF 37.6 A~ ~IDI~ FOR ~g REPEL OF ORDI~CE I~ER ~R-6. ~ ~ED, ~E FO~ WI~S~ ~; ~ BY PR~IDI~ ~i EFF~I~ DA~. Petition Us. PUD-87-33(2), Hr. Bruce J. Sicilians, AICP, of Aonoli, Barb~r & Brundage, Inc., representing Uri Eli-Ay. Elias Brother~. Inc.. roquesting a rezone from °PUD' to 'PUD" Planned Unit Development known as Windsor~. Copies of the proposed Ordinance are on £11e with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. No'rE: All persons wishing to speak on any agenda item must register ~ the County administrator ~rior to presentation of the agenda item to be addressed. Individual sp~k~rs 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 recoimized 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 o! 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 decide~ to appeal a decision of the Board will need a record of the proceedings pertaining thereto and theregore, may need to ensure that a verbatim record of the proceedings ia made, which record includes the testimony and evidence upon which the appeal is BOPPED OF COimTY CONNISSX~ COLLIER C(KII,'~, FLORIDA BARBARA B. BERRY, CHAXRP~N I~IGHT E. BROCli, CLEI~ By: /s/Elite ttoi£~m, D~puty Clerk 12B3 ORDINANC£ 9eo AN ORDINANCE AMENDING ORDINANCE NU~ER ~1-t02, THE COLLIER COU~{TY LAND DEVELOPMENT CODE, WHICH iNCLUDES THE C~PR~SI~ ZONING R~TIONS FOR THZ AR~ OF COLLIER COUNTY, ~RIDA, ~E~iDING THE O~FICI~ ZONIN~ AT~ NUMBERED 0617S BY C~GING T~E ZONING C~SIFICATI~ OF THE HEREIN OESCRIBED DE~~ ~ ~ WINDS~G, ~ATED ON THE NORTF~ CO~ER OF COUNTY B~ RO~, IN S~I~ ~7, T~SHIP 50 SO'H, ~GE 26 ~, COLLIER C~Y, F~RIDA, C~SISTI~ OF 37,6 ~;?: ?~OV~DING FOR THE REPel OF OROIN~CZ N~BER 88-6, ~ ~DED, THE WINDSOtlG PUD; ~D BY PR~IDING ~ EF~IVE DATE. WHEREAS, Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage, Inc., representing Uti Ell-Ay, Elias Brothers, Inc., petitioned the Board of County Co..-z~issloners to change the zoning classification of the herein described real property; NOW THEREFORE BE iT ORDAINED BY THE 80ARD OF COUNTY COMMISSIONERS OF COLLIER c .... .~U.iTY, FLORIDA; 2ECTI$:: The Zoning ClassiZl~atlon of the herein descrt~ real pretty located tn Section l?, To-nshipS0 $outh,~Range 2&lEast, Col:le~ County, florida, is changed from "PUD~toffFUD, el&nned.~niC Developme accordance with the FUO Document, attached hetetoas Exhibit 'R&, which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 0&I?$, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly.. SECTION T~O: Ordinance Number 88-6, adopted on January 12, 198~ Collier CJ~Jnty, as amended, known as the Windsong PUD, by the Board of County Commissioners of hereby repealed in its entirety. SECT IO:~ THREE: This Crdlrance shall become effective u~.~n filing with the Department c~ State. i :~ 12B PA$~£D ~tD ~ULY ADOPTED by the Board o~ County Co~t~s~one=s o~ Collie= :ounty, F~orlda, ~ht~ ,, day o~ , 1998, ATTEST: ~WIGHT E. BRO~K, ~;e~k BOARD O£COUNT~COHHISSIONERS COLLIER COUNTT, FLORIDA BY: BARBARA Bo BERRY, Chairman Approved as to Form and Legal Sufficiency H. -Sfudent. Assistant County Attorney 12B} WINDSONG PAR! I) RY A(i.N~N.I. BARBt R & BR! :NDACiE. ".1~ ?AMIAMI fRAil..NORTII NAPI,t N, II 4~RIDA I~1I PARI, I) I ()R ELIAN IIIIOfllf R_~. 1104, W, C'ROJ'N I~INII: ItI.¥D qAPLEk FLORIDA J4112 AND PR KICIIARI)/UINER :10 ~' ~IAKKI f NIR~.ET (~RWlGSBI!R(L PA 17q~l Dm A~ Filed Dm Ammdlmml It~ud Ex.mIT A 12B } I.ISl t~F I.:XIIIIIII.~ SI:('rlt)N I IABI.E OF CONTENTS PAGE i · ~ I,%I'ILMI!.~[ OF Ct)MPI.IANCE ................................................................... I-I 12B3 I. IST OF EXIIIBITS I~X1111111' A P.I;.D. Maslet Plan, ABR File NO. 6~q6 F. XIIII~I! B I q'll.mEs DEPARTMENT ME~IOIb~NDI ~M I)ATF:D AUGUST 21. Iql17 1283 .~I{('Hi)N I STAI'E.MENT OF COMPLI^N~I.: 4 lh~ su~ pmlx-ny i~s ~ithin th~ I 'than Residential Land I ~ [~i~ n ~r~ ~ I d I ~K I~1~. Ihc .,~cct pfOl~y'.q Ioc~ion in r~l.l.m lo c~i~in~ m' pn'q~'~,~.d commuml~ f,~"ilities and ~ ~ces penniu the dev~'s residemial den~ =q requi~ in O~iv~ 2 of the I u~tn~ I .md I'~ l he p~'tl d~'¢lopme~ i.q comp~ible and comple~n~. ~,, e~i~ing and f'ututc · un'oundiflg land uqe~ ~s rt'qmlx.,d in P. licy.. ~.4 of the Fultwc I.and I'~ I!lcment. Impr~-cme~ an~ plamsed ~o he m com~ma:e ~i~h applicable land forth in ob~'~ive :~ of Ibc Fulme I.md Use Elemem. Ihe pmjec~ d~'cbpmem ~ill remit in an eflkiem and economic~ ~lemen of commum~. lacdil~-~ and sen'~ces as required in Pol~ies ~.1.11 and L ol'de I.'ulu~ Land Use Ek.'mgnt. r~ulation~ required by. (}ts~tive I .< of the Drainage Sub-Element oftte Public Facilities 7 Ibc residential density of apptoximalely 3.86 d~-Ilin~ units pet acre (145 ~ingle family d~glling units on 37.6 acges) is in compl~ with the furore land use elenem via Policy 5. I as thiq PUl) r~mlls in a reductio~ in density from the previous PUD {Ordinance #q3-74) ~hlch pertained 1.14 single and multi-family dwelling units on 3.1.6 acres and 104 ACI. F ~1:('II()~ II STATEMILNT ()F INTt..'~I I'R( M'F R I Y ( )~ .X I- RNI lip AND I)I!.~'RIPII()~ : I I I~ pUrl~,'~ -I this seem is Io oulling the dgsctiple~ of the subjecl I:gopeny, including t~ ~ de~:nption, gamal description of ~he property area. physical descri~ pmj~:! d~cnr~i~e, o~ner~hip and II~ Statemem nf Inl~l. I I (i ~1 I}1%~ RII'II(}~ Ibc Mmlh~e~ ', ,I .~Imn 17. hnq, mhip J4). Ran~ 26 East. ('oilier and c~¢clx thc mad nght.~vf.q~ay fi~r (',un~.' Barn Road and lamm,xk Read I'R()PER I Y ()~,.~I:RSIIIP I et' .%mpl¢ ( I:h,, Ra:hatd F./¢hncr ()fl~Jll~ PA 17~MI ( iI'-'.~I~RAI, I)I:.~'RIPrI¢).~ ()F PROPI~R I Y ARFA I ,~.'atc~l m ca.,leto Napte~. Ihe ,~uhl~t ,,re ~,. ,mn'minded h~' urban de~c~t with multi- lamd.~ I~mL, mg and tl~ I.¢1.~ K~m lo th~ ,,uuth. a mobil~ home r~g~ to the a mull~-ILuml.~ n~sghl~whood (m the wc%t and Riviera (kdf E~'s to the noflh. I'R()JI?CI' I)IL~'RIPTION/STATI-:MF:N t OF I%~TT.'.%~ It ~,~ the spumm's lnlemion Io create a Baled sinl~le family residential, developnt, m. The de~cl~! *,hall be Iocnled around an exisiinI conservnlion ~ a rnanmlde lake and 3~ca~ ,)f natural ,CllCtation v, hich c'nhancc the dcvclopmem with nitro'al beamy and a r~g~~d r~rc~; wpool arc~ 2-1 12B3 Ibc revised l'l 'I) klaster Plan proposes to delete all n'mhi-lhmily and ACI.F units to create an attractive, secure single Ihmily neighborhood oricnlcd around an enlarged, restored c~ntral conservation area and lake. and a native pine llatwoods conservation area abutting County Barn Road. A community recreation area and pool xdthin txvo to three minutes walking distance of all homes is also proposed. Ibc existing l't;I) currently permits i 34 single lhmily and multi-family units at a density of 4 dwelling units,'ac, an ACI,F of 104 units on tbur acres and a conservation area of 1.2 acres. Thc revised I'1 ri) Master Plan proposes a reduction in density and intensity and a substantial increase in Native Conservation Area and open space. All multi-family ~d ACLF units are also deleted. Thc new development program proposes 145 units at a gross density of 3.86 · units/acres. Native conservation area has been increased I?om 1.2 acres to approximately 5.91 acres, an increase of 5q4"/,. l'he new I'I :i) represents a substantial improvement in design quality by creating a u. cll- conceived secure single lhmilv neighborhood. In contrast, the existing master plan consists ,~1' three unrelated uses without an,.' sense of neighborhood focus or environmental qcnsitix iix-. ..\ccc:;s to \\'indsong will be '.'ia an entrance along Rattlesnake l lammock Road at an existing median opening. Rattlesnake Hammock Road ,.,.'as recently widened to a lbur-lane, divided lhcilitv. :\ temporary construction access along Count>' dam Road is also proposed. 2.~, SI I()RT 'I'!'I'I.1{ I'his ()rdinance shall be known and cited as the WINDSONG P.t;.D. Ordinance. 2.7 I'l IYSIC..\I. I)tiSCR. IPTION 'Ibc subject property is located in Eastern Naples in Collier County and consists of 376_* acres of land· Thc site possesses frontage on both Rattlesnake }lan~mock Road and County l',am Road. both of which are Count.,,' maintained arterial and collector roads. Access to thc ,;itc is proposed at existing median openings on both roadways. A wetland exists near the center of the site and is vegetated with pine/cypress with invasion of melaleuca. Because the site is surrounded by urban development, the natural drainage patterns have been signilicantly ahcred. 12B3 .' SECTION I!I ¢;ENF. RAL DEVEI, OPMENT REGULATIONS 3.1 l'he purpose of this section is to delineate and generally describe the project plan of development, the respective land uses included in the project, and the development criteria. 3.2 GENF, RAI, Regulations lbr development shall be in accordance with the contents of this document. t'UD-Planned Unit Development District and other applicable sections and parts of the "Collier County Land Development Code and Growth Management Plan". Residential areas designated on the Master Plan are to accommodate single fiu'nily housing, essential sen'ices and customap,' accesson' uses. *lC)DF.I, t;NITS ..\ND SAI.ES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 ofthe Collier County l.and Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of the Subdivision Plats. subject to the other requirements of Section 2.6.33.3 of the Land Development Code. -,.., PERMITTEI) IJSES AND STRUC'I URES No building or structure, or part thereo£ shall be erected, altered, or used. or land or water used in whole or in part. for other than the following: I. I'I:.RMITTED PRINCIPAL IJSES AND STRUCTURES: !) 2) 3) Single family dwellings, zero lot line. cluster, villa and patio homes; Water management retention and lake areas; Conserx'a:ion area. 3.6 3.7 PI'.'RMITTI~I) ACCESSORY I:'SES AND STRUCI'URES: !) 2) 3) 6) Customar>.' accessory uses and structures: Signs: Essential sen'ices, including interim utility plants: Recreational thcilities: Gatehouse: Swimming pools with screen enclosures. PI'~RMITI'I:.I) MAXIMUM NUMBER OF DWEI.LING UNITS hundred and lbrty-live (145) residential dwelling units. XlINI?.It 'M :';'I'..\NI)..',.RI)S Minimum standards tbr parking, landscaping, lighting, and signage, and other standards not specified herein, shall be in conformance with applicable Count>' standards in effect at the time building permits are sought. PR()Ji'~C'F DFNSITY The total acreage of Windsong is approximately 37.6 acres. The maximum number of dwelling units to be built on the total acreage is 145. The number of dwelling units per gross acre on thc residential tracts is approximately 3.86. I.AKES AND RETENTION :\ proposed lake and stormxvater retention area has been sited in proximity to the existing and proposed roadways to permit optimum use of the land, increase the efficiency of the water management system, and enhance the project's overall aesthetic character, Exhibit "A" - PI,:I) Master Plan shows the proposed location of the lake and retention area. Accordingly, the setback requirements described in the Collier County Excavation Regulations may be reduced with the approval &the Development Services Director. Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated ma,,' be removed from the development. 12B5 WINDSONG DEVELOPMENT STANDARDS PI'iRMITTEI) USES STANDARDS SIN(iT.Ii FAMII.Y DETACItED ZERO LOT LINE SINGI.F. F:\MILY ATTACI lED VILLA & CI.USTER HOMES MINIMUM SH'E AREA 7500 SF 5500 SF .";11'I{ WIDTll N II N..,\ \.'G.{ except cul-de-sacs i 70' · "; I'l'l'~ I)I:.I)Tt I MIN..'\V(i. 110' I10' SII)i( Y:\RI) 0 OR 5' I"R()NT Y.,\RI) 20 20' I,,'\KE BANK I0' Iff !,', F...\ R YARD SIYFBACK ** 30OO SF MAX. Fll !II,DING I tEl(il {'I'. IFF.) 35' I)IST. BETWEEN PR1NCll).'\I. S]'R. FI.Of)l?, AREA MINIMUM (SF) 0 OR 5' 20' I0° 15' 15' 15' 35' 35' 35' 10' 0 OR I0' I000-' 1000-' I gtoD' ! StoD' 1200- 1200- ~ Story ~ Story. ' .'qee,'iecn,m 3. ' ' ' Rcar sctback ts lB'/or accexsor3., use.~ tlnd$lrttctltres 0 OR 10' 750' 3-3 3.,~ LANI)SCApi~ 1~[ ~FI"F.I~ A landscape buffer shall be established around the perimeter of the property in accordance with the standards o1' .Section 2.4.7. Alternative B. of the Land Development Code. The landscape buffer that is shown on the PUD Master Plan is 20' wide. · ', ( -~. ~ POLLING PLACES Polling places shall be a permitted use tbr the Supervisor of Elections in conformance with Section 2.6.30 ol' the l.and Development Code. 3.10 SITE I)E\"EI.f)PNIF. NT PI. AN APPROVAl. Site development plan approval shall be as set tbnh in Division 3.3. Site Development Plans. of the Land Development Code. doc 3-4 4.1 4.2 ~ECTI()N IX" ( iI.iNI'~P,..\i, i)liVI'~I.()P.MI!NT ('(),M.MI'I'MI!NTS Pt Thc purpose of this section is to set lbrth the standards for development of the project. TRAN,'KP()I¥1'ATI()N IMIH~.OVEMI-~N'I'S Project entrance locations, as well as turn lanes and median opeOjngs at the project entrances, shall be required as provided for in Ordinance tt9~64. Right-of-v;ay Construction .";tandards Itandlxmk. and Resolution #9,.-44~. Access Control Policy. These improvements will be shown on the Prcliminars.' Su ~tivision Plat and (.'onstruction l)raxvings and will be constructed at the time buildin ~ermits are issued. .-\ sidcx~alk/bikc path shall be located along one fl) side of tht system. These improvements \viii be shown on the Preliminary. ('onstmction I)raxvings and will be constructed at Iht time buildir internal road ~division Plat and Ipermits are issued. Access to the residential tract on Rattlesnake i tammock Road shall be designed u,'ith an internal "T" intersection with sufficient throat distances so as not to impede traffic. Thc Count',' reserves the right to control both the location of the access and the design of such access. All costs associated with providing the necessary design, construction and permitting will be at thc sole expense of the o',vner/dc','elopcr. Thc owncr/dc','eloper shall be responsible for payment of all costs associated with thc design, construction and permitting of turn lanes and tapers to se~'e this development. Ibc developer shall provide arterial level street lighting at all project accesses prior to issuance of the lirst Certificate of Occupancy. h. In accordance with Ordinance #92-22. ms amended, requiring development to contribute its proportionate share of funds to accommodate the impact of proposed development and area roads. WINDSONG or its successors or assigns, agrees to pay road impact fi2es in accordance with said Ordinance. All of the above improvements are considered "site related" as defined in Ordinance #92-22. as amended, and shall not be applied as credits lbr an,,' if'pact fees required by that Ordinance. "n-U3gk8 doc 4- l 12B> .All traffic control devices used. excluding street name signs, shall comply with the Manual on Unilbrm Traffic Control Devices (Chapter 316.0747. Florida Statutes). 4.3 SOl, II) \\"AS;TI.~ I)ISPOSAI, .-\rrangcmcnts and agrccrncnts shall be with thc approved solid xxaste disposal sen'ice to provide For solid waste collection service to ali areas of the project. )? 4.4 [UI) MASTER I)EVEI,OPMF. N'F PI.AN The PI :!) glastcr Plan (F. xhibit A ). is an illustrative prcliminaD' development plan. Thc design criteria and layout illustrated on the Master Plan shall be understood as flexible so that the final design may satisfy the project and comply with all applicable requirements. All necessary easements, dedications, or other instruments shall be granted to insure thc continued operation and maintenance of all scp,'icc utilities. Minor design changes shall be permitted subject to County staff administrative approval, in the case of clustered housing with a common architectural theme, required property development regulations and setbacks may be waived or reduced provided a .site development plan is approved by Collier County under Division 3.3 of the 1.and Developnmnt Code. .,\rcas illustrated as "lakes" shall be constructed as lakes, or upon approval, parts thereof may be green areas in wl',ich as much natural foliage as practicable shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. Thc roads within WINDSONG arc planned to be private roads. They will be designed to two-lane local street standards, with the option of reducing the right-of-way width to fifty feet with the approval of the Development Services Director prior to the preparation of construction plans. All required improvements may be installed in the proposed right-of-way. 4.5 4.6 Telephone. power and TV cable service shall be made available All .such utility lines shall be installed underground. Thc stipulations contained in thc Utilities Depamnent memorand 1987. are herein incorporated by reference (Fxhibit "W"}. \\'ATI(R: I:\NAGI:MI:N I I residential units. dated August 21. Detailed site drainage plans shall be submitted to the Development Services Director l'or rcviex~'. N,, construction permits shall be issued l,nless and until approval of the proposed ctmsm~ctitm ill accordance xHth thc stibmitted plans is granted by the I)evclopmcm Services l)irector. In accordance with tile Rules of Ihe 5oulh l:h:rida Water Management District (.'qF\\"MD). Chapters 40E-4 and 40E-40. this project shall be designed lbr a storm event of 3-day duration and 25-year return frequency. The usc of off:site discharge I'rom the project during the design stoml event must be approved by SFMWD prior to thc issuance of any construction permits Ibr this project. ()fl:site discharge, if so permitted, shall be limited to 0.06 els/acre. ..\n l'.'xcavation permit will be required for thc proposed lake in accordance with tile ('oilier County Excavation Regulations. .1.7 F. NVIRONMI..'NTAI. ADVISORY BOARD ST1PUI.ATIONS ;.1. Petitioner shall be subject to Division 3.9 of'the l.and l)cvelopmcnt Ctxte requiring the acquisition of a vegetation removal permit prior to any hind clearing. A site clearing phm shall bc submitted to thc Phmning Services l)epartment tbr their review and subject to approval prior to any work on the site. ]'his plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict hou. tile final site layout incorporates retained native vegetation as shown on thc revised PI!I) Master Plan. All exotic plants, as defined in thc l.and l)cvelopment (:ode. shall be removed during each phase of construction l¥om development areas, open space areas, and presen'e areas. Following site development plan approval, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan. which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Planning Services Department. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site. a~ithct, or other indicator is discovered, all developmcm at the localion shall be immediately stopped and the Planning Se~ices Department notiticd, l)evclopment will be suspended lbr a sufficient length of time to enable I%nnin~ Sc~ ~ccs I)cpamncnt or a designated consultant to assess fl~e find and detemfine thc proper course of action in regard to its salvageability. Thc Planning Services I)cpamncnt xxill respond in a timely m~d efficient manner so as to provide only a minimal interruption to am constructional activities. Water nmnagcment designs shall have a goal to restore historic water levels within the wetland preserve area. t(nvironmcntal pcmmting shall be in accordance with thc state of Florida Environmental Resource Permit Rules and be subject to review and approval by Cu~ent Planning 15~vironmcntal %tal'l~ Removal of exotic vegetation shall not be counted toxvards mitigation lbr impacts to Collier County jurisdictional ~ctlands. ..\11 conservation areas shall be recorded on the plat v. ith protective covenants per or similar to section 7(}4.06 of the Florida statues. Conservation areas shall be dedicated on thc plat to the project's homeov, ncrs association or like entity tbr ownership and maintenance responsibilities and to Collier Count,,' with no responsibility for maintenance. ' 4.8 Buffers shall be provided around wetlands, extending at least liflecn (15) feet landward l'rom thc cdgc of xx ctland prese~'es in all places and averaging twenty-five (25) feet l?om the landward edge of wetlands. Where natural buffers are not possible, structural buffi.-rs 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: EAST N,,Xi'I.F.S I:iRI.~ DISTRI(,T STIPUI.ATIONS l'his department will require that ali fire hydrants be sen'ed by a minimum 8" looping water main x~ ith hydrants spaced no further than 500 fi. apart. .,\11 structures shall be so arranged that tire apparatus will have sufficient access to them. Z ~ Z Z ....J 12B5 ".'i'!E M 0 R A N D U M DATE: August 21, 1987 P~N~,. TO: Ann NcKim, Planning & Zoning Directo$ ~RCM: John F. Madajewski, Utilities Engineering Director~~ RE: Petition R-87-33C, Windsong We have reviewed the above referenced Petition and have no objection to the rezone as requested. However, we require the following stipulations as a condition to our recommendation for approval: A) Water & Sewer . : i) Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and. regulatiqns in effect at the time of conveyance. Ail water and sewer facilities, constructed on private property and not required by the county to be located within utility easements shall be owned, operated and maintained by the " Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities .. will be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of - occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities County Ordinances and Regulations[in effect at Division, pursuant tos requested. . . ~ the time conveyance i 2) Ail construction plans and technical specifications[and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3) All. customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in tccordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. £'XHIBIT "B", page 1 of 5 TO: Ann McKim, Planning '& Zoning Director Page 2 August 21, 1987 4) it is anticipated that the County Utilities Division will ultimately supply potable water to meet the consUmptive demand and/or receive and treat the sewage generated by this project. Should the County system not ke in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5) An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: a) The proposed water supply and o~-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they sha. ll be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's o'ff-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(ies) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. Ail work related with this activity shall be performed at no cost to the County. c) Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pUmping facilities, interconnection with Coun'%y off-site facilities, water and/or sewer lines necessary, to make the connection(s), etc. Page 2 of 5 To: Ann McKim, Planning."& Zoning Director Page 3 August 21, 1987 d) At the time County off-site water and/or ~wer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate. County Ordinances and Regulations in effect at the time: !) Ail water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, 2) All water and sewer facilities required to connect the project to the County's off-site water and/or sewer facil- ities when the on-site water and/or sewer facilities are constructed on private property .and not required by the County to be located within utility easements, including but not limited to the following: - a) Main sewage lift station and force main inter- connecting with the County sewer facilities ingluding all utility easements necessary; b) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. e) The customers served'on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection - of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) Ail construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construc%ion. Page 3 of 5 To: Ann McKim, P!anning~& Zoning Director Page4 (~~' August 21, 1987 '. g) The Developer, his assigns or successors ~gree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and'Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. B) Data required under County Ordinance No. 80-112 sh6wing the avail- ability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C) If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control - District servicing the project area. D) Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. E} Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. Page 4 of 5 To: Ann McKim, Page 5 August 21, 1987 Planning'& Zoning Director 1 F) The on-site water distribution system to serve the project shall be connected to the District's 12 inch water main on County Barn Road, extended throughout the project and looped to the District's 8 inch water main on Rattlesnake Hammock Road. During the design of these facilities, the following features shall be incorporated into the distribution system: a) internal pipeline network. G) The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this ' project, improved as required outside the project bounda~y~o provide adequate capacity to transport, the additional wastewater generated without adverse, impact'to the existing transmission facilities and extended within the project limits as required. If the District's Regional Sewage Transmission facilities are available for service within the rights-of-way of Rattlesnake Hammock Road, at the t~J~e design commences on the project, connection shall be mad6 directly to those facilities after completion of the necessary hydr~uiic analyses. H) Section 5.5 - Utilities of the rezoning petition document shall be revised to include the above stipulations and specify the Petitioner's Dead end mains shall be eliminated whenever possible by looping the acceptance of them. A draft Ordinance for the rezoning approval, which contains the above stipulations, must be submitted to the Utilities Division for review and approval.prior to the Petition being considered by the Board of County Commissioners. - Wilson, Miller, Barton, Soll& Peek, Inc. Page 5 of 5 ORDINANCE 98-;3 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0617S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WINDSONG, FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF RATTLESNAKE HAMMOCK ROAD (CR-864) AND COUNTY BARN ROAD, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.6 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-6, AS AMENDED, THE FORMER WINDSONG PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage, Inc., representing Uri Eli-Ay, Elias Brothers, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 17, Township 50 South, Range 26 East, Collier~County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 0617S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 88-6, as amended, known as the Windsong PUD, adopted on January 12, 1988 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: ~ This Ordinance shall become effective upon filing with theii!i~~ Department of State. ' 12B PASSED AND DULY ADOPTED by the Board of County Commissioners of County, Florida, this )F~:X, day of~, 1998. Collier ATTEST: DWIGHT Attest ~s~to slgnatur~ ,. . Approv~l~'~o.~or~ and Legal Marjdu~ie M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA :. f/PUD'8?- 33 -2- WINDSONG PLANNED UNIT DEVELOPMENT AMENDMENT 37.6 Acres Located in Section 17, Township 50 South. Range 26 East, Collier County, Florida PREPARED BY: AGNOLI, BARBER & BRUNDAGE, INC. 7400 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34108 ABB PROJECT NO. 7653/'X003 July, 1998 PREPARED FOR: ELIAS BROTHERS, INC. 1805 W. CROWN POINTE BLVD. NAPLES, FLORIDA 34112 AND DR. RICHARD ZEHNER 310 W. MARKET STREET ORWIGSBURG, PA 17961 Date Amendment Filed Date Amendment Revised Date Amendment Reviewed by CCPC Date Amendment Approved by BCC Amendment And Repeal Ordinance Number 9/8/98 88-6 EXHIBIT A LIST OF EXHIBITS SECTION I TABLE OF CONTENTS PAGE i STATEMENT OF COMPLIANCE ................................................................... 1-1 SECTION 1I STATEMENT OF INTENT PROPERTY OWN'ERSIIIP & DESCRIPTION ................................................ 2-1 SECTION III GENEPo\L DEVELOPMENT REGULATIONS ............................................. 3-1 SECTION IV GENERAL DEVELOPMENT COMMITMENTS ........................................... 4-1 LIST OF EXHIBITS EXHIBIT A EXHIBI'F B P.U.D. Master Plan, ABB File NO. 6596 UTILITIES DEPARTMENT MEMORANDUM DATED AUGUST 21, 1987 SECTION ! STATEMENT OF COMPLIANCE The development of approximately 37.6 acres of property at the northwest comer of County Barn Road and Rattlesnake ttammock Road (C.R. 864} in Collier Count3.,. as a Planned Unit Development to be known as Windsong and permitting 145 residential single family dwelling units, including zero lot lines units as defined by DIV. 6.3 of the Collier County Land Development Code on, 37.6 acres will bc in compliance with the goals, objectives and policies of Collier County Growth Management Plan Ibr the tbllowing reasons. Residential Project The subject properq.' 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 l.and Use Element. The subject property's location in relation to existing or proposed comm'uniD' facilities and sen'ices permits the development's residential density as required in Objective 2 of the Future l.and Use Element. Thc 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. Improvements are planned to be in compliance with applicable land development regulations as set forth in objective 3 of the Future Land Use Element. The project development ',,,'ill result in an efficient and economical extension ofcommunitv facilities and services as required in Policies 3.1.H and L ofthe Future Land Use Elemen[ The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The residential density of approximately 3.86 dwelling units per acre (145 single family dwelling units on 37.6 acres) is in compliance '`dth the future land use element via Policv 5. I as this PUD results in a reduction in density from the previous PUD (Ordinance #9.{-74) which permitted 134 single and multi-family dwelling units on 33.6 acres and 104 ACLF units on 4 acres. 06-038k8 doc 1 -1 SECTION II STATEMENT OF INTENT PROPERTY OXVNERSHIP AND DESCRIPTION 2.1 PURPOSE The purpose of this section is to outline the description ofthe subject property, including the legal description, general description of the property area. physical description, project description, ownership and the Statement of Intent. 2.2 LEGAI. DESCRIPTION The southwest 'A of the southwest ¼ of Section 17, Township 50, Range 26 East, Collier County. Florida. less and except the road right-of-way for County Barn Road and Rattlesnake Hammock Road. 2.3 PROPERTY OWNERSHIP Fee Simple O~vner: Dr. Richard F. Zehner 310 West Market Street Orwigsburg, PA 17961 2.4 GENERAL DESCRIPTION OF PROPERTY AREA Located in eastern Naples, the subject site is surrounded by urban development with multi- family housing and the Lely Resort to the south, a mobile home neighborhood to the east, a multi-family neighborhood on the west and Riviera Golf Estates to the north. 2.5 PROJECT DESCRIPTION/STATEMENT OF INTENT It is the sponsor's intention to create a gated single family residential, development. The development shall be Iocr,'.:d around a manmade lake and areas of natural vegetation which enhance the development with natural beauty and a neighborhood recreation/pool area. 06-93gkg.doc 2-I 12B3 Thc revised PUD Master Plan proposes to delete all multi-family and ACLF units to create an attractive, secure single family neighborhood oriented around an enlarged central lake. and a native pine flatwoods conservation area abutting County Barn Road. A community recreation area and pool within two to three minutes walking distance of all homes is also proposed. The existing PUl) currently permits 134 single family and multi-farnily units at a density, of 4 dwelling units/ac, an ACLF of 104 units on tbur acres and a conservation area of 1.2 acres. The revised PUD Master Plan proposes a reduction in density and intensity and a substantial increase in Native Conservation Area and open space. All multi-family and ACLF units are also deleted. The new development program proposes 145 units at a gross density of 3.86 : unit.qacrcs. Native conservation area has been increased from 1.2 acres to approximately 6. i acres, an increase of 500%. The new I'UD represents a substantial improvement in design quality by creating a well- conceived secure single family neighborhood, in contrast, the existing master plan consists of three unrelated uses without any sense of neighborhood lbcus or environmental sensitMtv. Access to Windsong will be via an entrance along Rattlesnake Hamrr median opcning. Rattlesnake Hammock Road was recently widened to thcility, tx. temporary construction access along County Barn Road is existing divided proposed. 2.6 :';t tORT TITLE This Ordinance shall be known and cited as the WINDSONG P.U.D. finance. 2.7 I'ItYSICAL DESCRIPTION The subject property is located in Eastern Naples in Collier County acres of land. The site possesses frontage on both Rattlesnake Hammo~ Barn Road. both of which are County maintained arterial and collector r~ site is proposed at existing median openings on both roadways. A ,,vet center of the site and is vegetated with pine/cypress with invasion of meh site is surrounded by' urban development, the natural drainage significantly altered. of 376± and County Access to the exists near the Because the have been 12[ 3 ' ,' 3.1 PURPOSE SECTION III GENERAL DEVELOPMENT REGULATIONS The pttrpose of this section is to delineate and generally describe the project plan of development, the respective land uses included in the project, and the development criteria. 3.2 GENERAL Regulations for development shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the "Collier County Land Development Code and Growth Management Plan". Residential areas designated on the Master Plan are to accommodate single family housing including zero lot line units as defined by DIV. 6.3 of the Collier County Land Development Code, essential services and customary accessory uses. MODEL UNITS AND SALES FACILITIES In conjt,nction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Bo Temporary sales trailers and construction trailers can be placed on the site alter Site Development Plan approval and prior to the recording of the Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 3.3 PERMITTEI) USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used in whole or in part, for other than the following: 1. PERMITTED PRINCIPAL USES AND STRUCTURES: 1) 2) 3) Single famil:,' dwellings, including zero lot line, units pursuant to DIV 6.3 of the CCLDC detached single family homes; Water management retention and lake areas; Conservation area. 06-gm, s ,to~ 3-1 3,4 3.5 316 3.7 PliRMITI'ED ACCESSORY USES AND STRUCTURES: 1) 2) 3) 4) 5) Customary accessor)' uses and structures; Signs: Essential sera'ices, including interim utility plants; Recreational facilities; Gatehouse; Swimming pools with screen enclosures. PERMITTF, D MAXIMUM NUMBER OF DWELLING UNITS ()ne hundred and tbny-five (145) residential dwelling units. MINIMUM STANDARDS Minimum standards for parking, landscaping, lighting, and signage, and other standards not specified herein, shall be in conformance with applicable County standards in effect at the time building permits are sought. PROJECT DENSITY The total acreage of Windsong is approximately 37.6 acres. The maximum number of dwelling units to be bull: on the total acreage is 145. The number of dwelling units per gross acre on the residential tracts is approximately 3.86. LAKES AND RETENTION A proposed lake and stormwater retention area has been sited in proximity to the existing and proposed roadways to permit optimum use of the land, increase the efficiency of the water management system, and enhance the project's overall aesthetic character. Exhibit "A' - PUD Master Plan shows the proposed location of the lake and retention area. Accordingly, the setback requirements described in the Collier County Excavation Regulations may be reduced with the approval of the Development Services Director. Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. 0~-938kg d,.~ 3-2 WINDSONG DEVELOI'MENT STANDARDS PFRMITTED USES STANDARDS SINGLE FAMILY ZERO DETACHED LOT LINE*** MINIMUM SITE 7500 .';850 :\REA SF SF SITE WIDT}I MIN. AVG.{except cul-de-sacs} 70' 35' SITE DEPT[t MIN. AVG. I10' 110' SIDE YARI) 5' 0OR5' FRONT YARD 20 20' LAKE BANK I O' ! O' SETBACK* RF. AR Y:XRD 15' 15' SETBACK ** MAX. ItUII.DING 35' 35' tlEIGIlT. (FT.) DIST. I}I~'I'WIEF. N I'RINCIP,'XL STR. 10' 0 OR 10' FLOOR AREA 1000-' 1000-' MINIMI.IM {SF~ I Story I Story 1200- 1200- 2 Story. 2 Story * ?;ce Sectton 3. 7 * ° Rear .~'¢'th~wk tx 10 ' ~r ~wce.~s~}r3. ttses at~d xtriwtttres. * ' ' .Is delined by I)ll' 6 J of the ( 'olher { 5mn~' I and lk't~lop~nt {'tde o~-o3~ka a,~ 3-3 1283 3.8 LANDSCAPE BUFFER A landscape buffer shall be established around the perimeter of the property in accordance with file standards of Section 2.4.7, Alternative B, of the Land Development Code. The landscape buffer that is shown on the PUD Master Plan is 20' wide. 3.9 POLLING PLACES Polling places shall be a permitted use for the Supervisor of Elections in conformance with Section 2.6.30 of the Land Development Code. 3.10 SITE DEVELOPMENT PLAN APPROVAl. Site development plan approval shall be as set forth in Division 3.3, Site Development Plans, of the Land Development Code. 06-938kS.doc 3-4 SECTION IV 4.1 PURPOSE GENERAl. DEVEI.OPMENT COMMITMENTS 4.2 The purpose of this section is to set forth the standards for development of the project. TRANSPORTATI(')N IMPROVEMENTS Project entrance locations, as well as turn lanes and median openings at the project entrances, shall be required as provided for in Ordinance #93-64, Right-of-way Construction Standards Handbook. and Resolution #92-442, Access Control Policy. These improvements will be shown on the Preliminary, Subdivision Plat and Construction Drawings and will be constructed at the time building permits are issued. A sidewal 'l~bike path shall be located along one (l) side of the main internal road system. These improvements will be shown on the Preliminary Subdivision Plat and Construction Drawings and will be constructed at the time building permits are issued. Access to the residential tract on Rattlesnake Hammock Road shall be designed with an internal "T" intersection with sufficient throat distances so as not to impede traffic. The County reserves the fight to control both the location of the access and the design of such access. All costs associated with prox'iding the necessary design, construction and permitting will be at the sole expense of the owner/developer. All roadways throughout the project are private. The owner/developer shall be responsible for payment of all costs associated with the design, construction and permitting of turn lanes and tapers to serve this development. The developer shall provide arterial level street lighting at all project accesses prior to issuance of the first Certificate of Occupancy. In accordance with Ordinance #92-22, as amended, requiting development to contribute its proportionate share of funds to accommodate the impact of proposed development and area roads. WINDSONG or its successors or assigns, agrees to pay road impact tees in accordance with said Ordinance. All of the above improvements are considered "site related" as defined in Ordinance #92.22, as amended, and shall not be applied as credits tbr any imp,:,:t tees required by that Ordinance. 