Strada BellaCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
MEMORANDUM
TO:
FROM:
DATE:
RE:
Sue FilSOn, Administrative Assistant
John R. Houldsworth, Senior Engineer ~_~O
March 14,2002
Strada Bella
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for
Strada Bella. This document has been reviewed by
Engineering Review and the Countv Attorney's Office.
Collier County Resolution No. 93-147 provides for the
administrative approval of preliminary work authorizations.
Please have the Chairman sign the document and forward
to the Clerk's office.
Should you have any questions, please advise.
jrh
cc:
Project File
Reading File
"STRADA BELLA"
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this 5th day of March, 2002, by and between the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County",
and Strada Bella Development LLC, hereinafter referred to as the "Owner".
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 00-53 known as the
Olde Cypress PUD Ordinance, hereinafter referred to as Strada Bella; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands
described in Boundary Survey, prepared by Brett Bishop, Land Surveying Inc., said legal
description attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District is currently reviewing an
application for a surface water management permit for Strada Bella, SFWMD Application No.
1101232-S (see attached Exhibit B); and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because failure to commence work on this project immediately will result in financial hardship to
owner and may adversely affect the feasability of the project; and
WHEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive areas unless the necessary permits and approvals for the construction
have been obtained by the Owner; and
WHEREAS, Owner acknowledges that all requirements of Collier County's Growth
Management Plan and Adequate Public Facilities Ordinance, No. 93-82, will be met prior to
approval of a final subdivision plat, or final site development plan or building permit, as
appropriate; and
WHEREAS, Section 3.2.7.3.6 of the Land Development Code establishes a mechanism
for processing and issuing a Preliminary Work Authorization.
NOW THEREFORE, in consideration of the premises, the mutual undertakings of the
parties, and other good and valuable consideration, it is agreed by the parties hereto as follows:
SECTION 1 - ACKNOWLEDGMENT
The foregoing recitals are true and correct and are incorporated herein by reference.
Further, it is jointly acknowledged that the execution of this Agreement does not constitute a
Development Order or any other final approval by Collier County.
SECTION 2 - IMPROVEMENTS
A. Owner shall be permitted to perform site preparation and construction activities subject to
the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows:
The preliminary work detailed in this Section shall be in accordance with plans entitled
Strada Bella; consisting of 9 sheets, prepared by Landy Engineering, dated March 16, 2001,
hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the
Preliminary Work is shown on the preliminary plat for Strada Bella consisting of 2 sheets
prepared by Brett Bishop, Brett Bishop Land Surveying, Inc.
B. Prior to any work being undertaken, owner shall submit to the County complete permit
packages and applicable review and inspection fees for the necessary permits for the Preliminary
Work (the "Preliminary Work Permits"). These applications are as follows:
FP #AR - 912
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
a. County staff finding that the applications for Preliminary Work Permits are complete and
satisfactory and are ready for scheduling to the Board of County Commissioners for final plat
approval.
b. Owner submitting to the County a copy of the early work permit or actual permit from the
South Florida Water Management District for all matters included in the jurisdiction of the South
Florida Water Management District, which conforms with the Preliminary Work Release plans
submitted to the County.
SFWMD Permit #1101232-S issued June 25, 2001
2
SECTION 4 - APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to
plat approval once conditions in Section 3 above have been satisfied. Owner understands and
acknowledges that no building permit will be issued for habitable structures within Strada Bella
until the plat is approved and recorded.
SECTION 5 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss,
damage or expense from claims or causes of action including attorneys fees and court costs,
resulting from, arising out of, and in connection with Owner's negligence and/or willful
misconduct in the construction of the Preliminary Work under the Preliminary Work Permits or
any challenge by any person or party objecting to the legality or validity of this Agreement.
SECTION 6 - RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferable.
SECTION 7 - LIMITATIONS
This Agreement shall expire thirty (30) days from the date of the issuance of the
Preliminary Work Permits if the project's final plat is not submitted to the Board of County
Commissioners for approval pursuant to Division 3.2 of the Land Development Code, unless the
Owner is delayed in having his final plat reviewed by the Board due to the fault of the County.
All work approved by this Agreement must cease and not restart if the final plat is not submitted
and approved by the Board of County Commissioners within this authorization period. No work
is authorized under this Agreement prior to satisfying the conditions in Section 3 of this
Agreement. Any attempt to commence work prior to issuance of requisite permits shall render
all provisions of this Agreement null and void.