06.o3gl(s cloc 4- I 12B3 ' All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). 4.3 SOLID WASTE DISPOSAl. Arrangements and agreements shall be with the approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 4.4 PUD MASTER DEVEI.OPMENT PLAN ]'he PUD Master Plan (Exhibit A ). is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood as flexible so that the final design may satisfy the project and comply with all applicable requirements. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. IMinor design changes shall be permitted subject to County staff administrative approval. In the case of clustered housing with a common architectural theme, required property development regulations and setbacks may be waived or reduced provided a site development plan is approved by Collier County under Division 3.3 of the Land Development Code. Areas illustrated as "lakes" shall be consu'ucted as lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practicable shall be preserved. Such areas, lakes and/or natural green areas, shall be ofgeneral area and configuration as shown on the Master Plan. The roads within WINDSONG are planned to be private roads. They will be designed to two-lane local street standards, with the option of reducing the right-of-way width to fifty feet with the approval of the Development Services Director prior to the preparation of construction plans. All required improvements may be installed in the proposed right-of-way. 06-938k8.doc 4-2 1283 4.5 UTILITIES 4.6 Telephone. power and TV cable service shall be made available to all residential units. All such utility lines shall be installed underground. The stipulations contained in the Utilities Department memorandum dated August 21, 1987, are herein incorporated by reference (Exhibit "B"). WATER MANAGEMEN'F ao Detailed site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Development Sen, ices Director. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The use of off-site discharge from the project during the design storm event must be approved by SFMWD prior to the issuance of any construction permits for this project. Off-site discharge, if so pein'fitted, shall be limited to 0.06 els/acre. An Excavation permit will be required for the proposed lake in accordance with the Collier County Excavation Regulations. 4.7 ENVIRON1MENTAL ADVISORY BOARD STIPULATIONS Petitioner shall be subject to Division 3.9 of the Land Development Code requiring the acquisition ora vegetation removal permit prior to any land cleating. A site cleating plan shall be submitted to the Planning Services Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with thc development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation as shown on the revised PUD blaster Plan. All exotic plants, as defined in the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development plan approval, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Planning Services Department. 06-O38kRdoc 4-3 It' during the course of site clearing, excavation, or other constructional activities, an m'cbaeological or historical site. arti£act, or other indicator is discovered, all development lit the location shall be immediately stopped and the Planning Services Department notified. Development will be suspended for a sufficient length o£time to enable the Planning Services Department or a designated consultant to assess the find and detcrminc the proper course of action in regard to its salvageability. The Planning Services Department will respond in a timely and efficient manner so ms to provide only a minimal interruption to ;.In>' constructiomfi activities. do 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 shown on thc PI ID Master Plan shall be recorded on thc plat '.'.ith protective covenants per or similar to section 704.06 of the Florida statues. Conservation areas shall be dedicated on thc plat to thc project's homeowners association or like entity tbr ownership lind maintenance responsibilities and to Collier Count.,,' with no responsibility for maintenance. The PUl) Master Plan has been updated based on the findings ofthe U. S. Arm)' Corps of Engineers (Corps) :md the South Florida Water Management District regarding jurisdictional wetands. Due to the poor quality of the proposed wetland preserve, both the CORPS and the South Florida Water Management District recommend mitigation by obtaining land off-site. The PUD Master Plan provides for the preservation of 6. I acres of native vegetation in the form of pine flatwoods, which represents 16% of total PUD acreage. At the time of PSP submittal, the petitioner shall show areas not less than 16% of retained native vegetation. Retained areas of native vegetation shall be preserved in their entirety with al! trees, understory and ground cover left intact and undisturbed. except for prohibited exotic species removal. These areas shall be recorded on the final plat with protective covenants [:er or similar to section 704.06 of the Florida statutes and shall be dedicated on the plat to thc project's homeowners association or like entity for ownership ,,nd maintenance responsibilities and to Collier County with no responsi¢ility ~br maintenance. 4.8 ['b\S'F NAPI.ES i"IRF I)ISTRIC'F STIPUI.ATIONS This department ,.,,'ill require that all fire hydrants be served by a minimum 8" looping water main with hydrants spaced no further than 500 ft. apart. All structures shall t.,: so arranged that fire apparatus will have sufficient access to them. DATE: TO: FROM: RE: t283 '.'MEMORANDUM August 21, 1987 P!ANN,. Ann McKim, Planning & Zoning Directo~ John F. Madajewski, Utilities Engineering Director~~ Petition R-87-33C, Windsong We have reviewed the above referenced Petition and have no objection to the rezone as requested. However, we require the following stipulations as a condition to our recommendation for approval: A) Water & Sewer. : 1) Water distribution and sewage collection and transmissi~n systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and.regulatiOns in effect at the time of conveyance. All water and sewer facilities" constructed on private property and not required by the county to be located within utility easements shall be owned, operated and maintained by the " Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facil-ities will be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. 2) All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3) All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the pr6ject until the County's off-site water and/or sewer facilities are available to serve the project. EXHIBIT "B", Page I of 5 $o TO: Ann McKim, Pl~n~g '& Zoning Director Page 2 .. August 21, 1987 4) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5) An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: a) The proposed water supply and oh-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's o'ff-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(its) may not be expanded to provide water and/or sewer service outside the development boundary , approved by the County without the written consent of the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or - sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County· c) Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage P~ping facilities or construction of new master sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary, to make the connection(s), etc. Page 2 of 5 12B3 To: Ann McKim, Pl%nning"& Zoning Director Page 3 ~' ' August 21, 1987 d) At the time County off-site water and/or ~wer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 1) Ail water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, 2) All water and sewer facilities required to connect the project to the County's off-site water and/or sewer facil- ities when the on-site water and/or sewer facilities are constructed on private property.and not required by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main inter- connecting with the County sewer facilities ingluding all utility easements necessary; b) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. e) The customers servedon an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection - of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) Ail construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. page 3 of 5 To: Ann McKim, Planning"& Zoning Director August 21, 1987 g) The Beveloper, his ass±gns or successors ~gree to pay all system development charges at the t±me that Building Perm±ts are required, pursuant to appropriate County Ordinances and'Regulations in ef£ect at the time of ?ermit request. This requ£rement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. B) Data required under County Ordinance No. 80-112 sh~wing the avail- ability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C) If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control ~ District servicing the project area. D) Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. E) Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design ass%umptions, demand rates and other factors pertinent to the system un~-er consideration. Page 4 of 5 To: Ann McKim, Planning'& Zoning Director Page 5 August 21, 1987 F) The on-site water distribution system to serve the project shall be connected to the District's 12 inch water main on County Barn Road, extended throughout the project and looped to the District's 8 inch water main on Rattlesnake Hammock Road. During the design of these facilities, the following features shall be incorporated into the distribution system: a) Dead end mains shall be eliminated whenever possible by looping the internal pipeline network. G) The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project, improved as required outside the project boundary .to provide adequate capacity to transport, the additional wastewater generated without adverse impact'to the existing transmission facilities and extended within the project limits as required. If the District's Regional Sewage Transmission facilities are available for service within the rights-of-way of Rattlesnake Hammock Road, at the time design commences on the project, connection shall be made'.directly to those fa¢ilitie~ after completion of the necessary hydr~ulic analy~es. H) Section 5.5 - Utilities of the rezoning petition document shall be revised to include the above stipulations and specify the Petitioner's acceptance of them. A draft Ordinance for the rezoning approval, which contains the above stipulations, must be submitted to the Utilities Division for review and approval.prior to the Petition being considered by the Board of County Commissioners. JFM/sh ~~ . cc: Al~h D. Reynolds - Wilson, Miller, Barton, Soll& Peek, Inc. Page 5 of 5 12B3 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. 98-73 Which was adopted by the Board of County Commissioners on the 8th day of September, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of September, 1998. Clerk of Courts and~le~'.~ Ex-officio tO Boar~f County Commission~"~ Deputy Clerk U~.~ .' 12C1 NapLes Oa~Ly Ne~s NapLes, FL 33940 Affidavit of PubLication NapLes DaiLy Ne~s BOARO OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB PO BOX &1~016 NAPLES FL 34101-3016 REFERENCE: 001230 #803277 577'~696 NOTZCE OF PUBLZC NEA State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Laab, who o~ oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Nevs, a daiLy newspaper published at NapLes, in CoLLier County/ FLorida: that the attached copy of advertising was published in said nevspaper o~ dates Listed. Affiant further says that the said NapLes DaiLy Ne~s is a newspaper published at Naples, ~n saJd CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day ae~ has bee~ e~tered as second class maiL matter at the post office tn NapLes, in said CoLLier County, FLorida, for a period of 1 year next preceding the first pubLication of the sttached co~y of advertisement; and affiant further says that she has neither paid nor promised any per~o~, firm or coporstton any discount, rebate, cc~mtss?o~ or refund for the purpose of securing this ~dverttseme~t for publication in the said newspaper. PUBLZSHED Oel: 08/23 AD SPACE: 96.000 ZNCH FZLEO OS: 08/24/98 ........ ;"'/ ..... 7 ..... Signature of Affiant '. - *. ' *" day of S~orn to and Subscribed before ae this,- ,' ~rlafls mlnlstrotorPRIOR to Persons wishing to m~~l c~ a~~d I ~r~ Any ~ ~ IBOARD 0~, ~OUNTY OMM · I I DWIGHT, * ~ROCK, COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv.. location, etc.) 1"'] Othcr: Comm. Dcv. Scrv./Planning Person: Date: Petition No. (If none, give brief description): ~;NP,-98..4 Petitioner: (Name & Address): Oran~:ctree Associate. Mr. Robcrto BoUt. 3000 Orange Grove Trail. Naoles. FL 34129 ,, Nan~ & Addreas ofany pexson(s) to be ne6fied by Clerk's ofr~e: (H'more spa~ is needed, attach SchmilI. O. Gradv Minor & P,_~_:~te~. P.A.. 3800 Via 1~! Rev. Bonita Sorints. FL ~41~4 tlcaring before ."CKX BCC BZA ~ Otlicr . Requestcd t'lea ri ng/d~te:.. .~-__ -e?,//<~ . /{~ .------ -Ba~d on advertisement appea rin~' i 5.days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No, SNR-9g-4. David W. Schmitt of O. Grayly Minor & Associates, P.A., representing Oran~ctrec Associates, re~uestin~z a street name change from Randall Boulevard lo Valcr~i--- Parkway located bcr, v~n Immokale¢ Road _F~ and Desoto Boulevard. in Sections 22. 23 and 24. Townshio 48 So-th RaSlge 27 Ea~ and in Golden Gale F..stat~s. Units 23.24. 25.66. 68 an4 69, ~7'7 Companion petition(s), if any & proposed h~fi~te: _._/ . Docs Petition Fee include advertising cost? [~Yes [] No If Yes. what account should be charged for advertising costs: 113-138323-649110 ?(~ ~ Reviewed by: Approved by: " ,3 Division Head Date List Altachmcnts: Coun .ty Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Ilead approval before submitting to County Manager. Note: [f legal document is invoh'ed, be sure that any necessary legal review, or request for same, is submitted to County Attorney befnre submitting to Count)' Manager. Thc Manager's of Hce will distribute copie~: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 7/.5./f9~ Date of Public hearing: ~f/~f~/C Date Advertised: ~¢rf~.,~/p~- (J.nc3.ud.~g ~ cove3:) liilililIIIIiliililIilililIililiilililIIIIIiilililIIIIIIHIIili 1201 ilili111111111111111111111111111111111111111i111111111111111111 ~ ~6~ l~I~Oll~' NO: KLL]:E HOF~ - HZ. HIITES & RECORDS c.ollie~ count7 CP~x'~house (83.:3) 77~-m~08 , (Bz~) 774 -8406 12Cl" August 13, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition SNR-98-4 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 23, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Maureen Kenyon Deputy Clerk Purchase Order No. 803277 1 2Cl NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 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-98-4. David W. Schmitt of Q. Grady Minor & Associates, P.A., representing Orangetree Associates, requesting a street name change from Randall Boulevard to Valencia Parkway located between Immokalee road East and Desoto Boulevard in Sections 22, 23 and 24, Township 48 South, Range 27 East, and in Golden Gate Estates, Units 23, 24, 25, 67, 68, and 69, as recorded in Plat Book 7, Pages 9-13 and Page 65, and Plat Book 5, Pages 89-90, of the public records of Collier County, Florida. NOTE: All 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, 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 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~N DWIGHT E. BROCK, CLERK BY: ,s/~.~aureen Kenyon, Deputy Clerk ( SEAL ) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COtUER COUNTY COURTHOUSE 3301 I'AMIAM111~AIL EAST P.O. ~X 413044 NAPt~, FL~ 34101.3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNIY COMMISSIONERS August 13, 1998 Orangetree Associates Mr. Roberto Bollt 3000 Orange Grove Trail Naples, FL 34120 Re: Notice of Public Hearing to Consider Petition SNR-98-4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 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, August 23, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon Deputy Clerk Enclosure Dwil~ht E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COI. UER COUNTY ~ 3301 TAMIAMI TRAIl. EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 1201 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS August 13, 1998 Mr. David W. Schmitt Q. Grady Minor & Associates 3800 Via Del rey Donita springs, Fl. 34134 Re: Notice of Public Hearing to Consider Petition SNR-98-4 Dear Sir: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 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, August 23, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure RESOLUTION NO. 98- ~ESOLUTION RENAMING RANDALL BOULEVAPD TO "VALENCIA PARKWAY", WHICH STREET iS LOCATED iN fART IN ORANGETREE SUBDIVISION, LOCATED BETWEEN IMMOKALEE ROAD (CR 846) EAST AND DESOTO BOULEVARD IN GOLDEN GATE ESTATES UNITS 23, 24, 25, 67, 68 and 69 AND :N SECTIONS 22, 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Conu~issioners is authorized pursuant to ~':~r.':':':V if ?hapter 336.05, Florida Statutes, to name or rename streets and ::?ads, except ~cr certain state roads; and WHEREAS, the Board of County Con%missioners has been requested to confirm the renaming of Randall Boulevard to Valencia Parkway. This street is located in Golden Gate Estates Units 23, 24, 25, 67, 68 and 69, and in Sections 22, 23 and 24 , Township 48 South, Range 27 East, Collier County, Flsri~a, Orangetree Subdivision, according to the plats thereof, recorded in Fiat Book 7, Pages 9-13 and Page 65, Plat Book 5 Pages 89-90 and Plat Bock 7, Page 65 of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, :.~OW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: ?he name of this stree~ is hereby changed from Randall Boulevard to Valencia Parkway and is confirmed as such. 5E 'T FURTHER RESOLVED that this Resolution be recorded in the Public ~eccrzs ~f Collier County, Florida, and noted u~on the maps of the street anz ::cn~n~ atlases tf Collier County, and notations made on the referenced Th:s Resolution adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2WISH.- Z. 3ROCK, Apprc--ea 5s to Form and Lega~ Suffl Assistant County Attorney BY: BARBARA B. BERRY, Chairman RESOLUTION NO. 98- RESOLI, JTION APPROVING THE AMENDED LOCAL ItOUSING ASSISTANCE PLAN (H.A.P.) FOR FISCAL YEARS 1998-1999, 1999-2000 AND 2000-2001 AS REQUIRED BY THE FLORIDA STATE IIOUSING INITIATIVES (S.I.I.I.P.) PROGRAM AND THE FLORIDA IIOUSING FINANCE CORPORATION; AUTIIORIZING SUBMISSION OF THE AMENDED LOCAL IIOUSING ASSISTANCE PLAN TO TIlE FLORIDA HOUSING FINANCF. CORPORATION FOR REVIEW AND APPROVAL; AND APPROVING THE EFFECTIVE DATES. WttEREAS, the Florida State Legislature enacted the William E. Sadowski Aflbrdable lIousing Act on .July 7. 1992 (the "Act"). Section 420907, et seq., Florida Statutes. Chapter 01-37. Florida Administrative Code. as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WIIEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance ofatTordable housing; and WIIEREAS, on April 2g~' 1998, the Board of County Commissioners of Collier County, Florida, approved Resolution 98-106, Ihus approving the Local Housing Assistance Plan. the Inter-local Agreement between the County of Collier and the City of Naples, and the Certification to the Florida Housing Finance Corporation; and WIIERF. AS, the Florida I lousing Finance Corporation reviews the Plan and offers its respective comments and recommendations as to the content of the document, an'dr WHEREAS, the Collier County Department of tlousing & Urban Improvement. has. as a result of discussions with the Florida Housing Coalition and the Florida Housing Finance Corporation, amended the original Local Housing Assistance Plan and added clarifying language to the bm,sing strategies and incentives as described within the Plan, and WI tEREAS, the Act req~,i~es in order to qualify for additional SH.IP. Funds, local governments must develop a new, one to three year Local Housing Assistance Plan outlining the local governments' use oFS.H.I.P. Funds; and 16A2 1 WilFREAS, it is in lhe best interest o1' Collier County to qualify for the S HIP. Funds. and all action taken by the Cot, nty in fi,nherance of such qualification is for & valid County purpose. NOW, Ttll'~RF. FORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that' I The Board of'County Commissioners hereby approves the amended Three Year Local Housing Assistance Plan for fiscal years 1998. I qqc), 1999-2000 and 2000-20OI. 2. The Chairman of the Board of' County Commissioners is authorized to submit the amended l.ocal l lousing Assistance Plan, a copy of which is attached hereto and made part hereof, to thc .State of Florida Itousing Finance Corporation for its review and approval 7 This Resolution shall take cfi'ecl immediately upon its adoption This Resell,lion adopted after motion, second and majority vote favoring same ATTEST: DWIGIIT E. BROCK, Clerk Approved as to t'orm and legal sufficiency Ileidi F. Ashton Assistant County Attorney id/17.~h~p/rcN) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i~a~bara i~.' B'br~, ('~hairma~ - COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (SHIP PROGRAM) 1998-2001 Prepared for Collier County and the City of Naples SECTION III IV V VI VII VIII IX X XI SUBJECT PROGRAM DESCRIPTION General Information Proposed Use of SHI.P. Funds Public Input Plan Implementation Responsibilities LOCAL HOUSING PARTNERSHIPS Housing Partnerships HOUSING ANALYSIS SUMMARY Background Rental Housing Housing Units Substandard Housing Employment & Wages INCENTIVE STRATEGIES PROGRAM STRATEGIES AND SUPPORT Impact Fee Relief Housing Rehabilitation Down payment/Closing Cost Assistance Land Acquisition/Transfer Demolition with New Construction Special Needs Housing Emergency Home Repair OTHER Plan Affordability Non-Discrimination Policy Plan Advertisement & Outreach Support Services Affordability Administrative Expenses ADMINISTRATION Budget TABLES TIMELINE HOUSING DELIVERY GOALS CERTIFICATION PAGES 1 1 1 2 3 5 5 6 7 7 8 9 10 11 12 13 14 15 15 15 15 16 16 17 Xll INTERLOCAL AGREEMENT ...... ~ ii Ill I IIIIIIIIIllllll I II IIII I III IIIII IIII I IIIII IIIII IIII IIII IIII ,SECTION I PROGRAM DESCRIPTION COLLIER COUNTY HOUSING ASSISTANCE PLAN: SECTION PROGRAM DESCRIPTION GENERAL INFORMATION Collier County, in conjunction with the City of Naples, is the requesting applicant for funding assistance under the State Housing Initiatives Partnership (S.HI.P.) Program. Collier County, a non-entitlement community, contains a population of approximately 203,112 (1997). Naples is a city of approximately 21,332 (1997), and has been a Community Development Block Grant entitlement city since 1986. The City of Naples' entitlement status qualifies the City to receive automatic funding assistance annually from the U.S. Department of Housing and Urban Development (H.U.D.). The Housing Assistance Plan (HAP.) is a three (3) year plan beginning with fiscal year 1998-99 and ending on June 30, 2001. Estimated resources available for the countywide program is $1,240,387 FY 1998-99, with $135,698 allocated to the City of Naples and $1,104,689 for unincorporated Collier County. These figures are based on the December 1998 S.H.I.P. Program allocation report and are subject to additional funding by the State Legislature in the Spring of 1998. This Housing Assistance Plan sets forth the goals and strategies for increasing the supply of affordable housing throughout Collier County. This Plan meets the provisions of Chapter 67-37 of the Florida Administrative Code and Sections 420.9071 through 42Q9079 Florida Statutes. The City of Naples and Collier County has entered into an Interlocal Agreement providing Ihe County with the authority for the local administration of the S.H.I.P. program. Both communities view affordable housing as a community-wide problem with no jurisdictional boundaries. Housing assistance provided through this program benefits the entire community and not just the jurisdiction in which the housing activity occurs. PROPOSED USE OF S.H.I.P. FUNDS Collier County, noted as one of the fastest growing communities in the United States, has a need for housing that is affordable for the lower income families in the area. This Local Housing Assistance Plan is designed to increase the availability of affordable housing by utilizing various strategies The strategies available under this Plan provide assistance to very-low and Iow income families. All eligible families will be able to receive assistance by participating in the one of the strategies in Section III of this Housing Assistance Plan, PUBLIC INPUT The Collier County Housing and Urban Improvement Department (H.U.I.) prepared this Plan with input from the public and the Affordable Housing Commission. Public input was solicited al the January 12 and February 16, 1998 Affordable Housing Commission meetings regarding the S.H.I.P. Program. The meetings on the Housing Assistance Plan were advertised in the local newspaper of general circulation. PLAN IMPLEMENTATION RESPONSIBILITIES 1 6 A 2 ~ ~1~ The Collier County Housing and Urban Improvement Director and his designee will be responsible for the implementation of the strategies identified in this Housing Assistance Plan. When applicable, the H.U.I. Director will work with the various, local financial institutions in an effort to promulgate and implement the strategies which may require the applicant to secure a loan in order to qualify. Additionally, the H.U.I. Director will be soliciting other county departments, the City of Naples, local builders and contractors, and other housing entities for assistance in the implementation of the strategies. The total cost for coordination and administration of these strategies will be funded by the S.H.I.P. funds and will not exceed 10% of the total allocation. 2 16A2.~ SECTION II LOCAL HOUSING PARTNERSHIPS COLLIER COUNTY HOUSINO ASSISTANCE PLAN: SECTION LOCAL HOUSING PARTNERSHIPS 1 6 12 HOUSING PARTNERSHIP Collier County has always maintmned local housing partnerships with interested groups throughout the area whose input has been sought on affordable housing issues and in the preparation of the SHI.P. program documents Representatives of these groups are routinely invited to attend public meetings regarding the development of the Housing Assistance Plan Their input is continuously sought on the implementation and administration of the Housing Assistance Plan. A few of the existing groups who have been consulted are: 2, 4. 5 7. 8. 9 10. 11 12. 13 14. Collier County Banking Partnership. Salvation Army Transitional Living Center Collier County Extension Service -- Universfly of Florida. Affordable Housing Task Force. Habitat for Humanity. League of Women Voters. Alliance for the Mentally III. Collier United for Rights and Equality (CURE) Housing Committee -- Chamber of CommercelEDC Coalition. Family and Consumer Sciences Advisory Committee. Community Housing Partnership of Collier County, Inc Saint Matthew's House. Collier County Housing Authonty Collier County Housing Finance Authority. The primary group providing assistance with the development and implementation of the County's housing programs is the Affordable Housing Commission. The Commission is an advisory committee made up of citizens representing lending institutions, developers, community-based housing and service organizations, and providers of professional services relating to affordable housing. This group functions as the Local Housing Partnership for Collier County and the City of Naples. The Commission holds monthly meetings that are open to the public. Responsibilities of the Commission include monitoring the City and County's Growth Management Plans, identifying opportunities to network and brainstorm for ideas and solutions to the affordable housing s~tuation. Both City and County staff participate in monthly meetings to provide technical assistance. Other non-profit organizations and individuals are invited to render their advice and suggestions Recent highlights for the promulgation of housing services within the area include: e, Collier County has recently provided a $60,000 deferred loan to the Community Housing Partnership of Collier County, Inc, for the rehabilitation of affordable housing units. · County and City staff are preparing a presentation on affordable housing with the Chamber of Commerce and Economic Development Council of Collier County. 3 · In fiscal year 1997, the Collier County Loan Consortium, Inc., in partnership with the Collier County Extension Service and County/City Government, approved 131 mortgage loans through the Home Loan Program valued at 9.89 million dollars. Allocations for fiscal year 1998 have increased to 11 million dollars. The Program is designed to assist very-low, Iow and moderate income residents who.~a~ ,~, interested in purchasing a home in Collier County. Program benefits include: free home buyer education programs, no private mortgage insurance required, Iow market interest rates, fixed rate/fixed terms and just a 3% requirement for down payment. · The Collier County Extension Service, with support of Collier County government and the City of Naples, is interested in creating a newsletter to provide various information on housing issues, home repair ideas, financing, etc., to all S.H.I.P. legatees. The newsletter will be mailed quarterly to approximately 400 recipients. · Collier County is "leading the way" in seeking membership in the National Partners in Homeownership. National Partners in Homeownership is a public-private partnership formed in 1995 to increase homeownership opportunities in America. The partnership consists of over sixty five national organizations representing real estate professionals, lenders, home builders, non-profit housing providers and federal, state and local governments. 4 SECTION III HOUSING ANALYSIS SUMMARY COLLIER COUNTY HOUSING ASSISTANCE PLAN: SECTION Iii HOUSING ANALYSIS SUMMARY BACKGROUND The Housing Analysis Summary has been included in this Local Housing Assistance Plan to identify the current housing situation in Collier County. An analysis of the local housing conditions for very-low, Iow and moderate income households housing can assist us in the identification of future needs within the County. Affordability is defined as, "a unit with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of thirty percent (30%) of an amount which represents fifty percent (50%) for very-low income, sixty percent (60%) for Iow income or eighty percent (80%) for moderate income of the median adjusted gross annual income" Utilizing the 1990 Census Income Data, as well as the 1998 median income data for Collier County, we are able to identify that a four (4) person family earning _< $27,050 would be considered very-low income. A four (4) person family earning _. $43,300 would be considered Iow income. The 1990 Census also reported on the affordability of housing by identifying the total number of households living in non-affordable housing units. Of the ho;Jseholds earning less than 80% of the median income for Collier County, 10,705 households, or approximately 17% of the total occupied units, were reported as living in non-affordable housing. The need for affordable housing was classified for all areas of the County: CENSUS DESIGNATED AREAS East Naples Golden Gate Immokalee Lely Marco Island Naples, City of Naples Manor Naples Park North Naples Palm River VERY-LOW~ LOW~ & MODERATE UNITS 1,089 1,231 1,161 291 598 1,249 299 728 1,178 213 RENTAL HOUSING There are 5,579 rental units within apartment complexes within the coastal urban area (see Table 1) and 1,192 rental units in the Immokalee area These units were examined in an effort to determine their affordability for very-low, Iow and moderate income persons. The maximum rent limits allowable urlder the State Apartment Incentive Loan (S.A.I.L.) Program, the Low Income Housing Tax Credit (L.I. HT.C.) 5 1612 Program and the Collier County Affordable Housing Density Bonus Ordinance were utilized, respectively, for this study. Of the 5,579 aforementioned apartments, 1,218 (21.8%) units are affordable for the very-low income households. At the Iow income level, there are 2,589 (46.4%) apartment units identified as affordable housing, The number of units available to the very-low and Iow income households has improved significantly since these figures were last reported in the previous Housing Assistance Plan. Of the 5,052 apartment units recognized in the previous Housing Assistance Plan, there were only 435 (8.6%) affordable units for very-low income households. At the Iow income level, there were only 1,562 (30.9%) apartment units identified as "affordable." The Department of Housing & Urban development is presently updating the apartment inventory of the urban area. Updated 1998 information will be available in the fall. An increase of 1,515 apartment units will be evinced in the update. The number of affordable units for very-low and Iow income households will also be shown in the fall of 1998. Figures will show an increase in the percentage of affordable units for both very-low income and Iow income. The median rent for rental units in Collier County in 1996 is $700 per month (see Table 2). The most common rental range was between $400 and $600 per month (39%), followed by $600 to $750 per month (25%).' Tenure patterns in the County indicate that there are approximately 18,384 persons paying a monthly rent. On the other hand, there are 43,319 homeowners in the County (see Table 3). All units investigated meet the affordability criteria at 80% of income households. There are limited incentives available for moderate income households under the S.A.I.L., L.I.H.T.C. or Collier County Impact Fee Waiver or Deferral Ordinances, The 1990 Census provides us with an inventory of units and illustrates the occupancy status for those units. In Collier County, as much as 34.5% of the total units are vacant at one point in time during the year. Nearly 70% of those vacant units are reserved for seasonal residents. It is estimated that during peak season in the coastal urban areas, the seasonal population is approximately one-third greater than the permanent population. It is also estimated that the Immokalee Planning Community experiences an influx of approximately 12,000 people during the winter months which is an increase of nearly 90% of the permanent population. .................................................................................................................AREA - ......... ~'~'~'0[~'~ ..................................................................... COASTAL URBAN 245,746 IMMOKALEE 33,899 HOUSING UNITS In the year 2000. it is estimated that Collier County will have 156,975 housing units (see Table 4). Based on the 1990 Census and the high-range population projections by the County, the number of housing units in the County was generated by dividing 6 the high-range population pr~ections by person, pertotaldwellir, g unitfigures from the 1990 Census. 16A2{ { In 1995, the median value of all single-family homes in Collier County was $136,483. The majority of those homes (30%) were valued at $200,000 and higher (see Table 5). Household sales information can be found in Table 9. SUBSTANDARD HOUSING An important component of the housing market in Collier County which affects the livability-status is the age of the structure. Repairs and rehabilitation costs rise as the age of the structure rises. 1980to 1984 .................................................... i ................... ).9'980 ............................................ ~ 21 127 1970to 1979 ................................................. ~ ........................................................................................................ i 30,099 · ..!.~§~..!~..~.~6~ ................ { ........... i0"7~0 ................................. 1950to 1959 3,416 1940to 1949 ................................................... ~ ........... 727 Prior to 1939 80'1 ....................................................... EMPLOYMENT AND WAGES The employment base in Collier County has increased over the years coinciding with the population growth. The majority of the work force is employed in the retail trade and service industries (see Table 6). The Florida Department of Labor reports that in 1996, the total labor force in Collier County was estimated at 81,500. The service industry has an employment of 24,392 and the retail trade industry employs 18,807. In 1996, Collier County's unemployment rate is 6.0% A steady decline in the unemployment rate since 1992, when 9.4% of the people were unemployed, has made the County a more attractive place in which to locate a family and/or a business. Income rates vary throughout the County (see Table 7). In 1996, the majority of households earned $50,000 or less. Twenty eight percent of the households earned $25,000 or less, while 36% earned between $25,000 and $50,000. 7 SECTION IV INCENTIVE STRATEGIES II. - III · IV. VI. AFFORDABLE HOUSING ADVISOR1 COFddlTTEE INCENTIVE PLAN RECOMMENDi%TION WORKSHEET Name of Local Entity: Collier COUD~Y Incentive Under Consideration: fl The affordable housing definition in the appointing resolution. Current Status: The local government currently does not have a program for this incentive. Explanation of Existing Regulation Regarding.This Incentive: It is important to have a standard definition of what affordable housing is in order to develop programs that will target very low, low, and moderate income families. SHI,P funds in Collier County may be used to provide housing for very low and low income families. AT least 30 percent of the units assisted with SHIP funds must be for very low income families and an additional 70 percent must be ~or low income fdmi] ies. Under the present definition, u::cr~tnl~le ho, using is a unit with a monthly rent cr monthly mort~':~':,-~,,~y::',,~t, including pr~,pc~rt/ taxes and not in ~'>:ce:~: c~: '~ ~',':'.',',nt ~f an amount 'which represent:~ percent (lot v,,ry lc.w :n~'omo) , 80 percent (for low inccre> , cr 120 perc~.nt (: r :':~.<],_',~..,t.- income) o~ the median adjuste~ cross annual in(':,:-,. : :~r' hcuseholO~,~ in the c::unt}'. Explanation of Advantages/Disadvantages of Changing or Adopting this Incentive: ,_'V_iyant~qes: The Affordable Housing. pt'ovisions of the Impact Fee Ordinance define.~ affordability in an identical manner as the . · Housing element of the Comprehensive Plan, which is defined as housing where the occupant is paying no more than 30 percent of incomo for g ro.~:~ hou.~: ing costs, including, for owner-occupied units, pr inc i .t3.'~ ! , interest, taxes and insurance, ~nd for :'c mt e r-o¢'c~: i ,-..! ~::~ i':;, re, mt Flus util ities. The u~e of 30 percent to de,' ~.n,-, ,,t~ordable .,s especially useful in maintaining consist, ency wit ~' ' , ., ,~n., private lending industry'.. 3.'he typical underwriting limit u::,ed in the private sector for housing costs is usually les.q thnn 30 percent of income. The implementation of Collier County's do. wn payment, closing cost and impact fee waiver and deferral prcgram.q are greatly facilitated by this definition as the proqram~: function as a publ lc-private partnership. [)l:.:,).~iyant,-t(£!c,::: .... t A}.,~;1 ic,~ble. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. [kCz?_f.i_~.t_l}.: I'.~,: d,:.:'~r'.iticn allows participants in the program to retain a signi! icant port. ion of their income for other expenses such as medical trc.,~tmenr, (:hild care, food and transportation. [4p~l._l_j_g, jble Eft.t':qt.5: ,.," ..... ",,~ l<nown Page Two Housing Incentive Plan #1 16A2, VII. Housing Cost Reduction Recommendation: None. Anticipated viii. Recommendation of Advisory Committee: effect. IX. Recommended Schedule for Implementation~ from Implementing this Definition already in Already in effect. Signed:J~ ~~ Date: Chairperson, Advisory Committee Name of Local Entity: Collier County II. Incentive Under Consideration: #2 The~..E~pedited Processing of Permits for Affordable Ho.psi.hq Projects III. Current status: this incentive. The local government does have a program for IV. Explanation of Existing Regulations Regarding This Incentive: Collier County has adopted expedited processing procedures to speed the rezone and approval and permittinq..of developments for affordable housing in Ordinance No. 89-39 adopted July 18, 1989. Vo The affordable housing committee has held discussions with representatives of each of the County developmen~ services departments involving additional expedited processing regulations. Explanations of Advantages/Disadvantages of Changing or Adopting of This Incentive. Advantages: Any reduction in t-ime it takes to process a permit for an affordable hou~n~ project, whether it is for a single home or ~everal hundreds.! u~.i%~ result ~n reduction in the selling pr[ce of the home. %'~.t!:~! for permits, resubmitting rejected applications and c~'/~:' :~na~ ~nq ~'itk mult~p]e !-egulatory agencies is time consuming. !hi~ tr~n~lates ~nto do!Jars when considering that during this per i~d the land payments and interest are accruing and personnel must be paid to process the permits. Each additional $1,000 in cost resulting from permitting delays will add $2,768 to the cost oZ the home over the lifetim, e, of the mortgage. (Thirty Years A.P.R. 8 1/2%) , ~. Disadvantages: If affordable housing projects are f~rther expedited in the permitting process, it is likely that non-affordable developments may take longer to process. vi. Provide an Explanation to as to the Negligible Effect or Benefit to the Public Health, Safety or Welfare. Benefits: Any r,'~duc? ic3;, in the cost of housing makes more housing available to more ~c.,opl,~, e:~pecially those with lower incomes· vii . Housing Cost Reduction Anticipated From Implementing This Recommendation: $2,768 and up depending on how much additional t~me can be rec!:~ced from the permitting processing time. }~age Two Housing Incentive Plan #2 VIII. Recommendation of Advisory Committee: IX. 16AZ m If applying for an affordable housing density bonus which does not involve a rezone, go directly to the Board of County Commissioners for review and approval without requiring public hearing by the Collier County Planning Commission. If rezone is required for affordable housing, set aside two slots at every planning commission meeting for affordable housing issues receiving priority treatment. Decrease the amount of processing fees for rezone applications. Also, decrease fees for site development plan~. If rezoning PUD for affordable housing, amend section 2.2.20.2.4 of the Land Development Code regarding minimum area required; 10 acres - if affordable housing, no minimum area required. Decrease landscaping requirnments and F,~rking reguirements for affordable housing project~;. Minimize stipulations for approval regarding roadways, traffic lights and other developmental stipulations for affordable housing developments. Develop a model set of PUD plans that are sealed and approved to provide to Interested developers of affordable developments, housing Recommended Schedule for Implementation: Ongoing. Signed:~ ~_ sor -6omm tree. AFFORDADLE HOUSING ADVISORY COMMITTEE INCENTIVE PLAN RECOMMENDATION WORKSHEET I. Name of Local Entity: Collier County II. Incentive Under Consideration:_f3 ~gdifications Of .~t Fee III. Current Status: The local government does have a program for this incentive. IV. Explanation of Existing Regulations Regarding This Incentive: Impact fees for affordable housing are waived or deferred under impact fee ordinances. All impact fees are-,~aived for very low income first time home buyers, 50% are w~i d and 50% are deferred for low income first time home ~uye[, and moderate· income first time home buyers can receive a ,5% eferral of their impact fees. Impact fees for rental housin el,her a six or fifteen ....... - ....... g e deferred for · ;=~,- p~-rloa with varlou efer . de~)ondin~] on the n~~ ~,- . . s~ ral options . .,. ,, ~ ......... ,,'er}, low income and low income [enan~.,. Ihere .are .repayment requirements and e~erral$ must be repnid either in slx or : ::t,:en years depending on the options selocted by the developer. Rental projects must be maintained as affordable housing ~or a '~:"'mum of fifteen years under these programs. ' ...... Explanation of Advantages/Disadvantages of Changing or Adopting This Incentive. vi. Adv'~'~.!.-t-qges-'_ Currently, impact feeS,for a single family dwelling unit are between $4,300 - $6,300 depending on where the unit is located within the county. Multi-family impact fees .are between $2, 30(3 - $4,300 per unit depending on the the location of the unit 'within the County. These fees are a substantial Proportion of the cost of affordnblo d'..;elling units, and any red{~ction of these fees J ncreases the ~conomic feasibi ] ity of" provi'~'ing aftordable housing. .. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety or Welfare. Bemt~_ i_tl~_i A reduction in impact fees will increase the availability of newly connt:-u,,t,~d housing for very low, low, and mod~r,]t,~ irl(:o:,,.,, famj ] jr'.: . VII . !i°gligib!.' t';l~r.~'t~:: N'!., :':. '....:':. Housing Cost Reduction Anticipated Reco~unendation: From Implementing This Up to $6,300 per unit i.c realized from infrastructure impact fee relie~. Additional affordable housing could be built with a(lclJt, ional impact fee waivers and deferrals. Two }{ousi~]g Incentive Plan #3 VIII. Recommendation of Advisory Committees Collier County should increase the amount budgeted to reimburse the impact fee funds for fifteen year deferrals for affordable housing projects. IX. Recommended Schedule for Implementation: Define funding source and budget funds for granting fifteen }'ear impact fee deferrals for affordable housing for very }.ow and low income families, by December 1994. Signed: . ~ ~.~.~_ ~ c~i~per~on,-A4vi~Y Committee oo I. II. Iii . V o VI. VII . AFFORDABLE HOUSING ADVISORY COM~ITTEE Name of Local Entity: Collier County Incentive Under Consideration: .~4 The .Allowance of Increased ~nsit~ Leve]s_~. ' ' Current Status: The local government does have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: Collier County has adopted an affordable housing density program as a portion of the Land Development Code. This program provides increased denr:ity for housing that is affordable to very low, low and moder.,tn income familien. This program has been' used for the development el L'oth rental and ownership affordable housing with incren.nrM d~:.nsit':' levels. Explanations of Advantages/Disadvantages of Changing or Adopting This Incentive. A__dvanta_Ges: The affordable housing density bonus program does not need to be amended. The incentives are very good and the procedures are not difficult to use. Di-~!Ad_39U~taqe:~: ,,c~ Applicable. Provide and Explanation as to the Negligible Effect or Benefit to the Public Health, Safety or Welfarez Benefits: The affordable housing density program allows for additional units which increases the supply of safe, decent affordable housing for very low, low or moderate income families. Continued marketing of the program should make it more widely used in the future. ~ ' Neg~k_ic_qi_hl(~ !.:~ ~*~:c.t_~_;. None. Housing Cost Reduction Recommendation: Anticipated From Implementing This A value el~ approximately $4,000 - $8,000 per unit is saved as calculated by the cash contribution factor of the affordable hour;lng don:;ity bonus program. The market value of the affordable housing density bonus allows reduced r~-,nt':; or reduced land costs for home ownersl~ip units. Housing Incentiv~ Plan #4 VIII. Recommendation of Affordable Housing Committee: Continue to aggressively market the affordable density bonus program. IX. Recommended Schedule for Implementation: Ongoing. Chair~erson~ -Advisory 6ommittee I. II. INCENTIVE PLAN RECO~ENDATION WORKSMEET Name ~f--L~: ~-'lier County I n~nt~e Und~~nslde~~ .... ~.>.. "'" - Reset-vat io~ - Ill . program IV. Explanation-of Bxisting Regulation Regarding This Incentive: t-o--thc P~Yv-i~--of--t~be-6i-owtqg-q~ement A~' (~lorida Statutes, ........... y ~=v~~}e~~l Ic%'ir~ facilities * * F~ew~r deve top y--*g ~ yen- -ar-e ..... '~-v~able f~ th'e new d~~~t~b~-~%.~~ of these , ~t--i ~ t~*--eo~ ~ ~ -. ~.<+.- P ~'~~t~e-~v i cc :; The --type~ --o! , -, n! re.~t-~,etu~,e th~ a~e--~[--primary .... -~-- for ~tffordab~e hc;;:4inu i:~ t~of ~~ .... ~ .... ~ . de vein t-~i~.. £-rast-ru6t4u-~e---i~--pr~vldcd .pon de.,-~,,d through d .... i ty I a ye I = fees .h.~ ~ a- ma]~ cost to ~,,)- type of ~teve4opment-.---g)~-~d~,,.~n.;,nt:;,' i~ .~- -- - t~- waive ~r-di~eount-~~~:f==~-=~ t~- ~ype -~f development, such as nants bond fo~--~-~efe{~ connection payment or. a ~- d .... ~o[ ...... '" = ...... :--= ~- pay th ~...~-~ficatc. .."~--cccupancy rather '~-'~,,~. plat s~pla,~ati~---e~---Advanta~es/Dis~_dv~_ntages ~-__ ~---i.~.g_.._..~ ~-_. Adeptin9 t-bi s -~t%oet%t-iYe. '~ on - t,he vi. VII . Vi I I . I :,: . Pubt-i~'--'He~l th, Sa f~y, o~--We-l-f-a~e. None knowm. Recommendation of' Advisory Committee: ttt i t t t y <',,...,~< ~ ion ieee. Reeommende~-~e4~:~ute--f-or--A~o~ement-at~om: Chairp/rson, Advisory' Committee INCENTIVE PLAN RECOMMENDATION WORKSHEET I Neme of Local -. · ~,t~ty: Ccllicr Csunty II. t noent-ivc 4A~de~-~<~n ~ ~r~%t i o . ~-~-f-ina-~i meeha ' . . III . IV. .... i cc~~ve~me~,t pr~r~m for th-Ls--4-nccnt irc. currently d~c- n_~ have N o ~e. ~x pta ~mon--o f -A~va n t~agee~q>~saSva~ge= ,o kh-i~~mi~e: f-r~m~~t~~n~,, ~-- .......... may bc~ =cparat~ ~ng ~e~ . -The--~oe-~ , c ...... ~i~ J~~'_ r ..... a~ ~~~ would 't~t ~i!iz~d tc gcncra~ ~f for~ebl c --ho~i~~.nds ~m- t~~t~pcrs cf ...... c. ' V I . P r o v i d e--a rP-E~ p~at-i-~n__a~_4~e_ P u b 1 { c- H eat t hT - Sa f-ety ~-o~_._W~4~ f~.r_e. vii . N~using - -Cost- Reduo~i~)n ...... An~--i(~it~at-ed -F-r-om---~m,-*, ..... ~4 -. ,.,..~. ~eeommendat4on~ _.Va~_zab4~m_depe~d4_ng_~n_~eas4~uf__i~.veici:.g al lowed. Two Affo~-dab]e Housinq Incentive For- ...... ~onsequent pa r t i ~ 1 a ~--pa-~e%-would-~v~-~- -the- owner--.of .-the -senc~ing-property--whateYe{--~mpe~~e, or she-deemed appropriate; and fee---time~- the~ .number -of ap~ ov~-~n .... ;rig prope~.~y. ~n praot ica] ~ense, such- an approach would t i4~ety lead - to t-r-ansfcrs-~3~e~:~=ing-p~a~-i iF -~om ~e~r~-~rtion of Col 1 icr County--to.-the-e~ st~t--.-ar~s-, ..... t-t.- wou td-~ theref-o~~~9i~l that--~me -timer would be required on the TDR, either-.~-~--~ *the.- -esta L~i-;, .~;hmen~ --of--~- ma~im~g~--~mbe~--of-, deve!opment rights, ~peei-f-ica-t 4 y- -egua~---to--o~---greater---t4%a~T~ -~hat '........ '~ ;-~ ~...-~ A -.~^ t r e n sf-e r-r ee~- t o-o n y--pa.r~--~ r--~r-o~o~-~--or k.. --a ....... t im4t on - t41e- TDR---l~o--.ge-r-%~4n....ge~aphio--ar- ' ' VIII . Reoommend a t-ion- of---Ad v-i~mmi-~=ee: DNo--T=.~ ~--1~--]~_~ on.. more pi be- ¥ e~y--ef-f eet-i Ye---i n--p r et ee ~44~3-- open--spa~e.T-agr lc'--' I t'-' ra4---t~aa4s a nd/-or---- env-i-r-onme~taA t-y-- proper - - eontr-o4-~ ..... t-his .... toot -eou~d- ~ c~a~e--an imbal~r~cc of development in-t-he--coa~ta-t--ereos--of- Co-l-bier---C~unty-~--44e--~et-ieve that a wet. ] .... t~ught--- ~---TD~-- or~in~e~-~ou.~d--~~~ purpose -ol ~aving se~iti X I . Reoommended-.Sohedute for- Zmptomen~&t. io~: ~ o n s i d e ~: - ei~ve%opi-~?- f~r~9, r n n-. by -- D eee. mbo n-49 94. S icjned :<<~.,~._.'::~,_ c.'....,,,~.,,,...~'..,,.c//l. Date chairp, erson, Advisory Committee INCENTIVE PLAN RECOMMENDATION WORKSHEET I. Name of Local Entity: Collier County II. Incentive Under Consideration: F7 Reduction of parking and ~; e ~t_ba_.c_ k__ r_~e ~tu_i r o____m_e n t s. . ....... I Jl III . IV. V o Current Status: The loca! government currently does have a ~)1-ogram for this incentive. Explanation of Existing Regulation Regarding This Incentive: Collier County has reduced parking and setback on low and affordable housing on an individual project basis. Explanation of Advantages/Disadvantages of Changing or Adopting this Incentive: ~'~%Yan~agg~j. Not all projects are reviewed as Planned I)ev<']opments. ~t i~: r,~.~:m?~ended that the I.~nd ~evelopment Cod(. ~.o amended to allow fo:- adm:nistrative approval of parking and ~etbnck relief for all af:crdable housing projects. [)i.lU!~l--v-{~.n--t.33~9~ There ,~re :~ome affordable housing projects that (~o not fit the mold of most developments - such as elderly ~ouning. Projects for the elderly must either provide excessive amounts of parking or undergo a variance procedure that may or ma,~' not allow a reduction. vi. ]ding the parking or undergoing the variance procedure adds t>(~th time and money to the cost of t~e project. These costs must J~()rno J~}, th~, develop ~t which must then increase the cost of un[t~ to the recipien%.~. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. ,, .,, .L~eJ!~fi__t.s__t: The relief of parking and setback require~eDts can reduce costs of housing and therefore increase the number of ,~vailable units and lower the final cost of the housing to the VII . i!,'~g_l j g ~ [~._.~.~.£~.t None Known. Housing Cost Reduction Anticipated }{ecommendation: From Implementing This 'zi,::: (t,.[),,n,.,!:; ¢:n th~ :;i;:c. ~.,: th,? project. VIII. Recommendation of Advisory Committee: After reviewing the handout regarding the reduction of parking and setbacks requirements and the Collier County Land Development Code, we submit the following recommendations: Allow for elimination of stripping of general parking areas over five spaces or skip spacing (one line for every two spaces). Increase compact car spaces from 25% to 35%. More and more people are driving smaller autos. The auto industry is gearing itself for additional compact ~roduction. Parking should be reflective of this change. Allow for "Multiple Parking Areas" or common lots. Promote the shared parkinq concept where applicable. Haintain 1.5 parking sp~-~ces per unit for multi-family. A1 lo,.,, .~,.'~'~(;ndary parking areas to be constructed of a limerock base and :~ur~'aced with mulch. This acts as a porous base that as:; i s,t ~ in drainage and is less costly/expensive to install and maintain. Allow administrative parking variances especially for Senior Establishments. Promote the use of one way stree%s to reduce paving areas. Reduce right of way widths. xI. 1~3. Rear and side setbacks of the project should be reduced in cases where the project abuts a similar project. 11. Encourage parallel parking in areas along roadways., Recommended Schedule for Implementation: Chairper/~on, Advisory Committee INCENTIVE PLAN RECOMMENDATION WORKSHEET Name of Local Entity: Collier County II. Incentive Under Consideration: ~8 Allowance of Zero-Lot Line Confiqurations III . Current Status: this incentive. The local government does have a program for IV. Explanation of Existing Regulation Regarding This Incentive: Collier County Land Development Code provides for zero-lot line configurations· For projects that do not .qualify, there is a variance procedure available. ' .... Explanation of Advantages/Disadvantages of Changing or Adopting this Incentive. Advantaqes: Zero lot line configurations are a crea'~ive way to increase the spatial advantages of property so as to allow for better on-site amenities as well as reduce development costs. [~_[~]~Jy[![!Da_~3es: Care mus~ be- taken to avoid overcrowding of units of poorly planned site ]a':'ou~f;. VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. Bene[ its: Zero-lot line configurations can reduce costs cf hou:~inq and therefore increase the number cf the available units and lower the final cost of the housing to the occupant. vii . Neg_~g. ible Effects: None known. Housing Cost Reduction Anticipated from Recommendation: Depend[~ cn size of project. Implementing .this VIII. Recommendation of Advisory Committee. Amend tho Zoning O:-din;~'..',: to allow the arjmin~strat]ve of zero-]o~ ]]ne conficu:'ations ~or affordable housing pro~cts. IX. Recommended Schedule for Implementation: Conmidcr amendments by December of 1994. Chafrpe~rson, Advisory Committee AFFORDABLE HOUSING ADVISORY COMMITTEE II. I I I. Our-~e~--q~t-e-t=u.s~ The--t~ea 1 g~ver-t%men-t-does--not---h~v~ a ~P~$.~em f or IV. Exptana t-ion-~) f---Ex-is t-ing--Regu-t a~t-ior~-Regar-di ng-T ~is-- I-neen t-iv e: Vo Ex p t ana t-i on ---o f-- -Ad va nt~ag e s~-D-i-$a d va nra ge s ~ o f--Oha ng i ng---or--Adopt-i ng tq~J~--I-n oen4;-i-¥ e. t~i.~;a,tvdt~t ~g~,,;: Care - m~l.~l:= .... t)e ......t--ake.n ..... to d e ,/e } ~Lr.~::t e n t-~- -a .-3--- wet t--~ -'~--~u-t>~-t-c- - ~-a f-e t,/y. VI. Provide an Explanation- as to. the Negligible-Ef--feot-o~---Benefit to Public Healthi--Safetv~-- or -Wet-fare. B_e._r_]_*~i: _i t.tL.: - The--mod i-f--ica-b-~orr---of---st-r-eet---- setrback- and~ ~de'wa-t k ~,equ-i re,~e-nbs-can---reduce--~os-t-5---of-hous&ng---and-bher~r-e, i-hellene .~,he - n~mber-- eS--ava i4-ab-}e---un-i-ts- and .... -tew~---the--P-Pna-i eos-b~of----bhe h(-~t~4~f~,t t (., the occupar~t . VII. Housi-ng Cost-- Reduot-i-on. Anticipated from--Implementing--this -Recommendation: .... Depends- ,,n size-of- -the-p~ojeot. VIII. Recommendation of Advisory Committee: Cons ider a mechanism -.wheue-a.f-fo~dabte--hous_~nrj-j)r-o_jeet_s__t_hat___er_e not- Planned Developments --may-- obt-ain -adm-ir~istrat-ive st-re, et .~ebback .... and ..... .~ ~,.iewa-l-k ---~ eq u-i-r-eme n t-s---p r-er i d ed eer-ta i n eri-teria are met. IX. Recommended-Schedule for-Impl-ementation: (=<~..~ td.,er--zoni nq a.-.,,en,.],,,,~ ..... Chairpe/son, Advisory Committee .... I I ' III I II IIII IIII I ............ I IIIIIII IIII .... IIII i I I1 IIIIII IIII II1! AFFORDABLE HOUSING ADVISORY COMi~ITTEE INCENTIVE PLAN RECOMMENDATION WORKSHEET Name of Local Entity: Collier County II. Incentive Under Consideration: ~IQ The establishment of a process b~ which a local government consideys~ before adoptio_qs~n ool[cie:L_procedures, ordlnancq~, regulations, or plan provisions Lba~_bAL~q__D ~_qnificant Jmgact on the cost of housina. III . Current Status: The local government currently does have a program for this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: Collier County has adopted an executive summary and fiscal impact statement (ESFIS) . The %ntent of the ESFIS is to provide more information for the board and affected citizens with regard to the ~urpose, need and costs of proposed resolutions and ordinances of a regu]atory nature. Under the ESFIS, a consistent format is used that re¢:uire:~ the first four sections of the ESF!S be completed and approved by %he County Commission, prior tc the s~aff drafting any new i-eguiations relating to the Comp'rehensive Pl.:n and I.,and Developmont Code. This pre-review process is aimed a~ correcting instances where ~taff uses a great deal of re.source:-; in developing proposed regulations, when there is a ]nck of firm Board direcEJon and consensus as to the need for the p~oposed regulation. V o The fir.st four sections ¢)f' the ESFIS that are required prior to thc. county directing staff to draft new regulations, does not includ<, information that pertains to the fiscal impacts that the [~:-c~;o'.~:~.t ~'eg~lations wi I I have on the cost of housing. Fiscal ~:,~'~ ".~ dealt ',,'[t.h ~', ~:.,:,,.: :.:>n 5 of the L~..~S In the ,~ast this Explanation of Advantages/Disadvantages of Changing and Ad~pting this Incentive. , ;_'. 5t3' f!.[l_t_. ;l q g %_:_ T 1] e c u r r e n t ;icco;npl i.,;h its objec:tiv,~. process established (ESFiS) should ltousing Incentive Program #10 1 6 A 2 v; 4 VI. VII . VIII. IX. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, of Welfare. Housing Cost Reduction Anticipated from Implementing this Recommendation: Varies depending on how regu 1 at i c::.~; reciuced bv t!~i.':', pFocoss. Recommendation of Advisory Committee: The current ESFIS should be amended as follows: What ne'.,' or changed conditions c r ea"~t e implementing this regulation at this time? the need for ......... ~ ........ regulatzon duplicate, parallel o:- e:.:pand upon ,*.:~y o:.:i:~tJng loc,:~l , regional, state 3. l)o(':3 ' !:<' : :',.},~ ::,-'i ;',.:gui,:t i.:~':', :rig:Ii ficantly affect hO~:; iii':: . Tho }io~::'.{,- ~ ~:nd Urba,, im~)z'o,/oment Deoartmen'. wi i ~ be .... ! on~,l,J~o ~o}- ]-eceivj nc, before adootio~ .... po~.~cies, Rt'~2ilC!]!% U_gtll, etd inances,~qulat ions, or plan provisions to ~JS_~PSiNk~f? ~f there may be a si~lnificant imoact on the cost of hg~J_~lJJ]q .... ~3.nd submi t find i nos to the Board of County Recommended Schedule for Implementation: Signed: Committee Date: AFF't RI~AI~I,I'~ t((~L.JSI t;s~ ADVISORY COMMITTI-]I.: INCENTIVE PI,~N RECOMMENDATION WORKSItEET 6 ~. 2 ':" ~me- o f-- Loca-t--E n t-i-t y .'---~o-t-~-[ er-- Cou.n t- y II. III . Current- gtatus .... ........ IV. ~xptanat-ion- of-- R×-ist-ing--Regu tat-ion--Regarding--This -I-noen. t--i.ve: V o Explanation--of---Advantages/Disadvantages-.of Changing-or-Adopt. i-ng -this-Incentive: ?iz~irH!t_.~tg~_~_;. An- inventory of- parcels .... suitable for-- ~af-fordable wi-it be cter;~iE-ied~ - maintained--and--- managed; ....... {-~ .... wi-il non-revenue generating--and- non-tax---produci-ng-prope-rties--to r.~b!e st:~,tt~s.- --tr. -wi I t -also-st-imu-tahe- the--economy---with--the ['?i2J!'_-Lx,~O_L2!£Jtl~_; It a land bank ii;- to--rely on ta~ -delinquent propertie~, the maximum processing time can take two - five year~. Cost in conveying property- coupled--with-.quiet- .... tit-te ~t'. ~c~n mt~t t~e ft~uied. Tax deed e;a]e~ are t~able to interested parties complete contro't, over--the--conveyance--process due--t-o- - o[)e n- - b i dct j ng -- a t-----t a x- s ates. ' vi. Provide an Explanation as to the_Negligible Effect--or. Benef-it-.te Public Health, Safety, or Welfare. B.%n_e_[ [__t-~j - A<ieqt,,a t:e. --s i: t-:e~ ---for-. a f f ordebte----housi-ng---wi-} } ..... ~-nc r~'as e the .~;up}) tv. of hous;incl, ava.liable for- vecy- low,--- t~,~v---and- ~,,,_~d'e.- ,~.t~ _ VII . Housing Cost Reduction Anticipated from Recommendation: $':1,0()0 - $10,000 per-unit. Implementing this i,~n,'_l co:;t:.~; ~'o,.]~ction:; from- low cos;t acquisibion--or -donation. v. III. Recommendation of Advisory Committee: Start a lr:t:,,i t~ank program for suitable affordable housinc3 pro[:)e r-t i e.~;. -) id.o. [)reapprove(i---house -plans and--other---per-tmLz-_~---[o--home o%~,ner.~ an,i :~ingte -fami]y builders -who -wi-it prod~-~ce--housing ;~ff<)r-dabte fo:' very lo;vi-- tow- or--modera~e hQme--buye.~:s. IX. Reeommended-Schedule-for---Imptementat-ion: Develop land banks- su-itabte . for affordable--housing .... by--Decembe-r Com3nittee Date: SECTION V PROGRAM STRATEGIES & SUPPORT COLLIER COUNTY HOUSING ASSISTANCE PLAN: SECTION V PROGRAM STRATEGIES STRATEGY I: IMPACT FEE RELIEF DESCRIPTION: Homeownership: Impact Fees imposed on new construction of single family units for very-low income first time home buyers~ may be waived or deferred provided the applicant meets ail the qualifications established in the Collier County Impact Fee Ordinances. The participant must occupy the home as his/her/their permanent place of residence. The maximum amount of S.H.I.P. dollars allotted per unit is $6,500. The assistance is in the form of both a waiver and/or a deferral. Impact fee relief is a zero interest, 15 year deferred payment loan. Recapture terms include a secured second mortgage to be paid full when the dwelling unit is sold, or a loss of homestead occurs, or refinancing occurs. The average amount of home ownership impact fee relief paid with S.H.I.P. dollars ~s estimated at $6,000 per unit. This strategy is an ongoing policy and is funstioning as intended. ' A first time home buyer is someone ,,',/ho hasn't owned a home as their principal place of residence in the past three years. 8 STRATEGY I1: HOUSING REHABILITATION DESCRIPTION: Homeownership Repair: The Housing Rehabilitation Program is targeted for very-low income homeowners throughout the County. The program encourages the use of volunteers and skilled labor to completed the needed repairs in order to help minimize costs. All identified repair work will include improvements needed to correct housing code violations and/or deferred maintenance. Funds for homeowners will be available in the form of a deferred payment loan at zero percent (0%) interest, with repayment upon sale of the property, loss of homestead, refinancing or thirty years. The maximum amount of S.H.I.P. dollars loaned per unit will be $15,000. The average amount of homeowner rehabilitation paid with S.H.I.P. funds is estimated at $10.000 per residence. Rental Repair: Funds will be available to property owners to correct housing code violations, provide handicap modifications and rehabilitate property. Funds will be available in the form of amortized loans for up to twenty (20) years, with an annual interest rate of five percent (5%). Property owners will be required to provide two dollars ($200) of private funds for every one dollar ($1.00) of S.H.I.P. funds contributed. Other funding sources, such as Community Development Block Granls (C.D.B.G.) may be sought to supplement this program. Landlords must rent their units to very-Pow and low income persons for a minimum of 15 years, or the duration of the loan, whichever is longer. Compliance will be monitored annually by the County. Rental housing offered for sale prior to the end of this period or have remaining mortgages under the Program must be subject to a right of first refusal for purchase at the current market price to eligible non-profit organizations that would provide continued occupancy by eligible persons. The maximum amount of S.H.I.P dollars provided per unit will homeownership and $5,000 for rental properties. The average rehabilitation paid with S.H.I.P. funds is estimated at $3,500. be $15,000 for amount of rental State mandated maximum price per unit' The averaqe price per assisted unit: $118,264 (Existing Units) $106,365 (New Construction) $65,000 9 STRATEGY Ill: DOWN PAYMENT/CLOSING COST ASSISTANCE DESCRIPTION: Down payment/closing cost assistance will be available to very-low income first time home buyers in conjunction with rehabilitation or emergency repairs for any existing dwelling unit. Additionally, down payment/closing cost assistance will be available to very-low and Iow income homeowners participating in the Demolition or Land AcquisitionfTransfer Programs. This is available for single family, villa, duplex and condominium units. A thirty-year deferred payment loan of $2,500, with zero percent (0%) interest, will be prowded to first-time home buyers for assistance with their down payment and/or closing costs. In addition, a deferred payment loan of $2,500 with zero percent (0%) interest can be provided for rehabilitation or emergency repairs for the qualifying unit. The combined deferred loans of $5,000 will be secured by a second mortgage to be pa~d ~n full to the Affordable Housing Trust Fund when the dwelling unit is sold, or a loss of homestead occurs, or refinancing occurs. All recipients must declare the dwelling unit as their principal place of residence. State mandated maximum price per unit: The avera.qe price per assisted unit: $118,264 (Existing Units) $106,365 (New Construction) $65,000 10 STRATEGY IV: LAND ACQUISITION/TRANSFER WITH NEW CONSTRUCTION DESCRIPTION: Collier Counly has recently initiated a land acquisition/transfer program. The initial focus of the program is the acquisition of vacant land which can be developed for affordable home ownership opporlunities. Some of the acquired properties will be obtained by the County through delinquent property taxes. The funds will be applied to the cost of clearing title and/or purchasing property and increasing the scope of the program. Acquired lots will be made available for purchase by very-low income families and non-profit organizations. Those very-low income families who qualify for the program will be permitted to take advantage of either the Impact Fee Relief or Down payment Assistance opportunities. Comr'nencement of construction for owner-occupied dwellings will be required within twelve (12) months of closing on any acquired parcel or within twenty-four (24) months from the end of the applicable state fiscal year, whichever is first. The maximum amount of S.Ft I.P dollars provided per property shall be $5,000 grant. No provisions are required for the recapture of the funds. State Mandated maximum price per unit: $1 O6,365 The averaqe price per assisted unit: $65,000 11 STRATEGY V: DEMOLITION WITH NEW CONSTRUCTION DESCRIPTION: Collier County, through the Housing Assistance Plan, has initiated a demolition program in conjunction with new construction. A thirty year deferred payment loan of $5,000 with zero percent (0%) interest is provided to very-low and Iow income homeowners of substandard single family dwellings found not to be possible or cost effective for rehabilitation. The deferred loan will be secured bya second mortgage to be paid in full when the dwelling unit is sold, or a loss of homestead occurs, or refinancing occurs. The loan will be applied to the costs of demolition. The County is presently exploring the possibilities of donating selected substandard mobile homes to local scrap metal or recycling establishments in an effort to reduce the costs of demolition. In addition, participants qualifying for this program will be allowed to take advantage of either the Down payment Assistance or Impact Fee Relief opportunities. As a result, the participant may have an increased chance in securing a loan for new construction. State Mandated maximum price per unit: $106,365 The averaqe price per assisted unit: $65,000 12 STRATEGY VI: SPECIAL NEEDS HOUSING DESCRIPTION' Down payment assistance will be awarded to not-for-profit organizations serving special needs clients for the purchase of homes and/or apartments. The not-for-profit organizations will be selected on a first come-first serve basis. The assistance will be in the form of an interest free deferred loan. The non-profit organization must rent the units and/or make them available to very-low income and special needs residents for a minimum of fifteen (15) years. Compliance will be monitored annually by the County. Rental housing offered for sale prior to the end of this period or have remaining mortgages under the Program must be subject to a right of first refusal for purchase at the current market price to eligible non-profit organizations that would provide continued occupancy by eligible persons. All strategies of the Housing Assistance Plan are available to those persons with special needs. For example, special needs individuals may participate in the Rehabilitation and Emergency Home Repair programs in an effort to make housing modifications such as handicap ramps, grab bars, guard rails or other necessary additions and/or repairs. Individuals are accepted on a first come-first serve basis. The maximum amount of S.H.I.P. dollars provided per unit will be $3,000. 13 STRATEGY Vlh EMERGENCY HOME REPAIR DESCRIPTION: Collier County will initiate a program geared toward emergency home repair. The Emergency Home Repair Program targets very-low and Iow income home owners who will be accepted on a first come-first serve basis. Priorities will be given to elderly and handicapped home owners whose homes need repairs to correct life threatening, health and/or safety defects and energy efficiency. Corrections will also be made in order to aileviate exposure to natural environmental elements. Funds for home owners will be available in the form of a thirty year deferred payment loan at zero percent (0%)interest. Recapture terms include a secured second mortgage to be paid in full upon the sale of the property, or a loss of homestead occurs, or refinancing occurs. The maximum amount ofS.H.I.P, funds to be loaned per unit will be $5,000. Funds shall be utilized to pay the cost of actual emergency repairs and other associated expenses necessary to assuage the urgent housing repair needs. State Mandated maximum price per existinq unit: $118,264 The averaqe price per assisted unit: $65.000 14 SECTION VI OTHER 1 COLLIER COUNTY HOUSING ASSISTANCE PLAN: SECTION VI ' OTHER PLAN AFFORDABILITY All strategies relating to home ownership will comply with the income limits adjusted for family-size, established by the Florida Housing Finance Corporation. The monthly mortgage payments, including allowance for taxes and insurance, meet the affordability criteria (housing costs should be approximately thirty percent (30%) of the households gross monthly income). The rental units receiving assistance under this Plan will comply with the rental rates of units adjusted to bedroom size, established by the Florida Housing Finance Corporation. NON-DISCRIMINATION Discrimination is strictly forbidden on the basis of race, religion, creed, color, age, sex, familial status, marital status, handicap or national origin in the use of S.H.I.P. dollars. PLAN ADVERTISEMENT AND OUTREACH The Department of Housing and Urban Improvement will advertise the availability of the Housing Assistance Program at least thirty (30) days prior to the beginning of the application period. The Department wilt publicize the S.H.I.P. Program via newspapers, public service announcements, lenders, realtors and various neighborhood organizations. SUPPORT SERVICES The County and the City provide information to all participants of the Local Housing Assistance Programs regarding othur existing community services that may be able to provide additional assistance. These supportive services can include home owner maintenance money management services, transportation assistance, etc. Job training opportunities are also available through the Collier County Cooperative Extension Service. Some of the support services available to S.H.I,P. recipients in Collier County include: Job Training Partnership Act/Workforce Council of Southwest Florida Meals on Wheels Help on Wheels Good Wheels The Collier County Division of Social Services 15 16.fi2 6 7. 8 9 10 11. 12. 13. 14. Better Living for Seniors The Collier County Council on Aging Tri-County Nutritional Program Tri-County Senior Services (Our Place Senior Center) Senior Friendship Center-Health Services Senior Community Service Employment Program Consumer Credit Counseling Service Paint Your Heart Out Naples Collier County Extension Service AFFORDABILITY Housing that is affordable is defined as monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in subsection (19), subsection (20) or subsection (28). However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark ts. 420.9071 (2) F/or/da Statutes]. ADMINISTRATIVE EXPENSES The administrative responsibilities for the S.H.I.P. Program are to be completed by the Collier County Department of Housing and Urban Improvement. Ten percent (10%) of the total S.H.I.P. funds that will be used for the administration of the program. The resolution stating the percentage adjustment is attached to this Plan. The funds will be used for employee salaries, office expenses and any other expenses required to facilitate the implementation the strategies indicated within this Plan. In add t on some of the funds will be used to produce a questionnaire-type survey that will be targeted at the local builders and developers in an effort to provide the citizens of the county with a list of single-family units priced between the $50,000 to $80,000 range. The information collected from this survey will be included in a brochure and made available to potential very-low and Iow income first time home buyers and any other interested parties. 16 SECTION VII 16A2~q ADMINISTRATION COLLIER COUNTY HOUSING ASSISTANCE PLAN: SECTION VII: . ADMINISTRATION ADMINISTRATIVE COST BREAKDOWN Figures are listed as percentages ACTIVITY 1998/1999 1999~2000 2000/2001 1. Staff Salaries 54 54 54 2. Other Staff' 16 16 16 3. Office Supplies 17 17 17 & Equipment J 4. Advertising & 8 8 8 Copying 5. Miscellaneous~ 5 TOTAL t 100% 100% 100% Other staff includes Social Security, regular retirement, health & life insurance, etc. Miscellaneous may include encumbrances for studies, surveys, travel, etc. 17 SECTION VIII TABLES 0"1. (/") Cf) (/.~ (/) CD 0 0 _.~ 0 O~ Z ITl z 0 0 o~ CD O3 LO ~ O O3 0 © o ,o ~ ? 0 0 0 0 0 0 0 0 0 0 m 0 16A2~' m 70 0 ~c © 0 CD D .ID 0 0 0 0 0 ~qc 0 0 0 0 C) C~ co,o Io,o 0 0 cf) o Gq 0 0 © 0 O~ 0 Po 0 ~n 0 ~ + Z C 0 -0 $ X D 0 0 © © © (D Units o 'o b b b o o 'o 0 0 0 0 0 0 0 0 .--.I ITl Z "0 1:13 ~r-' m TABLE 4 HOUSING UNIT PROJECTIONS 16A2 AREA U_ n'in.c_orporated Total :City of Naples _E_vefglades City County Total 1995 2000 ; 2005 104,325 16,124 2O6 120,655 139,889i . 179,910 16,8741 17,624 2121 217 156,975~ 197,751 2010 224,~1-~5 .!_8,_3Z.4_ . 2_23_ 243,112 Source Coil/er County Plannmg Department ii · - - IIII I II IIII I ........ '11 0 0 0 Retad Trade Wholesale 'Trade Agricullure SoFvico Induslry CollSlrucl~on Government ITl F:, F ..-, m.-< Manufacturing Financial Services rtl .-I-. SECTION IX TIMELINE X X X X X X )~ ~ X X 'X ~ x ' .x ~ o X x x ~ X o 1 6A2 ~ ~ SECTION X HOUSING DELIVERY GOALS © © F: 0t CZ) ¢7: 16~2 .................................... ~,l~ ................... II ......... III I IIIIIII SECTION XI CERTIFICATION CERTIFICATION TO FLORIDA HOUSINC, FINANCE CORPORATION LocaI©ovc:'nment' (:0LLIER County/City Ail SHIP funds will be expended in a manner which xvill insure that there will be no discrimination on the b:~.sis of' race, creed, color, age. sex, familial status, handicap, religion, or oriain. av,'ards. The locai goven',mcn: will adve,qise the availability of SHIP funds pursuant to Florida Statutes. A proc£sS c. .. ~,;r' ,,,..it'.:::,,n ," for '- ' ~' .,~ ' developed. The ' ~'~' ' ' ' ~" ' ' ' ' e~,~:~.,,tz :::u:::c:";:,:~', or county ,.s dc'~ CiOFCC 3 qualification system for appl~cat:cns lot national (5) ReciDien:s. of ;'u::ds '.'.il be reeuired, to co,,,"',"'u::!~'',....~, , ,. commit to program g,,idciincs., (d) Thc Florida 1lousing }:~nancc Corporation will be notified promptly if the local govenunem (or intcrioca! emit,.') ',','il! b:: u::abie to comply '.'.'it}: thc provisions the plan. i7'/ Th,._' Loc::! i/ou.,:x._: .-',.:;:-ds:ancz ['lan shall provide :'or the expenditure of Sl-tlP funds within 2'.I' ilic)i;:i:S Q',iiox~,i::2 t!::.' :::;:; 'i':M.' Ni;tic t-~-~ ' ' ' . ,io~.~1 ', ear in v.'nlc:', they arc received (3) Ti~c ;:,]a:~ ,:,-,:-- :;::. :,, :he Lc, cai r;,,x ............ '-',, ...... ,.;,,.,,~-,v., Plato. or that an a.'z.:cnCment :o Loc::! C, .. c .......... ';i c~ ............:..::::':.:::',c:,.si'.e Plrm w:i2 i:c "~:""t~''~ "? ':.' next available oppoauni:y to ins'ars ,-: ~--,-- -v,.;-i, ,:he' ,, H co,,.o ....... c ..... :.cc',J ousJnp. AssJstanc~ (9) .-k:uc::d::;t:ntz to 'he approved Local Housing Assistance Plan shall be provided to the Co:-poration w/th ,'- "! davs a~t.._'r adr):7::on. I:0) 'Ti:c trus~ A::~d sh:~.:l bc es:ablishcd '.~.~th a quaiificd depositor,.' for all SHIP funds as ``veil as ;i: )D'J'.'< UcaC,'"a[C~ J':'C::: ,:,.;~:', 111',2'5 .SUCh as iil[~."t..'St -J:.,'lltJzJ O;I IO?.F,.S. (121 Thc Iota! house::5 asslstancs trust fund she.' be separately stated as a special rc``'enue fund in the local Z. ovcmn,.cnts au'c~tcd financial s:ate:nents, eoF;es off :he audits will be forwarded to the Co~oration a:; soon ::s ..... l~ablc. (i S) :':n ixtcrloca! ,.::,.:i~v droll have its local housing assistance trust fund separately audited for each S- .' ~5 .... 1 - ~ .!~.. ,a,c ....:. '.'ca:..:.: ...... ::,;,:!~t forwarded to thc Co~oration as soon as possible. ........ ~ ..... Iiiiiii II ..... I II ...... IIIIIIIII II II I funds ,.,,'ill no: be pledL,.ed f~>:- debt service on bonds or as rent subsidic.:. Developers receiving assistance from both SHIP and thc Lo,.,,' Income Housing Tax Credit (L!i.{'I'C,'~ Progra..m shall comply ,.'.'~:h thc income, affordability and other LIHTC requirements. Sim:let!'.,', any units receiving assistance from other fcdcral programs shall comply whh all !:calera! 3J'~d SHIP program requirements. i. ',an~-.. shall be provided far' ,';e: :,.; :,; not exceeding 30 .years, e:.:cept for deferred payment loans i, ,:~ns that extend bevond 3(~ ', ts::::: ,.,, i~icl'~ continue to service eligible persons. :,:~,:',?.tcd with SHiP fund:; shall be monitored at least annually f o ....-~ ~q~.~ ,,. , ! "c:,~':, fo~ co~.,,.I ..... ,-... ','.~:!~ t,':~:::~! i~come requirements and affordability requiremcn~.s. Barbara B. Berry, Chairperson Type Name and Title Date " SECTION XII INTERLOCAL AGREEMENT I NTERLOCAL AGRE EF~ENT THIS INTERLOCAL AGREEMENT made and entered into this day of April, 1998 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of C';nnt:y Cormmissioners (the "County") and the City cf Naples, a mun~c:pa! corporation created and existing under the laws of the CouncL.~ (the "('¢.~t,/"' · ' !:':,:r]da, act:.'nq b'?; and through its City W]iERE.AS, Section 420. 9072 (~), Florida Statutes, (the "State Ho}.~ing~ ~- ]nitiatives Pn~t. nership Act .... SHIP") , authorizes moneys ~n t:h~ Loc:a] Governm~-~,, }{,-~,;sing Trust Fund (t. he "Fund") to be ~tt~tS, Co].iJe~ "~ ':r:' v :s an appreved Co,]nty and the City o[ Naples is an eligJbJe municipality within the County; and ~[~S, the County and City desire Co distribute SHIP allocations pursuant ~o Lt~is Interlocal Agreement; and WHE~AS, the tlc,,~:~'" ,-~:::J t. he C~t}' have deLe:mined Chat SHIP wherl ~' ~ ,.ne County and t i~,-~ City work coope::atively ~o add~ess the community's affordabJe housin9 needs. NOW, TIIE~FO~, ~-'O2 Arid IH COHSIDERATION of the mutual · covenants and agreements hereinafter set forth, the parties hereto agree as foZlows: 1. The City and the County do hereby agree that the moneys in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated between the County and Cit'? as follows: C~ t.y 10.94% County 89.06% For Fiscal Year, 98-99 the State a.llocated 10.94% of the SHIP funds to the City and 89.06% to the County. Therefore, no ].ess than 10.94% of the total allocation will be earmarked for the City of Nam!es :n any given year. These percentages ,~re based upon the Ja:~:ar'z 1998 SHIP program a]locat, io:: distribution schedule. The City o£ Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance ;..lea as defined in the July 1994 !nter!oca] Agreement adopted by Collier County and the City of Uap].es. 2. Ur~les$ earlier ~erminatecJ pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of moneys in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this .... ~_?__.~___ day of April, 1998 shall expire on the 30th day of June, 2001, unless at such time the City and County mutually agree to exten'~ this Agreement or 1 2" terminate said Agreement under the provisions of Section 8. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the moneys in the Fund in accordance with this Interlocal Agreement and au'..;?',or,,",". ,~.,~_~ o Corpora~.]on~ to rel'/ on their s~ated ~ntent and their au~hor~), to execute th~s Intertocal Agreement. 4 The mone:,. .... s~lbu~ed will be deposited in the below listed Depository Account or Accounts: Nations ?Sank Acctll 0000005193 The C,":~, ~ ,' : :.: will be notifie~ :.I any change. The DarLies agree ~o ha'.',:. :.;uch Account and Accounts audited annually a~.., required by.,,.~'a,.~t,,' ,',nd. Corporation Rule. II one account is mainEained ~or thc: parties hereto they agree ~o pay their p~o-rata share ot the cos,: ,~f :~r~ audit based on the same percentage as the ~,. Provid,:d ~!~: I:':Leriocai Agreement remains e~fective between the City ,-~n,! '~,~, Co,~nty, bo~h parties agree that they wili not do anything to jeopardize the other party's righ~ to receive ~Ls allocation ~om t.i~o Fund. i,. The parl i~" to this Agreement: understand that the 7. The parties to this agreement recognize the contributions of the joint City/County Affordable Housing Com~nission /AHC) and agree to appoint AHC members to the % Affordable Housing Advisory Committee in accordance with the SHIP requirements in 420. 9072 (2) (b) 4 . and 420. 9076 (2) , Florida Statutes and County Ordinance No. 93-19, as amended. The County's Housing and Urban Improvement office will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive admJ. nistratJon monies from the S}{IP allocation. Said adm,~nJstration allocation shall not exceed 10% of the total SHIP allocation in accordance with 420. 9075 (6) and County Resolution 98-.__/_~_~ _ 7'he County will establish, administer and audit a Local }{ousing Assistance Trust Fund in accordnncc with Ordinance f!o. 93-19, as amended and SHIP roql~t, rementn, in addit, jc~;~, the County will ,_ubmlt the required annual report on be~ - naif of the interlocal entities. 8. II at any time during the term of this Interlocal Agreement, the City or the County which are the parties to this Interloca] Agreement believe that the intent of the parties as set forth herein is not being acu,~:,,p~shed, or that the terms of the Interlocn] Agreement are not fair, such entity may, upon the giving ~ ninety days written notice, renegotiate the terms and provis]on:~ of this Inter[et:al Agreement to be effective on the first rJ,:y of Ih(', nexl' [is,?,,~ '/ear. If ti~e parties are unable to so renegotlate the term.n n:~,'! !-)revisions of this Interlocal Agreemen~ prior to the comm<,I~cement of the next fiscal }'ear, the noticing party shall cease to be a party to this Inter!ocal Agreement and this Interlocal Agreement shall terminate and be of no further force or effect as to such party and the ~unds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statutes. 9. If either party shall cease ~(. be eligible for allocation and d!stribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation. 10. For all purposes of this Interlocal Agreement, the term "Interlocal Agreement" shall mean this Interlocal Agreement. 11. Attached to th~s !nter!ocal Agreement are copies of the SHIP enabling legislation and the rules promulgated to implement same. Both parties acknowledge that the Statute arid rules are incorporated herein as if they were reprinted. 12. Attached to this Interlocal Agreement are copies of the Ordinance No. 93-19, as amended which creates the Collier ~ounty Housing.Assistance Program, establishes the Housing Trust Fund, and creates the Affordable Housing Advisor}, Committee in accordance with Florida Statutes and Florida Administrative Code. IN WITNESS THEREOF, the parties hereto have caused this ~PPROVED ~S TO FOR~ ~NB LEGAB SUFFICIENCY: H~Di ~ hS~ON ASSiStaNt COUntY ., ~greem~nt to be executed by their duly authorized officials. \ BOARD OF COUNTY COLLIER COUNTY, COMMISSIONERS FLORIDA BA~ARA B E R R Y, ~C H A I~HAN'~._~K~ DATED: ~./~ CITY OF NAPLES, a municipal corporation ATTEST: ARA A. NORlvtAN/'~:I-ff ~-~ERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: KENNETH B. CUY~,'E~TTORNEY BILL BARNETT, MAYOR County or COLLIER '.':,'.~%' '.,~:.[,.,~,~ ~ .:'.:-:" ~.~ ,'~"~T . .' '.--~"-, ,..; .'"/,... ~ State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan Program Information Sheet Progr~14 2 ~t Please complete [he followi/~g i,fort, otio,: LOCAL GOVERNMENT: ADDtTESS: Collier County Cl:rI-EFELECTED OFFICIAL: Barbara B. Berry, Chairperson 3301 famiami Trail Naples, Florida 341.12 TELEPItONE:(%i ). 774-8097 FAX:(941 CONTACT PERSON:_ Grog blihal ic ~, Pi rector, llousing ADDRESS: 2800 North llov.~;es},oo Drive 774-3602 Urban Improvement Naples, t"l or i d,~ 34104 TELEPHONE:(941 ).. 403-2330 INfERLOCA L A GILEEMENT: FAX:(941).. 403-2331 YES/NO (If yes, list other participants in thc interlocal agreement) City of Naples (The followi.g .5b,'~.o.o. mt,s/bcfi,'.,'.;.s'i:e/:o ~/'~c .4ge.cy before o.yfimds LOCAL GOXqEILNMENT EMPLOYER FEDERAL ID NU.M~3ER: 59-6000558 MA[L DISBURSEMENT TO: Collier County Finance Department: - CourL Plaza 3 ADDRESS: 2671 ,'~irp~1'l Rogld South Naples. Florida 34112 (3195) Attention: Kelly Jones 16A-- ('ONS'I'RI/{.i I'I()N, .MAIN I ENANt3E & ESCROW AGREEMENT I-'OR SUI%DI',,'I$|ON I.MPRC}Yi-3.~IENTS 'I ItlS ('ONSTRt'CI'ION. I~I.,\IN'I ENANC E. & ES,~ROW AGREEMENI* FC)R SUBDIVISION IMPROV£M EN IS AGREIJ}dENT :'Titered mia .:}'tis .,~:~. d~.¥ cf ~~.,,.L__. 199,~'oet'a'cen ll'at{'r~'a}'f Joint %"enrut¢ (herein',Pier "Develol:e:'}. :lie Board of Cour, ty Cor~:mlss,oner*, ~f Cellier C'ountv. Florida, (hereilmfter the "The Board"). an~ lit)ion .%'ational Batik o[ i"lnri#u (hero,ha(Itt "[.c;'r, Jcr") .a. De', ¢loi".er has. smml)anec,'jCy ',v~d', il',-, deh'.c)y oft?n~, Ag~¢cmc:;t. appli.,zJ for ~l',e ap~re,:M by :lee itcar.3 'I he qubl?,'iticmt.' ,,. ~' ~',c.h]de ccrhn.a m,provetr,cnt.; ,a hx,:h are reqtmed by Collier County. ordinances, as '*et foll}' ~n a s~te consl~uction cosl ctti~lkqle ("t{sltmMc"} prt'pz~ed h7 ~:tt[cr Engineeri,~g, l~tc., a cc,py of~vhmh is t. crcto and mcorF.~ralc,l he[c~:, ~s l'.xk~S;t I Inr p'J~scs of ~is Agreement, thc "Required Impro';ew~nm" are lindted 1o ~ost described i:~ tl~e Es:uno'.: $:¢I on: 3 2 ¢~5 6 arxl 3 ' ',~ ~. ,: ??.c (clhcr CoJn:y Sub,hx ~i[c,h Code DtvNmn cl 0m ULified [.anti Req I~tc(J n rtovem,,n'¢ Dc~ eloper and thc Board have azkno'...'led$cd :hat d'.c zn:oum I3evc[aper is requucd Io guar~r.).':: puts:mot :,) it',l> A?:~.-m,,:nl ~ ~'/1,314 ~5 ~nd ki~ air: ~unt r:'?,rest'n!> I ! 0°/,. et'thc Dc',tloper's engineer's esl:mJ:e oflhe confltuct:',n c.o'~ig (cf Ihe R.-'o.z;~re,l In;p:,~'. :~O\\', 'I HE[{} FOI.,t E, ],~ c,:,ns,gcr~ t.)), o: Ihe l;,reg~;pg pre:ni.,-:s a:~d :Imltial ¢,:,,.'e;la[~i.s ?,c:cuiaf:cr scl forlh. l')cvcl,',per, thc Board . and the; e:~,ler ,%) )',er:"',y t,.,'.'enan: and agree a~ 2. l)c','clc, per he:eh: ),ut?. ,:./e, I .':~At: ~', hold }2'71.314.05 from the Con~m]c6cn Lo.',~,, in etcr¢:w, pursuint 2. l.ehder agrees :c. k,,M m est r,'v,' $2'~1.314.05 fl,:.m the C'onstmctJon Loan. lo kc disbm~d only D)r;~,ant - - - ,., an fur. d. bul th2l ~n~ ~:lC'l fu)~d~ al are act ::!l',' dtsbt rs~ J. ~ h:':her pur,uant to Il:il Ag:con.ne. or a 71o'.':~{.3[1 o '[h: Constt JztK,~ 4 '1 he e~.z:'c,'.',,cc: £;mds shall ::.¢ released to tee Developer only ::po;~ ,':rltlen approval of Ibc Se)vices Dircc),~r '.vho slrail approt c tko :¢tca:.e of ibc !'t]n,~!s on de:'oq:l not nio)e :hah o):'.'e a ox)nm lo an~ouzttt duc for '.','u~k dc,~>e ~o dale based c,n ~he percer.):,,ge ,.:,'~rr~l}'aon o£the work mu[fip[i:d by thc respective '.xork costs Ic~ ten percer, t (10%). and full'.;..':. Ihar upon cc. repletion of )he :vork, t.I;c Devclopmer~l Ser;'~ces Dgcctc, r shMI apF. ro,.'¢ ~ele.,~e cf any rem:,,ncler of d'.¢ e.~c~o,,,t'd ft:nds ~':.~-pr to th'.:' e.',:tenl of $27~131.50 which ~hall rematn in eszrow a~ a L%':'el,.,~:r guar,ary of Ibc maintenance o.f the Reqmred Iml, iO,.Cments'for a mi:dmum p¢~io~ of one p;~tar.5~aph [,.1 of :he .'".grccmen) t lo'v, e'/e:. 'm :he evc);t lhtr Deve Iof:.¢r .,l,zll fad to comply w/th the requiren~:nts of Al~lee'n'.'nt, then the [.erLJer aFree:. Iz, pal/ t.~, L",¢ Cour. r?' in:n'.¢d~ately upon demand the balance c.f lee funds hold m e~cro'.:' by the L~n,!er. as at' 1}lc date o[ thc ,:cp'on,_'l. provided Ihil u['....'~; pa.kll'~cnl el =).:t:}l balar:cc t~) the ('M.)!itv,. l}';,c C, oun~y '.,.'ill D~rt,:I >r l) tlc ¢ fl¢Cl th,si: I of 3 Ca) D-"v¢lol,.Cr the m,."¢ than s~.~:)' [60) da),; afle~ 94;tten no:ificatmn cf such f:qlure has :~iled to compl7 .,',:Ih Ih." rcquiren:cnt~ of IF, is Agreen',enl (b) 'I he Cc~mLy. or l:.~ a .Jthorized agent, v,;ll comp'.¢te the ',,.ork called for tinder the tern't,: of Lhe above- mentioned contract or u.i:l comFle:e such pr, titan c.f at]ch work as th~. Co~mty, m ils sole discretion, shall deem necessary in the Ft. hhc interest to the extent c.f tl'.e fund~ then held m ,-,crow; ~c) 'lh¢ escrow fu:xJs dra',;,'n do'.vn bi,' thc County skall be used fi)r construction of tier Required f:npw,;'e:l~nts, ¢ngu:eermg legal and connnge-,: :..-,scs .~:',.:I expenses, and to offset any damages, etfl:er dirt:ct or corseqt,ent:al, wluch ,he Co:tory may sus:r:]n ~;n acct:ur-t of lhe tiff.ire cf the Developer to carry out an.4 execute ~lze above meaqor.~d d..';'dopn:¢r.t '.~'or'.,(: and Cd) lhe L'Cl:IttS. '.','lit pltrrl'4:Cl) :ep.t?' t'" th'.2' Leader an> pocuon oFthc funds drav..-ll (lo'.,,.:: and nc, t cxp,:ndcd La ¢¢,nlFt..' cion of' file said dc v< Iopm.:~: ,,, mk 5 ",Vrtllcn not]cc lo th: l.ende: b.', ;hc (',.,unit sp¢cif).qng who! amounts arc to lee paid to the Developer shall cc.n:t.V, lte auth~n;,at:on I:5 :he (.',,'.mt)' to 1!;-.' [ er, der f,'~r re',¢ase ol'lhe sp.-cilied funds to the Developer. Payment by the Lender to the Developer of the an'~;::r.;:, sl:eci'.ied '.r. a 1.et:er of au0:otization hi,' the County Fo flee I.etx4er ~?,all constitute re!ca'to by the Cccr, t;,' and l)cv..:'k>pc: ,',fthc [.vi:,:...': fl)r thc funds disbu]scd itt accordat:c.e with lhe letter of a'.::}',orizttior~ fi'o:n the Coua:y (:. [he reqm;ed ;;:'t:ro','¢;:;::1:$ ~hail ]:~,t be ce.ne:dared complete un~il a staten,e]:t of subslat:tial con:plot:on b;,' the Developer's engu:¢¢r Mon~' ;',,ith 171~_ li{l.li ?to.lc,.{ lecu;ds }iasc been furltislled to be revzcwed and of. proved by the D:velop;t:er.r Ser~'~ces D:reet,3r 10r o:mpl:ance ',xith the Collier Count'/O'.lb:tires:on Regulations. ': 'I he l)evelcp~nt Sep,~ces Dire:lot shall, ,,vith:n sixty (60) d.D'~, of receipt of the statement of subslat:tial completion, either: a) nc. lff? tko I)evelol:cr m '.~,Titing of Ns prelim:nar/ approval of'the improvements; or b) notify the Developer, m ;,.smog. of bls ref.:~a! 1o approve lmpro: :,-r, ents. therewith speci£)qng those ¢or..ditions which tko Devel3per n,~-t falfCI m order tn cblam thc [)lf¢ctor'*, zpprexzl of the tm~:o~,enlen~. Ho',,.~ver, m no e'/en: shall tee DeveloD'nent ger'.';ce~ Detecto; refi,~e pre'mrra.'y, appro',':l c>f the im?lcvem.-'.n/~ if t.hey are ia fact cor.~truc~ed a,'}J ~ubmirtet for a?pro','~l · ~. Shou!d :l-,e Iii': 'N i.el.t ir, esctc ~ be lr]iu!lic~ent t> complete the Required improvements, thc Board. a:'ter duly c.)ns:dcnng pubEc interest n~y at :Iq opt:on cc, replete thc Requked Impro','cnzents ~nd resort lo any and all legal ~em~d:es aga;nst I)~ 13e~elo~r 9. Nmhing in th:s A.~rccment shall make thc I.endcr liable .roe any Mnds other than those phced in deposit by the l"Xvelo?cr ~:: accordance '.q:h the tbregomg Frovision; provided, that the Lender does not release any morass to '.he Devclop..'r or to an~' other person excep: as stare(! m th~s Escrow Agreement. 10 The Developer shall maintaia all requited :repro', cments For a r::drtimu:n period of ouc (1) )'ear a prehnunary apFroval by the Development Self. lees Detector. After the one (i) year maintenance period by fl~e Dc',elo:,ar and bl..on SJblil;SSlOli ora ',.',rilL'ri request fc,r Ir. sport;on, FEe De~elopmen; Sera'lees Director shall m.~[.~cct :he Requirrci [n~rnvements and, :ffc, und to be sldl m comFliance wi:f, '.he Code as reflected by final approval by IEe Bc,~rd, the Lender's resleer, sib:li~ to the Board under this Agreement ~ termin,~ted. 'l he Developer's'respons;bfl:ty for maintenance o£the Required Improvements shM] c,.mtmuc ti:t/ess or unt)l Ihe Board acceFis maintenance re,.'ponsibJlity for and by the t ' All of :he tcnrk,~, :o,.enantq and cootie:ohs herein conta:ned are and shall be binding upon the Develop¢i an,t l.ender, and thc respe:t~xe successors and aqs!gt',~ or'the Developer and Lender. 2 of 3 P.~4 I"~ ',VII'NESS WI[t.~I(I-.'OF, the goor'J and ti3: D:v:loper h.v,'u cau.~d this Agrccmcn~ to be ex¢cmed by [heir dui',' ~udlor;xed represeno, tivcs th:s ~ day of. ~ ..... 199~ ' ,,WiIn~s$ tn V,,'alerw~y~ Joint Vcnrcrc. JJ o~[y'hV, F:7-- ........ WAI'F.R',VAYS JOIN'F VENTURE a Fie, nde P:.rtncrsh~p B)': WATERWAYS OF NAPI.F~c; LIMITF. D as GencrxI Parmer By: 'WATERWAYS DEYkLOP.MENI', INC. as General ~artncr/' ~ " ...... . - ; -{ ..,,.. ~ Richard Davcnpo'n President Witness to F~rst Umon Nat:trial Bank o[' Flori,4, - / ~ I(, ~1~ ~z . ', ''' , ,.,,k(~, .:~ ... .. .,, , ~ ~ A~d astra fo~ anti I¢gJl mff~i ney: Collxr ~u~' FIRST UNION NATIONAL BANK OF FLORIDA .:,, lb.- rt Fils Senior V/cc Presi.icnt BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORJDA 3 0/'3 CONSTRUC'I lO.N, Y, IAINTENANCE & IK~,(.'ROW AGRKEMEN'r FOR SUBDIVISION I.MPROVE.MENT,S '[HIS CONq'q'RLt(' I'[ON. MAIN'I~NA\'C'F, & E.~CRO%' AGREI.~JMENI' FOR. SL'BDIVISION IMPR¢)VEMEN AGREEMF. N I' er',teted in~o this x::~,?~, ay of ~, ,199~sbetween !l'ater~'a}'.~ Joint ~'ent,ur "Develcl:er"), th: Board ofCuutav CtSn~.'t'usitc.nezs nf(:'c, lli~r'~ountv Florida (MremaP, er the "The Board"). a:~d Fir.~'t Union :VatiottM Bonl~ o. l' i-7otid~t thereit'~ft,,r "l.el'~ler"). A. [3e'.eloper h.'-~, strr:..ultane,,, J,:ly ;',';th Ih-. delivery n£1h~s Agreen'v:nh appli:d for lhe a..-,pro','al t".? the ~qcard .cfa Cgllaltl plat ,..I- a ';ubdt','t;:or, l¢. be kno'.~, ts t?ater_q.,~}.~ o[,Ya£1e~ - Unit Three set fotlh in a site co:l~;ucHon cost e~t,n'.ate ("t~sHm~tc"} p:epired by 8~:~g?' EngSw~?~g~(~.. a c(>;,y of which is atlac}~.t ~,eteto and mcorp~ate,l heret:~ ~s ["x};~qit I For pu~p.osc~ cf IIlIS Ag;cow.eat, tko "Rcc. uired [mp:ovement(' ere ]:n'.i~ed to thos: dcscrthc,t ~:~ tl;c F~m~'a'.c ' 'Co'~:mct~rr. I ¢.,~n") t,;, fim,j ~hc O~Sl o~'the Req:;::ed Improvements " ' F f)e'.'eD, per and th.- Board ha,, t a:'~ no'., lodged th3l 1]~e a.q;ount Do,'elol.',er is req:Hred :o guarant.-e pt~rsuaar con,emotion co'4~; for the Reqt4red hap:o: crt.ct :~ NOW. 'I'tiFREFGP,[:. ncc, n~iteta,i:,n or'the .%:egn:rg premi:es and mut~al ct, vet. ants he~em'~ner set De','ct,'~per, thc B,~:q'd, and thc I eta:let do hcrcb.,' ,:o~ enart and agree as I. Develtq:,c:' '.'.:il cause the x~ate;, se',',er, load::, drain)age, ar:d hke l'~.cilit:¢s, ihe Re.:]uircd [n',plever~l:,q:.,, to be conmtxte.:l patsuar:t to sr, ec:ficat~o~i t!~at have beer; aFF.:oxed by th,: De','elopr-T:enl Ser:~ces Director '~.~.ilhlF124 morlt.~s ft,,tn the d,'l..: of ~pprot'al si;d .~ub, li'..~:: m plat -- ? l')e','elopcr hereby auth,',r~/e~i L..'~.~ .... .~ hold ~624,37.3.~30. from ,'he C'on~r.--a,:lien 1~ :he ~e~ns of thi~ Agreen'le~;! 2. I.ender ag:ee~ :o hol.t :n e~ctc,..v ~624.323.30 :'te.m thc Consm:ct:o~l l.oan. :o t~e dl.~msed o~15' pursuanl lo tkis Agrecr::cnt Lender ackno:vledges that l!H's A§reemenl shah no: cnr.~;tttute a dr':~',v .~gains~ Ike Cc, n~.tn~ction Loa;; fur:t/. but that only' su:'h funds as arc acr~a~l.,, d;sk~rsed whethzr p'a~st;ant t> t,h~s Agreen&,nt. ,.~r a prov;si,:,:~ of :he Conur.~ct~ m Loan. s. J:~ acel'uc H:tere~l. 4. 'Ibc cs.:rowed fund,, shall be released lo th:: Dzveloper onl? t.lr,ou written nppm'.'al of the Development Serx'~cet D:rcc~or who shall approve lhe rele.~e c.f tee funds on depos.t not more than once ~ n~nlh to tt~ Develo>er, a.~ut:~ due for work done to date based on thc perce~:t~g: compleHon of the work mulHp~ie.fl by the ~es~cHve 'ac.~k costs Ics~ ten percent ( 10%): an~ further, that upon cc. mplelv)n of :he woIk. 0lo l)c~'elop.menl Se~ v~ces Director ~k:~ll approve the ~elcasc ofar. y renxdader of:he escrowed fur:ds ezvep: t,) th.: e,:tenr of ~62.432.33 which shall remain m escrow as l)cveloFer ~mran:y of the maintenance of :he Require d I::~r rovements for a mia:mum pc riod of one (1) 3'ear pursuant paragraph !0 oflke Agreement. Ilowever. in :he et'rat that Develot~r shah fail to comply ~i:h Ihe r:qu{rcnr:n~s Agrce~r. enl. then t3~e Lender agtee31o pa~' I,) ~he County uv, n'ediately upon denmnd the balance of Ibc funds held :n by fl~¢ Lender, a~ ,ffthe dele o~ ~he dem.m,t, pr.arMed lhat u~c.n pa}:m'n~ ,ffsu:h balance :o the County, tee Cc.~nty have executed and fleh~cre~ ~,3 :he I er. der tr. =xcha:~ge fc.r gt,,:h fund~ a slatement to be ~g,<d by tl~ l)c~claomcnt Se~'.'~ces D~rec~.~r to thc cffec: that: ' I of 3 16/ - a (.b) Th: Cc.,unty. ar its authorized agent, w, II covnp!ete th,: '.tc:k ealle,! for ,oder the ten]',.,; of :he iibove- mcntl,::,m:d cor,:taet c.r ',,,'itl ¢ on.'plet.- iu,:h poi'lion c.,r su(h ',tork :~ l.'qe CotlnP/. in its sole d:scredon, shall deem r:eces~.',U' in the ruhllc interest to the e\lent of,he fun,It th~q held m ti,: row: (c) I he e:cB'r,v fln, ls d~,~n do'.,~ by thc Ccu:~t/fl:al! be used for car, st,~ction o£:he Required Improvements, eager, ce,tag, legal arid ¢c.t,6ngent :os~: ;n.:l expenses, ar, d to offse,' an7 deranges, eilher dit.,:c: or ¢or. sequent:a!. ,,vh,¢h the Count' ma.',' stls:.',in o;1 a,:cot. Br of !he failure oftl~e Dc',cloper t,'~ ealry om and exectHe Ihe 3bo','.o mentioned de;'e~opn;ent work. and (d) The County will ptemptly repay to the Ltnder any portion of the fJa~s dra'g,'n dawn am! not expended m co.'.pleticn of lhe sa,d do, elopment work. 5. Wr:l:cn no,ice to the Lender by fli¢ County speci£ying ,,:'hat iimounts a;e to ~ pard to l~: l}e~elo~r shah Lender to the Deve;oper ,~ft~ a,~u~; sF~cifie~ in a lc:tgi c. fautLori/atzoa by I~e County to t~ Lender ~hall constitute a ~elease bi' tl~ County and Deve'.opcr office I.endcr for tl~e funds d;sburs~d in acco, trine, cc ',vilh l:q0 lei~er of au.hot,zation from thc County. 6. The requ:l.-.d |mpro','emen~s shall ~c,t be c,?r.~idered c'omp]¢te tlnli: ii ~ra:emem c,r suh~liizvial cc, n',,~!¢:ion b/tTq: Developer's e~gineer along '~.ith the final project re:oMi hii',e been furnished to bc eerier, ed and approved by the De;'e]opmcnt Ser,,'i:e~ Director for ccrapliapce 'altll Ihe Coil:er Cour. ly SubdP.'ision RcgulaHons. 7. ] I.e DcveloFr4ent Sen'ices l.'mec~or shall, wi:bin sixE,, (~0) days of receipt of the stn~.en~nt of substamial completion, carD. er. a} noti~. IEe Developer i,l wrmng c.f his p~elinzinarv approval of ~he improvements: or bi notify t?,e Developer, iii '.tinting, of leis ~el'usal to aT. pro:'.- improvemer:~.~. :herewiPn sF,eci~'ing fl;ose conJilions ,.,,rhich ~he l)evelope.- m.ist fulfill in order to ob. tam the D:recmPs - the :mpr,:,vements. I[owe;'er. m no ,'.veal shall thc Development Se,vices Dirt:lot refu~e ~ ' ,,l:Froval ¢4 I-re,munar7 apr, tn., zl of d~e iaTroveme~:~s ;f they a:e m fact r. ol:slit.cled and xul~r:'ulled for :.,pproYal ~n zcc,J, ldaBcc ',,,ilh tile lcquifell'~HIS Of tills/'xgJt t,~le~lt. 8. ghcul'd IBc funds l'reld in escrow be m¢.,.,ff!c,-..n: ~o cc. rap!cie tl-.e Required h~l?:o'.'e:nents, thc Board. allot dt, ly considering lrublic intciest ~y at irs oF!ton complete tl~e Required Improvements and resort to an',' ~nd all legiil remedies ag.~inst Ih:: D:velope; · 9. No:l~L'~g in this Agrccn;ert~ shall make Ihe I.e;~der lJaF. le for any fonds other than those placed in deposit by the Developer m a¢,:ordanee w,h tke ft,c,s;oing pto:qsion; provided. '.hat tke Ix~oder docs not release any rr, oniet to ~he Dc,!elopc: or In ~r,y other per.so,~ ex:'c, pt as s'ated in t?:is Esoow Agreemenc I0. 'I he Develol.:er :k."ll mmr, t~in itl: .'equ~reJ ir.:?~o'.'en;er, tl for ~ rnmh~mrn Feriod of one ( 1 1 5'ear airier l:':ehm, nac, approval by tl~e l)evelopt'.~e:~: Se."x'iccs I)ireclcr. After t?.e one (I) ?'ear maintenance petio.:l by the 1):',.'elope~ and upon suhmissJc.n ora ~',rinea reacest for ir~sp..'.:.lk;n, tSe l)et elopn'.e~:t Services Dtrecl,:,r shall U~spezt the Required lmproven~:n:s ~r~i, if f'~,~x'l to be sllJl in .'ompliancc with the CtxJe a~ reflected by final npprovet by r.'spons:bfltty to d.c Board under ~!~i~. Ag~ceme;:: ,i term:no:ed '[ he Dcveh>p:r's responsibility, for n'.amten,'mce of the Requaed lmpr,)vements shall continue ut~l."~s er until the Board accepts maintenance responsibility for and b'/the Couut.v. 1 I. ' Ail of the te,'m.s, covenants am! ccmdihc ns herein contained are and ~halt be binding upon '.he De,,'clof¢} and l.el~,ier, acd II.e respe,:w,'e succe=sors ar:71 assiffal c.f d'.e Developer m;d Lcd:der. 2oi'3 SAN-I 1--99 MON - -4 IN WITNESS WHEREOF, the Board an¢,th: Developer have caused this Agreement to be executed by l.heit duly :uthodzed representatives this .,ff"X~ de)' of.A~l~__~, 19~. Wimess ~.o Walerway~ Joint Venrcr¢ ~.~, ~ff WATERWAYS $OINT VENTURE a Florida Partnership By: WATERWAYS OF NAPLES LIMITED as General Partner By: WATERVeAYS DEVELOPMEN-F, INC. as General Partner // /' Richard Da~'cnport President Witr. ess to First Union Nat:c, nal Bank of Florida ·, :,,,:. ~.%-,:?~.;. ",,:' ,, AT'rES J: ' ~ DWIGIiTE. BRO~K,,Clerk ~',., Depqtv'Clerk- ,.' ' ' ' A~est,,~:~ Chai~an s Approved as for fo~ and legal su~jency: tv ~]lxr ~tmb, Ancm:y ' N' FIRST L..'NIO. NATIONAl. BANK OF FLORiDA A15ea Fils Senior Vice President BOARD OF COU-NTY COMMISSIONERS OF COLI.IER COL'NTY, FLOR]DA 3of3 CONSTRUCTION. MAINTENANCE AND ESCROW AGREEMENT FOR SUBDiVISiON iMPROVEMENTS THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS AGREEMENT entered into this oo _day of July, 1998, between REUVEN HAIM BUILDERS, INC., a Florida Corporation, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board" and PENINSULA BANK, hereinafter referred to as the "Lender". A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board ora certain peat ora subdivision to be known as: SAPPHIRE LAKES. UNIT B. The subdivision ,.,,'ill include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Avirom-Tolton & Associates, a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.6.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated /~,,~ z'~,,/.r~-?~ (the "Construction Loan") to fund the cost of the Required Improver~efits. / '~ E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $79,898.00, and this amount represents 110% ofthe Developer's engineer's estimate of the constructizn costs for the Required Improvements. NOW, TIIEREFORE, in consideration of the foregoing premises and mutual covenants hereafter set forth, Developer, the Board and the Lender do hereby cevenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Service Director within 36 months front the date of approval of said subdivision plat. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County COmmissioners shall not approve the plat for recording until said improvements have been completed.. 3. Lender agrees to hold in escrow $79,898.00 from the Construction I,oan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the I)eveloper only upon writlcn approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $7,263.00 which shall remain in escrow as a Developer guaranty ofmaintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 ofthe Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development SeN'ices Director to the effect that: (a) Developer fi~r more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement: (b) the County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract, or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) the escrow funds drawn down by the County shall be used for construction ofthe Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct to consequential, which the County may sustain on account of the failure of the Developer to carD' out and execute the above-mentioned development work; and (d) the County will promptly repay to the Lender any portion of the funds drawn down and not expanded in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be aid to the Developer shall constitute authorization by the County to the Lender for release of the specified fund to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The required improvements shall not be considered complete until a statement of' substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Code. 7. The Development Services Director shall, within sixty (60) days of' receipt of the statement o£substantial completion, either; a) notify, the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall thc Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing pro,,4sion; provided, that the Lender does not release any monies to the Developer or to an,,,' other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements fbr one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission ora written request for inspection, the Development Services Director shall inspect the Required Improvements, and if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for ~d by the County. I i. All of the terms, convenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender-. IN WITNESS WHEREOF, the Board, the Developer and Lender have caused this Agreement to be executed by their duly authorized representatives this 0°7`- day of July, 1998. SIGNED, SEALED AND DELIVERED IN/THE PRESENCE OF: Printed or Typed Name Printed or Typed Name REUVEN HAIM BUILDERS, INC. A Flor~n President IN THE PRESENCE OF: Printed or Typed Name J.,--[: ;;.,,, -..> ,./~ ~, Printed or Typed Name PENINSULA BANK A Florida Bankin:orp_Tn ATTEST: DWIGHT E. BROCK, CLERK stgn~Lure on1.1t. Approved as to fom~ and legal sufficiency: David C. Wiegel Collier County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TRI AGREEMENT TO COMPLETE PHASE QTY UNIT PRiCE AMOUNT Sanitary. Sewer System: 8" PVC gravity main (0'- 6' cut) 337 LF 4' Dia. manhole (0'-6' cut) 2 EA 4' Dia. manhole (6'-8' cut) I EA 6" double service lateral 13 EA 6" cleanout assembly 13 EA TV inspection I EA 15.00 $ 5,055.00 1,050.00 $ 2,100.00 1,200.00 $ 1,200.00 275.00 $ 3,575.00 85.00 $ 1,105.00 700.00 5; .: 70Q./IQ Subtotal sanitary sewer Potable Water Main: Connect to existing watermain 2 EA 8" PVC C-900, DR- 18 watemmin 690 LF 8" PVC C-900. DR-14 watermain 60 LF 8" gate valve and box 2 EA Fire hydrant complete 2 EA Perm. bacteriological sample point I EA 3" PVC blank casing 110 LF Misc. fittings I LS $ 1,000.00 $ ] 2.00 $ 14.00 $ 500.00 $ 1,800.00 $ 750.00 $ 4.00 $ 2,000.00 Subtotal potable water 15" RCP 417 LF 18" RCP 150 LF C.B. (valley gutter inlet) 4 EA 15" concrete headwali 2 EA 18" concrete headwall I EA 2" F.P.L. conduits (install only) 260 LF $ $ $ $ $ $ Subtotal storm drainage I 1/2 asphactic concrete: 1st lift 3/4" asphalt 1757 SY 2nd lift 3/4" asphalt including prime 1757 SY 8" limerock compacted and primed 1757 SY 2' valley gutter 860 LF TEST 1 LS Balance subgrade/final grading I LS 18.00 22.00 975.00 850.00 900.00 3.00 2.00 2.30 5.20 4.20 400.00 1,200.00 Subtotal paving $ 13,735,00 2,000.00 8,280.00 840.00 1,000.00 3,600.00 750.00 440.00 $ 18,910.00 7,506.00 3,300.00 3,900.00 1,700.00 900.00 780,0~ $18,086.00 $ 3,514.00 $ 4,041.10 $ 9,136.40 $ 3,612.00 $ 400.00 $ 21,903.50 GRAND TOTAL 5;72;634.50 Wednesday, June 24, 1998 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS TillS CONSTRUCTION AND MAINTENANCE AGREE~IENT FOR _SUBDIVISION IMPROVEMENTS entered into this ~'tX-day of ..~.,~,.<.3~.p.;¢ 19/~j5__, bet;vccn TAYLOR WOODROW COMMUNITIES hereinafter referred t~)' as'"Developer", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "The Board". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board &certain plat of a subdivision to be known as Portofino at Pelican Marsh, according to the plat thereof recorded in Plat Book 24, pages 6 through 8, of the current Public Records of Collier County, Florida. 2. Division 3.2 of the Collier County Unified Land Development code requires the Developer to post appropriate guarantees for the construction of the improvements required bv said subdivision regulations, said guarantees to be incoqmrated in a bonded agreement for the construction of the required improvements. NOW, TiiEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: I. Developer will cause to be constructed: Infrastructure including drainage, water, sanitary, roads, code required landscaping within thirty-six (36) months from thc date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of FIFTEEN TIIOUSAND SEVENTY-NINE DOLLARS AND 85/100 (S15,079.85) Dollars which amount represents 10% ofthe total contract cost to complete construction plus 100% ofthe estimated cost to complete the required improvements at the date of this Agreement. 3. In the event ofdefault by the Developer or failure ofthe Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satishctory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall within sixty (60) days of receipt of the statement ofsubstantial completion, either: (a) notify the Developer in writing of its preliminary acceptance ofthe improvements; or (b) notify the Developer in writing of its refusal to approve improvements, therewith specifying those conditions which thc Developer ~lltlSt fulfill in order to obtain the Director's approval ofthe improvements, ltowever, in no event shall the Development Services Director refuse preliminary approval ofthe improvements ifthey are in hct constructed and submitted for approval in accordance w'ith the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one (1) year after preliminary acceptance by the Development Services Director. After the one (1) year maintenance period by the Developer has terminated, the Development Services Director shall inspect the improvements and, if found to be still in compliance with Collier Cotmty Land -2- Development Code as reflected by final acccptance by thc Board, the Developer's responsibility for maintenance shall continued until the Board accepts maintenance responsibility for and by the County. 7. In accordance with Division 3.2 of the Collier County Unified Land Development Code, the Developer may request the Development Services Director to reduce annually the dollar amount oftbe subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount ofthe subdivision performancc security shall be accompanied by a statement of substantial completion by the Development Services Director. The Development Services Director may grant the requcst for a reduction in the amount of the subdivision performance security for the improve~nents completed as of'the date of the request. 8. In the event the Developer shall fail or neglect to fi~lfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdMsion performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. 'I]m Developer, as principal under tim subdivision performance security, shall be liable to pay and to indemni~ the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequential, which the Board may sustain on account of the failure of the Developer to can.'y out all of the provisions of this Agreement. -3- 16fi6 . 9. Ali ofthe terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN WITNESS WlIEREOF, the Board and the Developer Agreement to be executed by their duly authorized representatives ,19 . have caused this this day of TAYLOR WOODROW COMMUNITIES, a Florida General Partnership Signed, Sealed and Delivered By: in the presence ot2 TAYLOR WOODROW IIOMES FLORIDA, INC., a Florida Corporation, a General Partner ~ ,/ _..-~a~ne 0A/:IET E. BOUC~ER ~--~JO ~n R. Peshkin, President Printed Name of Witness Printed or typed name Gall A. Shugart Pr/ted Name of Witness -4- Signed, Sealed and Delivered in the presence off By: MONARCtl HOMES OF FLORIDA, INC. a Florida Corporation, a General Partner Ka~qGARET E. BOUOqER John R. Pcshkin, President Printed Name of Witness Printed or typed name Gail A. Shugart Prited Name of Witness ATTEST: ~DWlGHT E. BROCK, CLERK Clerk' ..' , /' Attest'a, to ~,,~a3r.man $ $t'~oature only. ' -Approveo a~to fo~ and legal sufficiencs: ' David C, Wclgel Collier County Altomey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA File:C&MAPM -6- Relocation of %Vater and Wastewater Facilities for Const,'uction of US 41 from South of ~Iy,'tle Road to Immokalee Road and from lmmokalee Road to County Road 887 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this '~-//J~ da)' of ffe~4em/Te.e, . 1998, by and between the Board of County Commissioners for Collier Counly, Florida, a political subdivision of the State of Florida and [ex-officio the governing board of the Collier County VCater-Sewer District] (hereinafter referred to as the "OV~ ,~ER") and Tampa Bay Engineering, Inc., a Florida corporation, authorized to do business in the State of Florida. whose business address is 18167 U.S. 19 North, Suite 550, Clearwater, Florida 33764 (hereinafter referred to as the "CONSULT:\NT"). \V I TN E S S ETIt: WHEREAS, the OWNER desires to obtain the professional engineering services of the CONSULTANT concerning certain design services for Relocation of Water and Wastewater Facilities for Construction of US 41 from South of Myrtle Road to Immokalee Road and from lmmokalee Road to County Road 887 (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Proj'ect. -I- NOW, T}IEREFORF., m cm~qideration of the rmlmal co,.'cnants and pro,.'i,;ions ccmtahwd herein, Ibc par'tics AR FICLE ONE CONSI YI.'I'AN'FS RESPONSIBtI.ITY 1.1. CONSULTANT shall provide to O\\~ER professional engineering services in all phases of the I'rc, jcct lo which this Agreement applies. 1.2. Thc Basic Services to be pcrfl~rmcd by ('ONSt/I.T..\NT hcrcumler arc Scl £o~th in thc Scope of.Ncrviccs described m dclail m Schedule A. The total compensation to be paid CONSU[.T..\N'F bv ~he O\VNER for all Basic Services Is scl forth in Article Five and Schedule B. "Basis of Compensation". u,,hich is attached herclo and incorporated herein. 1.3. The CONSULTANT agreesmobtamand maintain lhr[mghout thc permd of this .,\grecmcnt all ::,uch liccnscs as; are r:quircd to do business in the State of Flor.la and m Collier (.'ounly. Fhmda, Including. bul not !imiIcd to. all licenses rcquirt*d by the rcspcct~v:: stale boards and ortner govcrnmcnlal agencies responsible for regulating anti licensing lira prof::ssional scr,.'~ccs to be prm'.ted ami performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, ',,,'hen the scr',.'~ccs la be provided hereunder rclale to a professional service vd,ch, under Florida Statutes, rcqufl'cs a license, certificate of auth,'~rization c,r other form of legal entitlement to practice such services, ~t shall employ ancVor retain only qualified personnel to provide such services 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional lo serve as the CONSUI.T..