By entering into this Agreement the County does not guarantee and the Owner can not
rely upon the fact that the project's final plat will be approved upon submission to the Board of
County Commissioners. The Owner is required to comply with all of the provisions and
procedures of the Land Development Code before the final plat can be submitted to the Board for
consideration.
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
Witne s(J
P,~ name
Witness
Printed nme
Strada Bella Development, LLC
A Flori~ability Company
John So/~ng Member
Dwight ~.. ~l~J,..~:., ,,,
~ove~'q~~g dflegal sufficiency:
Assist~t ~un{y Attorney, ~}r,~
STA~ OF ~OR~A
COUNTY OF COLLAR
Public Seal
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
The foregoi0g 6pplication was acknowledged before me this /15'~ day of /~4~ ~-~
200~ by ~](~]"SF-) ~[/'~--_~ , w. ho is personally known to me, or who has produced
as identification and who did (did not) take an oath.
S~gnature d~ l~l;~aryt-' - -
Print n~e of Not~ ~blic
NOTARY PUBLIC
SefiaFCommission ~ ~ ~
My Commission Expires · { ] ~% ~ ~
4
03/05/02
cOUNTY-I .......
REAL PROPERTY-DESCRIPTION
ALL OF TRACT 7, AND A PORTION OF TRACT J, OLDE CYPRESS, UNIT ONE,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 52 AT PAGES 1 THROUGH 11
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 7; THENCE
N.89'O4'49"E., ALONG THE NORTH LINE OF SAID TRACT 7, A DISTANCE OF
. ORTHEAST CORNER OF SAID TRACT 7; THENCE
14.45.28 FEET TO THE N _._ RACT 7 AND THE EASTr-RLY
LINE OF SAID TRACI ,J, ,~, u~o-~,~- ~' '
CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 525.00 FEET, A
CENTRAL ANGLE OF 47'45'26", A CHORD BEARING OF N.69'12'f2"W-, AND A
CHORD LENGTH OF 26~.12 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN
ARC LENGTH OF 270.89 FEET TO A POINT ON THE SOUTHERLY UNE OF SAiD
TRACT ?; THENCE N.4.5'19'55"W., ALONG SAID SOUTHERLY LINE, A DISTANCE OF
60.90 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A
RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 45'55'54", A CHORD BEARING OF
N.68'O7'.33"W., AND A CHORD LENGTH OF 23.25 FEET; THENCE ALONG THE ARC
OF SAiD CURVE AND SAID SOUTHERLY LINE, AN ARC LENGTH OF 25.88 FEET;
THENCE] S. 89'06'06"W., ALONG SAID SOUTHERLY LINE A DISTANCE OF 946.65
FEET TO THE POINT OF CURVATURE OF A CURVE T,O THE RIGHT, HAVING: A
RADIUS OF 195.00 FEET, A CENTRAL ANGLE OF 59'15'48", A CHORD BEARING OF
S.78'50'14"W-, ANO A CHORD LENGTH OF 192.8:2 FEET; THENCE ALONG THE ARC
OF SAID CURVE, AN ARC LENGTH OF 201.70 FEET TO A POINT ON THE
WESTERLY LINE OF SAID TRACT J; THENCE N.OI'OO'OS"W., ALONG THE WESTERLY
LINE OF SAID TRACT J AND THE WESTERLY LINE OF SAiD TRACT 7, A DISTANCE
OF 254-.23 FEET TO THE POINT OF BEGINNING.
CONTAINING 8.17 ACRES, MORE OR LESS. '.'-'
,~, m.T ,,,~ .I~.T.
15:44 FAX 9416436968 COLLIER CO COMMUNITY DEV ~006
STAFF REPORT DISTRIBUTION LIST
STRADA BELLA
APPLICATION NUMBER: 010530-6
PERMIT MODIFICATION NUMBER: 11-01232-S
INTERNAL DISTRIBUTION
Reviewer:
X Harry T. Spotts
X Victor Maqwaza, E.I.
X Karen M. Johnson
X Richard H. Thompson, P.E.