\N I's project manager (hereinafter referred to as thc "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of thc CONSI'I.TANT wilh respect to directing, coordinating and adminislcring all aspects of thc services to bc provided and pcrfimncd under this ,'\grccmc:-,t. \Vilhin five (5) calendar days from the Notice to Proceed issued by the O\VNF. R to the CONStJI.T.,\NT, tl~e CONSULTANT shall deliver to the OWNER a ,.vritlen statement, executed by the proper off'leers of the CONSUIFI'..\NT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSt;I.'F:XNT on all mauers arising out of or rclaling lo this Agreement. The CONSULTANT agrees that tl~c Project Manager shall devote v, halcvcr time is required 1o satisfactorily manage the services to bc 1.6. CONSULTANT agrees, v,'ithin fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by tile CONSULTANT, or any subconsultants or subcontractors or any personnel of any such st,bconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, v,'hom thc OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to tile O\VNI-~R that it has expertise m the type of professional services that will be required for the Project. The CONSUI. TANT agrees that alt scr..'iccs lo bt: provided by C¢)N.qt 7[.T..\NT ?urst'.ant t(~ ~his ..\gr¢cment shall be subject to the O'~k ,~ER's review and approval and shall be in accordance with thc generally acccptcd standards of professional practice in the State of Florida, as well as in accordance x..':th all published laws, statutes, r, rdinanccs, codes, rules, regulations and requirements of any govemmental agencies which regulate or have jurisdiction ovcr tile Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to ad¥isc OWNER regarding rcsolulion of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make a,.'afiable to any third person, firm or organization, without OWNER's prior wrinen consent, or unless incident to the proper performance of the CONSUL'FANT's obligations hereunder, or in the course of judicial or legislative proceedings ',,,'here such information has been properly subpoenaed, any non-public infomlation concerning tile ser-.'ices to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsuhants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates or'construction costs and Pro.jcct completion dates prepared by tile CONSULTANT. Said certifications shall.be in a form approved by the OWNER. I. 10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by thc CONSULTANT represent the CONSULTANTS best judgment as a design professional familiar with thc construction industry. Thc CONSUI.TANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by tile CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise anti modify Construction Documents and assist in the rcbidding of the Work at no additional cost lo OWNER, if all responsive and responsible bids exceed the estimates ol'constn, ction costs prcparcd by CONSULTANT. I. I I, CONSUI,TANT shall nnl be respnnsibl¢ for means, methods, technique.% sequences or procedures of constnlcfion sclcctcd by contractors or the safety precatmons and programs incident m the work of contractors. .,\ RTICI.E T\VO ADI)FI'ION..\I. SERVICES OF CONS( !I.'FANT If authorized in ',vriting by OWNFR. ('ONSU[.T:XNT shall fl~rnish or obtain from others Additional Sca'ices of ~he ~ypcs listed in Amcle Two hereTM. ]l~c'~e services ~x~ll be pa,t fi~r by OWNER as m(hca~cd in ..Xniclc Five and Schcciule B. Thc fol!oxving services, if not mhem'isc specified in Schedule A as part or Basic Scrx'iccs. shall be .-Xddnirmal Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished undcr this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Scr-.'ices rcsuhing from significant changes in tile general scope, extent or characlcr of thc Project or ~ts design including, but not limited to, changes in size, complexity, OWNER's schedule or characlcr of construction; and revising previously accepted studies, repons, design documents or Contract Documents ',,.'hen such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preFaration of such studies, reports or documents, or are due to an)' other causes beyond CONSULTANTs control. 2.3 Preparation and submission of information to and necessary consultations ,.,,'ifil thc Collier County Transportation Department, Florida Department of Environmental l'rotection, Florida Department of Transportation, South Florida Water Managemcm District, U.S. Army Corps of Engineers or other appropriate regulato%' agencies, in order to obtain necessary permits or approvals for construction oftbe Project, unless such permits are expressly included in Basic Services m be performed b.,,, CONSUI.TANT hereunder as set forth m tile Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's u,;c. 16B1 5 2.5. lm,'estigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing sen'ices of independent professional associates and consultants for othcr than the contract scrviccs to bc provided by CONSULTANT hereunder. 2.7. Sen'ices during out-of-town travel required of ('ONSt'I.T..\NT and directed by OqVNI']L mhcr than visits to the Project site or O X~'~'ER's office. 2.8. Assistance in connection wnh hid protests, rebidding or rcnegtmatmg contracts fi)r crmstruction, materials, equipment or services, except as otherwise provMcd for herein. 2.9. Providing any Lvpe of property sun'cys, aerial photography or related engineering services needed for the transfer of interests in real property and field sun'cys for design purposes and engineering surveys anti staking to enable contractors to proccect with their work and providing other special fickl surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided £or herein. 2.11. Preparing to serve or sen'lng as a CONSUI.TANT or witness for O\VNER in any lit/gat/on, or olhcr legal or administrative proceeding, involving the Project (except for assistance m consultations ,Milch arc included as par! of thc Basic Services to be provided here/n). 2.12. Additional sen'ices rendered by CONSUI.TANTS m connection with the Project, not othcr-,vise provided for m this Agreement or not customarily furnh, hcd in accordance with generally accepted engineering practice. A R'I-ICI.E Ttl REE O\VN E R'.q RESPONSIBIi. ITIES 3.1. The Owner shall designate in ',vr~ting a project coordinator lo act as OWNtiR's rcprescnlativc with respect to thc services to bc rendered under this Agreement (hereinafter referred to as lhe "Project Coordinator"). The Project Coordinator shall have authority ~o transmit instructions, receive info~ation, intc~ret and define O~k~ER's policies and decisions with respect to CONSULTAN]'s sen'ices for the Project, t{owcver, thc Project Coordinator is not authorized to issue any verbal or wriucn orders or instructions to the CONSULTANT that would have Ibc effect, or be intc~rctcd to have the effect, of modilb, mg or changing in any way whatever: (a) 'lqle scope of sen'ices Io be provided alld pcrfi~tmcd by Ibc CONS[;I. I'ANT hereunder: (b) '~c time the CONSI'LTANT is obligated lo commcncc and complclc all such services; (c) 'Ihe amount of compensation the OWNER is ,~bliga~cd or committed to pay the CONSUI.TANT. 3.2. ~e Project Coordinalor shall: (a) Review and make appropriate rcconlmcndamms on all requests subrmucd by thc CONS[ fI.'I'ANT fl~r payincnt for sen'ices and w~rk providcd and perflmncd m acc{]rdancc with th~s (b) Provide all critcrm and infom~alion requested by ('ONSULTANT as to OWNER's requirements fi~r ~hc Project, including design objectives and constraints, space, capacity and performance requirements, tlcxibility and cxpandability, and any budgela~ linulalions; (c) Upon requesl from CONSULTANT, assisI CONS['I.TANT by placing at CONSUI.TAN'Fs disposal all available information m Ibc OWNER'S possession pertinent Io the Projecl. including existing drawings, specifications, shop drawings, producl liIcrature, previous reports and any other dala relative to design or construction of the Projecl (d) A~ange for access to and make all provisions for CONSULTANT lo enter Ibc Project s/lc to pcrf(um thc sen'ices to be provided by CONSULTANT under this Agreement: and (e) Provide not/cc Io CONSUI.TANT of any deficiencies {*r defects discovered by the OWNER with respect to thc services to be rendered by CONSULTANT hcreumter. 3.3. CONSULTANT acknowledges tl~at access to ~he Projcc~ ~itC. tO bC arranged by OWNER i'~r CONSU[.'I~ANT, may bc provided during times that arc not ~}~e normal business hours of thc CONSUI.TANT. 3.4. OWNER shall be responsible fi~r t]:c acq.isition of all casements, propcr~y s~tcs, rigl~ts-of.,.vay, or other property rights required for the Project and for the costs thereof, including thc costs of any required land surveys in connection with such acquisition. ARTICLE FOUR I'IME 4. I. Sen'ices Io be rendered by CONSULTANT shall be commenced subsequent to the execution o£ this Agreement upon v, rittcn Notice lo Proceed from OWNIiR for all or an.',, dcsignatcd porti,m of thc Project and shall bc pe~ I'otmcd ami c{)mplelcd in accordal~ce with the Project Schedule attached hereto and made a part berc~ff as .qchedu]c ('7. Time is of II~¢ essence with respect to thc performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in thc ptosccuti~m or ctm~plcmm of ils ser','lccs as a result of unfl~rcsccablc causes beyond the control of CONSI.'LTAN'F. and not duc Io its own fauh or ncglcct, mcludir,g bul no: restricted Io acts of God or of public enemy, acts ofgovermncnt or oflhe O\VNER. fires, floods, epidemics, quarantine rcgulalicms, strikes or lock-outs, then CONSULTANT shall notify OWNER in ',,.'riling within five (5) winking days after cmmncnccmcnl of such delay, stating the cause or causes thereof, or be deemed to have x~atvcd any right which C()NSI.;[.TANT may have had to rcqucsl a tm~¢ cxlens~on. ,I..3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress tff CONSL.:I.TA NT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of/Is du~ lo perfom~ or give rise to any right lo damages or additional compensation from OWNER. CONSUI.TAN'Vs sole remedy against OX~%'ER will be the right lo seek an extension of time to its schedule. 'DUs paragraph shall expressly apply to claims for early completion, as well as cia/ms based on late completion. [>rm'/dod, hm~ ex'er. ~f through no fault or neglect of t}~c C'()NNUIJI'ANT, thc sen'ices to be provided hereunder have not been completed w~thin 365 days of the date hereof, thc CONSUI.TAN'I's compensation shall be equitably adjusted, wilh respect to those sen'ices that have not yet been performed, Io reflect the incremenlal increase in costs experienced by CONSULTANT after expiration of said ~venty-four (24) month period. 4.4 Should the CONSULTANT fail to'commence, provide, pcrlbrm or complete any ortho services to be provided hereunder in a timely and reasonable manner, in add/t/on to any other rights or remedies available to fl)c OWNER hereunder, thc O\VNF. R at ~ts sole. discretion and option may witbbokl any and all payments due and owing to the CONSUI.TANT until such time as thc CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the O\VNER's satisfaction that the CONSULTANT's performance is or w/Il shortly be back on schedule. A R. TICI.E FIVE COMPENSATION 5. I. Compensation and Ihe manner of payment of such compensalion by lhe OW'NER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B. cnfitlcd "Basis (ffComf~cl~sa im~". which is attached hereto ami made .~ part hereof. ARTICI.E SIX OXI"rN'ERSIIIP OF DOCL,'M ENTS 6.1. Upon completion or termination of this Agreement, all rcc~ rd~, doct meats, tracings, plans, spccifica oas maps. cvaluatioas. repons, computer assisted design or drafting disks and other technical data, other than winking papers, prepared or dc~'clopcd by CONSULTANT under this Agreement shall be delivered to and become the propcr~y of OWNER. C'ONSt ;LTANT, at ~ts own expense, may rc~ain copics for its files and internal use. OWNER agrees to mdcnmify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees incuged by ('ONSt;LTANT due to ~he OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluat oas. reports, computer disks and other technical data on some other proJect unless such use is authorized by CONSUI.TANT. 6.2. With respect to and in consideration for the indemnifica:ion provided by OX¥%TR m paragraphs 6. I. above, CONSULTANT agrees to pa)' to O~3,'.'N'ER S I0.00, the sufficiency and receipt of which is acknowledged through die signing of this Agreement. .ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT ',','ill keep adequate records and suppomng documentation which concern or reflect its scrviccs h':rcunder. The records and documentation w/Il be retained by CONSULTANT for a m/n/mum of five 15) ).'cars from thc date of termination of this Agreement or the date the Project is completed, whichever is later. OV~,'NER, or any duly authorized agents or representatives of OWNER, shall have the right lo audit, insl.;ect and cop).' all such records and documentation as often as they deem neccssarv during the period of this Agreement and during the five (5) 5'car period noted above: prm' ( cd h:~wcx'cr, such actix'~tv shall be conducted only during normal business hours. ARTICI.E EIGt IT INDEMNIFICATION 8.1. 'D~e CONSULTANT in consideration of $10.00, the su fficicncy anti receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER and/ts officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including auomey fees and all costs of litigation and judgments arising out of any 9 willful misconduct or negligent act, error or omission of the CONSUL'FANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to tile performance of this Agreement or work performed d~crct,nder. Thc consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agents by any employee of the named CONSULTANT, tlr an.,.' St, bconsuhant or Subcontractor, or anyone di~ectl.v or indirectly employed by any of them. The CONSULTAN'VS obligation under al'lis paragraph shall not be limited in any way bv thc agreed upon contract price as shown in this Agreement or tile CONSI.'I.T..\N'VS lmut of. ,~r lack of. sufficient ingurarlce ?rcqcctic, n. 8.2. CONSULTANT acknox,,Icdgcs that thc general conditions of any construction contract shall include language, satisfactory to the OV,,~ER's attorney, in v,'hich the contractor agrees to hold harmless and to delYnd O\\ .~ER, its agents and employees from all st, ts and actions, including attorney's fees, and all costs of litigation and judgments of anv name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Docuruents. insura~.c:: et'the types and in the amounts set forth in SCIlEDULE D to this Aureement. AR'FICLE TEN SERVICES BY CONSULTANTS OWN STAFF 10. I. The sen'ices to be performed hereunder shall be performed by CONSULTAN-Vs own staff, unless other~ ~se authorized in v,'riting by the OWNER. The employmen! of. contract with. or use of the sen'ices of any other person or firm by CONSt;I.TANT, as independent consultant or othenvise, shall be subject to tile prior written approval of the O\VNER. No provision of this ..\grcement shall, however, be construed as constituting an agreement bctv,'cen ~he OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such part.,,' or an',' third part), an.,,' claim or right of action against tile OWNER beyond such as may otilerwise exist without regard to Ibis A~;rcvnlent. 10 ARTICLE ELEVEN WAIVER OF CLAI*IS i 1.I. CONSULTANT's acceplance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising ot,t of this Agreement c,r ofllcrwise related Io thc t'rojcct, exccl'~t those previous!y made in writing and identified by CONSULTANT as unsettled at tile time of the final payment. Neitl~cr thc acceptance c,f CONSULTANTs sen'ices nor payment by O\VNER shall be deemed to bt a :vaivcr of any ~f O\\'NER's rights aguin:4 CONSULTANT. ,\ RTI('I. F. T\V [.~ [.V F. TF. RM INATI()N OR SUSPt!NSION t2.1. CONSULTANT shall be considered in material dcl':mlt of this ..\grccnlcnt .:ltlti S. flt'll dcfatllt will be con'~dcrcd cat,sc O\t'.'NER Io terminate this Agreement. in whole or in part. as fl~rthcr set forth in this scct~on, l;~r any of thc folio;x'ing reasons: fa) failure to begin work under the Agreement v,'itMn the times specified under the Notice(s) to Proceed. or (b) failure to properly and timely perform the sen'ices to be provided hereunder or as directed by OWNER. or (c) tile bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by an)' of CONSULTANT's principals, officers or directors, or (d) failure to obey lav,'s, ordinances, regulations or other codes ofconduct, or (e) failure to perform or abide by the terms or spirit of this Agreement. or (O for any other jl,st cause. Thc O\VNER may so terminate this ;\grecmcnt, in whole or in part. by giving file CONSULTANT seven {7} calendar days v.'rmen notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12. I above. ~t is dclermined for any reason that CONSULTANT was not in default, or that its dcfaull was exct,sable, or thai O\VN[iR otl~e~visc was nol eruillcd Io the remedy ag:,inst CONSULTANT provided for in paragraph 12.1.thenlhenoliceof'tcrminaliongivcnpt~rsuanttoparagraph 2.I shall be deemedlo be the notice of termination provided for m paragraph 12.3 below and CONSUI.T..\N'I's remedies against O\VNER shall bt tile same as and limited to those afforded CONSUL'FANT under paragraph 12.3 below. 12.3. OV,,LNER shall have the right to terminate tMs Agreement. in whole or in l',arl, without cause upon seven (7) calendar days written notice to CONSUI.TANT. In the event of such lermination for co,vcnicncc, ('ONSUL'FAN'I's recovery against O\VNER shall be limited to that portion of the fcc earned through the &tie of termination, together with any rctainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to tile termination, but CONSULTANT shall not be entitled to any other or further recovery against OB, q'gER, including, but not limited to. anticipated fees or profits on work not required to be performed. 11 12.4. Upon termination, the CONSULTANT shall deliver to the O\\'NER ail original papers, records, docu neats, drawings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or an5,, portions of the sen'ices to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of tile services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to ils schedule in accordance with the procedures set forth in Article Four herein. ARTICLE 'HIIRTEEN TRUTIt IN NEGOTIATION REPRESENTATIONS 13.1. CO~ SULTANT warrants that CONSUI.TAN'F }las not employed or ~c~amed any company or person, other than a bona fide employee working solely for CONSt'LTANT. to solicit or secure this ..\grccment and fl~at CONSULTANT has not pa~d or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT. any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055. (Si(a), Florida Statutes, the CONSULTAN'F agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other faclual unit costs supporting the compensation are accurate, complete and current at thc time of the Agreement. Tile CONSULTANT agrees that tile original Agreement price and any additions thereto shall be adjusted lo exclude any significant sums by which the O\\ ,'NER determines tile Agrcemen! price was increased duc to inaccurate, incomplete, or non-ct, rrcnt wage rates and other factual unit costs. All such adjustments shall be made within one ( 1 ) 5'car following the end of tl~is Agreement. ARTICLE FOURTF. EN CONFIA(W OF INTF. R F. ST 14.1. CONSULTANT represents that it presently has no interest anti shall acquire no interest, either direct or indirect, which v,'ould conflict in any manner with tile performance of services required hcrcundcr. ('ONSI ;I.TANT fl,rtbcr ~cprcscnts that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 12 15.1. No modification or change in this Agreement shall be valid or binding upon the part/es unless in writing anti executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be'given by thc ('ONSUI.TANT m thc O\VNi-~R shall be in writing and shall be delivered by hand or by United States Postal .qerx'~ce I)epartment, fhgt class marl scrvh'c, postage prcpmd, rcmm receipt requested, addressed to the £ollowing OWNER's address of record: Board of CounD. Commissioners, Collier Count), Florida Office of Capital Projects Management 3301 Tamiami Trail East Naples, FI. 34112 Attention: Ronald F. Dillard, P.E., Project Manager 16.2. All notices required or made pursuant to this Agreement to be given by the O\~, .'NER to the CO. SULTANT shall be made in writing and shall be delivered by hand or by Ihe Un/ted Stales Postal Sen'ice Departmcnl, first class mail service, poslage prepaid. return receipt requested, addressed m the following CONSULTANT's address of record: Tampa Bay Engineering, Inc. 18167 U.S. 19 North, Suite 550 Clearwater, Florida 33764 Attention: Nicholas 3I. Zembillas. Vice Pres/dent 16.3. Either party may change its address of record by written notice to the other party given in accordance with teqtnrements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER. shall promote the best interest oFO\VNt.~R and assume towards OWNER a duty of the highest tn,st, confidence, and fair dealing. 13 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSU[.TANT without ll~e pricer written 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a mod~ficatlon of the terms of this .Agreement. 17.5. The headings oft,he Articles, Schedules, Par~s and Attachments as contained in this Agreement are for thc puq>ose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles. Schedules, farts and Attachments. 17.6. This Agreement, initially consisting of 36 continuously numbered pages includi~g thc re£ercnccd Schedules and .,\ttacl:ments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth hcrcin, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPI.ICABLE LAW 18.1. Unless othe~vise specified, this Agreement shall be governed by thc laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States wt:en providing services funded by thc United States government. Any suit or action brought by either party lo this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. ! 14 IN WITNESS WHEREOF, the panics hereto have executed this Professional Services Agreement for engineering services the day and )'ear first written above. ATTEST: Dwight E. Brock, C~erk Atto.st .~?. to leg~fficiency: nl C~nty Atto~ey I?,OARD OF COUNTY COMMISSIONERS FOR COI. LIER COUNTY, FI.ORIDA, A POLITICAI~ SUBDIVISION OF 'FILE STATE OF FI.ORIDA [AND AS EX-OFFICIO TIlE GOVERNING BOARD OF TIlE COLLIER COtiNTY WATER- SEWER DISTRICT] Witness 'rampa Bav Engineering, Inc. ,Nicholas .M. ZembJllns, Vice l're:ident Witness '5 _(CORPORATE SEA SCtlEDULE A SCOPE OF SERVICES 15 Schedule A consists of the following component Parts: DESCRIPTION OF PROJECT I)ESIGN REPORT (Not :\pplicable) PRELIMINARY DESIGN (Nol Applicable) FINAL DESIGN ¢'ONSTRUCTION BID SERVICES (Not Applicable) CONSTRUCI'ION CONTRACT ADYIINISTRATION (Nol Applicable) DETAILED OBSERV:\TION OF CONSTRUCT/ON (Not Applicable) A.I. DESCRIPTION OF PROJECT. A.I.1. The project is to design relocations of Collier County Water and Waslewater facilities as nccessitaled by two Florida Department of Transportation (FDOT) projects for widening US 41 from .~outh of 31yrtle Road to hntnokalee Road and from Immokalee Road to County Road 887 (Old US 41). The project will include preparation of conslruction plans anti specifications, obtaining all necessary permits, preparing a Joint Project Agreement behvccn tile Counly and FI)OT for construction of the project and coordinating the project with FDOT and their road design engineers. A.4. FINAL DESIGN SCOPE OF SER\"ICES A.4.1. The CONSULTANT shall prepare water and wastewater utility relocation ptans to, meet Florida Department of Transportation (FDOT) JPA Utility Installation Highway Contract (UIHC) criteria. Plans must meet FDOT present plans preparation Manual (PPM) criteria, 1998 FDOT Standard Specifications and the current edition of the FDOT Utility Accommodation M'anual. A.4.2. A.4.3. A.4.4. A.4.5. The CONSULTANT will design the project to meet all Collier County Engineering and Construction practices and guidelines while meeting FDOT SPA design criteria. The CONSULTANT shall submit and obtain all necessary permits required for the construction c,f the proposed water and wastev,,ater facilities, i.e., FDEP Construction Permits and FDOT Right-of-Way Use Permit. The CONSULTANT shall develop a JPA Relocation Schedule that meels FDOT approval for sequencing tile highway construction preliminary contract duration. This schedule ',,,,'ill be developed with consideration of thc highway construction M'aintenance of Traffic (blOT) plan for accuracy and constructability. Coordination of the JPA Agreement documents ,,,.'ill be conducted by the CONSULTANT between FDOT and Collier County. A.4.6. The CONSULTANT will assemble and submit for FDOT approval the official Utility Estimate (Approved by the County). The Consultant will also develop the Construction Estimate for FDOT loading to the FDOT CES, then submit FDOT CES Green bar (Signed and Sealed). The CONSULTANT will coordinate any necessary arraneements with FDOT Central Office Estimates. ~ A.4.7. A.4.8. The CONSULTANT shall prepare and coordinate the necessary revisions to rncct approval in submitting the Technical Special Provisions for the FDOT Utility JPA Letting Package. The CONSULTANT will submit final water and wastewater design to roadway designer for incorporation into the Utility Adjustment Sheets. A.4.9. The CONSULTANT ',viii analyze other utility relocation design to insure coordination with other right-of-way users. A.4.10. The CONSULTANT will attend all necessary project status meetings, and conduct required field meetings. A.4.11. The CONSULTANT will provide copies of all correspondence along with a record set of the JPA Package. 17 A.4.12. The CONSULTANT shall assemble 'for approval by FDOT, the Official Engineers Estimate. END OF SCHEDULE A SCIIEDULE B BASIS OF COMPENSATION B.I.I. As consideration for providing Basic Sen'ices as scl flmh herein in I'arx A.4 of,C, chcdulc A, O\VNI:iR agrees to pay. ami CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule of Fees for Basic Services". B.I.2. Payment For Basic Sen, ices under Part A.4 of Schedule A shall be paid on a lump sum basis in accordance with set milestones as follows: (a) (b) tile A.4.a milestone shall be tile submittal to the OWNF. R of the final Contract Documents after O\VNER'S approval of detailed opinions of probable total Project and construction costs. the A.4.b milestone shall be the av.'ard of bids by the Florida Departmen! of Transportation. B.2 (Not Applicable) B.3. I. In no casc shall the lump sum figures on Atlachmcnt .,\ be exceeded without a change m thc scope of the project being approved by the Board of County Commissioners for Collier Count>, Florida [ex-officio as tile governing board of the Collier Cot,nty Water-Sewer District]. B.3.2. (Not Applicable) B.3.3. Payments will be made for sen'ices rendered, no more than on a monthly basis, w/thin thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority thc sen'ices ha:'e been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify thc sen'ices rendered and must be submitled in triplicate m a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services and Attachment B - Consuhant's Employee I lourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be tire basis for O\VNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE g. SCtlEDUI. E B - ATTACfIMENT A SCIIEDUI.E. OF FEES FOR BASIC SERVICES SR 45 (US 4 I) from south of Myrtle Road to Immokalee Road SR 45 (US 41) from lmmokalee Road to CR 887 (Old US 4 I) TOTAL Lump Sum S77,674.13 Lump Sum S79,166.34 Lump Sum $156,840.47 (Attachment Al & A2) (Attachment A3 & A4) (a) 75 percent of the lump sum amount shall be payablc upon rcaching the A.4.a miteslonc. (b) the remainder of the lump sum amount shall be payable upon reaching the A.4~b milcstone. 20 SCItEDULE B - Al-FAC} tNIENT A I L~ 0 TAMPA BAY ENGINEERING, INC. SCIIEDULE B- ATTACtIMENT A2 MISCELLANEOUS AND OUT-OF-POCKET EXPENSES SJate PtoJecl No. 03010-156~J W.P.I. t1~. 1114150 FA P. AedaJ Photography R~adway 0.00 Sheets x $ 0.00 - $ 0.00 PJght-ef-Way Maps "I'--O~0' SheeL~ x $ '~--0:00- - $ 0TO0' SUBTOTAL AERIAL PHOTOGRAPHY Aer~l(M~ 0.00 Sheets x $ 0.00 = $ 0.(30 SUBTOTAL AERbaJ. (),O~_AR) = ~; 0.00'] Phase I (30%) Ph4se II (60%) Pt)asa III Ph2se rv Brklge Bridge F1r. aJ I~r~sce~aneous (',JIJ~tie s) Totzl S~t~ TOTALS 11x17 Xerox Plots 5xll Xerox 0 0 0 SUBTOTAL REPRODUCTION Travel groin C4earwatef To Naples: Per Diem POV Rental To Bar~ow: Per Diem POV Renal To FL Myers: Per Diem POV Rental 0 hips ~-0- Lips ~t- trips '0' trips ~ 0 hips '0" Idps ~lY trips ~0 trips ~'2' trips ~'0' btps x ~0 people x __~ days.,'u'ip x O- people x per trip x ------300' rru'les x ..... S0.32' per rr~ x ( 0' d~/'u'ip x ~ / rtules x 0 people x , , da~ x 'O' people x per uip x rrules x $0'.25- per x (~l:F' days/u'ip x ~ / males x __0 people x ~ days.Adp x --~ rrb)es x" $0-25- petrie x ('~--0" dayiArip x ~ I SUBTOTAL TRAVEL per diem = $ 0.00 = $ --~00' = $ ------~6700- tale) = $ ~0~00- per diem = $ 0.00 = $ 0.00 = $ O.OO tale) = S O.O0- per diem = $ 0.00 = $" 0.00 rate) = $ 0.00 96.00J Shlpplog & Telephone ( 75.00 pages x $2.50 / page 300"~-T~-u~s x-' $(Z~Y I rrdnule 2~s(c~lO x .... $0720- / minute · SUBTOTAL SHIPPING. TELEPHONE A~D FAXES Miscellaneous Expenses Fl]rn (wldev~loplrrd) ( 10 diskettes x 1 I diskette) = $ Plots (Vellum) (-- v~llums x '" I v~num ) = $ Plots (Mytar) (-- rnTlars x' I mylar ) = $ $10.00 SUBTOTAL MISCELLANEOUS EXPENSES = $1o.oo1 C. ADD ( .__ hours x ,, I hour ) · $ Compeer (__ hours x ...... I hour ) = $ SUBTOTAL C. JtDD & COMPUTER · TOTAL MISCELLANEOUS AND OUT-OF-POCKET EXPENSES J:',DOC'~095-69.00',MISCi 568.WK 1 22 SCHEDULE B - ATTACttMENT A3 TAMPA BAY ENGINEERING, lNG. SC~IEDUI.E B - ATTACHMENT A4 MISCELLANEOUS AND OUT-GF-POCKET EXPENSES Stale Project No. 03010-1570 W.P.I. No. 111415:) F.A.P. No. ACSA-301-1(13) Aerial Photography Roadway Right-of-W~/)~ps 0.00 Sheets x $ 0.00 = $ 0.00 --'--"0700- Sheets x $-'"'"--lZgO~= $--------0700' SUBTOTAL AERtAL PIIOTOGP, AP~ = 5{-- 0.00 Sheets x $ 0.00 - $ 0.00 SUBTOTAL AERIAL (MYLAR) = o.ool ~ 11x17 Xerox PIo~ 8xll Xerox Phase I (30%) Phase II (60%) '--0- '0- --0' Phase Ill (90~) __0- '0' --0" Phase IV (100~) Bridge Flnal --~ --0- --'0- Misc~llaneo~ (lJ'~e s) 2~.T' --0- 730' Total Sheets Cost Per ~ 0 0 0 TOTALS "-'~66',00' ..... $[O0- ----~7~00" SUBTOTAL REPRODUCTION Travel from Clearwater To Naples: Per C~em POV Rental 0 trips x 0 people x daywlsp '0" Itips x --0- people x ...... per trip --r trips x --700- miles x --$0;32- per mile '0' trips x (--0" day.~dp x '--da~lyr-'F~- / m~s To Barlow: Per D~em POV Rental 0 ~ x 0 people x days.,14p --O' ~ x 'O' people x -- per trip -- Itlps x miles x ;~.'.2~' per mile --'0- ~ z (----'---'B- day~Jtrip x ~ / m~s To Ft. Myers: Per D~em POV Rental 0 trips x 0 people x dayWtrip --0' trips x '13' people x ---- per trip --2' trip$ x miles x *----~0~25" per mile --~' ~ x (--'0' days./Itip x ~ I rzGes x $ x $ x $ per diem = $ 0.00 = $ ....... 0700 - = $ tale) : $ per diem = $ 0.0rj = $ --iT. OW - $ 0.00 rate) · $ 0.00 per diem = $ 0.00 -- $ ..... '0700- = $ ..... OTOO- rale) = $ -- 0;[50- SUBTOTAL TRAVEL Shipping & Telephone ( 150.00 pages x $2.50 / page ~es x .... $0:50' I mtnule T{:~:~.es (c~ll) X --$0~'0- I minule SUBTOTAL SHIPPING. TELEPHONE AND FAXES Miscellaneous Expenses Film(w/developing) (~diskelles x .... / disketle) = $ Plots ('Vellum) ( vellums x / wllum ) · $ Plots (M~dar} (~ mylars x "' I mylar ) = $ SUBTOTAL MISCELLANEOUS EXPENSES CADD ( hours x I hour ) = $ Computer (-- hours x- / hour ) - $ SUBTOTAL C,,ADC) & COMPUTER TOTAL MISCELLANEOUS AND OUT-OF-POCKET EXPENSES J:U:~)C~OO95-~ 9.00~MI S C 15~8.WY, 1 SCtfEDULE B - A'ITACtlMENT B 24 CONSULTANTS EMPIoOYEE tlOURI.Y RATE SCtlEDULE (Sec Attachments Al ,q: .,\3) 25 SCttEDULE B - ATTACtlMENT C CONSUI.TANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DE'FA[I.ED OBSERVATION OF CONSTRUCTION) (Not Applicable) SCtlEDULE C PROJECT SCItEDUI.E 26 16[/1 The consultant shall meet the schedule established by the Florida Department of Transportation for the project. SCIIEDULE D IXSL'I~,,\NCE COVF. I~.,\Gti 27 (I) Thc amounts and types of insurance covcrage shall conform to the following minimum rcquircmcnts wilh thc usc of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall bc written for not less than tile limits spccified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commcncen'mnt of tile work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement. whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (I 0) calendar days after Notice of Award is received by Contractor'Consultant/Pro£essional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thi~y (30) days prior wriucn notice has been given to tile Owner. (5) Ail insurance coverages of the Contractor/Con. sultanv"Professional shall be primary to an)' insurance or self insurance program carried by the Owner applicable to fills Project. (6) The acceptance by Ov,,ncr of any Certificate of Insurance does not constitute approval or agreement by tile Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) Contractor/ConsultanffProfcssional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to tile limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. . (8) Should at any time Ire ContraclorlConsuhanffProfcssional not maintain tim insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the C'tmtractor for such coverages purchased. The Owner shall be under no oblig:~titm to purchase such insurance, nor shall it be responsible lyf thc coverages purchased or Ire insurance company or companies used. Thc decision o[' thc Owner to purchase st,ch insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued CcrUficatc of Insurance expires prior to the completion of thc Work or termination of ire Agreement, the Contractor,'Consuhant" Professional shall furnish to thc County, in triplicate, renewal or replacement CTcrtificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate thc Agreement. WORKERS' CO.MI'ENS..VrlON AND I-;.MPI.OYERS' I.IABI LITY Required by this Agreement? (check one) ",_~/Yes _~ No (I) Workers' Compensation and Employers' Liability Insurance shall be maintained by thc Contractor/Consultant] Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the la~vs of ti~e State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Rcqmrements b. Employers' Liability (check one) .4 S 100,000 Each Accident $500,000 Disease Aggregate S l00,000 Disease Each Employee $ 1,000,000 Each Accident S 1,000,000 Disease Aggregate $I,000,000 Disease Each Employee 1 (2) The insurance company shall waive ils Rights of Subrogalion against the O'.vner and the policy shall be so endorsed. (3) United States Longshoreman's and ltarbonvorkcr's Act coverage shall be maintained where applicable to the completion of the work. (check one) Applicable ~ Not Applicable (.~) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the v,'ork. (check one) Applicable ~ Not Applicable CO.M.MERCIAL GENERAl. I.IAIHI.ITY 30 Requircd by this Agrccmcnt? (chcck one) ~ Yes No (i) Commercial General Liability Insurance shall be maintained by the Contraclor/ConsultanffPro£cssional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less lhan five (5) years £ollowing the completion and acceptance by the O~,mer o£the work under this Agreement. l.imits o£ £.iabili~y shall not be Jess than fl~e following: (check one) General Aggregate Products'Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage 5300.000 5300,000 5300,000 $300.000 S 50.000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage S500,000 S500.000 SS00,000 $5O0,000 S 50,000 S 1,000,000 ~' Products/Completed Operations Aggregate S 1,000,000 Personal and Advertising Injury S 1,000,000 Each Occurrence $1,000,000 Fire Damage S 50,000 (2) The General Aggregate Limit shall apply separalcly Io tllis Project and the policy shall be endorsed using the fl)llowing endorsement wording. "This endorsement mod/tics insurance pre, vialed under tile following: Commercial General Liability Coveraee Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance rcqulrcd hereto ~s Issued or renewed on a "claims made" basis, as opposed to thc "occurrence" form. the retroactive date for coverage shall be no laler than the commencement clare of thc Pro_leer and shall pro'c/de that in the event of cancellation or non-renewal the Extended R.':pnrfing Per/od (Discovery Period) fi)r c/aims shaIl be no less than lhrec (3) years. (4) Tile Owner shall be named as an Adctiticmal Insured and thc policy shall be endorsed thai such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included/'or explosion, collapse or underground property damage claims. (6) Watercraft L/ability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) _. Applicable , .q__ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of S2,000,000 each c, ccurrcncc if applicable to the completion o£the work under this Agreement. (check one) _ Applicable ~ Not Applicable 32 PROI'ERT¥ INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carricd by thc Ov,'ncr i fappllcable. (check one) Applicable 4_.._ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully atnhorized lo do business m the State of Florida and in Collier County. property insurance in the amount of the initial Contract Sum as ,,*.'ell as subseqt~cnt modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless othenvise provided in the Contract Documents or otbep, visc agrced in v,'r/ting by all persons and entities v,'ho are beneficiaries of such insurance, until final payment has been made or t,ntil no person or entity other than the Owner has an last,table interest in proper'B,' required to be covered, wbiche,,'cr is earlier. This insurance shall include interests or'the Owner, the Contractor, Subcornractors, Sub-subcontractors and Material Suppliers in the \\'ork. (3) Properly insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended co:'eraee and physical loss or damage including, v,'ithout duplication of coverage, theft, v,'ind anti bail, vandalism, malicious mischief, collapse. falsev,'ork, temporaD. buildings and debris removal including demolition occasioned by enforcement of an.,.' applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and cxpenses required as a result of such insured loss. At the Owner's option, flood insurance ',,,'ill also be purchased. (4) The properv2. insurance provided by the Ov,'ner requires minimum deductibles and the Contractor shall pay costs not covered '. by the deductibles. The responsibility of the Contractor for an)' deductible associated with the all-risk pol/cy described above shall be · limited to a maximum of SI,000 for each occurrence unless higher dedt,ctibles are identified in Exhibit C of the Contract Documents. shall be limited to a maximum o£$1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This propetny insurance shall cover portions of the Work stored off thc site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 33 (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or hy lav,', ~,'. hich shall specifically ct)vet such insured ~bjecls dui img m',tallaliot~ ami until final acceptance by the Owner. If purchased this insura~ce shall include interests of the Ov,'ncr. Ccmtrac ar..qtff~contractors and Sub-subcontrators in the ",Vork. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and an.'.,' of fl~cir subcontractors, sub-subcontractors, agents and employees, each of the c, fl~er, and (2) Ibc Professional, Professional's consultants, for ,Jamages caused by fire or other perils to the extent covered by properly insurance obtained pursuant to this or c, ther property insurance applicable to the Work, except such rights as the)' have to proceeds of such msuran:e held by thc Ox~ ncr as fiduciary. '[]~c pc)holes shall provide ~.~. aivers of subrogation by endorsement or othcnvise. (8) A loss insured under Owner's property insurance shall be ad.juslcd by thc Owner as fiduciary anti made pas.able to thc Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the C'ontraclor shall be responsible for thc following maxmmn'~ deductibles per occurrence per paragraph (3) above. (check one) _ Ail Risk Policy - S1,000 maximum deductible All Risk Policy- Maximum deductible ors Flood Policy - S I.O00 maximum deductible .... Flood Policy - Maximum deductible of S AU'fO,MOBII. E LIABILITY INSURANCE 34 1681 Required by this Agreement? (check one)..._j__q Yes _ No (I) Automobile Liability Insurance shall be maintained by the Contractor, Consuhant,'Profcssional for the ownership. maintenance or use ofany owned, non-ov,'ned or hired vehicle with limits of not less than: (check one) Bodily Injury & Property Damage - S 500,000 Bodily Injury & Property Damage: S 1.000,000 (2) The Owner shall be named as an Additional Insured under the policy. USIBREIA.A I. IABII.ITY (I) Umbrella Liability may be maintained as part of the liability insur-ancc of thc Cont:actor/Const, ttant,'Professional and. if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and ..\utomobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that. in the event of the exhaust/on of any underlying limit due to thc payment of claims, the Umbrella policy will "drop dov,'n" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAI~ LI..\IIIIATY INSURANCE Required by this Agreement? (check one) ~ Yes No 35 (!) Professional Liabilil¥ Insurance shall be maintained by the Consuhant:Professional to insure its legal liability for claims arising out of the performance o£pro£essional sen'ices under this Agreemenl. Such insurance shall have limils of not less than: (CHECK o,~-) $ 500,000 each claim and in Ihe aggregate . .q._ $I,000,000 each claim and in the aggregate $2,000,000 each claim and in thc aggrcgale each claim and in the aggregate (2} Any deductible applicable to an), claim shall be the sole responsibility of the Consultant.:Profcssional and shall not be greater than 550,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than live (5) years following completion and acceptance of the Project by the Owner. END OF SCttEDULE D. IF. DUI. F. L: 36 'I'IU;'111 IN NI!GO'I IA'I ION CI~R'I'IFIC,,VI'Ii In compliance v,-ith the Consuhants' Compctmvc Negotiation Act. Section 287.055, Florida Stamlcs, Tamp:~ Ray l']ngineering. Inc. hereby certifies Iha! '.'.'ages, rates and other £acmal unit costs supporting tl~e compensation for fl~e enRineerin,.l s::rvices c,f fix: CONSULTANT to be provided under the I~rofc. ssion.~l Sc'rx'~cus ..\gfcemc ctm¢crnmg Reh~c:~ti(m of Water and W:,~te~vater Facilities for Conslr.cdon of US 41 from South of 51yrtle Road to Imm.kulee I,to:~d and from Imm.k:dt, e R.:~d h~ ('ountv Ro:ul ~87 are accurate, complete and current as of the t/me of'con:~nctmu Tampa Bay En~ineerinR. Inc. Nicholas Al. Zembillas, Vice President Revised: JUNE 3, 1997 AC JOINT SUPPLEMENTAL INTERLOCAL AGREEMENT BETWEEN LEE AND COLLIER COUNTIES : REGARDING ROAD MAINTENANCE OF BONITA BEACH ROAD, VANDERBILT DRIVE AND WOODS EDGE PARKWAY This Joint Supplemental !nterlocsl Agreement ~'Agreement), made and entered into this .. ,,~ day of .-~//_, ~ , 1998. by and between Collier County. a political subdivision of the State of Flodda, through the Board of County Commissioners, Collier County. Florida. the governing body of Collier County and Ex-Officio as the 9oveming body of the Collier Counly Water-Sewer District, hereinafter referred to as "Collier", and Lee County a political subdivision of the State of Florida, Board of County Commissioners. Lee County. Florida. the governing body of Lee County. hereinafter referred to as "Lee-. WITNE~ETH: WHEREAS, Collier County and Lee County, by and through their respective Boards of County Commissioners, entered into that cedain Master Interlocal Agreement between Collier and Lee Counties dated September 6, 1989 concerning the joint planning, design. construction and maintenance of road improvements within a specified boundary area of Collier County and Lee County; and WHEREAS, on June 19, 1990. and April 24, 1996, Collier County and Lee County. by and through their respective Boards of Counly Commissioners, authorized and entered into supplemental agreements to the said Master Interlocal Agreement for the preliminary design. final design, environmental permitting, right-of-way acquisition stages and construction relating to the four-laning improvements to Bonita Beach Road; and WHEREAS, Collier and Lee Counties have generally recognized the public need to N proceed with maintaining the road segments that are within the transportation boundary A9a 10-20-98 OR: 2482 PG: 2492 specified in the Master Interlocal Agreement; and WHEREAS, both Boards of County Commissioners expressed support for a road maintenance agreement for facilities along the county line. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt of which is hereby acknowedged and in further consideration of the mutual covenants hereinafter contained, it is agreed by the padies as follows: 1. Lee County agrees to maintain Bonita Beach Road four lane section, including the Vanderbilt Ddve intersection, from Hickory Boulevard to Vanderbilt Drive. 2. Collier County agrees to maintain Vanderbilt Drive from Woods Edge Parkway to Bonita Beach Road. Collier County also agrees to maintain Woods Edge Parkway from Vanderbilt Ddve to U.S. 41. Collier County's maintenance obligation shall not commence until Woods Edge Parkway is dedicated to Collier County and Lee County and accepted by Collier County and Lee County as a public roadway. Collier County's acceptance of the roadway shall be contingent upon the following items: a) Collier County shall inspect Woods Edge Parkway for conformance with the Collier County Land Development Code. If the existing condition of the road deviates or varies from the Collier County Land Development Code, then the Collier County Board of County Commissioners rnust approve the deviation or variance; b) An independent professional engineer shall review and cedify to Collier County and Lee County that the construction of Woods Edge Parkway meets or exceeds the minimum design standards; and. 2 · OR: 2 82 PG: 2 93 c) The owner of the Woods Edge Parkway who dedicates the roadway to Collier County and Lee County shall post a minimum one (1) year maintenance bond in the amount of ten (10%) percent of the estimated construction cost of the roadway. 3. Each jurisdiction agrees to allow the appropriate entity to maintain the road segments addressed above. 4. Lee County and Collier County staff wilt provide the maintenance level. applicable to the maintenance standards currently used in the respective counties. The maintenance activities are generally described as follows: street sweeping, shoulder, curb and gutter maintenance as required; pavement repairs; traffic sign, pavement marking and traffic signal operation and maintenance; bridge repair and maintenance; median landscaping: median and roadside mowing; cleaning of drainage pipes, catch basins and drop inlets as required; sidewalk maintenance and repair; repair, replacement, reconstruction and similar activities resulting from damage caused by accidents or natural disasters; and all other aspects of transportation facility maintenance. 5. The parties hereto recognize and agree that each county shall continue to retain the ability to control access unto the rights-of-way within their own respective jurisdiction. Each County will apply its own rules and procedures relating to access of right-of- ways upon its own road segments and land development reviews and approvals, 6. The parties hereto recognize and agree that either county has the ability to affect the progress of the road maintenance activities by the commitment of road maintenance activities funds. Should either Lee County or Collier County be unable to budget required maintenance funds during any fiscal year, the other county retains the right to OR: 2482 PG: 2494 proceed with appropriate maintenance activities on the condition that necessary funding is reestablished the ensuing fiscal year. This Joint Supplemental Interlocal Agreement is solely for the maintenance of the three road segments stated heretofore. Collier County shall own, control, maintain and be responsible for all Collier utility facilities. Collier County agrees that it will maintain and keep in repair or cause to be maintained and kept in repair, all of such constructed utilities within the right-of-way of Bonita Beach Road, and comply with all provisions of applicable law. Lee County shall not disturb or damage the Collier County utility facilities. 7. Lee County agrees to promptly notify Collier County in writing of any maintenance problems, questions, issues, emergencies, traffic accidents or other events concerning the maintenance and operation of Bonita Beach Road. Collier County shall notify Lee County of the same or similar items during the maintenance of Vanderbilt Drive and Woods Edge Parkway. 8. Within sixty (60) days of the execution of this Agreement, Lee County at its cost, shall distribute to the local newspapers and media a press release containing information advising the public that Lee County is the maintaining agency of Bonita Beach Road. Lee County further agrees to notify in writing the public emergency offices of Lee County's maintenance responsibility. 9. The parties shall retain their respective responsibilities for review of right-of-way permits for the highway corridor and shall process such permits in a cooperative and expeditious manner. 10. Lee County and Collier County agree to equally (50%~50%) share in the permitting, design and construction costs for the four laning improvements of Vanderbilt Drive OR: 2482 PG: 2495 t6B2 within Lee County. The parties agree to enter into a separate inlerlocal agreement which shall set forlh lhe obligations concerni;lg the four laning of Vanderbilt Drive. 11. The maintenance responsihil,,~ies of Lee County as set forth herein shall not impact and/or degrade the missi'.)r~ or mainte, nanc. e of abutting local streets which are maintained by Collier County 12. To the extent permitted by la,,'.., and as ':imited by .Section 768.28, Florida Statutes, Lee County shall indemnify a:d save C:o'.lier County harmless from any and all claims, liabilities, Icsses arid causes of actior-~ arising out of any act, error, omission or negligence of Lee County, its contracto,' or its agents or representatives arising from or incident to the Lee County duties and responsibilities under this Agreement. Provided, however, Lee County shall not be responsible for any and all claims, liabilities, losses and causes of action arising out of any act, error, omission or negligence of Collier County. its contractor or its agents .or r~preser~ta!;,,e..~. To /he extent pern',i,ed by la,,*,' ar,~i as !!rnited Cy Secticrl 768.28 Florida St.:~tutes, Collier County shall indemnify and save L6e Col]n[y h2. rmless from any and all claims, liabilities, losses and causes o," sction arising out of any act, error, omission or negligence of Collier County. its contractor or its a.rJe;'~ts or representatives arising from o;- ~ncident to the Collier County duties and responsibilihes ur~der ibis ,Agreement. Provided, however, Collier County shall not be responsible for any and all clam'~s, liabilities, losses and causes of action adsing out of any act, error, omission or ne.q',iger, ce of Lee County, its contractcr or its agents or representatives 13. This Agreement constitutes tP, e er,!ire ur~dersta','~ding between the parties, and any previous Agreements. whether ,.vril~en or oral. shal! be superseded by this Agreement. ~tONITA JS~, 5 *** OR: 2482 PG: 2496 *** 16B2 14. This Agreement may be amended only upon the concurrence of both parties and executed with the same formalities as this original Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by' their, duly authorized officers and their official seals hereto affixed, the day and year first above written. ATTEST: COLLIER COUNTY CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID'A, AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO AS THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT Collier County Attorney's Office ATTEST: ' CHARLIE GREEN, CLERK Depdty Clerk' BOARD OF COUNTY COMMISSI OF LE.E~COUNTY, FLORIDA ONERS Chairman APPROVED AS TO FORM Lee Co(~ Attorney's Office John C. Norris District 1 ~)irnothy L. Hancock. AICP istrict 2 Timothy J Constantine District 3 Pamela S. Mac'Kie District 4 Ba~ara B. Berry District 5 3301 East Tamiami Trai~ · Naples, Florida 3,1112-4977 (941) 774-8097 · Fax (941) 774-3602 September 8, 1998 Mr. Bill Barnett, Mayor City of Naples 735 8th Street South Naples. Florida 34102 RE: Surplus Properly, Section 3, Township 49, Range 25 Dear Mr. Barnett, The Collier County Board of County Commissioners, at their September 8, 1998 meeting, authorized me as Chairman, to express the County's interest in a parcel of land owned by the City of Naples. The parcel of land is located south of the existing North Naples Ground Storage and Water Treatment Facility which is south of Vanderbilt Beach Road and east of Goodlette Road. Staff is of lhe opinion that this site could be utilized by the County to accommodate future expansion needs of the existing treatment facilily. In addition, lhe site may be utilized to provide for a recycling drop-off center and serve as a mitigation site for on-going public works projects. The Board has been made aware that the City of Naples has declared the property surplus and, having advertised the property for sale, is currenlly awaiting bid opening which is scheduled for September 24, 1998. The Board of County Commissioners is respectfully requesting that the Naples City Council postpone or cancel the bidding process so that County slaff may have an opportunity to obtain formal appraisals on the property. The appraisal process will require approximately forty five (45) days. Once the appraisals are received, County staff has been authorized to negotiate with City representatives for the purchase of the property. The Collier County Board of County Commissioners and the Naples City Council will then have an opportunity to review any negotiated agreement. Please present this request to the City Council at their next meeting which is scheduled for September 16, 1998. On behalf of the Board of County Commissioners, I wish to thank you for your consideration of this request. Sincerely, Barbara B. Berry, Chairman Commissioner, District 5 cc: Bob Fernandez, Collier County Administrator Ed Ilschner, Collier County Public Works Administrator Sandra Taylor, Collier County Real Property Management Director This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of tho County Attorney 3301 East Tamiami Trail Naples, Florida 34 ! 12 (941) 774-8400 *** 2369768 OR: 2460 PG: 0434 *** RSCORDID in O~HC[A[ HCO~D5 of CO[LI~R CO~MTT, ~L 09/10/9B aL 09:llkg D~IGM? I. BROCR, RIC H! 6.00 COHli 1.00 !I? ~2i0 Property Folio No. #57872320000 SATISFACTION OF LIEN I<NOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNT%' COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Clarence Surrell Bessie M. Hovey P.O. Box 567 Prescott, AZ 000086302 The Lien was recorded on September 10, 1985 in Official Record Book O0115,1, Page 002005, in the Office of the Clerk of thc Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of One Hundred Twenty-Five Dollars(S125.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Marco Beach Unit 10, Block 348, Lot 18 Collier County, a political suhdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfimtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby clirected 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 and recording of this Satisfaction of Lien, by action of the Board this / :-~ day of_~-77~ _, 19,q~. ATTEST: DWIGHT E. BROCK, Clerk At~.~?...~s.,to' Cha Irman '$ s fgfl&t~.~e onlT. BO:\RD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2369769 OR: 2460 PG: 0435 *** 11CO~DID i: O~ICIA~ HCORDB O~ COLLIH COUIT~, ~L HC rll 6,00 COPIBS 1.00 lit ~2~0 , Property Folio No. #56667520003 .S, ATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Florida Properties % Richard Teibel 3 Hickory Place Schereville, Indiana 46375 The Lien was recorded on March 28, 1978 in Official Record Book 742, Page 413, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Thirty Dollars ($30.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Block 22, Lot 32, Unit 1, Marco Island Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier CounW, 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 and recording of this Satisfaction of Lien, by action of the Board this ;.Y~-'~ day of .~7/- , 199&'. ATTEST:' . - 'DWIGHT E. BROCKi Clerk signature only. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2369770 OR: 2460 PG: 0436 *** H/10/H at 09:11~ ~I~? ~. B~OCI, CL~[ ilo ~!! t. O0 COHIi 1.00 Retn: IN?IRO~HC[ i?H ~LOOR Property Folio No. #56666680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COI,LIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nichols Cerrito 1GO E St. Marks Place Valley Stream,N.Y. 11580 The Lien was recorded on March 28. 1978 in Official Record Book 742, Page 414, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. Thc Lien secures the principal sum of Thirty Dollars ($30.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Block 22, Lot 11, Unit 1, Marco Island Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the IAen. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recorr/[ing of this Satisfaction of Lien, by action of the Board this -:> "~ day of ::~'z: -/ 1995. ATTEST: DWIGHT E. BROCK, Clerk Signature O:;T ,- BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant Count}' Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2369771 OR: 2460 PG: 0437 *** HCORDD in O~HCIAL HCORDS of COLLIll COU~J, ~L 11¢ Fil t.O0 ¢0HI$ 1.00 Retn: INY~ROFFICB 4TH ~LOOR J-:,I) 1 ~ Property Folio No. #68041000001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Carlos Vila and Estclle V. Vila 3079 Poinciana Dr. Naples, F1 339,t2 The Lien was recorded on September 25,1992 in Official Record Book 1755, Page 000848, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the l)rincipal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 9, Block B, POINCIANA VILI,.-\GE. Unit # 1 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfimtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Boa,'d of County Commissioners of Collie,' County, Florida, acting through its Chairman. directs execution and recor/ding of this Satisfaction of Lien, by action of the Board this " .... day of -:,?' -;~- 19.q~. ATTEST: DWIGHT E. BROCK, Clerk *.t~:-.-.t as to Chair,rar,'s BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2369772 OR: 2460 PG: 0438 *** RI¢ORDID in O~HCI~ Ii~ORO$ o[ CO,MIl ¢OU~T, 0~/10/tl at O~:llM DWIGII'~ i. ~RO¢I, CLli[ 11¢ FIX l.O0 Retn: C~IRK ~0 ?HI Property Folio No. #62155920003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COI.LIER COUNTY, FLORIDA was the owner and holder ora certain Lien against: Rosa I)e Cra'es Teresita Mendez 7817 SW 119'h Rd Miami. FL 33183 The Lien was recorded on September 1 l, 1995 in Official Record Book 2098, Page 0176, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Dollars ($2,000.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 16, Block 9, NAPLES MANOR ANNEX Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels tho Lien. The Clerk of the Circuit Court is herehy directed to record this Satisfaction of Lien in the Official Records of Collier Coumy, 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 and recor4jng of this ' Satisfaction of Lien, by action of the Board this .~'-~ day of .f...~.-7'- , 1991~t / ATTEST: DWIGHT E. BROCK, Clerk /, ttest as to BO:\RD OF COUNTY COMMISSIONERS, COLLIER COUNrIW, FLORIDA This instrument prepared by: He[ali F. Ashton Assiztant County Attorney Office of the County Attorney 3301 East Tam[ami Trail Naples. Florida 34112 (941) 774-8400 *** 2369773 OR: 2460 PG: 0439 *** HC HI CO,IlS 1.00 ReLn: I~?llO~HCI ~?R ~LO0~ Property Folio No. #57741040000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE ['RESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COI,LIER COUNTY, FLORIDA was the owner and holder ora certain Lien againsI: Barbara K Hamory 205 Greenock DR Greenville, DE 19807 The Lien was recorded on March 27, 1997 in Official Record Book 2299, Page 1063, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier Count>', Florida, described as Follows: Lot 10 Block 284 of Marco Beach Unit EIGHT Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier Count>', Florida, acting through its Chairman. directs executi~on and recor}ting of this Satisfaction of Lien, by action ofthe Board this ,f'' dayof ,J~_._~z7" , 199~. / ATTEST: DWIGHT E. BROCK, Clerk At~.$t as to'Chafr,~an's ~;,~ture on]l;' BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2369774 OR: 2460 PG: 0440 *** HCODID i~ O~?ICI~ HCO~S o[ CO~UH CO~I, ~ ilC ~11 ~.00 ~z? ?240 Property Folio No. #57741040000 .SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ora certain Lien against: Barbara K Hamory 205 Grecnock Dr Greenville, DE 19807 The Lien was recorded on July 25, 1994 in Official Record Book 001970, Page 000680, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 10 Block 284 of Marco Beach Unit EIGHT Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Offficial 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 and recordzing of this Satisfaction of Lien, by action of the Board this .p' ;~ day of _ --/;-~.-.-~ , 199~. ATTEST: DWIGHT E. BROCK, Clerk ~,~,.e.~.as to Chab'~an's signature onl j,. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. #57741040000 *** 2369775 OR: 2460 PG: 0441 *** O9/IO/H ~t Ot:lt~ DVlG~ I. ~IOCl, CHi[ IIC 111 6.00 COPIBS 1.00 letn: CHR[ ?0 ?HI BOARD ~ SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT%', FLORIDA was the owner and holder ora certain Lien against: Barbara K Hamory 205 Greenock Drive Greenville, DE 19807 The Lien was recorded on June 9, 1994 in Official Record Book 001955, Page 002236, in tho Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: Lot 10 Block 284 of Marco Beach Unit EIGHT Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 thc Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this ]-r,' clay of ,-,/- ~, 7" , 199~. / ATTEST: DWIGHT E. BROCK, Clerk ~ttest os to .Ch~.f~an $ I~nature ont.~. BOARD OF COUNTY COMIVlISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. #57741040000 *** 2369776 OR: 2460 PG: 0442 *** HCOIDID in O~IClA~ II¢OEI o[ ¢O&~II! CO,ITT, ~ COPIi$ 1,00 lit 7210 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That thc BOARD OF COUN'~' COMMISSIONERS OF COI,LIER COUNTY, FLORIDA was thc o~vncr and holder ora certain Lien against: Barbara K Hamms' 205 Greenock Dr Greenville. DE 19807 The Lien was recorded on November 17, 1995 in Official Record Book 2120, Page 1991, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as £ollows: Lot 10 Block 284 of Marco Beach Unit EIGHT Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfimtion 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 and recouling of this, Satisfaction of Lien, by action of the Board this ,.P'~ (lay of .:~':7~' 199~. ATTEST: DWIGHT E. BROCK, Clerk At.s+. ~s to C~airman's stgnature'olil~. BOARD OF COUNTY COMMISSIONERS, COLLIEI{ COUNTY, FLORIDA C H~MA 1~ X 'X.- ~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2369777 OR: 2460 PG: 0443 *** O~/1QD! at O~:lltX DVIG~ I. HOCL lie fli ¢oMI~ 1,oo ., 72,° 1 6 01 Property Folio No. #577410,10000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT%', FLORIDA was the owner and holder of a certain Lien against: Bari)ara I{ Hamory 205 Greenock Dr Greenville. DE 19807 Tho Lien was recorded on April 8, 199(; in Official Record Book 2167, Page 1780, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if an>'. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 10 Block 284 of Marco Beach Unit EIGHT Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfimtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, tho Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .?r., day of..~.;~' , 1995. ATTEST: .DWIGHT E. BRocI{, Clerk ~.tt(~t ~'~' ~o ~h~r~an'~ BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA C Hz~I~I~iA N This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2369778 OR: 2460 PG: 0444 *** ~iCO~DID t~ OHICl~ IICO~D$ O[ CO~II~ COg~T~, ~IC ~!i COHIS CLlg TO ?~i H? ~2~0 Property Folio No. #57741040000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Barbara K Hamory 205 Greenock Dr G,'eenville. DE 19807 The Lien was recorded on September 16, 1996 in Official Record Book 2228, Page 2112, in tho Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 10 Block 284 of Marco Beach Unit EIGHT Collier County, a political subclivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of thc Lien and hereby cancels the 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 and record}lng of this Satisfaction of Lien, by action of the Board this. ,-~"~clav of --,,'z.,-~- 1991~. / ATTEST: DWIGHT E. BROCK;. Clerk / / / ~'ttest as t~'Ch~frean's BOARD OF COUNTY COMNIISSIONERS. COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774.8400 2369779 OR: 2460 PG: 0445 *** RI¢ORDID in O~?ICIAL O~/lO/g8 at 09:11~ D¥I~ I. Bi~I, CLlll RIC ~! ~. O0 ¢0~IIS 1.00 Rets: IITIRO~FI¢! (?H F~O0~' lit Property Folio No. #77262280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ora certain Lien against: Richard F. Mc Cullough 255 Cocohatchee Dr Naples, FL 33942 The Lien was recorded on March 27, 1997 in Official Record Book 2299, Page 1006, in the Office ofthe Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seven Hundred Twenty-Five Dollars ($725.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida. described as follows: Lots 43. Block 2, Trail Acres, Unit No. 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this f~ day of ~_-/' . 1998. /- ATTEST: DWIGHT E: BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNT%', FLORIDA ' CH~.4IlViAN ' This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774.8400 *** 2369780 OR: 2460 PG: 0446 *** H~O~D~D l~ OHIClA~ !1¢0~D$ Of CO~LI~I CO~, ~ R]~ Fi! 6.00 COPIiS 1.00 lIT 7240 Property Folio No. #35882600004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Douglas L. Smuder and Rhonda L. Smuder 58,10 - 18~ Avenue SW Naples, FI, 33999 The Lien was recorded on March 26, 1991 in Official Record Book 1601, Page 2295, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 15, Block 64, Part 2 Unit 2, GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfacticm of the Lion and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier Count>,, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County C(')mrnlssloners' ' of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of thc Board this ,?-' day of .,,~,-~?' __, 199~. / ATTEST: DWIGHT E. BROCK, Clerk /2/ . * .d,'''~' BOARD OF COUNTY COMMISSIONERS, COLLIER COUNqW, FLORIDA CH~MAN ' This instrument prepared by: Hcidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2369781 OR: 2460 PG: 0447 *** HC H! ~.00 ¢0H]$ 1.00 Property Folio No. #57364000003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNt' COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jorgc & Ange]a Ramos 350,1 SW 143rd Ct. Miami, FI. 33175 The Lien was recorded on June 22, 1998 in Official Record Book 2432, Page 2508, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Vim'ida, d-acribcd as follows: Ixn 7, Block 227, of Marco Unit Six Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of tho Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Satisfimtion of Lion, by action of the Board this d'"' day of .:;j.2 / , 1998. · ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2369782 OR: 2460 PG: 0448 *** HCO~D in O~HCIA~ HCO~O$ 0~/10/98 at 09:iIMi D¥IG~? I. BR0Cl, C%11£ C0?IIS 1.00 Retn: tLIR[ 70 ?H! 80A~D 817 Property Folio No. #577,16920002 SATISFACTION OF LIEN KNOW ALI, MEN BY TI{ESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS O1.' COIAAI,;I~ COLINTY, FI,ORIDA was the owner and holder of a certain Lien against: Luis Vazquoz Perez 15(;03 SW 85'h Ln. Miami, l"l~ 33193 The Lien was recorded on June 22. 1998 in Official Record Book 2432, Page 2520, in thc Office of tho Clerk of the Circuit Court of Collier County, State of Florida. Thc IAen secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued iuterost anti penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: Lot 10 Block 294 of Marco Beach Unit EIGHT a Subdivision Collier County, a political subdivision of the State of Florida, hereby ackno~vledges receipt of payment in full satisfaction of the Lien and hereby cancels tho Lien. Thc 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 tim Lien ceases to exist. IN \VITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this :.r-.-.: day of ._L~.,. 3'~ , 1998. ATTEST: DWIGHT E. BROCK, Clerk 'Atte'4tstgnat...as to Cbofk~n.s BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA C HA-~-MAN ' This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2369783 OR: 2460 PG: 0449 *** 0]/I0/9[ at O9:IItK DgIG~? l, BROC[, RIC ?l! 6,00 CO,IlS 1.00 ~I? 72t0 Property Folio No. #62573280007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNqW COMMISSIONERS OF COLLIER COUNTY, FLORID.,% was the owner and holder ora certain Lien against: [x)ckport Transport Serv Inc. % A Angelo Di Mille 107 East Ave Lockport, Nh' 1,t09,1 The Lien was recorded on March 27, 1997 in Official Record Book 2299, Page 1047, in thc Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 8, Block 19, Naples Park, Unit No 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels tho Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in thc Official Records of Collier County, Florida, to acknowledge tKat the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collie,' County, Florida, acting through its Chairman. directs execution and recorj~ing of this Satisfaction of Lien, by action of the Board this ./<'-'~ day of ,.& ~..f< __. 1998. / ATTEST: DWIGHT E. BROCK, Clerk Att~ as'tr, C~Mrman's signature on~j, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ..... : i This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2369784 OR: 2460 PG: 0450 *** RIC Il! ~.00 COPII$ 1.00 CLERK TO THE BOARD H? 724O Property Folio No. #5773(;8800¢)0 SATISFACTION OF LIEN IG~TOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ora certain Lien against: DIMARCO & DIMARCO 71663 Saint Andrews Rd.. Lake Worth, FL 33467 The Lien was recorded on June 22, 1998 in Official Record Book 2432, Page 2538, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. Thc Lien secures the principal sum of Two Hundred Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 21, Block 279 of Marco Unit Eight a Subdivision Collier County, a political subdivision of tho. State of Florida, hereby acknowledges receipt of payment in full satisfmtion of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier Count>,, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this. ~ day of -.[¢~.7~ , 1998. ATTEST: DWIGHT E. BROCK, Clerk ~,ttest ~i t.o..¢ signature BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2369785 OR: 2460 PG: 0451 *** 0~/10/98 at 09:11~ RIC [!! 6.00 COPII$ 1.00 ReLn: CLIRK TO THI BOARD H? Property Folio No. #62257720003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT5', FLORIDA was ti~e owner and holder of a certain Lien against: Mario Pino 6860 NW 75t St Hialcah. FL 33166 The Lien was recorded on May 6, 1996 in Official Record Book 2179 Page 0060, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Thirty-Five Dollars ($335.00), plus accrued interest and penalties, if an)', and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK 9, NAPLES MANOR LAKES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk ofthe Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to ackno~vledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action ef the Board this, J":'s day of .~ ~'7" __, 1998. ATTEST: DWIGHT E. BROCK, Clerk t, tted :.: t. ~r,~lrman'$ s~onature or, i/.' BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS MISCELI.ANI!OUS CORRESPONDENCE September fi. 1998 FOR BOARD ACTION: MISCELLANEOUS I'FEMS TO FI I.[.; FOR RlriCORD WI'I'll ACTION ~\S DII~.EC'I'EI): Clerk of Courts: Submitted t'or public record, purst~ant to Florida Statutes. Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period A. Augustl 0 through August 14. 1998 B. August 17 through August 21. 1998 Minutes: Ao Other A. Collier County Airport ~\uthorily/Agenda l'or August 17.1998.- Collier County 'Fax Collector - l~:rrors and Insolvencies list t'or tax )'car 1997 AGENDA ITEM SEP 08 19 8 Pg-, / memorandum Date: 8/21/199§ To: From: RE: Sue Filson Administrative AssistantB('C Genc~l Operations Manager Clerk's l:inancc [)cparlnlcnl Board of County ('ommissim~crs Disbursements Please find enclosed thc disburs,.',ncnts for the Board of ('om,y (',,m,nisdonc,-s l~b~Jl~.~,ef~.~d ..Xugt,st 10 through August 14. 1998. In accordance with [:lorida Statutes, Chapter 136.06( I ), we would request dwl these reports bc included as miscellaneous corrcspcmdencc It:, thc Board of ('otmtv ('ommissitmcrs and made par! the record. If you have any questions regarding this matter, plc;~sc tclci',honc mc al 77-1-,'-;4,";1. I'h:mk you your cooperation. RWB Attachments BCC VENDOR MANUAL WARRANT LOG 8/11/98 Grosvenor Resort 8/12/98 Sprint 8113/98 Floridians for Fairness 8/14/98 U.S.Postal Service 8/14/98 Freeman & Freeman AMQUNT 158.00 5,857.84 52,120.00 24,000.00 4,520.00 O_btECK # 463843 464359 464360 464361 464362 Lee Layne - Conference Correction Article V Public Education Postage HUI Home rehabilita[ion program BCC PAYROLL MANUAL WARRANT LOG DATE NAME 8/10/98 Sanjuana Hemandez 8/10/98 Marci Krumbine 8/13/98 Jesse Komomy AMOUNT 173.61 746.04 182.07 ~K# 187812 187813 187814 Lost Check Lost Check OVERTIME Date: 812611998 To: From: Sue Filson Administrative AssistanL'BC(' Robert W. Byme, CMA {~ General Operations Manager/Clerk's l:inancc l)cpamncnt RE('.E[VED RE: Board of('ounty ('omm/ssioncrs l)isbtHlSCmcllIs Please find enclosed the disbt,rsc,ncnts for tile [Ic, ard of ('()[lilt'.,' ('ommissioncrs for thc period August 17 through August 2 I, 1998. In accordance with Florida Statutes, Chapter 136.06(I), wc would request that these reports be included as miscellaneous correspondence to thc Board tH'County ('ommissioncrs and made part of tile record. If you have any questions regarding this matter, please telephone me at 774-848 I. Thank you for your cooperation. Misc. Corres: RWB Date: ']' Attachments Item,~ . Copies To: BCC VENDOR MANUAL WARRANT LOG DZ~T_E NAME 8/17/98 APAC - Flodda 8/18/98 Adolfo Gonzales 8/18/98 Wayne Arnold 8/18/98 Yvonne Chamber 8/18/98 Lee McCaskey 8/19/98 Charles Gable 8/21/98 AAA Intedm Reporting 8/21/98 City of Marco Island 8/21/98 Roetzel & Andress 8/21/98 William Smith, P,A. AMOUNT 51,532.44 6.00 6.00 6.00 6.00 350.00 92.40 8,403.84 5,268.82 1,200.00 464363 464364 464365 464366 464367 464892 464893 464894 464895 464896 BEAS._Q~ Airport project Witness Fee Witness Fee Witness Fee Witness Fee Shelter request - Social Services Reporting Fees Tax Collector wires Lega; Fees Legal Fees BCC PAYROLL MANUAL WARRANT LOG 8/21/98 Donald G Holt 8/21/98 Sal A. Soldans 8/21/98 Bernard F. Babb 8/21198 Barbara R. Komorny 8/21/98 Cheryl A. Wilson-Watson 8/21/98 Harold R. Goehenaur AMOUNT 1 O2,96 120,17 521.28 55.21 426.96 96.52 188590 188591 188592 188593 188594 188595 B. EAS OJ"J Special Merit Special Merit Correction Correction Correction Correction DATE: PLACE: TIME: COLLIER COUNTY AIRPORT AUTHORITY AGENDA 1 August17,1998 Marco Island Exect, tivc Airport. 2003 Nlainsail Drive. Conl'ercncc Room. Naples, FL l:00pm II. III. IV. Mo Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. Call meeting to Order and Quorum Check Approval &Agenda Approval of June Meeting and .lulv Special Nlccting Minutes Administrative I. Lease Waiting List Policy 2. BCC- Authority Lease 3 AnchorTennnt Leasirw Polio,' 4. Broker Fees 5. TDC Grant 6. FY 98-99- Budget-Capital Program 7. FY 98-99- Budget-Operational and Maintenance Program 8. Quarterly Financial Statements 9. Airport Authority Vacancies Misc. Corres: Date:_ Q'-,5' Item# :3/7 Copies To: Everglades Airpark 1. Runway Approach Zone Clearing Project 2. Department of Correction .-\greement 3. Turf Tie-Down Project 4. Sea Plane Slipaway Grant Airport Authority Agenda August 17, 1998 · Page 2 16G VI. Immokalee Regional Airport 1. Manufacturing Incubator Project 2. ETURA Manufacturing Negotiations 3. Declaration of Development Standards 4. Forestry Management Project 5. Blast Pad Project 6. Aircraft Apron, Lighting, and Beacon Project 7. AWOS Project 8. Havana Connection 9. Request for FBO Proposals VII. Marco Island Executive :\irport VIII IX. 1. Taxiway Project 2. Dufresne-l-tenry Taxiwav Nlitigation Ston'n'.'.'a~cr \Vork 3. Runwa.v Approach Zone Clearing Project 4. Contamination Soil Removal Project 5. Civil Air Patrol ttangar Project Old Business New Business I. Request for Proposals TDC marketing Plan X. Adjournment COLLIER COUNTY TAX COLLECTOR August 27, 1998 Misc. Cortes: Honorable Barbara B Berry, Chairman Collier County Board of Commissioners Courthouse Building F/3 Naples, F1 34112 Dear Barbara: Copies To: Florida Statute 197.492 requires t?',~% the Tax <:~.~]~ctor shall make out a report to the County Com~i:~sicners separately 3~.owing the errors, do~ble assessments and inf~olvencies for which credit given, including in every case except discounts, the name of the parties on whose account the credit is to be allowed. The "Errors and Insolvencies" list for the tax year 1997 is attached. This computer compilation has as its suppcrting documentation the Property Appraiser's Certificate of Correction form (copy attached , which is approved throughout the year. Instead of the name of the parti,~= .... :as stated in t:he St,,+''~o~e), we nave identified it by the eleven digit prcperty i¢lentif]cation number which is the same as the folio number on the Certification of Correct:ion forms. This Statute requires that you examine the ilst and approve or disapprove it. We will appreciate yr~ur respcnse. Should you have any questio.hs, please contact me. Sincerely, Collied/County, Florida tot Encl. Cc: M. Welsh COURTHOt.ISE.RLDG C-1 · NAPI F'_fi Fl OR1DA ~4~ 1p-.