Fort Myers Service Center - 1620
J. Golden REG
R. Robbins - NRM
A. Waterhouse - REG
X Permit File
X FIELD ENGINEERING
P. Bell - LEG
ERC Engineering
X ERC Environmental
Enforcement
DEPT. OF ENVIRONMENTAL PROTECTION
EXTERNAL DISTRIBUTION
X Applicant:
SANTORINI VILLAS DEVELOPMENT II LL£
X Applicant's Consultant
LANDY ENGINEERING INC
X Engineer, County of:
COLLIER
COUNTY
X Collier
-Agricultural Agent
BUILDING AND ZONING
OTHER
X Collier-County Audubon Society
X Div of Recreation and Park District 8
X Florida Audubon - Charles Lee
X Florida Fish & Wildlife Conservation Com
X Leonore Reich
X S.W.F.R.P.C. Glenn Heath
EXHIBIT 6
Form #0942
08/95
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SURFACE WATER MANAGEMENT
GENERAL PERMIT NO. 11-01232-S
PERMITTEE' SANTORINI VILLAS DEVELOPMENT II LLC
2043 TRADE CENTER WAY
NAPLES, FL 34109
DATE ISSUED' June 25, 2001
PROJECT DESCRIPTION- MODIFICATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING 8.17
ACRE(S) OF RESIDENTIAL DEVELOPMENT KNOWN AS STRADA BELLA.
PROJECT LOCATION. COLLIER COUNTY, SEC 21TWP 48S RGE 26E
PERMIT DURATION:
Five years from the date issued to complete construction of the
surface water management system as authorized herein. See attached
Rule 40E-4.321. Florida Administrative Code.
This is to notify you of the District's agency action concerning Permit Application No.
010530-6, dated May 30, 2001. This action is taken pursuant to Rule 40E-1.606 and
Chapter 40E-40, Florida Administrative Code (F.A.C.).
Based on the information provided, District rules have been adhered to and a Surface
Water Management General Permit is in effect for this project subject to:
1. Not receiving a filed request for a Chapter 120, Florida Statutes administrative
hearing, '
2. the attached Standard Limiting Conditions,
3. the attached 8 Special Conditions, and
4. the attached 6 Exhibit(s).
Should you object to these conditions, please refer to the attached "Notice of
Rights" which addresses the procedures to be followed if you desire a public hearing
or other review of th6 proposed agency action. Please contact this office if you
have any questions concerning this matter. If we do not hear from you in accordance
with the "Notice of Rights," we will assume that you concur with the District's
action.
CERTIFICATE OF SERVICE
I HEREBY CERl~'~hat a "Notice of Rights" has been mailed to the Permittee (and the
persons/qtiste$ in/the attached distribution list) no later than 5:00 p.m. on this
25th (~y~of ~une//,~, in accordance with Section 120.60(3), Florida Statutes.
C 'i ~--Merri a~f
Service Direct
Center o~
Ft Myers Service Center
Certified Mail No.7000 0600 0023 0588 0311
Enclosures
NOTICE OF RIGHTS
Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or
judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be
followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of
Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or
appropriate remedy. You may wish to consult an attorney regarding your legal rights.
Petition for Administrative Proceedings
1. A person whose substantial interests are
affected by the South Flodda Water Management District's
(SFWMD) action has the right to request an administrative
headng on that action. The affected person may request
either a formal or an informal headng, as set forth below. A
point of entry into administrative proceedings is governed
by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code,
(also published as an exception to the Uniform Rules of
Procedure as Rule 40E-0.109), as set forth below.
Petitions are deemed filed upon receipt of the odginal
documents by the SFWMD Clerk.
a. Formal Administrative Headnq: If a
genuine issue(s) of material fact is in dispute, the affected
person seeking a formal headng on a SFWMD decision
which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(1), Fla. Stat. or for mediation pursuant to
Section 120.573, Fla. Stat. within 21 days, except as
provided in subsections c. and d. below, of either written
notice through mail or posting or publication of notice that
the SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-106.201(2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
b. Informal Administrative Headn,q: If there
are no issues of matedal fact in dispute, the affected
person seeking an informal headng on a SFWMD decision
which does or may determine their substantial interests
shall file a petition for headng pursuant to Sections 120.569
and 120.57(2), Fla. Stat. or for mediation pursuant to
Section 120.573, Fla. Stat. within 21 days, except as
provided in subsections c. and d. below, of either wdtten
notice through mail or posting or publication of notice that
the SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-106.301(2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
c. Administrative Complaint and Order:.
If a Respondent objects to a SFWMD Administrative
Complaint and Order, pursuant to Section 373.119, Fla.
Stat. (1997), the person named in the Administrative
Complaint and Order may file a petition for a headng no
later than 14 days after the date such order is served.