~qq7 Date: B 'k/Pg: ABE SKINNER, CFA CERTIFICATE OF CORRECTION FOR 19 COLLIER COUNTY TAX ROLL ~;, ':j ~. ;~!' Sections 197. I ] 1 a nd 197.122. F.S. !; ..... And Chapters 12D-8.021 and 12D-13,006(2} F.A.C. O Real Property UI Tangible Personal Property Folio: E&I #: / Mill Code: Land Usc: Assessed To: Should Be Assessed To: Description: Correct Description: The Initial Assessed Valuation Market Value: The Correct Assessed Valu;lfion Is; Market Value: Assessed or Classified Use Value: Exempt Value: Taxable Value: Penalty (TPP): Initial Total Tax: Assessed or Classified Use Value: Exempt Value: Taxable Value: Penalty (TPP): Corrected Total Tax: (Check if applicable) _ A material mistake of fact relating to an essential condition of the property is being corrected within sixty (60) days of certification of the tax roll v,'hich occurred on , pursuant to s.197. 122(3)(b) F.S. Reason(s) For Correction Correct N&A Combined w/Parcel # Doubled w/Parcel# Adjust Value Adjust Square Feet Adjust No. Of Res. Units Adjust/.2nd Use Land Correct Property Desc"ription Please Explain Reason(s) for Correction (use ndditio,ml sheets ir necessary) Add to Roll Delete from Roll Ercmptions: l IX Widow(er)s Disab --'Wholly Bldg. Misc, TPP Allow Ag. Classification Adjust Lot Size Adjust Acreage Capped Assessment 'Adjust No. Of Lots --Back Assess Curtilage Change Improved Res. Commercial Other Abc Skinner, Property Appraiser i:':" By Deputy:. Received by Tax Collector Date I I I t I · · ! ! ® · i ..dO I ! I e- o ~. o g ': · . ; · t COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the B~ard: Please place the foHowin~ aa a: ~ X[~] Normal legal Advisement [] Other. (Display Adv., loca~ion, ac.) Originaing Dept/Div: Depi of Revcnue/SuI~rt Services Person:Teresa Rie:scn Dat~: g/11/98 Pelition No. (If none, ~ briddescrit~on): I~tioa~. (lq~-x~ & Address): Name & Ackh-~ of any person(s) to be noti,fied by Clerk's Office: (If more space is needed, attach separate Hearing beffore XX BCC BZA Other Requested Hearing date: (Based on advextisemcnt appearing 10 days before hearing. Ncws~per(s) to tx: used: (Complet: only ffi~rtant): Proposed Text: (Incluck: legal description & common location & Size: Sec Attached Companion petition(s), ffany & txoposed hearing datc: Does Petition Fe~ inclucic advcrtising cosI? [] Yes [] 1O203O Division H cl List Attachments: No ffYes, what account should I~ charged for advertising costs: 510- p,l~ ,TRmlYr~ON INSTR~CTION$ Initiatin~ person to complcte one coy and obtain Division ~ead approval before For hearings before BCC or BZ.A: submitting to County Manager. Nete: If legal docnment is involved, be snre that any nexeaaat7 legal review, or reximea for same, is submitted to County Attorney before mbmitfing to County Manager. The Manager's otlqce will distri~ [] County Mana~r s~enda fde~ to Cierk'z [] B. Other hgaria~s: lnifi__~fing Division ~ to al:p-ore ~ submit original to Clcfi;'S Of-iCg, rtliia[ a ~ for FOR CLERK'S OFFICE USE ONLY: ?~/ Date ~ ~ Date of Public hcarLng: RESOLUTION NO. 98 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipal Service Benefit Ur~it as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 8, 1998. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~ The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Wa3te Di3trict No. I Municipal Service Benefit Unit Preliminary Assessment Roll, as to the ar, lounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 1 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid wasle collection and disposal services for Solid Waste District No. 1 Municipal Service Benefit Unit for FY 1998/99 is $110.26 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited propedies are described and set fodh in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit Al The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roil) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1" of each subsequent year. _SECTION TVV0, Such assessments are hereby found and determined to be levied in direct propodion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are 17A- 17A located within the Solid Waste District No. 1 Municipal Service Benefit Unit which is more particularly described as follows: LEGAL FOR DISTRICT ONE. Beginning at tho intersection of the North line oF Scction 6, Township 48 South, Range 25 East also known as thc l~e-Collicr (]eunty line and the eastern shoreline o[ the Gull or Mexico; lhence East along said l~e-Collicr ~unty line to tim northeast corner or Section 12, Township 48 South, Range 26 East; thence South along the easterly line o¢ Range 26 East, Township 48 South ~o the southeast corner o[ Section 24, Township 48 South, Range 26 l~asl.; thence east along tho south line of Sections 19 and 2f), Township 48 South, Range 27 East Lo the southeast corner o[ Section 20; Lhemz~ north along thc cast line of Sections 20, 17 and 8 or'rownship 4s South, Range 27 East I.o the sonthcast corner of Section 5, Township 48 Snuth, Range 27 East; thence oas~rly along tho ~uth ]inn of Scctions d, 3, 2 and I oFTownship 48 Scud], Range 27 East to the southeast corner orSection I, Township 48 South, Range 27 East; lhence north along the east line orSection I, '['ownship d8 South, Range Z7 [';ast.; thence north along the casL line o[ Sections 36 and 25, Township 47 South, Range 27 l';ast te dm soudmast corner o[Soction 2,1, Townshil) 47 South, Range 27 Eastl thence easier y a cng the south line o~Seetions 19, 20 and 21, Township ,17 South, Range 28 East Lo the southeast iz)rner o¢ Section 21, TownshiI) ,17 Smd.h, Range 28 East; them:e ~mthorJy along tho west line or Sections 27 and 34, Township ,17 South, Range 28 East and continuing southerly along the west line oF Sections 3, I0, 15, 22, 27 and 34, Township 48 South, Range 28 East; thence ~)uth along tho west linc o~gections 3, 10, 15, 22, 27 and 34, '['owns]dp d9 South, Range 28 East I.o [he southeast corner o[ Section 34; thence caslerly along the south line or Sections 3,1, 35 and 36, Township 49 Smith, Range 28 East; thence east along tho south line of Township d9 Smd. h, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 3G, Township d9 South, Range 30 Bast, being also the ~n~rline o~ Alligator Alley (l-75); thence continuing easterly ahmg the cen~rline (ff Alligator Alley (l-75) [o the northeast corner oF Section 4, Township 50 Soulh, Range 31 I~ast; thon~ southerly along the east ~ction line of Sections 4, 9, 16, 21, 28 ami 33, Township 50 South, Range 31 East; thon~ soudmrly along the ]~ast ~ction lino orSecLions 4, 9, 16, 21, 28 and 33, Township 51 South, Range 31 I~asL; dmnce southerly along the east section line o¢Soctiens 4, 9, 16, 2l, 28 and 33, Township 52 Seal. h, Range 31 East; dmm:e sontherly along thc east sectien line orgections 4, 9, 1(;, 21, 28 and 33, Township 53 South, Range 31 East Iz) tho Co]lmr-Monroe counl.y ]me; thence wesierly ahmg tho said cmmty line to the easterly shoreline of the (lull ~f Mexico; thence Westerly and Nordmrly ahmg the waters of the (hdf of Mexico to tho Ixm-Cellior c~unW line being the north line of 8m:l.im~ fl, Township 48 South, Range 25 ]';as[ and being the Point or Beginning. l~ss and excep[ all the lands kraal.ed wlthill the corporate limits er d~e City o~' Nal)les and Everglades CiLy. Also, less and excep[ dmso barrier islands as described in Ordimmce No. 90-30, as amended. SECTION THREE, Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. 1 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632' Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. , SECTION FOUR. The assessments shall be final and conclusive as to each lot o¢ parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken iD a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of Ihis Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from Ihe date of confirmation of this Resolution of Ihe same nature and to the ~ame extent as t~e lien for general ~unty taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SlX, The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A", in the Official Records of Collier County.. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION. SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this __ day of , 1998, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal su.~iency: David C.,~eigel / County[Attorney -- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN t OF PAGES : -' (including this cover) ii1111111111111111111111111111111111111111111111111111111.111111 liilililliillllllllililllllllllllllllllllliliilllllllllllllllll LOCATION: PHONE'NO: ELLIE BOFFHAN - HIRIr~S & RECOR/~S Collier County C~6rthouse (S13) 774-8~08 , (813) 774-8406 IOaEe Time sent: 17A- ' ' August 13, 1998 Ms. Judi:h Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Preliminary Assessment Roll for Solid Waste District No. i Dear Judi: Please advertise the above referenced notice one time on Friday, August 28, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Encl. Acct. ~510-t02030-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Co~nissioners of Collier County, will hold a public hearing on TUESDAY, September 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 a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utlizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance No. 90-30, as amended. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) 17A Naples Daily Hews NapLes, FL 33940 Affidavit of Publication Naples 0ally Hews BOARD OF COUNTY COMHISS%OHERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 5101020306491 57740110 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves es the Assistant Corporate 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 o~ dates listed. Affiant further a~ys that the ~aid Nalate~ OaiLy 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 seconcl class mail Mtter at the post office in Naples; in said Collier County, Florida, for · 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 proaised 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: 08/28 AD SPACE: 66.000 INCH FILED ON: 08/28/98 Sworn to and Subscribed before me this /,,~/ day of: U11U oRolIoui~ J~li PETITIOIIS ~OT~CE ~: PUBLIC HEARING NOTICE Is hereby given that the Board of Cornmls. slone~s at Co~11¢~ County will hold O I:xJIolIc o~1 TUESDAY, Se~fmml:~ $, 199~, in the Bc~'droom, 3~d Floar, Adml~ Building, Collier Courffy Eos! Tamloml Troll, Ngples, Florldg. The meeting will begin at 9:00 The Board v4'll co~slde~ a Resoh~tlg~ al)l~'ovlng the I~rellml~ mere' ro~l m tt~ final c~- sessment roll and od vc~x'em r~ tot IxJrl>o*~ Of u~Rz* ~ fO~ ~ld WaJte ogolr~' certotn corPoroted Or~o Of Co, lieF County Ordinance No. All Inter.ted IxrHes are Invited to oftot~L to register to ~eok oncl to subc~it their 0~ectk;x~ If Board prlar to t'ne put, lc hearing. Any ~erson who decld. es to appe~ a c~:lt4o~ of rna Boor~ will need o re. ensure that o verlX~m r ecx~'d Of Is moc~, whtch recard d .u~e. s evloer~4. ~ whlc~ the BOARD OF COUNTY ¢OMMISSIONI~ $ COLLI£R ¢OUHT'Y, FLORIDA BARBARA B. BI:RR¥, O'IAIR M~AN DWIGHT E. BROCK, C~RK B~/$/JV~a~ Ke~ Aunt ~ * ~o. 1 ~8~6 2369819 OR: 2460 PG' 0529 RESOLUTION NO. 98 .369 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 1973632. FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County. Florida, (hereinafter referred to as COUNTY). adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and D~sposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential umts as defined in Collier County Ordinance No 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 1 Municipa~ Service Benefit Unit as described herein and ~n Collier County Ordinance No 90-30. as amended, and WHEREAS, Sechon 1973632, Florida Slatutes. requires that a pubhc heanng be held to adopt a non ad-valorem assessment roll for purposes of uhlizing the uniform method of collection, and WHEREAS, said public heanng was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building, 3301 East Tamiam~ Trad, Naples. FIo'rida, commencing at 9:00 am. on September 8, 1998 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: OR: 2460 PG: 0530 SECTION ONE. The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No 1 Municipal Service Benefit Unit Preliminary Assessment Roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No 1 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 1 Municipal Service Benefit Unit for FY 1998/99 is $110.26 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit A. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1~' of each subsequent year. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to lhe Board, Minutes and Records and are ' ', OR: 2460 PG: 0531 Ioc~led within 1he Solid Wasle Distncl No. ~ Municipal Service Benefit Unit which is more particularly described as follows: LEGAL FOR DISTRICT ONE. P, oginning at tho, intcrsectim~ of thc, North line of N~,ction B, Township Smith, Range 25 l';~st als~) kn.wn as I.ho Ix~e. Colli(~r (',ouniy line and oaslern shoreline of Iho (lull of Moxicm thonce I';asl. alm~g said l~e-Collier County hne Io the norllmast corm,r of goclion 12, Township 26 East, 'l'ownshq~ ,18 ~md.h 1.o the soul.h(,asL (:orn(~r of S(~ct.mn 2,1, Township 4~ SouLh, I{:mge 2G Easl.; thenco (msl, nlong I.}m south lino g(,ctions 19 and 20, Township ,1~ S.uth, l(m~go 27 l':nsL h) tim sot~th(msl, cornor of Socl. ion 20; Ihonc<, nm'l h ;d.ng I lin east. h no .f ~<,t:l ions 20, 17 ~md ~ of Townshil) .I~ S.ulh. I~ange 27 I';nst h) tho soul}mast ~:orner Socl, ion 5, Township 4~ Smd. Ih l{ange 27 I';:~st; lhem:o o~,sl(,rly along the south line of Socl.ions.I, 3, 2 nnd I ofT.wnship .1H Soulh, I{ango 27 I.o the southeast corm, r of Socl. ion I, Township dH Smdh, I{nngn 27 East.; Ihon(m nord~ nlong lira o.sl, lino of ~ection I, 'l'~)wnship 48 ~otdh, 27 Enst; thonc:e ilorlh :ih)rig I}m (':tst lino t)Fgoclicms ;if; nmi 25, 'I'ownshil~ .17 ~outh, I{nnge 27 I';nst Io Ih~, smdhoasl, corner ol'Secl, ion 2,1, Township 47 ~otzth, Itango 27 Ensl.: thon(:o (,~lshwly :dmlg lira soul h Ii no of ~ocl, ions 19, 20 mid 21, Township ,17 Soulh, Ibmgo 2~ l';:~st 1.. lbo cornor of Section 21, I'ox~nship d7 Sotd,h, l{ango 28 l,;t~sl.; thonce soulhorly along tho wosl lino of Soctions 27 and 3,1, 'l'ownshil~ .17 Range 28 l';nst and (:onl,inuing aoul.lmrly ;dong tho xvest line o[' 3, lO, 15, 22, 27 and 3,1, Township ,IH Sm~lh, l{m~go 28 I,;nsl.; thence smdh along the west Imo .F~eclions 3, 10, 15, 22. 27 ~md 34, Township .19 South, l{nnge 28 East to tho southeast corn(,r of ~o(:l,ion 3d; thenco oaslmrly along i, he soul.h ]ino oF Socl,ions 34, 35 and 3{;, 'l'ownshil) ~oul.h, Range 2~ l';nsl.; l}wm:~ o.sl, along tho smdh lino (d' T~wnship 49 sotd,ho~lsf, corner of ~(,cl,i.n 36, 'l'owns}~q~ d9 ~oulh, t{~mg~ 30 I';ast, lmmg ~dso tho conterlim~ of AIligntor Alloy (I-75); lhenc(~ c(mtinuing along I,he centerlino of Alligalor Alley (1-75) t.o the n.rthotlst c. rm,r ~cl, ion ,I, Township 50 Soulh, Rnngo 31 Easl.; l.honco soulhorly .long tho east section line of Secti.ns .I, 9, IO. 21, 2~ and 33, I'ow ~sh'p 50 I{nnge 31 EasL; t. honce soul herly along the l';nst, soot.ion lino of ~(~ct ions d, 9, 16, 21, 28 nmi 3;l, T.wnship 51 South, Range 31 l';nsl,; Ihonc~ smd. h(.rly nlong the onsl, socl.ion lin(, oF goctions ,I, 9, 16, 21, 28 ~md Township 52 ~outh, Rnngo 31 I,;;~st,; thonco s. ulhorly nlong the onst socl.ion line of~ecl.ions 4, 9, 16, 21,2R and ;13, '['ownship 53 ~outh, 31 East 1o lho Collir, r-Monr.o c. nnl.y linc; l.l~(,t~:~ wesh, rly ;d.ng lbo c.unl.y lino I.o tho onsh, rly shor(,lin~ of lbo (;ull' iff Moxico: Woslorly nmi Norl.horly nhmg I)m w;lh,rs of tlm (gull' of' Moxico lo l xm. Collior courtly lino lining tho north linr~ oF Noel. ion 6, T(~wnship Soulh, Range25Eastnndtminglhe Point of l~eginning, l~ssnmlexcopt nil the lands Iocntod wil,hin lbo c. rp~ralo limil,s o1' I.he Cil.y .f Nnplos mid l';verglades CiLy. Also, less and oxcopL those bm'riot islands as described in Ordinance No. 90-;10, ns mnemled, SECTION THREE. Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. i Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632., Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessmenls on the same bill as ad valorem taxes shall be billed. OR: SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes failing due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately day of , ~,, ¢',., ,¢", 1998, after motion, / upon its passage. This Resolution adopted this . second and majority vote. 2460 PG: 0532 *** ATTEST: DWIGHT E. 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'( '~0 OU ~111 III I ~ z : ..................... 9zz~ ~ 2ZZZZZZZZZZZZZ~ZZZZZZO000 OoOoO0~O0000000000000~ ZZZZZZZZZZZZzZZZZZZZZ~ COLLIER COUNTY FLORIDA R~iQUKST FOR LEGAL ADVKR'rIsING OF PUBLIC HEARJNGS To: Clerk to thc Board: Please place thc following as a: X~] Normal legal Advertisement [-] OIhcr: (Display Adv., loc~lion, clc.) Originating E)cp~ Div: Dc'iR orRevenuedguppon Services Date: 8/I 1/98 Person:Terusa Ri~sen Petition No. (Ir none, give bricf description): Petitioner: (Namc& Addn:t,s): Namc& Address oran), pcrson(s) lo bc noOlicd by Clerk's Office: 0tmom space is needed, attach separate shcct) Hcaring tx:rom XX BCC BZA Other RcqucsleA Hearing date: (Based on advcrtis~mcnt aptxnring 10 days bcforu hearing. 9/8/98 Ncwslmpcffs) to be used: (Complctc ouly if important): XX]-] Naples Daily Nc~s [] Other Legally Rcquircd Proposccl Te. x1: (Include legal descril~on & common location & Size: S~ Attached Companion petition(s), ffany & ~ hearing dat~: Docs Petition Fcc include advertising cost7 [] Ycs 102030 List A~lachmcnts: [] No Il'Yes, what account should be charged for ad~:rtising costs: 510- purmmb'n'o; mlrrRucn0 qS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sire that any necessary legal review, or request for same, is submitted to Coun~ Attorney before submlttln~ lo Coun~y Manager. The Manager's office will distribate copies: [] Count,/Manager agenda file: to [] Requestin{ ~ [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. / /" RESOLUTION NO. 98- A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. :2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, crealing two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County inlends to finance lhe Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential unils as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 2 Municipal Service Benefit Ur~it as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held lo adopt a non ad-valorem assessment roll for purposes of utilizing the uniform melhod of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 8, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: TI~ The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary Assessment roll, as to the arr, ounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or properly owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 2 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY 1998/99 is $112.82 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit 'A~. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1" of each subsequent year. SECTION Two, Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are 17B 17B Ic~cated within the Solid Waste District No, 2 Municipal Service Benefit Unit which is more particularly described as follows: LEGAL FOR DISTRICT TWO ITeL:inning nt the northwest corner el' Tnwnship 47 I{;In~:e 27 I~.~t. ('.oilier ('.mmty, Flori(In; thenm en~t nl.n~ tim I~ (:r)tml, y lin~ nl~ I.h~ ~wn~hip line to the norlhnnst corlmr 'l'~)wn~hip 47 South, I{m:~e 27 East; thenm north nlon~ the I~e termly lin~ nl~) Ihe rnn~e line ~ the norl, hwe~t c~rn~r 'l'r:wn~bil: 4~ South, I{nn~e 28 East; then~ ea.t alone the l lonrlry c()tmty line nl~ the township line ~or ~ownshiim 45 mul 46 ~euth ~ [he no~hen~t miner of Township 46 ~uth. RnnEe R0 EarL; I,Imnc~ ~m,lh alone the (~llier-llend~ munty line nl~ the rnn~e lin~ ,f I{nng~s :10 nnd :Il East m the muthenst miner or Township 49 South. l~nnge 30 East; thenm west along the township line Townshilm 49 nnd 50 South ~ the muthwest turner to Section 34. Township 49 Snulh. I{nnge 28 En~t: then~ no~h along the section lines ~ th~ northwest turner of ~tion 27. Township 47 South. Rnnge 2~ i.:nst: Ihenc~ we~t along the ~tion lines ~ the ~uthenst ~rner Socti(m 24. Township 47 ~uth. Rnn~ 27 East: thence south nlnng Ibp rnnge line for l{nnges 27 and 28 East ~ the muthenst c~rner of Section I. Township 48 ~uth. Rsn~ 27 East; thenm west nlong the sectinn~ lines to the muthenst ~mer of ~tion 5. Town~hip 4~ South. I{~mg~ 27 I']~st; thence muth along the ~tton lines ~ the southeast (:,rner {)f Section 2[). T{~wnship 48 ~uth. Range 27 l~nst: timing, west ~d~mg Ih~ section lines Io the ~uthwest ~mer of~ction 19. 'l'ownshil~ 4H Smith. I{nnge 27 I.;nst; then~ north along the r~mgn lines I{nngps 2~ nn(I 27 l~nst to the northwest turner of Township 47 South. l{nnge 27 l';~mt, being the Point or,ginning. SECTION THREE Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. 2 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. SECTION FOUR~ The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. 17R- ~.T.J.~..~L~ All assessments shall constitute a lien upon the property so assessed from the date of contirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX, The Clerk is hereby directed to record lhis Resolution, not including the attached Exhibit "A", in the Official Records of Collier County. A recorded copy of this Resolution and the altached Exhibit "A" shall be maintained on file in the office of the Clerk to lhe Board, Minutes and Records. SECTION SEVEN, This Resolution shall become effective immediately upon its passage. This Resolution adopted this,, day of ,1998, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: ~ ' ? . David C.~igel / ' County//Atlorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN Cl.nc].ud.~g ~ cove~) 7B 111111111111111111111111111111111111111111111111111111111.111111 f liilillliillllliillillilllililliilllillll Iili1111 i11111111 il 111 I~0 N'B' ~10 .* Collte~Coun~ C~u~chouse '" (813) 77~-8408 , (813) 77~-8406 *X*:l.m o sont:: August 13, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Preliminary Assessment Roll for Solid Waste District No. 2 Dear Judi: Please advertise the above referenced notice one time on Friday, August 28, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Encl. Acct. ~510-102030-649110 17B NOTICE OF PUBLIC HEARING Notice is hereby Given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, September 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 a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utlizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance No. 90-30, as amended. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) HopLes Daily Heys Haptes, FL Affidavit of PubLication NapLes DaiLy Heys BOARD OF COUHTY COflH[SSIOtlERS ATTN: NANCY SALOGUB PO BOX NAPLES FL 3~q01-3016 REFERENCE: 001230 5101020306~91 577~82 NOTZCE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lam~, ~ho on oath says that she serves as the Assis:ant Corporate Secretary of the Naples Oaily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising vas published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Nevs is a nevspaper published at Naples, tn said Collier County, FLorida, and that the said nevspaper 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 tn NapLes, in said CoLLte~ County, FLorida, for a period of 1 year next preceding the first I~JbLtcatton of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or ¢oporatten any discount, rebate, co,mission or refund for the purpose of securing this adverttsmnt for publication in the said newspaper. PUBLZSNED Off: 08/28 AD SPACE: 66.(XX) ZNCN FZLED Off: 08/28/98 Signature of Affiant Sworn to and Subscribed before ne Personally known by me . day of / NOTK:G OF: I~)BUC Fr:AJ~ING _.I~K)TIC~ Is hereby gfven ~1~ ~11~ ~ East Tomloml ~roll, Noale~, Fl~ldo, The Sessffient roll and r ~ ~ ~ ~e$. f~ ~lld Woste ~e ~ Un~ ~ {~ Ordlnonce All I~r~ ~ ~UNTY, BARBARA B. BERRY, DWIGHT G BROCK, ~K ' 2369820 OR: 2460 PG: 0533.¢,. RESOLUTION NO. 98- 370 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulahng Solid Waste Collection and Disposal Services; and WHEREAS, the Counly intends 1o finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal servIces. Said properties are located within the boundaries of Solid Waste District No. 2 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No, 90-30, as amended: and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Administration Build~ng, 3301 East Tamiami Trml, Naples, Florida, commencing at 9:00 a.m, on September 8, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: OR: 2460 PG: 0534 SECTION ONly, The Board, having met to receive and consider the written objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste District ~o. 2 Municipal Service Benefit Unit Preliminary Assessment roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 2 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessments for the solid waste collection and disposal services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY 1998/99 is $112.82 per Residential Unit and in subsequent years shall not exceed $130.00 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to Ihe Board, Minutes and Records and incorporated herein as Exhibit 'A'. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll) which is on file with Clerk to the Board Minutes and Records, and subsequent years shall be on file with the Clerk to the Board, Minutes and Records by September 1" of each subsequent year. SECTION TWO. Such assessments are hereby found and determined to be levied in direct proportion to the special and positive benefits to be received by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are OR: 2460 PG: 0535 located within the Solid Waste District No. 2 Municipal Service Benefit Unit which is more particularly described as follows: LEGAL FOR DISTRICT TWO Ib,g~nnmg at the northweat corner of 'l%wnship 47 I{~mg. 27 East, C. Ili~ r (~mnty, F'lo~d~; then~ east along the C~llior. I~.(, emmty lin(..1~) Ihe h)wnship Dine ~) the northeast corner of 'l'()wn~hil) ,IT S().th, I~nnge 27 East; then~ north ~long tho C()lli(~r. I/'. (:m~nty lin(, .l~ the range line m the northwest ~)rn(,r 'r~wn~hq~ 4G ~(mth, Ib~ngo 28 East; thenm onat ~dong the Ih. nde. (~mmty ha. al~ Iho h)wnahip line for Town~hii~ 4r) ~.uth Io Ihe n.rth~,a~l {turner or Town~hip 46 ~mth, ICnn~(~ gD rhone. ~(mlh al(mE Iho (~llior-Ilond~ r~unty line nl~) the r~mge ()f l{m]go~ :10 and :[I l,:~mt to l.h~ ~uthon~[ m)rm,r of 'l'own~hil~ 49 'l'.wn~hq~ 4~) m.I r~0 ~(mth to the ~uthw.~[ (~)rn.r to ~ocl.ion 'l'~wn.hil~ 4~ ~(mlh, I{Imge 28 ga~t; thena~ north .Ion~ tho ~ction hn(,~ I. Iho n.rthw.~t ~:(~m(,r oration ~7. T. wn~hip 47 ~)uth, 2R I,:n~t; Ih{,n~ wo~! ahm~ tho ~tion line~ to tho ~nthe~[ e~)rnor Lho rang~ Iim~ ~r I{ango~ 27 and 2~ East m the ~mthotmt eorm. r ~(,~:lion~ hn(,~ Io lbo ~utho~t ~mer elation ~, Town~hip 4R Soul h, l{~mg~, 27 I,:a~t; th.n(:. ~mth ~d.n~ ~ho ~:[i(~n Im(,~ I[) Ih. al(mE Il., ~(~:lion hm,~ I~) th(, ~uthwo~t mrn~,r of~(,cli(m Hi, T[~wnship · IR ~.uth, Ibmg(, 27 East; then~ no~h nhm~ tho rnn~o lin~,~ I{~mg~,, 2{; m~d 27 I,:~[ to Ihe no~hwe~t ~mor nf'R~wn~hil) 47 I{m~. 27 I';~st, h(.n~ Ih. Point of i~nning. SECTION THREE. Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Collection and Disposal Services within Solid Waste District No. 2 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes shall be billed. SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections against the making of any assessable improvements not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be at the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution, *** OR: 2460 PG: 0536 SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year or years in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Flodda Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit 'A', in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit 'A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN This Resolution shall become effective immediately upon its passage. This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK armature o~ 1.1r. Approved as to form and legal suff'm~ncy: County/Attorney ~c'daY of _ ~ . 1998, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR'I~,/,RA'B. BERRY, 'CHA~RM,~ 4 t*J .--4 +,.11 : ~Z~' CI ~;~::~':? · ' ~,: ,i~:i~:~: ., 00000000000000~000000000000000000~0~0~0~0~0~0~0~000000000 u 0000000000000o00000000~00000000000~00000000000000000000000 < §gggggggggggggg§ggg§gg§g§gg§ggggggggg~§ggggg~gg~ggggggggg gggggggggggggggggg§gggggggggggggg§gggg§gggggggggggggg§gggg 000o00000000000000000000000000000000000000000000000o000000 Z~ OZ · · · · e. · e) · · · · · · · · · · · · · · · · · '":" · · · · · · S · · °°°°°°°°°°O°°°~°°~°°°O°O°~O°°°oooooo~oo~oo~° ooo~ ooooooooooooooooo.oooooooooooooooooooooooooooo=oo~ocoo~o~ ~ oooooooooooooooooooouooO0Oooooooooo~o~oo~oo~o~o~ooooo~ 0000000000000000000000~0000~00~00000000000000~000000000000 ~ ~gg§ggggggggggggggg§gggg§gg§gggggggggggg§g§g~gg§ggggggg§gg ~ 000000000000000000000000~00000000000000000000~000000000000! / ,0 '%O rJ ) · · · · · · e) · · O e · · e · e ~ Z 000000000000000000000000000000~~0~o0o~00000~0~00 O~ O000000000000000000000000000"~N~f"~'l~~O~O000000~O~O~ <~ U 0000000000000000000000000000~0000000~000000000000~00000000 ~ ~ 00000000000000000000000000000000000~0000000000000000000~00 · · · · · · · · · · · O' ~ ZZZZZZ~ZZZZZZZZZZZZZZZZ~ZZZZZZZZZZZZZ~ZZZZZZZ~ ~Z~Z~ZZZZ~ZZ ? ggggggggggggggggggggggggggggggggggggg§ggggg§g§gggggggggggg I I I · · · e. · · · · · · · · ! · :~:~=~=========~~ .................................. IIIIII IIIIIII 'Jill · · · · e: · e !~,~., · · · · · · · · · · · · · ~ gggggggggggg$§~§§§ggggggggggggg§gggggggggggggg~§gggg§gggg§ O~ · · l-- C~ Z · -J 0 · e · · · · · · · · · · · · · O~ ,0 :D:D ~ DDDD DDD D DDDDD DD D D-'DT) D--~DD DDD -)DD D D D D D T) D DD D.'D DD D :DDD DD DD DD ~ D ) · · 0 · 0 · · 0 · 0 · · · · · · DD~ rD --J~L~ ~ · I · O O t I' · · I · I O · · /11111111 II II~]llilfir~ili ........................ Ill flit ....... ilk rj · · · · · · e · 0 lid F_, ? ·i:.?e · · To: ¢'()IAAER COlIN'FY FI,ORIDA REQUEST FOR I,EC, AL ADVERTISIN(~ OF PUBLIC IIEARINGS Clerk to thc Board: Please placelhe following asa: 17C f-'l Normal legal Advcmsement IDisplay Adv.. location, crc.} x Other: See Attached Originating Dcpt; Div: Planning Services [)crsoil: Lee [.avlle Date: 6,'15,98 Petition No. I[f none. gLvc tmcf dcscrzpmm): ( 'I)SS-08.t12 Petitioner: (Name & Address}: Dwight Nadcau MeAnly Engineering & Design. Inc. 5101 l:.ast Tamiami Trail. Suite 202 Naples. FI. 34113 Name & Address of any personls) to be notified by Clerk's Office: (If nmre space is needed, atlaeh separate sheet) Gerald & ,Marion Bray. 532 IbR Way. Naples. FI. 34110 and George A. Carman 696 10'" Ave. NE, Naples. FI. 34120 ltearing before xx [ICC' BZ.,\ ()thor Rcqucstcd ltcaring date: (Based on advertisement appcaru}g 5 t,[~2,'s before hear,ag.) Scplcmbcr 8, 1998 Newspaper(s) to be ttsed: (Complete only il' important): x Naples Daily News [] Other Proposed Text: (Include legal description & common location & Size: See Attached Legally Required Companion petition(s), ff any & proposed hearing date: Does Petition [:ce include advcmsing cost'.' xx Yes Reviewed by: / D ivisidd"'i~ IAst Attachments: l.egal Ad [] No If Yes, what account should be charged lk}r advertising costs: Dale Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS Ao For hearings beforeliCCorBZA: Initiating person to complete one cop), and obtain Division llead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary, legal review, or request for same, is submitted to County Attorney before submitting to Count)' Manager. The Manager's office will distribute copies: [] Count)' ,Manager agenda file: to Clerk's Office [] Requesting Division f-1 Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. Date Received: 6,//2/)~ Date of Public Date Advertised: ~~ 17C September 8, 1998 ~oard of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Tuesday, September 1, 1998, and furnish proof of publication to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 33942. The advertisement should be no less than 2 columns wide by 10 inches long and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. 17¢, ORDINANCE 98 - AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED. FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA. BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP AND THE RANDALL BOULEVARD COMMERCIAL DISTRICT MAP OF THE GOLDEN GATE ARFA MASTER PLAN OF COLLIER COUNTY'S GROWTH MANAGEMENT PLAN BY ADDING 2.38 ACRES TO THE RANDALL BOULEVARD COMMERCIAL DISTRICT DESCRIBED AS THE EAST 1/2 OF TRACT 54. GOLDEN GATE ESTATES. UNIT NO, 23, ACCORDING TO THE PLAT THEREOF. OF RECORD IN PLAT BOOK 7, PAGES 9 AND 10, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Ihe Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the property owners of 2,38 acres of land have submitted a request to amend lhe Future Land Use Map and the Randall Boulevard Commercial District Map of the Golden Gate Area Master Plan of the Collier County Growth Management Plan; and WHEREAS. the request is for an amendment lo the Golden Gale Area Master Plan Future Land Use Map and Randall Boulevard Commercial Dislricl Map, involving less than 10 acres of land; and WHEREAS, the amendment does not involve a change to any of the Goals, Objectives, or Policies of the Plan; and WHEREAS, pursuant to Subsection 163.3~87(1)(c), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS. all applicable substantive and procedural requirements of law have been met; and NOW. THEREFORE BE IT ~RDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: ADOPTION OF THE AMENDED FUTURE LAND USE ELEMENT MAP This Ordinance as described herein shall be known as the CPSS 98-01 Small Scale Amendment for the Fulure Land Uso Map and Randall Boulevard Commercial District Map of the Golden Gate Area Master Plan of Collier County's Grow'th Management Plan. The Amendment, allached hereto and incorporated herein by reference as Exhibits A and B, establishes amended Future Land Use Map and amended Randall Boulevard Commercial Districl Map as a component of tho Golden Gale Area Master Plan, an individual Element of Collier County's Oro,.vlh blanagement Plan. I?C" SECTION TWO: SEVERABILITY It' any phrase or portion et' this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such porlion shall be deemed a separate, distinct and independent prowsion and such holding shall not affect the validity el the remaining portion. SECTION THREE: EFFECTIV'~ DATE This Small Scale Amendment shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, this Small Scale Amendment shall not become effective until the State Land Planning Agency or the Administralion Commission, respectively, issues a final order determining the adopted Small Scale Development Amendment is in compliance. PASSED AND DULY ADOPTED by the Board of County Commissioners ~f Collier County, Florida, Ihis day of ,1998. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA DWIGHT E. BROCK CLERK BY: BAARBARA B. BERRY, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJC~IE M. STUDENT ASSISTANT COUNTY ATTORNEY CPSS-98-01 ORDINANCE I'U'IL!IIF: I.A%I) U~P, MAP 1,1':(; I';N D [] RD. I ~ ~HIT~ BLVI~. EXIIIBIT (;OI.I)I';N G/\TI'; Al{l,/\ FUTUItI", I~/\NI) USE MA1) COI.I,IER {X)UNTY. FI,ORIDA OOLDEN OATg .' .BOIA,&'VARD ' ,q orl. WELl, It 28 ..... EXHIBIT B P-,AN~ALL I~O~E'VA~ COMMERCiaL, DISTRICT (inCluding' this cover) 17C-' liilililllliiiiiliilililiiiliillllllillllliillilllllilllllillli TO' LOCATION: ~%FLES D^TT,y NE~S FAX NO.: COMIKENTS: 263-4864 iii111111111111111111111111111111111111111111111111111111111111 933 934 935 936 ELLIE HOFFMAN - MINUTES & RECORDS FROM: LOCATION: Collier County Courthouse ,~ FAO{ NO: (813) 774-8408 , " PHONE 'NO: (813) 774-8406 []Y:3:41 00o01'44 89:18 88'84'35 10:32 ~°02'J4 16:23 00°03'14 92633924 941 775 2755 OK 6 192634864 OK 4 ~92634864 0~ 5 i"Date 17C June 19, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue · Naples, Florida 33940 "?~. ., Re: Notice of Public Hearing..to?C0nsider'Petition CPSS-98-02 Dear Judi: Please advertise the above referenced notice and map one time on Tuesday, September i, 1998. The advertising should be no less than two columns wide by 10 inches long and the headline in the advertisement should be in a type no smaller than 18 point, the advertisement should not be placed in that portion of the newspaper where legal notices andclassified advertisements appear. . Kindly send the Affidavit of pUgiica%i6n~ in'duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to Account No. 111-138317-649100 NOTICE OF SMALL SCALE AMENDMENT TO GOLDEN GATE AREA MASTER PLAN FUTURE LA}rD USE MAP AND RANDALL BOULEVARD COMMERCIAL DISTRICT MAP OF THE GOLDEN GATE AREA MASTER PLAN OF THE GROWTH MANAGEMENT PLAN Notice is hereby given that on TUESDAY, September 8, 1998, in the Board of County Commissioners Meeting Room, 3~ 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: ORDINANCE 98 AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, FOR THE "UNINCORPORATED AREA OF COLLIER COUNTY/ FLORIDA, BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP AND ~THE RANDALL BOULEVARD COMMERCIAL DISTRICT MAP OF THE GOLDEN GATE AREA MASTER PLAN OF COLLIER COUNTY'S GROWTH MANAGEMENT PLAN BY ADDING 2.38 ACRES TO THE RANDALL BOULEVARD COMMERCIAL DISTRICT DESCRIBED AS THE EAST 1/2 OF TRACT 54, GOLDEN GATE ESTATES, UNIT NO. 23, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 7, PAGES 9 AND 10, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. The purpose of the hearing is to adopt an amendment to the Future Land Use Map and to the Randall Boulevard Commercial District Map of the Golden Gate Area Master 'Plan. This amendment is only for a map change to the Golden Gate Area Master Plan of the County's. Growth Management Plan and is therefore a Small Scale Amendment. All interested parties.are invited to appear and be heard. Copies of the proposed Resolution are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at Comprehensive Planning Section, 2800 ~[. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to September 8, 1998, will be read and considered at the public hearing. if a person decides to appeal'any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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 COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: (SEAL) /s/Ellie Hoffman, Deputy Clerk MAP 6 RANDALL BOLA. EVA.RD COMMERCIAL DISTRICT Collier Cour'~y. Floc'ida ,© NAPLES DAILY NEWS Published Daily Naples, FL 33940 Affidavit of Publication State of Florida County of Collier Before the undersigned authority, personally appeared [~. Lamb , wt~o on oath says that they serve as the Ass'c. C_nrp. ~or'rot'nrv of the Naples Daily, a daily newspaper published at Naples,'in Collier County, Florida; that the attached copy of the advertising, being a Notice O( Small Sca]o Amendment-_ in the matter of Golden Gate & Randall Rlvd was published in said newspaper ] times in the issues starting on 9/!/98 and ending on Afhant further says that the said Naples Daily News is a newspaper pubhshed at Naples. in sa~d Collier County, Florida. and Ihat 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 off~-.e in Naples. in said Collier County, Florida, fOr a period of I year nM preceding the hrst publication of the attached copy of advertisement; alhant further says that he has neither paid not promised any person, firm o¢ corporat~"~ any d~sco~nt, rebate, commission or refund for Ihe purpose Of secunng t~s advertisement fOr pubhcation ~n the said newspaper. (S~gnaturo of Afhant) Sworn to and subscribed before mo this 1 dayof F;c, phc, mhor . 