Petitions must substantially comply with the requirements
of either subsection a. or b. above.
d. State Lands Environmental Resource
.P. ermit: Pursuant to Section 373.427, Fla. Stat., and Rule
40E-1.511(3), Fla. Admin. Code (also published as an
exception to the Uniform Rules of Procedure as Rule 40E-
0.109(2)(c)), a petition objecting to the SFWMD's agency
action regarding consolidated applications 'for
Environmental Resource Permits and Use of Sovereign
Submerged Lands (SLERPs), must be filed within 14 days
of the notice of consolidated intent to grant or deny the
SLERP. Petitions must substantially comply with the
requirements of either subsection a. or b. above.
e. Eme ,n:lencyAuthodzation and Order:
A person whose substantial interests are affected by a
SFWMD Emergency Authorization and Order, has a right
to file a petition under Sections 120.569, 120.57(1), and
120:57(2), Fla. Stat., as provided in subsections a. and b.
above. However, the person, or the agent of the person
responsible for causing or contributing to the emergency
conditions shall take whatever action necessary to cause
immediate compliance with the terms of the Emergency
Authorization and Order.
f. Order for Emergency Action: A person
whose substantial interests are affected by a SFWMD
Order for Emergency Action has a dght 'to file a petition
pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin.
Code, copies of which are attached to this Notice of Rights,
and Section 373.119(3), Fla. Stat., for a headng on the
Order. Any subsequent agency action or proposed agency
action to initiate a formal revocation proceeding shall be
separately noticed pursuant to section g. below.
g. Permit Suspension, Revocation,
Annulment, and Withdrawal: If the SFWMD issues an
administrative complaint-to suspend, revoke, annul, or
withdraw a permit, the permittee may request a hearing to
be conducted in accordance with Sections 120.569 and
120.57, Fla. Stat., within 21 days of either wdtten notice
through mail or posting or publication of notice that the
SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-107.004(3), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
2. Because the administrative headng process
is designed to formulate final agency action, the filing of
a petition means that the SFWMD's final action may be
different from the position taken by it previously.
Persons whose substantial interests may be affected by
Revised August, 2000
any such final decision of the SFWMD shall have,
pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also
published as an exception to the Uniform Rules of
Procedure as Rule 40E-0.109(2)(c)), an additional 21
days from the date of receipt of notice of said decision to
request an administrative hearing. However, the scope of
the administrative hearing shall be limited to the
substantial deviation.
3. Pursuant to Rule 40E-1.511(4), Fla. Admin.
Code, substantially affected persons entitled to a headng
pursuant to Section 120.57(1), Fla. Stat., may waive their
right to such a headng and request an informal headng
before the Governing Board pursuant to Section 120.57(2),
Fla. Stat., which may be granted at the option of the
Governing Board.
4. Pursuant to Rule 28-106.111(3), Fla. Admin.
Code, persons may file with the SFWMD a request for
extension of time for filing a petition. The SFWMD, for
good cause shown, may grant the extension. The request
for extension must contain a certificate that the petitioner
has consulted with all other parties, if any, conceming the
extension and that the SFWMD and all other parties agree
to the extension.
CIRCUIT COURT
5. Pursuant to Section 373.617, Fla. Stat., any
substantially affected person who claims that final agency
action of the SFWMD relating to permit decisions
constitutes an unconstitutional taking of property without
just compensation may seek judicial review of the action in
circuit court by filing a civil action in the circuit court in the
judicial circuit in which the affected property is located
within 90 days of the rendering of the SFWMD's final
agency action.
6. Pursuant to Section 403.412, Fla. Stat., any
citizen of Florida may bring an action for injunctive relief
against the SFWMD to compel the SFVVMD to enforce the
laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin.
Code. The complaining party must file with the SFVVMD
Clerk a verified complaint setting forth the facts upon which
the complaint is based and the :manner in which the
complaining party is affected. If the SFWMD does not take
appropriate action on the complaint within 30 days of
receipt, the complaining ,.party may then file a civil suit for
injunctive relief in the 15~' Judicial Circuit in and for Palm
Beach County or circuit court in the county where the
cause of action allegedly occurred.
7. Pursuant to Section 373.433, Fla. Stat., a
pdvate citizen of Flodda may file suit in circuit court to
require the abatement of any stormwater management
system, dam, impoundment, reservoir, appurtenant work or
works that violate the provisions of Chapter 373, Fla. Stat.
DISTRICT COURT OF APPEAL
8. Pursuant to Section 120.68, Fla. Stat., a party
who is adversely affected by final SFWMD action may
seek judicial review of the SFWMD's final decision by filing
a notice of appeal pursuant to Flodda Rule of Appellate
Procedure 9.110 in the Fourth Distdct Court of Appeal or in
the appellate distdct where a party resides and filing a
second copy of the notice with the SFWMD Clerk within 30
days of rendering of the final SFWMD action.
LAND AND WATER ADJUDICATORY COMMISSION
9. A party to a "proceeding below" may seek
review by the Land and Water Adjudicatory Commission
(FLAWAC) of SFWMD's final agency action to determih'e if
such action is consistent with the provisions and purposes
of Chapter 373, Fla. Stat. Pursuant to Section 373.114,
Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin.
Code, a request for review of (a) an order or rule of the
SFWMD must be filed with FLAWAC within 20 days after
rendition of the order or adoption of the rule sought to be
reviewed; (b) an order of the Department of Environmental
Protection (DEP) requiring amendment or repeal of a
SFWMD rule must be filed with FLAWAC within 30 days of
rendition of the DEP's order, and (c) a SFWMD order
entered pursuant to a formal administrative headng under
Section 120.57(1), Fla. Stat., must be filed no later than 20
days after rendition of the SFVVMD's final order.
Simultaneous with filing, a copy of the request for review
must be served on the DEP Secretary, any person named
in the SFWMD or DEP final order, and all parties to the
proceeding below. A copy of Rule 42-2.013, Fla. Admin.
Code is attached to this Notice of Rights.
PRIVATE PROPERTY RIGHTS PROTECTION ACT
10. A property owner who alleges a specific action
of the SFVVMD has inordinately burdened an existing use
of the real property, or a vested right to a spedfic use of
the real property, may file a claim in the circuit court where
the real property is located within 1 year of the SFWMD
action pursuant to the procedures set forth in Subsection
70.001(4)(a), Fla. Stat.
LAND USE AND ENVIRON MENTAL DISPUTE RESOLUTION
11. A property owner who alleges that a SFWMD
development order (as that term is defined in Section
70.51(2)(a), Fla. Stat. to include permits) or SFWMD
enforcement action is unreasonable, or unfaidy burdens
the use of the real property, may file a request for relief
'~th the SFWMD within 30 days of receipt of the SFWMD's
order or notice of agency action pursuant to the procedures
set forth in Subsections 70.51 (4) and (6), Fla. Stat.
MEDIATION
12. A person whose substantial interests are.
or may be, affected by the SF'WMD's action may choose
mediation as an aitemative remedy under Section 120.573,
Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin.
Code, the petition for mediation shall be filed within 21
days. of either written ~lotice through mail or postir~g or
Revised August, 2000
publication of notice that the SFWMD has or intends to
take final agency action. Choosing mediation will not affect
the dght to an administrative headng if mediation does not
result in settlement.
Pursuant to Rule 28-106.402, Fla. Admin. Code, the
contents of the petition for mediation shall contain the
following information:
(1) the name, address, and telephone
number of the person requesting mediation and that
person's representative, if any;
(2) a statement of the preliminary agency
action;
(3) an explanation of how the person's
substantial interests will be affected by the agency
determination; and
(4) a statement of relief sought.
As provided in Section 120.573, Fla. Stat. (1997), the
timely agreement of all the parties to mediate will toll the
time limitations imposed by Sections 120.569 and 120.57,
Fla. Stat., for requesting and holding an administrative
hearing. Unless otherwise agreed by the parties, the
mediation must be concluded within 60 days of the
execution of the agreement. If mediation results in
settlement of the dispute, the SFVVMD must enter a final
order incorporating the agreement of the parties. Persons
whose substantial interest will be affected by such a
modified agency decision have a dght to petition for
headng Within 21 days of receipt of the final order in
accordance with the requirements of Sections 120.569 and
120.57, Fla. Stat., and SFWMD Rule 28-106.201(2), Fla.
Admin. Code. If mediation terminates without settlement of
the dispute, the SFWMD shall notify all parties in wdting
that the administrative headng process under Sections
120.569 and 120.57, Fla. Stat., remain available for
disposition of the dispute, and the notice will specify the
deadlines that then will apply for challenging the agency
action. -
VARIANCES AND WAIVERS
13. A person who is subject to' regulation
pursuant to a SFWMD rule and believes the application of
that rule will create a substantial hardship or will violate
principles of faimess (as those terms are defined in
Subsection 120.542(2), Fla. Stat.) and can demonstrate
that the purpose of. the underlying statute will be or has
been achieved by other means, may file a petition with the
SFWMD Clerk requesting a vadance from or waiver of the
SFWMD rule. Applying for a vadance or waiver does not
substitute or extend the time for filing a petition for an
administrative headng or exercising any other right that a
person may have concerning the SFWMD's action.
Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the
petition must include the following information:
(a) the caption shall read:
Petition for (Variance from) or (Waiver of) Rule (Citation)
(b) The name, address, telephone number
and any facsimile number of the petitioner;
(c) The name, address telephone number
and any facsimile number of the attorney or qualified
representative of the petitioner, (if any);
(d) the applicable rule or portion of the rule;
(e) the citation to the statue the rule is
implementing;
(f) the type of action requested;
(g) the specific facts that demonstrate a
substantial hardship or violation of principals of fairness
that would justify a waiver or vadance for the petitioner;
(h) the reason why the vadance or the waiver
requested would serve the purposes of the underlying
statute; and
(i) a statement of whether the variance' or
waiver is permanent or temporary, If the vadance or
waiver is temporary, the petition shall include the dates
indicating the duration of the requested variance or waiver.
A person requesting an emergency vadance from or
waiver of a SFVVMD rule must cleady so state in the
caption of the petition. In addition to the requirements of
Section 120.542(5), Fla. Stat. pursuant to Rule 28-
104.004(2), Fla. Admin. Code, the petition must also
include:
a) the specific facts that make the situation an
emergency; and
b) the specific facts to show that the petitioner will
suffer immediate adverse effect unless the variance or
waiver is issued by the SFWMD more expeditiously than
the applicable timeframes set forth in Section 120.542, Fla.
Stat.
WAIVER OF RIGHTS
14. Failure to observe the relevant time
frames prescribed above will constitute a waiver of such
dght.
28-106.201 INITIATION OF PROCEEDINGS
(INVOLVING DISPUTED ISSUES OF MATERIAL FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
a~d each agency's file or identification nuh~ber, if known;
(b) The name, address, and telephone number of the
petitionec the name, address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes during the course of the
proceeding, and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner
received notice of the agency decision;
(d) A statement of all disputed issues of material fact.
If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged,
as well as the rules and statutes which entitle the petitioner
to relief; and
(0 A demand for relief.
Revised August, 2000
28-106.301
INITIATION OF PROCEEDINGS
(NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number, if known;
(b) The name, address, and telephone number of the
petitioner; the name, address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes dudng the course of the
proceeding, and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner
received notice of the agency decision;
(d) A concise statement of the ultimate facts alleged,
as well as .t. he rules and statutes which entitle the petitioner
to relief; and
(e) A demand for relief.
28-107.004 SUSPENSION, REVOCATION, ANNULMENT,
OR WITHDRAWAL
(3) Requests for hearing filed in accordance with this
rule shall include:
(a) The name and address ol= the party making the
request, for purposes of service;
(b) A statement that the party is requesting a headng
involving disputed issues of matedal fact, or a headng not
involving disputed issues of matedal fact; and
(c) A reference to the notice, order to show cause,
administrative complaint, or other communication that the
party has received from the agency.
42-2.0'13 REQUEST FOR REVIEW PURSUANT TO
SECTION 373.114 OR 373.217
(1) In any proceeding arising under Chapter 373, F.S.,
review by the Flodda Land-and Water Adjudicatory
Commission may be initiated by the Department or a party
by filing a request for such review with the Secretary of the
Commission and serving a copy on any person named in
the rule or order, and on all parties to the proceeding
which resulted in the order sought to be reviewed. A
certificate of service showing completion of service as
required by this subsection shall be a requirement for a
determination of sufficiency under Rule 42-2.0132. Failure
to file the request with the Commission within the time
pedod provided in Rule 42-2.0132 shall result in dismissal
of the request for review.
(2) The request for review shall identify the rule or order
requested to be reviewed, the proceeding in which the rule
or order was entered and the nature of the rule or order. A
copy of the rule or order sought to be reviewed shall be
attached. The request for review shall state with
particularity:
(a) How the order or rule conflicts with the
requirements, provisions and purposes of Chapter 373,
F.S., or rules duly adopted thereunder;
Revised August, 2000
(b) How the rule or order sought to be reviewed
affects the interests of the party seeking review;
(c) The oral or wdtten statement, sworn or unsworn,
which was submitted to the agency concerning the matter
to be reviewed and the date and location of the statement,
if the individual or entity requesting the review has not
participated in a proceeding previously instituted pursuant
to Chapter 120, F.S., on the order for which review is
sought;
(d) If review of an order is being sought, whether and
how the activity authorized by the order would
substantially affect natural resources of statewide or
regional significance, or whether the order raises issues of
policy, statutory interpretation, or rule interpretation'~hat
have regional or statewide significance from a standpoint
of agency precedent, and all the factual bases in the
record which the petitioner claims support such
determination(s); and
(e) The action requested to be taken by the
Commission as a result of the review, whether to rescind or
modify the order, or remand the proceeding to the water
management district for further action, or to require the
water management distdct to initiate rulemaking to adopt,
amend or repeal a rule.