1998 - 7 (Signalbre of notan/pubhc) J ,,?.;.-... · . v Per sOoally known Type of Identification Produced produced ~dentdication .. PUBLIC MASTER BOULEVARD Notice is hereby given that'~n County Commissioners Meeting~ Room, 3rd Floo~,'h Collier County Government CenteG 3301 East Tamiarnl. TraJl,''1~ tho Board of County Commissioners will consider th~ Ordinance. The will commence at'9 AM;The title:of · Ordinance is as :'x ' RE ' AN O~DINANCE AMENDING ORDINANCE '"AMENDED~ UNINCORPORATED AREA:OF COLLI ER COUNTY, FLORID,~': FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE THE RANDALL BOULEVARD COMMERCIAL DISTRICT MAP Of GATE AREA MASTER.~. PLAN .. OF'. 'COLLIER ~ COUNTY'S MANAGEMENT PLAN,,BY~:'ADDING 2.38 2:ACRES'.~ TO i THE BOULEVARD COMMERCIAL'DISTRICT DESCRIBED :AS .THE TRACT 54, GOLDEN GATE ESTATES, UNIT NO.' 23, ACCORDING PLAT THEREOF, OF RECORD IN pLAT,BOOK 7, PAGES 9 AND 10, P.BL,C RECORDS CO ,E. SEVE RABILITY; AND BY PROVIDING FOR F , ."" ?' . Map and to me Hanuam ~um~=,,~,.,.,,~,,. i Gate Area Master Plan, Thisamenomant ~s ~; Golden Gate Area Master plan o.f the~C.¢. !:Is therefore a Small SeNe ~men .. 'All Interested p~.rtles ; proposed Reanlution'are . Office,.4th Floor, ! Naples, ~qodda: and at CO. mpr~.~en~:~ Of 8 Ddve, Naples, Rodda betwee~ ~ ........ 'Fddav Any ouestlo~S tO'these do~-umenl~ [l~; ~mpr'eh~enslye Written ~omrnen'm n~ with't fro to the Board's Office at the public headn a"pemon decldas ~ommissioners with respect,to any' matter considered at may need to ensure that a ver1~t~m re¢om o~me record Inc udes the testJrdony ,?~1. 'evidence upon?nlcn me a based. , ; .,- ~ .... ~. ~ ..... ', '. ' ., -,,,. .... =. L: BOARD OF COUNTY COMMISSION ""'.~ "';;[' '? ':?' ~"!'COLLIER'COUNTY, FL(:: BARBARA B: BERRY, CHAIRMAN DWIGHT E BROCK; CLERK~ ¢.::; ORDINANCE 98 -. 7~,,)_ AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP AND THE RANDALL BOULEVARD COMMERCIAL DISTRICT MAP OF THE GOLDEN GATE AREA MASTER PLAN OF COLLIER COUNTY'S GROWTH MANAGEMENT PLAN BY ADDING 2,38 ACRES TO THE RANDALL BOULEVARD COMMERCIAL DISTRICT DESCRIBED AS THE EAST I/2 OF TRACT 54, GOLDEN GATE ESTATES, UNIT NO. 23, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 7, PAGES 9 AND 10, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. :! . 'i~; ~, ~ ,.~,.:~; WHEREAS. the Board of County Commissioners adopted the Collier COunty Growth Management Plan on January t0. 1989; and ':~ ,,. .... '~.,~. ;~.~,'L, WHEREAS. the property owners of 2.38 acres of land have submittod a request to amend the Future Land Uso Map and tho Randall Boutovard Commercial District Map of the Golden Gate Aroa Master Plan of the Colher County Growth t'Janagomont Plan; and WHEREAS, the request is for an amendment to the Goldon Gate Area Master Plan Future Land Uso Map and Randall Boulevard Commercial Distr!ct Map, involving less than 10 acres of land; and , WHEREAS, the amendment does not involvo a change to any of the Goals, Objectives, or Pohc~es of the Plan; and WHEREAS, pursuant to Subsection 163.3187(1)(c), Florida Statutes, this amendment ~s COnS~dOred a Small Scale Amendment; and and WHEREAS. all applicable subslantive and procedural requirements of law have been met; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County. Florida; SECTION ONE: ADOPTION OF THE AMEi','DED FUTURE LAND USE ELEMENT MAP This Ordinance as described hereto shall be known as lhe CPSS 98-01 Small Scale Amendment for the Future Land Use Map and Randall Boulevard Commercial District Map of the Golden Gate Area Master Plan of Collier Counly's Growth Management Plan. The Amendment. attached hereto and incorporated hereto by reference as Exhibits A and B, eslablishes the amended Future Land Use Map and amended Randall Boulevard Commercial District Map as a component of tho Golden Gate Area Mas!or Plan, an individual Element of Collier County's Growth Mana.qemen! Plan t 7C SECTION 'I'WO: SEVERABILITY If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion, SECTION THREE: EFFECTIVE DATE This Small Scale Amendment shall not become elfective until 31 days after adoption. If challenge(~ within 30 days after adoption, this Small Scale Amendment shall not become effective until the State Land Planning Agency or the Administration Commission, respectively, issues a final order determining ~he adopted Small Scale Development Amendment is in compliance. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida. this day of - -,' ./'~,~.,, ' ~/_,..~ ,'. 1998. A'I-TEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ~ "' 'A.'; ,-, . /? DWIGHT E. B'ROCK CLERK ,,," ,/'- [~A~,..R~"~IS,~ B. BEA'RY, CI~IRM'A~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJC~IE M. STUDENT ASSISTANT COUNTY ATTORNEY CPSS-98-01 ORDINANCE BOULEVARD EXHIBIT B MAP 6 {]OULEVARD COMMERCIAL DISTRICT o~o Floddl STATE OF FLORIDA) COUNTY OF COLLIER I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial CirCuit, ~ollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-70 W~ich was adopted by the Board of County Commissioners on the 8th day of September, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of September, 1998. DWIGHT E. BROCK Clerk of Courts and Cl~rk Ex-officio to Board of County Commission~KS.''~ ~ .. ,: "..' . ': ,Deputy Clerk .~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Plca~ place the following a~ a: XXX Normal legal Advertisement (Display Ad,,'., location, etc.) , [-] Other: 17D Originating Dcpt/Div: Comm. Dcv. Scrv./Planning Petition No. (If none, give brief description): %98-12 Persoll: Petitioner: (Name & Address): Gavin & Susan Widom, 404 Bay~;ide Avenue, Naples, FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, atlach separate sheet) Hearing bcfore BCC XXX BZA Other 1. Newspaper(s) to bc used: (Complete only if important): Based on advertisement appearing 13 days before hearing Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common localion & Size: Petition No. V-9,q-I 2, Gavin and Susan Widom requesting a 5. l0 feet variance from tile required 30 foot front yard setback Io 24.2 feet for property Iocaled at 404 Bavside Avenue, further described as Lot 6, Block K, C0nncr's Vanderbilt Beach Estates Unit 2, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Docs Petition Fee include advertising cost'? ~ [] No 113-138323-.649110 '~3 ..~'~' -'7., e3 Rcv}cv. cd by: Division }Icad Date LisI AllaChments. If Yes. ',,.bat account should be charged for advertising costs: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZ~%: Initiating person to complete one coy and obtain Division llcad approval before submitting to County Manal~er. Note: If legal document is invoh'ed, be sure that any necessao' legal review, or request for same, is submitted to County Attorney before submitting to Count)))' Manager. The Manal~er's office will distribute Collies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file, FOR CLERK'S OFFICE USE ONLY: Date Received: q/2 9/22 Date of Public hearing: Date Advertised: .d"/~-~/~'~ i?D July 29, 1998 Gavin & Susan Widom 404 Bayside Avenue Naples, FL 34108 Re: Notice of Public Hearing to Consider Petition V-98-12 Dear Petitioners: Please be advised that~the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 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, August 23, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ;.-.~NG ?O ;~?iiiCN NUMBER V-98-12, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED -~L~R COUNTY, ~LORiDA. >;HE9EAS, 'he Legislathre af the State of Florida in Chapter 125, Tlcri~ .7tatutes, has ccnferre~ ~n ail counties in Florida ~he power to estas'isn, ]ccrd~nate ant enforce zcnzng and such business regulations as are ~ecessary f~r %he protec~Lcn of the ~ublic; and ',';HEREA.], the Count... [ .... ~.:-- ~n=~co has adcpted a _ant ~_velcpmen~ C$ce Crdinance ::o. 31-102! ',.'hick establishes ~culaticns ~' ~he zoning of partLcu!ar geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board cf 2cnin~ Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the ad';isabilit./ of a 5 feet i0 inches variance from the required 30 foot front ';arc setbac~ to 24 fee~ ' inches was shown on the attached plot plan, Exhibit "A", in an ES~-3 2one for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required ~'/ said regulations and in accordance with Section 2.7.5 of the Zoning Regu!aticns of said Land 2evelopment Code for the unincorporated area of Collier County; and ?:HEREAS al' i ......... d parties have been given oppor~unlty to be "~ ....... ~- Board Ln public meeting assembled, and the Board having :snsLzere~ ~ll :no%teES presented; :;CW ?HEREFCPE BE -- ~;ESOL',,'ED B':' THE BOARD OF ZONING APPEALS of ..... u .... :._y, :-.Brita, lhe Petition "/-98-!2 [iled by Gavin and Susan Widom, with respect to lhe srcper~y hereinafter Cescribed as: ............ - ........ 1~ Beach Estates, Unit 2, as rersrcec Ln Plat Eoo~: ], Pace 17, of the Public Records of [eq'41reu ~] foot frcnc yard setback to 24 foot 2 inch as shown on the -i- p%ct plan, Exhibit "A", of the RSF-3 Zoning ~ne ..... said RE iT ?.ESOLVED that this Reso!uticn relating to Petition :lumber ..... c ..... :n the minutes cf %his 5oaro. Tk~s ~escLuticn aJcp'ed after motion, second and majority vote. 2one this day of , 1998. ATTE£T: BOARD OF ZONING APPEALS ZWIGHT E. BROCK, Cler~ COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman ApproYed as to Form and Legal Sufficiency: :4~rjo~bie r4. St'udent · 2.$sistant County A[torney f ,' ';- ~ ~ - 12 P ESOLUT [ 0:1 -2- · .. ' 't7D F×hibit k ~ OF PAGES (including this cover) I?D !ii!ili11111111111111111111111111111111111111111111111111111111 TO~ LOCATION~ HAPLES DATL! I~EII~ FAX NO.~ COMME~S~ 263-4864 ge: . ' ~_-?~i-~.,. /,./- ~-/~ ili111111111111111111111111111111111111111111111111111111111111 FROMI ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse L FAX N6: (813) 774-8408 , ', PHONE 'NO: (813) 774-8406 I.. b_~4 _,b4 19261~ E~6~ ...J July 29, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition V-98-i2 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 23, ].998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hof fman, Deputy Clerk Purchase Order No. 8.03277 1 70 N l fCE OF PUBLIC }fEARING Nov_ice is; hereby qi"~m '-~ ..... :' ' .. u,,a~ the Eoard of County Commissione. Collier County, will hold a public hearing on TUESDAY, SI~I~I'~BI.]I{ 1998, in the Boardroom, 3rd Floor, Administration Building, Coi iio: County Government CenLer, 3301 East Tamiami Trail, Nap]es, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-98-12, Gavin and Susan Widom requesting a 5.10 feet variance from the required 30 foot fronu yard setback to 24.2 feet for property located at 404 Eayside Avenue, further described as Lot 6, Block K, Conner's Vanderbi~ t =,~ c';, " ~=., Unz~ o '., ' '~ Range 25 East, Col lief County, Florida. NOTE: Ali_ pe:'sons ',.;i.'.;hing to speak or: any agenda itzem must with the County administrator prior to presentation of the agenda item to be addressed. Individt~al speakers will be limited to 5 minutes c~:: any item. The selection of an individual to speak on behalf of organization or group is encouraged. If recognized b7 the Chair::'4~:t, spokesperson for a grot:p or organization may be allotted l0 min::tes speak on an item. Persons wishing to itav(: v:: itten or graphic materials i~cluded in ti'.':.'_'. Board agenda packets musk submit said material a minimum of ] week:' prior to the respective public hearing. In any case, wriuten intended ~o be. co:tsi(iered by the Board shall be submitted to the appropriate County :staff a minimum of seven days prior to tzhe publi- hearing. All material used in presentations before the Board '..,'ii* become a perman,:nt, pat;t of the record. Arty person who decides to appeal a decision of the Board will need a record of the proceedi:¥;s: pertaining thereto and therefore, :na,f need to ensure that a verbatim record of the proceedings is made, which record include.c, tho testimony and t?vidence upon ',.:hich the appeal i:: bas<<!. BOARD OF COUNTY CObIMISSIO?]Ei{S COLLIER COUNTY, FLORIDA BARB;:RA h. iZEkRY, CHAiP3,1AN .... ;G.., E. BFOCK, CLERK B':': s E [ ;,?-' }lo: '~;:w,,n, D,.:.: .... "" Clerk ( EEl:i, ) Naples Daily News Naples, FL 33940 Affidavit of PubLication Naples Daily flews I~ARD OF COUNTY COHHISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #803277 57737~73 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate 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 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 )~as been entered as second class ~klil matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 08/23 AD SPACE: 88.000 INCH FILED ON: 08/24/98 Signature of Affiant S~orn to and Subscribed before me this :-.' ) day of /t ~'q . 19._~"~ Personally known by me ~ i , (~ '/ · , NOTICJ~ DJ= PUBLIC HEARING Notice is hereby given mot the 8oc~d of Co~n~ Commissioners of ~li~ heorlng On TUESDAY, ~PTE~R 8, 1~1, In Administration Building, Collier C~n~ mere Cemer, 3~1 Tomloml Troll, FI~I~ T~ me~l~ will ~in ~ ~ A~.. The ~rd will c~ider Peri- ti~ V-98-12, Gavin ~ Su~n WI~ re~estt~ ~ 5.10 feet varla~e from the reauired 30 f~t front vord seek to 24.2 feet ~ov~lde Avenue,further descried OS Lot 6, Bilk K, Conner's Vanderbilt B~h Est~es Unit l2, NOTE: All persons wishing ~ ~ok on ~v ogen~ item must regis- t~ with ~e Cou~ ~- minis:rotor PRIOR prese~t~ ~ ~e Indlvl~l ~ wll$ holt of on ~nlz~ rec~nlzed by ~e o ~oup or ~mz~ ~ ~ olloffed lO min- Ces fo ~k ~ ~ Item. Persons wishing lo B~rd ogenda ~ckets must ~bmlt ~ld m~erlol o minimum of 3 week~ p~ fo ~e r~ve public heoring. In c~e, ~en ~l~s In- te~ to ~ c~ m~ to ~ ~lc ~1~ All t~fo~e the BoQrd will come a oermonent port of ~e r~d. Any ~r~ ~o ~ld- es to ~ol O ~lsl~ the B~d ~11 need o re- c~d of ~e pr~eedt~ olnlng ~o, eref~e. ~Y ~ en~e ~ o v~m Is ~, which rec~d clu~s ~e fesfl~Y ~d evlde~e ~ ~h the ~p~ Is lo be ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR:DA BARBARA B. BERRY, CHAIRMAN DWIGHT E, BROCK, CLERK B~/s/EIIle Hoff~n, Oe~ CI~ (SEAL) Au~sf 23 NO. 1251458 17D RESOLUTION NO. 98- BYl RELATING TO PETITION NUMBER V-98-12, FOR A VARIANCE ON PROPERTY HEREINAFTER .DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State o[ Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the pcwer tc establish, coordinate and en£orce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoninc of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5 feet 10 inches variance from the required 30 foot .front yard setback to 24 feet 2 inches was shown on the attached plot plan, E:.:hibi~ "A", in an RSF-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement ha';e been made concerning ail applicable matters require~ by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board havin.U considered all matters presented; IIOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONI[~G APPEALS of Collier Co,inty, Florida, t.~iat: The Petition V-98-12 filed by Gavin and Susan Widom, with respect t~ the property hereinafter described as: Lot 6, Block K, Conner's Vanderbi!t Beach Estates, Unit 2, as recorded in Plat Rook 3, Page 17, of the Public Records of Collier County. be and the same hereby is approved for a 5 foot 10 inch variance from the required 30 foot front yard setback to 24 foot 2 inch as shown on the plot plan, E:<hibit "A", of the RSF-3 Zoning District wherein said property is located. BE IT ~-,~,~,O~vED that thi,~ Resolution relatinq to Petition ,'~umber V-98-12 be recorded in the minutes or, this Board. This P~esolution adopted after motion, second and majority vote. Done this ~F~ day of' ~3~.z/3~-7~ , 1998. ATTEST: DWIGHT E. B[~OCK, Clerk BOARD OF ZOt~]t.~f; APPEALS COLLIER COUIITY, FLORIDA A~proved as to Fgrm and Legal Sufficiency: Narjq~ie ~,~. SLuaen~ Assistant County Attorney COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVEFTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Plea~ place the follnwing as a: XXX Normal legal Advertisement (Display Ad,,'.. location, etc.) [] Other: Originating Dcpt/Div: Com,n. Dcv. Scrv./Planning Petition No. (If none. give brief description): CU-98-16 Person: Ray Bellows Date:7/27/98 Petitioner: (Name & Address): Collier Development Corporation, 3003 Tamiami Trail Noah, Naple. s, FL 34103 Amico. Am~oli. Barber & Brundaee. Inc., 7400 T~miami Tm,i! N,, Suit~ 200, Naples, FL 34108 Hearing Ix:fore BC~ XXX BZ,~ ,. . . ...!.. Based on advertiscmc,~t; ppe: ' g l.~s Ltays before heanng. Newspaper(s) to be used:-ii-C6-m-'-~F~[i-'6r~y-if important): XXX Naples Daily Ne',rs Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Pctilion No. CU-9~-16, Dominick J. Amico, of Ar. noli, Ba .rbgr & Brundage, Inc., representing Collier Development Corporation, requesting Conditional Usc. "2" of the "I" Industrial zonin~ dislrict fc~r a child day care c. xi:nter per Section 2.2.16.3, of the Land Development Code.f0r property located ~I 2960 South Ho .r5..~. hge Drive, further de~ribed as l..x?t. 32, Fa. st Naplel; Induslrial Park, in Section 35, Tov,'nship -19 South, Range 25 East, g. oilier County, Florida, consisting of 2.2 plus or minus acres. Companion pelifion(s), if an)' & proposed he:lring date: Does Petition Fee include adverlising, cost7 [~cs [] No If Yes. what account sho~,ld be charged for adverlising cosls: 113-138323-6491 I0 tL--. Reviewed b)': "~ ~ ~ {~3 ~''~''''I Approved ti.,,': Division }lead Date Cotmty Manager Date List Attachments: DISTRIBUTION INSTRUCTION.q For hearings before BCC or BZA: Initiating person to complete one coy and ohtain Division tlead approval before submitting to Count)))' l%lanager. Note: If legal document is invol¥cd, be sure that :my necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk'a Office [] Requesting Division [] Original B. Other hearings: Initiating Division head Io approve nnd submit original to Clerk's Office. retaining a cop))), for file. FOR CLERK'S OFFICE USE ONLY- / Date Received: r?2-$/5/G:? Date of Public hearing: c)/,¢/P~ Date Advertised: ¢ '/: $.ff: (' RESOLUTIOH A RESOLUTION PROVIDIHG FOR THE ESTABLISHMENT OF A CHILD DAY CARE CENTER CONDITIONAL USE "2" iN THE "I" INDUSTRIAL ZONiHG DISTRICT ?URSUANT TO SECTION 2.2.16.3. OF THE COLLIER CCUNTY LAHD DEVELOPMENT CODE FOR PROPERTY 2OCATED iN SECTION 35, TOWNSHIP ';9 SOUTH, !:ANGE 25 EAST, COLLIER C,SUHT':', Ft,ORIDA. W}{EREAS, ~he he~is!ature of the State ,of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 9i-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and ccnstituted planning board for the area hereby affected, has !;eld a public hearing after notice as in said regulations made and provided, and has considered the advisability cf Ccnditional Use "2" of Section 2.2.16.3. in an "I" Industrial Zone for a child day care center on the prcperty hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory prcvislon ,and arrangement have been made concerning all applicable matters requirec by said regulations and in accordance with Subsection ~.7.4.~; !~f the Land Development Code for the Collier County Planning Ccmmission; and WHEREAS, all ~nterested parties have been given opportunity to be heard by this 5card in a public meetin~ assembled and the Board havinc ,:onsidered ail matters presented. NOW, THEREFC,~E BE iT RESOLVED, ~':' i'!{E 5CARD OF ZOHIHG APPEALS --f Coiller County, Florida that: -1- The pe[ttlon flied b'/ Dcminick j. Amico, .3r., of AgnolL, Barber ...... 5~, Znc., representing Collier Development Corporation with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by re~erence herein be and the same is hereby approved for Conditional Use "2" of Section ~ ~ 16 3 ~ the "~" lncustrlal Zoning District for a child day care 2enter in .~cccrdance w~tn t~e Conceptual Haster Plan (Exhibit "C") an~ sub~ect to the ~'[cw~n~ conditions: i. The Planning & Technical Services Manager may approve minor changes in the location, siting, cr 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). BE ZT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this .............. day of , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 2;';iGHT .::. .".;,.";,OC?:, Clerk P,'f: BARBARA B. 5ERR':', Chairman A?prcved as to Form and Legal ~..=~ = ~, ~ iciency: :,.ar]o~le b~. Student Assistant County Attorney -2- 17£ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-16 The following facts are found: Section 2.2.16.3.2 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: Consistency with the Land Development Code and Growth Management Plan: Yes No B 0 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 Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility 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: f/CU-98-16 FINDING OF FACT EXHIBIT "A" 17£ LEGAL DESCRIPTION Lots 31 & 33, East Naples Industrial Park, As Recorded In Plat Book 10, Pages 114 & 115 Of The Public Records Of Collier County, Florida. Section 35, Township 49S, Range 25E. Exhibit "B" F- O / (,Ogb) EXHIBIT "C" ~"' I;Z _-I 1 I lis 0 0 I--- OLd cove=) 111111111111111111111111111111111111111111111111111111111,111111 ili11111111111111111111111111111111111111111i111111111111111111 FROH~ ELL~ HOFFi. IAR - ~S & RECORDS LOCATIOR: Collier County Co~l-thouse ~HOR'B'NO: (813) 774-8406 late August 4, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition CU-98-16 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 23, 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. 803277 I?E ",-. NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 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 The Board will consider Petition CU-98-16, Dominick J. Amico, of Agnoli, Barber & Brundage, Inc., representing Collier Development Corporation, requesting Conditional Use "2" of the "I" Industrial zoning district for a child day care center per Section 2.2.16.3. of the Land Development Code for property located at 2960 South Horseshoe Drive, further described as Lot 32, East Naples Industrial Park, in Section 35, Township 49 South, Range 25 East, Collier County, Florida, consisting of 2.2 plus or minus acres. 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, 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. 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, CHAIRIVb\N DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (Seal) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAM, TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 17£ CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS August 13, 1998 Collier Development Corporation 3003 Tamiami Trail North Naples, Fl. 34103 RE: Notice of Public Hearing to consider Petition CU-98-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 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, August 23, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Encl. Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT co,.u~, COUNtrY COU,T.OUS~ 3301 TAMIAMI TRAIL EAST P,O. BOX 413044 NAPLES, FLORIOA 34101-3044 17E CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS August 13, 1998 Dominick J. Amico Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite #200 Naples, Fl. 34108 RE: Notice of Public Hearing to consider Petition CU-98-16 Dear Mr. Amico: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 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, August 23, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Encl. 17E Naples Daily News Naples, FL 33940 Affidavit of Publ$cati~ Naples Daily News BOARD OF COUNTY {O~NISSIONERS ATTN: NAHCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #803277 57738229 NOTICE OF PUBLIC HEA Stmte of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate 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 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 period of I 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 08/23 AD SPACE: 96.000 INCH FILED ON: 0~/24/98 2 ZZ;Z2 ...... ;7-Tv ......... · ........................... Swor to and subscribed before ma this / NOTICE OF PUBLIC HEARING Notice b. heceb¥ given thai ftm Booed ef County C~mlss~s o~ C~l~ he~lng ~ TUESDAY Admlnistr~ion Building me~ Ce~er, 3~3 Tomloml Troll, begin ~ 9~ ~ r~rese~t~ C~ller I velopment Corpor~lon, ; requesting Condltlonol Gl zoning dls~l~ f~ child ~y c~e ce~er Lond Devel~me~ 29~0 South Horteshoe m Lot 3~ Emi N~I~ ting of 2.2 pl~ ~ minus NOTE: ' AIl~; persons t~ wl~ ~e ~ ~InlstratoP PRIOR to h~f of ~ ~nlz~ffi rec~nlzed by ~e moy ~ olloffed 30 mln- ~es fo s~k ~ ~ Persons wlihlnQ Boord ogendo' Packe~ must ~ ~ d m~erl~ a minimum or.3 w~ks oubllc h~rln~ In ony c~e, ~lHen ~er~s In- tended fo ~ ~sld~ m~ed to ~e C~ s~ a mlnlmum of seven ~ ~1~ ~1 used In come a per~nent the raced. es to ~{ o ~lsl~ the 6~d ~11 ne~ ~ ra- ced of ~e ~e~o nlng th~e~, ~d ensue ~ a ~m RD~ O~ COUNTY COLLIER ..COUNTY~ FLORIDA BARBARA B. ,BERRY, CHAIR~N DWIGHT E. BROCK, CLERK By:/s/Ellie Hoff~ Auomt 23 N~ 1255~6 RESOLUTION 98- 372 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHILD DAY CARE CENTER CONDITIONAL USE "2" IH THE "I" INDUSTRIAL ZONING DISTRICT PURSUANT TO SECTION 2.2.16.3. OF THE COLLIER COUNTY LAND DEVELOPHENT CODE FOR PROPERTY LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-12~6, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier Cc,tory the power to establish, coordinate and enforce zonin9 and f3uch 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 qeographic divisions of the County, among which is the granting cf C.,)r]di. tional Uses; and WHEREAS, the C,311ior County Planning Commission, being the duly appointed and constitute<] planning board for the area hereby affected, has held a public }]earing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of [{ecti(n 2.2.16.3. in an "I" Industrial Zone for a child day care center on t'he property hereinafter described, and has fou~%d a~ .7, ~r~atter of fact (E>:hibit "A") that satisfactory provision and arranqement have been made concerning all applicable matters required by said regulations and in accordance with Subsect.ion 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHE~EAS, ail interested parties have been given opportunity to be heard by t. hi:; [~.c'~<~r~] i:1 a [~:bl~c meet].~3 assembled and the Board having considered ali matt'ers presented. NOW, THEREFORE BE IT }{ESOI,VED, BY 'rile BOARD OF ZONING APPEALS of Collier County, Florida that: 1 Tho petitio.*~ £iled by Dominick J. Amico, Jr., of Agnoli, Barber Ptund:~q..~, ~nc., representinq Collier Development Corporation with ._~v.._~ ~,:~ tho ~,roper~ / hereinafter described .... · ..~,..[t "b" which is attached hereto and incorporated by be and the same is hereby approved for Conditional Use "2" of Section 2.2.16.'3. of the "t" Industrial Zoning District for a child day care center ir: ~':co:':~anco.. w[tih the F'once~.. ~ ptual >:aster ir'lan (Exhibit "C") and su!,je :L 'o t. he [ollowinn conditions: ::,[:',:: chang,m in the location, siting, b~tidings, 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 app]icabie County ordinances in effect at the time of ~ubmittn~, Jncludinq Division 3.3, Site Development ['lan Review and approval, of the Collier County Land ?e';c~lopment Code {Ordinance No. 91-102). BE IT FURTHER RESOI,VED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ,7'r'~" day of ;"' ~ .................. --~4,~ , 1998. DWIGHT E. BF;CCK, rii,.-2rk Approved as t.o Form and Legal Sufficiency: Ma. jo%lo Assistant County Attorney BOARD OF ZOHING APPEALS COLLIER COUNTY, FLORIDA BARBA-~.A B. BEhRY,%C~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-9@-16 The following ~ac~s are found: Section 2.2.16.3.2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consiszenc'/ with the Land Deve!cpmenu Code and Growth Management P!ap: · ~ .... ~=ss ~o property and proposed structures thereon with particular ~eference to au~omoti-ze and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catasurophe: Adequate ingress & eg/ess Yes __[/ No ~.-. Affects ,.-~,.-~--..~'~c'~¼~."~'~_ prcuerties, in relation to noise, glar~',/:_~nom~c or cuor effects: %/~o ~ffect or Affect mitigated by Affect cannou be mitigated D. Compatibz!ity with adjacent properties and other ~o.~ .... z ~n the district: Ccr. patible use w~t~hin district Yes O/' No Based on the above =~ndings, n!~itional use should, with stipulations, (cop'/ attached) ~]ot) be recommended for approval ~r~ ~ ~ : MEMBER : __ EXHIBIT "A" f/C'J-95-1~ FI:~Di::G OF FACT LEGAL DESCRIPTION l.ots 31 & 33, East Naples Industrial Park, As Recorded In Plat Book 10, Pages 114 & 115 Ot'Th¢ Public Records Of Collier County, Florida. Section 35, Toxvnship 49S, Range 25E. Exhibit "B" 9' ) ~ ' ~ //i! (,08~) U..l m u_ 0 L~ I-- rr"' I t I- '~:-"-- ~-I PLOT PLAN EXHIBIT. 0 0 n O~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAl. ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Adverliscmcnl [] Oilier: (Display Ad,,'.. location, cie.) 1 7F"' Originating Dept/Div: Comm. Dcv. Serv./Planning Petition No. (If none, give bricf dcscription): v-9.R-9 Petitioner: (Name & Address): Jerry& Shelby Dclashmet, 1391 13u' Ave, No., Naples, FL 34102 Name & Address of any person(s) to be notified by Clerk's Office: (If more s~'~ce is needed, attach separate sheet) Hearing before BCC XXX BZA , Olher Requested ttearing date: Based on advertisement appearin~ I~Llays before hearing. Newspaper(si to be ii.ced: (Complem onh' if importanl): ~"CX Naples Daily News Other [] Legally Required Proposed Text: (Include legal descriplion & common location & Size: Petition No. ~1 1 Delashmet r uestin an nfier-the-fact variance of l.6 feet fr mlhere uiredrcarvard tback-~~ g.4 feet and 0.5 f, etofthere uiredside ard setback of 7.5 feet to 7.0feet for property &scribed as lhe ,,','cst 54 feet of Lot 12 and the east 10 feet of Lot 13 of ibc Gordon River Uomes st,bdMsion, in Section 34, Towns. hip 49 Soulb, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed bcaring date: Does Pcfilion Fcc include advertising cost? [~es [] No Rcvic~vcd by: DMsion Head Dam List Attachments: If Yes. what account should be charged for advcrlising costs: Approved by: County Manager Date D ISTRI B UTION INSTR I. JCTIO NS For hearings t)cfore BCC or BT. eM Initiating person to complete one coy and obtain Division ltcad approval before submitting to County Manager. Note: If legal document is involved, lie sure that any necessary, legal review, or request for same. is submitted to County Attorney hcfore submitting to County Manager. The Manager s office will distribute copies: [] Count.,,' Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Otbcr hcarings: Initiating Division bend to approve and st,bruit original to Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: q/;-~,/'¢~: Date of Public bearing: ~/.~.-~//.,9/J5 Date Advertised: . V/~.~.I, 5 FESOLUTrOt~ ,*~'O. ?9- RELATiiiG ia ~KTTT'~¢N NUMBER V-95-9, FCR A '.'AR[ANCE CN PROPERTY HEREINAFTER ~ESC.F'~'n='~ '" COLLIER COUNTY, FLORIDA. '.':HKFE.-':::, ':!-.,:, '-..:,:ri.:..,:.'.:re o; '.he Sta~e o~ Florida in Chapter , -- =~ c:unt:es in Florida the power to · -~stabi~sn, coordir, ate and enforce zoning and such business regulations as ~.2 ~.~:'>>~.' ~'/ [ '~ 'n~. ~ ~:.i.%,?Ttlc~ Of tho public; and .'~?iE?.E.%3, ':""' '"';:'.:7 ~:.':reuar, t ~hereLS h.~s m-]opt.0j a Land 2evelopm,',~- "' - ' ~o. the zoning ,:~: ::,~rt:cuiar ~:,~,~,:~.~.-t , , islons of the County, a:ncng which is the , ..: .., !~... . qrant~ng of '/arianre~; .,'~nd 'sn::'.:,':L.::: E~.,,: i .:: ':.,. ,re:t here~7 affected, has held a public hearing F, fter :;at:ce as in s,,:.i reouiations made and provided, and has considered "h~ : q': i s,~:: i~ ....... ~ ' " ~:-~ :~ .'-fo. at after-the-fact variance from the required ::.}c,: '.'~i: 1 :'.?, :. if.: · :.'.: .... ~ 4 feel and 0.5 foot ~ = -~ ~- ..... a~r ~h_ fac~ '.'~ri.:n~e :':'c.m ::L.? :'eoF;::'::': :~i~e 7ard se:Dack of 7.5 feet to 7.0 feet as sho',~a c:~ the at: :, :::,,d ;,irt plan, Ez~ibi: "A", in an P. SF-4 Zone for the ?:'??,~:"'; h,'.r..lr:.,:',:~:- :':::.::-:ired, and has found as a mau~er of fac~ that :~,s:::;:acLc:v pr:'.'i::ic:. ,:,d arr:mgemen: have been made concer~fng ali ipp!:;a~i,'~ ~att,,r:~ r'~:'~rod ~'/ said regulations and in accordance wi:h ~ert:3n ~.7.5 , f the "',n:r:q Re~ulations of ~a~,.~ !,ancf Deve!cDment CoJe '.'.'~{!iFF.:...', :i ir.'. : ... :-: : -~L'Ti,~S :,'~';e ~e.::; ~:i':,5:l o~portunit7 t~ .......... :: . -. ''. ..... r.J :: .;rE h3A~D L.F 2ONi:.iG AP['EALS ':ii:er '.'~t:r~t':., ~'l : 2.:.~, .... ':~: hV C,~rr7 tnd Shelby Delashmet, with ~'.:-5:.z:; F L'.'.~: .'. ~"':' .' ;: .:,'.'::si~:t, .,S rec:rc:e,:l :n Fiat Ecok 2, ' :" ;, ' ':.': :: . - :.: :.: L::: .: ./.~22:er ~jun:7, 2~ and ' ~',', :~a:::c. .-,~, ~.. , ........... ~ :s ,ipproved for a G-Ioof after-the-~ac~ var:anco frrm ~.~ "= p"re~J r. ea: "~rs: ~:etbac~ of lO feet ~o 8.4 feeE and 0 5 foot 17F- - ,~ft<'r-':.-5-:~.ct '.'arinnce :rcm 'he re,~:~'ired side yard setback cfi T.5 feet Zfnzn-: Z: :' ::c: '.,'h~.reln sai~ prcper:y is located. '.'-?~-' ;:.) :-.~ccrd,~.i ir, ~he minutes of tP, is Eoarc2. Th:s ?,?solut~sn adopted after motion, second and majority vote. ':-.v 'his ,ua,/ Of , 1998. BARBARA B. BERRY, CNairman Approved as to Form and Legal Sufficiency: :'larla.~ie N. Student Assistant l}uncy Attorney -2- l; · Exhibit A ~ OF PAGES (including this cover) llilillilliilliillilililiiliiillllllilllillillllllililillilllli TO: LOCATION~ ~S DAIL! NEWS FAX NO. ~ C0HHE~S ~ 263-4864 ilililliiliillllilliliillllilllilillilillil'iiiliilllllilllillli FROM: LOCATION: FAX ELLIE HOFFMAN - MINUTES & RECORDS Collier County Courthouse "~ (813) 774-8408 , PHONE'NO: (813) 776-8406 009 / 07-29/ 12:01 o~o J e?-3o~ eg:il 80°8~ Ol 80°01'56 00°01'58 I-- 3 Time sunt: //.,Z~4t.,~l' 1_ 7 F" -,..-, July 29, 1998 PIs. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition V-98-9 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 23, 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. 803277 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SE~i'EMBER 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 V-98-9, Jerry and Shelby Delashmet requesting an after-the fact variance of 1.6 feet from the required rear yard setback of 10 feet to 8.4 feet and 0.5 feet of the required side yard setback of 7.5 feet to 7.0 feet for property described as the west 54 feet of Lot 12 and the east 10 feet of Lot 13 of the Gordon River Homes Subdivision, in Section 34, Township 49 South, Range 25 East, Collier County, Florida. NOT____E: All persons wishing to speak on any agenda item must register with the County administrator r~ to presentation of the agenda izem 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, a spokesperson for a g~oup or organization may be allotted 10 minutes [o speak on an i[em. 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 wil~ 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 CO[,E,IiSSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, C~[AIR~,~N DWIGHT E. BROCK, CLERK BY: /s/Ellie I{offman, Deputy Clerk (SEAL) I?F July 29, 1998 Jerry & Shelby Delashmet 1391 13th Avenue North ~{aples, FL 34102 Re: Notice of Public Hearing to Consider Petition V-9~-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 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, August 23, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Naples Daily News Naples, FL 33940 Affidavit of Publicat~Dn Naples Daily News BOARD OF COUNTY COHH]SSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #80327? 57737~6 t~TiCE OF PUBLIC HEA State of Florida Co*mty of Collier Before the undersigned authority, personalty appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, 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 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 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 08/23 AD SPACE: 92.000 INCH FILED 0~: 08/24/98 Signature of Affiant '~ /~ J S~:)rn to and Subscribed before me this .'~ ~' day of /~': '.,.~.' 19~~ NOT CE OF PUBLIC HEARING ' Notice IS heret:)¥ give1 th~ the Board Co~mlsstoner$ o~ C~l~ he~lng On TUE~AY, Admlnls~ Bullai~, C~ller C~ ~ve~: Tomloml Trail, N~les, ~ln ~ ~ A~ ~J tlon V-91-~, , J~ ~ / Shelby Delothmet~..re- / ~ rwlr~ r~ ~d ~ ~ 10 fe~ ~ 8.4 ~t ~ ~5 fe~ of ~e re. ~ed SI~ v~d ~k ~ 75 feet ~ 7~ f~ f~ w~t 54 fe~ ~ L~ 12 ~ the e~t 10 f~ ~ L~ 13 of the · Gordon River Homes S~lvl~6n, /n ~l~ 34. To~ 4~ lief C~, NOTE: All persont wishing to ~ ~ tar w~ ~. p~ ~ mlnlstrotor ~ ~em ~ I~lv(~l ' ~e~ gr~ Is rec~lzed by ~e ~- ~ ~ oll~ed 10 min. ~es to ~ ~ ~ Hem. Persons wishing Io h~e ~ ~ ~eriols I~lu~ In Board agenda p~kets ~st ~ ~ld m~ a minimum ~ 3 pr~ ~ ~ r~ p~ll¢ hear n~ In case, ~n ~s te~ ~ ~ C~ st~ o minimum ~ seven ~ ~1~ ~ Gl u~d In ~esen~l~s ~f~e ~e ~d ~11 c~e a ~er~t ~ t~e rec~ Any ~F~ ~ ~ld: es to ~ a ~clfl~ the B~d will n~ a re- ~e~alnlng thereto, e~ef~e, ~Y ~ en~ure ~ ~ v~tm rec~d of ~e Is ~e, ~lch rec~d clu~s ~e te~Y evIde~e ~ ~lch ~lls~be~ BOARD OF COUNTY CO~I~SIONERS COLLIER COUNTY, FLORIDA 8A~:BARA B, BERRY, CHAIRMAN DWIGHT E,' BROCK, CLERK By:/s/Ellle 17 F-" itI';L'OLUTiON NO. 9~- 373 F~;R A VARIA',iCE ON PROPERTY HEREINAFTER I?E.qC,:;'If~E[~ l:l COi,LIER COUHTY, FLORIDA. Floricta .;:a',.ut,~s, h,~s ,:ont,~rro~! on all counties in Florida Lbo pow!,r Lc establish, ,>:>o:,iih,lt.~ ,~n,l entorc,-~ ~onin9 and such business regtllat~o:ts ,~ are nece:~:~ary :,,:' the prct oct ioll of the publ ic; and WHEREAS, t_ho :(,u::ty pursuant thereto has adopted a I,and Development Code (Ordinanc."~ No. 91-i(~2) which estab~ishes requlations for the Of particular qi.~qInphlc ,ti'.'i:;;ons of the County, amen9 which is the WHEFEAS, lh,~ i!<~,lrd ~;[ Zoning Appeals, tetng the duly elected constitut,~d [I~4:~ ~ f th,', n~ea hereby a~fected, has held a public heari:~l rear '/4:'d :¢r,t. h4,zk ~f l~] ~ ..... t. to> ~i.4 feet and 0.5 foot after-the-fact variant-,', lr~:m th,~ :~r{Uireri :;[,:h'~ yard setk,,'lck c~ 7.5 leer to 7.0 leer aho'.':~ ~:: '~;,~ d~,~,'~;,-, i !,1,~' ~ inn, Exhibit "A", in dn RSF-4 Zone lot pro[~ert./ he:',~inatt,:~: d,~:~,~:ih~,:t, and has Lound as a matter of fact that sar. isa,act:orV [>:~:vi~ion ,~n,i ~rr,~nqement h~ve been made concerning ali applicable matters r~]qu[r,:d by said regulations and in accordance with section 2.7.5 of the Zoniu-~ Regulations of said I,and Development Code for the unincorpor,]te, i area ot Ccl. li.:~r CountT; and WHE?KAS, ,~ll ~:t',..:,~::t,, i pa:'t.ies have been given opportunity to be he.'~:d ~'/ ~,;,,.; h:,,~ : i:, ~,;'.[ l: : m,_>.:ting assembled, and the Board havin{l Nc;W :'!i~<FKF,.!.K ~'!'~ ['1' ?F,i'~'~W/Ei~ ~'f THE BOARD O[" ZONING APPEALS of Thc' ~,.~t. iti n '.'-"'~- , :: I,, ! h'/ ferry ,lad Shelby D,?lashmet, with respect ,:c: the t'r i>,~rtV h,,t~lltdtI~t, el' described as: Tho west b.; :,,,>tol i,.,L 12 and the east 10 fret of Lot Gordon k[v,.,: Hc<no:i :;ubiivision, as recorded in Plat Book 2, Page ~,I, o~ th,~ P,~b![ ' R,-,,cords of Collier County, Florida. ko and th,-~ ~;.inv, h,~ro~,,/ i:; ~!T~rO'.,ed for a 1.6-foot after-the-fact from the req'.:iro<l roa~ y~r,'t ~mt. back of 10 feet to 8.4 feet and 0,5 -1- 17F a:t<,:'-t!.,~-' , .' ...::: ~::.,~ ::tm the required side yard setback of 7.5 feet t.~ 7. : ..... ~:: :t;'',-,: t, ~:~" ,~ t.~:hO<t plot [~at'~, E×hibit "A", of thc' RSF-4 .......... · .,~,~. '.:~.~t ~L:; i'~esoiutio:l re[atinq to Pot. iti~m Number 'J-'"~-' ' ..... ' b ~ ~.:, ' ~," · ;' e ~ of thls, EOARD OF ZONING APPEALS COLI.IER COUNTY, I"LORIDA -2- t E~hibi t, A