28-107.005 EMERGENCY ACTION
(1) If the agency finds that immediate sedous danger
to the public health, safety, or welfare requires emergency
action, the agency shall summarily suspend, limit, or
restdct a license.
(2) the 14-day notice requirement of Section
120.569(2)(b), F. S.. does not apply and shall not be
construed to prevent a headng at the eadiest time
practicable upon request of an aggrieved party.
(3) Unless otherwise provided by law, within 20 days
after emergency action taken pursuant to paragraph (1) of
this rule, the agency shall initiate a formal suspension or
revocation proceeding in compliance with Sections
120.569, 120.57. and 120.60, F.S.
40E-1.611 EMERGENCY ACTION
(1) An emergency exists when immediate action is
necessary to protect public health, safety or welfare; the
health of animals, fish or aquatic life; the works of the
District; a public water supply, or recreational, commercial,
industrial, agricultural or other reasonable uses of land and
water resources.
(2) The EXecutive Director may employ the resources
of the District to take whatever remedial action necessary
to alleviate the emergency condition without the issuance
of an emergency order, or in the event an emergency order
has been issued, after the expiration of the requisite time
for compliance with that order.
STANDARD LIMITING CONDITIONS
THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE
ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES,
AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE
CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED
AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT
LOADING AND SEDIMENTATION IN THE RECEIVING WATERS.
WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMI1-FEE'S PROPERTY OR
INTO SURFACE WATERS OF THE STATE WILL BE SUBMI1-FED TO THE DISTRICT AS REQUIRED
BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT
APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994."
PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62-302. F.A.C.
IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ON VOLUMES
OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF
SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS
OF THE STATE.
o
THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN
NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS.
THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE
DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER
MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE
RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT FROM THE
PERMII-FEE. THE TRANSFER REQUEST CAN BE SUBMI1-FED CONCURRENTLY WITH THE
CONSTRUCTION COMPLETION CERTIFICATION.
ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN
SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS
WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994."
o
ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET
FORTH IN SECTION. 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT
APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994."
7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY
THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT.
A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE
ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURFACE
WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT
DISTRICT - MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE
SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST
SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN.
9. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR
PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC.
10. THE PERMI1-FEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL
DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON~OF THE CONSTRUCTION,
OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT.
11.THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMIT-FED INFORMATION WHICH
REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE
CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY
THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE
THE PERMIT-FEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER
IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MODIFY THE SURFACE
WATER MANAGEMENT SYSTEM, IF NECESSARY TO ELIMINATE THE CAUSE OF THE ADVERSE
IMPACTS.
12. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMI1-FEE OR AUTHORIZED AGENT
SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR
EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE
EXPECTED COMPLETION DATE.
13. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED
AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE
SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE
INITIAL COMMENCEMENT OF CONSTRUCTION.
14. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT
SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL FILE A WRITTEN STATEMENT OF
COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER.
THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND
MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL
CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE
SUPPLIED CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION OR EQUIVALENT). THE
CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING
ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT
FACILITIES. ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE
DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE
ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED.
15. WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND
WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE
PERMIl-FEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EITHER FORM
0483, REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR TRANSFER OF SURFACE
WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (TO BE COMPLETED AND
SUBMI1-FED BY THE OPERATING ENTITY), IN ACCORDANCE WITH SECTIONS 40E-1.6105 AND
40E-4.351, F.A.C.
16. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS,
SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TREATMENT,
MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE.
17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON
OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER
THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION
REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT.
18.IT IS THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER
RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION.
19. THE PERMITTEE MUSTOBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING,
UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-
20.302(4), F.A.C.
SPECIAL CONDITIONS
1. DISCHARGE FACILITIES' THROUGH PREVIOUSLY PERMII-FED FACILITIES.
THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING
OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE
SURFACE WATER MANAGEMENT SYSTEM.
MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR
TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER.
THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY
TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE
SHOWN TO BE NECESSARY. ~
FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN
APPROVED MODIFICATION OF THIS PERMIT.
ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11-01232-S REMAIN
IN EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS MODIFICATION.
OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF
WOODLANDS HOME OWNERS ASSOCIATION.
PLAN SHEETS 3 TRHOUGH 7 SIGNED, SEALED, AND DATED ON MAY 25, 2001 BY MICHAEL J.
LANDY, ARE INCORPORATED BY REFERENCE INTO THIS GENERAL PERMIT MODIFICATION AND
WILL BE RETAINED IN THE PERMIT FILE.
LOCATION MAP
010 530' 6
EXHIBIT/.
PROJECT: STRADA BELLA
PERMIT SUMMARY SHEET
APPLICATION NUMBER: 010530-6
PERMIT MODIFICATION NO.: 11-01232-S
LOCATION: COLLIER COUNTY, S21/T48S/R26E
OWNER: SANTORINI VILLAS DEVELOPMENT II LLC
ENGINEER: LANDY ENGINEERING INC
PRO2ECT AREA: 8.17 ACRES
PROJECT USE: RESIDENTIAL
DRAINAGE AREA:
8.17 ACRES
FACILITIES:
1. EXISTING: The project site is located in the northwestern corner of the Olde
Cypress. F.K.A. The Woodlands Which is located in north Collier
County, bounded by undeveloped lands to the north and east,
residential lands to the west (Longshore Lake) and the Cocohatchee
Canal to the south. The project was granted Conceptual Approval on
August Il, 1994 and, Permit No. 11-01232-S and later modified for
Construction and Operation of the multi-basin surface water
management system serving the residential development.
The surface water management system for the entire development is
constructed and operational. The proposed development is located
in the previously permitted WATERSHED-1 basin of the master surface
water management system.--
The system discharges to the Cocohatchee Canal vai a single control
structure with a maximum discharge rate of 12.82 cfs.
2. PROPOSED: The applicant proposes to develop 18 residential lots, an internal
road and a. drainage system on 8.17 acres in the northwestern corner
of the Olde Cypress, F.K.A, The Woodlands.
Run-off from the site sheetflows to the front and back of the lots
where it is collected by catch basins and conveyed through storm
drains to an existing lake on the southern part of the proposed
lots.
The existing surface water management system provides the required
water quality and attenuation of the 25-year 3-day storm event for
the existing and proposed developments.
Exhibit
APPLICATION NUMBER: 010530-6
WATER QUALITY:
The required water quality for the site is provided in the master system.
ENVIRONMENTAL ASSESSMENT:
PROJECT SITE DESCRIPTION:
The proposed 8.17-acre modification is located in the northwest portion of the
existing Old Cypress Development that was originally permitted as the
Woodlands, The project area consists entirely of pine/cypress/melaleuca
wetlands, Mitigation payment for the purchase, restoration and management
of lands within CREW was provided on Feburary 2, 1998 to the SFWMD in the
amount of $550 000. This satisfied all mitigation requirements re§uired in
the construction and operation permit issued in 1995 (Application # 950210-5).
There are no adverse environmental impacts associated with the development of
this project.
ENDANGERED, lltREATENED & SPECIES OF SPECIAL CONCERN SUMMARY:
The project site does not contain preferred habitat for wetland-dependent
endangered/threatened species or species of special concern. No wetland-
dependent endangered/threatened species or species of special concern were
observed on site, and submitted information indicates that potential use of
the site by such species is minimal. This permit does not relieve the ,
applicant from complying with all applicable rules and any other agencies
requirements if in the future, endangered/threatened species or species of
special concern are discovered on the site.
TOTAL PREVIOUSLY
PROJECT PERMI1-FED THIS PHASE
TOTAL ACRES 248.66 8.17 acres
WTRM ACREAGE 33.80 .00 acres
PAVEMENT 32.40 1.41 acres
BUILD COVERAGE 95.40 3.38 acres
PERVIOUS 3.38 acres
OTHER 40.37 acres
Exhibit
APPLICATION NUMBER: 010530-6
OTHER 40.37
acres
DEPARTMENT APPROVAL-
SURFACE WATER MANAGEMENT
Richa~: P.:.~
NATURAL RESO~URC£ ~N~GEMENT
K~'~en'M, Johnson/
DATE: ~-ZO_~ I
DATE: ~ -~--C?--c?/
Exhibit